SimpleTire Standard Promotional Terms and Conditions

These standard promotional terms and conditions (“Terms”) apply to those SimpleTire promotions, rebates, and other offers (“Offers”) which reference or incorporate these Terms. Offers are limited to Customer purchases of eligible products and/or services (“Orders”) made on SimpleTire.com or through such other ordering methods as provided in the specific Offer. See each specific Offer for its Offer Specific Terms and Conditions (“Offer Specific Terms”). These Terms supplement but do not replace any Offer Specific Terms. A Customer’s violation of these Terms, any Offer Specific Terms, or any third-party terms and conditions as referenced below or as referenced in the Offer Specific Terms, shall result in Customer’s loss of Offer eligibility. By participating in and/or redeeming an Offer, Customer agrees to these Terms, all Offer Specific Terms, and the applicable third-party terms.

1. Offers are valid only for Orders/purchases of products and services as specified in the applicable Offer, while supplies last, and only for the limited time specified in the Offer. Offers are not available for prior purchases or on returned product. Offers may not be transferred or resold. All Orders/purchases of products and services are subject to SimpleTire’s Terms of Sale.
2. Offers may not be combined with any other SimpleTire promotions or Offers. If an Offer has a minimum purchase requirement or is based on a total purchase amount, taxes, governmental fees, shipping, and handling do not apply when determining such amounts.
3. Promotional awards and rebates may be fulfilled directly by SimpleTire or through its third-party fulfillment partners. Where awards fulfillment services are performed by SimpleTire’s fulfillment partner(s), such services may also be subject to that third-party’s own separate terms and conditions which shall apply to Customer.
4. SimpleTire reserves the right to verify Customer’s Offer eligibility and may delay its award and/or Offer eligibility communications for up to sixty (60) days following eligible purchase(s)/Orders being delivered, to account for Order fulfillment and potential product returns. Offer eligibility decisions made by SimpleTire are final and binding.
5. Please allow up to 6 weeks following eligibility communication to receive certain promotional awards, depending on their form or format. (Awards and forms of rebate may vary by Offer and are subject to comparable substitution where determined necessary by SimpleTire).
6. Offers may include awards of physical or virtual prepaid promotional gift cards (such as Visa® or Mastercard® gift cards)(“Cards”). Cards fulfilled in furtherance of an Offer are subject to the applicable Card issuer’s Cardholder Agreement over which SimpleTire has no control. Neither SimpleTire nor its Offer sponsors are the issuers of these Cards or affiliated directly or indirectly with such Card issuers. All prepaid Cards are issued for promotional purposes only, may have an expiration date (see Offer and Cardholder Agreement), and have no cash value. Cards are non-transferable. Lost, stolen, or damaged Cards are not replaceable by SimpleTire or its fulfillment partners unless required by law.
7. SimpleTire reserves the right to modify or cancel an Offer at any time, and to exclude any individual(s) from eligibility for any lawful reason.
8. Employees of SimpleTire, its affiliates, and any Offer sponsors are ineligible to participate in an Offer. Offers are available only to individual retail consumers. Commercial and/or wholesale purchasers are ineligible.
9. Offers are valid to legal residents in the contiguous 48 United States and D.C. who have reached the age of majority in his or her state and are at least 18 years of age or older. Void in Alaska, Hawaii, Puerto Rico, and the U.S. Virgin Islands.
10. Collection and Use of Personal Information: SimpleTire and its third-party fulfillment partners may be required to collect and share with one another and their third-party service providers, certain of Customer’s personal information obtained in furtherance of an Offer, for purposes of Offer award and/or rebate verification and fulfillment and such other permitted purposes. All personal information collection, sharing, and/or processing shall be done in accordance with SimpleTire’s and its applicable third-party fulfillment partners Privacy Policies. The SimpleTire Privacy Policy can be reviewed at the following link: https://simpletire.com/privacy-policy. SimpleTire does not sell the Customer personal information obtained through an Offer or Offer fulfillment. Though SimpleTire may use third-party service providers and its fulfillment partners as intermediaries to conduct and fulfill promotions and Offers, such third-parties are also restricted from using Customer’s personal information for any unauthorized or secondary purposes. By participating in an Offer, Customer is agreeing to SimpleTire’s collection, usage, and sharing of their personal information as described herein and as otherwise permitted under the applicable Privacy Policy(s).
