Payback Incentives Terms & Conditions

Please read these Payback Incentives™ (“Payback”) terms and conditions carefully and retain them for your records. By accepting and using the Payback program, you agree to be bound by these terms and conditions.

In these terms and conditions, “you” and “your” means the person who has purchased or received points from the Payback program and “we,” “us,” and “our” means J. Fitzgerald Group (“JFG”), our successors, affiliates, and assignees.

These terms and conditions are subject to change without notice and supersede any and all previous terms and conditions.

Purchasing Points: The program administrator is responsible for paying for all points prior to awarding them to participants. The administrator is also responsible for any transaction fees associated with the points purchase. No awards may be purchased, redeemed or distributed without first funding your account with points.

Redemption Instructions: Participants can use points they have been granted by the program administrator to redeem for merchant e-gift cards. Follow the redemption instructions provided on the Payback website to make your redemption selections. If you have available points, your redemption will be processed immediately.

Commercial Transaction: Payback is available exclusively to businesses (referred to as “Client(s)”) for the purpose of rewarding and/or incentivizing employees, customers, vendors and patrons. The value of each point is the equivalent of one U.S. dollar in purchasing power. Payback is not available for use by individual consumers.

Nature of the Points: Points awarded via Payback to participants are not legal tender and cannot be used as a method of payment. The points do not represent a contract, agreement, or offer for a contract or agreement. The points awarded via Payback are not a gift card or a gift certificate. The points can only be exchanged for merchant e-gift cards equal to the value of the points available, subject to these terms and conditions. The points cannot be converted to cash or cash equivalents at any time. All points purchased are not refundable and must be used to purchase e-gift cards via the Payback website.

Forfeiture: All points sold to Client are valid as long as the Client keeps the account active. The points must be redeemed for e-gift passes prior to deactivating your account or the points will be forfeited to JFG. Any points awarded to a participant by the company administrator are the sole property of the participant and cannot be reclaimed by the Client. They must be spent by the participant prior to exiting the Client’s company.

Redemption Options: Redemption Options currently include merchant e-gift cards. Redemption Options are subject to change without notice, are only available while in supply and may be delivered to you subject to additional, specified terms and conditions as required by the third party merchant. You should become familiar with all terms and conditions that apply to each Redemption Option. You understand that all Redemption Options are provided by third party merchants, that Payback disclaims any and all warranties whatsoever with regard to such goods and services, and that any disputes regarding the goods and services shall be directed to the manufacturer or third party merchant provider. If a Redemption Option is discontinued, reasonable efforts will be made to offer a substitute of equivalent quality. Limitations: Payback is not responsible or liable for any e-gift card that is lost or stolen. Payback is under no obligation to re-issue an e-gift card that has been lost or stolen. It is the sole responsibility of the participant to retain the e-gift card and ensure it’s safe handling.

Tax Implications: Each participant is solely responsible for all federal, state, provincial and local taxes, including income taxes, in connection with his/her participation in Payback. Accordingly, it is the responsibility of each participant to properly report the amount of all of his/her Incentives Rewards to the appropriate tax agencies. Payback assumes no tax liability and does not provide any filing services or tax forms.

General: All interest earned on the value of any points purchased by a Client prior to redemption shall be the sole and exclusive property of JFG. These terms and conditions will be governed by the laws of New York, without regard to conflict of law principles. Whenever possible, each provision shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision is held to be invalid, illegal or unenforceable under any applicable law or rule, the validity, legality and enforceability of the other provisions herein will not be affected or impaired thereby. These terms and conditions, or any portion thereof, shall be subject to applicable law and VOID WHERE PROHIBITED BY LAW. You can check your Payback points balance 24 hours a day, 7 days a week by visiting us at: www.paybackincentives.com and logging into your Payback account.

Logo/Testimonial Usage: By signing up to use the Payback Incentives program, you agree to allow your company logo and any testimonials you provide to be used on the Payback marketing website for promotional purposes.