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NGC US, LLC. REDEMPTION TERMS |
These Redemption Terms (“Redemption Terms”) apply to all redemptions at the site
https://new.ngcrewards.com and all other NGC US, LLC. redemption websites.
Definitions
The Purchaser means the person, firm, company or other organization who or which has ordered
Products and/or Services from NGC, or redeemed Cards through NGC;
Transaction means any sale, purchase, and/or redemption of Products and/or Services between
NGC and the Purchaser;
Cards means prepaid gift cards issued in the form of gift cards, gift certificates, e-codes,
and/or virtual certificates;
NGC’s Services means all advice given and services performed by NGC;
Holiday Season is designated as the time period starting at 12:00 a.m. CST, October 15 and
ending 11:59 p.m. CST January 15;
Site, as used herein, shall mean the site https://new.ngcrewards.com/ and all other NGC US, LLC. redemption websites
Additional Terms and Conditions
Additional terms and conditions apply to redemptions of Cards at the Site ("Terms"), and these
additional Terms are located at: https://new.ngcrewards.com. Purchaser agrees to abide by such
other terms and conditions as applicable. If there is a conflict between these Redemption Terms
and the Terms, these Redemption Terms shall control with respect to a redemption or use of Cards
and Services.
PURCHASER ACKNOWLEDGES AND AGREES THAT ALL CARDS SHALL ALSO BE PROVIDED TO PURCHASER SUBJECT TO
NGC’S CARD VENDOR’S STANDARD CARDHOLDER TERMS AND CONDITIONS. PURCHASER IS SUBJECT TO THE
LIMITATIONS AND RULES OF THE VENDOR CARDS SELECTED BY PURCHASER, AND NGC IS NOT RESPONSIBLE FOR
ANY SUCH ADDITIONAL RESTRICTIONS OR TERMS AND CONDITIONS OF ANY CARDS.
FOR MORE INFORMATION ABOUT SPECIFIC CARD VENDOR’S TERMS AND CONDITIONS, WHICH ARE INCORPORATED
HEREIN BY REFERENCE, PLEASE VISIT:
http://www.ngc-group.com/all_brands.
Hours of Operation
The NGC Customer Service Team is generally available to assist you Monday through Friday, 8:30am
to 5:00pm, Central Standard Time, excluding U.S. Federal holidays ("Regular Business
Hours").
If you have a question about a product we offer or would like assistance with a redemption, our
knowledgeable customer service staff is available by calling 1.888.472.8747 (toll free) during
our Regular Business Hours. You may also send an email to customerservice@ngc-group.com. Upon
receipt of your email, NGC will send an auto-reply email to confirm receipt, followed by a
response from a customer service representative, typically within 24 Regular Business Hours of
the auto-reply email.
No Guarantee of Cards
NGC is not responsible for Card vendors that are no longer in business and is not responsible
for the actions or products of any Card vendor. NGC reserves the right to immediately
discontinue supplying Purchaser Cards and cancel Purchaser orders when an NGC Card vendor: (a)
discontinues a gift card program; (b) discontinues or is unable to do business with NGC for any
reason; (c) files a petition in bankruptcy, for a reorganization, or for the appointment of a
receiver or trustee, or makes an assignment or petitions for or enters into an arrangement for
the benefit of its creditors; or (d) if a petition in bankruptcy is filed against vendor. NGC
will timely notify Purchaser in the event of cancellation to arrange refund or replacement
orders.
STATE RESTRICTIONS; VOID WHERE PROHIBITED
Based on recent Card-related legislative action by certain states, certain Cards will no longer
be sold or delivered to individuals or businesses in the following states, or anywhere else
prohibited by law: New Jersey. NGC has procedures in place designed to stop Card orders to
prohibited States. NGC may also cancel such orders mistakenly placed without liability.
Orders
NGC will process the orders on a daily basis during Regular Business Hours. All orders must be
received by 12:00pm CST. Orders received after 12:00pm CST may not be processed until the next
business day.
NGC has three business days to ship redemption orders. During the Holiday Season, NGC has four
business days to ship redemption orders.
Purchaser is responsible for the validation of all addresses prior to order submission. NGC is
not responsible for Cards that are undeliverable or not received due to the Purchaser's failure
to enter accurate delivery information, including physical and email addresses, or after 30 days
have passed since NGC shipped the Card(s).
Lawful Use; Resale or Export
Purchaser represents and warrants to NGC that is the rightful holder of a validly issued
redemption code. Purchaser shall redeem Cards for lawful uses only. NGC reserves the right to
refuse or cancel your order if NGC suspects you are purchasing for unauthorized resale or
export, or if NGC suspects any fraudulent, illegal, unfair, deceptive, or unethical conduct
whatsoever. Additional terms for resale or export may apply.
Advertising Restrictions
Without limiting the generality of the foregoing, no Purchaser advertising may be used by
Purchaser concerning or referring to NGC or its affiliates that will infringe upon, abridge,
jeopardize or undermine any copyright, trademark, service mark, logo or other intellectual
property right or goodwill of NGC or its affiliates. Purchaser is responsible for and agrees to
defend, indemnify and hold harmless NGC from any liability arising from Purchaser’s failure to
comply with advertising restrictions set forth herein.
Processing
Shipment dates on your order are based on product availability, payment processing time, and
warehouse processing time and do not include transit time. NGC will begin processing orders
placed outside of Regular Business Hours, and after 12:00PM CST, on the next business day.
NGC reserves the right to change prices for products displayed on-line at any time to correct
pricing errors. NGC is not responsible for typographical errors. NGC reserves the right to
cancel any order you have placed if there was a typographical error on the Site or affiliated
sites concerning the pricing or availability of any item you ordered when you placed the
order.
