Sponsored by: A Betterway Rent- A-Car, Inc.d/b/a Budget Rent A Car of Atlanta, an independent Budget system licensee, and its affiliated entities (Betterway Group) Marietta, GA 30067.
TERMS:
I. Program Availability & Eligibility:
The Betterway Rewards Program (“Program”) is available only at the following participating Budget Rent-A-Car locations:
|
Budget Rent-A-Car Location |
Website |
|
Atlanta, GA |
|
|
Birmingham, AL |
|
|
Kansas City, MO (including Lawrence, KS) |
|
|
Memphis, TN (including Tupelo, MS airport) |
|
|
Nebraska (including Lincoln and Grand Island) |
|
|
Utah (including St. George) |
|
|
Wichita, KS (includes Hutchinson, KS) |
Budget Rent-A-Car locations not indicated above will NOT participate in the Program.
The Program is offered only in the indicated areas and is void elsewhere and where taxed, prohibited or restricted by law.
Only legal U.S. residents who are 21 years of age or older, who meet Sponsor’s requirements for vehicle rental, may register for and participate in the Program. Employees, officers and directors of Sponsor, its subsidiaries, divisions and affiliates (including participating Budget Rent-A-Car locations, as indicated above) are not eligible for the Program.
INTERNET AND PRINTER ACCESS, AS WELL AS A VALID E-MAIL ADDRESS, ARE REQUIRED TO PARTICIPATE IN THE PROGRAM.
II. Registration:
There is no fee to register for the Program. To register, go to one of the website links in paragraph 1 (“Website”) and set up an online account. This will also enroll you in the Betterway Rewards program. Complete and submit the registration form by following the on-screen prompts and instructions. Or, if you prefer, a Budget Rent-A-Car representative at one of the above-indicated participating locations will assist with you in starting the registration process. (To complete your registration, follow the instructions in the Program email sent to you approximately one (1) day after starting the registration process with a Budget Rent-A-Car representative. It is recommended that you add noreply@betterwayrewards.com to your “Safe Senders” list and check your “SPAM” or “Junk” email folders for the Program email.)
During the registration process, you will be asked to create a password for on-line access and Program participation: it is your sole responsibility to maintain the security of this password at all times. Do NOT share this password with anyone else. Sponsor disclaims any liability for unauthorized Program participation and Program Account access due to a lost or stolen password.
To complete your registration, check the box indicating that you have read and agree to these Terms. IF YOU DO NOT AGREE TO THESE TERMS, YOU CANNOT REGISTER FOR AND PARTICIPATE IN THE PROGRAM. After doing so, you will be registered for the Program and a Program Account will be opened for you. The Program Account will track your progress in the Program, showing your qualifying purchases, “pending” and “awarded” Point balances and Betterway Rewards Certificates redeemed (all as explained below).
You are strongly advised to review your registration information periodically and to update same as necessary. Sponsor, its subsidiaries, affiliates, divisions (including participating Budget Rent-A-Car locations in Atlanta, Birmingham, Kansas City, Memphis, Nebraska, Utah and Wichita) disclaims any and all liability relative to its inability to contact a registered person, process purchase transactions for “pending” Points, validate “pending” Points as “awarded” Points, issue Betterway Rewards Certificates or provide other Program information or materials due to incomplete or outdated contact information.
All information provided when registering for and participating in the Program is subject to the Website’s Privacy Policy,
You are strongly advised to carefully read the Privacy Policy prior to registering for or participating in the Program.
III. To Receive Points:
Registered persons receive Points by spending money for vehicle rentals at participating Budget Rent-A-Car locations only (Atlanta, Birmingham, Kansas City, Memphis, Nebraska, Utah and Wichita). Points are received for vehicle rental time and mileage as well as the purchase of coverages, accessories and gas in conjunction with vehicle rentals. Monies spent on taxes, government fees, airport fees, expense recovery charges and parking will not qualify for receipt of Points. Points will not be awarded on rentals made by redeeming Betterway Rewards Certificates. Vehicle rentals booked with Preferred Member rates also will not qualify for receipt of Points.
