YETI AMENDED AND RESTATED GIFT CARD TERMS & CONDITIONS
The YETI Card is issued by YETI Coolers, LLC, a Delaware limited liability company ("YETI"). YETI is the YETI Card issuer and sole obligor to any YETI Card owner. YETI may delegate its issuer obligations to an assignee, without recourse. If delegated, the assignee, and not YETI, will be the sole obligor to a YETI Card owner.
The YETI Card comes in two forms: (i) a physical “Gift Card”; and (ii) an electronically-transmitted “E-Gift Card”. In this Agreement, the term “YETI Card” refers to both the Gift Card and the E-Gift Card.
PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION ABOUT LIMITATIONS OF LIABILITY, RESOLUTION OF DISPUTES THROUGH ARBITRATION, AND CLASS ACTIONS WAIVERS.
About Your YETI Card
Purchasing a YETI Card
YETI Cards are only valid if purchased online at YETI.com. YETI Cards are not valid and will not be honored, and YETI will not be liable, if purchased from unauthorized sellers or resellers, including through online auction sites.
Use of YETI Cards
YETI Cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising, or other promotional activity without YETI’s prior written approval. The YETI Card is usable up to its balance only to purchase goods online at YETI.com.
You must have your YETI Card number and PIN available to apply your YETI Card to your purchase. The YETI Card may not be used to buy additional YETI Cards, and is not redeemable for cash except as required by law. The YETI Card also may not be resold without the prior consent of YETI. The YETI Card is not a credit or debit card, and no credit card, overdraft protection, deposit account, or depository insurance is associated with it. The YETI Card is not eligible for use with products from YETI Custom Shop.
The YETI Card is available in U.S. Dollars (“USD”).
The YETI Card prepaid dollar value balance expires at 11:59 p.m. CT on 12/31/20 (the “Expiration Date”). Your YETI Card will automatically be canceled and you will not be able to use your YETI Card following the Expiration Date.
YETI does not charge any fees in connection with use of the YETI Card.
You can check the balance on a YETI Card online at YETI.com up through the Expiration Date.
Your YETI Card has a Card Number and a Personal Identification Number (“PIN”) associated with it. On physical YETI Gift Cards, the PIN can be found by gently removing the silver box on the back of the Card. For YETI E-Gift Cards, the PIN will be contained in the email in which the YETI E-Gift Card is delivered. The PIN is used to help identify you when checking account information online or when talking by telephone with customer service representatives.
The maximum dollar value that can be associated with any one YETI Card at any given time is $2,000.00. No single individual may purchase YETI Cards with a total value of more than $10,000.00 on any calendar day.
Unauthorized Transactions / Replacement of Lost, Stolen, or Damaged Cards
You are responsible for all transactions associated with your YETI Card, whether authorized or unauthorized. You should, therefore, safeguard your YETI Card. Lost, stolen or damaged Cards will not be canceled and replaced without all required proof of purchase.
If you have proof of purchase of a YETI Card and it is subsequently lost, stolen, damaged, or otherwise rendered non-functional, or if you believe that someone has copied your YETI Card, contact YETI at YETI.com/contact-us or call 1-512-394-9384. YETI customer service will provide instructions for submitting proof of purchase of your Card. We will respond to the request within 7-10 business days thereafter.
YETI Cards which have been lost, stolen, damaged, or otherwise rendered non-functional will be replaced or refunded, as determined by YETI in its sole discretion, only if all required proof of purchase is provided. Any redeemed funds will not be replaced, regardless of whether the purchase was authorized or unauthorized by the gift card holder.
We reserve the right to refuse to accept or otherwise limit the use of any YETI Card if we reasonably believe the use is unauthorized or unlawful.
Resolution of Disputes; Class Action Waiver.
PLEASE READ THESE SECTIONS CAREFULLY. THEY AFFECT YOUR LEGAL RIGHTS.
Pre-Arbitration Claim Resolution
For all disputes, you must first give YETI an opportunity to resolve the dispute by emailing or writing us at YETI.com/contact-us or 7601 Southwest Parkway, Austin, TX 78735 Attn: Legal and provide the following information: (i) your name; (ii) your address; (iii) a written description of your claim; and (iv) a description of the specific relief you seek. If YETI does not resolve your dispute within sixty (60) days after receiving notice of your dispute, then you may pursue your dispute in arbitration. You may pursue your dispute in a court only under the circumstances described below.
