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Gift Card Agreement


Standard Private Label with Account Maintenance Fees Card Agreement Licensed under U.S. Patent Nos. 5,689,100 and 5,956,695
Important: Please read this Agreement carefully and keep it for your records. If you give this Gift Card to another person, you should also give that person this Agreement.
This Gift Card Cardholder Agreement (“Agreement”) sets forth the terms of the Card. The Card is issued by Sunrise Banks, N.A.

Definitions. In this Agreement, the words “you” and “your” mean the person who purchased the Card and/or the person who is using the Card. “We”, “us”, “our” and “the Bank" mean Sunrise Banks, N.A., of Saint Paul, Minnesota, the issuer of the Card. "Business days" are Monday through Friday, excluding federal holidays. Saturday, Sunday, and federal holidays are not considered business days, even if we are open. “Distributor” means the venue, district or association named on the Card; and, if the Card is usable at multiple Shopping Centers owned or operated by a common entity, then the term “Distributor” collectively refers to all such Shopping Centers. “Card” means the prepaid gift card issued to you by us or in lieu of a Card, the eGift Card, referred to hereafter collectively as the “Card. Merchant” means a participating Distributor location that is authorized to accept the Card. “PIN” means Personal Identification Number.

Agreement to Terms. By using the Card, you agree to the terms of this Agreement. If the Card has not been used and you do not want the Card, you may cancel this Agreement and return the Card before it is used along with the original receipt, by United States mail postage prepaid, to ATTN: Card Refunds, 520 W. 103rd Street, #256, Kansas City, Missouri 64114 within 30 calendar days after the Card activation date. If the Card is timely returned before it is used, you will receive a refund in the amount on the Card. Time is of the essence in returning the Card. No refunds will be honored unless (a) the Card is returned unused by United States mail post-marked within the 30 calendar day period; and (b) you provide your name and mailing address with the returned Card and the original receipt. Information concerning the Card activation date and this cancellation program may be obtained by calling 1.800.985.4316. Requests for cancellation may take up to 60 days to process. You should always keep a record of your Card number and the customer service phone number provided herein in case of loss or theft of your Card. We will not be able to assist you if your Card is lost or stolen unless you have your Card number.

Card Description. The Card is a prepaid card loaded with a specific amount of U.S. dollars. This Card is not a credit card or charge card that allows you to make purchases and pay later, and using the Card will not affect your credit history. The Card is not connected in any way to any other account. You will not receive any interest on the funds on your Card. The Card will remain the property of the Bank and must be surrendered upon demand. The Card is nontransferable and may be canceled or revoked at any time without prior notice except as required by law. The funds on your Card will NOT be insured by the FDIC or any other federal or state agency.
If the Card program allows for card not present” transactions, Internet, mail and phone order, purchases may require that we have the name and address of the Cardholder on file. If you wish to make Internet, mail or phone order purchases, you will need to go to www.getmybalance.com and enter your name and address prior to performing an Internet, mail or phone transaction.

Using Your Card. You may use the Card to purchase goods and services only at authorized Merchants. For information about the Distributor and Merchants, please visit the website, which may be identified on the Card. If you do not have enough funds available on your Card, you can instruct the merchant to charge a part of the purchase to the Card and pay the remaining amount with other funds. These are called “split transactions,” and some merchants do not permit them.

You may not use your Card to obtain cash at ATMs or at merchants that have agreed to provide cash back at the point-of-sale (“POS”).You cannot reload the Card or transfer Card value to other payment devices. You agree that you will: (i) not use the Card at gambling websites or for any illegal transactions; (ii) promptly notify us of any loss or theft of the Card or unauthorized transactions; (iii) not use the Card for business purposes; and (iv) use the Card only as permitted by us. The Card may not be accepted by certain merchants whose goods or services are not legal for minors. We may refuse to process any transaction that we believe violates the terms of this Agreement. The Card itself may not be returned to any merchant for a refund or redeemed for cash, except where required by applicable law.