Each dollar spent on such qualifying purchases at participating Budget Rent-A-Car locations will result in receipt of one (1) Point.
Registered persons are not required to provide a promotional code or the like in order to receive Points for qualifying purchases. Points will be awarded automatically to registered persons who make qualifying purchases.
By posting a notice on the Website, Sponsor may modify the above list of Budget Rent-A-Car purchases which qualify for Points. Sponsor will provide at least (10) business days’ notice prior to making any such modifications. (But, removal of a purchase from the list of qualifying purchases will not affect registered persons who already made the applicable type of purchase and received Points in accordance with these Terms.)
Reservations qualifying for Points may be made with a participating Budget Rent-A-Car location by booking on-line through one of the participating location’s websites (i.e., www.budgetatl.com, www.budgetbhm.com, www.budgetkc.com, www.budgetmemphis.com, www.budgetnebraska.com, www.budgetutah.com or www.budgetwichita.com), by phone call to participating location, or at the location itself. A registered person may also make a qualifying reservation for a participating Budget Rent-A-Car location via the national Budget Rent-A-Car website (www.budget.com) or the national Budget Rent-A-Car reservation phone number. Reservations made through a travel agent, online travel agent or other association website or other third party will NOT qualify for Points (even if made with a participating Budget Rent-A-Car location).
IV. About Points:
After conclusion of qualifying purchase transaction (i.e., return of vehicle rental), allow approximately forty-eight (48) hours processing time for Points to be reflected as “pending” in your Program Account. “Pending” Points cannot be redeemed by registered person for Betterway Rewards Certificate (“Certificate”) unless and until they have been validated and marked as “awarded” by Sponsor.
If the underlying, qualifying purchase transaction is cancelled or voided by participating Budget Rent-A-Car location for any reason, any “pending” Points available in conjunction with such purchase transaction will be forfeited by registered person and Sponsor will have no liability relative to same.
The Point validation process will take approximately seven (7) – ten (10) business days; but, Sponsor reserves the right to take additional time to validate Points as it deems necessary in its sole discretion and without liability or further notice, so as to confirm the authenticity and legitimacy of “pending” Points. As part of the Point validation process, Sponsor reserves the right to require registered person to provide information and/or materials establishing that his/her participation in the Program is in full compliance with these Terms. This includes but is not limited to the provision of information and/or materials substantiating the manner in which registered person acquired Points. Should Sponsor determine that such additional materials/information are inadequate or defective in any way or should registered person fail to timely provide such additional materials/information upon Sponsor’s request, Sponsor will deem such “pending” Points invalid, in whole or in part. In such case, Sponsor shall have no liability to such registered person in conjunction with such invalidated “pending” Points. Sponsor further reserves the right to terminate such registered person’s Program Account without further notice and/or to pursue appropriate legal remedies should Sponsor suspect that such registered person sought to defraud Sponsor in conjunction with Program participation.
Points are valid and must be redeemed for Certificate within one (1) year of date of Points being designated as “awarded” by Sponsor; if not used by that time, Points expire and are void. IT IS THE REGISTERED PERSON’S SOLE RESPONSIBILITY TO KEEP TRACK OF THE EXPIRATION DATE OF HIS/HER (“AWARDED”) POINTS. WHILE REGISTERED PERSON MAY BE NOTIFIED IN ADVANCE OF EXPIRATION OF HIS/HER (“AWARDED”) POINTS VIA HIS/HER PROGRAM ACCOUNT OR OTHERWISE, SPONSOR DISCLAIMS ANY AND ALL LIABILITY FOR (“AWARDED”) POINTS THAT HAVE EXPIRED.
