Terms and Conditions eXtra - The Loyalty Program

THIS PROGRAM IS NOT OPEN TO THE GENERAL PUBLIC. VOID IN U.S. TERRITORIES AND WHERE PROHIBITED BY LAW. THESE PROGRAM RULES DO NOT MODIFY, AMEND, OR CHANGE ANY TERMS OF ANY SALES, PURCHASE, OR DISTRIBUTOR AGREEMENT BETWEEN SPONSOR AND ITS AUTHORIZED DISTRIBUTORS.

Sponsor

The EXTRA LOYALTY PROGRAM (“Program”) is sponsored and operated by ROBERT BOSCH LLC., Oakbrook Terrace Tower, 1 Tower Lane, Suite 3100, Oakbrook Terrace, IL 60181, USA (“Sponsor”). Bosch may introduce cooperation partners from time to time; we will advise you by email whenever a cooperation partner joins or leaves eXtra. A reference to “Sponsor” will be deemed to include reference also to the cooperation partners. Samhammer AG, Zur Kesselschmiede 3, 92637 Weiden, Germany and PartsTech, Inc., One Broadway, 14th Floor, Cambridge, MA 02142 (“IT-system operators”), have been contracted by Bosch as the IT-system operators for eXtra. IT-system operators may subcontract their services from time to time. The administrator of this Program is The Award Zone, a division of Todd Wenzel, Inc., 107 Old Avery Dr., Canton, GA 30115 (“Administrator”).

1. Program Description; Right to Modify

This Program will operate, at Sponsor’s option, from its launch until Sponsor cancels or terminates it (“Program Period”). During the Program Period, Participants (defined in paragraph 2) may earn points through purchasing selected products via selected Distributors and/or via the eXtra e-commerce site accessible at extra.partstech.com (the “Site”). A list of all the products and their corresponding point value is located under the eXtra Eligible Products page or visible on the Site. Apart from the standard points awarded, at special sales campaigns a Participant has points credited solely in accordance with the rules for participation stipulated by the Providers in their conditions for the special sales campaigns.

The conditions for participating in the special sales campaigns in the eXtra loyalty program which are binding on the Participant will be defined separately by the Providers and notified to the Participant. The Participant has no entitlement to being eligible to participate in the sales campaign. Sponsor reserves the right to cancel, modify, restrict, waive, temporarily suspend or terminate this Program, at any time without prior notice, including without limitation, participation criteria, points value, points accrual, ability to use accumulated points, the number of points required to redeem a particular award or category of awards, or redemption criteria. Sponsor reserves the right to verify eligibility requirements and reported sales transactions in any manner it deems appropriate.

2. Eligibility

eXtra is open to all independent automotive service centers in the US (“Participants”); excluding those which an employee of Bosch, or any other company within the Bosch group of companies, is interested in, in any way (by way of ownership or control) and those which are Resellers of products whereby points are awarded upon. To participate, the business owner must register the Participant on the eXtra website (“Site”) at: www.extra-awards.com. Registration to eXtra is free of charge. Within the context of eXtra, at all times, only the business owner (and, if applicable, all shareholders jointly) can act on behalf of the Participant. If the person acting is not the owner (shareholder) of the Participant, it is assumed that the owner has consented; however, if so requested by Bosch, this must be produced as evidence. In any event, the owner and the person acting must be over 18 years of age. A business owner may register multiple participants (see definition of participants above). Only one account per Participant may be registered. Any additional accounts registered by the same Participant will not be accepted. Any points gained on any additional accounts shall be void. A Participant operating from more than one premises can register all premises and collect all points on one account. Any changes to the details of the Participant must be updated via the Site by the owner without delay. Bosch is not responsible for non-delivery of awards as a result of inaccurate Participant details on the Site. By registering a Participant account, the Participant accepts these Terms and Conditions. Each Participant must provide a telephone number and valid street address for purposes of delivering awards; no post office boxes will be accepted. A Participant’s “Enrollment Date” is the day on which Participant registers at the Program Website. To be eligible to participate in this Program, and have the ability to accrue and redeem points, Participants, as of their respective Enrollment Dates, and each accrual and redemption, must be: (a) legal residents of the 50 United States, or Washington, D.C; (b) 18 years of age or older as of the date on which points are redeemed. Employees, officers, directors and contractors of Sponsor, and their respective affiliates, parents, subsidiaries, agents, and their immediate families or persons residing in the same household of such employees are not eligible to be Participants.

