Gift Card Terms and Conditions

Anthony’s Coal Fired Pizza Gift Card Terms and Conditions

The following Anthony’s Coal Fired Pizza Gift Card Terms and Conditions (referred to as the “Agreement”) describe the terms and conditions that apply to use of Anthony’s Coal Fired Pizza Gift Cards (“Cards”).  This Agreement is between you, the Cardholder, and Anthony’s Pizza Holding Company LLC, a Florida limited liability company (“Issuer”) and its affiliates and related entities that own and operate Anthony’s Coal Fired Pizza restaurant locations (the “ACFP Restaurants” and collectively with Issuer, the “ACFP Companies”).  By purchasing, accepting or using your Card, you agree to be bound by this Agreement.  If you do not agree with this Agreement, do not purchase, use or accept the Card.  IMPORTANT:  This Agreement includes class action waiver and resolution of disputes by arbitration in Paragraph 10 instead of in court.

1.    About Your Card. The Cards sold at ACFP Restaurant locations or online at https://acfp.com/ are issued by Issuer.  Issuer is authorized to issue the Cards for sale or distribution by the ACFP Companies and online at https://acfp.com/.  Issuer is responsible for the operation and maintenance of the Card program.  Issuer is the sole legal obligor to the Cardholder for Cards issued by Issuer; provided, however, that Issuer may assign its obligations with respect to Issuer-issued Cards at any time, in which case such assignee shall become the Issuer and sole legal obligor to the Cardholder for these Cards.  The ACFP Companies, other than Issuer, bear no responsibility or liability for any Issuer-issued Cards, and you hereby knowingly release the ACFP Companies (other than Issuer) from any and all liability or claims of any nature whatsoever arising in connection with these Cards.  The Cards mays also be sold by third-party distributors.  Any Cards that are sold through Blackhawk Network, Inc. are issued by and represent solely the obligations of MetaBank, an unaffiliated third party.  The ACFP Companies, including Issuer, bear no responsibility or liability for any MetaBank-issued Cards, and you hereby knowingly release the ACFP Companies (including Issuer) from any and all liability or claims of any nature whatsoever arising in connection with these Cards.  Regardless of whether they are issued by Issuer or MetaBank, the Cards may be redeemed at any Anthony’s Coal Fired Pizza location.  MetaBank-issued Cards may be subject to separate terms and conditions.  For more information about MetaBank-issued Cards, please dial [visit website or dial number].

2.    Balance Inquiry.  For balance inquiry, visit https://acfp.com/rewards-gift-cards/. You may also inquire regarding your balance at any Anthony’s Coal Fired Pizza restaurant. The balance you receive when inquiring 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.

3.    Expiration; Fees; Deactivation.  Cards do not expire. No fees for inactivity or service fees apply. Issuer reserves the right to refuse to honor any Card in the event of a disputed credit card charge, bounced check or other failure of consideration.

4.    Redemption.  Cards are redeemable only for purchases of food and beverages at any Anthony’s Coal Fired Pizza location. Cards are not debit or credit cards. Cards have no cash value and may not be redeemed for cash (except as required by law). Cards have no value until activated. Cards are not redeemable toward to purchase another Card or toward previously purchased food or beverages.

5.    Reloadable.  Cards may be reloaded with value.

6.    No Refunds.  No refunds are permitted with respect to Cards.  All sales of Cards are final.

7.    Lost, Damaged Or Stolen Card.  Issuer is not responsible for for lost, stolen, or damaged cards or any unauthorized use and the value of any lost, damaged or stolen Cards will not be replaced or replenished.

8.    Resale Prohibited.  You may not sell a Card or otherwise barter for its exchange.  However, you may transfer a Card to another person for no monetary consideration (e.g., as a gift).

9.    Maximum Value.  You may not purchase or obtain more than $10,000 in Card value in any one day regardless of restaurant, whether on a single Card or multiple Cards.  Moreover, you may not associate more than $1,000 with a single Card in any one day, either through purchase or reloading (or a combination of both).

10.    MANDATORY BINDING INDIVIDUAL ARBITRATION.  Please read this section carefully. It affects legal rights that you may otherwise have and requires individual final and binding arbitration of most disputes instead of resolution in court.

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.” Arbitration provides for more limited discovery than in court, is subject to limited review by courts, and the result is confidential. Each party has an opportunity to present evidence to the arbitrator in writing or through witnesses. An arbitrator can only award the same damages and relief that a court can award under the law and must honor the terms and conditions in this Agreement.

