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Home / Gift Card Terms and Conditions


GIFT CARD TERMS & CONDITIONS
DATE OF LAST UPDATE: APRIL 25, 2023

The following Terms and Conditions (referred to as the “Agreement”) describe the
terms and conditions that apply to use of the Honey Baked Ham Company Gift Cards
(the “Cards”).  This Agreement is between you (or the “Cardholder”), and HBH
Gifting Company, LLC (“HBHGC”) and The Honey Baked Ham Company, LLC (“HBH”) and
its subsidiaries and affiliates (collectively with HBHGC, “Honey Baked Ham
Company”), or the respective licensed Honey Baked Ham Co. franchisee that issued
and sold your Card (a “Franchisee”) (collectively, Honey Baked Ham Company and
the Franchisees may be referred to as “we” or “us”).  By purchasing, accepting,
or using a 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 in Paragraph 10 a class action waiver and resolution of
disputes by arbitration instead of in court.

1. About Your Card. The Cards are closed-loop gift cards issued in U.S. dollars;
the Cards are not debit or credit cards.  We issue both physical plastic Cards
as well as digital (or “eGift”) Cards.  The Cards that are sold at HBH-owned
Honey Baked Ham Co. locations in the United States, at HoneyBaked.com (the
“Website”), as well as through third-party distributors, are issued by and
solely the obligation of HBHGC; provided, however, that HBHGC may assign its
obligations with respect to the Card at any time, in which case such assignee
shall become the issuer and sole legal obligor to the Cardholder.  HBH and its
subsidiaries and affiliates (other than HBHGC) bear no responsibility or
liability for any Cards, and you hereby knowingly release HBH and its
subsidiaries and affiliates (other than HBHGC) from any and all liability or
claims of any nature whatsoever arising in connection with the Card.  Any
information shared as a result of online purchases of Cards will be subject to
our privacy policy, available at https://www.honeybaked.com/privacy.

Cards that are sold at a Franchisee-owned Honey Baked Ham Co. location are
issued by and solely the obligation of such Franchisee, and HBHGC, HBH, and
their affiliates/subsidiaries shall not be liable to you with respect to such
Cards.  You hereby knowingly release HBHGC, HBH, and their
subsidiaries/affiliates from all liability related to Franchisee-issued Cards,
and you hereby knowingly release the Franchisees from all liability related to
HBHGC-issued Cards.  Regardless of whether your Card was issued by HBHGC or a
Franchisee, this Agreement applies to the Card.   

2. Redemption. Your Card is redeemable only for purchases of food, beverage,
merchandise or services at any participating Honey Baked Ham Co. store location
in the United States (including Franchisee-operated locations) or online at the
Website.   Cards have no cash value and may not be redeemed for cash (except as
required by law).  Cards have no value until activated.  Cards are not
redeemable to purchase another Card or toward a previous purchase.  We reserve
the right to temporarily limit or disallow redemptions due to technical
difficulties or other unforeseen circumstances.

This Agreement also applies to the Honey Baked Ham paper Gift Certificates,
which are issued by HBHGC and are redeemable only for the specified product at
any participating Honey Baked Ham Co. store (including Franchisee-operated
stores).  Gift Certificates cannot be used toward corporate gifting purchases or
in combination with corporate pricing or volume discounts, and Gift Certificates
are not redeemable on the Website.  For purposes of this Agreement, the term
“Cards” will include Gift Certificates unless otherwise specified.

3. Balance Inquiry. For balance inquiry, visit
https://www.honeybaked.com/giftcardchecker, call 1-877-848-5045, or inquire in a
Honey Baked Ham Co. location.  The balance you receive when inquiring 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.



4. No Expiration; No Fees. The Cards do not expire.  No fees for inactivity or
service fees apply to any Cards. 

5. Reoladable. Cards (but not Gift Certificates) may be reloaded with additional
value, other than certain Cards purchased from third parties as indicated on the
Card.

6. No Refunds. No refunds are permitted with respect to the Cards.  All sales of
Cards are final.

7. Lost, Damaged, or Stolen Cards; Unauthorized Use. Lost, damaged or stolen
Cards (or Cards that have been subject to unauthorized use) will not be replaced
or replenished.  We are not responsible for unauthorized Card use.

8. Resale Prohibited. You may not sell a Card or otherwise barter for its
exchange.  However, you may transfer a Card to another person for no monetary
consideration (e.g., as a gift).  A Card is valid only if obtained from HBH,
HBHGC, a Franchisee, or an authorized third-party distributor.  A Card is not
valid and will not be honored, and we will not be liable, if the Card is
obtained from unauthorized sellers or resellers, including through Internet
auction sites. 

9. Maximum Value. The maximum Card denomination is $500.  In addition, you may
not purchase or obtain multiple Cards with a value of more than $10,000 in any
one day. 

10. 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, NOT 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 award the same damages and relief to you that a court can award
under the law and must honor the terms and conditions in this Agreement. THERE
IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS
LIMITED.


A. ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

You and Honey Baked Ham Company (or a Franchisee, as applicable) agree that any
dispute, controversy or claim arising out of or relating to this Agreement or
your use of the Card, including the determination of the scope or applicability
of this agreement to arbitrate, regardless of the date of accrual of such
dispute, be resolved in its entirety by individual (not classwide or collective)
binding arbitration, except that you or Honey Baked Ham Company (or the
Franchisee) may take claims to small claims court if they qualify for hearing by
such a court.  You also agree that this arbitration agreement, Paragraph 10,
shall apply to any dispute with other parties arising out of or relating to this
Agreement or use of the Card, including the determination of the scope or
applicability of this agreement to arbitrate, regardless of the date of accrual
of such dispute, except that you or any such third parties may take claims to
small court if they qualify for hearing by such a court.

