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RAYBESTOS POWERTRAIN CUSTOMER LOYALTY PROGRAM TERMS & CONDITIONS

Effective Date: June 1, 2018

Subject to the terms and conditions ("Terms & Conditions") set forth below, members of the Raybestos Powertrain Customer Loyalty Program (the "Program") will earn Reward Points in connection with qualifying purchases of Raybestos Powertrain friction and steel modules that are redeemable towards certain rewards.

I. PROGRAM MEMBERSHIP

  1. ELIGIBILITY: NO PURCHASE IS NECESSARY TO JOIN THE RAYBESTOS POWERTRAIN CUSTOMER LOYALTY PROGRAM. This Program is open only to owners and employees of transmission repair shops, transmission remanufacturer facilities and automotive repair facilities who are legal residents of the United States (and/or District of Colombia) and who are at least eighteen (18) years of age at the time of entry. The Program is limited to individual membership only, and is limited to one membership account per individual.

    Employees of Raybestos Powertrain LLC ("Raybestos") and its parents, subsidiaries, affiliates and divisions, and the officers, directors, shareholders, agents, employees, representatives, associates, successors and assigns of each such entity, are not eligible for membership in the Program.

    The Program is void where prohibited or restricted by law. Program accounts are not transferable and are not for sale, resale or barter. Raybestos and its affiliates may also have other similar customer loyalty programs; membership in the Raybestos Powertrain Customer Loyalty Program does not confer any rights or benefits in any other programs of Raybestos or its affiliates.

  2. ENROLLMENT: BY PROVIDING YOUR INFORMATION FOR PARTICIPATION IN THE PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS & CONDITIONS IN THEIR ENTIRETY.

    In order to become a member of and participate in the Program, you must set up a Program Account by accessing www.Race.RaybestosPowertrain.com and providing the requested information including your first and last name, shop name and address including zip/postal code, phone number, email address, primary parts supplier, type of shop/business, number of bays in the shop, number of complete transmission rebuilds each week and types of complete transmission replacements.

  3. PRIVACY/DATA COLLECTION: Raybestos collects and uses the personal information you provide to enable members of the Program to participate in the Program and for the purpose of administering the Program. All such personally identifiable information is subject to Raybestos’ Privacy Policy, which can be found at http://raybestospowertrain.com/privacy-policy.aspx.

  4. HOW TO UPDATE MEMBER INFORMATION: Members are responsible for keeping the personal information associated with their corresponding Account, including email address, address and phone number, current by updating their Race with Raybestos profile at www.Race.RaybestosPowertrain.com.

  5. ACCOUNT CANCELLATION: You may cancel your Loyalty Account and end your participation in the Program at any time by deleting your Race With Raybestos profile at www.Race.RaybestosPowertrain.com. Upon cancellation, any unused points accrued in your Account will be forfeited and cannot be redeemed.

    FURTHER, RAYBESTOS MAY CANCEL YOUR ACCOUNT IF, IN ITS SOLE DISCRETION, RAYBESTOS DETERMINES THAT: YOU DO NOT MEET THE ELIGIBILITY REQUIREMENTS FOR MEMBERSHIP STATED IN THESE TERMS & CONDITIONS; YOU OBTAINED OR MAINTAINED MEMBERSHIP BY MEANS OF FRAUD OR OTHER DECEPTIVE PRACTICE; AND /OR YOU ARE IN VIOLATION OF THESE TERMS & CONDITIONS.

II. HOW TO EARN POINTS

  1. GENERAL TERMS: Members can earn Program Reward Points ("Reward Points") by collecting the random unique alphanumeric codes (“Reward Codes”) placed in the packaging of Raybestos Powertrain friction and steel modules and registering these Reward Codes with Raybestos on-line at www.Race.RaybestosPowertrain.com or by mailing them to Raybestos Powertrain at Raybestos Powertrain, ATTN: Race With Raybestos, 711 Tech Drive, Crawfordsville, IN 47933. When registering Reward Codes online or via mail, the Member must accurately enter the information requested, including, without limitation, the legal name, shop name and address (including zip/postal code), phone number, email address and primary parts supplier.

