HARDEE’S® GIFT CARD TERMS

 

 

 

 

Full Gift Card Terms and Conditions

As of January 1, 2025

 

Terms:  These terms and conditions (the “Terms”) govern the Hardee’s Gift Cards (each a “Gift Card”) and constitute a legally binding agreement between the Card Issuer and you (the “Agreement”).  Your purchase, use or acceptance of a Gift Card constitutes your agreement to the Terms.   Please read this Agreement carefully.   The Terms include a change in terms provision.  In addition to these Terms, your purchase, use or acceptance of Hardee’s Gift Cards is also subject to the Hardee’s Terms of Service and the Privacy Policy  which are expressly incorporated into and constitute a part of these Terms.

 

In the case of any conflict between the Terms and the incorporated terms referenced above, the Terms shall control. If you do not agree with the Terms or the incorporated terms referenced above, do not purchase or accept a Gift Card.

 

The Gift Card Issuer and Obligor

The Gift Cards are issued by CKE Marketing Services LLC. (the “Card Issuer”).  CKE Marketing Services LLC. is the sole card issuer and the sole obligor to the card owners.   The Gift Cards are sold or distributed by authorized retailers or distributors (“Retailers”) on behalf of CKE Marketing Services LLC.  However, these Retailers are neither the Card Issuer nor an obligor to you or to any card owner. Your contractual party in relation to the Gift Card is CKE Marketing Services LLC as the Card Issuer and you have no claim in respect of the Gift Card against any Retailers.  You agree to the foregoing and acknowledge that it results in, or shall be deemed to result in, a novation under which CKE Marketing Services LLC  is the sole and only obligor to you. Card Issuer may delegate its issuer obligations to an assignee, without recourse.  If delegated the assignee, and not Card Issuer, will be the sole and only obligor to the card owner.

 

Purchasing Gift Cards

Gift Cards may be purchased only in the United States and only online at https://www.buyatab.com/custom/hardees/ and authorized selling outlets.  For a list of authorized selling outlets, visit https://www.hardees.com/locations.  Gift Cards purchased in the United States will be denominated in United States Dollars.   A Gift Card will not be valid unless and until it is properly acquired and activated.  A Gift Card will not be valid if obtained by you from unauthorized sellers or resellers including from Internet auction sites.  Once purchased, the most physical Gift Cards and all digital Gift Cards will be reloadable. Some physical promotional Gift Cards may not be reloadable.  A Gift Card may be purchased and loaded in the minimum amount of $5.00 up to maximum amount of $100.00.

 

If you have any doubt about which Retailers are approved or authorized, please contact us. Note that additional terms may apply depending on where you bought the Gift Card from, and it is your responsibility to check any Retailers’ terms that apply in addition to these Terms.

 

Gift Card Purchase Warnings

Gift cards are popular consumer products.   Unfortunately, they are targets for fraud and scams perpetrated by fraudsters and scammers designed to entice targets to buy a Gift Card. For more about fraud schemes visit stopgiftcardscams.com. Be vigilant.  Do not purchase a Gift Card unless you are purchasing it as a gift or for your personal use.  If anyone insists you buy a Gift Card for use to make a payment, then do not purchase the Gift Card.  Card Issuer is not responsible for, and assumes no liability to you for, any unlawful conduct or fraud by any third party associated with any Gift Card.

 

Gift Card tampering is a major fraud scheme. Fraudsters remove a 

card from a sales rack, tamper with the packaging, steal the card number, scratch the PIN pad, steal the PIN, replace the PIN pad, and return the card to the rack.  Then they wait until a purchaser buys the card.   When it is activated upon sale, they deploy the stolen card numbers to use the card and drain its value resulting in the purchaser holding a valueless card. Be vigilant. When buying a card, examine packaging. For information visit stopgiftcardscams.com.

About the Gift Card

The Gift Cards are closed-loop instruments which means they are only redeemable or usable for purchases made online at hardees.com and toward any purchase at participating Hardee’s restaurants in the U.S.  The Gift Cards are limited-value and limited-use cards.   They are not debit or credit cards, deposit accounts, or linked to a deposit account.  Your Gift Card is not issued a bank issued card.

 

Redemption of Gift Card

The Gift Cards are redeemable only to purchase merchandise online at hardees.com and toward any purchase at participating Hardee’s restaurants in the U.S. Your Gift Card is redeemable only up to the available balance of the Gift Card.  If you want to use your Gift Card to make purchases of merchandise in excess of the balance, you must combine use of the Gift Card with another acceptable form of payment.  The Gift Card cannot be redeemed for cash except as required by law.  

 

Limitations on Use

The Gift Cards are subject to limitations on use.  Your Gift Card is not redeemable or usable (a) to purchase another Gift Card, (b) to make payment towards previously purchased merchandise, (c) at merchants other than CKE Marketing Services LLC.  The Gift Cards cannot be used in or in furtherance of an illegal transaction.  The Gift Cards cannot be redeemed for cash except as required by law.

