Vehicle Incentive Offer Terms and Conditions
Stuff Our Lawyers Want You to Know
PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY BEFORE REQUESTING OR PARTICIPATING IN ANY OF THE VEHICLE INCENTIVE OFFERS. DO NOT REQUEST AN OFFER CODE FOR AN INCENTIVE OFFER IF YOU HAVE NOT READ OR DO NOT AGREE TO THESE TERMS.
THESE TERMS AFFECT YOUR LEGAL RIGHTS BY REQUIRING BINDING ARBITRATION OF CLAIMS, WAIVING CLASS ACTION CLAIMS, AND WAIVING THE RIGHT TO TRIAL BY JURY (SEE SECTION 2 OF GENERAL CONDITIONS BELOW). IF YOU DO NOT AGREE TO ARBITRATE YOUR CLAIMS, DO NOT REQUEST AN OFFER CODE. BY PARTICIPATING IN ANY OF THE OFFERS OR REQUESTING AN OFFER CODE, YOU AGREE ALL CLAIMS OR DISPUTES BETWEEN US THAT ARISE OUT OF OR RELATE TO YOUR PARTICIPATION MUST BE RESOLVED THROUGH MANDATORY, BINDING ARBITRATION, RATHER THAN LITIGATION IN COURT. YOUR REQUEST FOR OR USE OF ANY OFFER CODE SIGNIFIES YOUR AGREEMENT TO THESE TERMS.
Participation and use of the Program Site is further subject to the AutoTrader.com Visitor Agreement.
ACCEPTANCE OF TERMS AND CONDITIONS:
By submitting a request to participate in an offer or to receive an offer code, you fully and unconditionally accept, and agree to be bound by these Terms. You further acknowledge that each offer on the Program Site is contingent upon fulfilling all the requirements set forth herein. If you do not agree to any of these Terms, then please do not submit a request to participate in an offer or to receive an offer code.
Stuff We Want You to Know (How This Program Works)
- The offers are open only to eligible autotrader.com visitors, who are legal residents of the United States, 18 years of age or older (or the age of majority in the state of residence) and who have received the offer. Offer Codes are transferrable only to eligible individuals within the same household who meet these eligibility requirements and are legally able to purchase a qualifying vehicle.
- The offers are not valid for, and offer requests will not be honored for, any club, organization, group, legal entity, reseller, dealer or distributor.
- Employees of AutoTrader.com, Inc. (“AutoTrader”), are not eligible and employees of participating dealers and auto manufacturers or their respective affiliates and retailers may not be eligible.
- AutoTrader, Fulfillment Administrator and participating dealers and auto manufacturers reserve the right to invalidate or refuse offer requests and redemption requests from ineligible participants.
- Offer code must be redeemed in accordance with the offer terms prior to the take delivery by date stated to qualify and be valid.
Offers and redemption of offer requests are provided by the auto manufacturer and facilitated by the provider listed within the offer and not by AutoTrader.
- Offers are subject to the terms and restrictions herein and as set forth in the offer from the auto manufacturer as presented on autotrader.com (“Program Site”)
- Offer is available only for the certain new vehicle makes, models, model years and/or trims specified by the offer.
- Check with participating dealers for vehicle availability.
- The offer is available only for qualified buyers of qualifying vehicles at a participating dealer listed with the offer. Qualified buyers are buyers that meet the above restrictions and eligibility requirements. Qualifying vehicles are vehicles that meet the requirements above.
- The offer is not valid unless all of the offer terms and requirements for the offer are met. Please consult the terms and restrictions provided with the offer and follow the instructions for making the offer request and offer redemption. Certain offers require that the unique and valid offer code must be presented to the participating dealer at the time of participation in the offer to have the dealer verify and authorize the offer code prior to the offer expiration date in order to redeem the offer.
Users on the Program Site may, from time to time, be presented with an offer from an auto manufacturer and can sign up for the offer by following the presented instructions and providing the requested information. Upon completion of the offer request form, a unique offer code will be provided to the requesting user along with instructions to complete the offer, what vehicle(s) qualify for the offer, and when the offer expires. For incentive offers that require the purchase of a qualifying vehicle to receive the applicable incentive, the user must purchase a qualifying vehicle at a participating dealer before the take delivery by date to be eligible to receive the incentive, subject to verification by the participating dealer and compliance with all applicable terms and conditions.
For certain offers, following purchase of the qualifying vehicle from a participating dealer prior to the offer take delivery by date, you must visit
kbb.com/offers (“Redemption Site”) and submit the unique offer code and requested information, including the Vehicle Identification Number (VIN) of the purchased vehicle and your mailing address, to redeem the offer. Redemption of the unique offer code with the valid VIN number of the purchased vehicle at the Redemption Site is a condition precedent to fulfillment of the offer by the provider.