11. Where applicable, Customer agrees that SimpleTire, its affiliates, and its applicable Offer sponsors may use Customer’s name, city/state of residence, photos, video or film clips, and/or other visual or audio likeness obtained in furtherance of an Offer for SimpleTire’s and/or an Offer sponsor’s advertising and/or trade purposes, in any media or format now or hereafter known, without requirement of further compensation (financial or otherwise), permission, or notification.
12. LIMITATION OF LIABILITY: BY PARTICIPATING IN AN OFFER , CUSTOMER AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS, AND/OR CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH AN OFFER OR THESE TERMS WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) SIMPLETIRE, ITS OFFER SPONSORS, AND THIRD-PARTY FULFILLMENT PARTNERS, ALONG WITH EACH OF THEIR RESPECTIVE AFFILIATES, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY, “RELEASED PARTIES”) TOTAL LIABILITY FOR ANY AND ALL CLAIMS, JUDGMENTS, LOSSES, COSTS, DAMAGES AND/OR AWARDS IN RESPECT TO AN OFFER OR ITS TERMS IS LIMITED TO THE GREATER OF THE TOTAL VALUE OF THE ELIGIBLE OFFER AWARD UNDER WHICH THE CLAIM ARISES, OR TEN DOLLARS ($10.00); (C) CUSTOMER AGREES TO HOLD HARMLESS RELEASED PARTIES FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, COSTS (INCLUDING ATTORNEYS’ FEES), LOSSES, DAMAGES, FINES, OR INJURIES (INCLUDING BODILY INJURY AND DEATH) OF ANY KIND ARISING OUT OF OR RELATED TO CUSTOMER’S PARTICIPATION IN AN OFFER, INCLUDING, BUT NOT LIMITED TO THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY AWARD (INCLUDING, WITHOUT LIMITATION A CARD); AND (D) CUSTOMER KNOWINGLY AND EXPRESSLY WAIVES ANY AND ALL RIGHT TO SEEK OR OBTAIN AGAINST RELEASED PARTIES, DIRECTLY OR INDIRECTLY ON CUSTOMER’S BEHALF, ANY PUNITIVE, INCIDENTAL, INDIRECT, EXEMPLARY, CONSEQUENTIAL, OR SPECIAL DAMAGES, INCLUDING ANY RIGHT TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, WHETHER OR NOT ANY PARTY IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES BEING INCURRED (SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EACH CUSTOMER). NOTE TO CALIFORNIA CUSTOMERS: YOU UNDERSTAND AND AGREE THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AS MAY BE AMENDED (AND ANY SIMILAR LAWS) ARE HEREBY EXPRESSLY WAIVED. SECTION 1542 READS AS FOLLOWS: “CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. 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.”
13. Choice of Law and Mandatory Arbitration: Pennsylvania law governs each Offer, these Terms, and any Offer Specific Terms. Except where prohibited or limited by law, as a condition of participating in an Offer, Customer agrees that any and all disputes or causes of action arising out of or connected with an Offer or these Terms shall be resolved exclusively through final and binding arbitration under the rules of the American Arbitration Association (“AAA”), which proceedings shall be held before a single arbitrator at the AAA regional office in Philadelphia, Pennsylvania (which a party and its witnesses may be attend via video conference, upon request). Any judgment upon such arbitration award may be entered in any court having proper jurisdiction. Each party shall bear their own costs and expenses in respect to such arbitration proceedings, except for the arbitrator’s fee, which shall be shared equally between the parties.