Terms & Conditions
DCH Refer-a-Friend Program
1. Eligibility: The DCH Management Services Inc. ("DCH") Refer-a-Friend Program (the "Program") is open to residents of the fifty (50) United States (including Washington, D.C.), except for limitations for CA Participants (defined below). Participants must be at least eighteen (18) years of age when he or she submits any Friend Info (defined below) to DCH. Employees of DCH and its dealerships and other affiliates and all their friends and family are eligible to be participants in the Program, except for eligibility for limitations for DCH Salespersons (defined below), as set forth in Section 7.
2. How to Participate: : For each friend or family member ("Friend") a participant refers to DCH and/or any of its dealership affiliates (hereinafter, "DCH" shall also include every participating dealership affiliate of DCH listed below) who buys or leases and takes delivery of a new or pre-owned vehicle from any of the participating DCH dealerships, after having been referred to DCH by a participant, DCH will pay the participant, or a designated charity selected by the participant, a $100 reward ("Reward") by check or Visa (or other) card. To participate in making referrals to DCH, participants must visit http://dchfriends.com, and follow the instructions to send DCH the requisite Friend’s information ("Friend Info") . Upon receipt of each submission of complete participant information and complete Friend Info, the sales team at the participating DCH dealership will (but is not obligated to) contact the Friend to assist in such Friend’s purchase or lease of the vehicle from a participating DCH dealership. The following are additional requirements for a registered participant to seek to earn a Reward:
• Each Friend must be a new prospect to the DCH dealership and such DCH dealership did not, prior to the date of participant’s online submission of the Friend Info, have or receive the same Friend Info from any other participant or from any other party (including but not limited to the manufacturer, online services, lead aggregators, a Friend’s online submission of Friend Info on any DCH website, and/or the like). In order to be eligible for a Reward: (a) a participant’s Friend cannot have visited any DCH dealership (whether it is a participating dealership or not) in search of a vehicle to buy or lease or for general informational purposes during the three (3) months prior to participant’s submission of such Friend’s Friend Info, and (b) such Friend’s Info does not exist in any DCH dealerships’ and/or DCH affiliates’ customer relationship management system(s) as an active prospect at any time during the three (3) months prior to a participant’s submission of such Friend Info.
• If more than one participant submits the same Friend Info to DCH, only the first participant submitting Friend Info is eligible to earn the Reward if such first participant is eligible for a Reward hereunder. Rewards earned and payable hereunder shall be sent to a participant (or to a designated Charity, see below) within 30 days after the Friend’s purchase or lease of a vehicle for which a Reward is earned by a participant in compliance with these terms and conditions.
• DCH, in its sole discretion, will evaluate each submission to assess if there is any abuse or misuse of the Program, and if any such abuse or misuse of the Program is suspected, DCH has the right (in its sole and unreviewable discretion) to not pay any Reward to any participant.
• DCH may start, end, and modify the Program and any of these terms and conditions, the Reward amount, method of payment, participating DCH dealerships, and/or the like at any time and from time to time, without advance notice.
• To earn a Reward, the participant’s Friend must purchase or lease and take delivery of a new or pre-owned vehicle from a participating DCH dealership. If after the purchase or lease, for whatever reason, the Friend in question cancels the vehicle lease or purchase, then no Reward is earned by participant. If prior to a Friend’s cancellation of a purchase or lease, a Reward has been sent to the participant who referred the Friend in question, DCH shall have the right to: (a) cancel the check and/or credit card without notice to participant, (b) demand the immediate return of any Reward already paid to a participant, and/or (c) any other rights, remedies and/or the like that DCH may have at law or in equity.
• Anyone who resides in the State of California ("CA Participant") may participate in the Program, but NO CA PARTICIPANT who is eligible to receive a Reward will receive such Reward from DCH. Rather, eligible CA Participants who would otherwise be entitled to a Reward in accordance with these terms and conditions will not be paid a Reward, but rather they may instruct DCH to forward an amount equal to the unpaid Reward to one of the designated charity organizations identified in the next paragraph ("Charity"). Any eligible participant in all states where a DCH participating dealership is located who earns a Reward in accordance with these terms and conditions may instruct DCH to forward his/her earned Reward to a Charity in lieu of receiving such Reward.
• For all CA Participants and for participants in any other state who so instruct DCH in writing, DCH will remit an amount equal to an earned Reward to any of the following designated charities selected by the CA Participant and/or any other participant: American Cancer Society, American Society For The Prevention of Cruelty to Animals (ASPCA), Camp Sunshine, Feeding America, National Parks Conservation Association, and SADD. DCH will send a Reward earned by an eligible participant to the Charity selected by the participant within 30 days of the purchase or lease of a vehicle by the Friend.