3. Earning Points; Reporting Requirements

During the Program Period, Participants will accrue points beginning on their respective Enrollment Dates for each verified qualifying purchase, transaction or action that a Participant achieves on or before the end of the immediately preceding calendar month, and his/her selected Distributor(s) report(s) to Sponsor each “Qualifying Transaction”. For these purposes, the Participant authorizes his/her selected Distributors and/or the Site and IT-system operators to provide periodic sales Data reports to Sponsor and/or Administrator to be used in connection with the administration of the Program, for the benefit of the Participant. The Sponsor and/or Administrator agrees to keep the provided information confidential and to protect such Confidential Information from unauthorized disclosure to any other party. Additionally, the Sponsor and/or Administrator agrees that it will only use such Confidential Information in connection with the administration of the Program for the benefit of the Participant and for no other purpose whatsoever. Products, services and actions which qualify to earn Participants points, the time period during which points may be earned in connection with such sales or actions, and any other key promotional details in connection with offers to earn points are described in detail at the Program Website and may change, commence or terminate at any time during the Program Period, in accordance with their terms. Qualifying Transactions are deemed sold or completed on the date the Participant completes the Qualifying Transaction, i.e., no contingencies to the qualifying purchase or financing (if applicable) remain, the goods are delivered to the purchaser, and are deemed reported to Administrator on the date that Administrator receives a completed sales report, using the reporting forms then-required by IT-system operators, reporting the applicable Qualifying Transaction. All points earned during a month on Qualifying Transactions will accrue approximately mid-month of the following month and Participants’ accounts will be updated at the Program Website to reflect points earned. Only one Participant can earn points for each Qualifying Transaction. No retroactive points will be awarded for Qualifying Transactions occurring prior to a Participant’s Enrollment Date or for transactions which are not reported or are reported late to Administrator. Qualifying Transactions sold or closed prior to, or after, the Program Period, or on goods or actions not eligible for points, or which are invalid, as determined by Sponsor in its sole discretion, will not earn points for Participants. Sponsor will rely upon reports submitted to it by each Distributor for purposes of administering this Program and, in its discretion, will validate that a Qualifying Transaction was made, but will not be accountable to Participants for verifying that the submitting Participant is the proper person to earn points for a subject sale or for allocating points to any Participant other than the reporting Participant. Once a sales report is submitted in connection with a Qualifying Transaction, the Participant identified on such report will not be changed or modified except in rare circumstances, and then at Sponsor’s discretion. Each month, a report will be sent to the Participant‘s email stating its current points status. Objections (demonstrable to Bosch‘s reasonable satisfaction) regarding the accuracy or completeness of the report showing the points status must be raised by the Participant no later than at the end of the month following the crediting of the points either using the online contact form, or by email to info@extra-awards.com or by telephone (877) 716-3908. The Participant can view its current point’s status via its online account. The Participant’s right to raise an objection shall be waived if not raised in the form and manner referred to above.

4. Point Accrual, Transfer and Forfeiture

The accrual or accumulation of points via this Program does not entitle Participants to any vested rights with respect to points, awards, or Program benefits. In accumulating points, Participants may not rely upon the continued availability of any award or award category. Points have no cash value until they are redeemed. Points in this program may not be combined with any other offer, promotion or discount. Point credits will not be issued for any cancelled travel arrangements. Points accrued by a Participant are for the participant’s benefit only and may not be sold, bartered, traded, combined, reassigned, transferred or exchanged for anything of value. Sponsor reserves the right to adjust points in connection with quarterly true-up adjustments or otherwise to correct errors. The points earned by the Participant shall expire on December 31st of the year following the year in which they are earned. Thus all of the points earned by the Participant in one calendar year are valid up until December 31st of the following calendar year. For example, points earned in 2022 will expire on December 31, 2023. Violation of these Rules may result in the termination of a Participant from the Program or of his/her account, along with forfeiture of all points then-accrued. Points may be deducted from a Participant’s account for any returns or credits made in connection with a Qualifying Transaction, or if Sponsor determines that points were accrued in error. Points forfeited for any reason will not be reinstated into an account. Points will expire if not redeemed prior to Participant’s termination, or termination of the applicable Distributor agreement between Sponsor and a Distributor for any reason.

