CARDHOLDER AGREEMENT
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This Gift Card Agreement ("Agreement") is the agreement between you and BB&T Financial, FSB, a federally-chartered thrift institution with an address of P O Box 1057, Louisville, KY 40201 (“Bank”) with respect to our issuance and your use of the accompanying Discover® Gift Card ("Card"). You will be deemed to have accepted the terms of this Agreement if you accept or use the Card, and these terms shall also apply to any person authorized to use this Card.
In this Agreement, “you” and “your” mean the person to whom the Card is issued, the person receiving the Card, or the person using the Card. The terms “we,” “us,” and “Bank” mean BB&T Financial, FSB, or its servicing partner, MidAmerica Gift Certificate Company, and their successors, agents, and assigns.
To the extent federal law is not applicable, the laws of the state of Georgia shall govern this Agreement without regard to that state’s conflict of laws principles. We may waive any of the provisions or conditions of this Agreement, but any such waiver shall be effective only on that occasion and shall not be construed as a continuing waiver of the waived provision or condition on any other occasion.
CARD DESCRIPTION
The Card is a prepaid, non-personalized, non-reloadable, gift card that may be used to make purchases at retail merchants who have agreed to accept the Card and who are located in the property where the Card was purchased. The Card is loaded with a U.S. dollar amount designated by the purchaser. It is not a credit card. You may not use the Card at ATMs. Your Card and its pre-funded account are not issued in your name. No separate deposit account is established for you that is associated with this Card. The Card is not FDIC insured.
GIFT CARD ACTIVATION AND DEACTIVATION
Your Card was activated at purchase and it may be used to make purchases until the “Valid Thru” date printed on the Card. On that date, the Card will be deactivated and you can no longer use it. However, you may obtain a refund check for the Available Balance. See
REDEMPTION below.
CARD USE
You may use the Card to purchase goods and services from retail merchants who have agreed to accept the Card and who are located in the property where the Card was purchased. You may not use the Card to pay for airline tickets, car rentals, hotel accommodations or to pay for gas at the pump. To purchase gas, you must give the Card to an attendant to process payment. You acknowledge and agree that the total amount of purchases that may be made with the Card is limited to the amount loaded on the Card. As you use the Card, the amount loaded on the Card will be reduced by purchases and any applicable fees. The loaded amount less purchases and applicable fees is known as the Available Balance. You are responsible for keeping track of your Available Balance.
If you wish to make a purchase that exceeds the Available Balance, you must inform the merchant that you wish to pay for your purchase with your Card and another form of payment. Not all merchants will accept this type of "split tender" payment.
A merchant will obtain authorization for the amount of your purchase. A purchase will not be authorized if it exceeds the Available Balance. However, in the event that such a transaction is authorized, due to systems malfunction or any other reason, you are liable for and agree to pay immediately the difference between the Available Balance and the transaction amount.
We may refuse to authorize a Card transaction if we reasonably believe that the transaction is made in connection with an unlawful transaction or activity including, without limitation, gaming, gambling, lottery, or similar activities. We may temporarily “freeze” the Card if we note transactions that are unusual or appear suspicious.
HOLDS
In certain circumstances, the authorization for a purchase may be greater than the actual purchase amount. For example, at a restaurant, an authorization may be for the amount of the meal plus an additional 20% to ensure adequate funds should the customer decide to add a tip. Because we are obligated to pay the authorization amount, the Available Balance on the Card will be reduced by the amount of the authorization (a “hold”) even though the actual purchase may be less than the amount authorized. We are obligated to pay the amount authorized, even if the final settlement transaction has not yet been received or processed by us. This hold, which may be more or less than the final transaction amount, will affect the balance available to pay or authorize other Card transactions. As a result, Card transactions may be declined, dishonored, or not paid. We are not responsible if we do not authorize or pay subsequent Card transactions while such a hold is placed on the Available Balance. By conducting point-of- sale transactions, you authorize us to rely on authorized amounts submitted by merchants, to place such a hold or holds on the Available Balance, and to determine the balance available to pay and/or authorize other Card transactions. The hold will be released upon the earlier of: (i) settlement of the transaction for which the authorization was obtained, (ii) three (3) business days after the authorization.
MERCHANT DISPUTES
You agree to settle all disputes about purchases or transactions made with the Card with the merchant who honored the Card. If you are entitled to a refund for a purchase made in whole or in part with the Card, you agree to accept a refund in the form offered by the merchant.
LOST OR STOLEN CARD
Your Card is not issued in your name. The Card
should be treated the same as cash and you are responsible for
safeguarding the Card. The Card is not a credit card and does not have
credit card protections. You do not have the right to stop payment on
any transaction originated by use of your Card. Lost or stolen Cards
cannot be replaced. If a lost or stolen Card is used for a purchase(s),
the Available Balance shall be reduced by the amount of such
purchase(s). You assume all risks of loss from a lost or stolen Card.
