Last Revised: January 6, 2023

THESE GIFTING PRODUCT TERMS ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 8 BELOW.

In addition to and without limiting the rights and obligations set forth in Prizeout's Terms of Use ("Terms of Use") and Prizeout's Privacy Policy (collectively, the "Agreement"), these Gifting Product Terms of Use ("Gifting Product Terms") are between Prizeout Corp. ("Prizeout", "us", "we") and the purchaser, recipient, or redeemer of a Prizeout Gifting Product (defined below) ("you"). These Gifting Product Terms govern your purchase, receipt, and redemption of Prizeout gifted purchasing opportunities ("Prizeout Gifts") and your purchase and receipt of Merchant Gift Cards as a gift for others ("Merchant Gift Cards"). Prizeout Gifts and Merchant Gift Cards shall be referred to individually, or together as "Gifting Products". These Gifting Product Terms constitute a legal agreement between you and Prizeout. All capitalized terms not defined in these Gifting Product Terms shall have the meanings given in the Terms of Use. In the event of any conflict or inconsistency between these Gifting Product Terms and the Agreement, these Gifting Product Terms shall prevail.

1. PURCHASING GIFT CARDS

   All Gifting Product purchases are subject to Section 5 ("Limitations") below.

   You may purchase Gifting Products directly for a recipient. When you purchase a Gifting Product, we notify the person you have designated as the recipient of the Gifting Product. Learn more about how we use, disclose, and protect personal information you provide to us about yourself or the recipient here.

   Prizeout is not responsible for Gifting Products that are undeliverable or not received due to failure to enter an accurate email address for the recipient. By purchasing a Gifting Product, you agree to any applicable terms or policies of our Partners through whom you access the Prizeout Services and you represent and warrant that your use of the Prizeout Services will not conflict with or violate any provision of such terms or policies.

2. REDEEMING PRIZEOUT GIFTS

   Prizeout Gifts cannot be reloaded, resold, transferred for value, used for payment outside of the Prizeout Services, used for unauthorized advertising, marketing, sweepstakes, promotional or commercial purposes, redeemed for more than face value plus any specified bonus amounts or discounts, returned for cash, or redeemed for cash, except to the extent required by applicable law.

   Prizeout Gifts may only be redeemed via the Services toward the purchase of eligible Merchant Gift Cards and are not redeemable outside of the United States, or in any United States locations where Prizeout is not available.

   Once a Prizeout Gift is purchased, the recipient has 30 days to redeem the Prizeout Card. To redeem a Prizeout Gift, recipient must accept the Prizeout Gift and navigate to the Prizeout Services. A recipient must redeem the entire value of the Prizeout Gift for one Merchant Gift Card of equal value. An attempt to partially redeem the Prizeout Gift will be rejected. Prizeout Gifts may only be redeemed for Merchant Gift Cards in the same currency that the Prizeout Gift was arranged. Upon your redemption of a Prizeout Gift, Prizeout will email you a Merchant Gift Card code that they can use to obtain the Merchant Gift Card.

   Except to the extent required by applicable law, Prizeout Gifts are not redeemable for cash. Resale of Prizeout Gifts is prohibited. Prizeout will not assess a service fee or dormancy fee with respect to a Prizeout Gift and Prizeout Gifts do not expire. A purchaser cannot request a refund of a Prizeout Gift. However, if a Prizeout Gift is not redeemed within 30 days, the underlying transaction will be cancelled, the purchaser will automatically be refunded the full purchase price, and the Prizeout Gift cannot be redeemed. Refunds may take time to process. Merchant Gift Card codes and Merchant Gift Cards obtained upon redemption of a Prizeout Gift are subject to Section 4 ("Merchant Gift Cards") below.

   You acknowledge that we may suspend or prohibit use of a Prizeout Gift if the Prizeout Gift code has been reported lost or stolen, or if we believe the Prizeout Gift balance is being used suspiciously, fraudulently, or in an otherwise unauthorized manner. If the Prizeout Gift code stops working, your only remedy is for us to issue you a replacement Prizeout Gift code. By receiving or obtaining a Prizeout Gift, you represent and warrant to Prizeout that your use of the Prizeout Gift will comply with these Gifting Product Terms, our Terms of Use, and all applicable laws, rules and regulations, and the Prizeout Gift will not be used in any manner that is misleading, deceptive, unfair or otherwise harmful to consumers.

3. REDEEMING MERCHANT GIFT CARDS

   You acknowledge and agree that the applicable third party, not Prizeout, is the issuer of the Merchant Cards and is solely responsible for honoring the Merchant Gift Cards and that Prizeout acts only as a seller of the Merchant Gift Cards. A Merchant Gift Card code and Merchant Gift Card obtained as a Gifting Product is subject to Section 4 ("Merchant Gift Cards") below.