5. Accounts

Accounts are assigned by Sponsor in its discretion and any account may be closed by Sponsor at any time, including for dormancy, violations of these Rules or applicable laws, default or other reason. If an account is closed for any reason, the Participant associated with such account will no longer be a participant in this Program or accrue points, and may not redeem points. If a Participant does not accrue new points during any 12-month period, his or her account may be closed and all points in the account will be forfeited. Usernames, passwords, codes and other security devices provided by Sponsor or its agents to Participants may not be shared between account holders, spouses or third parties. Sponsor is not responsible for any lost, stolen or otherwise disclosed access codes, nor shall it re-credit any points withdrawn from an account by a third party provided access to an account by Participant. If a Participant changes his or her name, address, or other information submitted during registration or subsequently to Sponsor, Participant is required to immediately notify Sponsor about such changes via email to info@extra-awards.com.

6. Redemption

All points are available for redemption once they are deposited into Participants’ accounts. For avoidance of doubt, points are not available for redemption until they are posted in a Participant’s account. Participants may redeem points in exchange for award items by following the directions at the Program Website. Only Participant may redeem points from Participant’s account. Points redeemed for awards must be less than or equal to total points then-accrued for Participant and, once redeemed, cannot be converted back into a Participant’s account.

7. Additional Fees; Tax Consequences

Subject to payment of additional delivery fees, Participants may request, at their expense, expedited delivery of travel certificates, tickets or documents by overnight courier. Participants are responsible for governmentally imposed security fees, taxes, surcharges or other fees as may be imposed on travel by any governmental entity.

8. Program Communications

Participants agree to be contacted by Sponsor, Administrator and their designees by phone, email and mail for purposes of this Program. Sponsor’s Privacy Policy and Terms of Use apply to this Program and to Sponsor’s use of information obtained in the course of administering and operating this Program. Participants should review the Privacy Policy and Terms of Use prior to registering and from time to time during the Program Period in order to understand how Sponsor collects, shares and uses personal data. Participants may decline to receive third-party communications at any time; however, Participants may not unsubscribe from Program communications without leaving the Program and terminating their account.

9. Participant Information

By enrolling in the Program, Participant agrees that Sponsor, Administrators, IT system operators and any other third party service providers (the “Program Entities”) may collect, transfer and process information about Participant’s workshop, including but not limited to parts vendors, wholesale accounts, purchases and any personally identifiable information contained therein (“Participant Data”) in accordance with Sponsor’s Privacy Policy located at https://extra-awards.com/datasecuritypolicy, which may be updated at any time at the sole discretion of Sponsor. Participant consents and agrees to the collection, transfer and processing of Participant Data solely for the purpose of facilitating e-commerce and administration of the Program. Participant warrants that it shall (i) obtain and maintain all necessary licenses, consents, and permissions necessary for the Program Entities to collect, transfer and process Participant Data as needed for facilitating e-commerce and administration of the Program, (ii) comply with all applicable laws and regulations with respect to its activities under these Terms and Conditions.

10. Awards

Awards will not be delivered to P.O. boxes. In the event an award is discontinued or not available, Sponsor may substitute an award of equal or greater value in its sole discretion. Participant must accept award as stated. No substitutions or modifications to awards will be made post-redemption. Any portion of the award not accepted or unclaimed and/or unused by the Participant will be forfeited and will not be substituted. Awards are not transferable, exchangeable, refundable or returnable for any reason other than product defect, and then only with Sponsor’s prior authorization.

11. Travel

If award includes travel certificates or event tickets, actual value of travel and trip may vary based on airfare fluctuations, time of departure, and distance between departure and destination. Redeeming Participant must book trip through Sponsor’s or Administrator’s designated travel agency. Travel and accommodations subject to availability, restrictions and change, and black-out periods may apply. Participant bears all responsibility for allowing sufficient time for completion of any affidavits or other administrative details and delivery of travel certificates, event tickets, etc., as applicable, prior to the date of departure, performance or occurrence; provided, however, that Sponsor disclaims any liability for late delivery of any travel certificate, ticket or document relating to an award. Redeeming Participant may be required to execute and return an Affidavit of Eligibility and Liability/Publicity Release and, if a travel companion will accompany redeeming Participant, travel companion may be required to execute and return to Sponsor a release of liability/publicity at least thirty (30) days prior to travel or will not be permitted to accompany redeeming Participant on trip. Any travel companion accompanying Participant on a trip award must be at least 18 years of age at the time travel is booked and must be recognized as an adult under the laws of his/her state of residence or travel companion will not be permitted to accompany Participant. Redeeming Participant and any guest (if applicable) must travel on the same itinerary, are responsible for providing all required identification, including government ID and passports, as applicable, and complying with all applicable security requirements. Car rental agreements may require Participants to be 25 or older at the time of rental. Terms and conditions of all transportation and event tickets and of any applicable venue apply. Passenger facility charges, baggage fees, seat upgrades, international entry or departure taxes and/or fees, any applicable local taxes and fees, and any other fees, are at traveler’s expense. Participants acknowledge that Sponsor has not arranged for, and does not carry, any insurance of any kind for the benefit of Participant or Participant’s travel companion in connection with any travel or trip award.

