Electronic Gift Card Terms and Conditions

TNT Stores, LLC

Important. Please read. These Terms and Conditions contain arbitration provisions that are mandatory and require the use of arbitration to resolve disputes between the Company (as defined later in these Terms and Conditions) and you on an individual basis. This means the Company and you are each giving up the right to sue each other in a class action or in a court. There is no judge or jury in arbitration. There is less discovery in arbitration, and there is no appellate review of the decision in arbitration.

  1. General. These Terms and Conditions govern the acceptance, the purchase, and the use of an electronic gift card (collectively, “Gift Cards” and each, a or the “Gift Card”) from TNT Stores, LLC (“TNT”), an Alabama limited liability company. If you accept, purchase, or use a Gift Card from TNT, you agree to be bound by these Terms and Conditions. These Terms and Conditions shall inure to the benefit of all successors-and-assigns of TNT.
  2. Purchase of Gift Cards. You may only purchase a Gift Card directly from TNT online at shop.tntfireworks.com. Gift Cards are not available for purchase from another party or in-store. The Gift Cards are in electronic form only. No physical card will be issued as the Gift Card. Age restrictions may apply to the purchase of a Gift Card, and a Gift Card cannot be used to purchase another Gift Card.

    You are responsible for providing the correct email address for the intended recipient of a Gift Card. TNT is not responsible for the delivery of a Gift Card to an incorrect but deliverable email address, or to a non-existent email address.

  3. Acceptance of Gift Cards. Gift Cards may only be used for merchandise at TNT Supercenter locations only. A current list of TNT Supercenters can be found online at: https://www.tntfireworks.com/locations/supercenters. Gift Cards cannot be used at chain stores or at temporary stands-or-tents. If a Gift Card does not cover the total amount of the purchase price, you must pay for the remainder of the purchase price with a valid method of payment. If the amount of a Gift Card exceeds the total amount of the purchase price, the balance on the Gift Card will be stored on the Gift Card for future use. It is your responsibility to keep track of the value of the Gift Card. You can keep track of the value of the Gift Card in accordance with Section 15.
  4. Expiration. Gift Cards do not expire.
  5. Liability. The balance of a Gift Card is the exclusive liability of TNT and is not a liability of any affiliate, employee, manager, or member of TNT. TNT’s aggregate and total liability to you relating to a Gift Card or these Terms and Conditions shall not exceed the amount of the Gift Card. TNT shall not be liable to you for any consequential, exemplary, incidental, indirect, punitive, or special damages in connection with the Gift Card or these Terms and Conditions.
  6. Not Reloadable. Gift Cards are not reloadable and are not a credit or debit card.
  7. Redemptions for Goods. Gift Cards are redeemable for or towards purchases of eligible goods from TNT. Gift Cards are not redeemable for services from TNT. Eligible goods are subject to change within the sole and absolute discretion of TNT and without notice to you. Eligible goods will be subject to the laws, ordinances, regulation, and rules of the applicable jurisdiction for a TNT Supercenter. The redemption of a Gift Card for eligible goods from TNT is also subject to the laws, ordinances, regulations, and rules of the applicable jurisdiction for a TNT Supercenter. Age restrictions may apply to the redemption of a Gift Card.
  8. Redemptions for Cash. Gift Cards are only redeemable for cash if required by applicable law. The law may only require a Gift Card be redeemable for cash if the balance is below a certain dollar value, such as in: California, Colorado, Connecticut, Hawaii, Massachusetts, Maine, Missouri, New Jersey, New York, Oregon, Puerto Rico, Rhode Island, Vermont, and Washington.
  9. Refunds. Gift Cards are not refundable.
  10. Returns. Gift Cards are not returnable.
  11. Sales Tax. Sales tax is not charged on the purchase of a Gift Card; however, purchases paid for using a Gift Card will be charged sales tax at the applicable rate.
  12. Compliance. By accepting, purchasing, or using a Gift Card, you agree to be bound by and to comply with these Terms and Conditions. You also represent to TNT that you will comply with all applicable laws, ordinances, regulations, and rules. You will not use a Gift Card in any manner that is deceptive, harmful, illegal, misleading, unfair, or unlawful.
  13. Consolidation. TNT does not combine or consolidate multiple Gift Cards into a single Gift Card. You may not combine or consolidate multiple Gift Cards to purchase a Gift Card.
  14. Customer Service. You may visit tntfireworks.com/contact us for assistance or questions with respect to a Gift Card.
  15. Gift Card Balance. You may check the balance of a Gift Card and the transaction history for a Gift Card by visiting a TNT Supercenter location. The balance is an estimate only since there may be times when an update to the balance of a Gift Card is delayed due to circumstances not within the control of TNT.
  16. Governing Law. The laws of the State of Alabama shall apply to and govern these Terms and Conditions but without regard for the choice of law or conflict of law principles that may result in the application of the laws of another jurisdiction.
  17. Indemnification. You agree to defend, indemnify, and hold TNT harmless, together with each of its affiliates, employees, managers, and members, and each of the foregoing’s directors, employees, officers, and other agents (collectively, the “Company”) from and against any and all causes of action, costs, claims, damages, demands, expenses (including, but not limited to, reasonable attorneys’ fees), fines, injuries, judgments, liabilities, litigation, losses, penalties, and/or settlements (each, a “Claim”) arising out of, relating to, or resulting from:
    1. Your use of a Gift Card;
    2. Your violation of an application law, ordinance, regulation, rule; or
    3. Your violation of these Terms and Conditions.

