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SUBWAY® CARD TERMS AND CONDITIONS

The following SUBWAY® Card Terms and Conditions apply to the use of SUBWAY® Cards, and constitute an agreement (the “Agreement”). Use of a SUBWAY® Card constitutes acceptance of this Agreement, as well as our Site Terms of Use and Privacy Policy

The SUBWAY® Card currently comes in two forms: (i) a physical Card; and (ii) an electronically-transmitted eCard. In this Agreement, the term “SUBWAY® Card” refers to both the physical version of the Card and the eCard, except where indicated otherwise.

Note: This Agreement includes a binding arbitration provision, a class action and jury trial waiver, and limitations on liability and damages.

Changes to the SUBWAY® Rewards program are coming in 2017. Please check back in the coming months for more information and new terms and conditions.

About Your SUBWAY® Card – In General

The SUBWAY® Card is issued by Value Pay Services LLC ("VPS" or "We"). The physical SUBWAY® Card is usable up to its balance only to purchase goods or services at participating SUBWAY® restaurants in the U.S. and Canada, online at www.subway.com or through the SUBWAY® App, and at the SUBWAY® Mini-Digital Store managed by Openbucks. The SUBWAY® eCard is usable up to its balance only to purchase goods or services at participating SUBWAY® restaurants in the U.S. via online ordering through www.subway.com or the SUBWAY® App, and at the SUBWAY® Mini-Digital Store managed by Openbucks. The eCard is only available in USD and must be registered prior to use.

The SUBWAY® Card must be presented at the time of order to purchase goods or services. To find participating SUBWAY® restaurants in the U.S. and Canada, click here. We cannot guarantee acceptance of your SUBWAY® Card at all SUBWAY® restaurants because SUBWAY® restaurants operate as independent franchises. We also reserve the right to refuse to accept or otherwise limit the use of any Card if we reasonably believe the use is unauthorized or unlawful.

The SUBWAY® Card never expires, nor do we charge any fees in connection with its use. The Card is reloadable, though limitations on reloadability and maximum balance may apply. The Card may also be used in connection with our Rewards Program, as set forth below.

The SUBWAY® Card may not be used to buy additional Cards, and is not redeemable for cash except as required by law. The Card also may not be resold without the prior consent of Value Pay Services LLC. The Card is not a credit or debit card, and no credit card, overdraft protection, deposit account, or depository insurance is associated with it.

SUBWAY® Cards which have been lost, stolen, damaged, or otherwise rendered unreadable are replaceable only if the Card was previously registered and proof of purchase is provided, as set forth below.

Registration, Balance, and Activity

To create a SUBWAY® Card account and register your SUBWAY® Card, or to check the balance or activity on a registered Card, visit www.mysubwaycard.com or use the SUBWAY® App.

In order to create a SUBWAY® Card account, you must submit a valid email address. In connection with the registration process, you will receive a confirmation email which includes a link that you must click in order to validate your email address and complete the creation of your SUBWAY® Card account.

Each customer may only create one SUBWAY® Card account. Once you have created a SUBWAY® Card account and registered a SUBWAY® Card, you may add other SUBWAY® Cards to the same account through www.mysubwaycard.com or the SUBWAY® App.

Your SUBWAY® Card has a Card Number and a Personal Identification Number (“PIN”) associated with it. On physical SUBWAY® Cards, the PIN can be found by scratching off the silver box on the back of the Card. For SUBWAY® eCards, the PIN will be contained in the email in which the Card is delivered. The PIN is used to help identify you when checking account information online or when talking by telephone with customer service representatives.

Reloading Value on Your Card

You can reload your SUBWAY® Card in several ways. The physical version of the SUBWAY® Card may be reloaded at participating SUBWAY® restaurants in the U.S. and Canada, using cash or a credit card, and may also be reloaded online at www.mysubwaycard.com or through the SUBWAY® App using a credit card. SUBWAY® eCards may only be reloaded online at www.mysubwaycard.com or through the SUBWAY® App using a credit card.

The maximum value that can be associated with any one SUBWAY® Card at any given time is $500.00. The maximum value that can be associated with a Card on any calendar day, between beginning balance and reload activity, is $2,000.00. No single individual may purchase Cards with a total value of more than $10,000.00 on any calendar day.

The SUBWAY® Card Rewards Program

Your SUBWAY® Card may also be used to participate in our Rewards Program. The SUBWAY® Card Rewards Program is a discretionary program which has been adopted by participating SUBWAY® restaurants in some but not all markets. To find participating SUBWAY® restaurants in the U.S. and Canada which have adopted the Rewards Program, click here.

You must register your SUBWAY® Card in order to be able to earn Rewards Points. Under the SUBWAY® Card Rewards Program, customers may earn one (1) Rewards Point for every dollar spent on SUBWAY® restaurant menu items. Rewards Points are rounded up or down to the nearest dollar, prior to sales taxes. For instance, a purchase of between $1.00 to $1.49 would earn one (1) Rewards Point, and a purchase of between $1.50 to $1.99 would earn two (2) Rewards Points. Earned Rewards Points may be redeemed for certain menu items, at no charge. To view the menu items which may currently be obtained with Rewards Points, and the points required, click here.