12. Gift Cards

eXtra Loyalty Rewards Gift Cards are issued by the respective retail establishment. Your purchase, acceptance or use of a retail gift card from the eXtra Loyalty Rewards program constitutes your acceptance of the following terms and conditions, as well as any applicable terms & conditions from the respective retailer which can be reviewed from that retailer’s website, as may be amended and revised from time to time (collectively, this “Agreement”), without specific notice to you. Please read this Agreement carefully. We cannot and will not be liable for any loss or damage arising from your failure to comply with any provision of this Agreement. This Agreement contains an arbitration and class action waiver provision in the Dispute Resolution section below that impacts your rights under this Agreement and with respect to any disputes between you and us or our affiliates.
Unless otherwise specified herein, the terms “you” and “your” refer to any person who has redeemed for a retail gift card through the eXtra Loyalty Program, any person who has accepted the card, and/or any person who is using the card, and the terms “we,” “our,” and “us” refer to eXtra Loyalty Rewards, its partner companies, sponsor companies, agency, agency affiliates and associates, and its successors or assigns.

Use of an eXtra Loyalty Rewards Retail Gift Card
Retail gift cards offered through the eXtra Loyalty Rewards program can only be used per the terms & conditions of each retailer. All cards will be e-gift cards and will be sent via a link in an email. You may use your retail gift card at that respective establishment only. These retail gift cards are not prepaid debit cards.

Fees
Gift cards offered through the eXtra Loyalty Rewards program have no fees.

Expiration
Gift cards offered through the eXtra Loyalty Rewards program may expire. Please be aware that the gift cards may expire with the respective retailer or entity that the gift card relates to. Once the gift card expires with the retailer or entity that the gift card relates to, you will no longer be able to redeem the gift card.

Non-Reloadable
Gift cards offered through the eXtra Loyalty Rewards program may not be reloaded with additional funds. The gift cards may not be combined, and are not redeemable for cash, except where required by law.

Balances
To check your card balance, you will need to contact the respective retailer for the card.

Errors and Corrections
If you have questions regarding your transaction history, or if you dispute any transaction that has been assessed against your retail gift card, you will need to contact the respective retailer.

Unauthorized Sales
Gift cards offered through the eXtra Loyalty Rewards program may not be sold or resold by any unauthorized seller or vendor or through any unauthorized channels, including, without limitation, on any online auction or on any after-the-sale or secondary market.

You may not use the gift card if you are under the age of 18 in the United States or are otherwise considered a minor under the laws of your residence, if you are the subject of United States sanctions, or if you are located in an area that is subject to United States sanctions or that otherwise poses reputational, fraud, or legal risk to Tango or its Suppliers.

Not for Your Promotional Use
Gift cards offered through the eXtra Loyalty Rewards program may be used for personal, charitable, or business gifts, but may not be used in connection with any marketing, advertising, or promotional activities (including, without limitation, via websites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts). The use of any retail gift cards offered through the eXtra Loyalty Rewards program in any manner that states or implies that any person, website, business, product or service is endorsed or sponsored by, or otherwise affiliated with us, or any of our affiliates, is prohibited.

Risk of Loss
The risk of loss and title for gift cards offered through the eXtra Loyalty Rewards program pass to the purchaser upon our electronic transmission of the gift card to the purchaser or designated recipient, or our delivery to the carrier, whichever is applicable. We are not responsible if any gift cards offered through the eXtra Loyalty Rewards program that are lost, stolen, or destroyed, or if your gift card is used without your permission. No replacement gift cards will be provided. Once you have redeemed your gift card for a specific reward, your choice is final.

