Card Holder Agreement

This Agreement describes the terms and conditions that govern your use of your pre-paid Phantom Gourmet Restaurant Gift Card (the “Gift Card”). This Agreement is made between PGC INC. (“PGC”) and you. For purposes of this Agreement the term “you” refers to the purchaser of the Gift Card and all subsequent holders who have received the Gift Card by gift or otherwise. BY PURCHASING OR USING THE GIFT CARD, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS STATED IN THIS AGREEMENT. PLEASE KEEP A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

Use of the Gift Card. You may redeem your Gift Card for food and beverage charges (including tips and taxes at the restaurant’s discretion) at the time of payment at any of the participating restaurant locations (“Restaurants”). Your Gift Card may be used up to, but not above, the available balance of your Gift Card. When your Gift Card is purchased, the available balance of your Gift Card will be the activated value of your Gift Card. This available balance will be reduced by each purchase until your Gift Card balance reaches zero. Your Gift Card will automatically terminate when it has a zero balance. After your Gift Card is terminated, transactions on your Gift Card will be declined. If your purchase amount exceeds the available balance of your Gift Card, you must combine the use of your Gift Card with another form of payment accepted by the Restaurant.

Use Limitations. To the extent permitted by applicable law, your Gift Card is non-refundable and may not be redeemed for cash. Use of your Gift Card is subject to the limitations and rules of the Restaurant at which you redeem your Gift Card. Not every restaurant featured on Phantom Gourmet or its website participates in the Gift Card program. You may not use your Gift Card at any non-participating restaurant. All Restaurants are subject to change. Please visit our website at PhantomGourmet.com/giftcard prior to each use of the Gift Card to view the most recent updated listing of Restaurants. PGC reserves the right to cancel a Gift Card if it believes that the Gift Card was obtained through fraudulent or unauthorized means.

Lost, Stolen or Destroyed Cards. Please safeguard your Gift Card and treat it like cash. Your Gift Card cannot be replaced, nor can any remaining balance on your Gift Card be transferred to a new Gift Card, if lost, stolen or destroyed.

Expiration Date and Fees. Your Gift Card will expire seven years from activation date. Your Gift Card has no activation, dormancy or other fees associated with it.

Balance Inquires. You should keep track of the available balance on your Gift Card. You may inquire about the amount of the available balance of your Gift Card online at PhantomGourmet.com/giftcard. To access information about your Gift Card, you are required to know your Gift Card number.

Billing Errors. PGC reserves the right to correct the balance on any Gift Card if it believes a billing error has occurred. PGC disclaims all liability for any such billing errors.

No Liability. PGC does not assume responsibility or liability for the actions, products, services or any other problems you may have with any Restaurant.

NO WARRANTY. PGC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE GIFT CARD, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMDEY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD. 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 limitation may not apply to you and you might have additional rights.

Additional Information. If you have questions about this Agreement, please visit our website at PhantomGourmet.com/giftcard.

Changes to this Agreement. PGC may change the terms of, or add new terms to, this Agreement at any time without giving you prior notice. Please visit our website at PhantomGourmet.com/giftcard prior to each use of the Gift Card to view the most recent version of this Agreement.

Miscellaneous. In the event that any provision of this Agreement shall be determined to be illegal or unenforceable, that provision will be eliminated or adjusted to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts notwithstanding any conflict of law rules. This Agreement is the complete and exclusive statement of agreement between you and PGC regarding your Gift Card. PGC may assign this Agreement to a third party without notice to you.

This Gift Card is issued by PGC INC. The Phantom Gourmet name and logo are registered trademarks of Phantom Gourmet, Inc. All rights reserved.