Points are (and remain at all times) the property of Sponsor and are intended solely for Sponsor’s internal use in tracking registered persons’ participation in the Program. Registered persons have no property interest in Points. Points have no cash value; points can only be acquired by registered persons making qualifying Budget Rent-A-Car purchases (at participating Budget Rent-A-Car locations in Atlanta, Birmingham, Kansas City, Memphis, Nebraska, Utah and Wichita) and cannot be obtained otherwise (e.g., Points cannot be purchased directly). Any attempted sale, purchase, transfer or assignment of Points is void and of no legal effect, with all Points involved in the attempted transfer being forfeited; in addition, such actions may result in termination of registered person’s Program Account without further notice. In such case, Sponsor also reserves the right to pursue appropriate legal remedies against all persons involved in such attempted transfer of Points.
V. Betterway Rewards Certificates:
A registered person who is a Betterway Rewards Preferred Member can redeem every twelve (12) “awarded” Points for one dollar ($1) value on a Certificate. A registered person who is a Betterway Rewards Gold Member can redeem every ten (10) “awarded” Points for one dollar ($1) value on a Certificate.
By posting a notice on the Website, Sponsor may modify the valuation of Points (for registered persons who are Betterway Rewards Preferred and/or Betterway Rewards Gold Members) and when “awarded” Points may be redeemed for Certificates. Sponsor will provide at least (10) business days’ notice prior to making any such modification. (But, such modification of Point redemption values will not affect Certificates already issued by Sponsor.)
To redeem Points for Certificate, access your Program Account and click on the “Redeem Points” button. You will be asked to select the denomination of the Certificate you would like to redeem as well as the quantity of that particular Certificate denomination. Please note that there is a maximum of five (5) Certificates that can be applied towards any rental or airport parking in Omaha and Birmingham. Once this figure is entered, a Certificate will be created and must be printed out for future use, subject to the expiration date below. When Certificate is created, the applicable number of Points will be deducted from your Program Account. BE CAREFUL BECAUSE ONCE REDEEMED FOR A CERTIFICATE AND DEDUCTED FROM YOUR PROGRAM ACCOUNT POINT BALANCE, POINTS CANNOT BE REPLACED OR RESTORED.
Certificates are valid for one (1) year from the date of creation. If not used by the expiration date, Certificate is void and Sponsor shall not have any liability for same. IT IS THE RECIPIENT’S SOLE RESPONSIBILITY TO KEEP TRACK OF THE EXPIRATION DATE OF CERTIFICATE. RECIPIENT WILL NOT RECEIVE ANY NOTICE OR WARNING FROM SPONSOR PRIOR TO CERTIFICATE EXPIRATION.
Certificates may be used at any participating Budget Rent-A-Car location (Atlanta, Birmingham, Kansas City, Memphis, Nebraska, Utah and Wichita) for all costs associated with vehicle rental, including vehicle rental time and mileage as well as the purchase of coverages, accessories and gas, taxes, government fees, airport fees and expense recovery charges. Certificates may also be used for costs associated with parking at our Omaha Airport and Birmingham Airport parking facilities.
Certificate is valid only for registered person who originally received same by redeeming “awarded” Points from his/her Program Account and is NOT transferable. Certificates may only be redeemed in-person at participating Budget Rent-A-Car location when returning vehicle rental, with presentation of valid government-issued photo identification. Printed Certificate is required for use. Certificate is not redeemable or exchangeable for cash or credit. One-day advance reservation is required in order to use Certificate. Certificate cannot be combined with any other offer, promotion, coupon or discount, regardless of whether sponsored by participating Budget Rent-A-Car location (in Atlanta, Birmingham, Kansas City, Memphis, Nebraska, Utah and Wichita), any other Budget Rent-A-Car location or Budget Rent A Car System, Inc. Additional restrictions on use may apply as indicated on the Certificate. Certificates are good for one-time use only and must be redeemed in their entirety. No refund or change will be given if rental charges are less than the Certificate value.