LIMITATIONS ON OUR LIABILITY
Except where prohibited by applicable law, we shall have no liability to you for performing or failing to perform any service in connection with the Card except if we acted in bad faith. In the event a court of law finds us liable to you for performing or failing to perform a service, you may recover actual damages only. In no event shall we be liable for any consequential, special, incidental, punitive or indirect damages even if we are aware of the possibility of such damages.
ARBITRATION
IT IS IMPORTANT THAT YOU READ THIS ARBITRATION PROVISION
CAREFULLY. IT PROVIDES THAT YOU MAY BE REQUIRED TO SETTLE A CLAIM OR
DISPUTE THROUGH ARBITRATION, EVEN IF YOU PREFER TO LITIGATE SUCH CLAIMS
IN COURT. YOU ARE WAIVING RIGHTS YOU MAY HAVE TO LITIGATE THE CLAIMS IN
A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR
OTHER REPRESENTATIVE ACTION WITH RESPECT TO SUCH CLAIMS. IN NO EVENT AND
UNDER NO CIRCUMSTANCES SHALL ANY PARTY BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES, INCLUDING,
WITHOUT LIMITATION LOSS OF PROFITS, EVEN IF A PARTY HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
Any Claim or dispute (“Claim”) by either you or us against the other arising from or relating in any way to the Card or this Agreement will, at the election of either you or us, be resolved by binding arbitration. This arbitration provision governs all Claims, whether such Claims are based on law, statute, contract, regulation, ordinance, tort, common law, constitutional provision, or any other legal theory and whether such Claim seeks as remedies money damages, penalties, injunctions or declaratory or equitable relief. Claims subject to this arbitration provision include Claims regarding the applicability of this provision or the validity of this or any prior agreement. As used in this provision, the term “Claim” is to be given the broadest possible meaning, and includes Claims that arose in the past or arise in the present or future. If a party elects to arbitrate a Claim, the arbitration will be conducted as an individual action. This means that even if a class action lawsuit or other representative action, such as those in the form of a private attorney general action, is filed, any Claim related to the issues of such lawsuits will be subject to arbitration if you or we so elect. Claims subject to arbitration also include Claims that are made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise. The party filing for arbitration must choose one of the following arbitration administrators: American Arbitration Association; JAMS; or National Arbitration Forum. Arbitration will be conducted under the rules of the selected administrator by an impartial third-party arbitrator. Any arbitration shall be conducted in the city where the Card was purchased, the city of our main office, or a location mutually agreed upon by the parties.
The arbitrator will either be a lawyer with at least ten years’ experience in banking, a retired or former judge or a law school professor with banking law expertise. The arbitrator will be selected in accordance with rules of the selected administrator. The arbitrator will apply the substantive law of the state where our main office is located. The parties may choose to be represented by an attorney. The arbitration will be conducted under the applicable procedures and rules of the administrator that were in effect on the date the request for arbitration is filed. Certain rights that you would have if you went to court such as discovery or the right of appeal may not be available in arbitration or may be more limited. The arbitrator’s decision will be final and binding. If there is a conflict between the rules and procedures of the administrator and any term in this provision, the terms of this provision shall prevail. You or we may bring an action including a summary or expedited motion to compel arbitration of any Claim, or to stay the litigation of any Claims pending in any court. Such action may be brought at any time. The failure to initiate or request arbitration at the beginning of a dispute or Claim shall not be construed as a waiver of the right to arbitration.
At your request, we will advance any reasonable arbitration filing fee, or administrative and hearing fees that you are required to pay up to $500. We will reimburse you for the initial fee if you paid it and you prevail on your Claim. All other fees will be allocated pursuant to the rules of the administrator. The arbitrator may award any fees, cost, and expenses including attorney’s fees, as permitted by the administrator’s rules. You may obtain copies of the current rules of each administrator, including information about arbitration, fees, and instructions for initiating arbitration by contacting the administrators.
American Arbitration Association, 335 Madison Avenue, Floor 10, New York NY 10017.
Phone: 800-778-7879.
Website;
www.adr.org.
JAMS, 1920 Main Street, Suite 300, Irvine, CA 92610.
Phone: 800-352-5267.
Website:
www.jamsadr.com.
National Arbitration Forum, P.O. Box 50191 Minneapolis, MN 55405.
Phone: 800-474-2371.
Website:
www.arbitration-forum.com
FEES
Issuance Fee: Determined by issuing Agent. Monthly
Account Maintenance Fee $2.50 per month beginning the 7th month after
issuance of the Card.