3. Timing: The Program begins on June 15, 2013 and will continue until terminated by DCH (the "Program Period"). DCH reserves the right to shorten, extend, modify, suspend, or cancel the Program and/or the Program Period, at its discretion, at any time and from time to time, without notice.
4. Limitations of Liability:DCH is not responsible for: (1) any incorrect or inaccurate participant information and/or Friend Info, whether caused by participants, printing errors or by any of the equipment or programming associated with or utilized directly and/or indirectly in the Program; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human or other intervention in any aspect of the Program (including without limitation the registration process), (4) technical or human error (including, without limitation, errors concerning checks, Visa or other credit cards, mis-deliveries by the U.S. Post Office and/or by any other party, and the like) which may occur with respect to any aspect of the Program or the processing of participant and/or Friend registration and/or Friend Info, (5) late, lost, undeliverable, damaged, intercepted, or stolen physical mail or electronic mail; or claims, demands, disputes, or other liabilities arising between participant and any other party, including but not limited to any Charity, Friends referred by participant, taxes of any kind that may be due on any Reward, any matter involving any governmental agency or authority, and/or the like.
5. Disputes: Except where prohibited by law, by submitting his or her information and/or any Friend Info, each participant automatically agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Program and/or any Reward shall be resolved by binding arbitration of each individual claim (it being agreed that each Reward under the Program will be an individual claim) in separate arbitrations (without resort to any form of class arbitration or class action) according to, in order of priority, this paragraph 5 and the Commercial Dispute Resolution Procedures of the American Arbitration Association; each party shall share equally in the cost of the Arbitrator and Arbitration Administrator, which cost may be awarded by Arbitrator to the prevailing party and/or allocated as required by applicable law; (2) any and all claims, judgments and awards arising out of or connected with this Program shall be limited to the amount of the Reward due but unpaid, if any, according to these Terms and Conditions, but in no event whatsoever shall any such award include a participant’s, Friend’s and/or other party’s attorneys’ fees costs and/or expenses and, in no event whatsoever, an amount greater than $100 per claim; and (3) under no circumstances will participant, a Friend and/or any other party be permitted to obtain any judgment, awards, or other relief for, and participant, Friend and/or any other party each hereby waive all rights to claim treble damages, indirect, punitive, incidental and/or consequential damages, reliance damages, and any other damages whatsoever, other than the amount of any Reward due but unpaid, if any, according to these Terms and Conditions, but in no event greater than $100 per claim. Participant, Friend and/or any other party each also waives any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the participant, a Friend, any other party and/or DCH in connection with the Program and/or the Reward shall be governed by, and construed in accordance with, the laws of the State of New Jersey, without giving effect to any choice of law or conflict of law rules (whether of the State of New Jersey or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New Jersey. All general references in these Terms and Conditions to "participant" shall be deemed to include, but not be limited to, "CA Participant."
7. DCH Salespersons (including Business Development Center or "BDC" employees) Not Eligible for Rewards in Certain Cases: Salespersons and Business Development Center ("BDC") employees employed by a participating DCH dealership (Salespersons and BDC employees collectively, "Salespersons") are not eligible for Rewards for referrals to the same DCH dealership that employs such Salesperson; however, if such Salesperson refers someone to a participating DCH dealership other than the one that employs him/her, then such Salesperson is eligible to earn Rewards in accordance herewith. By way of example, and not as a limitation, if a Salesperson, employed by DCH Freehold Toyota, refers someone to DCH Freehold Toyota, such Salesperson is not eligible to earn Rewards in accordance herewith; however, if a Salesperson, employed by DCH Freehold Toyota, refers someone to DCH BMW of Freehold or any other participating DCH dealership (other than DCH Freehold Toyota), such Salesperson is eligible to earn Rewards in accordance herewith. If any Salespersons have any questions about this restriction, he/she is urged to discuss it with his/her manager/supervisor for clarification prior to making any referrals to a participating DCH dealership that employs him/her.
8. For inquiries about this program, please email us at Friends@dchusa.com
9. The Program and these terms and conditions are void where prohibited by law.
10. List of participating DCH dealerships:
• DCH Academy Honda
• DCH Kay Honda
• DCH Paramus Honda
• DCH Montclair Acura
• DCH Brunswick Toyota
• DCH Freehold Toyota
• DCH Wappingers Falls Toyota
• DCH Toyota City
• DCH Freehold Nissan
• BMW of Bloomfield
• BMW of Freehold
• Midland BMW
• DCH Millburn Audi