Privacy

AUTO POINT®, INC. TERMS OF USE AND PRIVACY POLICY

This mobile application ("Application") is powered by Mobile Point, which is owned by Auto Point®, Inc. ("Auto Point®" or "we") and licensed and maintained as a service for customers of each automobile dealership or dealership group (collectively "Dealership") that is a customer of Auto Point® and has contracted for these services. By downloading and using the Mobile Point Application ("Mobile Point™ Application"), any by using any of the related services, including the personal web site used in connection with the Application, you agree to be legally bound by this Terms of Use & Privacy Policy (the "Terms of Use). Auto Point® is referred to from time to time as "We."

PART I: PRIVACY POLICY

Introduction.

We take your right to privacy seriously and want you to feel comfortable using the web site and personal web pages that your auto dealer has provided for you. This Terms of Use and Privacy Policy ("Terms of Use") provides the terms and conditions governing your use of the Mobile Point™ Application and discloses our use of your information ("Information") and personally identifiable information ("Data") that may be collected by us on our web site or through the Mobile Point Application. This Terms of Use does not apply to other entities that we do not own or control or persons that are not our employees, agents or within our control.

1. Collection of Data.

Our registration process requires only a valid e-mail address and/or a unique user ID and password. Providing us with any other information is optional but not required. Please take note that your user name, e-mail address, or other submissions that you make on this site may contain your real name or other personally identifiable information and, as a result, may appear on this web site. Like many web sites, we may also automatically receive general information that is contained in our server log files such as your IP address and cookie information.

2. Use of Data.

We may use Data to customize and improve your user experience on this site. We will make efforts so that your Data will not be provided to third parties unless (i) provided for otherwise in this Privacy Policy; (ii) we obtain your consent, such as when you choose to opt-in or opt-out to the sharing of Data; (iii) a service provided on our site requires the interaction with or is provided by a third party, by way of example an Application Service Provider; (iv) pursuant to legal process or law enforcement; (v) we find that your use of this site violates our this Policy, Terms of Service, other usage guidelines or as deemed reasonably necessary by us to protect our legal rights and/or property; or (vi) this web site, our company or related assets are purchased by a third party whereby that third party will be able to use the Data in the same manner as we can as set forth in this Policy. In the event you choose to use links that appear on our web site to visit other web sites, you are advised to read the privacy policies that appear on those web sites.

We may provide your personal information to companies that provide services to help us with our business activities. These third parties are authorized to use your personal information only as necessary to provide these services to us or the Dealership.

3. Editing Your Account Information.

We provide you with the ability to edit the information in your personal web page, and you are responsible for the accuracy of this information. We make no representations or warranties regarding the accuracy of this information.

4. No guarantees.

While this Privacy Policy states our standards for maintenance of Data and we will make efforts to meet them, we are not in a position to guarantee these standards. There may be factors beyond our control that may result in disclosure of Data. As a consequence, we disclaim any warranties or representations relating to maintenance or nondisclosure of Data.

5. Location Services

Some services on this Application make use of location-based data. If you allow these services, we will collect information about the Wi-Fi routers closest to you and the cell ID numbers of the towers closest to you. We use this Information to provide location-based service, not to identify you. You will be asked for your permission each time a location-based service is requested. We may use information regarding your location for the following purposes:

  • Provide you content based upon your location.
  • Check you into a store or other location to enable you to earn loyalty rewards or let others know where you are.
  • Provide you with local search results.
  • Provide you with special local offers.
  • Enable designated individuals to track your location or you to track the location of others.
  • Map routes and provide directions to locations that you specify.
6. Collection and Use of Data

We collect the following Data from you:

  • Contact information such as name, email address, mailing address and phone number.
  • Unique identifiers such as user name, account number and password.
  • Preferences information you provide such as product or content interests, or communication or marketing preferences.
  • Usage activity about how you interact with us such as purchase history, what content you viewed and which areas of our Application you visited.
  • Device information.
  • Information about your mobile device such as your mobile device ID (similar to a web site IP address), device type and mobile service carrier.