Balance Inquiry Fee: You may obtain information regarding your Card’s
Available Balance and purchases without cost by visiting
www.MyMallGiftCard.com
or at the customer service center at the mall where the Card was
purchased.
The first balance or transaction history inquiry via telephone (800)
798-4099 each calendar month is free. Subsequent telephone inquiries in
the same calendar month are $ .25 per inquiry.
Other services may be available and any fees and will be disclosed prior
to provision of service.
REDEMPTION
You may request a refund of the Available Balance on your Card at any time, including upon deactivation of the Card or termination of the Card program, by sending a signed, written request and your card, by certified mail, to MidAmerica Gift Certificate Co. Box 1057, Louisville KY 40201. Allow at least 4 weeks for delivery of the redemption check. Absent a request for a refund of the Available Balance, the remaining value unclaimed by you for a period of time set forth under state law may be escheated (i.e., delivered) to the state.
MODIFICATION, CANCELLATION AND WAIVER
Except where prohibited by applicable law, we may cancel or modify any terms, conditions, or services related to use of the Card including any part of this Agreement without notice to you. We may delay or waive any right at any time but such delay or waiver shall not affect exercise of those rights in the future.
SEVERABILITY
If any of the provisions of this Agreement are
invalid, the remaining provisions shall continue in full force and
effect.
Columbia Mall Gift Card FAQ
The following information should answer the majority of questions that may arise. Please contact property Management or BB&T Prepaid at 1-800-550-1274, Option 1, with any additional questions.Purchasing a Prepaid Card:
Q: Why is there a fee to purchase a gift card?
A: A small fee is added to cover administrative costs of processing the cards. Since this gift card acts like a prepaid debit card, there are certain transaction costs associated with it.
Q: Which stores accept the gift card?
A: Any store that accepts the Discover® Card.
Q: What makes the gift card different from other gift cards or gift certificates?
A: What’s different about this gift card is that it can only be spent at retailers at this property that accept the Discover® Card. Most other gift cards can be spent anywhere that accepts that “branded” form of payment. Certificates can usually be used only where they were purchased.
Q: How much money can I put on a Gift Card?
A: Mall gift cards are available in any denomination from $20 to $250
per card.
Q: Can I purchase a gift card for someone under 18 years of age?
A: Yes, the gift card is a fantastic gift for anyone at any age!
Gift Card Transactions:
Q: Can I purchase an item or service that is more than the amount on my gift card?
A: Yes, simply tell the merchant:
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The exact available balance on your gift card;
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Before using the gift card, pay the remainder of the purchase by some other means acceptable to the merchant. Generally cash or check is preferred.
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If you don’t tell the merchant before you begin the transaction and you attempt to make a purchase for more than the amount on the gift card, the transaction will be declined because you do not have enough money on your gift card.
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Always keep track of the balance on your gift card so that you do not attempt to make purchases for more than the available balance.
Q: Why is there an “active thru or valid thru” date on my gift card?
A: Just as with any major credit card a “Valid Thru” date is required for electronic processing.
Q: Can I use the card at ATMs or get cash back from my purchase?
A: No. The gift card is not a credit or debit card, so the gift card will have no functionality at an ATM.
Q: Is it necessary to sign the back of the gift card and the receipt?
A: No, however, some retailers may require checking the signature and will likely ask you to sign the card and the receipt.
Q: Why do I need to keep track of my available balance?
A: The gift card is processed through the Discover® Network and much like a credit card or debit card, merchants do not have access to see the remaining balance on your card. Keeping track of your balance will also help the merchant in processing your transaction efficiently.
Q: How can I find out the remaining balance on my gift card?
A: There are at least four ways to determine the available balance on your gift card:
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Present your card to Customer Service;
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Visit www.MyMallGiftcard.com
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Check the authorization number on the receipt from your last gift card purchase (the majority of Discover® merchants will show the available balance as part of the authorization number; i.e. authorization code 001735 is $17.35 remaining balance);
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Call 1-800-798-4099 and follow the voice prompts. The first call is free. Subsequent telephone inquires in the same calendar month will result in a $.25 fee deducted from the card's balance.
Q: Can I reload or add funds to my gift card?
A: No. The gift cards are designed for loading funds only one time.
Q: What if the store associate is not familiar with processing gift card transactions?
A: Instruct the retailer to process the gift card as they would any other Discover® Card transaction.
Q: What if someone steals my card or uses it without my permission?
A: No. However, if you have the original gift card receipt showing the
initial loaded value and the account number of the lost card, you can
send that documentation along with your name and address to MidAmerica
Gift Certificate Company for a refund of the card account's available
balance. The refund amount will be account's available balance when Mid
American receives your documentation. Please allow 6-8 weeks to process
your refund.
