united-states consumer-protection
USA Consumer Law - Can issuer of gift card expire card without expiry date on card?
<p>I bought a highend graphics card from BestBuy. Nvidia offered a game on the card.
The invoice <strong>didn't</strong> have an expiry date at all or a website to refer to regarding terms and conditions.</p>

<p>I tried the code and it didn't work. I contacted customer support and they told me the promo expired and they cannot help me.</p>

<p>What does the law of the USA say regarding informing me as a customer with the expiry date?</p>

<p>Do they have the right to make my coupon expire without any prior notice?</p>

<p>Again, there is no reference to the sentence of "terms and conditions apply or visit a website for more information" in the invoice.</p>

<p>There are kinds of gift cards which people buy, and there are laws governing them. At the federal level, there is the <a href="https://www.ftc.gov/sites/default/files/documents/statutes/credit-card-accountability-responsibility-and-disclosure-act-2009-credit-card-act/credit-card-pub-l-111-24_0.pdf" rel="nofollow noreferrer">CARD Act of 2009</a> which in §1693l–1(c) says</p>

<blockquote>
  <p>it  shall  be  unlawful  for  any  person  to  sell  or  issue  a<br>
  gift  certificate,  store  gift  card,  or  general-use  prepaid  card
  that   is subject to an expiration date.</p>
</blockquote>

<p>but it does allow an exception if </p>

<blockquote>
  <p>the  expiration  date  is  not  earlier  than  5  years   after  the 
  date  on  which  the  gift  certificate  was  issued,   or  the  date 
  on  which  card  funds  were  last  loaded  to  a   store gift card or
  general-use prepaid card; and the  terms  of  expiration  are  clearly
  and  conspicuously stated.</p>
</blockquote>

<p>However, a "card" or piece of paper which entitles you to install free software would probably not satisfy the legal requirements of being a "gift card" in this sense. As I understand the situation, you purchased a piece of computer hardware, and as a promotional bonus they allowed you to install a game. The terms of the law are defined in subsection (a). A "General-use prepaid card" is among other things "issued in a requested amount", and not "for a specific thing". A "gift certificate" is  likewise "issued in a specified amount", as is a "Store gift card". The definition excludes "loyalty, award, or promotional gift card", which is what you seem to have been offered. If you had purchased a certificate of some kind that entitles you to get this software (not gotten a certificate in connection with buying something else), then it cannot expire in less that 5 years, and the expiration date has to be conspicuous. But that law does not apply to "bonuses" that you get when you buy another thing.</p>
