Effective April 23, 2021
PLEASE READ THESE TERMS CAREFULLY. THEY INCLUDES AN AGREEMENT TO MANDATORY ARBITRATION FOR USERS IN THE UNITED STATES, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF ANY OF THE SITES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THIS PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER.
The Fisker Rewards Program (the "Program") is brought to you by Fisker Group Inc., or its respective subsidiaries, licensees and affiliated companies (collectively,“Fisker” or “we”). These Program Terms (defined below) constitute a legal agreement between you and Fisker.
Fisker, in its absolute discretion, reserves the right to cancel, change, suspend or modify any aspect of the Program at any time and for any reason. If we make changes, we will post the amended Program Terms on our website and update the “Effective” date above. We may also attempt to notify you in other ways. Unless we say otherwise, the amended Program Terms will be effective immediately and your continued participation in the Program after the amended terms are posted will confirm your acceptance of the changes. If you do not agree to the amended Program Terms, you must stop participating in the Program.
If you do not agree to the entirety of the Program Terms, you are not authorized to participate in the Program in any manner. You may not participate in the Program where doing so would be prohibited by any applicable law, regulation, or professional code of conduct. Fisker further reserves the right to disqualify any participant at any time from participation in the Program if you do not comply with these Program Terms. Fisker’s failure to enforce any term of these Program Terms shall not constitute a waiver of that provision.
1. About the Program
The Program is one way in which Fisker endeavors to reward and thank loyal customers. Program participants are able to earn and accumulate points that can be redeemed for Program benefits ("Rewards").
2. Program Period
This Program will continue until terminated, suspended, modified, or converted to another referral or rewards program by Fisker ("Program Period").
To participate in the Program, during the Program Period, you must (i) be eighteen (18) years or older, (ii) create a Fisker account, (iii) place a reservation, and (iv) agree to our Reservation Terms. Employees, officers and directors, their immediate family members (spouse, siblings, children and parents, regardless of where they live) or members of the same households (whether related or not) of Fisker or its affiliates are not eligible to participate in the Program.
4. Program Participation
Once you create an account and place a reservation for a vehicle, you will receive a personalized referral code (“Rewards Code”), which will also be accessible in your Fisker Account page. You can send this personalized Rewards Code to your friends and family letting them know about Fisker. We will also provide a functionality to allow you to send an invite to Fisker through e-mail or social media sites such as Facebook, Twitter, and LinkedIn. Note that if you cancel your Fisker reservation, your Rewards Code will be inactive.
5. Qualified Referrals
You can earn points for each Qualified Referral. A “Qualified Referral” means a new Fisker User who creates a Fisker Account, makes a reservation, and uses your unique Rewards Code at checkout.
Points will only be awarded for Qualified Referrals completed using active Rewards Codes during the Program Period. The referred individual and the Program participant cannot be the same person (for example, by using a different e-mail address). There is a maximum of one point issued per Qualified Referral.
6. Earning Points
You will earn one (1) point for each Qualified Referral made, and the individual using your Rewards Code will also earn one (1) point. From time to time, we may offer special opportunities to earn additional points, including through limited time refer-a-friend bonus programs or by completing surveys (“Promotional Program Period”). In addition to these Program Terms, any points earned during Promotional Program Periods are subject to the terms and conditions of that offer.
You can earn an unlimited number of points, subject to these Program Terms, which will be used to unlock promotional products or offers based on the number of points accrued (“Fisker Rewards Milestones”). Please allow up to five (5) business days from the date of the Qualified Referral for your points to be issued. Fisker may, in its sole discretion, withhold points for investigations, or refuse to process any transaction Fisker deems to be fraudulent, suspicious, in violation of these Program Terms, or believes will impose potential liability on Fisker, its subsidiaries, affiliates, or any of their respective officers, directors, employees, representative and/or agent. All decisions of Fisker are final and binding.
You can check how many points you have earned by going to your Fisker Account page.
7. Earning Rewards
The more points you accrue, the more rewards you can receive! Points will be automatically redeemed on a monthly basis as described in the Fisker Rewards Milestones, which can be found here. You will continue to accrue points as you refer more friends! Fisker will send you an e-mail every time you unlock a reward with more information on how to redeem your reward. For physical products, we may need your shipping address so Fisker can mail you your earned reward. Please allow up to 10 business days from the date you unlock a reward for Fisker to contact you. You must promptly respond with any requested information or the reward may be forfeited. Rewards Milestones and promotional products associated with each Milestone are subject to change at any time, and for any reason, with or without notice to you.
Points are issued for promotional purposes only and have no cash value. Points are not transferable. No substitution or cash redemption of any points, or portion thereof, is permitted. Points are redeemable only in connection with a promotional product included in the Fisker Rewards Milestones. Points may not be sold, transferred (by operation of law or otherwise), assigned to, or shared with any other individual for any commercial purpose. You are responsible for any federal, state or local taxes applicable to your participation in the Program.