We use this Data to:

  • Fulfill your order.
  • Send you an order confirmation.
  • Assess your needs to determine suitable products or services.
  • Send you requested product or service information.
  • Send product updates or warranty information.
  • Respond to customer service requests.
  • Administer your account.
  • Send you push notifications when you are using our Mobile Point™ Application. If you do not want these notifications, you can manage your preference through your device, depending on your device type.
  • Send you a newsletter.
  • Send you marketing communications.
  • Administer contests and sweepstakes you entered and notify you if you won.
  • Improve our Mobile Point™ Application and marketing efforts.
  • Conduct research and analysis. Respond to your questions and concerns.
  • Display content based upon your interests.
  • Send you a catalog.
  • Facilitate your transactions with other users.
7. Security

We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security.

8. Data Retention

We will retain your information for at least as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services contact us at support@autopoint.com. Also we intend to retain and use your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements. We can make no guarantee that the information will not be retained.

You agree that you will only use the Mobile Point™ Application on a mobile device owned by you. You agree to keep your mobile device and login information secure. As a registered user of this Mobile Point™ Application, it is your responsibility to maintain confidentiality of your password and you agree not to share your password with anyone or allow anyone to use your account. You also agree to take full responsibility for any activity that occurs through the use of your account. To access this Mobile Point™ Application, you may be asked to provide personally identifiable information such as your name, address, phone number, zip code, etc. Contact information that you provide during registration or through your use of the Mobile Point™ Application will be used to identify and access data in the existing relationship with the Dealership. Information you enter during registration may replace information on your Dealership customer record.

9. Children's Online Policy

We do not use the Mobile Point™ Application to knowingly solicit data from or market to children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at support@autopoint.com. We will delete such information from our files within a reasonable time.

10. Contact Information

If you have any questions about these Terms of Use, the Mobile Point™ Application or our web site, please feel free to contact us at support@autopoint.com.

PART II: TERMS OF USE

1. Use of Mobile Point™ Application and Related Services.

You agree that your use of this Mobile Point™ Application and related services is to facilitate the delivery and communication of Dealership's automobile sales and service information via your mobile device(s). You further agree that your use of this Mobile Point™ Application is subject to the terms and conditions that you may have previously agreed to, as well as the additional terms described herein.

2. Mobile Point™ Application Availability.

Not all of the Dealership's services will be available on the Mobile Point™ Application. In addition, the Mobile Point™ Application may be inoperative from time to time for a variety of reasons, including routine maintenance, system changes and system failures. When such occurs, the information and services allowed by the Mobile Point™ Application may be unavailable in whole or in part. The Dealership and/or Auto Point® will not be liable to you for any service interruptions or other Mobile Point™ Application unavailability.

The Dealership and/or Auto Point® reserve the right to change, suspend, remove or disable access to the Mobile Point™ Application at any time without notice. In no event will the Dealership or Auto Point® be liable for the removal of or disabling of access to the Mobile Point™ Application. Limits may also be imposed on the use of or access to certain services or information provided by the Mobile Point™ Application, in any case and without notice or liability.