  2. EARNING POINTS AND POINT CALCULATION: All Members earn one (1) Reward Point for every proof of purchase Reward Code registered with Race With Raybestos.

    Members can track their Reward Points using www.Race.RaybestosPowertrain.com or by using the flyer that can be accessed and printed from the Raybestos website at www.Race.RaybestosPowertrain.com. Use of the flyer is not required.

III. HOW TO REDEEM REWARD POINTS

  1. GENERAL: Reward Points earned by a Member may be redeemed only for Reward Products. Examples of Reward Products may include insulated travel mugs, camp chairs, coolers, Bluetooth headphones or speakers, etc. A complete list of Reward Products is available on the Raybestos website at www.Race.RaybestosPowertrain.com. Reward Products are subject to change without notice.

  2. REDEMPTION TERMS AND CONDITIONS:

    1. Members can redeem Reward Points for Reward Products upon reaching 10, 20, 40, 60 and 100 Reward Points by logging into their account at www.Race.RaybestosPowertrain.com and selecting rewards online. Members may only select rewards for which the Member has accumulated the required number of Reward Points.
    2. Reward Points accumulated on different Accounts of different Members MAY NOT be combined or aggregated.
    3. Reward Points may be redeemed on Reward Products only.
    4. Reward Products are subject to change without notice.

IV. OTHER TERMS & CONDITIONS / LIMITATION OF LIABILITY

  1. GENERAL:

    Raybestos reserves the right, in its sole discretion and at any time, to cancel, modify or restrict the Program, in whole or in part, or any aspect of the Program, in whole or in part, including, without limitation, Membership eligibility requirements, the Reward Point earning/accumulation ratio, the Reward Point redemption policy, the Reward Point expiration policy and the available Reward Products. Raybestos may take any such action(s) without advance notice. Raybestos may make such changes even though such changes may affect the ability of Members, individually or collectively, to use Reward Points already accumulated. At all times, Members are solely responsible for remaining knowledgeable about, and in compliance with, these Terms & Conditions.

    Raybestos reserves the right to determine the amount of Reward Points in any Member's Account based on Raybestos’ internal records related to such Member's Account. A Member's Reward Points balance, as reflected in Raybestos’ records, shall be deemed correct. In the event of an inconsistency between the amount of Reward Points accrued in a Member's Account and Raybestos’ internal records, Raybestos’ internal records will control. Raybestos assumes no responsibility for errors caused by incorrect Member information. REWARD POINTS ARE NON-TRANSFERABLE AND CANNOT BE REDEEMED FOR CASH. The transfer and/or sale of Reward Points is strictly prohibited, and may result in the confiscation or cancellation of your Reward Points as well as suspension or termination of your Membership.

    Raybestos in its sole discretion may revoke any Member's Membership in the Program at any time if such Member engages in abuse of the Program or fails to follow the Terms & Conditions of the Program. Fraud or abuse relating to the accrual of Reward Points or redemption of Reward Points may result in revocation of Membership in the Program and may affect a Member's eligibility for participation in any other Raybestos program. The interpretation and application of the Program's Terms & Conditions are at the sole discretion and determination of Raybestos.
     

  2. Governing Law. By registering for the Program, Members agree that all issues and questions concerning the construction, validity, interpretation and enforceability of the Program, these Terms & Conditions, Member’s rights and obligations, or the rights and obligations of Raybestos in connection with the Program shall be governed by, and construed in accordance with, the laws of the State of Illinois, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than the State of Illinois, irrespective of the fact that any one of the parties is now or may become a resident of a different state. By participating in this Program, Members consent to the jurisdiction and venue of the federal, state and local courts located in Cooke County, Illinois, and hereby waive any objection to such jurisdiction and venue. Any claim or cause of action arising out of or related to this Program or these Terms & Conditions must be filed within one (1) year after such claim or cause of action arose regardless of any law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be forever barred.