Compliance with Laws; Indemnity
You certify and represent to us that the activities in connection with which your gift card will be used will comply with this Agreement and all applicable laws, rules and regulations, and that the gift card will not be used in any manner that is misleading, deceptive, unfair or otherwise harmful to consumers or to us, our subsidiaries, or affiliates. In addition, you agree to defend, indemnify and hold harmless us, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of ours, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from your purchase, acceptance, or use of a gift card offered through the eXtra Loyalty Rewards program or violation of this Agreement.

Cancelation or Suspension
We reserve the right to suspend, cancel, or otherwise restrict the availability of retail gift cards through the eXtra Loyalty Rewards program without any prior notice.

Disclaimers and Limits of Liability
WE (AND OUR SUBSIDIARIES, AFFILIATES, REPRESENTATIVES, AGENTS, OFFICERS, DIRECTORS AND EMPLOYEES) MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY RETAIL GIFT CARD OFFERED THROUGH THE EXTRA LOYALTY REWARDS PROGRAM, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. THE LAWS OF CERTAIN STATES OR OTHER JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS IN ADDITION TO THOSE CONTAINED IN THIS AGREEMENT. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

IN THE EVENT THAT WE (OR OUR SUBSIDIARIES, AFFILIATES, REPRESENTATIVES, AGENTS, OFFICERS, DIRECTORS AND EMPLOYEES) ARE FOUND LIABLE TO YOU, YOU SHALL ONLY BE ENTITLED TO RECOVER ACTUAL AND DIRECT DAMAGES (TOGETHER WITH ANY RECOVERABLE COSTS OR EXPENSES) AND SUCH DAMAGES SHALL NOT EXCEED THE LAST BALANCE HELD ON YOUR RETAIL GIFT CARD OFFERED THROUGH THE EXTRA LOYALTY REWARDS PROGRAM. WE (AND OUR SUBSIDIARIES, AFFILIATES, REPRESENTATIVES, AGENTS, OFFICERS, DIRECTORS AND EMPLOYEES) SHALL HAVE NO LIABILITY FOR ANY PUNITIVE, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT, REVENUE OR USE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR YOUR PURCHASE, ACCEPTANCE OR USE OF A RETAIL GIFT CARD OFFERED THROUGH THE EXTRA LOYALTY REWARDS PROGRAM, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WE (OR OUR SUBSIDIARIES, REPRESENTATIVES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS AND EMPLOYEES) HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF A RETAIL GIFT CARD OFFERED THROUGH THE EXTRA LOYALTY REWARDS PROGRAM THROUGH ACCIDENT, MISUSE OR FRAUDULENT MEANS OR DEVICES BY YOU OR ANY THIRD PARTY, OR AS A RESULT OF ANY DELAY OR MISTAKE RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL.
IN NO EVENT SHALL THE TOTAL LIABILITY OF US, OR OUR AFFILIATES, AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUBCONTRACTORS, AND AGENTS TO YOU FOR LOSSES OF ANY KIND, WHETHER UNDER ANY LEGAL THEORY OR CAUSE OF ACTION, INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, WARRANTY, INDEMNIFICATION, STRICT LIABILITY, OR FEDERAL, STATE, OR LOCAL STATUTE, ORDINANCE, OR REGULATION EXCEED, EITHER CUMULATIVELY OR IN THE AGGREGATE: ONE HUNDRED PERCENT (100%) OF THE TOTAL AMOUNT OF THE GIFT CARD GIVING RISE TO THE CLAIM.