3. Disclaimer of Warranties.

AUTO POINT® AND THE DEALERSHIP MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, (a) THAT THE INFORMATION PROVIDED THROUGH THE MOBILE POINT™ APPLICATION AND RELATED SERVICES WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (b) THAT THE MOBILE POINT™ APPLICATION AND RELATED SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (c) THAT DEFECTS OR ERRORS IN THE WEB SITES WILL BE CORRECTED; OR (d) THAT THE MOBILE POINT™ APPLICATION AND RELATED SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE MOBILE POINT™ APPLICATION IS SUBJECT TO CHANGE WITHOUT NOTICE, AND AUTO POINT® AND THE DEALERSHIP DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE Of THE MOBILE POINT™ APPLICATION IS AT YOUR SOLE RISK, AND THAT THE ENTIRE RISK AS TO SATISFACTORILY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE MOBILE POINT™ APPLICATION IS PROVIDED "AS IS' WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND RELATED WARRANTIES AND REPRESENTATIONS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVE BY AUTO POINT® OR THE DEALERSHIP WILL CREATE A WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SHOULD THE MOBILE POINT™ APPLICATION PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICES, REPAIR OR CORRECTION.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF THIS AGREEMENT OR FOR ANY OTHER CAUSE OF ACTION ARISING UNDER THIS AGREEMENT IS YOUR RIGHT TO TERMINATE THIS AGREEMENT IMMEDIATELY UPON NOTICE TO AUTO POINT®. YOU AGREE THAT AUTO POINT® AND/OR THE DEALERSHIP WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING LOST PROFITS OR COSTS OR ATTORNEY'S FEES, ARISING OUT OF OR RELATING TO YOUR USE OF THE MOBILE POINT™ APPLICATION AND RELATED SERVICES OR YOUR RELATIONSHIP WITH AUTO POINT® OR THE DEALERSHIP UNDER ANY LEGAL THEORY, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION, NEGLIGENCE OR STRICT LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW, BUT THE PROVISIONS OF THIS SECTION SHALL IN ANY CASE BE INTERPRETED TO LIMIT OUR LIABILITY TO THE GREATEST EXTENT PERMITTED BY LAW.

4. Indemnification & Legal Conditions.

YOU AGREE TO INDEMNIFY AUTO POINT® AND THE DEALERSHIP AND THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS, AFFILIATES, PARTNERS, AND LICENSORS (THE "MOBILE POINT™ TECHNOLOGY PARTIES") AGAINST, AND HOLD THE MOBILE POINT™ TECHNOLOGY PARTIES HARMLESS FROM CLAIMS, LIABILITY, LOSSES, COSTS, AND EXPENSES (INCLUDING ATTORNEYS' FEES) INCURRED AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE MOBILE POINT™ APPLICATION OR AUTO POINT® WEB SITES.

You agree that exclusive venue for any suit arising from or related to these Terms of Use or the Mobile Point™ Application and related services shall be San Diego County, California. You consent to the jurisdiction of such court and waive any objection to the setting of the venue of any such action or proceeding in such court. You agree that service of any court paper may be affected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules. You further agree that any lawsuit arising from or related to these Terms of Use or the Mobile Point™ Application and related services shall be governed in accordance with the internal laws of the State of California without giving effect to the law of the conflicts of laws applied thereby.

5. Miscellaneous.

This Terms of Use & Privacy Statement shall be construed and enforced under and in accordance with the laws of the State of California, without regard to conflicts of laws principles.

6. Severability.

If any portion of this Terms of Use is deemed unlawful, void or unenforceable by any court of competent jurisdiction, this Terms of Use as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Terms of Use that is unlawful, void or unenforceable shall be stricken from this Terms of Use.

7. Amendments.

All covenants, agreements, representations and warranties made in this Terms of Use, as may be amended by Auto Point® from time to time, shall survive your acceptance of this Terms of Use. Check our web site for amendments to these Terms of Use. Your use of the Mobile Point™ Application and related services following any such amendments shall constitute your acceptance of such amendments.

8. Contact Information.

Questions related to this Terms of Use should be directed in writing or email to the addresses below:

Auto Point®, Inc.
Attn: Compliance
2218 Faraday Avenue
Carlsbad, CA 92008
Email: support@autopoint.com

By downloading the Mobile Point™ Application, or by using the Mobile Point™ Application or any related services, you expressly acknowledge that you agree to this Terms of Use.

