Terms of Use
The following KFC Gift Card Terms and Conditions (this "Agreement") describes the terms and conditions that apply to use of KFC Gift Cards that are purchased at KFC restaurants or authorized third-party distributors (collectively, "Card(s)"). This Agreement is between the cardholder ("you" or the "cardholder"), Sutton Bank ("Sutton Bank" or "Issuer"), and Wolfe Merchant Solutions 2401, LLC ("Program Manager"). By purchasing, accepting, or using your Card, you agree to be bound by this Agreement. If you do not agree with this Agreement, do not purchase, accept, or use the Card. This Agreement may be amended or otherwise updated at any time at Issuer's and Program Manager's sole discretion.
IMPORTANT: This Agreement includes resolution of disputes by arbitration instead of in court.
About Your Card.
Cards are closed loop gift cards, not a debit or credit card. Cards are issued by Sutton Bank. Sutton Bank is the sole legal obligor to the cardholder. Issuer may assign its obligations with respect to any Cards at any time, in which case the assignee shall become the new issuer and sole legal obligor to the cardholder, and Sutton Bank shall be released from all further obligation to the cardholder with respect to these Cards. Any Cards assigned by Issuer to an assignee shall remain subject to this Agreement. Wolfe Merchant Solutions is the Program Manager contractually responsible for sales, distribution, customer service, and other related services. PROGRAM MANAGER, KFC CORPORATION AND OPERATORS OF KFC RESTAURANTS BEAR NO RESPONSIBILITY OR LIABILITY FOR ANY CARDS, AND YOU HEREBY KNOWINGLY RELEASE PROGRAM MANAGER, KFC CORPORATION, AND THEIR RESPECTIVE AFFILIATES (OTHER THAN ISSUER) AND OPERATORS OF KFC RESTAURANTS FROM ANY AND ALL LIABILITY OR CLAIMS OF ANY NATURE WHATSOEVER ARISING IN CONNECTION WITH THIS CARD. Cards can be purchased at, and are only valid if obtained from, participating KFC restaurants, KFC website(s) and from authorized third-party distributors. Cards are not valid and will not be honored, and Issuer will not be liable, if obtained from unauthorized sellers, including through internet auction sites. Consumer resale of cards is strictly prohibited. Issuer reserves the right to refuse to honor a Card obtained fraudulently and devalue a fraudulently acquired Card in their sole discretion. You may not have more than $500 in value on any of your Cards at any time, certain Card types are limited to less than $500, and no more than $2,000 may be associated with any one Card in a single day. This means that the activity on any one of your Cards cannot exceed $2,000 over the course of a day. The total value you may load onto all of your Cards, together with the value of any new Cards that you may purchase, may not exceed $10,000 on any given day. There is a minimum amount that you may load on any Card at any given time, and that amount is typically $5, but this will vary when purchasing through an authorized third-party distributor. We may change any of these amounts at any time without notice to you.
Eligibility.
Cards are not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only use a Card under the supervision of a parent or legal guardian who agrees to be bound by this Agreement.
Balance Inquiry.
For balance inquiry call 1-877-759-1042. The balance you receive when viewing Card balances over the telephone is an estimate only. In most cases, the balance is adjusted immediately when you make a purchase, but there may be occasions when the balance adjustment is delayed.
Expiration.
Cards do not have expiration dates, and the value on Cards can never expire. No fees will be applied against Card balances, e.g., there are no fees for activation, service, inactivity, or dormancy with respect to the Cards
Promotional Programs.
From time to time, we may in our sole discretion, run promotional programs associated with the Card program ("Promotions"). Such Promotions are subject to this Agreement, as well as additional terms as indicated in connection with the Promotions. We reserve the right to modify the terms and conditions of any Promotion at any time, including and up to terminating the Promotion.
Bulk Purchasers.
This paragraph applies to purchasers that buy Cards for the purpose of resale or redistribution, including directly via the KFC online bulk sales website or the Wolfe Merchant Solutions API. As a Bulk Purchaser, you agree that (a) under no circumstances shall you be considered the owner of any Cards, (b) you shall not use or redeem the Cards yourself, and (c) you are purchasing the Cards strictly for resale or distribution through Wolfe Merchant Solution approved programs in the ordinary course of your business to your individual customers, employees, and/or loyalty or rewards program participants, as applicable. Any specific customer information regarding such resale or distribution of Cards is proprietary to you, and you shall not provide it to Issuer in any form unless required by law. Issuer agrees that it shall not request such information from Bulk Purchasers unless required by law.