Dispute Resolution
This eXtra Loyalty Rewards Gift Cards Terms and Conditions, and all disputes between the Parties arising out of or related thereto shall be governed by the laws of the State of Michigan except for its choice of law rules; the United Nations Convention on the International Sale of Goods shall not apply. The Parties acknowledge that these eXtra Loyalty Rewards Gift Cards Terms and Conditions and the applicable Quotation evidences a transaction involving interstate commerce. The Parties shall first endeavor to resolve through good faith negotiations any dispute arising under or relating to these eXtra Loyalty Rewards Gift Cards Terms and Conditions. If a dispute cannot be resolved through good faith negotiations within thirty (30) days either Party may request non-binding mediation by a mediator approved by both Parties. If mediation fails to resolve the dispute within thirty (30) days after the first mediation session, then, upon notice by either Party to the other, any and all disputes, controversies, differences, or claims arising out of or relating to these eXtra Loyalty Rewards Gift Cards Terms And Conditions (including the formation, existence, validity, interpretation (including of this Arbitration clause), breach, or termination thereof) shall be resolved exclusively through binding arbitration, except that either Party shall have the right, at its option, to seek injunctive relief, under seal to maintain confidentiality to the extent permitted by law, (i) in either the Michigan Circuit Court for the County of Oakland or the United States Court for the Eastern District of Michigan, or (ii) pursuant to the American Arbitration Association (“AAA”) Optional Rules for Emergency Measures of Protection. A request by a Party to a court of competent jurisdiction for such interim measures shall not be deemed incompatible with, or a waiver of, this agreement to arbitrate. The Parties agree that any ruling by the arbitration tribunal on interim measures shall be deemed to be a final award for purposes of enforcement. The arbitration proceedings shall be conducted in accordance with the Commercial Arbitration Rules of the AAA including application of the Optional Rules for Emergency Measures of Protection as amended from time to time, except as modified by this clause or by mutual agreement of the Parties and shall be governed by the United States Federal Arbitration Act. Within 14 days after the commencement of arbitration, each Party shall select one person to act as arbitrator and the two selected shall select a third arbitrator within 10 days of their appointment. If the arbitrators selected by the Parties are unable or fail to agree upon the third arbitrator, the third arbitrator shall be selected by the AAA. The arbitration shall be conducted in Detroit, Michigan, and the language of the arbitration shall be English. The arbitrators’ award shall be final and binding. The arbitrators shall issue a written opinion setting forth the basis for the arbitrators’ decision. The written opinion may be issued separately from the award, in the arbitrators’ discretion. Each Party shall bear its own attorney fees and costs, and each Party shall bear one half the cost of the arbitration hearing fees, and the cost of the arbitrators, unless the arbitrators find the claims or defenses to have been frivolous or harassing, in which case the arbitrators may award the party responding to such frivolous or harassing claims/defenses its costs of the arbitration and/or reasonable attorney fees, in the arbitrators’ discretion. Either Party may apply to have the arbitration award confirmed and a court judgment entered upon it. Venue for confirmation of or any challenge to the Arbitration Award shall be in either the Michigan Circuit Court for the County of Oakland or the United States Court for the Eastern District of Michigan and shall be done under seal to maintain confidentiality to the maximum extent permitted by law. The arbitrators shall have no authority to award punitive damages, or any other damages excluded herein, to the maximum extent permitted by law. Except as may be required by law, neither a Party nor their counsel nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both Parties.

Amendments
We reserve the right to change this Agreement, and any aspect of the RETAIL GIFT CARD OFFERED THROUGH THE EXTRA LOYALTY REWARDS PROGRAM, including, without limitation, by suspending, canceling, adding, modifying or deleting any feature offered in connection with the retail gift card offering, from time to time, in our sole discretion, and without notice to you, to the extent permitted by applicable law.

Unless and only to the extent otherwise prohibited by applicable law, any changes or amendments to this Agreement will become effective at the time we post the revised terms and conditions to our or our affiliate’s website or otherwise notify you of such changes or amendments. Unless we state otherwise, any changes or amendments will apply to your future retail gift card orders. In the event of a conflict between this Agreement, or any other notice, policy, disclaimer or other term relating to retail gift cards offered through the eXtra Loyalty Rewards program, this Agreement will control. You are responsible for checking the terms and conditions of this Agreement to determine if any changes or amendments have been made.

Ability to Accept Terms and Conditions
You affirm that (i) you are either 18 years of age or older, an emancipated minor, or possess legal parental or guardian consent to enter into this Agreement, (ii) that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and (iii) you understand and will comply with all of the terms and conditions of this Agreement.

General Terms
When you redeem your eXtra Loyalty Rewards points for a retail gift card, you agree that the laws of the State of Michigan, without regard to principles of conflict of laws, will govern this Agreement and any dispute that may arise between you and us and our subsidiaries, affiliates, representatives, agents, officers, directors, and employees related to your purchase, acceptance, or use of a retail gift card through the eXtra Loyalty Rewards program. All terms and conditions in this Agreement are applicable to the extent permitted by law. If any of these terms and conditions are deemed invalid, void, or for any reason unenforceable, that unenforceable term will be deemed severable and will not affect the validity and enforceability of any remaining terms and conditions. Neither our failure to exercise any of our rights under this Agreement, nor our delay in enforcing or exercising any of our rights, shall constitute a waiver of such rights. If we waive any right under this Agreement on one occasion, such waiver shall not operate as a waiver as to any other occasion

13. Warranty Disclaimers

Manufacturers' warranties apply. Sponsor makes no representation to Participants as to the fitness or suitability of any tangible goods for any purpose, and Sponsor offers no manufacturers’ or other warranty on awards.