PART III: IPAD® 2 GIVEAWAY SWEEPSTAKES OFFICIAL RULES

AUTO POINT, INC. IPAD® 2 GIVEAWAY SWEEPSTAKES OFFICIAL RULES

NO PURCHASE, REGISTRATION OR PAYMENT NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR REGISTRATION WILL NOT INCREASE YOUR CHANCES OF WINNING.

ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW. AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED. ONLINE ENTRY ONLY AND INTERNET CONNECTION REQUIRED. ALL DISPUTES WILL BE RESOLVED BY BINDING ARBITRATION. NO CLASS RELIEF.

BY ENTERING OR OTHERWISE PARTICIPATING IN THE SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SWEEPSTAKES ENTITIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
1. Eligibility. Auto Point, Inc.’s iPad® 2 Giveaway Sweepstakes (the "Sweepstakes") is open only to legal residents who are physically located in one (1) of the fifty (50) United States, the District of Columbia, and who are at least eighteen (18) years of age or older at the time of entry. Sweepstakes entrants must be customers who have either purchased or serviced their vehicle at the participating dealership within the four years preceding July 31 2013 with an existing record in the dealership’s “DMS” - Dealership Management System. Employees, directors and officers of Auto Point Inc.  (”Auto Point” or the "Sponsor") and Sponsor’s parent, affiliates, subsidiaries, advertising and promotion agencies, and distributors (collectively, the "Sweepstakes Entities"), and each of their immediate family members and/or those living in the same household (whether legally related or not) are not eligible to enter or win.  For purposes of this Sweepstakes, immediate family members are defined as spouse, domestic partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren. Void where prohibited by law.

2. How to Enter. The Sweepstakes consists of the giveaway of one second generation Apple® iPad. The entry period (“Entry Period”) for the Sweepstakes will commence on or about  10:00 a.m. PDT on August 1st, 2013, and will end at  12:00 p.m. PDT on August 31st, 2013 (the "Sweepstakes Period"). The Sweepstakes may  end earlier and no longer be offered at such time as the Sponsor  posts notice on www.autopoint.com/giveaway (the “Website”) indicating that the Sweepstakes will no longer be operated. By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these "Official Rules" and the decisions of Sponsor, including the interpretation of these Official Rules and its exercise of discretion, which will be final and binding in all respects. There are two (2) method of entry for this Sweepstakes, as follows:

 

  • Entry by installing and registering Mobile App. To enter the Sweepstakes, participants may enter by successfully downloading and installing the Dealership’s Mobile App (Powered by “Mobile Point”) (the “Mobile App”) and by fully completing the registration process for the Mobile App.   By entering, you grant Sponsor and the participating dealerships the right to collect your contact information and to contact you by phone, mail, e-mail, facsimile, or other means for marketing purposes.  [CONSENT TO CONTACT SHOULD ALSO BE PART OF THE TERMS OF USE FOR THE APP AND ON THE REGISTRATION PAGE FOR THE APP.]  The information that must be provided by the participant to include the Mobile App registration process may include, among other things, his/her full name, address (no P.O. Boxes), e-mail address, gender, date of birth and related registration information as prompted. Limit of one (1) entry per person during the Sweepstakes Period will be accepted. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified. Entries that are in excess of the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at Sponsor’s sole and absolute discretion. All materials submitted become the property of Sponsor and will not be returned. For purposes of this Sweepstakes, an online entry is "received" when the Auto Point website (“Website”) servers record the completion of the Mobile App registration. Proof of sending (such as an automated computer receipt confirming entry or "thanks for entering" message) does not constitute proof of actual receipt of an entry for purposes of this Sweepstakes. The Website’s database clock will be the official timekeeper for this Sweepstakes. Illegible and/or incomplete entries and entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsor may be disqualified.