  3. Severability. If any provision of these Terms & Conditions shall be held invalid, illegal or unenforceable, such provision shall be enforced to the maximum extent permitted by law and Raybestos’ fundamental intentions hereunder, and the remaining provisions shall not be affected or impaired, provided, however, that in such cases the parties oblige themselves to use their best efforts to achieve the purpose of the invalid provision by a new legally valid stipulation.

  4. Important Disclaimers and Limitations: TO THE MAXIMUM EXTENT PERMITTED BY LAW, RAYBESTOS, ITS AGENTS, REPRESENTATIVES AND CONTRACTORS HEREBY DISCLAIM ANY WARRANTIES, OBLIGATIONS, LIABILITIES, RIGHTS AND REMEDIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, ARISING BY LAW OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, INFRINGEMENT OR ANY IMPLIED INDEMNITIES. MEMBERS UNDERSTAND AND ACKNOWLEDGE THAT RAYBESTOS HAS NOT MADE, AND THAT THEY ARE NOT RELYING ON, ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS MADE TO MEMBERS REGARDING THE VALUE OF THIS PROGRAM, OR ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS USED OR REWARD PRODUCTS IN CONNECTION WITH THE PROGRAM, THESE TERMS & CONDITIONS OR ANY WEBSITES PERTAINING THERETO. ALL DATA, INFORMATION, PRODUCTS, SERVICES AND GRAPHICS RELATED TO THE PROGRAM, THE REWARD PRODUCTS, THESE TERMS & CONDITIONS AND ANY WEBSITES ARE PROVIDED "AS-IS, WHERE-IS" WITHOUT TECHNICAL SUPPORT OF ANY KIND. IN NO EVENT SHALL RAYBESTOS, OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES BE LIABLE TO MEMBERS OR ANY THIRD PARTY FOR INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST REWARDS) RELATED TO THE PROGRAM, THESE TERMS & CONDITIONS, THE PERFORMANCE OR BREACH OF THESE TERMS & CONDITIONS BY RAYBESTOS, THE USE OR EXPLOITATION OF ANY CONTENT, THE REWARD PRODUCTS, OR OTHERWISE, EVEN IF RAYBESTOS IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES OR IF THE EXCLUSIVE REMEDIES STATED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. Raybestos Powertrain assumes no responsibility or liability for (a) any incorrect or inaccurate registration information, or for any faulty, failed, garbled or jumbled electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of Member accounts at any point in the operation of this Program; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers utilized in any aspect of the operation of the Program; (d) inaccessibility or unavailability of the Internet or any combination thereof, or; (e) any injury or damage to participant’s or to any other person’s computer which may be related to or resulting from any attempt to participate in the Program or download any materials in the Program. If, for any reason, the Program is not capable of running as planned for reasons which may include, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Program, then Raybestos reserves the right at its sole discretion to cancel, terminate, modify or suspend the Program in whole or in part.

  5. RELEASE: Members each agree to release Raybestos, its directors, officers, parent, subsidiaries and affiliated companies, contractors, agents, representatives, suppliers, printers, application developers, advertising and promotional agencies (the "Released Parties") from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages or losses to persons or property which may be sustained in connection with accessing the official www.RaybestosPowertrain.com or www.Race.RaybestosPowertrain.com websites; registering for or otherwise participating in any aspect of the Program; the receipt, ownership or use of any Reward Product, or any typographical or other error in these Terms & Conditions or the announcement of offering of any reward. The Released Parties are further not liable for damage to a Member’s or user’s computer system (including, without limitation, any server failure or lost, delayed or corrupted data or other malfunction) due, either directly or indirectly, to a Member’s participation in the Program or downloading of information in connection with the Program. Raybestos reserves the right to modify or cancel the Program in the event that any portion of any website used to administer any aspect of the Program becomes technically corrupted.

V. PROGRAM INFORMATION AND CONTACT DETAILS

  1. For information or questions regarding the Program, call (765) 359-2889, send an email to Race@RaybestosPowertrain.com or write to Raybestos Powertrain ATTN: Race With Raybestos, 711 Tech Drive, Crawfordsville, IN 47933.