Last Updated: December 26, 2024
1. General Terms.The following Terms and Conditions describe the terms and conditions that apply to the purchase, acceptance, and use of the Walmart and Sam’s Club Gift Cards (collectively “Gift Cards”). In addition to these terms, the Walmart Terms of Use and Privacy Policy set forth on the Walmart.com website apply and are incorporated into this Agreement by reference. By purchasing, accepting, or using a Gift Card, you agree to be bound by these Terms and Conditions. For purposes of these Terms and Conditions, including the arbitration provision set forth below, the term “Walmart” shall be interpreted broadly, encompassing Walmart Inc. and Wal-Mart Stores Arkansas, LLC, and any of its predecessors, successors, assigns, parents, subsidiaries, affiliates, sister companies and each of their respective officers, directors, shareholders, employees, and agents (collectively, “Walmart Entities ”).
IMPORTANT: THESE TERMS AND CONDITIONS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND WALMART ARE EACH GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.
2. Liability. The balance on any Gift Card is solely the liability of either Wal-Mart Stores Arkansas, LLC. or Wal-Mart Shopping Card Company, as applicable.
3.Expiration. Gift Cards do not expire.
4.Returns and Refunds. Gift Cards are not returnable or refundable.
5.Purchase and Delivery.You may purchase Gift Cards at Walmart Stores, Sam’s Clubs, in-app, online at Walmart.com and SamsClub.com, and at authorized Resellers.
6. Acceptance Locations.Unless other restrictions apply, you may use Gift Cards at any Walmart or Sam’s Club in the U.S., Puerto Rico, in-app, and online at Walmart.com and SamsClub.com.
7.Redemption.Gift Cards are redeemable towards purchases of eligible goods and services. Eligible goods and services are subject to change without notice in Walmart’s sole discretion.
8.Saving to Your Account.You may save a total of 5 Gift Cards in your Walmart or Sam’s Club Account (collectively “Account”) at any time. Saving Gift Card information to your Account enables online use, it does not restrict the use of the physical card or remove the balance.
9.Check Your Gift Card Balance and Transaction History.By saving a Gift Card to your Account, you may access the balance and transaction history. You may also check the balance by calling 1-888-537-5503 or online, here.
10. The Gift Card Balance is an Estimate. The balance you see online or receive by phone is an estimate only. In most cases, when you make a purchase online or in stores, the balance adjusts immediately. There may be occasions when the balance update is delayed.
11. Consolidation. You may not consolidate or combine multiple Gift Cards to purchase a new Gift Card. We do not consolidate or combine multiple gift cards into a single Gift Card.
12. In Cash Redemption. The law requires cash redemption if your Gift Card balance falls below a certain dollar amount ONLY in these jurisdictions: CA, CO, CT, HI, MA, ME, MO, NJ, NY, OR, PR, RI, VT, WA.
13.Customer Service.You may call Gift Card Customer Service at 888-537-5503 for assistance. Gift Card Customer Service is available Monday through Friday from 7:00 AM to 9:00 PM, excluding major holidays.
14. Bulk Gift Card Program. You may use Gift Cards as personal or business gifts. If you are ordering more than $1,000 in Gift Cards, please apply for a Bulk Gift Card Account at www.walmart.com/bulkgiftcards. Approval of a Bulk Gift Card Account is at Walmart’s sole discretion.
15. Promotional Use. Walmart prohibits the use of Gift Cards in promotions and in marketing, advertising, or promotional activities through the internet, radio, magazine, direct mail, email, newspaper, and/or television broadcast. In certain circumstances, Walmart, in its sole discretion, may provide prior written approval for a promotional program. For program review, please contact shoppingcards@wal-mart.com.
16. No Affiliation with Walmart. Walmart expressly prohibits use of Walmart’s name, logo, trade dress (including any image/likeness of the cards) or trademarks (or those of any of its subsidiaries or affiliates) in connection with the purchase or use of Gift Cards. Furthermore, the use of Gift Cards in any manner that states or implies that any person, website, business, product, or service is endorsed or sponsored by, or otherwise affiliated with, Walmart or any of its subsidiaries or affiliates is prohibited.
17.Compliance with Law.By purchasing or holding a Gift Card, you are certifying and representing to Walmart that you will comply with all applicable laws, these Terms and Conditions, and that you will not use the Gift Card in any manner that is misleading, deceptive, unfair or otherwise harmful to consumers or Walmart.
18.Unlawful & Prohibited Use.You agree not to use a Gift Card in any manner that is harmful to Walmart Inc., its affiliates, or its customers. Walmart reserves the right without notice to refuse to accept a Gift Card and to take further action including but not limited to balance forfeiture and suspension or termination of Accounts.