 

  • Entry by Letter. Alternatively, participants who do not desire to download the App, can enter the Sweepstakes by sending a letter via the U.S. Postal Service addressed to ATTN: Mobile App Sweepstakes Entry, 3058 E. Sunset Road, Suite 113, Las Vegas, Nevada,  89120] and is received by Sponsor during the Sweepstakes Period with the participant’s full name, address (no P.O. Boxes), e-mail address, date of birth  and the name of the participating dealership that participant was a customer of within the four years preceding July 31, 2013. Limit of one (1) entry per person during the Sweepstakes Period will be accepted. Sponsor will not verify receipt of entries.  Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified. Entries that are in excess of the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at Sponsor’s sole and absolute discretion. All materials submitted become the property of Sponsor and will not be returned.  For purposes of this Sweepstakes, an entry by mailed letter is "received" as of the date it is physically received by Sponsor, provided that if such date is a weekend or holiday, it should be deemed received the next following business day.

 

3. Winner Selection and Prize Claiming. One potential winner will be selected through a random drawing held within a commercially reasonable time (typically within seven (7) days) following the end of the Sweepstakes Period from all eligible entries received in accordance with these Official Rules. Sponsor will have complete discretion over interpretation of the Official Rules, of administration of the Sweepstakes, and of selection of the winner. Decisions of the Sponsor as to the selection of the winner will be final. The potential winner will be notified using the information provided during entry by any of the following means: E-mail and/or telephone and/or mail (as selected by Sponsor) in a commercially reasonable time after the drawing. The Sweepstakes Entities are not responsible for false, incorrect, changed, incomplete or illegible contact information. Notification is deemed to have occurred immediately upon sending of an e-mail, placing of a phone call, one (1) day after sending via a delivery service or two (2) days after mailing.
Each potential winner may be required to submit an affidavit of eligibility / release of liability / prize acceptance agreement (collectively, the “Affidavit”) and return the Affidavit within the time period specified at notification before being eligible to receive his or her prize. If the potential prize winner fails or refuses to sign and return such Affidavit within the time period required by Sponsor or if the prize or prize notification is returned as rejected, faulty, unclaimed or returned as undeliverable to such potential prize winner, such potential prize winner may be disqualified and an alternate may be selected. Non-compliance shall result in disqualification and award of the prize to an alternate winner. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules, or if the potential prize winner cannot attend or participate in any portion of the prize, or declines a prize for any reason prior to award, such potential winner may be disqualified with no compensation and an alternate potential winner may be selected. The Sweepstakes Entities are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential winners, or if potential winner is a minor, for late, lost, misdirected, or unsuccessful efforts of potential winner to provide signed parental or guardian consent.
4. Odds. Odds of winning will depend upon the total number of eligible entries received for each applicable Sweepstakes Period.

  1. 5. Prizes and Values. Sponsor will be awarding one second generation Apple® iPad® for the Sweepstakes. Sponsor will make commercially reasonable efforts to post details about the prize on its website at www.autopoint.com/giveaway. The approximate retail value ("ARV") of the  prize is less than $399.00.  The Prize is non-transferable, with no cash redemptions, equivalents or substitutions except at Sponsor’s sole and absolute discretion. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Prize details and availability and prize provider’s rules and restrictions are subject to change, and in the event that Sponsor is unable to provide the winners with their prize, the Sponsor may elect to provide the winners with the approximate value of such item in cash or award an alternate prize of comparable or greater value. Sponsor is not responsible for and winners will not receive the difference, if any, between the actual value of the prize at the time of award and the stated ARV in these Official Rules or in any Sweepstakes-related correspondence or materials. If Sponsor determines at any time, in its sole discretion, that a winner or potential winner is disqualified, ineligible or, in violation of these Official Rules, Sponsor reserves the right to disqualify that winner or potential winner, even if the disqualified winner or potential winner may have been notified or displayed or announced anywhere. All prizes are awarded "AS IS" and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Prize winner will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether it, in whole or in part, is used. The ARV of the prize package is based on available information provided to Sponsor and the value of any prize awarded to a winner may be reported for tax purposes as required by law. The winner may be required to provide Sponsor with a valid social security number or tax identification number before the prize package will be awarded for tax reporting and background check purposes. An IRS Form 1099 may be issued in the name of winners, or if a minor in the jurisdiction in which he/she resides, in the name of his/her parent or legal guardian, for the actual value of the prize received. Unclaimed prizes will be forfeited.

