1.                  The Bob Hastings Buick-GMC VIP Rewards Program is a loyalty program sponsored by Bob Hastings Buick-GMC, Inc. through which owners can earn dollars toward future service, parts, accessory, and vehicle purchases by purchasing a vehicle (new and/or used), service labor, and parts from the Bob Hastings Buick-GMC dealership.

2.                  All dollars earned can be used at the Bob Hastings-Buick store ONLY.

 

1.                  The program is open to all Bob Hastings Buick-GMC customers who are over the age of 18. Customers are defined as all customers who have purchased a vehicle, had service (labor and/or parts) performed on their vehicle in our Service Department, or bought parts and/or accessories from Bob Hastings Buick-GMC.

2.                  Employees of Bob Hastings Buick-GMC are eligible to participate.

3.                  Wholesale customers are not eligible to participate in the program.

4.                  The Sales Consultants, Service Consultants, Sales Managers and Service Manager offer the Program invitation to the customer – in person or via e-mailed/mailed invitation.

5.                  Participation on the Program constitutes each VIP Rewards Program Owner full and unconditional agreement to these Terms and Conditions.

6.                  The personal information that is collected from each participant in connection with the Program will be used in accordance with the GM Privacy Policy, a copy of which can be obtained by request at Bob Hastings Buick-GMC.

 

1.                  When you are first enrolled in the VIP Rewards Program, the Reward Owner will receive a Bob Hastings Buick-GMC VIP Rewards Card. The card is to be used for each eligible transaction.

2.                  Dollars are earned in the following ways:

a.                   Vehicle Purchase (new or used) earns $250 toward a future vehicle purchase.

b.                  Each service event (parts and labor) earns 5% of the total dollars spent (less tax) towards a future service, parts, or vehicle purchase.

c.                   Each part and/or accessory purchase earns 5% of total dollars spent (less tax) towards a future service, parts, or vehicle purchase.

d.                  Coupons and other special offers may not be used in conjunction with the Program, unless specifically stated. These dollars spent will not receive the 5% earned reward.

 

1.                  Reward Owners can use their reward dollars for any vehicle purchase, service (parts and labor) expense, parts and/or accessory purchase.

2.                  Dollars expire within 36 months.

3.                  Reward dollars have no cash value, and cannot be redeemed for cash.

4.                  Reward dollars are non-transferable.

5.                  Reward dollars can only be used at Bob Hastings Buick-GMC.

6.                  Returned items purchased with Reward dollars will not be exchanged for cash. The returned item(s) program value will be returned to the Reward Owner’s account.

 

 

1.                  Bob Hastings Buick-GMC may modify any of the terms and conditions governing the Program – including, but not limited to, the methods through which dollars can be earned, how the Program can be used, or the value of the earned dollars, at any time, without notice, even though these changes may affect the Reward Owner’s ability to use dollars that have already been earned.

2.                  The Program has no pre-determined termination date. Bob Hastings Buick-GMC may terminate the program at any time, with no notice given.

3.                  The Reward Owner’s continued participation in the Program constitutes the Reward Owner’s acceptance of any changes made to these Terms and Conditions. The Reward Owner is responsible for remaining knowledgeable as to any changes the Bob Hastings Buick-GMC, Inc. may make to these Terms and Conditions.  The most current version will be available on the Reward Owner’s website and will supersede all previous versions of the Terms and Conditions.

 

1.                  Accrued VIP Reward Owner Dollars do not constitute property of a Reward Owner and have no cash value outside of the Program. Reward Owner dollars are credits that Bob Hastings Buick-GMC may revoke at any time as set forth herein. Reward Program dollars may not be exchanged for cash, assigned, bartered, or transferred, except as set forth herein, and are not transferable upon death, as part of a domestic relations matter, or otherwise as operation of law.

2.                  Each Reward Owner is responsible for ensuring that the information in his/her account is accurate and kept current.

3.                  Free New York State Inspection offer is valid only on the cost of the Inspection, and does not include any labor and/or parts needed to repair vehicle to a passable status.

4.                  Free tire rotations are not transferable to a subsequent owner of the vehicle.

 

 

1.                  By participating in the Program, each Reward Owner accepts all responsibility for, and hereby indemnifies and holds harmless Bob Hastings Buick-GMC Inc., and each of their related companies, General Motors, Maritz, FMR and each such Company’s respective officers, directors, employees, shareholders, agents, and successors, and assigns (the “Released Parties”), from and against any and all claims that may arise from actions taken by such Member or for any unauthorized access to Preferred Owner’s account from a third party.

2.                  UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM. EVEN IF ANY OR ALL OF THE RELASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF A REWARDS OWNER PROVES THAT BOB HASTINGS BUCI-GMC HAS IMPROPERLY DENIED THAT PREFERRED OWNER EARNED DOLLARS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT AMOUNT OF EARNED DOLLARS. BY PARTICIPATING IN THE PROGRAM, A REWARD OWNER WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION, OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED.

 

1.                  Reward Owners agree that any controversy or claim at law or equity that arises out of or relates to the Program (“Claims”) shall be resolved in accordance with one of the subsections below, or as otherwise mutually agreed upon in writing by the parties.

a.       Arbitration. For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000. Reward Owners or Bob Hastings Buick-GMC, Inc. may elect to resolve the dispute through binding arbitration conducted by telephone, online, and/or based solely upon written submissions where no in-person appearance is required. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

b.      Court. Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Monroe County, New York, or where the defendant is located. Reward Owner and Bob Hastings Buick-GMC, Inc. agree to submit to the personal jurisdiction of the courts located within the county of Monroe, New York.

c.       Violations of Section G (“Legal Disputes”) All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the party first to assert a Claim, either through a court filing or a commencement of arbitration. Should either party file an action contrary to the Section G, the other party may recover attorneys’ fees and costs up to $1,000.00, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.

2.                  These Terms and Conditions are governed by and interpreted under the laws of the state of New York, U.S.; as such laws are applied to agreements entered into and to be performed entirely within New York State by New York State residents. Notwithstanding the foregoing sentence, the Federal Arbitration Act (“FAA”), and all of its rules and procedures, shall govern Section G hereof, to the extent that the FAA is inconsistent with New York State law. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or the extent of such section. Bob Hastings Buick-GMC’s failure to act with respect to a breach by Bob Hastings Buick-GMC VIP Rewards Program does not waive its right to act with respect to subsequent or similar breaches. These Terms and Conditions and any document it incorporates set forth the entire understanding between the parties with respect to the subject matter hereof. Sections F and G shall survive any termination or expiration of this agreement. It is the express wish of the parties that this document and any related documents are drawn up in English.

3.                  If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in force.