If you engage in strictly prohibited activities, we may take further action, including criminal prosecution. Strictly prohibited activities include but are not limited to the following:
a. Sell or exchange a Gift Card for cash.
b. Purchase a Gift Card from an unauthorized third party.
c. Use a Gift Card as payment for commercial purposes.
d. Use a Gift Card to purchase ineligible goods and services.
e. Redeem a Gift Card amount if you are not the purchaser or the intended recipient.
f. Tamper with a Gift Card or Gift Card packaging.
g. Copy Gift Card(s) numbers, including redemption numbers and activation and PIN codes, without purchase.
h. Remove Gift Cards from a store without purchase and/or reshelve unpurchased Gift Cards.
i. Drain a Gift Card before the purchaser uses the funds.
j. Use a bot(s) or similar technology to check Gift Card balances online or through an Interactive Voice Response (IVR).
k. Use a Gift Card for any illegal or unauthorized purpose.
19. Lost or Stolen Gift Cards, Unauthorized Use.Walmart does not replace lost or stolen Gift Cards. Walmart shall not have liability to you for (i) lost or stolen Gift Cards (ii) use of any Gift Cards by third parties through your Account or (iii) if you provide the Gift Card redemption card number and PIN to another individual. You are solely responsible for any activity conducted under your Account and for keeping the Gift Card information and your Account password safe and secure.
20. Disputes, Arbitration, and Applicable Law.
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Arbitration Agreement.
EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, YOU AGREE THAT ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND WALMART, INCLUDING YOUR PURCHASE, ACCEPTANCE, OR USE OF GIFT CARDS OFFERED OR SOLD BY WALMART OR THE WALMART ENTITIES, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A SINGLE NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS AND CONDITIONS, YOU AND WALMART AGREE THAT EACH IS WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. This paragraph may be referred to as the “Arbitration Agreement” in these Terms and Conditions.
Class Action and Mass Action Waiver.
YOU AND WALMART AGREE THAT ANY ARBITRATION REQUIRED BY THE ARBITRATION AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS. You and Walmart each agree to waive the right to have any dispute or claim subject to the Arbitration Agreement brought, heard, administered, resolved, or arbitrated as a class arbitration, class action, collective action, or Mass Action to the maximum extent permitted by law. “Mass Action” means a situation in which a party is represented by a law firm or other representative, or a collection of law firms or other representatives, that has initiated more than one hundred (100) arbitration Demands with common questions of law or fact against Walmart within 180 days of initiating your arbitration Demand. This paragraph may be referred to as the “Class Action and Mass Action Waiver” in these Terms and Conditions. Nothing in these Terms and Conditions precludes you from bringing issues to the attention of federal, state, or local government agencies and, if the applicable law allows, such agencies may seek relief against Walmart for you.
Initiating a Demand for Arbitration.
Any arbitration required by the Arbitration Agreement shall be initiated by You or Walmart by sending the other a written demand for arbitration (“Demand”) only via first-class mail, FedEx, or UPS within the applicable statute of limitations period. Your Demand shall be delivered to: Walmart Inc. Legal Department, 702 SW 8th Street, Mailstop 0215, Bentonville, AR 72716. The Demand must include (i) the name, telephone number, mailing address, and email address of the person or entity seeking arbitration; (ii) a statement of the legal claims asserted and the factual basis for those claims; (iii) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy; (iv) the original personal signature of the party seeking arbitration; and (v) the original personal signature of any legal counsel or other representative purporting to represent the party seeking arbitration. For purposes of this paragraph, “original personal signature” does not include any digital, scanned, electronic, copied, or facsimile signature. An original personal signature on the Demand certifies the following: (i) the Demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation; (ii) the claims and other legal contentions are warranted by existing law or by a non-frivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The original personal signature by the party seeking arbitration shall verify under penalty of perjury that the factual statements contained in the Demand are true and correct. Compliance with this paragraph tolls any applicable statute of limitations as to any dispute or claim subject to the Arbitration Agreement that is stated in the Demand.
Filing a Demand for Arbitration.
A party seeking arbitration of any dispute or claim subject to the Arbitration Agreement shall submit a copy of the Demand to the American Arbitration Association (“AAA”) sixty (60) or more days after the Demand is initiated pursuant to these Terms and Conditions. The arbitration will be administered by the AAA pursuant to the current AAA Consumer Arbitration Rules, except to the extent modified by these Terms and Conditions. The AAA rules and instructions are available on the AAA website at www.adr.org/consumer.
Conduct of Arbitration.
In any arbitration of a dispute or claim that is subject to the Arbitration Agreement:
1. You or Walmart may file such dispositive motions as would be permitted by the Federal Rules of Civil Procedure without obtaining permission from the arbitrator. Upon the filing of any dispositive motion, the arbitrator may stay all further action and deadlines in the arbitration until deciding such motion.