    You shall not compromise, resolve, or settle a Claim asserted, demanded, or filed against the Company without the prior written consent of the Company, consent which may be conditioned or withheld within the sole and absolute discretion of the Company.

  18. Lost or Stolen Gift Card. TNT does not replace lost or stolen Gift Cards. TNT does not and shall not have any liability to you for a lost or stolen Gift Card.
  19. No Affiliation with TNT. TNT expressly prohibits the use of TNT’s copyrights, trade dress, trademarks, and tradenames in accepting, purchasing, or using Gift Cards. The foregoing prohibition includes, but is not limited to, TNT’s logo and name. A Gift Card may not be used to expressly or impliedly suggest any business, person, product, service, or website is affiliated with, is endorsed by, or is sponsored by TNT. The issuance of a Gift Card does not grant you a license or other right to use the intellectual property of TNT nor the intellectual property of any affiliate of TNT. All intellectual property rights of TNT and its affiliates are reserved.
  20. No Promotional Use. TNT expressly prohibits the use of Gift Cards in any advertisements and in any marketing or promotional activities, including, but not limited to, in any contests, giveaways, or sweepstakes. The foregoing prohibition includes, but is not limited to, any advertisements in print or on the internet, radio, or television.
  21. Prohibited and Unlawful Use. You agree not to purchase, tamper, transfer, or use a Gift Card in any manner that is deceptive, harmful, illegal, misleading, unfair, or unlawful, and you also agree to not use a Gift in any manner that is damaging or that is potentially damaging to the business or reputation of TNT, its affiliates, its customers, its employees, its managers, and/or its members. TNT reserves the right to refuse a Gift Card without notice to you and to take further action, including, but not limited to, forfeiture of the balance on a Gift Card and the revocation or suspension of a Gift Card. If you conduct or engage in activities that are prohibited by applicable law or these Terms and Conditions, TNT may take further action against you, including, but not limited to, seeking criminal prosecution. Activities that are prohibited include, but are not limited to, the following:
    1. Copying a Gift Card, its card number, or PIN without a purchase;
    2. Draining the balance of a Gift Card before the intended recipient or purchaser of the Gift Card can use the available funds;
    3. Exchanging a Gift Card for cash or other form of compensation;
    4. Purchasing a Gift Card from a third-party;
    5. Redeeming a Gift Card if you are not the intended recipient or the purchaser of the Gift Card;
    6. Selling a Gift Card for cash or other form of compensation;
    7. Tampering with a Gift Card or any of its features or functions;
    8. Using a bot (or a collection of bots) or similar technology to check the balance of a Gift Card online or through an Interactive Voice Response (IVR);
    9. Using a Gift Card as a form or method of payment (e.g., as part of salaries or wages, or as another form of renumeration to an employee), or using a Gift Card for a business or commercial purpose;
    10. Using a Gift Card to purchase ineligible goods; and
    11. Using a Gift Card for an illegal, unauthorized, or unlawful purpose.
  22. Unauthorized Use. TNT is not responsible for the unauthorized use of a Gift Card. TNT shall not have any liability to you for the unauthorized use of a Gift Card, including, but not limited to, if you provide the Gift Card to another person, or if you provide the card number or PIN for a Gift Card to another person. You are exclusively responsible for any activity conducted with the Gift Card. You are exclusively responsible for keeping the Gift Card safe and secure.

Please carefully read the following sections as such may significantly affect your legal rights, including, but not limited to, your right to file a lawsuit in court.

Sections 23 through 28 of these Terms and Conditions are collectively referred to as the “Arbitration Agreement.” The Federal Arbitration Act (“FAA”) governs the enforcement and the interpretation of the Arbitration Agreement. If the FAA is found not to apply to all or any part of the Arbitration Agreement, the applicable laws of the State of Alabama shall apply but without regard for choice of law or conflict of law principles that may result in the application of the law of another jurisdiction.