If using a physical SUBWAY® Card in a participating SUBWAY® restaurant, you must present your Card or provide the telephone number associated with the registration of your Card at the time of purchase in order to be able to earn Rewards Points. Similarly, you must present your SUBWAY® Card at the time of purchase in order to be able to redeem Rewards Points. You cannot use the telephone number associated with the registration of your Card to redeem Rewards Points.

You may also use your physical SUBWAY® Card or eCard to earn Rewards Points at participating SUBWAY® restaurants through www.mysubwaycard.com or the SUBWAY® App; however, you may not currently use your physical SUBWAY® Card or eCard to redeem Rewards Points through www.mysubwaycard.com or the SUBWAY® App.

SUBWAY® Card Rewards Points may not be earned on coupon or register discount redemptions, sales tax, or transactions using Reward Points. Nor may they be earned on Card purchases or reloads, except in connection with special promotional offers.

Earned Rewards Points have no cash value and are not redeemable for cash. They are also not transferable, and expire 36 months from the date they are earned if not used, unless stated otherwise by Value Pay Services LLC or prohibited by law.

In the event that a participating SUBWAY® restaurant is unable to load Rewards Points into your account due to technical issues, you may have the Rewards Points added retroactively. To request a retroactive award of Rewards Points online, fill out the Electronic Request Form for Rewards Points, upload a copy or photo of your purchase receipt(s) showing an entitlement to Rewards Points, and click “Submit”. You may submit one Request Form with multiple receipts.

The Request Form and receipts must be submitted and received by us within 90 days of the date of purchase in order for Rewards Points to be added retroactively. Request Forms and receipts received more than 90 days after the date of purchase will not be processed.

We reserve the right to rescind any award of Rewards Points which was incorrectly credited to an account or does not adhere to program parameters.

From time to time, participating SUBWAY® restaurants may make promotional offers which give Cardholders the opportunity to earn Rewards Points by means other than purchases of SUBWAY® restaurant menu items. Those offers may be subject to certain conditions or limitations, and the Rewards Points available may have shorter expiry dates.

Some participating SUBWAY® restaurants which have adopted the Rewards Program are currently offering SUBWAY® Cardholders who register their Cards a bonus award of Reward Points. Such Cardholders will also be entitled to an automatic retroactive award of Reward Points on any purchase made within 48 hours prior to Card registration, if the Cardholder presented his/her Card at the time of order. This promotional offer only applies to SUBWAY® Cardholders who are creating a SUBWAY® Card account profile for the first time. It does not apply to existing SUBWAY® Card account holders who add new Cards to their accounts, or who use different email addresses to create new accounts. Each customer is limited to one registration bonus award of Reward Points, and one retroactive award of Reward Points. We reserve the right to refuse or rescind any bonus award of Reward Points which does not adhere to these parameters. We also reserve the right to remove from a SUBWAY® Card account any previously-earned Rewards Points if the account holder is found to have used a false email address to register a new Card in an effort to earn a bonus award of Reward Points.

From time to time, some participating SUBWAY® restaurants may also extend promotional offers which apply when a SUBWAY® Cardholder loads value onto a registered Card. Those offers involve the accrual of bonus Reward Points, but are subject to certain conditions and limitations. SUBWAY® Cardholders who have availed themselves of this offer may redeem their Cards only for SUBWAY® menu items, but may not redeem their Cards for any other purpose if they wish the bonus Reward Points to remain in their accounts. If a SUBWAY® Cardholder who has availed him/herself of this offer attempts to redeem his/her Card for any other purpose – such as use at the SUBWAY® Mini-Digital Store managed by Openbucks – prior to using the bonus Reward Points, the bonus Reward Points will be removed from the Cardholder’s account and voided.

Unauthorized Transactions / Replacement of Cards

You are responsible for all transactions associated with your SUBWAY® Card, whether authorized or unauthorized. You should, therefore, safeguard your Card.

If you have registered a physical SUBWAY® Card and it is subsequently lost, stolen, damaged, or otherwise rendered non-functional, or if you believe that someone has copied or stolen a SUBWAY® Card, call the SUBWAY® Card Help Line at 1-877-697-8222. You will be transferred to a SUBWAY® customer service representative who will be able to freeze the remaining unused balance on your Card as of that time.

Once the SUBWAY® customer service representative freezes the remaining unused balance on your Card, complete the Card Replacement Electronic Form. We will issue a replacement Card within 2-3 weeks after the submission of your form.

Resolution of Disputes / Limitations on Liability and Damages

Please read this entire section carefully. It requires binding arbitration of most disputes instead of litigation in court, and affects legal rights that you may otherwise have.