4. MERCHANT GIFT CARDS

   Merchant Gift Cards, and the use thereof, are governed by the applicable terms and conditions. Please consult the Merchant Gift Card for additional information, including information regarding how to obtain a copy of the Merchant Gift Card's terms and conditions from the applicable merchant. We reserve the right to correct any errors, inaccuracies or omissions (including after a Merchant Gift Card order has been submitted) and to change or update information at any time without prior notice. You acknowledge that Prizeout does not make any warranties with respect to the Merchant Gift Card balance and is not responsible for any unauthorized access to, or alteration, theft, or destruction of a Merchant Gift Card code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit use of the Merchant Gift Card if the Merchant Gift Card code has been reported lost or stolen, or if we believe the Merchant Gift Card balance is being used suspiciously, fraudulently, or in an otherwise unauthorized manner. If the Merchant Gift Card code stops working, your only remedy is for us to issue you a replacement Merchant Gift Card code. By receiving or obtaining a Merchant Gift Card, you represent and warrant to Prizeout that your use of the Merchant Gift Card will comply with these Gifting Product Terms, our Terms of Use, and all applicable laws, rules and regulations, and the Merchant Gift Card will not be used in any manner that is misleading, deceptive, unfair or otherwise harmful to consumers. Merchant Gift Cards cannot be used to purchase other gift cards, reloaded, resold, used for unauthorized marketing, sweepstakes, advertising, or other promotional purposes, redeemed for more than face value plus any specified bonus amounts, transferred for value, redeemed for cash, or returned for a cash refund (except to the extent required by law). Merchant Gift Cards do not expire, and Prizeout will not assess a service fee or dormancy fee with respect to a Merchant Gift Card. We reserve, on behalf of the applicable users, persons, or entities, the right to make a change to or refuse any Merchant Gift Card redemption. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting you at the email address provided. All issuances of Merchant Gift Cards are final, and are not eligible for return, refund or exchange.

5. LIMITATIONS

   Prizeout places limits on the aggregate amount and value of Gifting Products and Gift Cards you may purchase in any one given day and in any one given transaction. Currently, you may not purchase more than $10,000 worth of combined Gifting Products and Gift Cards in any one day, and you may not purchase any Gift Cards (including Gifting Product) worth more than $2,000 in any one transaction. Prizeout may update these limits from time to time in its sole discretion. Additional limitations may apply.

6. RISK OF LOSS

   The risk of loss and title for Gifting Products pass to the purchaser upon our electronic transmission of the Gifting Product to the purchaser or designated recipient at the contact information provided, whichever is applicable. We are not responsible if any Gifting Product is lost, stolen, destroyed or used without your permission. We are not responsible for any loss if purchaser provides any incorrect recipient contact information. We are not responsible if the recipient shares, sends on, forwards, or further transfers the Gifting Product or Gift Card to a third party and the Gifting Product or Gift Card is redeemed or used by someone other than the recipient.

7. LIMITATION OF LIABILITY

   IN ADDITION TO THE “DISCLAIMERS AN LIMITATION OF LIABILITY” SECTION IN THE TERMS OF USE, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFTING PRODUCTS OR WITH RESPECT TO YOUR GIFT CARD BALANCE, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF ABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFTING PRODUCT IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF SUCH GIFTING PRODUCT. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES 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, AND YOU MAY HAVE ADDITIONAL RIGHTS.

8. DISPUTES

   Any dispute or claim relating in any way to Gifting Products will be resolved in accordance with the “ARBITRATION AND CLASS ACTION WAIVER” section set forth in the Prizeout Terms of Use.

9. GENERAL TERMS

   You agree that our Third Party Service Providers may rely upon any provisions in these Gifting Product Terms relating to intellectual property, disclaimer of warranties, limitation of liability, and indemnification, and that the Third Party Service Providers are, for purposes of such provisions, third party beneficiaries of these Gifting Product Terms, with the power to enforce such provisions as applicable.

   When you purchase, receive, or redeem a Prizeout Gift, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Gifting Product Terms. We reserve the right to require additional verification of your identity, Gifting Product, or account ownership, or provision of an additional payment instrument, before you are able to claim or use a Gifting Product.

   We may modify these Gifting Product Terms from time to time in which case we will update the “Last Revised” date at the top of these Gifting Product Terms. You waive any right you may have to receive specific notice of such changes or modifications, except as required by law. However, it is your sole responsibility to review these Gifting Product Terms and our other terms and policies from time to time to view any changes. The updated Gifting Product Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your purchase, redemption, or use of any Gifting Product, or continued access or use of the Services after the modifications have become effective constitutes your acceptance of the modified Gifting Product Terms.

   If any term of these Gifting Product Terms is deemed to be invalid, void or for any reason unenforceable, such term shall be deemed severable and will not affect the validity and enforceability of any remaining terms of these Gifting Product Terms. All terms and conditions are applicable to the extent permitted by law.