  1. Arbitration Agreement. You agree that all controversies or disputes arising out of, relating to, or resulting from these Terms and Conditions, or the relationship between TNT and you, including, your acceptance, purchase, or use of a Gift Card offered or sold by TNT, whether based in contract, fraud, misrepresentation, statute, tort, or any other legal theory, will be exclusively resolved through binding and final arbitration before an single arbitrator who is neutral instead of in a court by a judge or jury. TNT and you are each waiving the right to sue each other in court and to have a trial by judge or jury.
  2. Class Action and Mass Action Waiver. TNT and you agree that any arbitration required by the Arbitration Agreement will be on an individual basis. TNT and you each agree to waive the right to have any claim, controversy, or dispute subject to the Arbitration Agreement in these Terms and Conditions administered, arbitrated, brought, filed, heard, resolved, or settled as a class action, class arbitration, collective action, or Mass Action to the maximum extent permitted by law. “Mass Action” means a situation in which a party is represented by a law firm or other representative, or a collection of law firms or other representatives, that has initiated more than one hundred (100) arbitration demands with common questions of fact or law against TNT within one hundred and eighty (180) calendar days of initiating your arbitration demand against TNT. Nothing in the foregoing nor these Terms and Conditions precludes or prevents you from brining issues to the attention of federal, state, or local government agencies, and if the applicable law allows, such agencies may seek relief against TNT for you. This Section 24 is referred to as the “Class Action and Mass Action Wavier” in these Terms and Conditions.
  3. Initiating a Demand for Arbitration. Any arbitration subject to the Arbitration Agreement of these Terms and Conditions shall be initiated by either TNT or you, by sending the other party with a demand, in writing, for arbitration (a or the “Demand”) via certified mail or overnight mail (e.g., FedEx or UPS) within the applicable statute of limitations. A Demand from you must be delivered to TNT, as follows: Attn: General Counsel, American Promotional Events, Inc., 4511 Helton Drive, Florence, Alabama 35630. A Demand must include:
    1. The name, mailing address, email address, and telephone number of the party seeking arbitration;
    2. A statement of the legal claims asserted by the party seeking arbitration and the factual basis for those claims;
    3. A description of the remedy sought and an accurate, good-faith, calculation of the amount in controversy;
    4. The original personal signature of the party seeking arbitration; and
    5. The original personal signature of the legal counsel or other representative of the party representing or purporting to represent the party seeking arbitration.

    The original person signature of the party seeking arbitration certifies the following:

    1. The Demand is not for any improper purpose, such as to cause unnecessary delay, to harass, or to needlessly increase the cost of litigation;
    2. The claims and other contentions in the Demand are warranted by existing law or by a non-frivolous argument for extending, modifying, or reversing existing law or for establishing new law; and
    3. The factual statements and other contentions in the Demand have evidentiary support or, if identified specifically in the Demand, will likely have evidentiary support after an opportunity to conduct reasonable discovery or investigation in furtherance of the Demand.

    The original personal signature of the party seeking arbitration shall affirm, under the penalty of perjury, the factual statements in the Demand are true and correct. The compliance with this Section 25 tolls any applicable statute of limitations as to any claim, controversy, or dispute that is stated in the Demand and that is subject to the Arbitration Agreement.

    For purposes of this Section 25, “original personal signature” does not mean a copied, digital, electronic, facsimile, or scanned signature.

