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*GIFT CARD TERMS AND CONDITIONS
Last updated February 24, 2023
In these Gift Card Terms and Conditions (“Terms”), the words “you,” “your,” and “Participant” mean any person who uses, accesses, or interacts in any way with any Gift Card Program. “Gift Card Program” means any program administered by LendingClub Bank, National Association (“LendingClub”) that facilitates the ability of Participants to obtain a gift card. The words “we,” “us,” and “our” mean LendingClub and its affiliates, successors and assigns, and designated third-party service providers acting on their behalf.
By using, accessing, or interacting in any way with a Gift Card Program, including by accessing a Gift Card Program link or responding to any communication related to a Gift Card Program, you acknowledge, accept, and agree to be bound by these Terms, the LendingClub Terms of Use (“Terms of Use”), and the LendingClub Privacy Policy (“Privacy Policy”). The Terms of Use and Privacy Policy are publicly accessible on the LendingClub website. If you do not wish to be bound by these Terms, the Terms of Use, or the Privacy Policy, do not use, access, or interact in any way with a Gift Card Program.
We may make changes to these Terms, the Terms of Use, and the Privacy Policy from time to time in our sole discretion. You understand and agree that your continued use of, access to, or interaction with, a Gift Card Program constitutes your acceptance of the Terms, Terms of Use, and Privacy Policy then in effect.
1. Gift Card Programs Generally
a. Overview
Each Gift Card Program involves a gift card process that uses digital technology to facilitate, track, and appropriately attribute gift cards. Gift Card Programs may allow Participants to obtain a reward if certain conditions are satisfied. To qualify as a Participant, you must be a natural person, a U.S. citizen or resident, and at least 18 years old.
b. Restrictions
Our employees are not eligible to participate in any Gift Card Program. Participants shall not use any Gift Card Program to violate any law, infringe or violate the rights of any third party, or otherwise act in a manner that is outside the spirit and intent of the Gift Card Program.
ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY GIFT CARD PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS, AND WE RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW.
LendingClub reserves the right to cancel, modify or terminate any Gift Card Program at any time for any reason in its sole discretion. LendingClub reserves the right to disqualify any Participant at any time from participation in any Gift Card Program, and to cancel or modify any pending or otherwise earned rewards.
c. Taxes
You are responsible for independently assessing and complying with all relevant tax and legal requirements. We do not and will not provide you with tax or legal advice. In the event that, during any single calendar year, the aggregate rewards from LendingClub would result in payment to you of $600 or more, we may require you to provide us with a completed IRS form W-9 and we may thereafter issue a Form 1099 for that calendar year. We may utilize a third-party service provider to perform this function. If we require a completed form W-9 from you and you fail to provide one, we reserve the right to void any rewards.
2. Personal Loan Gift Card Program
a. Overview
The Personal Loan Gift Card Program is a Gift Card Program made available to designated borrowers and prospective borrowers of unsecured personal loans offered by LendingClub and branded as “Personal Loans” (“Personal Loans”). Participants who satisfy the requirements during the Personal Loan Gift Card Program’s promotional period are eligible to earn a gift card reward in an amount communicated to the Participants during the gift card process.
b. Reward Eligibility
In order for a Participant to be eligible to earn a gift card reward through the Personal Loan Gift Card Program, the following conditions must be satisfied:
Receive a gift card promotion invitation email directly from LendingClub (“invitation email”);
Apply for a Personal Loan using the link provided in the invitation email within the stated promotional period;
Obtain a Personal Loan from LendingClub in accordance with the minimum loan amount requirements stated in the invitation email; and
Make the first contractual payment on time and as agreed.
In order for a Participant to be eligible to earn a gift card reward through the Personal Loan Gift Card Program, all of the above conditions must be satisfied. Upon satisfying the above conditions, the Participant will receive a unique gift card link that enables the gift card reward to be redeemed. In the event of a Personal Loan with a co-borrower, only the primary borrower will be eligible for a reward through the Personal Loan Gift Card Program. Rewards will ordinarily be made available within thirty (30) calendar days of the Participant’s successful Personal Loan payment.
c. Rewards
All gift card rewards earned under the Personal Loan Gift Card Program will be redeemable as gift cards from Amazon.com, unless otherwise determined by LendingClub in its sole discretion. Restrictions apply, see amazon.com/gc-legal.
In its sole discretion, LendingClub may at any time and in any circumstance choose to convey rewards to Participants in other types of gift cards or in forms other than gift cards. Depending on the form of reward, additional terms and conditions may apply. All rewards are subject to verification. We may delay the earning or redemption of any reward for purposes of investigation, and we may refuse to honor any reward for any reason, including but not limited to suspected fraud, identity theft, or any violation of these Terms, the Terms of Use, or the Privacy Policy. Unless otherwise stated, rewards have no monetary value and may not be redeemed for cash. They are not transferable and may not be auctioned, traded, bartered or sold.
d. Restrictions
There is a limit of a maximum of one (1) gift card through the Personal Loan Gift Card Program per Participant per calendar year. This offer is not valid if any of the reward eligibility conditions is not satisfied, as determined by LendingClub in its sole discretion.
3. Liability
YOU UNDERSTAND AND AGREE THAT THE RELEASED PARTIES (DEFINED BELOW) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
You agree to defend, indemnify, release and hold harmless LendingClub, all service providers involved in the administration of one or more Gift Card Programs (including but not limited to Extole, Inc.), and their respective parent companies, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of any Gift Card Program (collectively, the “Released Parties”), from any and all claims, actions, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to any Gift Card Program (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)) and/or the awarding, receipt and/or use or misuse of any benefit related to any Gift Card Program.
The Released Parties shall not be liable for any technical errors or malfunctions, data theft or corruption, any printing or typographical error, or any damage to any computer system resulting from participating in or accessing or downloading information in connection with any Gift Card Program. The Released Parties shall not be liable for failure to supply any advertised benefit, by reason of any acts of God, any action or request by any governmental or quasi-governmental entity (whether or not valid), or any other activity or action that is beyond any of the Released Parties’ control.
TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ALL GIFT CARD PROGRAMS, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
4. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(A) ALL GIFT CARD PROGRAMS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS AND TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED THROUGH THE USE OF ANY GIFT CARD PROGRAM, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
(B) THE RELEASED PARTIES MAKE AND GIVE NO WARRANTY THAT (1) ANY GIFT CARD PROGRAM WILL MEET YOUR REQUIREMENTS, (2) ANY GIFT CARD PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND (3) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH ANY GIFT CARD PROGRAM WILL MEET YOUR EXPECTATIONS; AND
(C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY GIFT CARD PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
Unless otherwise specified, all credit and deposit products are provided by LendingClub Bank, N.A., Member FDIC, Equal Housing Lender (“LendingClub Bank”), a wholly-owned subsidiary of LendingClub Corporation, NMLS ID 167439. Credit products are subject to credit approval and may be subject to sufficient investor commitment. Credit union membership may be required. Deposit accounts are subject to approval. Deposit products are FDIC-insured up to $250,000 per depositor, per ownership category.
"LendingClub" and the "LC" symbol are trademarks of LendingClub Bank.
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