MANHEIM REBATE PROMOTION
TERMS AND CONDITIONS
Promotion: NextGear Capital Partnership – NIADA 2021
Sponsor: Manheim Remarketing Inc. on behalf of itself and its auction affiliates
Promotion Period: Promotion begins August 23, 2021 at 12:00 AM and ends on September 9, 2021 at 11:59 PM Eastern Time Zone. Sponsor will be the official timekeeper for the Promotion.
Administrator: If you have any questions about the Promotion, please contact email@example.com
Eligible Dealerships. The Promotion is operated by Sponsor and administered by Administrator, and is open only to automobile dealerships that have a valid AuctionACCESS membership number throughout the entire Promotion Period (“5 Million Number”) and is a CLOSED Promotion- only available to those Eligible Dealerships invited by Manheim, attended the 2021 NIADA conference (August 23-26th 2021) and are new to Manheim Express inventory and are not an excluded dealership as described below, (each, a “Participating Dealership”). The determination of whether a particular dealership is eligible to participate in the Promotion will be determined in Sponsor’s and/or Administrator’s sole discretion.
Excluded Dealerships: CLOSED Promotion – only available to those Eligible Dealerships invited by Manheim (Nextgear Capital clients, who are attendees of the 2021 NIADA conference and new to Manheim Express inventory) – see Sponsor/Administrator.
Eligible Purchases. An “Eligible Purchase” is a purchase made by a Participating Dealership during the Promotion Period of a unit with a Manheim Express Concierge Inspection Guarantee via Manheim Express; OVE.com; Manheim.com; Manheim App; Manheim Express App; or Simulcast (excludes units sold by Carvana) and floored with NextGear Capital. Any purchases that do not meet all criteria listed herein will not be counted as an Eligible Purchase.
Reward(s): $50 Buy Fee Rebate per Eligible Purchase (no cap on reward) payable by credit to dealership’s account. Any other purchases subject to current buy fee contractual arrangements between buyer and Manheim.
Reward Distribution. Rewards shall be distributed within 30 (thirty) days after the close of the Promotion Period.
TERMS AND CONDITIONS:
This Promotion is subject to all applicable laws and regulations. Receiving a Reward in connection with this Promotion is contingent upon the dealership complying with all of the requirements in these terms and conditions for the Promotion (the “Terms”). ALL REWARDS WILL BE PROVIDED DIRECTLY TO THE PARTICIPATING DEALERSHIPS AND NOT TO THE INDIVIDUAL PERSON WHO MADE THE ELIGIBLE PURCHASES ON BEHALF OF THE PARTICIPATING DEALERSHIP.
The Promotion works by offering a reward to the Participating Dealership that makes an Eligible Purchase during the Promotion Period.
Participating Dealerships making Eligible Purchase(s) will receive a Reward. Rewards and individual components of Reward packages are subject to availability. Sponsor and Administrator reserves the right to substitute Rewards or components of Reward packages with a reward or component of equal or greater value. Rewards earned in this Promotion will be awarded directly to the relevant Participating Dealership via a method to be determined in Sponsor’s sole discretion.
It is your sole responsibility to review, understand and comply with your employer’s gift and/or ethics policies regarding your eligibility to participate in promotions. Sponsor and Administrator each disclaims any and all liability or responsibility for disputes arising between an employee and their employer related to this promotion.
ADDITIONAL REWARD TERMS
Participating Dealerships may waive the right to receive a Reward. Rewards may be combined with other offers. No substitutions for the Reward are allowed. Participating Dealerships that receive a Reward are solely responsible for reporting and paying any taxes on the award. The Participating Dealership receiving a Reward may be required to provide valid tax information to Sponsor and/or Administrator or complete any tax forms required by the applicable government authority.