2. The parties shall have the right to conduct such discovery from the opposing party or any third party that is proportional to the needs of the claim or dispute, considering the importance of the issues at stake, the amount in controversy, the importance of the discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its likely benefit. Proportionality shall be decided by the arbitrator when requested by either party.
3. The arbitrator shall conduct any calls, conferences, or hearings by teleconference or videoconference, unless the arbitrator determines that an in-person hearing is appropriate. Any in-person hearing will be held at a location that is reasonably convenient. You and an employee of Walmart shall attend all arbitrator calls, conferences, and hearings.
4. A party may make a written offer of judgment at least seven (7) days before the date set for the arbitration hearing.
5. If the arbitrator finds that a party’s claim, counterclaim, or appeal was frivolous, asserted in bad faith, or pursued for purposes of harassment, the arbitrator shall award the opposing party its attorneys’ fees, costs, and expenses and all amounts charged by AAA for the arbitration.
6. The arbitrator will follow these Terms and Conditions and the law. The arbitrator shall not have the authority to commit errors of law or legal reasoning. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that individual party’s claim. The arbitrator may not award relief for or against anyone who is not a party, though the individual relief awarded by the arbitrator may incidentally affect non-parties.
7. You or Walmart may appeal an arbitration award that manifestly disregards the law by filing a notice of appeal with the AAA within 30 days after an award is rendered and delivered to the parties. The appeal shall be heard by a single arbitrator unless the parties agree to a multi-arbitrator appellate panel. The arbitrator(s) assigned to the appeal shall be selected by agreement of the parties from among those on the AAA Appellate Panel. If the parties are unable to agree, AAA shall appoint the arbitrator(s) from among those on the AAA Appellate Panel. An arbitrator who previously presided over any aspect of a case shall be ineligible from serving as an appellate arbitrator in that same case. The appeal, including briefing, shall be conducted pursuant to the parties’ agreement or the appellate arbitrator(s)’ orders if the parties are unable to agree.
Process for Arbitration Bellwether Demands.
If twenty-five (25) or more Demands for arbitration of a dispute or claim subject to the Arbitration Agreement are initiated (i) that involve common questions of law or fact and (ii) where the initiating parties are represented by the same law firm, the same group of coordinated law firms, or the same representative, then such Demands shall be coordinated pursuant to this paragraph. The group of claimants and group of respondents shall each select five (5) Demands, for a total of ten (10), to be filed with AAA (collectively the “Bellwether Demands”). Each of the Bellwether Demands shall be assigned by AAA to a different arbitrator chosen from its national roster. After ninety (90) days from the date all Bellwether Demands have been arbitrated and any appeals exhausted, any remaining Demands subject to this paragraph may be filed with AAA. The AAA Supplementary Rules for Multiple Case Filings shall apply to the extent they are not inconsistent with this paragraph. Notwithstanding any other provision in the Terms and Conditions, You and Walmart agree that a court of competent jurisdiction shall have authority to enforce the terms of this paragraph with injunctive or other relief.
Severability.
If (i) any dispute or claim subject to the Arbitration Agreement is filed as a class arbitration, class action, collective action, representative action, or Mass Action and (ii) if the Class Action and Mass Action Waiver is held invalid or unenforceable as to such dispute or claim, then the Arbitration Agreement does not apply to that dispute or claim and such dispute or claim must be brought in a court of competent jurisdiction. If any provision of Section 20 of these Terms and Conditions other than the Class Action and Mass Action Waiver is held invalid or unenforceable as to a particular dispute or claim, then such provision shall be severed from the Terms and Conditions, and the remainder of the Terms and Conditions shall be enforceable to the maximum extent permitted by law.
Applicable Law.
The Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of Section 20 of these Terms and Conditions. If the FAA is found not to apply to any portion of Section 20 of these Terms and Conditions, then the applicable laws of the State of Arkansas shall apply without regard to choice-of-law principles.
21. Indemnification. You agree to defend and indemnify Walmart Inc. and its subsidiaries and affiliates from and against any claims, expenses or liabilities made against or incurred by any of them in connection with your use of the Gift Cards or violation of any of these Terms and Conditions.
22. Governing Law. Without regard to choice-of law principles, the laws of the State of Arkansas shall apply to these Terms and Conditions and the use of Gift Cards.
23. Specialty Gift Cards. When you purchase a gaming, restaurant, or entertainment Specialty Gift Card, you agree to the terms and conditions of the applicable third-party retailer. The terms and conditions of each Specialty Gift Card are available in the product detail section.
24. Updates to Terms and Conditions. Walmart may update these Terms and Conditions at any time without notice. Walmart recommends that you check these Terms and Conditions periodically for changes. If there is a conflict between these Terms and Conditions and the Walmart.com Terms of Use, these Terms and Conditions will govern.
