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New Pig - Terms of Use — Gift Cards

New Pig may offer electronic gift cards through emails, notifications on the New Pig Website, and other communications or promotions. These terms and conditions for gift cards ("Gift Card Terms") apply to all users of gift cards made available by New Pig ("you" or "your"). Our gift cards are administered by Tremendous.

In addition to these Gift Card Terms, you also are bound by and subject to the New Pig Website Terms of Use (https://www.newpig.com/termsofuse) and Privacy Policy (https://www.newpig.com/privacypolicy) when you use a gift card. Both the Terms of Use and Privacy Policy are incorporated by reference into these Gift Card Terms. By using a gift card you receive from New Pig, you acknowledge that you are eighteen (18) years of age or older and you hereby agree to be bound by and subject to the New Pig Website Terms of Use and Privacy Policy as well as these Gift Card Terms.

New Pig reserves the right to change these Gift Card Terms without notice at any time. We will post any updated version of these Gift Card Terms to the New Pig Website, and the updated version will be effective once posted. Please check the New Pig Website regularly for updates. All terms and conditions in these Gift Card Terms are applicable to the extent permitted by law.

Use of Gift Cards

You or the intended gift card recipient may receive an email with a link to an online location with a promo code or other information you may use to access certain gift cards. You also could see a promo code for a gift card on the New Pig Website, or through emails or other communications we send you.

Gift cards may allow you to purchase goods or services from third-party merchants and service providers who are not controlled by or affiliated with New Pig. These gift cards are provided solely as a convenience to you and not as an endorsement by us of the third-party products or services you might receive when you use a gift card. The gift cards are not meant to imply that New Pig guarantees, approves, or recommends any information, products, or services available through the use of any gift cards. Such third-party products or services are developed and provided by others, and the gift cards are not meant to indicate any association between any third-party merchants or service providers and New Pig. All logos and other trademarks are the property of their respective owner(s). All rights not granted under these Gift Card Terms are expressly reserved to New Pig.

You should contact the applicable third-party merchant or service provider if you have any concerns regarding any products or services purchased using such gift cards. New Pig is not responsible for and does not make any representations regarding any third-party products or services. Third-party merchants and service providers are not liable for any actual or alleged claims related to any gift cards that New Pig offers. If you decide to purchase third-party products or services using a gift card, you do so at your own risk, and will be subject to the terms of service, privacy policies, and other agreements or policies applicable to the relevant third-party merchant or service provider.

Gift cards cannot be used to purchase other gift cards. Gift cards are only intended for use by individuals located in the United States, and will not be issued to compensate you for unshipped products.

If the total amount of your purchase using the gift card exceeds the balance of any entered gift card codes, the third-party merchant or service provider may require you to select or add an additional method of payment, such as a debit or credit card, to cover the difference or the transaction will be cancelled. Unless the applicable third-party merchant or service provider states otherwise, no activation, dormancy, inactivity, service or other added fees apply to gift cards, and gift cards generally do not expire. However, please note that any eligible goods and services are subject to change at the sole discretion of the applicable third-party merchant or service provider. If an unused gift card balance is deemed legally abandoned after a period of time under applicable laws and regulations, there may be an obligation for the third-party merchant or service provider to send the unused balance to a government entity if the merchant or service provider reasonably believes it is required by law to do so.

If you have any questions regarding gift cards, please contact us at 1-800-HOT-HOGS (468-4647) and/or hothogs@newpig.com

New Pig may run promotions from time to time that have their own special terms regarding gift cards. If a gift card is offered as part of a promotion, please see those specific terms for any additional details that apply to that promotion. The terms of any gift card promotion may be changed or terminated at any time and for any reason without prior notice. To the extent any portion of those special terms conflict with these Gift Card Terms, the special terms will govern for that specific portion unless stated otherwise.

Other Gift Card Restrictions and Limitations

Gift cards generally cannot be reloaded or have any monetary value or amounts added to a specific gift card code after the initial purchase. Gift cards cannot be returned or cancelled unless required by law. Gift card balances cannot be resold or transferred, and cannot be redeemed, exchanged, or returned for cash or any other prepaid payment mechanism or instrument except as required by law.

