GIFT CARD TERMS AND CONDITIONS

Cousins Submarines, Inc. ("Cousins") offers Cousins Subs Cards for sale and use pursuant to the following terms and conditions. Your purchase, use or registration of a Cousins Card is your acknowledgement and submission to these terms and conditions, and as well as future terms and conditions and program changes.

  1. Cousins offers Cards for amounts ranging from $5.00 to $100.00. Cards may be used for purchases at participating Cousins Subs locations. Cards are reusable and reloadable. To deter fraud, balances are non-refundable, except where required by law, and must be used for purchases at participating Cousins Subs locations.
  2. Cards may be individually purchased at any participating Cousins Subs location. Cards may be purchased directly from Cousins in lots of 25 cards or more.
  3. Cards should be treated like cash. You assume sole responsibility and risk of loss on your receipt of a Card. Cousins has no responsibility for a lost, stolen or damaged card. Your sole recourse, in the event of loss, damage or theft of a card, is if you have registered your Card at www.mycousinssubscard.com.
  4. Cards are not subject to resale. Additionally, you may not use a Card in any way that, in Cousins' sole discretion: (i) is illegal or indecent; (ii) may subject Cousins or its affiliates, or the Cousins Subs brand or marks to ridicule, scandal, reproach, scorn or indignity; or (iii) has a negative impact on the goodwill associated with Cousins or its affiliates, or the Cousins Subs brand or marks. Cousins reserves the right to void any Card, and to forfeit any outstanding balance on any Card, which has been resold or used for such purposes.
  5. Cousins, and its affiliates make no guarantees, warranties or representations of any kind, expressed or implied, with respect to the Cards or Card program, and shall not be liable for any loss, expense, damage or injury incurred as a result of any defect in or failure of such items. COUSINS SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. Cousins and its affiliates shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience or irregularity which may be caused or contributed to by: (i) any wrongful, negligent or unauthorized act or omission on the part of any establishment offering products and/or services through the Card program, or any of their agents, employees or independent contractors; (ii) any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not under Cousins' direct control; and/or (iii) any other cause, condition or event whatsoever beyond Cousins' direct control. In no event will Cousins or its affiliates be liable for any punitive, special, indirect, or consequential damages.
  6. You will indemnify, hold harmless and defend Cousins, its affiliates, and their respective members, managers, shareholders, directors, officers, employees and agents from and against any harm or claim that may arise from your improper use of a Card.
  7. Cousins reserves the right to change the format, elements, and terms and conditions of the Card program at any time without notice.
  8. Any dispute concerning a Card or its use, involving Cousins, will be governed by and determined in accordance with the substantive law of the State of Wisconsin, which laws will prevail in the event of any conflict of law. Any action arising out of or relating to a Card, involving Cousins or its officers, directors, employees, shareholders, members, managers or authorized agents will be commenced in a state or federal court in the State of Wisconsin and each Party irrevocably submits to the jurisdiction of such court and waives any objection such Party may have to either the jurisdiction or venue of such court. Each Party hereby waives any right it may have to a trial by jury for any disputes arising, or related to a Card.
  9. These terms and conditions embody the entire agreement and understanding regarding the Cards and supersedes all prior agreements and understandings related to the Cards. If any provision of these terms and conditions shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect and any provisions are deemed not enforceable shall be deemed modified to the extent necessary to make them enforceable.

If your state requires that Cousins refund balances, such refund must be requested by mailing your Card and a letter requesting a refund, identifying your State of residence and the State where the Card was purchased, to Cousins Submarines, Inc., N83 W13400 Leon Rd., Menomonee Falls, WI 53051.