6. Publicity Release. Subject to applicable law, the winner irrevocably grants the Sweepstakes Entities and each of their licensees, and its and their successors, assigns and sub-licensees the right and permission to use their name, voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Sweepstakes, in all forms of media and by all manners (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice or consideration except for the awarding of the prize to the winner. Entrants agree not to issue any publicity concerning the Sweepstakes Entities.
7. Tampering with Sweepstakes. The Sweepstakes Entities are not responsible for the actions of entrants in connection with the Sweepstakes, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. Persons found tampering with or abusing any aspect of this Sweepstakes, or whom Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified. Additionally, any attempt to cheat the Sweepstakes, as determined at the sole and absolute discretion of Sponsor, may result in immediate disqualification of the entrant, as well as other possible consequences, including disqualification from any and all existing and future sweepstakes. ANY ATTEMPT BY A PERSON TO DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, at its sole and absolute discretion, to disqualify (or terminate the prize of) any individual who is found to be, or suspected of, acting in violation of these Official Rules, or to be acting in an unsportsmanlike, obscene, immoral or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person.
8. Suspension / Modification / Termination. In the event Sponsor is prevented from continuing with the Sweepstakes by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Sweepstakes by any party, or any federal, state, or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a "Force Majeure" event or occurrence), Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes or prize. Sponsor additionally reserves the right, in its sole and absolute discretion: (1) to modify, suspend or terminate the Sweepstakes should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Sweepstakes; or (2) to disqualify any entrant found to be, or suspected of: (a) tampering with the entry process or the operation of the Sweepstakes; (b) acting in violation of these Official Rules; or (c) acting in an un-sportsmanlike manner.
9. Waivers, Disclaimers and Releases. By participating in the Sweepstakes, entrant agrees to release, discharge and hold harmless the Sweepstakes Entities from and against any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to entrant’s participation in the Sweepstakes and/or related to any prize (including, without limitation, losses, damages or injuries to entrant’s or any other person’s equipment or other property, or to their persons, related to participation in the Sweepstakes; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Sweepstakes activity and/or prize). Without limiting the generality of the foregoing, entrants agree that Sweepstakes Entities: (A) have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Sweepstakes and/or with respect to prizes, including, without limitation, to any prize’s quality or fitness for a particular purpose; (B) maintain no control over the personnel, equipment, or operation of any transportation company,  manufacturer or other person or entity furnishing services, products ("Suppliers") as a part of the prizes provided in connection with the Sweepstakes; and (C) will not be responsible or liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to: (1) by the wrongful, negligent or unauthorized act or omission on the part of the Suppliers or any of their agents, servants, employees or independent contractors, (2) by any defect in or failure of any vehicle, equipment, instrumentality, service or product that is owned, operated, furnished or otherwise used by any of those Suppliers, (3) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Sweepstakes Entities, and (4) by any cause, condition or event whatsoever beyond the control of the Sweepstakes Entities. Entrants agree that the Sweepstakes Entities shall have no responsibility or liability for discontinued prizes; human error; incorrect or inaccurate transcription of registration and/or account information; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or Internet service provider utilized by Sponsor; interruption or inability to access the Website or Sponsor or affiliated entities’ respective websites, or any online service via the Internet due to hardware or software compatibility problems; any damage to entrant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Sweepstakes; any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Sweepstakes Entities. Each entrant further agrees to indemnify and hold harmless Sweepstakes Entities from and against any and all liability resulting or arising from the Sweepstakes and to release all rights to bring any claim, action or proceeding against Sweepstakes Entities and hereby acknowledge that Sweepstakes Entities have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a prize, including express warranties provided exclusively by a Supplier that may be sent along with a prize. Sponsor is not responsible for the actions of entrants in connection with the Sweepstakes, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.