  4. Filing a Demand for Arbitration. A party filing a Demand for arbitration of any claim, controversy, or dispute subject to the Arbitration Agreement shall submit a copy of the Demand to the American Arbitration Association (“AAA”) sixty (60) or more calendar days after the Demand is initiated in accordance with these Terms and Conditions. The arbitration shall be administered by the AAA pursuant to the then current AAA Consumer Arbitration Rules, except to the extent in conflict with or modified by these Terms and Conditions. The instructions and rules of the AAA can be found at: www.adr.org/consumer. TNT is not obligated to and will not notify you of any changes to these instructions or rules. You are responsible for checking these instructions and rules for any changes on a regular basis.
  5. Conduct of Arbitration. In any arbitration of a claim, controversy, or dispute that is subject to the Arbitration Agreement:
    1. TNT or you may file dispositive motions that would be permitted by the Federal Rules of Civil Procedure without obtaining permission from the arbitrator. Upon the filing of a dispositive motion, the arbitrator may stay all further action and deadlines in the arbitration until deciding on the dispositive motion.
    2. The parties shall have the right to conduct discovery from the other party or a third party, to the extent proportional and reasonably related to the claim, controversy, or dispute, but considering the amount in controversy, the importance of discovery in resolving the issue(s), the importance of the issue(s) at stake, and whether the burden or expense of the proposed discovery outweighs its likely benefit. If requested by either party, proportionality shall be decided by the arbitrator.
    3. The arbitrator shall conduct any calls, conferences, or hearings by telephone or videoconference unless the arbitrator determines that an in-person hearing or meeting is appropriate under the circumstances. Any in-person hearing or meeting shall be held at a location that is reasonably convenient to the arbitration and the parties. An employee of TNT and you will attend all calls, conferences, and/or hearings in the arbitration.
    4. A party may make a written offer of judgement at least seven (7) calendar days prior to the date set for the arbitration.
    5. If the arbitrator finds that a party’s claim, counterclaim, or appeal was asserted in bad faith, was frivolous, or was pursued for purposes of harassment, the arbitrator shall award the other party its attorneys’ fees, costs, and expenses, in addition to all amounts charged by the AAA for the arbitration.
    6. The arbitrator shall follow the law and these Terms and Conditions. The arbitrator shall not have the authority to commit errors of law or legal reasoning. The arbitrator may award relief only in favor of the individual party seeking relief in the arbitration, and only to the extent necessary to provide the relief warranted by that individual party’s claim in the arbitration. The arbitrator may not award relief for or against anyone who is not a party to the arbitration, though the individual relief awarded by the arbitrator may incidentally or indirectly affect non-parties.
    7. TNT or you may appeal an arbitration aware that manifestly disregards the law by filing a notice of appeal with the AAA within thirty (30) calendar days after an award is decided and is delivered to the parties. The appeal shall be heard by a single arbitrator unless the parties agree to a multi-arbitrator appellate panel. The arbitrator(s) assigned to the appeal shall be chosen through an agreement of the parties from those arbitrators on the AAA Appellate Panel. If the parties are not able to agree on an arbitrator or arbitrators, the AAA shall appoint the arbitrator(s) from those arbitrators on the AAA Appellate Panel. An arbitrator who participated previously, in any aspect of the arbitration, shall be ineligible from serving as an arbitrator in the arbitration on appeal. The appeal, including, briefing, shall be conducted pursuant to the agreement of the parties or, if the parties are not able to agree, pursuant to the appellate arbitrator(s)’ orders.
  6. Process for Arbitration Bellwether Demands. If twenty-five (25) or more Demands for arbitration of a claim, controversy, or dispute subject to the Arbitration Agreement are initiated that involve common questions of fact or law; and where the initiating parties are represented by the same law firm, the same group of law firms in coordination with each other, or the same representative(s), such Demands shall be coordinated pursuant to this Section 28. The group of claimants and the group of respondents shall each select five (5) Demands, for a total of ten (10) Demands, to be filed with the AAA (collectively, the “Bellwether Demands”). Each of the Bellwether Demands shall be assigned by the AAA to a different arbitrator chosen from the national roster of arbitrators. After ninety (90) calendar days from the date all of the Bellwether Demands have been arbitrated and all appeals have been exhausted, any of the Bellwether Demands that remain shall be subject to this Section 28. The AAA Supplementary Rules for Multiple Case Filings shall apply to the extent such are not inconsistent with this Section 28. Notwithstanding anything in these Terms and Conditions to the contrary, TNT and you each agree that a court of competent jurisdiction shall have the authority to enforce this Section 28 with injunctive or other relief, including, but not limited to, other relief which may be equitable in nature.
  7. Section Headings. The section headings used in these Terms and Conditions are for reference purposes only and shall not be used in the construction or interpretation of these Terms and Conditions.
  8. Severability. If any claim, controversy, or dispute subject to the Arbitration Agreement is filed or initiated as a class action, class arbitration, collective action, Mass Action, or representative action; and the Class Action and Mass Action waiver is held to be illegal, invalid, or unenforceable with respect to the claim, controversy, or dispute, the Arbitration Agreement shall not apply to that claim, controversy, or dispute, and such claim, controversy, or dispute shall be subject to the exclusive jurisdiction of the federal and state courts situated in Lauderdale County, Alabama, and you agree to submit to the personal jurisdiction of the federal and state courts situated in Lauderdale County, Alabama to the maximum extent permitted by law. If any provision(s) of the Arbitration Agreement or these Terms and Conditions is (are) held to be illegal, invalid, or unenforceable, only such provision(s) shall be severed from the Arbitration Agreement and/or these Terms and Conditions, and all remaining provisions of the Arbitration Agreement and/or these Terms and Conditions shall remain in effect and full force to the maximum extent permitted by law.
  9. Updates. TNT may update these Terms and Conditions at any time and for any reason without notice to you. TNT recommends you check these Terms and Conditions for any changes on a regular basis. The current version of these Terms and Conditions can be found at tntfireworks.com
  10. Waiver. The delay or failure of TNT to exercise any right or to pursue any remedy against you in connection with these Terms and Conditions shall not be construed or deemed as a waiver of such right or remedy. The delay or failure of TNT to insist upon the strict performance by you of these Terms and Conditions shall not prohibit or restrict TNT from insisting upon the strict performance by you of these Terms and Conditions in-the-future.