The following Sperry Gift Card Terms and Conditions (this “Agreement”) describes the terms and conditions that apply to use of Sperry Gift Cards that are purchased in store and online, including plastic cards and digital gift cards, and which are redeemable at Sperry store locations in the United States (collectively, “Sperry Gift Cards”). This Agreement is between you (the cardholder) and Aldo Marketing LLC, a Virginia limited liability company (“Company”). 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, use or accept the Card.
IMPORTANT: This Agreement includes resolution of disputes by arbitration instead of in court.
1. Redemption.
The Sperry Gift Cards are redeemable solely at Sperry store locations in the United States.
2. Use of Sperry Gift Card.
You may use your Sperry Gift Card towards any in-store purchase. Purchases made with this Sperry Gift Card will be deducted from the balance of this Sperry Gift Card and the residual value will be shown on your purchase receipt. Sperry Gift Cards are not redeemable on Sperry.com. However, you may place an order in any one of our U.S. stores, using your Sperry Gift Card.
3. Lost, Stolen or Damaged Sperry Gift Cards.
The Sperry Gift Card is not replaceable if lost or stolen. This Sperry Gift Card is not valid if damaged or unreadable.
4. Expiration Dates; Fees.
The Sperry Gift Card has no expiration date. No inactivity or service fees apply.
5. Cash Redemption.
Sperry Gift Cards are not returnable or redeemable for cash except in states where required by law.
6. Restrictions on Use; Nonreturnable; No Resale Without Consent; Not for Promotional Use; No Use for Improper Purpose or Implied Affiliation.
You can purchase up to $500 of Sperry Gift Cards in any given day. Sperry Gift Cards cannot be used to purchase another Sperry Gift Card. Notwithstanding anything contained in this Agreement, Sperry Gift Cards are not returnable or refundable for cash except in states where required by applicable law. The resale of Sperry Gift Cards is strictly prohibited without the consent of Company. Sperry Gift Cards may be used as personal or business gifts but may not be used in connection with any marketing, advertising or other promotional activities (including without limitation via websites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts) unless approval is received in writing from Company. Use Sperry’s name, logo, trade dress (including any image/likeness of the cards) or trademarks (or those of any of its subsidiaries or affiliates) in connection with the purchase or use of Sperry Gift Cards is strictly prohibited. Furthermore, the use of any Sperry Gift Card in any manner that states or implies that any person, website, business, product or service is endorsed or sponsored by, or otherwise affiliated with, Peloton or any of its subsidiaries or affiliates is prohibited.
7. Refusal to Honor or Redeem; Unauthorized Purchase.
Aldo reserves the right, in its sole and absolute discretion, to refuse to redeem or honor an Sperry Gift card or any remaining value thereon if:
The Sperry Gift Card has been purchased or otherwise obtained from an unauthorized seller or reseller, including through any auction site;
An Sperry Gift Card has been altered, modified, or damaged in any manner;
The Sperry Gift Card was issued in violation of any anti-money laundering policy of Company or any applicable federal or state law relating to anti-money laundering or terrorist financing;
Company reserves the right to disable an Sperry Gift Card if it has reason to believe or suspects that an Sperry Gift Card was obtained, used or applied fraudulently, unlawfully, or in violation of the Agreement.
8. Not Reloadable.
You cannot "reload" Sperry Gift Cards (i.e., you cannot add value/balance to your Sperry Gift Card) at this time.
9. Unused or Insufficient Balance.
If your purchase exceeds the amount of the Sperry Gift Card's balance, you must pay the difference by another means.
10. Billing Errors.
Company reserves the right to correct the balance of the Sperry Gift Card if Company believes that a billing error has occurred. Company disclaims all liability for any such billing errors.
11. Issuer and Governing Law.
This Sperry Gift Card is issued by Aldo Marketing LLC, a Virginia limited liability company. Company is the sole legal obligor with respect to the Sperry Gift Card; provided, however, that Company may assign its obligations with respect to the Sperry Gift Card at any time, in which case such assignee shall become the issuer and sole legal obligor. None of Company’s affiliates or related entities bears any responsibility or liability for any Sperry Gift Cards, and you hereby knowingly release all such affiliates and related entities from any and all liability or claims of any nature whatsoever arising in connection with the Sperry Gift Card. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia without regard to conflict of law rules.