In connection with the use of gift cards you receive from New Pig, you also may not:

Engage in any unauthorized commercial, advertising, marketing, or promotional efforts, such as for giveaways, sweepstakes, or for purchasing products for resale or export;
Engage in any behavior that is fraudulent, deceptive, disruptive, unfair, illegal, and/or harmful to New Pig or its affiliates, reputation, or customers;
Redeem a gift card if you are not the intended recipient;
Purchase a gift card from an unauthorized third party; and/or
Use a gift card as payment for unauthorized third-party goods or services.

The above list is not exhaustive. Any use of a gift card in violation of these Gift Card Terms may result in the gift card being cancelled or suspended in whole or in part without a refund to the extent allowed by law. New Pig reserves the right, without notice to you, to suspend or permanently cancel or void any gift card without a refund to the extent allowed by law. Any gift card that is suspended, cancelled, or voided in whole or in part may result in the cancellation of any orders that were paid in whole or part with the applicable gift card.

The title to any gift card and the associated risk of loss pass to you once the gift card email and/or link to the gift card code is transmitted or sent to you or the intended recipient of the gift card.

You are responsible for making sure any gift card balance is not used by an unauthorized party. New Pig is not legally responsible for, and does not assume any liability to you or anyone else, if your gift card information is stolen, lost, used by an unauthorized party, or used by you as a result of some third-party fraud or gift card scam. If you become aware that an unauthorized party has access to your gift card information, please contact us at 1-800-HOT-HOGS (468-4647) and/or hothogs@newpig.com. New Pig makes no guarantee it can help stop the unauthorized behavior. New Pig reserves the right to request additional information or verification related to your identity before a gift card is used.

Disclaimer of Warranties and Limitation of Liability

NEW PIG, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS, BUSINESS PARTNERS, AND ANY OTHER PARTY INVOLVED IN THE CREATION, ADMINISTRATION, OR TRANSMISSION OF GIFT CARDS YOU RECEIVE FROM NEW PIG (COLLECTIVELY, THE "COMPANY PARTIES"), MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO ANY GIFT CARDS TO THE FULLEST EXTENT PERMITTED BY LAW. MORE SPECIFICALLY, THE COMPANY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

IN THE EVENT THAT A GIFT CARD DOES NOT WORK OR FUNCTION PROPERLY, YOUR SOLE REMEDY (AND THE COMPANY PARTIES’ SOLE LIABILITY) SHALL BE THE REPLACEMENT OF THE NON-FUNCTIONING GIFT CARD TO THE EXTENT PERMITTED BY LAW.

Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold the Company Parties harmless from and against any claims, actions, demands, losses, costs, damages, liabilities, judgments, awards, and expenses (including, without limitation, reasonable legal and accounting fees, attorneys’ fees, costs of defense, and direct, indirect, punitive, special, individual, consequential, or exemplary damages) the Company Parties suffer in relation to, arising or resulting from, or for the purpose of avoiding, any claim or demand from a third party that relates to your use of a gift card you receive from New Pig, your breach of these Gift Card Terms, or any violation of an applicable law or regulation by you. The Company Parties shall provide notice to you of any such claim, suit, or proceeding. The Company Parties reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests to assist the Company Parties in defense of such matter. Your indemnification obligations shall survive the termination of these Gift Card Terms.

Other General Provisions

These Gift Card Terms, any dispute involving the use of a gift card you received from New Pig, and the relationship between you and New Pig, shall be governed and interpreted pursuant to the laws of the Commonwealth of Pennsylvania without regard to any principles of conflicts of law. You specifically consent to personal jurisdiction in Pennsylvania in connection with any dispute between you and New Pig arising out of these Gift Card Terms or pertaining to their subject matter. The exclusive venue for any dispute arising out of these Gift Card Terms or pertaining to the subject matter hereof shall be in the state and federal courts of Pennsylvania. You covenant not to sue New Pig in any other forum.

New Pig takes data security very seriously, but we cannot guarantee that all activity or transmissions involving the use of gift cards are 100% secure. Your use of electronic gift cards is at your own risk.

Last updated on 8/13/21.