Wendy's Gift Card Terms and Conditions

Effective Date: October 31, 2016

The following Wendy’s Gift Card Terms and Conditions (“Agreement”), are subject to Wendy’s Privacy Policy and Terms of Use, and describe the supplemental terms and conditions that apply to use of Wendy’s Gift Cards and Wendy's Promotional Gift Cards (collectively "Wendy's Gift Cards"). This Agreement is between you, the Cardholder, and, for Gift Cards purchased in the U.S., 256 Gift Card, Inc. (“U.S. Card Company”), for Gift Cards purchased in Canada, Wendy’s Restaurants of Canada Inc. (“Canadian Card Company”).  By purchasing, accepting or using your Wendy’s Gift Card, you agree to be bound by this Agreement.  If you do not agree with this Agreement, do not purchase, use or accept the Wendy’s Gift Card.  A reference to “our,” “we,” “us,” or “Card Companies” means U.S. Card Company and Canadian Card Company collectively.  A reference to “Wendy’s” includes The Wendy’s Company, Wendy’s International, LLC, Wendy’s Restaurants of Canada Inc., and each of its related, affiliated or subsidiary companies (other than Card Companies).  IMPORTANT:  For U.S. residents, this Agreement includes resolution of disputes by arbitration instead of in court. 

Contents

  1. About Your Wendy’s Gift Card
  2. Balance Inquiry
  3. No Expiration/Fees
  4. Redemption
  5. No Refunds
  6. Lost, Damaged Or Stolen Wendy’s Gift Card
  7. No Resale
  8. Mandatory Binding Individual Arbitration
  9. Limitation of Liability
  10. Choice Of Law
  11. Changes To Agreement
  12. Fraud
  13. Language (Quebec only/Québec seulement)
  14. California Redemption Policy

1. About Your Wendy’s Gift Card.

Wendy’s Gift Cards are issued by U.S. Card Company for Gift Cards purchased in the U.S., and by Canadian Card Company for Gift Cards purchased in Canada.  U.S. Card Company and Canadian Card Company are affiliates of Wendy’s that are authorized to issue Wendy’s Gift Cards for sale by and redemption at participating Wendy’s restaurants located in the United States and Canada, respectively. U.S. Card Company and Canadian Card Company are also responsible for the operation and maintenance of the Wendy’s Gift Card program in the United States and Canada, respectively.  U.S. Card Company is the sole legal obligor to Cardholders who purchased Gift Cards in the U.S. and Canadian Card Company is the sole legal obligor to Cardholders who purchased Gift Cards in Canada.  Wendy’s  and its affiliates (other than Card Companies) and franchisees bear no responsibility or liability for any Wendy’s Gift Cards, and you hereby knowingly release  Wendy’s  and its affiliates (other than Card Companies) and franchisees from any and all liability or claims of any nature whatsoever arising in connection with the Gift Card.  Wendy’s Gift Cards can be purchased or reloaded, using the Wendy’s Gift Card mobile app or at participating restaurant locations in the United States or Canada, excluding Promotional Gift Cards, which cannot be reloaded. The Gift Card is not a debit or credit card.

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2. Balance Inquiry.

For balance inquiry, U.S. Cardholders please visit www.wendys.com/en-us/wendys-gift-cards/giftcards/check-card-balance, and Canadian Cardholders please visit www.wendys.com/en-ca and click the gift card link or call 1-888-624-8140.  The balance you hear when inquiring over the telephone is an estimate only.  In most cases, the balance is adjusted immediately when you make a purchase, but there may be occasions when the balance adjustment is delayed.

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3. No Expiration/Fees.

Wendy’s Gift Cards, excluding Promotional Gift Cards, do not expire. No fees for inactivity or service fees apply. Promotinoal Gift Cards expire as of the date printed on the card. 

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4. Redemption.

Your Wendy’s Gift Card is redeemable only for purchases of food and beverages at participating Wendy’s locations in the United States or Canada.  It has no cash value and may not be redeemed for cash (except as required by law) or used to purchase another Wendy’s Gift Card. The Gift Card is also not redeemable for a check or credit, nor can it be applied as payment to any credit or other account. Gift Card balance will be adjusted by an amount that reflects the local currency where the Gift Card is being redeemed based on then current currency exchange rates, as assessed in Card Companies’ sole discretion.

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5. No Refunds.

No refunds are permitted with respect to Wendy’s Gift Cards (except as required by law).

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6. Lost, Damaged Or Stolen Wendy’s Gift Card.

Lost, damaged or stolen cards will not be replaced.

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7. No Resale.

Your Wendy’s Gift Card may not be resold by any unauthorized vendor under penalty of law; unlawful resale or attempted resale is grounds for seizure and cancellation without compensation.   We will not honor gift cards purchased through an unauthorized vendor, including any Internet auction sites.

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8. MANDATORY BINDING INDIVIDUAL ARBITRATION.

