BUY ONE GET ONE PROMOTION

TERMS AND CONDITIONS

PLEASE READ CAREFULLY. By participating, you agree to the following rules governing the Yiftee Buy One Get One Promotion (the “Program”), including any changes that are made.

A. Overview of the Yiftee Buy One Get One Promotion (the “Program”)

Yiftee (also referred to as "Service Provider"), at the direction of the Community Card Organizer or Merchant, will make its best effort to deliver to people who purchase a qualifying eGift card online (via exclusive Community Card or Merchant landing pages at https://app.yiftee.com/gifts/egift_and_gift_cards/labelle-winery-amherst) an opportunity to receive a Bonus Gift or Gifts as specified in the banner displayed on the Community Card or Merchant landing page at https://app.yiftee.com/gifts/egift_and_gift_cards/labelle-winery-amherst.

B. Eligibility for Public

The Program is open to legal residents of any of the 50 United States (or the District of Columbia or Puerto Rico) who are 18 years or older at the time of enrollment. Some items for redemption may be available only to those of other ages (always older than 12, e.g. 18 or 21), as indicated in the Yiftee merchant description or Program rules. The Program is provided to individuals only. Corporations, associations or groups may not participate. The Program is void where prohibited by law.

C. Eligibility for Those Related to Program Participation

  1. Employees and non-employee workers of Service Provider may not participate in the Program.
  2. Members of immediate family (spouse, parents, siblings, and children) and household members of employees or non-employee workers of Yiftee may not participate in the Program.

D. Duration of Program

The Program is only in effect if described at eGift Page. No other advertisements or representations of the Program will be accepted as representing the current state of the program. Service Provider reserves the right to shorten, extend, suspend, modify, or cancel the Program, at its discretion, at any time or when the supply of promotional gifts is exhausted. The Promotional value of the digital gift cards, serviced by Service Provider, expires according to the terms specified in eGift Page or 1 year, whichever is sooner. Service Provider is not responsible for email delivery issues (bounces, delivery into spam folders, etc.) and only makes a best effort to deliver the Promotion to the gift purchaser (Participant). Promotional gifts are delivered to the Participant only, regardless of the recipient of Participant's purchased gifts.

E. Participating in the Program

  1. Individuals who are 18 years of age or older who meet the eligibility requirements, purchase a Yiftee eGift Card subject to the limitations specified in the banner on the eGift page at eGift Page during the promotional period (“Participants”). Participant must provide a valid email address in order to receive the promotional item. Eligibility for inclusion in the first to purchase is determined at the time gift processing is complete, which may be delayed at Service Provider’s sole discretion for any reason. Prior to completing the purchase, any promotional gifts that will be included in the purchase are listed. If you believe this is not correct, do not complete the purchase and contact Yiftee at support@yiftee if, upon careful review of the terms of the promotion, you believe you are entitled to more or different items. The person who is the authorized email account holder of the email address indicated when purchasing is the sole recipient eligible for the Program. Valid only while supply lasts. The recipients of the gift are not considered when evaluating the limits of the promotion. Your sole remedy in cases where you believe you were eligible for for a promotional item that was not received is to request a refund of the purchased gift that would be associated with the promoted item, provided that that the purchased gift has not been redeemed.

F. Disclaimer

  1. Service Provider and partners reserve the right to change the Program at their discretion.
  2. Participant’s email address, name and phone numbers will be accessible by Yiftee participating merchants to send promotional information, and to send reminders and for other uses as determined by Service Provider, subject to Service Provider discretion. By participating in this Program, the Participant is opting in to receive said information and reminders and will have the ability to opt-out at any time.
  3. Validated Yiftee eGift Cards will be delivered to the Participant after purchase verification is complete.
  4. Service Provider reserves the right to request proof that the Participant is in compliance with these Terms and Conditions. In its sole discretion, Service Provider reserves the right to reverse any Yiftee eGift Cards previously issued to a Participant’s Account, if, upon Service Provider’s request, compliance cannot be properly verified. Service Provider decisions regarding the awarding of a promotional reward are final and binding.

H. Inactivity and Forfeiture:

  1. If a Participant in the Program has not redeemed their promotional Yiftee gift in full prior to the promotional gift expiration period as stated on the eGift Card, the Participant will forfeit the remaining balance without compensation.

I. Modifications and Termination of the Program

Service Provider reserves the right to terminate or temporarily suspend the Program at any time, for any reason, with or without notice, even though termination may affect a Participant’s ability to use his/her Yiftee eGift Card. Participants are responsible for remaining knowledgeable of any changes that Service Provider may make to these Terms and Conditions. The most current version of these Terms and Conditions, which will indicate the date they were last updated, will be available on the Website and will supersede all previous versions of these Terms and Conditions. The set of merchants participating in the promotion is subject to change and a merchant who has previously been listed as a participant may no longer be able to accept the gifts.

J. General Terms and Conditions

  1. Participants are responsible for the payment of all taxes which may result from the reward(s) received as part of the Program.

K. Limitation of Liability

  1. The Service Provider is not responsible for incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with the Program or utilized by the Participant, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network, cellular network, or electronic transmission, for problems relating to computer equipment, software, inability to access the Website or online service, or for any other technical or non-technical error or malfunction. In the event of a printing error, neither Service Provider, nor its respective related companies, parents, subsidiaries, affiliates, and respective agents and their agencies, suppliers and other companies involved in the development or execution of the Program or the production or distribution of Program materials shall have any liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ANY OF THE RELEASEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM OR MERCHANDISE OFFERED THROUGH THE PROGRAM, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF THE SERVICE PROVIDER IMPROPERLY DENIES A PARTICIPANT ANY EGIFT CARDS, LIABILITY WILL BE LIMITED TO THE VALUE OF THE EGIFT CARD. BY PARTICIPATING IN THE PROGRAM, A PARTICIPANT WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. Service Provider, its joint ventures, officers, directors, employees, shareholders, promotion agencies, agents, successors, assigns, and service providers, are not responsible for any products or services offered. TO THE FULLEST EXTENT ALLOWABLE BY LAW, SERVICE PROVIDER SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS AND/OR SERVICES OFFERED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Participants agree to rely solely on the manufacturer's warranties, if any, for any products redeemed through this Program.
  2. As a condition of participating in this Program, each Participant agrees that (1) any and all disputes, claims, and causes of action arising out of or connected with this Program, shall be resolved individually, without resort to any form of class action and exclusively by arbitration under the International Arbitration Rules of the American Arbitration Association. Arbitration will take place in San Mateo County, California; (2) any and all claims, judgments and rewards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Program, but in no event attorneys' fees; and (3) under no circumstances will any Participant be permitted to seek recovery for, and Participant hereby waives all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and waives any and all rights to have damages multiplied or otherwise increased.
  3. All issues and questions concerning the construction, validity, interpretation and enforceability of the Terms and Conditions, or the rights and obligations of Participant and the Service Provider in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of California, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California.
  4. These Terms and Conditions constitute the entire agreement between Program participants and Service Provider pertaining to the subject matter hereof and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of these Terms and Conditions shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall waiver constitute a continuing waiver unless otherwise expressly provided. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.