Participating Dealerships and, when applicable, the individual participating in the Reward, may be required to complete a liability and publicity release (except where prohibited by law), which must be notarized and returned within ten (10) days of notification that the Participating Dealership has qualified to receive a particular Reward or of the Participating Dealership providing to Sponsor and Administrator the names of those who will participate in a Reward, as applicable.
RELEASE AND LIMITATION ON LIABILITY
BY PARTICIPATING IN THIS PROMOTION, EACH PARTICIPATING DEALERSHIP AND ITS AGENTS AGREE TO FULLY RELEASE, FOREVER DISCHARGE, AND HOLD HARMLESS SPONSOR, ADMINISTRATOR, AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, SUPPLIERS, DISTRIBUTORS, ADVERTISING AND PROMOTION AGENCIES, AND AWARD SUPPLIERS AND EACH SUCH COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM AND AGAINST ANY CLAIMS, COSTS, LIABILITIES, LOSSES, INJURIES, AND DAMAGES ARISING OUT OF OR RELATED TO THE PROMOTION OR THE RECEIPT AND/OR USE OF ANY REWARD TO THE FULLEST EXTENT PERMITTED BY LAW. EACH PARTICIPATING DEALERSHIP AND ITS AGENTS FURTHER AGREE THAT THE RELEASED PARTIES’ TOTAL LIABILITY TO ANY PARTICIPATING DEALERSHIP FOR CLAIMS ARISING FROM OR RELATED TO THIS PROMOTION IS LIMITED TO $500 (USD).
PARTICIPANTS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF RELEASED PARTIES OR ANY PART OF THE CONTEST MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
In the event the Promotion is compromised by a virus, non-authorized human intervention, tampering, or other causes beyond the reasonable control of Sponsor, which corrupt or impair the administration, security, fairness, or proper operation of this Promotion, Sponsor reserves the right in its sole discretion to suspend, modify, or terminate the Promotion. Should the Promotion be terminated prior to the stated end of the Promotion Period, Sponsor reserves the right to award any Rewards based on the Eligible Purchases made before the termination date.
By participating in the Promotion, each participant agrees to be bound by these Official Rules and the decisions of Sponsor and any Promotion administrators selected by Sponsor, which are final and binding in all respects. Failure to comply with these Official Rules may result in disqualification. Sponsor reserves the right at its sole discretion to disqualify persons found tampering with or otherwise abusing any aspect of this Promotion as solely determined by Sponsor. Sponsor reserves the right to cancel or modify the Promotion for any reason, including, but not limited to, in the event the Promotion is compromised by a virus, non-authorized human intervention, tampering or other causes beyond the reasonable control of Sponsor which corrupt or impair the administration, security, fairness, integrity or proper operation of the Promotion as determined by Sponsor, in its sole discretion. Should the Promotion be terminated prior to the stated expiration date, Sponsor reserves the right to award prizes based on the entries received before the termination date. Proof of sending or submission of an entry will not be deemed proof of receipt by Sponsor.
ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Privacy and Website Terms
Except where prohibited, acceptance of any prize constitutes the winner’s irrevocable consent to the publication or other use by Sponsor and its licensees of his or her name, biographical information, dealership name and address, and likeness in any and all media now or hereafter devised, including the Internet, worldwide in perpetuity, for any commercial, publicity or Promotion-related purpose (“Advertising”), without notice, limitation, review or approval, or additional compensation. All copyright, trademark or other intellectual property rights in such Advertising shall be owned by Sponsor or its licensees and winners hereby disclaim and waive any claim of right to such Advertising. Potential winners will be announced according to the Promotion rules as they are selected, and by entering the Promotion, participants consent to such disclosure.
In the event that any provision of these Official Rules is determined to be invalid or otherwise unenforceable, the rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. Any disputes arising in connection with this Promotion will be governed by the laws of the United States and the laws of the State of Georgia. By participating in this Promotion, participants consent to the exclusive jurisdiction and venue of the state and federal courts in Fulton County, Georgia, in all disputes arising out of or related to this Promotion.