You are responsible for all transactions initiated and fees incurred by use of your Card. If you permit another person to have access to your Card or Card number, we will treat this as if you have authorized such use and you will be liable for all transactions incurred by those persons. You may not request an additional Card for another person.
For security reasons, we may limit the number or amount of transactions you can make with the Card. You do not have the right to stop payment on any purchase or payment transactions that you originate through the use of the Card. You agree that you will not use the Card at any non-participating or unauthorized merchant locations.
PIN: A PIN is a four-digit code that may be used to make purchase transactions instead of signing for your transaction. Some merchants may require you to make purchases using a PIN rather than your signature. As of April 1, 2013, the PIN for your Card is the last four (4) digits of your Card number. You may visit www.getmybalance.com to change the Personal Identification Number ("PIN") for your Card. You should not disclose your PIN to anyone. If the security or confidentiality of your PIN is compromised, you should notify us at once. You agree to: (a) not disclose the PIN or otherwise make it available to anyone else; (b) be liable for the PIN and for its authorized use and for its unauthorized use as described in this Agreement. Unless you notify us as provided in this Agreement, you acknowledge that we are entitled to rely on the use of your PIN as your authorization for any Transaction using the Card and PIN. Your PIN may not be used to obtain cash at an ATM or cash back at a POS terminal. Shall you want or need to change the PIN associated to your card, and provided you know your current PIN, please visit www.getmybalance.com. If you forgot your PIN, please call 1.800.985.4316 for instructions.

Limitations on Use. You agree that you will not use the Card to pay tips or gratuities, to make recurring payments, to make preauthorized transactions (which are prepaying for a hotel stay, a car rental, or at the pump for gas or other transactions where the actual or final amount of the transaction is unknown at the time the Card is authorized for use), to make payment on a credit account, to pay for any gambling transaction or to pay for any illegal transaction. If the Card program allows for card not present” transactions, Internet, mail and phone order purchases may require that we have the name and address of the Cardholder on file. If you wish to make Internet, mail or phone order purchases, you will need to go to www.getmybalance.com and enter your name and address prior to performing an Internet, mail or phone transaction. You agree that you will not use the Card at any non-participating or unauthorized merchant locations. You agree that a purchase made by you may not be authorized or settled by us unless it complies with this Agreement. The Card may be canceled, repossessed, locked or revoked at any time without prior notice. The Maintenance Fee will be assessed on a locked or revoked Card.

Available Balance. Each time you use your Card, you authorize us to reduce the value available on your Card by the amount of the transaction and any applicable maintenance fees, taxes or other charges assessed by the merchant. Transactions that exceed the remaining balance on your Card are prohibited and should be declined at the point of sale. If, notwithstanding an insufficient balance, an authorization is received by the merchant or the merchant uses other means to proceed with the transaction, then you agree to reimburse us for any amount in excess of the Card balance for such a transaction. You agree that we may lock or revoke the Card, without notice, if we do not receive funds from you in the full amount of the activated balance on the Card.

Unclaimed Funds – Escheat. If our records show that you have not used the Card within a time period set by state law, the amount remaining on the Card may become unclaimed property subject to escheat under state unclaimed property laws. If the amount remaining on the Card becomes unclaimed property subject to a state unclaimed property law, we will be required to escheat the available balance to the state in an amount and at the time required by the state law. At that time, you will lose the ability to use the Card. If escheat occurs, you may inquire about the status of the Card funds by calling 1.800.985.4316.
Refunds for Purchases Made with the Card. Any refund for goods or services purchased with the Card will be made in the form of a credit to the Card and pursuant to the refund policy of the merchants where such goods or services were purchased. If you receive a credit, the credit may not be added to the available funds on the Card for seven (7) business days. You are not entitled to receive a cash refund. A credit to a zero balance Card will reinstate the Card.

Disputes with Merchants. We are not responsible for the delivery, quality, safety, legality or any other aspect of goods and services that you purchase from others with your Card. All such disputes should be addressed to the merchants from whom the goods and services were purchased.
Reversal. If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold of funds equal to the estimated purchase amount, for up to seven (7) days.

Card Fees. The following fees apply to your Card, except where prohibited or modified by applicable law:
Purchase Fee. The Distributor may charge fee directly to the purchaser of the Card for the purchase and/or activation of the Card in the amount disclosed to the purchaser at the time of sale. The purchase fee, if any, will be paid directly by the purchaser to the Distributor and will not be deducted from the amount on the Card. We will not retain any portion of the purchase fee. .Maintenance Fee. Unless prohibited by law, this fee will be deducted from your Card balance starting on the first day after a one-year period of inactivity. For Cards sold in states other than New York, activity means any actions resulting in an increase or decrease in the Card balance, other than the imposition of a fee, or an adjustment due to an error or reversal of a prior transaction. For Cards sold in New York, activity shall include balance inquiries and customer service activity made by you. For the Card transaction history, visit www.getmybalance.com or call 1.800.755.0085.  $2.50 per month
Card Replacement Fee. Unless prohibited by law, if a replacement Card is issued for a lost, stolen or damaged card, prior to “valid thru” date, a $5.00 Replacement Card Fee may be assessed. The replacement fee, if any, will be deducted from the card balance, as long as there is a remaining balance of at least $10.00 on the card; otherwise, it will be paid by the cardholder at the time of replacement.  $5.00