12. Compliance with Laws.
By purchasing an Sperry Gift Card, you are certifying and representing to Company that the activities in connection with which the Sperry Gift Card will be used will comply with the Agreement and all applicable laws, rules and regulations, and that the Sperry Gift Card will not be used in any manner that is misleading, deceptive, unfair or otherwise harmful to consumers or Company. In addition, you agree to indemnify, hold harmless, and defend Company and its subsidiaries and affiliates from and against any claims, expenses or liabilities made against or incurred by any of them in connection with your use of the Sperry Gift Card or any violation of any of the Agreement.
13. Limitation of Liability; Disclaimer.
Company and its parent, subsidiaries and affiliates make no warranties, express or implied, with respect to the Sperry Gift Cards, including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. In the event an Sperry Gift Card code is non-functional, your sole remedy, and our sole liability, shall be the replacement of such Sperry Gift Card. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitation may not apply to you and you might have additional rights.
14. MANDATORY BINDING INDIVIDUAL ARBITRATION.
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.
Arbitration is the submission of a dispute to a neutral arbitrator, instead of a judge or jury, for a final and binding decision, known as an “award.” Arbitration provides for more limited discovery than in court, is subject to limited review by courts, and the result is confidential. Each party has an opportunity to present evidence to the arbitrator in writing or through witnesses. An arbitrator can only award the same damages and relief that a court can award under the law and must honor the terms and conditions in this Agreement.
A. ARBITRATION AGREEMENT, CLASS ACTION WAIVER, PUNITIVE DAMAGES WAIVER
You and Company agree that any dispute, whether at law or equity, arising out of or relating to this Agreement or your use of the Sperry Gift Card, regardless of the date of accrual of such dispute, shall be resolved in its entirety by binding arbitration, except that (1) you or Company may take claims to small claims court if they qualify for hearing by such a court; and (2) if you have violated or have stated that you will violate Company's intellectual property rights, Company may seek injunctive or other appropriate relief in any state or federal court of appropriate jurisdiction.
YOU AND COMPANY FURTHER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Company agree, no arbitrator may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court. If a court decides that applicable law precludes enforcement of any provision in this Agreement other than this section, then such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. If such provision cannot be so modified or restricted, it shall be excised from this Agreement without affecting the validity, legality or enforceability of the remainder of this Agreement, which shall be fully enforced. If any part of this agreement to arbitrate is deemed invalid or inapplicable, you and Company both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class, mass, consolidated, or combined basis.
You and Company agree to waive the right to trial by jury.
This agreement to arbitrate extends to claims that you assert against other parties, including without limit claims against any of Company’s affiliates and related entities.
The Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.
This agreement to arbitrate shall survive termination of this Agreement.
B. ARBITRATION PROCEDURES
Arbitration shall be conducted by JAMS in accordance with its Streamlined Arbitration Rules and Procedures (the “JAMS Rules”). The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To begin an arbitration proceeding, you must serve Company’s registered agent for service of process, the Corporation Trust Company, 1209 N Orange Street, Wilmington, D, 19801], United States.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and Company will pay all other administrative costs and fees. In addition, for claims of less than $1,000, Company will reimburse you for the $25 fee if the arbitrator rules in your favor. Reasonable attorneys’ fees and expenses will be awarded only to the extent such allocation or award is available under applicable law.
Any arbitration will take place in or near the county where claimant resides and will be determined by a single arbitrator; provided, however, that upon request by either party, the arbitration shall be conducted via telephone to the extent permitted by the JAMS Rules. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief).
Judgment on the award may be entered in any court of competent jurisdiction.
15. Additional Terms and Conditions.
Company reserves the right to amend or modify this Agreement at any time in its discretion, which changes we may provide to you by any reasonable means, including without limitation, by posting the revised version of this Agreement at www.sperry.com/gift-card-terms. Company reserves the right to refuse to honor any Sperry Gift Card in the event of a disputed credit card charge, bounced check or other failure of consideration. Company also reserves the right to void or cancel an Sperry Gift Card without a refund if it believes that the Sperry Gift Card was obtained through fraudulent or unauthorized means, or was used in a fraudulent or unlawful manner or otherwise in violation of this Agreement. No credit card, credit line, overdraft protection, or deposit account is associated with your Sperry Gift Card.
Last revised April 2024