 

10. Entry Information and Sweepstakes Communications. Any information entrants provide to Sponsor may be used to communicate with entrant in relation to this Sweepstakes or on a Sweepstakes’ winners list. In the event of a dispute over the identity of an online entrant, entry may be deemed submitted by the registered account holder of the e-mail address associated with the entry for the domain associated with the submitted address provided that person is otherwise eligible. Winner may be required to show proof of being the registered account holder. Registered account holder is defined as the person assigned to an e-mail address by an Internet access provider, online service provider or other organization responsible for assigning e-mail addresses. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry may be deemed ineligible. The Sweepstakes Entities are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s e-mail account to receive e-mail messages.
11. Governing Law / Limitation of Liability. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Sweepstakes Entities in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of Nevada, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (2) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (3) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
12. Dispute Resolution and No Class Relief. Except with respect to the protection and enforcement of the intellectual property rights of the Sweepstakes Entities and their rights to seek and/or obtain injunctive or equitable relief, any claim, cause of action or proceeding arising out of or relating to the these Official Rules of the Sweepstakes shall be resolved by mandatory, binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") as supplemented by AAA’s Supplementary Procedures for Consumer-Related Disputes. The arbitration shall be conducted in the County of Clark, State of Nevada under the Federal Arbitration Act, and not any state law concerning arbitration, shall apply. The arbitration award shall be final and exclusive, and the prevailing party in the arbitration may file an action in court to confirm and to enforce the arbitration award. Any such action, or any claim, cause of action or proceeding not subject to arbitration as set forth in this section shall be filed and adjudicated in a state or federal court in the County of Clark, State of Nevada, and all parties agree to submit to the personal jurisdiction of those courts. Entrants irrevocably waive any rights to seek and/or obtain injunctive or other equitable relief and any defense of forum non conveniens. Should either party pursue any other judicial or administrative action with respect to any matter included within the scope of this binding arbitration provision, the responding party will be entitled to recover its costs, expenses and attorneys’ fees incurred as a result of such action. Further, any and all disputes, claims and causes of action arising out of or connected with the Sweepstakes, or any prize awarded, will be resolved individually, without resort to any form of class action.
13. Name of Sweepstakes Winner/Official Rules Requests. To receive the name of the winner for any Sweepstakes Period, send a stamped self addressed envelope to: "Mobile App Sweepstakes Winners List,", Auto Point, Inc., 3058 East Sunset Rd., #113, Las Vegas, NV 89120 (Attn: Director of Marketing). Please indicate that you are requesting a Sweepstakes’ winners list.

For a copy of these Official Rules, send a legal-size, self-addressed, stamped envelope to:  "Mobile App Official Rules", Auto Point, Inc., 3058 East Sunset Rd., #113, Las Vegas, NV 89120 (Attn: Director of Marketing) prior to the end of the Entry Period. Please indicate that you are requesting Official Rules for Auto Point, Inc.  iPad® Giveaway Sweepstakes in your request.
14. Miscellaneous. The invalidity or unenforceability of any provision of these Official Rules or the Affidavit will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Affidavit is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. When terms such as "may" are used in these Official Rules, Sponsor has sole and absolute discretion. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, privacy policy or terms of use on the Website and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.

15. Trademarks. Apple® and iPad are registered trademarks of Apple Inc. AutoPoint® is a registered trademark of Auto Point, Inc.  Apple, Inc. does not have any affiliation with Auto Point, Inc. and is not a sponsor of this contest.
16. Sponsor. This Sweepstakes is sponsored and administered by Auto Point, Inc., 3058 East Sunset Rd., #113, Las Vegas, NV 89120. Reference to third parties in connection with prizes and/or third party Websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Sweepstakes.
//End of Official Rules//