Arbitration Rights / Class Action and Jury Trial Waiver
Any claim, controversy, or dispute arising out of or relating to your use of the YETI Card or this Agreement, if unresolved through the informal pre-arbitration procedure, shall be resolved by binding arbitration in accordance with the arbitration procedures set forth below, except that YETI or you may pursue relief in small claims court if the dispute falls within the applicable small claims court’s jurisdiction, and YETI or you may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
You hereby waive the right to pursue any claim arising out of or relating to your use of the YETI Card or this Agreement on a class action, consolidated, representative, or private attorney general basis, whether in arbitration or in court. YETI and you also hereby waive the right to a jury trial.
Note: In some jurisdictions, the law may not permit the foregoing arbitration clause, waiver of class actions, or waiver of jury trial. If those laws are applicable to you, some or all of the foregoing requirements and waivers may not apply to you. In that event, the requirements and waivers shall be applicable to the fullest extent permitted by law.
If any dispute between you and YETI is not resolved under the Pre-Arbitration Claim Resolution Process, either you or YETI may initiate arbitration proceedings. Any arbitration in connection with this Agreement shall be conducted by the American Arbitration Association (the “AAA”), in accordance with its Consumer Arbitration Rules (the “AAA Rules.”). The AAA Rules and information about the arbitration process are available at www.adr.org or by calling 1-800-778-7879.
If you wish to initiate an arbitration proceeding, you must send a demand to the AAA describing your claim with a copy to YETI’s registered agent, The Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington, DE 19801. The AAA’s rules and the form for filing an arbitration claim are available at https://www.adr.org or by calling 1-800-778-7879.
You and YETI agree that this Agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and not governed by state law. The arbitration will take place in the county in which you reside and will be decided by a single arbitrator, unless the YETI and you agree otherwise. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce this Agreement as a court would.
For claims of less than $1,000, YETI will reimburse you for the filing fee within 30 days of receiving a written request from you. Otherwise, the payment of all administrative fees and costs will be governed by the AAA Rules. Reasonable attorneys’ fees and related expenses may be awarded only to the extent permitted under applicable law.
The arbitration award will be subject to limited court review, and judgment on the award may be entered in any court having proper jurisdiction. Any arbitration shall be confidential, and neither you nor YETI may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.
Limitations on Liability and Damages
Limitations of Liability and Damages
YETI makes no warranties, express or implied, with respect to the YETI Card, including but not limited to any implied warranty of merchantability or fitness for a particular purpose. In the event that your Card is lost, stolen, damaged, or otherwise rendered non-functional, your sole remedy, and our sole liability, shall be the replacement of such Card in accordance with the terms set forth above.
You and YETI agree that, on any claim arising out of or relating to your use of a YETI Card or this Agreement, recovery of damages shall be limited to actual and direct damages, and may not include any indirect, special, consequential, enhanced, or punitive damages. You and YETI both hereby waive the right to seek or recover any indirect, special, consequential, enhanced, or punitive damages.
Note: In some jurisdictions, the law does not permit limitations on implied warranties or the limitation or exclusion of certain types of damages. If those laws are applicable to you, some or all of the foregoing limitations and waivers may not apply to you. In that event, the limitations and waivers shall be applicable to the fullest extent permitted by law.
Extension to Related Entities and Persons / Survival
The foregoing arbitration provision, limitations, and waivers are intended to be construed broadly, and shall apply to any and all claims arising out of or relating to your use of the YETI Card or this Agreement, against any entity or person affiliated with YETI, including but not limited to YETI Holdings, Inc., any YETI reseller, and any of their respective directors, officers, employees, or other representatives.
The foregoing arbitration provision, limitations, and waivers shall also survive the termination of this Agreement or your discontinued use of the YETI Cards.
In the event that any part of this Agreement is determined by an arbitrator or court to be invalid or unenforceable, the remainder shall still be given full force and effect, to the fullest extent permitted by law.
This Agreement shall otherwise be governed by and construed in accordance with the substantive laws of the State of Texas, without reference to any rules regarding conflicts of law.
Effective Date / Changes to Terms and Conditions
The YETI Card Terms and Conditions were amended and restated on October 30, 2020, and this Agreement is effective upon publication on this website. You should not use your YETI Card if you object to this Agreement. Use of the YETI Card constitutes acceptance of this Agreement.
YETI reserves the right to modify or terminate the YETI Card Terms and Conditions at any time, by posting notice of such modifications on this website.