A.    ARBITRATION AGREEMENT, CLASS ACTION WAIVER, PUNITIVE DAMAGES WAIVER

You and Issuer agree that any dispute, whether at law or equity, arising out of or relating to this Agreement or your use of the Card, including the determination of the scope or applicability of this agreement to arbitrate, regardless of the date of accrual of such dispute, shall be resolved in its entirety by individual (not classwide or collective) binding arbitration, except that you or Issuer may take claims to small claims court if they qualify for hearing by such a court. You also agree that this arbitration agreement, Paragraph 10, shall apply to any dispute with other parties arising out of or relating to this Agreement or use of the Card, including the determination of the scope or applicability of this agreement to arbitrate, regardless of the date of accrual of such dispute, except that you or any such third parties may take claims to small court if they qualify for hearing by such a court.

You and Issuer agree that EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING and THAT any arbitration under this Agreement will take place on an individual basis and that class, mass, consolidated or combined actions or arbitrations or proceedings as a private attorney general are not permitted.

YOU AND ISSUER AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY.

This agreement to arbitrate extends to claims that you assert against other parties, including without limit claims against the ACFP Companies.

The Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.

This agreement to arbitrate shall survive termination of this Agreement. Notwithstanding anything to the contrary, if any part of this agreement to arbitrate is deemed invalid or inapplicable, the remainder of the agreement to arbitrate shall still be considered valid and enforceable. If any part of this agreement to arbitrate is deemed invalid or inapplicable, you and Issuer both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class, mass, consolidated, or combined basis.

B.    ARBITRATION PROCEDURES
Arbitration shall be conducted by JAMS in accordance with its Streamlined Arbitration Rules and Procedures, including the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness, (the “JAMS Rules”).  The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267.  To begin an arbitration proceeding, you must serve Issuer’s registered agent for service of process, Anthony Bruno c/o Anthony’s Pizza Holding Company, 200 West Cypress Creek Road, Suite 220, Fort Lauderdale, FL  33309, United States.

Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and Issuer will pay all other administrative costs and fees.  In addition, for claims of less than $1,000, Issuer will reimburse you for the $25 fee if the arbitrator rules in your favor.  Reasonable attorneys’ fees and expenses will be awarded only to the extent such allocation or award is available under applicable law.

Any arbitration will take place in or near the county where claimant resides and will be determined by a single arbitrator; provided, however, that upon request by either party, the arbitration shall be conducted via telephone to the extent permitted by the JAMS Rules.  Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

The arbitrator shall not award relief in excess of what is allowed by applicable law and the Agreement. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator shall not have the power to commit errors of law or legal reasoning, and the parties agree that any declaratory or injunctive award may be vacated or corrected on appeal by either party to a court of competent jurisdiction for any such error. Each party will bear its own costs and fees on any such appeal..

Judgment on the award may be entered in any court of competent jurisdiction.

11.    Limitation of Liability.  ISSUER AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO CARDS INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.

12.    Unclaimed Property.  In the event you do not use your Card for a certain period of time, Issuer may be required to turn over the remaining Card balance to a state under such state’s unclaimed or abandoned property law. Although your Card does not expire, if Issuer is obligated to turn over the remaining balance of your Card under a state’s unclaimed property law, by operation of law Issuer will be released from any further liability or obligation with respect to your Card and you may be required to contact the state’s unclaimed property administrator to attempt to recover your unused Card balance. To protect your right to continue to use your remaining Card balance at Anthony’s Coal Fired Pizza locations, Issuer will make reasonable efforts to exempt your Card from state unclaimed property laws.

13.    Governing Law.  The laws of the State of Florida, without regard to principles of conflict of laws, shall govern this Agreement and use of your Card. If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

14.    Changes to Agreement.  Issuer reserves the right to change this Agreement from time to time in its discretion, which changes we may provide to you by any reasonable means, including without limitation, by posting the revised version of this Agreement at https://acfp.com/ (“Updated Terms”). Your use of a Card after Issuer and/or the ACFP Companies have posted the Updated Terms constitutes your agreement to the Updated Terms. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms and will apply to your use of a Card from that point forward.

15.    Fraud/Violation of Terms.  Issuer reserves the right to refuse to honor, or to suspend or deactivate a Card where Issuer suspects that the Card was obtained fraudulently, in violation of this Agreement, or in violation of applicable laws or other applicable Anthony’s Coal Fired Pizza terms and conditions.

16.    Loyalty/Comp Cards.  These terms do not apply to any ACFP Loyalty or Comp Cards, unless otherwise provided. Such cards are subject to separate terms and conditions. Please refer to the applicable terms contained on the Loyalty or Comp Cards for further information.