Sales Tax
Purchasers are responsible for any and all federal, state, and local taxes, imports, or other
duties or import fees arising out of the sale of the products or services through the Site.
Shipping
It may take up to 3 business days for Cards to ship from our facility, and up to 4 business days
during the Holiday Season. Unless otherwise arranged, NGC will ship orders UPS 1st class
mail.
ALL ORDERS SHIPPED OUTSIDE OF THE UNITED STATES ARE SUBJECT TO ALL NATIONAL, FEDERAL, STATE OR
LOCAL TAXES, DUTIES OR OTHER IMPORT FEES THE COUNTRY OF DELIVERY DEEMS LEGAL AND REQUIRED. AT
THIS TIME, NGC DOES NOT COLLECT ANY OF THESE FEES DURING THE CHECKOUT PROCESS AND THE CUSTOMER
IS SOLELY RESPONSIBLE FOR ANY OF THESE ADDITIONAL FEES ASSESSED BY THE COUNTRY OF
IMPORT.
Lost/Stolen Cards
Responsibility for the Cards is with NGC until the Cards are shipped (or electronically sent) to
Purchaser’s designated address or addresses, at which point the responsibility of the Cards
transfers from NGC to Purchaser. NGC is not responsible for lost and stolen Cards. NGC
responsibility ends when Cards are shipped or electronically sent. If a shipment is lost by
carrier or Customer; Cards will not be replaced. If prepaid Card serial numbers are logged, NGC
will make an attempt to block and replace Cards for a $2.50 fee per Card after review and
investigation of the current Card balance. E-codes cannot be blocked or replaced. Lost shipments
must be reported to NGC within 30 days of shipment. Customer Service Representatives can be
reached during our Regular Business Hours by calling 1.888.472.8747 (toll free).
Return Policy
Make your Card selections carefully. ALL TRANSACTIONS ARE FINAL.
Incomplete or Damaged Shipments
If you receive a shipment that is incomplete, incorrect, or physically damaged due to no fault
of Purchaser, this must be reported to NGC within 72 hours of shipment receipt. Customer Service
Representatives can be reached during our Regular Business Hours by calling 1.888.472.8747 (toll
free). NGC’s sole obligation shall be to allow the exchange of incomplete, incorrect, or
physically damaged orders within 30 calendar days from the original shipment date.
Force Majeure
NGC shall not be liable for any losses, damages, or costs resulting from a delay caused by
circumstances beyond NGC's control, including, but not limited to, acts of God, floods, acts of
war or terrorism, strikes, material or labor shortages, accidents and other disasters, riots or
insurrections, embargoes, equipment failure, or other related delays in transportation.
Regulatory Compliance
If any legislative or regulatory authority, including the Federal Communications Commission,
state public service commissions, or other authority having jurisdiction over any of the Cards
and Services provided hereunder (a) determines, at any time, that the distribution of any of the
Cards or Services hereunder, or any other programs or Services provided by NGC, are unlawful, or
(b) changes any regulation or law which materially affects the Cards, programs and Services
distributed or provided by NGC (collectively, a “Regulatory Determination”), then NGC shall have
the right to modify the affected Cards, program or Service as NGC determines may be necessary to
overcome or respond to such Regulatory Determination. If any such Regulatory Determination
cannot be overcome or resolved, NGC may cancel your order without liability.
Warranties
NGC agrees to assign to Purchaser all retailer warranties with respect to Cards to the full
extent permitted by such warranties. If any such retailer warranty may not be assigned by its
terms, then NGC shall use commercially reasonable efforts to cause Purchaser to obtain the
benefits of such warranty.
NGC DISCLAIMS ANY AND ALL OTHER WARRANTIES IN CONNECTION WITH CARDS AND SERVICES, WHETHER
EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, DURABILITY AND NON-INFRINGEMENT. ALL CARDS AND SERVICES ARE PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS.
Disclaimers & Limitations
IF NGC CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES, THEN TO THE EXTENT PERMITTED BY
LAW, ALL SUCH WARRANTIES SHALL BE LIMITED TO REPAIR OR REPLACEMENT SERVICE AS DETERMINED BY NGC
IN ITS SOLE DISCRETION.
EXCEPT AS SPECIFICALLY PROVIDED OTHERWISE, AND TO THE EXTENT PERMITTED BY LAW, NGC IS NOT
RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH
OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF
USE; LOSS OF REVENUE; LOSS OF PROFITS; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF
OPPORTUNITY; LOSS OF GOODWILL; DAMAGE TO OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL
LOSS OR DAMAGE HOWSOEVER CAUSED.
Indemnification
The Purchaser shall indemnify, defend, and hold harmless NGC, its employees, agents, successors,
officers, managers, members and assigns (Indemnitees), from any law suits, losses, claims,
demands, liabilities, costs and expenses (including attorney and accounting fees) that the
Indemnitees may sustain or incur arising from (a) the Purchaser's failure to comply with any
applicable laws and regulations, or (b) the Purchaser's breach of any of its obligations set
forth in these Terms and Redemption Terms, or in the instructions for use and care of the Cards
and Card vendor Terms & Conditions. Purchaser shall not settle any such claim, suit or
proceeding without the written consent from NGC, which shall not be unreasonably withheld.
Changes
Redemption Terms are subject to changes by NGC at any time. It is your responsibility to check
periodically for changes. Continued use of the Site following posting of changes means you agree
to the changes. The failure by NGC to enforce at any time any of the provisions in these
Redemption Terms will in no way be construed as a waiver of such provisions. If any provision of
these Terms shall be deemed illegal or unenforceable, such illegality or unenforceability shall
not affect the validity and enforceability of any other legal provisions hereof which together
shall then be construed as if such illegal and unenforceable provision or provisions had not
been inserted herein.
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