The Award Card Terms
Welcome to The Award Card website (the website). Please review the following terms and conditions which govern your use of this website.
For this reason, please review these terms whenever you use The Award Card website. If you do not agree to these terms, please do not use the website.
Terms used in this Agreement
- The term ‘we’, ‘us’, or ‘our’ means Whapps, LLC., a Texas Limited Liability Company (Whapps).
- The term ‘you’ or ‘your’ means the recipient of an Award Code.
- The terms ‘Promotion Code’, ‘Award Code’, and ‘Reward Code’ mean a code issued by a client of Whapps LLC to you, which you may then redeem on The Award Card website.
- The term ‘Affiliates’ means retailers whose GiftCard or eGiftCard may be available on The Award Card website.
Award Codes are issued by Whapps LLC on behalf of its clients as part of an incentive, reward, loyalty, promotion or other scheme.
Award Codes have no value. They cannot be exchanged for cash unless otherwise required by law.
Award Codes Expiration:
Award Codes expire 6 months from the date of issue, unless otherwise specified in the email or communication you received with your Award Code. Once expired, Award Codes have no value and cannot be redeemed.
Retail GiftCards or eGiftCards:
Retail Gift Cards or eGiftCards are issued by and represent an obligation of Affiliates and are distributed by Whapps LLC. GiftCards or eGiftCards may be redeemed online with the Affiliates, and in some instances at physical locations (determined by each Affiliate).
You may not return or cancel your GiftCard or eGiftCard once you have redeemed your Award Code for a Retail GiftCard or eGiftCard.
Lost or Stolen Gift Cards:
Lost or stolen GiftCards or eGiftCards cannot be considered for replacement without the recipient’s confirmation email as proof of purchase.
Risk of Loss:
Ownership and risk of loss of GiftCards or eGiftCards passes to you as soon as Whapps LLC sends a confirmation receipt to you of the eGiftCard. We are not responsible for lost or stolen eGiftCards.
The materials on the website are provided as is without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. We expressly disclaim any duty to update or revise the materials on the websites, although such materials may be modified at any time without notice. Your use of the website is at your sole risk and you assume full responsibility for any costs associated with your use of the website. We shall not be liable for any damages of any kind related to your use of the website.
You agree to defend, indemnify and hold Whapps LLC and Affiliates harmless from and against any and all claims, damages, costs and expenses, including attorneys fees, arising from or related to your use of the website and/or your breach of any representation, warranty, or other provision of the Agreement. If a GiftCard or eGiftCard is non-functional, your sole remedy against us and our sole liability shall be the full replacement of such GiftCard or eGiftCard.
Mindful of the high cost of litigation, not only in dollars but also in time and energy, you and we agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the website, a GiftCard or eGiftCard, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (Dispute), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party(s) (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent to:
2435 North Central Expressway
Dallas, TX 75080
Choice of Law:
This Agreement shall be construed in accordance with the laws of the State of Texas, without regard to any conflict of law provisions. You and we agree that any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of Texas, and/or the Northern District of Texas. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of our right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the website.