Redemption, Refunds and Cash-Out.
A Card is redeemable only for purchases of food and beverages at participating KFC restaurants in the 50 United States. Some locations in the 50 United States do not participate, these are typically, but not always airports, travel centers, college campuses and other non-traditional restaurant venues. Confirm with the KFC location before placing your order if they are a Card-participating location. Card has no cash value and may not be redeemed or refunded for cash (except as required by law) or used to purchase another Card. In States that require cash-out refunds of Cards below established balance thresholds, please go to kfccard.wolfe.com to complete the cash-out process.
Lost, Stolen or Damaged Card.
Protect your Card like cash. Issuer is not responsible for the unused value of lost, stolen, or damaged Cards, or cards otherwise used without permission.
Updates to This Agreement.
You agree that we may provide notices, disclosures, and amendments to this Agreement, and other information relating to your Card, by electronic means, including by posting such materials and information online at kfccard.wolfe.com.
Privacy Statement.
Please read our Privacy Policy at https://www.kfc.com/privacy-policycarefully to understand how we collect, use, and disclose information about customers, how to update or change your personal information, and how we communicate with you.
Resolving A Dispute with Arbitration and Class Action Waiver.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS LEGAL RIGHTS THAT YOU MAY OTHERWISE HAVE AND REQUIRES INDIVIDUAL FINAL AND BINDING ARBITRATION OF MOST DISPUTES INSTEAD OF RESOLUTION IN COURT. You or we may elect to resolve any claim by an individual arbitrator. Claims are decided by a neutral arbitrator. If arbitration is chosen by any party, you and we hereby waive the right to litigate the claim in court or have a jury trial on that claim. Further, you and we will not have the right to participate in a representative capacity or as a member of any class pertaining to any claim subject to arbitration.
Any claim, dispute, or controversy ("Claim") between you and us arising out of or relating in any way to this Agreement, your Card, your purchase of the Card, your usage of the Card, or transactions on the Card, no matter how described, pleaded or styled, shall be finally and exclusively resolved by binding individual arbitration conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules in your state of residence at a location that is reasonably convenient for both parties.
We will pay all fees associated with administration of arbitration, including fees to commence the arbitration. At your written request, we will consider in good faith making a temporary advance of your share of any arbitration fees, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause.
Arbitration procedures are generally simpler than the rules that apply in court, and discovery is more limited. The arbitrator's decisions are as enforceable as any court order and are subject to very limited review by a court. Except as set forth below, the arbitrator's decision will be final and binding. Other rights you or we would have in court may also not be available in arbitration.
NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION, OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON SHALL BE ALLOWABLE IN ARBITRATION.
This Arbitration Clause shall survive: (i) the termination of this Agreement; (ii) the bankruptcy of any party; and (iii) any transfer, sale or assignment of your Card, or any amounts owed on your Card, to any other person or entity. If any portion of this Arbitration Clause is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force. Any different agreement regarding arbitration must be agreed to in writing.
a) This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16. Solely for purposes of this Arbitration Clause, "We" or "Us" shall mean the Issuer, and its respective successors, affiliates or assignees as well as any third party using or providing any product, service or benefit in connection with the Card.
b) You may reject this Arbitration provision by sending a written rejection notice to us at:
Sutton Bank c/o Wolfe Merchant Solutions 2401, LLC
495 Mansfield Avenue
Pittsburgh, PA 15205c) Your rejection notice must be mailed within 45 days after your first card purchase. Your rejection notice must state that you reject the Arbitration provision and include your name, address, Account number and personal signature. No one else may sign the rejection notice. If your rejection notice complies with these requirements, this Arbitration provision and any other arbitration provisions in the cardmember agreements for any other currently open Card accounts you have will not apply to you, except for any claims subject to pending litigation or arbitration at the time you send your rejection notice. Rejection of this Arbitration provision will not affect your other rights or responsibilities under this section or the Agreement.
Limitation Of Liability.
ISSUER AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO CARDS INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DICLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
Choice Of Law.
This Agreement, and your use of any Cards, will be governed by and construed in accordance with the laws of the State of Ohio, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.