YOU AND HONEY BAKED HAM COMPANY (OR THE FRANCHISEE) 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 PROCEEDING
AND THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL
BASIS AND THAT CLASS, MASS, CONSOLIDATED OR COMBINED ACTIONS OR ARBITRATIONS OR
PROCEEDINGS AS A PRIVATE ATTORNEY ARE NOT PERMITTED. 

You and Honey Baked Ham Company (or the Franchisee) agree to waive the right to
trial by jury.

This agreement to arbitrate extends to claims that you assert against other
parties arising out of or relating to this Agreement or use of the Card.

The Agreement evidences a transaction in interstate commerce and the Federal
Arbitration Act and federal arbitration law, not state law, apply and govern the
interpretation and enforcement of this agreement to arbitrate.

This agreement to arbitrate shall survive termination of this Agreement. 
Notwithstanding anything to the contrary, if any part of this agreement to
arbitrate or class action waiver is deemed invalid or inapplicable, the
remainder of the agreement to arbitrate shall still be considered valid and
enforceable.  If any part of this agreement to arbitrate or class action waiver
is deemed unenforceable with respect to any claim, the arbitration agreement and
class action waiver will not apply to that claim, but they will still apply to
any and all other claims that you or we may assert in that or any other action.
 If any part of this agreement to arbitrate is deemed invalid or inapplicable,
you and Honey Baked Ham Company (or the Franchisee) 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.


B. ARBITRATION PROCEDURES

Arbitration shall be conducted by JAMS in accordance with its Streamlined
Arbitration Rules and Procedures, including the JAMS Policy on Consumer
Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural
Fairness, (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 against Honey Baked Ham
Company or a Franchisee, you must serve HBH Gifting Company, LLC’s registered
agent for service of process at 4701 Cox Rd. Ste. 285, Glen Allen, Virginia,
23060-6808, United States.  The Honey Baked Ham Company, LLC and each Franchisee
agree that HBH Gifting Company, LLC may accept service of process on its behalf.

Payment of all filing, administration and arbitrator fees will be governed by
the JAMS Rules.  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.  Regardless of the manner in which the arbitration
is conducted, the arbitrator shall issue a reasoned written decision sufficient
to explain the essential findings and conclusions on which the award is based.

The arbitrator shall not award relief in excess of what is allowed by applicable
law and the Agreement. The arbitrator may award declaratory or 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. The
arbitrator shall not have the power to commit errors of law or legal reasoning,
and the parties agree that any declaratory or injunctive award may be vacated or
corrected on appeal by either party to a court of competent jurisdiction for any
such error. Each party will bear its own costs and fees on any such appeal.
Judgment on the award may be entered in any court of competent jurisdiction.



11. Limitation of Liability. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH
RESPECT TO THE 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 DISCLAIMERS, EXCLUSIONS, OR
LIMITATIONS MAY NOT APPLY TO YOU.

12. Unclaimed Property. In the event you do not use your Card for a certain
period of time, we may be required to turn over the remaining Card balance to a
state under such state’s unclaimed or abandoned property law.  Although your
Card does not expire, if we are obligated to turn over the remaining balance of
your Card under a state’s unclaimed property law, by operation of law we will be
released from any further liability or obligation with respect to your Card, and
you may be required to contact the state’s unclaimed property administrator to
attempt to recover your unused Card balance.  To protect your right to continue
to use your remaining Card balance, we will make reasonable efforts to exempt
your Card from state unclaimed property laws.

13. Governing Law. The laws of the state of Virginia, without regard to
principles of conflict of laws, apply to this Agreement and use of your Card. 
If any part of this Agreement is unlawful, void, or unenforceable, that part
will be deemed severable and will not affect the validity and enforceability of
any remaining provisions.

14. Changes to Agreement. We reserve the right to change this Agreement from
time to time in our discretion without special notice to you.  Notice of changes
will be by reasonable means, which may be by the posting of the revised version
of this Agreement on the Website (“Updated Terms”).  Your use of a Card after we
have posted the Updated Terms constitutes your agreement to the Updated Terms. 
The Updated Terms will be effective as of the time of posting, or such later
date as may be specified in the Updated Terms and will apply to your use of a
Card from that point forward.  The date of the last update to this Agreement is
always indicated near the top of the page and any change in the date of this
Agreement shall constitute notice to you that the Agreement has changed.

15. Fraud/Violation of Terms. We reserve the right to refuse to honor, or to
suspend or deactivate one or more Cards where we suspect that a Card was
obtained fraudulently, in violation of this Agreement, or in violation of
applicable laws or other applicable Honey Baked Ham Company terms and
conditions.

16. Bulk Purchasers. This paragraph applies to purchasers that buy Cards for the
purpose of redistribution (“Bulk Purchasers”).  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, (c) you are purchasing the
Cards strictly for distribution in the ordinary course of your business to your
individual customers, employees, and/or loyalty/rewards program participants, as
applicable, for no monetary consideration, and (d) you will not resell or
otherwise distribute the Cards for monetary consideration.  Any specific
information regarding such distribution of Cards is proprietary to you, and you
shall not provide it to Honey Baked Ham Company in any form unless required by
law.  Honey Baked Ham Company agrees that it shall not request such information
from Bulk Purchasers unless required by law to do so.  By purchasing Cards in
bulk, each Bulk Purchaser hereby agrees and acknowledges to fully defend,
indemnify and hold harmless HBH, HBHGC, and their related subsidiaries and
affiliates from any action, loss, damage or liability arising from, related to,
or in connection with Bulk Purchaser’s purchase and redistribution of the Cards
in any jurisdiction.

 

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