COX AUTOMOTIVE’S PRE-SET APPOINTMENT PROMOTION FOR 2019 NADA CONVENTION

TERMS AND CONDITIONS

ELIGIBILITY.  The Cox Automotive Pre-set Appointment promotion (the “Promotion”) is operated by Cox Automotive, Inc. (“Sponsor”), and is open only to dealerships/manufacturers that (i) have pre-scheduled an appointment with Sponsor at the 2019 NADA Convention; and (ii) attend a complete demonstration for the products and services of Autotrader, Dealer Dot Com, Kelley Blue Book, vAuto, HomeNet, Xtime, Dealertrack, VinSolutions, Manheim, and/or Clutch, at the 2019 NADA Show Expo in San Francisco, CA, which demonstration lasts approximately 30 to 60 minutes (each, an “Eligible Entity”).  The determination of whether a particular dealership/manufacturer is eligible to participate in the Promotion will be determined in Sponsor’s sole discretion.

This Promotion is subject to all applicable laws and regulations. Receiving any Reward(s) (as defined below) in connection with this Promotion is contingent upon the dealership/manufacturer complying with all of the requirements in these terms and conditions for the Promotion (the “Terms”). ALL REWARDS WILL BE PROVIDED DIRECTLY TO THE ELIGIBLE ENTITY AND NOT TO THE INDIVIDUAL PERSON, EMPLOYEE, OR AGENT WHO MADE THE APPOINTMENT ON BEHALF OF THE ELIGIBLE ENTITY.  SPONSOR HAS THE RIGHT, BUT NOT THE OBLIGATION, TO VERIFY AN ELIGIBLE ENTITY’S APPROVAL OF ANY INDIVIDUAL PERSON’S, EMPLOYEE’S, OR AGENT’S RECEIPT OF A REWARD ON BEHALF OF THE ELIGIBLE ENTITY.

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 disclaims any and all liability or responsibility for disputes arising between an employee and their employer related to this promotion.

PROMOTION PERIOD. The Promotion will begin on January 25, 2019 at 9:00am Pacific Time (“PT”) and end on January 27, 2019 at 3:59 pm PT (the “Promotion Period”).  Sponsor will be the official timekeeper for the Promotion.

REWARD. Eligible Entities meeting the eligibility requirements, above, will receive the following incentive in the form of a Reward (a “Reward”):

• one (1) $50 pre-paid gift card
  • Quantities limited, available while supplies last

Limit: one (1) Reward per Eligible Entity.

All Rewards and individual components of reward packages are subject to availability. Pre-paid cards subject to terms and conditions of card issuers.  Sponsor reserves the right to substitute Reward or components of Reward package with a reward or component of equal or greater value. Reward earned in this Promotion will be awarded directly to the relevant Eligible Entity by a method determined in Sponsor’s sole discretion.

Each Eligible Entity is eligible for only one (1) Reward for each pre-set appointment made and kept at a booth with a Cox Auto brand. The reward is nontransferable and must be accepted as awarded or forfeited.  All rewards are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose) by Sponsor.  Terms of pre-paid cards are exclusively those of the issuer and Sponsor will have no liability for the use or acceptance, or failure to use or failure to accept, such cards.  No substitutions, cash equivalents, or transfer of any reward is permitted except at the sole discretion of Sponsor, who reserves the right to substitute a reward (or portion thereof) with one of comparable or greater value, at its sole discretion.  Eligible Entities are responsible for the payment of all taxes on their reward and for any other costs and expenses associated with the acceptance and use of a reward not specifically described above, including, without limitation, meals, gratuities, local transportation, and souvenirs.  All details of rewards not specified herein are at the sole discretion of Sponsor. Sponsor’s decision on the timing of purchases/subscriptions and the corresponding recipients of the prizes hereunder is final.

RELEASE AND LIMITATION ON LIABILITY. BY PARTICIPATING IN THIS PROMOTION, EACH ELIGIBLE ENTITY AND ITS AGENTS AGREE TO FULLY RELEASE, FOREVER DISCHARGE, AND HOLD HARMLESS SPONSOR, COX ENTERPRISES, INC., 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 ELIGIBLE ENTITY AND ITS AGENTS FURTHER AGREE THAT THE RELEASED PARTIES’ TOTAL LIABILITY TO ANY ELIGIBLE ENTITY FOR CLAIMS ARISING FROM OR RELATED TO THIS PROMOTION IS LIMITED TO $50 (USD).

This is a commercial incentive promotion and is not a sweepstakes or game of chance. Sponsor reserves the right to modify, suspend or terminate this promotion for any reason, including if any fraud, technical failures, or any other factor impairs the integrity of this promotion, as determined by Sponsor in its sole discretion.  This promotion is governed by the laws of New York.