last updated: June 2, 2020
1. Promotional Offer: Unless otherwise stated, these Promotional Terms and Conditions (“Terms”) govern all promotional offers sent by Chevy, Inc. (“Sponsor”) and its parent company, subsidiaries, affiliates, partners (collectively, “chewy promotional offers”), including free item offers, rewards, savings, discounts, and/or other benefits (collectively, “benefits”). Offers are limited to residents of the 48 contiguous United States and D.C., 18 years of age and older. Offers are limited to only the Eligible Products and Qualifying Items (collectively, “Eligible Products”) set forth in Chevy’s promotional offers. Unless otherwise noted, all eligible products must be in customer’s cart at checkout to qualify for offer and must be purchased in a single transaction. any required spend amount is based on the purchase price of eligible products and does not include tax. Specific conditions and limitations for each offer are set forth in the Chevy Promotional Offer. For exclusive offers, the offer is valid only to the intended recipient of the Chevy promotional offer via email or direct mail. Duplicate requests will constitute fraud. theft, diversion, reproduction, transfer, sale or purchase of any offer is prohibited and constitutes fraud. Void outside the 48 contiguous United States and the District of Columbia and where prohibited, taxed or restricted by law. no substitutions or cash refunds. any applicable taxes (if applicable) are the sole responsibility of the beneficiary of the benefit.
2. Benefit Terms: Benefits may only be redeemed in the manner set forth in Chevy Promotional Offers in accordance with these terms. all benefits are available while supplies last and subject to availability. Coupon and gift card terms and conditions apply for coupon and gift card benefits. If you return eligible products in accordance with Chevy’s return policy, you must return your benefit or your refund may be forfeited.
3. general conditions: chevy reserves the right, in its sole discretion, not to redeem a benefit from any individual it discovers to be committing fraud or undermining the legitimate operation of this promotional offer or to act in an abusive, fraudulent, deceptive or or disruptive. manner or in violation of these terms. any attempt by any person to undermine the legitimate operation of the promotional offer may be a violation of criminal and civil laws and, in the event such an attempt is made, chevy reserves the right to seek damages from such person to the fullest extent permitted by law. Chevy reserves the right to make the final decision regarding redemption and fulfillment of any benefits, in its sole discretion. chevy reserves the right, in its sole discretion, to cancel, terminate, modify, extend, or suspend this promotional offer in the event of (in its sole discretion) viruses, bugs, outbreaks, unauthorized human intervention, cheating, fraud, or other causes out of reach. control corrupts or affects the administration, security, fairness or proper conduct of the promotional offer. void where prohibited or expired. Sponsor is not responsible for late, non-compliant, postage due, or misdirected applications. Applications that do not meet all offer requirements will not be accepted.
By entering, you agree to release and hold harmless Chevy and its advertising and promotional agencies and their respective parents, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, the “Released Parties”), from and against any liability, loss, claim or cause of action arising out of participation in the promotional offer and/or receipt, use or misuse of any benefit, including, but
not limited to: (a) unauthorized human intervention in the promotional offer; (b) technical, mechanical or printing errors; (c) the administration of the promotional offer (including errors) and/or the processing, fulfillment or redemption of requests; (d) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from your participation in the promotional offer or receipt or use of any benefits; and/or (e) the failure of a member to redeem the benefit for any reason. You further agree that in no event shall the Released Parties be liable for attorneys’ fees. you waive the right to claim any damages, including, but not limited to, punitive, consequential, direct, or indirect damages.
4. Arbitration: Except for a claim that may be brought in small claims court, you and chevy agree to waive any right to litigate claims in court or before a jury or to participate in a class action or representative action with respect to to a claim. Other rights that you would have if you went to court, such as access to discovery, may also be unavailable or limited in arbitration.
Any and all disputes between you and chewy, its agents, employees, officers, directors, officers, successors, assigns, subsidiaries, affiliates, or independent contractors, including veterinarians (collectively, for purposes of this section, “chewy “), including disputes arising out of or relating to these Terms of Use, Privacy Policy, Autoship Terms and Conditions, Gift Card Terms and Conditions; conditions, terms of promotional offers & conditions, customer reviews and question and answer terms and conditions and their interpretation or breach, termination or validity thereof, any purchases on www.chewy.com, communications between you and chewy, reliance on advice provided by such independent contractors, or other products, programs, services, or promotions provided by Chevy. including disputes about the validity, scope, or enforceability of this arbitration provision (collectively, “Covered Disputes”) will be resolved by binding arbitration administered by Jams, Inc. in accordance with its rules applicable to consumer disputes, in force on the date thereof. You can find information about jams and how to start arbitration at www.jamsadr.com or by calling 800-352-5267. For purposes of this section, these Terms of Use and related transactions shall be subject to and governed by the Federal Arbitration Act, 9 U.S.C. second. 1-16 (faa). To the extent that state law applies to any part of a proceeding brought by you or us, the applicable law will be the law of your state of residence, as determined based on your registered shipping address on chewy.com . Except for a claim determined by an arbitrator or court to be frivolous, Chevy will pay up to $10,000 in costs and expenses that you might otherwise owe under Jams’ consumer arbitration rules. At your option, the arbitration will be conducted in the county in which you reside or, if you choose, by telephone or based on written submissions by the parties. Notwithstanding the foregoing, you or chevy may bring any individual claim in small claims court subject to the jurisdictional limitations of such court.
Prior to initiating any arbitration, the initiating party will give the other party at least 60 days prior written notice of its intent to request arbitration. chevy will send such notice by email to your email address on file with chevy and you shall email such notice to legal@chewy.com. during such 60-day notice period, the parties will endeavor to amicably resolve any covered dispute through mutual discussion. In the absence of an amicable agreement and the expiration of the notice period, either party may initiate arbitration. the arbitrator shall have the power to award any individual relief available in court at law or in equity and any award of the arbitrator(s) shall be final and binding on each of the parties and may be entered as a judgment in any court of jurisdiction competent. this provision is a condition precedent to any demand for arbitration.
chewy and you agree that any dispute covered hereby shall be submitted to arbitration on an individual basis only. neither chevy nor you have the right to arbitrate any covered dispute as a class, representative, or private attorney action, and the arbitrators will have no authority to proceed on a class, representative, or private attorney general basis. If any provision of the arbitration agreement in this section is found to be unenforceable, the unenforceable provision will be severed and the remaining terms of the arbitration will apply (but in no event will there be a class, representative, or private attorney general arbitration).
Notwithstanding anything to the contrary in these terms, we agree that if chevy makes any material change in the future to this dispute resolution provision, it will not apply to any individual claim that you have already notified chevy of. In the event that this arbitration agreement does not apply to a particular dispute, the parties consent to the exclusive jurisdiction of the state and federal courts located in broward county, florida, to resolve such claims.
5. Sponsored by: Chewy, Inc., 1855 Griffin Rd Suite B-428, Dania Beach, Florida 33004.