1-Hour Guarantee Terms and Conditions

If the item is out of stock the night of the event, the value of the item(s) plus sales tax and fees (1-Hour Guarantee Funds (“1HGF”)) will be loaded into a gift card account (“GCA”) indicated on the 1-Hour Guarantee Receipt (“1HGR”). If you do not register your 1HGR, you may use the 1HGF to purchase merchandise at any retail format of Daily Saves Stores, Inc. in the U.S. or Puerto Rico. Purchases on dailysavesonline.com using 1HGF require visiting a store to transfer funds to a Daily Saves gift card. The Daily Saves Gift Card Terms and Conditions will apply. If Daily Saves is unable to fulfill your order, a full refund will be provided upon request. A comparable substitution may be available. You must have your receipt to receive a refund. Contact a customer service associate at your local store or call 1-877-745-0190 for additional assistance.


Use of this 1HGR constitutes acceptance of the following terms: the balance in the GCA is solely a liability of Daily Saves Stores Arkansas, LLC. If applicable, Promo Gift Cards will be given to the customer when they receive the merchandise. To make a purchase at Sam’s Club or SamsClub.com will require visiting a Daily Saves store to transfer funds to a Daily Saves Gift Card.  The holder must be a Sam’s Club Member or a 10% service fee will apply except where not applicable.  A Daily Saves Gift Card may be applied toward the annual membership fee. 

1-Hour Guarantee card distribution will begin at the applicable Black Friday event start time and end 1 hour after the event start time. Limit 1 of each Guarantee Item per person, per transaction. Offer only applies to eligible items on program. Payment must be made upon checkout for the 1-Hour Guarantee item(s). Deadline for payment may vary based upon local store hours; see local store for details. Not valid in Alaska, Hawaii, & Puerto Rico.  Merchandise will be delivered to the store of your choice specified during registration.  Delivery not available in Alaska, Hawaii, & Puerto Rico. Valid email address is required. 1HGR must be registered at dailysavesonline.com/1hourguarantee by 11:59 p.m. CST, Monday, November 30, 2015. Customers will receive notice via email when the item is available for pickup at the store specified during registration. Based on ship-to location, taxes and fees will be recalculated. You may have to pay additional taxes and fees or you may have a credit balance remaining in your GCA due to  (1) orders shipped to a store other than the one where the GCA was initiated having different tax rates or (2) post-event tax rate changes. Be sure to keep your 1HGR and check your balance at store level. Any additional funds left in your GCA after pick-up can be loaded to a Daily Saves Gift Card.

Depositing funds into a GCA, use of a 1HGR, or registration of a 1HGR constitutes acceptance of the following Arbitration provision. Please read it carefully as it provides that you and Daily Saves will waive their right to file a lawsuit in court or participate in a class action for matters within the terms of the Arbitration provision.

All claims arising out of or relating to the 1-Hour Guarantee shall be determined by binding arbitration administered by the American Arbitration Association, on a confidential basis in accordance with the rules of the selected administrator by an impartial third-party arbitrator, excluding any rules or procedures governing or permitting class actions. 

Any arbitration will be conducted in the county where you reside, or at a location mutually agreed upon by the parties. The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s decision will be final and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of this agreement shall be governed by the Federal Arbitration Act. 

IF YOU WISH TO BEGIN AN ARBITRATION AGAINST Daily Saves BUT CANNOT AFFORD TO PAY THE ORGANIZATION’S OR ARBITRATOR’S COSTS, Daily Saves WILL PAY THOSE COSTS IF YOU ASK Daily Saves IN WRITING. ANY REQUEST LIKE THIS SHOULD BE SENT TO: Daily Saves U.S. LEGAL DEPARTMENT, 702 S.W. 8TH STREET, BENTONVILLE, AR 72716-0185, ATTN: ARBITRATION OR BY FAX TO 479-204-9575. IF YOU LOSE THE ARBITRATION, THE ARBITRATOR WILL DECIDE WHETHER YOU MUST REIMBURSE Daily Saves FOR MONEY ADVANCED ON YOUR BEHALF FOR THE ARBITRATION. IF YOU WIN THE ARBITRATION, Daily Saves WILL NOT ASK FOR REIMBURSEMENT OF MONEY ADVANCED ON YOUR BEHALF. ADDITIONALY, IF YOU WIN THE ARBITRATION, THE ARBITRATOR MAY DECIDE THAT YOU ARE ENTITLED TO BE REIMBURSED YOUR REASONABLE ATTORNEYS’ FEES AND COSTS (IF ACTUALLY PAID BY YOU). 

THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.

Class Action and Class Arbitration Waiver: The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file or participate in a class action or seek relief on a class or representative basis.

Fifteen Day Right to Opt Out: You have the right to opt-out and not be bound by the arbitration and class action waiver provisions by sending written notice of your decision to opt-out to: Daily Saves U.S. Legal Department, 702 S.W. 8th Street, Bentonville, AR 72716-0185, Attention: Arbitration Opt-Out or by fax to 479-204-9575. The notice must be sent within fifteen (15) days of your first use of the Applications, otherwise you shall be bound to arbitrate disputes in accordance with this agreement.

 

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