Wilson Family of Brands Gift Card Terms and Conditions
“Gift Card Terms”
These Gift Card Terms apply to “Wilson.com”, “Slugger.com”, “ATECSports.com”, “EvoShield.com”, and “Luxilon.com” (collectively, the “Wilson Online Stores”), which are operated by Wilson Sporting Goods Co. (“Wilson”).
Wilson Online Store Gift Cards are issued and managed by Givex USA Corporation, Delaware corporation, and may only be applied to purchases in the United States completed at the Wilson Online Stores.
Please read these Gift Card Terms carefully before using a Gift Card. By using a Gift Card, you and your designated recipient, if any, agree to these Gift Card Terms and any applicable law. Do not use a Gift Card if you do not agree with these Gift Card Terms.
Wilson reserves the right to alter or modify these Gift Card Terms at any time. You agree to periodically review the Gift Card Terms and agree that your continued use of any Gift Card constitutes your consent to the latest modified Gift Card Terms.
Last Updated: [11/18/2019]
1. Gift Card Balance.
For purposes of these Gift Card Terms, and subject to the provisions herein, a “Gift Card” shall mean an electronic payment device that, when issued, applies a specified amount of funds for use towards (i) your Wilson Online Store account balance, or (ii) if you do not have a registered Wilson Online Store account, purchases on the Wilson Online Stores. Your “Wilson Balance” is the initial amount of your Gift Card less any purchases made using such Gift Card.
Purchases are deducted from your Wilson Balance. If a purchase exceeds your Wilson Balance, the remaining amount must be paid with another payment method.
- Wilson Online Store Account.
If you have a registered Wilson Online Store account, your Wilson Balance displays the total remaining balance of all Gift Cards that have been applied to your Wilson Online Store account but not yet applied to a purchase. To view your Wilson Balance, visit My Account Summary at the Wilson Online Stores.
- Guest Account.
If you do not have a registered Wilson Online Store account, your Wilson Balance displays the total remaining balance of all Gift Cards associated with the purchaser’s email or the designated recipient’s email address. To view your Wilson Balance, follow the instructions provided in the receipt for the Gift Card.
Gift Cards cannot be (i) redeemed for cash (except as required by law), (ii) resold, (iii) used for payment other than on the Wilson Online Stores, (iv) used for shipment outside of the United States, (v) used for unauthorized advertising, marketing, sweepstakes, promotional, or commercial purposes, including to facilitate the resale or shipment of goods from the Wilson Online Stores, or (vi) transferred for value.
3. Risk of Loss.
Wilson is not responsible for any lost or stolen Gift Cards. The risk of loss for Gift Cards passes to the purchaser upon the electronic transmission of the Gift Card to the purchaser or designated recipient, whichever is applicable. Gift Cards may only be obtained from Wilson, and you are responsible for safeguarding your Gift Card and Wilson Balance from unauthorized use. Wilson is not responsible if any Gift Card is used without your permission. Wilson assumes no liability for any unlawful conduct or fraud by any third party associated with any Gift Card.
4. Use in Violation of these Gift Card Terms
By using a Gift Card, you agree to comply with these terms and conditions, and not to use a Gift Card in any manner that is misleading, deceptive, unfair, or otherwise harmful to Wilson, its affiliates, or its customers. Wilson reserves the right, without notice to you, to void Gift Cards (including your Wilson Balance) without refund, suspend or terminate customer accounts, suspect or terminate the ability to use the Wilson Online Stores, cancel or limit orders, and bill alternative forms of payment if Wilson suspects that a Gift Card is obtained, used, or applied to a Wilson Online Store account (or your Wilson Balance is applied to a purchase) fraudulently, unlawfully, or otherwise in violation of these terms and conditions.
5. Limitation of Liability.
TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, WILSON MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS OR YOUR WILSON BALANCE, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULL EXTENT PERMITTED BY LAW, IN THE EVENT A GIFT CARD IS NOT FUNCTIONAL, YOUR SOLE REMEDY, AND WILSON’S SOLE LIABILITY, WILL BE THE REIMBURSEMENT OF THAT GIFT CARD FOR THE SAME AMOUNT FOR WHICH YOU PURCHASED IT.
To the greatest extent permitted by applicable law, the filing fees to begin and carry out arbitration will be shared between you and Wilson, but in no event will your fees ever exceed the amount allowable by the American Arbitration Association, at which point Wilson will cover all additional administrative fees and expenses. Wilson waives its right to recover attorneys’ fees in connection with any arbitration under these Gift Card Terms. If you are the prevailing party in an arbitration to which the Supplementary Procedures for Consumer-Related Disputes applies, then you are entitled to recover attorneys’ fees as the arbitrator may determine.
The dispute will be governed by the laws of the State of Illinois, USA. The place of arbitration will be Cook County, Illinois, or your county of residence (if in the United States). The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The arbitrator will not award consequential damages, and any award will be limited to monetary damages and will include no equitable relief, injunction, or direction to any party other than the direction to pay a monetary amount. Judgment on the award rendered by the arbitrator will be binding and final, except for any right of appeal provided by the Federal Arbitration Act and may be entered in any court having jurisdiction. Except as may be required by law, neither you nor Wilson nor an arbitrator may disclose the existence, content, or results of any arbitration under this warranty without the prior written consent of you and Wilson.
TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE, WHETHER IN ARBITRATION, IN COURT, OR OTHERWISE, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. WILSON AND YOU AGREE THAT NO PARTY WILL HAVE THE RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED AS A CLASS ACTION, A PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING.
These Gift Card Terms constitute the entire agreement between you and Wilson with respect to your use of the Gift Cards and supersedes all prior agreements or communications. If any provision of these Gift Card Terms is found to be invalid by any court, the invalidity of such provision shall not affect the validity of the remaining provisions of these Gift Card Terms. You agree that any notice, agreement, disclosure or other communication that Wilson sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. Wilson’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Wilson may assign its rights and duties under this Agreement to any party at any time without notice to you.
8. Balance Expiration.
To the extent prohibited or limited by applicable law, the portion of your Wilson Balance made up of Gift Card(s) does not expire.