If Certificate is defective or irregular, Sponsor at its sole discretion may replace such Certificate with another Certificate of equal value (i.e., for same number of “awarded” Points). But, should Sponsor decide not to replace Certificate, Sponsor shall not have any liability of any kind in conjunction therewith.
VI. General:
By participating in the Program, you agree to release and hold harmless Betterway Group, an independent Budget system licensee, its subsidiaries, affiliates, divisions (including participating Budget Rent-A-Car locations in Atlanta, Birmingham, Kansas City, Memphis, Nebraska, Utah and Wichita), and their respective officers, directors, employees, agents, shareholders, representatives, successors and assigns, from any and all liability in conjunction with the Program.
The information in your Program Account (including “pending” Points, “awarded” Points, Certificates created and/or redeemed) or otherwise furnished by Sponsor in conjunction with Program administration may not be current at all times. Sponsor reserves the right, without liability or notice of any kind, to update or modify Program Account information. It is strongly recommended that you maintain your own records of your participation in the Program.
Any taxes on Certificates received in conjunction with the Program are the registered person’s sole responsibility. Any and all expenses incurred by registered person in conjunction with Program participation are his/her sole responsibility.
All decisions of Sponsor regarding the Program are final and binding in all respects and are not subject to appeal.
Sponsor expressly disclaims any and all liability for electronic, programming, technological, software, network or other error, malfunction or failure which interrupts or prevents the availability or operation of the Program. Sponsor further disclaims any and all liability for late, lost, stolen, garbled, corrupted, blocked/inaccessible, irregular qualifying purchase transaction information, Points, Certificates or communications between Sponsor and registered persons (e.g., email notifications from Sponsor not received by a registered person or a person seeking to register for the Program for any reason).
Sponsor reserves the right in its sole discretion to suspend, terminate or modify the Program at any time due to force majeure event (e.g., natural disaster, riot, strike, work stoppage) or to terminate the Program for any reason without liability, subject only to the prescribed notifications of prospective modifications of the Program as set forth in Sect. III (“To Receive Points”) and Sect. V (“Betterway Rewards Certificates”) above. Notice of such action will be posted on the Website. Sponsor will provide at least (10) business days’ notice prior to suspending/terminating/modifying the Program; and, in such case, Sponsor shall allow a grace period of six (b) months for persons to redeem “awarded” Points for Certificates.
Dispute Resolution
By using the Website, you and Betterway Group agree that if there is any controversy, claim, action, or dispute arising out of or related to your use of the Website, or the breach, enforcement, interpretation, or validity of these Terms or any part thereof (a “Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent to Betterway Group at: customerservice@budgetbhm.com.
Both you and Betterway Group agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party.
IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such Disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect in the State of Georgia before three (3) arbitrators to be mutually agreed upon by both parties.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable.
Choice of Law and Forum
Unless otherwise specified, the content contained in this Website is presented solely for your convenience and/or information. This Website is controlled and operated by Betterway Group from its offices in Marietta, GA. Betterway Group makes no representation that content in its Website is appropriate or available for use in other locations. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
These Terms shall be governed by, construed and enforced in accordance with the laws of the State of Georgia, as they are applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or Betterway Group, brings to enforce these Terms, or in connection with any matters related to this Website, shall be brought only in either the state or Federal courts located in Georgia, and you expressly consent to the jurisdiction of said courts. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the foregoing with respect to applicable substantive law, any arbitration conducted pursuant to these Terms shall be governed by the U.S. Federal Arbitration Act (9 U.S.C., Secs. 1-16).
You further agree that any disputes or claims not subject to the arbitration provision discussed above shall be resolved by a court located in Cobb County, Georgia, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN COBB COUNTY, GEORGIA FOR ANY DISPUTES OR CLAIMS BROUGHT UNDER THIS PROVISION; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN COBB COUNTY, GEORGIA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.