For certain offers, after validation of the offer code, the Fulfillment Administrator will send an email to you confirming receipt of your redemption request and the estimated time for delivery of the applicable offer incentive. The Fulfillment Administrator sends applicable incentives to the name and email address or physical address of the individual whose name was provided in the initial request for offer code.
If applicable for the specific offer, please allow up to 60 days after receipt of the redemption request for receipt of your applicable incentive.
More Stuff Our Lawyers Want You to Know
1. GENERAL CONDITIONS:
Offer incentives may be subject to income tax. You are responsible for all applicable taxes.
Purchase must be of a qualifying vehicle from a participating dealer as identified in the offer within in the United States.
Invalid or expired offer codes will not be honored. Offer codes cannot be assigned or transferred, except as provided in these Terms. Offer codes are good for one-time use only and multiple redemption requests will not be honored. Offer codes do not have any cash value and are not-redeemable for cash.
Ensure your email settings will allow for receipt of emails from AutoTrader and Fulfillment Administrator.
Proof of submission of an offer code request or redemption request will not be deemed to be proof of receipt of by AutoTrader, any participating dealer or the Fulfillment Administrator.
AutoTrader and its partners, including the participating auto manufacturers and dealers reserve the right, without liability, to: (i) cancel, modify, suspend, terminate, extend and/or postpone the offers for any reason at any time, including, but not limited to, fraud, newly enacted rules, laws or regulations, systems malfunctions, failure or difficulties, force majeure events, and/or (ii) reject your code request or redemption request for any reason permissible under applicable law and/or any reason set forth herein, including but not limited to: tampering with the offers or Program Site; using fictitious names, multiple e-mail addresses or offer codes to obtain additional rewards; abusing or disrupting the administration, conduct, operation, or security of the offers or Program Site; failure of addresses and names on documents to match; test drive or purchase of vehicle other than a qualifying vehicle at a participating dealer, test drive or purchase of vehicle outside the offer period; illegible or incomplete code request or redemption request; test drive, purchase of vehicle from a dealer not participating; multiple redemption requests by an individual in violation of these Terms; or other violations of these Terms.
Any attempt by any individual(s), including you, to tamper with the administration, conduct, operation or security of the Program Site or individual offer may be a violation of these Terms, criminal and/or civil law and should such an attempt be made, AutoTrader, the participating auto manufacturer and dealer and Fulfillment Administrator reserve the right to seek damages from any such individual to the fullest extent of the law.
Failure to enforce any term of these Terms will not constitute a general waiver of that term or any other term in any other instance.
The Program Site and individual offers are void in all U.S. states where prohibited or restricted by law.
2. DISPUTE RESOLUTION — MANDATORY ARBITRATION AND CLASS ACTION WAIVER
- ARBITRATION AGREEMENT. YOU AND AUTOTRADER AGREE THAT ANY CLAIMS OR DISPUTES (“CLAIMS”) THAT ARISE OUT OF OR RELATE IN ANY WAY TO THESE TERMS, THE PROGRAM SITES, ANY OFFER SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION OR IN SMALL CLAIMS COURT IF THE AMOUNT OF THE CLAIM IS WITHIN THE JURISDICTION OF THE SMALL CLAIMS COURT. In arbitration, there is no judge and no jury. Instead, Claims are decided by an arbitrator whose authority is created by and governed by this arbitration agreement. Review of arbitration awards in the courts is very limited.
- CLASS ACTION WAIVER: YOU AND AUTOTRADER AGREE THAT ALL CLAIMS BETWEEN US WILL BE RESOLVED IN AN INDIVIDUAL ARBITRATION. WE BOTH AGREE THAT THERE WILL BE NO CLASS, REPRESENTATIVE, OR CONSOLIDATED ACTIONS IN ARBITRATION. In addition, neither you nor AutoTrader may participate in a class or representative action in court as a class member if the claims asserted in the arbitration would fall within the scope of this arbitration agreement if asserted directly by you or AutoTrader. To be clear, you and AutoTrader both waive any right to participate in any class action involving disputes between us. This class action waiver is an essential part of our arbitration agreement and may not be severed. If for any reason this class action waiver is found unenforceable, then the entire arbitration agreement will not apply. However, the Jury Trial Waiver set forth in these Terms will remain in full force and effect.
- ARBITRATOR AUTHORITY: The arbitrator’s authority is governed by this arbitration agreement. You and AutoTrader agree that the arbitrator may award the same relief that a court of competent jurisdiction could award – consistent with and limited by these Terms (including the limitations of liability set forth in Section 4), but the arbitrator may not award declaratory or injunctive relief that extends beyond you and your dealings with AutoTrader. An arbitrator may award attorneys’ fees and costs to the prevailing party if a court would be authorized to do so under the applicable law.