Q: Can my lost or stolen gift card be replaced?
A: No, unfortunately losing the gift card is like losing cash.
Q: Can I consolidate the balances on two gift cards onto one card?
A: No. You may however use multiple cards to purchase another gift card provided the combined available balance on the gift cards you are using is equal to or greater than the minimum gift card load amount
($20).
Q: Can I use my gift card on retailers’ web sites?
A: No. The card is designed and programmed to be used only in the physical store locations that have agreed to accept the Discover® Card.
Q: What if I need to return merchandise that I purchased using a gift card?
A: The retailer’s return policy will dictate the options available. Most likely the retailer will offer a store credit or a store gift card.
Q: What happens if I haven't spent the
entire amount of my mall gift card before the "active or valid thru"
date?
A: Any remaining balance on your card at this point can be refunded to
you. there is no cost for this service. For refunds, send your card
along with your name, address, and phone number via Certified Mail to:
Mid America Gift Certificate Company
P.O Box 1057
Louisville, KY 40201
Q: Can I request a check for the remaining
available balance?
A: Absolutely! Submit a written request along with your mall gift card
to MidAmerica Gift Certificate Company via Certified Mail. Be sure to
include your name, address and phone number in the request. MidAmerica
will process the refund of the available balance as of the date the
refund is processed. There is no fee for this service.
Q: What if there is nothing in this mall
that I want to purchase with the mall gift card?
A: You may return the card at any time to MidAmerican Gift Certificate
Company for a full refund. The correct address and additional
information you will need are in the Card Holder Agreement. Please allow
up to 6-8 weeks for processing your refund request.
Q: Can my transaction at a restaurant be declined even though there is still value on my gift card?
A: Most restaurants will approve a transaction for 15-40% more than the purchase to cover anticipated gratuity (for authorization purposes only). So, if the remaining value on your Gift Card does not cover the meal plus 40% gratuity, the sale will not be approved. To avoid this, please make sure the value remaining on your Gift Card will cover the meal and expected gratuity even if you are not planning to include gratuity as part of the transaction. Only the amount you authorize will be deducted from your card balance. Or, you can ask the cashier if you can use a combination of the Gift Card and another form of payment in order to pay the bill (also known as a "split tender" transaction).
Q: Will I be notified if my account is assessed a fee?
A: Since we do not collect any personal information about you we really have no way of notifying you of such an event. Where permitted by law, fees may apply as stated on the back of the Gift Card or in the Cardholder Agreement which accompanied the card at the time of purchase.
Q: What would cause my purchase with the gift card to be declined?
A: Typically there are only a couple of such circumstances:
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A transaction is attempted for an amount greater than the available balance;
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The retailer attempting the transaction may not be recognized as a participating Discover® merchant;
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The magnetic stripe on the back of the card has been damaged and is not readable by the retailer’s equipment. In this instance, return the card to customer service where the available balance can be transferred to another card.
Q: Why are there occasional problems spending the gift card at restaurants, hair and nail salons and other personal service retailers when I know there is enough balance to cover the receipt total?
A: When using your gift card in restaurants, drinking establishments, hair and nail salons and some other personal services retailers, please keep in mind that the retailer’s processing system may secure an authorization or approval on your card for an amount between 25% and 40% more than the total bill. This is done automatically and with anticipation that the customer will want to put the tip or gratuity on the card. However, only the amount you authorize will be deducted from the card.
Q: How long does a pending or unsettled transaction stay this way?
A: The transaction will remain in the “pending” status until Discover® Network receives settlement from the retailer or until 3-10 business days have passed.
Q: Why is the pending transaction amount different than my receipts?
A: Keep in mind that some retailers, typically restaurants and personal service establishments, authorize amounts for more than the purchase amount to cover an anticipated gratuity. Once the retailer settles the transaction for the amount actually authorized by the customer, this “pending” transaction will drop from “pending” status.
Q: What if a customer asks a question about the gift card that I can’t answer?
A: You can simply call BB&T Prepaid at 1-800-550-1274 and select option 1. Our gift card experts are ready and willing to help!
Q: How do I dispute a charge on my gift card?
A: If you have a problem with the goods or services you have purchased with your gift card, you must resolve the issue directly with the retailer where the purchase in question was made.
Q: What if the gift card is expired?
A: Your Card was activated at purchase and it may be used to make purchases until the “Valid Thru” date printed on the Card. On that date, unless prohibited by applicable law, the Card and any Available Balance expire and you can no longer use the Card or access the Available Balance. Any Available Balance remaining after expiration will be forfeited and may be turned over or escheated to the appropriate state pursuant to applicable law.
BB&T Financial, FSB
P.O. Box 1057
Louisville, KY 40201