You are solely responsible for your communications with third parties regarding your Rewards Code. You must comply with all laws and marketing regulations, which may include the laws where your friends or family members live. You agree that you will not attempt to mislead anyone in connection with the Program, either by affirmative representation, implication, or omission. You further agree that you will not “spam” anyone with invitations to join the Program, requests to redeem your Rewards Code, or in any other method that may be considered annoying or unwelcome, and that you at all times will remain compliant with CAN-SPAM, the Telephone Consumer Protection Act, and other Applicable Laws. Any distribution of your Rewards Code that could constitute unsolicited commercial e-mail or “spam” under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your Account and exclusion from the Program.
Fisker reserves the right, at its sole discretion, to prohibit any participant from participating in any aspect of the Program if Fisker deems or suspects that such participant has engaged in or has attempted to engage in any of the following: a) acting in violation of these Program Terms; b) damaging, tampering with or corrupting the operation of the Program; c) acting with intent to annoy, harass, or abuse any other person; d) any inappropriate, uncooperative, disruptive, fraudulent, potentially fraudulent, or unusual behavior or activity; or e) activity deemed in the sole discretion of Fisker to be generally inconsistent with the intended operation of the Program. Fisker shall be the sole determiner in cases of suspected abuse, fraud, or breach of these Program Terms or intent of these Program Terms.
9. Points Expiration
Any earned points will expire after 24 months of Program inactivity (e.g. no referrals are made which means you don’t earn any points).
10. Communications with Fisker
By joining the Program, you agree to receive communications regarding the Program from Fisker. In addition, you will receive marketing communications with offers, events, and other promotions from Fisker. You can unsubscribe from marketing communications at any time by clicking on the “unsubscribe” link in the footer of the e-mails or contacting us at the contact information below.
12. Your Right to Cancellation
You can cancel your participation in the Program at any time. Upon cancellation, any unused points accrued in your account will automatically expire (and cannot be redeemed) and your Rewards Code will become inactive. To cancel your membership, you must e-mail us at email@example.com.
13. Right to Close Accounts
Fisker reserves the right to close the account(s) of any Program participant and to request proper payment if the participant attempts to use the Program in a questionable manner, breaches any of these Program Terms, or is in violation of any law, statute or governmental regulation. Upon cancellation, any unused points accrued in your account will automatically expire and cannot be redeemed.
14. Right to Suspend, Cancel Program or Change Program Terms
Fisker reserves the right to modify, amend, suspend or terminate the Program at any time and for any reason at its sole discretion. Continued participation in the Program after any update will mean that you have agreed to the update. This right, however, will not affect the expiration date for any reward that has been already provided or earned, in accordance with these Program Terms.
15. Release of Liability
To the fullest extent permitted under Applicable Law, Program participants release Fisker, its parent company, subsidiaries, affiliates, suppliers, advertising, and promotions agencies and their respective directors, officers, employees, and agents (“Released Parties”) from any and all liability for any loss, harm, damages, cost, or expense, including, without limitation, property damages, personal injury and/or death, arising out of or in any way connected to the Program.
Program participants agree to indemnify, defend, and hold Fisker and its representatives and agents harmless from and against any and all third-party claims, demands, liabilities, costs, or expenses, including attorney’s fees and costs, arising from, or related to any breach by the participant of any of these Program Terms or any violation by participant of applicable law.
17. Dispute Resolution
Initial Dispute Resolution
We are available by e-mail at firstname.lastname@example.org to address any concerns you may have regarding your use of the Fisker Properties. Most concerns may be quickly resolved in this manner. You agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
Agreement to Binding Arbitration
If we do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated, then either you or we may initiate binding arbitration. All claims arising out of or relating to the Agreement (including its formation, performance and breach), the scope of this arbitration clause, the parties’ relationship with each other and/or your use of the Fisker Properties shall be finally settled by binding arbitration administered on a confidential basis by the American Arbitration Association ("AAA"), in accordance with the AAA Arbitration Rules and Procedures, as modified herein, and excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the AAA Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of the Agreement, including, but not limited to, any claim that all or any part of the Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of this Agreement shall be subject to the Federal Arbitration Act. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250), and the claim is found to be non-frivolous, we will pay the additional cost. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration.
You understand that, absent this mandatory provision, you would have the right to sue in court and have a jury trial. You further understand that the right to discovery and appeal, among others, may be more limited in arbitration than in court.
The above disclaimers apply to the present Program Terms to the maximum extent permitted by law.
19. General Terms
These Program Terms constitute the entire agreement between participants and Fisker concerning participation in the Program. The failure of Fisker to exercise or enforce any right or provision of these Program Terms shall not constitute a waiver of such right or provision. If any provision of these Program Terms is found to be invalid, the parties nevertheless agree to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Program Terms remain in full force and effect. The section titles in these Program Terms are for convenience only and have no legal or contractual effect. A person who is not a party to these Program Terms shall have no right to enforce or receive the benefit of any of these Program Terms.
20. Contact Us
For more information about the Program please contact us at email@example.com.