Gift Card Terms and Conditions

  1. General Terms
    The Cheesecake Factory Gift Cards are distributed by CashStar, Inc., a Delaware corporation ("CashStar") and issued by C.F.I Promotions Co. LLC (“The Cheesecake Factory”). CashStar and The Cheesecake Factory reserve the right to change these Gift Card terms and conditions ("Ts & Cs")from time to time. Please refer to www.thecheesecakefactory.com for additional Terms and Conditions.
  2. Redemption
    The Cheesecake Factory Gift Cards are redeemable at any of The Cheesecake Factory restaurants in the United States and Puerto Rico except in the state of New Mexico.
    The Cheesecake Factory Gift Cards are available for purchase here.
    No fees of any kind will be imposed on purchasers or recipients of Gift Cards.
  3. View Your Balance
    To view your Gift Card balance, go to https://shop.thecheesecakefactory.com/order/gift-card.html or call 1-888-891-2429.
  4. Returns
    You may not return or cancel your The Cheesecake Factory Gift Card after it is received. Purchasers who wish to cancel a Gift Card purchase order prior to its delivery to a recipient should contact Customer Support.
  5. Lost or Stolen Gift Cards
    If you suspect that someone has copied or stolen your Gift Card, contact Customer Support immediately. Gift Cards will not be replaced if lost or stolen. Gift Cards have cash value and should be safeguarded accordingly.
  6. Limitations
    Gift Cards cannot be redeemed for cash, except to the extent required by law.
  7. The Cheesecake Factory Gift Card Customer Service
    If you need assistance with any aspect of your purchase, ownership, or use of your Gift Card, please contact Customer Support. Please refer to your order number, or be ready to supply your email address.
  8. Payment Methods
    The Cheesecake Factory Gift Cards may be paid for with a valid VISA, MasterCard, Discover, American Express card, or with PayPal.
  9. Delivery Information and Requirements for Gift Card Purchasers
    All orders of Gift Cards are subject to a process that compares purchaser information provided on the web site with information about the purchaser provided by the purchaser's financial institution. If there is a discrepancy, your Gift Card order may be delayed until it can be corrected.
    If you have concerns about your order, please contact Customer Support. Please refer to your order number, or be ready to supply your email address.
    We are not responsible for Gift Cards that are undeliverable or not received due to your failure to enter an accurate physical address or email address for the recipient. Please check to make sure the address of the recipient is correct and contact Customer Support if you suspect the recipient did not receive his/her Gift Card.
  10. Additional Terms of Use for Gift Cards
    1. Where prohibited by law, you may not use a Gift Card to pay for alcoholic beverages
    2. Gift Cards are not valid in the state of New Mexico
    3. By visiting https://thecheesecakefactory.cashstar.com you agree to these Gift Card Terms and Conditions as well as any additional terms at www.thecheesecakefactory.com and any terms printed on the Gift Card or accompanying materials.
  11. Reasons for Failed Delivery of eGift Cards
    Because eGift Cards are delivered via email, it is possible delivery will fail for the following reasons:
    1. Spam filter blocked email or routed it to a bulk/spam folder
    2. Recipient's firewall blocked the email
    3. Email inbox is over size limit
    4. Invalid email address
    If a spam filter is blocking giftcards@cashstar.com emails from getting to an inbox, the email options will need to be modified so that giftcards@cashstar.com emails are not considered spam.
    If you need further assistance, contact Customer Support. Please refer to your order number, or be ready to supply your email address.
  12. Personalized Messaging and Uploaded Images
    If you wish to add a personal message to an eGift Card, simply type your message in the Message field on the Gift Card preview. You may also upload your own image for display on an eGift Card. There is no additional charge to include your own image.
    Personal messages are limited in length to the space provided on the eGift Card. There is no additional charge to include a personalized message. Personalized eGift Cards may not contain:
    1. Material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
    2. Any ideas or content that you consider proprietary;
    3. Material that is inappropriate, rude, crude, derogatory, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous (as determined by CashStar or The Cheesecake Factory in their sole discretion);
    4. Material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age (as determined by CashStar or The Cheesecake Factory in their sole discretion); or
    5. Material that is unlawful, or in violation of or contrary to the laws or regulations in any applicable jurisdiction.
    Any personalized eGift Card that contains any such material may be confiscated by CashStar or The Cheesecake Factory and replaced with a gift card of equal value. If we determine an image infringes upon another party’s intellectual property, we will replace your image with the following image:
    Replacement Image
  13. Limitation of Liability
    NEITHER CASHSTAR OR THE CHEESECAKE FACTORY, AND/OR THEIR RESPECTIVE PARENT COMPANY, SUBSIDIARIES AND AFFILIATES AND THEIR EMPLOYEES, SHAREHOLDERS AGENTS OR BROKERS (“WE” OR “OUR”) MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO eGift CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF A GIFT CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD. WE WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS OR LINE FAILURES. WE WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR THE INABILITY TO USE GIFT CARDS, EVEN IF WE ARE NEGLIGENT OR IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, OUR TOTAL LIABILITY FOR ANY LOSS, DAMAGES OR CAUSE OF ACTION (INCLUDING CONTRACT, TORT, STRICT LIABILITY, ETC.) SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR A 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 LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
  14. Disputes
    Except with respect to principles of conflicts of laws, any dispute arising from these Terms and Conditions or from any use of a Gift Card shall be resolved in accordance with the laws of the state of California, in Los Angeles, California, and the prevailing party as determined by the trier of fact in any such action, proceeding, litigation or other dispute resolution forum or judicial proceeding shall be entitled to recover its reasonable attorney's fees and costs.

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