Arbitration Rights / Class Action and Jury Trial Waiver

Any claim, controversy, or dispute arising out of or relating to your use of the SUBWAY® Card or this Agreement – whether based in contract, tort, statute, or other legal theory – shall be resolved by binding arbitration in accordance with the arbitration procedures set forth below, except that we or you may pursue relief in small claims court if the dispute falls within the applicable small claims court’s jurisdiction, and we or you may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

We and you both hereby waive the right to pursue any claim arising out of or relating to your use of the SUBWAY® Card or this Agreement on a class action, consolidated, representative, or private attorney general basis, whether in arbitration or in court. We and you also hereby waive the right to a jury trial.

For clarity, VPS is only involved in the issuance of SUBWAY® Cards and the administration of the SUBWAY® Card program. It does not own or operate any SUBWAY® restaurant, and is not in any way involved in food service. Each SUBWAY® restaurant is owned by an independent franchisee and operated as an independent business. The arbitration clause contained in this Agreement only applies to claims which actually arise out of or relate to the use of SUBWAY® Cards or this Agreement, such as disputes over credits or debits to your Card account, or redemptions required under state law. The arbitration clause does not apply to claims relating to goods or services purchased with SUBWAY® Cards at SUBWAY® restaurants. Any such claims should be directed to the individual SUBWAY® franchisees which own and operate the restaurants in question.

Arbitration Procedures

Any arbitration in connection with this Agreement shall be conducted by the American Arbitration Association (the “AAA”), in accordance with its Consumer Arbitration Rules (the “AAA Rules.”). The AAA Rules and information about the arbitration process are available at www.adr.org or by calling 1-800-778-7879.

If you wish to initiate an arbitration proceeding, you must send a letter describing your claim to Value Pay Services LLC’s registered agent, CT Corporation System, 1200 South Pine Island Road, Plantation, FL 33324. The letter must briefly explain the dispute, list the names and addresses of both you and the business(es) involved in the dispute, specify the amount of money in dispute if any, identify the requested location for the arbitration hearing if you wish to have an in-person hearing, and state what you are seeking in terms of relief. You must also either send a copy of the letter to the American Arbitration Association, Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043, or file it online using the AAA’s WebFile system, which may be accessed through www.adr.org.

The arbitration will take place in the county in which you reside and will be decided by a single arbitrator, unless the parties agree otherwise. The arbitrator will have the power to award you, on an individual basis, the same damages and other relief that a court can award under this Agreement and applicable law.

For claims of less than $1,000, we will be responsible for paying all administrative fees and costs. Otherwise, the payment of all administrative fees and costs will be governed by the AAA Rules. Reasonable attorneys’ fees and related expenses may be awarded only to the extent permitted under applicable law.

The arbitration award will be subject to limited court review, and judgment on the award may be entered in any court having proper jurisdiction. The arbitration shall be confidential, and neither we nor you may disclose the existence, content, or results thereof, except for purposes of enforcement of any arbitration award or otherwise required by law.

Limitations of Liability and Damages

We make no warranties, express or implied, with respect to the SUBWAY® Card, including but not limited to any implied warranty of merchantability or fitness for a particular purpose. In the event that your Card is lost, stolen, damaged, or otherwise rendered non-functional, your sole remedy, and our sole liability, shall be the replacement of such Card in accordance with the terms set forth above.

We and you agree that, on any claim arising out of or relating to your use of SUBWAY® Card or this Agreement, recovery of damages shall be limited to actual and direct damages, and may not include any indirect, special, consequential, enhanced, or punitive damages. We and you both hereby waive the right to seek or recover any indirect, special, consequential, enhanced, or punitive damages.

Note: In some states, the law does not permit limitations on implied warranties or the limitation or exclusion of certain types of damages. If those laws are applicable to you, some or all of the foregoing limitations and waivers may not apply to you. In that event, the limitations and waivers shall be applicable to the fullest extent permitted by law.

Extension to Related Entities / Persons and Survival

The foregoing arbitration provision, limitations, and waivers are intended to be construed broadly, and shall apply to any and all claims arising out of or relating to your use of the SUBWAY® Card or this Agreement, against any entity or person affiliated with SUBWAY®, including but not limited to Doctors Associates Inc., Franchise World Headquarters LLC, Subway IP Inc., Independent Purchasing Cooperative, Inc., VPS, any SUBWAY® franchisee in the U.S. or Canada, and any of their respective directors, officers, employees, or other representatives.

The foregoing arbitration provision, limitations, and waivers shall also survive the termination of this Agreement.

In the event that any part of this Agreement is determined by an arbitrator or court to be invalid or unenforceable, the remainder shall still be given full force and effect, to the fullest extent permitted by law.

Governing Law

We and you agree that your use of the SUBWAY® Card, and this Agreement, evidence transactions affecting interstate commerce, which render this Agreement subject to the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq.

This Agreement shall otherwise be governed by and construed in accordance with the substantive laws of the State of Florida, without reference to any rules regarding conflicts of law.

Effective Date / Changes to Terms and Conditions

These SUBWAY® Card Terms and Conditions are effective upon publication on this website. You should not use your Card if you object to this Agreement. Use of the Card constitutes acceptance of this Agreement.

We reserve the right to modify or terminate the SUBWAY® Card Terms and Conditions, or the Rewards Program, at any time, by posting notice of such modifications on this website.

Updated March 11, 2016

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