 

  1. (a) U.S. Residents: EXCEPT AS PROVIDED BELOW, ANY AND ALL CLAIMS OR DISPUTES IN ANY WAY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE WENDY'S GIFT CARD ISSUED BY U.S. CARD COMPANY WILL BE RESOLVED BY INDIVIDUAL (NOT CLASSWIDE, COLLECTIVE, OR REPRESENTATIVE) BINDING ARBITRATION OR IN SMALL CLAIMS COURT.  This agreement to arbitrate extends to claims that you assert against other parties, including without limit, claims against Wendy’s and its franchisees.  JAMS will arbitrate all disputes according to its Streamlined Arbitration Rules and Procedures (“JAMS Rules”).  The JAMS Rules and instructions for how to initiate arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To begin an arbitration proceeding, you must serve U.S. Card Company’s registered agent for service of process at The Corporation Company, 1675 Broadway, Suite 1200, Denver, CO 80202. Arbitration is the submission of a dispute to a neutral arbitrator, instead of a judge or jury, for a final and binding decision, known as an “award.”  An arbitrator can award on an individual basis the same damages and relief as a court. This Agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration law apply (despite the choice of law provision in Section 10 below and in the Terms of Use).  You may elect to have an in-person hearing in the county where you reside.  If you file an arbitration demand, you will pay half of the arbitration fees and costs up to $250.  U.S. Card Company shall pay the costs and fees of JAMS and the arbitrator in excess of $250.  U.S. Card Company agrees that it will not seek reimbursement from you for its costs and fees incurred by it in the arbitration.  AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO PURSUE YOUR CLAIM ON AN INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A CLASS OR REPRESENTATIVE ACTION. This Agreement prohibits the Arbitrator from consolidating the claims of others into one proceeding, to the maximum extent permitted by law.  This means that the Arbitrator shall hear only individual claims and is prohibited from fashioning a proceeding as a class, collective, representative or group action or awarding relief to a group of individuals in one proceeding.  Any question or dispute concerning the interpretation, enforcement, or validity of this prohibition on class, collective, representative, and group actions shall be decided by a court and not the Arbitrator.  This agreement to arbitrate shall survive termination of this Agreement.  This agreement to arbitrate does not apply to disputes pertaining to U.S. Card Company’s or Wendy’s intellectual property rights.
  2. (b) Non-U.S. Residents:  If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to this Agreement, then you and we agree to send a written notice to the other providing a reasonable description of the Section 8(b) Dispute, along with a proposed resolution of it.  Our notice to you will be sent to you based on the most recent contact information that you provide us but if no such information exists or if such information is not current, then we have no obligation under this Section 8(b).  Your notice to us must be sent to:
    By mail:
    Wendy's International, LLC
    One Dave Thomas Boulevard
    Dublin, OH 43017
    Attn: General Counsel, Legal Department
    By Email: legal@wendys.com

For a period of sixty (60) days from the date of receipt of notice from the other party, U.S. Card Company or Canadian Card Company (as applicable) and you will engage in a dialogue in order to attempt to resolve the Section 8(b) Dispute, though nothing will require either you or U.S. Card Company or Canadian Card Company (as applicable) to resolve the Section 8(b) Dispute on terms either you or us, in each of our sole discretions, are uncomfortable with.  Nothing in this Section will prevent a party from pursuing their claims in Court or another complaint process.

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9. Limitation Of Liability.

FOR SOME CONSUMERS (INCLUDING THOSE IN QUEBEC), CERTAIN OF THE FOLLOWING WARRANTY EXCLUSIONS DO NOT APPLY. CARD COMPANIES AND THEIR AFFILIATES MAKE NO WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, OR COLLATERAL WITH RESPECT TO WENDY’S GIFT CARDS INCLUDING, WITHOUT LIMITATION (EXCEPT IN QUEBEC), ANY EXPRESS OR IMPLIED WARRANTY OR CONDITIONS OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR OR GENERAL PURPOSE.  IN THE EVENT THAT A WENDY’S GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD.  CERTAIN STATE AND PROVINCIAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES AND CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.

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10. Choice of Law.

Except for consumers in Quebec, the laws of the State of Colorado, without regard to principles of conflict of laws, apply to this Agreement and use of your Wendy’s Gift Card.  For consumers in Quebec, this Agreement is governed by the laws of the province of Quebec and the federal law of Canada applicable therein, without regard to conflicts of law principles. 

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11. Changes To Agreement.

Except for consumers in Quebec and subject to applicable laws, Card Companies reserve the right to change this Agreement from time to time in their discretion, which changes we may provide to you by any reasonable means, including without limitation, by posting the revised version of this Agreement at  http://www.wendys.com/giftcards and www.wendys.com/en-ca.

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12. Fraud.

Except for consumers in Quebec, Card Companies reserve the right to refuse to honor a Wendy’s Gift Card which, in their sole opinions, was obtained fraudulently.

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13. Language (Quebec only/Québec seulement).

You have expressly requested that this Agreement and all related documents, including notices, be in the English language.  Vous avez expressément demandé que le préesent contrat et tous documents y afféerents, y compris tout avis, soient rédigés en langue anglaise.

 

14. California Redemption Policy.

Wendy's gift cards with balances of $10.00 or greater are redeemable only for food and beverages at participating Wendy's locations and are not redeemable for cash. Under California law, holders of gift cards having a balance of less than $10.00 may use the card to buy food and beverages, or may instead request that the balance be returned to them. To request cash back for a physical gift card, please visit any Wendy's location in California that accepts gift cards. To request return of the balance for a digital gift card (including My Wendy's Mobile Application) by check, please contact customer service at (888) 624-8140.

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