Resale is Prohibited

You may not sell a Gift Card or otherwise barter or exchange a Gift Card for value.  However, consistent with its intended purpose, you may give a Gift Card to another person for no monetary consideration as a gift.

 

No Refunds/All Sales Final

All purchases of Gift Cards are final. You may not return, exchange or cancel your Gift Card after it is purchased.  The Gift Cards are not refundable for cash unless required by law. 

 

Risk of Loss, Damage, Theft or Unauthorized Use

Title to the Gift Card and risk of loss passes to the Gift Card purchaser when a Gift Card is delivered.   With respect to physical Gift Cards or digital Gift Cards purchased at a physical location (as opposed to online) that occurs upon delivery of the physical Gift Card or digital Gift Card to the purchaser.  With respect to an online purchase of a physical Gift Card, that occurs upon delivery of the physical Gift Card to the purchaser designated recipient.  With respect to an online purchase of and the electronic delivery of a digital Gift Card, that occurs when the digital Gift Card is clicked by the sender as sent.  Card Issuer shall be responsible for Gift Cards that are lost, damaged, stolen, or used without authorization.  Although they are not cash, you should protect your Gift Card like you do cash.   Gift Cards will not be replaced or replenished if lost, damaged, stolen, or used without authorization.

 

Balance Inquiry

To see your Gift Card balance go to https://www.buyatab.com/custom/hardees/.

 

No Expiration Date 

Your Gift Card balance does not expire.  However, a Gift Card may (or may not) be subject to escheat to an appropriate state or territory if and as required by applicable unclaimed property laws.  For information about escheat, visit unclaimedproperty.org.  If escheat occurs, you may inquire about the status of the Gift Card funds by contacting our call Guest Relations at (877) 799-7827.  Your Gift Card may not be usable to purchase goods or services in the event the redeeming merchant ceases business or the program is terminated for business reasons. In that event, call Guest Relations at (877) 799-7827 for instructions regarding the use of your card.

 

No Fees 

No fees for inactivity, maintenance or service fees apply to your Gift Card. Card Issuer reserves the right to refuse to honor any Gift Card in the event of a disputed credit card charge, bounced check or other failure of consideration.

 

Fraud & Unauthorized Transactions

You are responsible for all transactions associated with your Gift Card, whether authorized or unauthorized.  Consequently, you should safeguard your Gift Card and not disclose your Gift Card information.  Card Issuer reserves the right to assert all available remedies or countermeasures in the event of suspected abuse or fraud. Such remedies and measures shall include, without limitation, the blocking of a Gift Card from use or the refusal by the Card Issuer to issue or honor a Gift Card.  Such remedies and measures also shall include the right to void a Gift Card without any refund in the event a Gift Card was obtained by theft or fraud

 

Governing Law

The laws of the State of Tennessee, without regard to its principles of conflict of laws, shall govern this Agreement.

 

Limitation of Liability

CARD ISSUER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY GIFT CARD INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF A GIFT CARD IS NON-FUNCTIONAL, DUE TO A SYSTEM ERROR, YOUR SOLE REMEDY SHALL BE THE REPLACEMENT OF THAT GIFT CARD. UNLESS PROHIBITED BY LAW, CARD ISSUER AND YOU AGREE TO LIMIT CLAIMS FOR DAMAGES OR OTHER MONETARY RELIEF AGAINST EACH OTHER TO DIRECT ACTUAL DAMAGES.  AND CARD ISSUER AND YOU WILL NOT SEEK ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE, OR PUNITIVE DAMAGES FROM THE OTHER. 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 LIMITATIONS MAY NOT APPLY TO YOU.

 

Change in Terms

 

Card Issuer reserves the right to modify these Terms at any time in our sole discretion for the limited purposes (a) to describe modifications, if any, regarding redemption limitations, (b) to define modifications in limitations of use, (c) to describe courses of action in the event the Gift Card program is terminated, (d) to clarify existing terms and conditions, (e) to address changes in information such as links, or (f) to make other changes made in good faith provided that such other changes do not include (i) the addition of an expiration date, (ii) the application of new fees regarding the use or non-use of the Gift Cards, (iii) a change to the Arbitration Agreement, or (iv) a change to this Change in Terms clause.  These changes will be made at Hardee's Gift Card Terms without additional notice. The most current version of these Terms will be available on that site and will supersede all previous versions of these Terms except as otherwise specified.

 

Severability

Should the terms and conditions of this Agreement, or any part thereof, be determined by any court, tribunal, arbitrator, or agency to be unenforceable, void, or voidable, or should any court, tribunal, arbitrator, or agency refuse or decline to enforce these terms and conditions or any part thereof, the remainder of these terms and conditions and all parts of it shall remain in effect, valid, and enforceable.

 

Cardholder Notices

Card Issuer does not maintain names or addresses of Cardholders. Therefore, notices regarding this Card Agreement will be published at the Cardholder Notices page of ____________.

 

Acknowledgment

YOU ACKNOWLEDGE THAT YOU UNDERSTAND THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, THE AGREEMENT TO ARBITRATE.