- ARBITRATION PROCEDURES: You and AutoTrader agree that your agreement affects interstate commerce, and the Federal Arbitration Act applies. All arbitrations shall be conducted by the American Arbitration Association (“AAA”). The AAA’s rules are available on its website at www.adr.org or by calling 1-800-778-7879. If the Claim asserted in arbitration is for less than $75,000, the AAA Consumer Arbitration Rules will apply. If the claim is for more than $75,000, then the Commercial Rules will apply. If there is a conflict between the AAA Rules and this arbitration agreement, then this arbitration agreement shall control. For claims less than $75,000, AutoTrader will pay all filing fees and costs associated with commencing an arbitration, but you will be responsible for paying your own attorneys’ fees (if you chose to use an attorney in arbitration) unless you prevail in the arbitration and the arbitrator finds that you are entitled to recover your fees under the law. Except for claims determined to be frivolous, we agree not to seek an award of attorneys’ fees in arbitration from you even if an award is otherwise available under applicable law. The arbitration will be held in a mutually agreeable and convenient location. This arbitration agreement survives the termination or expiration of the Program or individual offer.
- JURY TRIAL WAIVER: You and AutoTrader expressly and knowingly WAIVE THE RIGHT TO TRIAL BY JURY. This means that if for any reason the arbitration agreement contained in this Section is not enforced or is found inapplicable, our claims against each other will be resolved by a judge rather than a jury.
3. RELEASE: By submitting a request to participate in an offer, to the maximum extent permissible under applicable law, you agree to release and hold harmless AutoTrader, Fulfillment Administrator, each participating auto manufacturer and dealer, and their respective parents, subsidiaries, affiliates, directors, and officers from any and all liability or any injuries, loss or damage of any kind arising from or in connection with the Program Site and offers stated herein. In releasing claims unknown to you at present, you are waiving all rights and benefits under Section 1542 of the California Civil Code, and any law or legal principle of similar effect in any jurisdiction:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
4. LIMITATIONS OF LIABILITY: To the maximum extent permissible under applicable law, neither AutoTrader, Fulfillment Administrator, nor any participating auto manufacturer and dealer shall be responsible for any: (i) incorrect or inaccurate information in the offer or administration of the Program Site or any offer, including, but not limited to, errors in advertising, these Terms, or approval or rejection of offer code requests or redemption requests; (ii) unauthorized human intervention in any part of the Program Site or any offer; (iii) electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive information due to technical problems or traffic congestion on the Internet or at any website or any combination thereof, web site users, tampering, hacking or by any of the equipment or programming associated with or utilized in the Program Site or any offer; (iv) technical or human error which may occur in the administration of the Program Site or any offer; (v) lost, delayed, late, damaged, misdirected, or undeliverable mail or e-mail; (vi) lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, damaged, garbled, or illegible offer code requests or redemption requests or incentives, offer code requests or redemption requests or incentives not received for any reason, including blocking of email by spam filters or related means; (vii) condition(s) caused by events beyond their control; or (viii) injury or damage to persons or property including, but not limited to death, which may be caused, directly or indirectly, in whole or in part, from your participation in the Program Site or acceptance or receipt of any offer or incentive item.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL AUTOTRADER, FULFILLMENT ADMINISTRATOR, OR ANY PARTICIPATING AUTO MANUFACTURER OR DEALER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES OR LOSSES OF ANY KIND (INCLUDING LOST PROFITS) RELATING TO THE PROGRAM SITE, ANY OFFER AND/OR THESE TERMS, INCLUDING, BUT NOT LIMITED TO, CLAIMS ARISING FROM BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR STRICT LIABILITY), OR ANY OTHER THEORY OF LIABILITY, REGARDLESS OF WHETHER YOU WERE ADVISED OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AUTOTRADER’S, FULFILLMENT ADMINISTRATOR’S, OR PARTICIPATING AUTO MANUFACTURER’S OR DEALER’S CUMULATIVE LIABILITY UNDER THESE TERMS AND/OR WITH RESPECT TO THE PROGRAM SITE OR ANY OFFER EXCEED THE AMOUNT OF INCENTIVE ITEM ISSUED WITH THE SPECIFIC OFFER.
5. GOVERNING LAW: The Program Site and all offers provided therein will be governed by and construed in accordance with the laws of the State of New York, excluding conflicts of law rules. You hereby agree that the state courts, and the United States federal courts, that are located in the State of New York shall each have subject matter jurisdiction hereunder and personal jurisdiction over each of the parties hereto. You hereby consent thereto, and hereby waive any right you may have to assert the doctrine of forum non conveniens or to object to venue to the extent that any proceeding is conducted in accordance with the foregoing provision.