14. Releases

By participating in this Program, Participants and Participants’ heirs, spouses, guardians, executors, successors and assigns, hereby irrevocably release, indemnify and hold Sponsor, its parent, subsidiaries, affiliates, Administrator and IT-system operators, and their respective directors, officers, employees, or agencies (the “Program Entities”) harmless from any and all liability for any claims, demands, personal injury or death, property damage, losses, tax liabilities, or claims based on defamation, rights of privacy, intellectual property rights or rights of publicity, or damages of any kind arising from Participant’s participation in this Program or resulting from acceptance, possession, use or misuse of any points or any award, including travel to, from or in and around any trip or award destination.

15. General Terms

This Program is subject to all applicable federal, state and local laws and regulations. Sponsor reserves the right, in its sole discretion to cancel or suspend part or all of this Program in the event that printing errors, unauthorized intervention or other causes corrupt or impair the administration, or security of the Program. In such event, Sponsor may award points based on data received up to the date of cancellation or suspension. By participating, Participants agree to abide by these Rules and the decisions of Sponsor, which shall be final and legally binding in all matters relating to this Program. Participants agree to use of their names and likenesses for publicity purposes without further compensation, where legal. The Program Entities are not responsible for: (1) typographical errors in any materials relating to this Program; (2) lost, misdirected, incomplete, or delayed notifications; (3) unauthorized human intervention in any part of the point tracking process of this Program; or (4) electronic or human error which may occur in the administration of this Program, or any other causes beyond the Program Entities’ control, making it inadvisable, illegal, impossible, or impractical to continue this Program. Sponsor reserves the right, in its sole discretion, to: (i) disqualify any Participant from this or any Program Sponsor sponsors, now or in the future, it finds to be tampering with the operation of this Program, or to be acting in violation of these Rules; and (ii) cancel or suspend part or all of this Program in the event that printing errors, computer virus, bugs, technical failures, tampering, fraud, unauthorized intervention or other causes beyond Sponsor’s control, corrupt or impair the administration or security of this Program or the Program Website.

16. Dispute Resolution; Governing Law

Except where prohibited by law, by participating in this Program, Participants agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with this program or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the Courts of Illinois; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Program, not to exceed two hundred fifty dollars ($250), but in no event attorneys’ fees; and (3) under no circumstances will Participant be permitted to obtain awards for, and Participant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Participant agrees that all awards are provided as-is without any warranty, representation or guarantee, express or implied, in fact or in law, relative to the use or enjoyment of the award, including without limitation, its quality, merchantability or fitness for a particular purpose. Except where prohibited, as a condition of participating in this Program, each Participant agrees that any and all disputes, claims, and causes of action arising out of or connected with this Program, points accrued, awards redeemed, or the Qualifying Transactions shall be resolved individually, without resort to any form of class action. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Rules, or the rights and obligations of Participant, Distributor and Sponsor in connection with this Program, and any dispute arising under or related thereto (whether for breach of contract, tortuous conduct or otherwise) will be governed by the laws of the State of Illinois, without giving effect to any choice of law or conflict of law rules (whether of the State of Illinois or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Illinois.

17. Sales Records; Inspections

A Participant does not accrue points or earn awards, unless and until Participant’s eligibility and sales reports have been verified. Sponsor reserves the right to validate all Qualifying Transactions and eligibility of potential Participants in any manner and at any time, including after any point accrual or redemption, as it deems appropriate.

18. Termination and Disqualification

Participation in eXtra may be terminated by either Bosch or the Participant at any time. In the event of termination by the Participant, the Participant can either delete their account online or give eXtra customer service notice of termination in writing to info@extra-awards.com. The right to redeem the points already collected on the date of termination shall remain unaffected hereby, unless the termination was due to fraudulent participation. Upon termination, the Participant’s data will be anonymized after 90 days.

ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE PROGRAM WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROGRAM MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES), FROM ANY SUCH PARTICIPANT OR OTHER PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

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August 2024

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