HIBBETT GIFT CARD TERMS AND CONDITIONS
Date of Last Revision: March 25, 2022
GENERAL
Gift Card Services, LLC, a Virginia limited liability company (“GCS”), issues gift cards and merchandise cards in digital and physical form (collectively, “Gift Cards”) that may be redeemable at stores operated by Hibbett Retail, Inc. (“Hibbett”) as well as online at Hibbett.com. By purchasing or using a Gift Card you are confirming that you understand and agree to be bound by these Hibbett Gift Card Terms and Conditions (the “Terms”), INCLUDING THE AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVER PROVISIONS BELOW. If you do not agree to these Terms, please do not purchase or use a Gift Card.
RECEIVING A GIFT CARD
Gift Cards have no value until activated by a Hibbett associate or online. Once activated, the Gift Card is the property of the holder. Unless required by applicable law, Gift Cards or any portion thereof are not (i) redeemable for cash, (ii) refundable if lost or stolen, (iii) returnable, or (iv) available for resale. Other restrictions and exclusions may apply. Gift Cards are void where prohibited.
REDEEMING A GIFT CARD
Gift Cards may be used toward future purchases of merchandise at any participating store location operated by Hibbett or online at Hibbett.com. Gift Cards may not be redeemed at City Gear brick and mortar store locations. For the nearest Hibbett store, visit Hibbett.com. For physical cards, the Gift Card must be presented at the time of redemption. When redeeming Gift Cards, any unused balance will be redeemable on the Gift Card and available for future purchases of merchandise. Upon redemption of the Gift Card, any purchase amount that exceeds the existing value of the Gift Card will be the responsibility of the redeemer.
When using a Gift Card together with a credit card or debit card in payment for an Order, an authorization hold for the full amount of the Order will be placed on the credit card or debit card. After the Order ships, the credit card or debit card will be charged only for the portion of the Order price that is not paid using a Gift Card. The credit card or debit card authorization hold will be released within three (3) to five (5) business days after the Order ships.
In the case of fraud, misrepresentation, abuse or violation of these Terms and Conditions, Hibbett reserves the right to refuse acceptance of any Gift Card issued by GCS. GCS and Hibbett may take all available legal or administrative action, including the forfeiture of any remaining Gift Card balance. GCS and Hibbett are not responsible for Gift Cards that are lost or stolen. Gift Cards do not expire and do not have fees for non-use. For balance inquiry, call 1-888-806-1720. Other restrictions and exclusions apply.
LIMITATION OF LIABILITY
GCS AND HIBBETT SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE ISSUANCE, PURCHASE, USE OR NON-USE OF ANY GIFT CARD, EVEN IF GCS OR HIBBETT HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, WHETHER IN CONTRACT OR TORT. NOTWITHSTANDING THE FOREGOING, APPLICABLE LAW MAY NOT PERMIT THE LIMITATION OF LIABILITY SET FORTH IN THIS PARAGRAPH. THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. PURSUANT TO APPLICABLE LAW YOU MAY HAVE RIGHTS IN ADDITION TO THE RIGHTS CONTAINED HEREIN.
AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVER
YOU, GCS AND HIBBETT AGREE THAT ANY CLAIM, DISPUTE, OR CONTROVERSY MUST BE RESOLVED THROUGH ARBITRATION. YOU, GCS AND HIBBETT ACKNOWLEDGE AND AGREE THAT EACH OF US IS WAIVING THE RIGHT TO A TRIAL BY JURY. RIGHTS THAT EACH OF US WOULD HAVE IF WE WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU, GCS AND HIBBETT AGREE THAT EACH OF US MAY ONLY BRING A CLAIM IN OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU, GCS AND HIBBETT ALSO AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
Any claim that all or part of this class action waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. Any dispute or claim arising out of or relating to the issuance, purchase, use or non-use of a Gift Card shall be settled by binding arbitration. You, GCS and Hibbett waive the right to go to court and agree to submit any claims to arbitration. This arbitration provision is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.
Notwithstanding the foregoing, you, GCS and Hibbett retain the right to pursue in a small claims court any claim that is within that court’s jurisdiction and proceeds on an individual (non-class, non-representative) basis. With the exception of residents in New Jersey, you, GCS and Hibbett agree that regardless of any statute or law to the contrary, any claim must be filed within one (1) year after such claim arose or be forever barred.
The arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules issued in Sept. 2014. Please contact the AAA for a copy of the rules. For your convenience, arbitration may be conducted in the federal district where you reside. It may be held by telephone or through written submissions if you, GCS and Hibbett agree. Any award rendered shall include a written opinion and shall be final, subject to appeal under the FAA. This provision survives any exhaustion of any balance on any Gift Card. If the class action waiver is deemed unenforceable, then this entire arbitration provision shall be rendered null and void.
YOU HAVE THE RIGHT TO OPT OUT OF THE ARBITRATION PROVISION WITHIN THIRTY DAYS OF YOUR FIRST USE OF THE PLATFORM OR YOUR PURCHASE OF A PRODUCT (WHICHEVER IS FIRST) BY WRITING TO GCS VIA U.S. CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO GIFT CARD SERVICES, LLC, BOX #745, 8005 CREIGHTON PARKWAY, SUITE C, MECHANICSVILLE, VIRGINIA 23111, AND TO HIBBETT VIA U.S. CERTIFIED MAIL, RETURN RECEIPT REQUESTED AT HIBBETT RETAIL, INC., 2700 MILAN COURT, BIRMINGHAM, ALABAMA 35211, ATTN: LEGAL DEPARTMENT.
