Promotional Offers Terms & Conditions

Last Updated: June 2, 2020

1. Promotional Offer: Unless otherwise indicated, these Promotion Terms and Conditions (“Terms”) govern all promotional offers sent by Chewy, Inc. ("Sponsor") and its parent company, subsidiaries, affiliates, partners (collectively, “Chewy’s Promotional Offers”), including offers of free items, rewards, savings, discounts and/or other benefits (collectively, “Benefits”). Offers are limited to residents of the 48 contiguous United States and D.C., aged 18 or older. Offers are limited to only the eligible products and qualifying items (collectively, “Eligible Products”) set forth in Chewy’s Promotional Offers. Unless otherwise indicated, all Eligible Products must be in customer’s cart at checkout to qualify for offer and must be purchased in a single transaction. Any required spend amount refers to the purchase price of the Eligible Products and does not include tax. Specific conditions and limitations for each offer are stated in Chewy’s Promotional Offer. For exclusive offers, offer is valid only for intended recipient of Chewy’s Promotional Offer email or direct mail. Duplicate requests will constitute fraud. Theft, diversion, reproduction, transfer, sale or purchase of any offer is prohibited and constitutes fraud. Void outside of the 48 Contiguous United States and the District of Columbia and where prohibited, taxed, or restricted by law. No substitutions or cash redemptions. Any applicable taxes (if any) are the sole responsibility of the Benefit recipient.

2. Benefit Conditions: Benefits are only redeemable in the manner stated in Chewy’s Promotional Offers in accordance with these Terms. All Benefits are available while supplies last and subject to availability. Gift card and coupon terms and conditions apply for gift card and coupon Benefits. If you return Eligible Product(s) in accordance with the Chewy’s return policy, you must return your Benefit or otherwise your refund may be void.

3. General Conditions: Chewy reserves the right in its sole discretion to not redeem a Benefit of any individual it finds to be engaging in fraud or undermining the legitimate operation of this Promotional Offer or acting in an abusive, fraudulent, deceptive or disruptive manner or in violation of these Terms. Any attempt by any person to undermine the legitimate operation of the Promotional Offer may be a violation of criminal and civil law and should such an attempt be made, Chewy reserves the right to seek damages from any such person to the fullest extent permitted by law. Chewy reserves the right to make the final decision with respect to redemption and fulfillment of any Benefit, in its sole discretion. Chewy reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Promotional Offer should (in its sole discretion) virus, bugs, epidemics, non-authorized human intervention, cheating, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Promotional Offer. Void where prohibited or expired. Sponsor is not responsible for late, non-compliant, postage-due or misdirected requests. Requests not complying with all offer requirements will not be honored.

By participating, you agree to release and hold harmless Chewy and its advertising and promotion agencies and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, the “Released Parties”), from and against any liability, loss, claims or causes of action arising out of participation in the Promotional Offer and/or receipt, use or misuse of any Benefit, including, but

not limited to: (a) unauthorized human intervention in the Promotional Offer; (b) technical, mechanical or printing errors; (c) the administration of the Promotional Offer (including any errors) and/or the processing fulfillment or redemption of requests; (d) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from your participation in the Promotional Offer or receipt or use of any Benefit; and/or (e) a partner’s failure to Redeem the Benefit for whatever reason. You further agree that in no event shall the Released Parties be liable for attorney’s fees. You waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.

4. Arbitration: EXCEPT FOR A CLAIM THAT MAY BE BROUGHT IN SMALL CLAIMS COURT, YOU AND CHEWY AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.

Any and all disputes between you and Chewy, its agents, employees, officers, directors, principals, successors, assigns, subsidiaries, affiliates, or independent contractors, including veterinarians, (collectively for purposes of this section, 'Chewy'), including disputes arising from or relating to these Terms of Use, the Privacy Policy, Autoship Terms and Conditions, Gift Card Terms & Conditions, Promotional Offers Terms & Conditions, Customer Reviews and Q&A Terms and Conditions and their interpretation or the breach, termination or validity thereof, any purchase on www.chewy.com, communications between you and Chewy, the reliance on any advice provided by such independent contractors, or other products, programs, services or promotions provided by Chewy. including disputes about the validity, scope or enforceability of this arbitration provision (collectively, "Covered Disputes") will be settled by binding arbitration administered by the JAMS, Inc. under its rules applicable to consumer disputes, in effect on the date thereof. Information on JAMS and how to start arbitration can be found at www.jamsadr.com or by calling 800-352-5267. For purposes of this section, these Terms of Use and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). To the extent state law applies to any portion of a proceeding brought by you or us, the applicable law will be the law of the state of your residence, as determined based on your shipping address on file with Chewy.com. Except for a demand determined by an arbitrator or court to be frivolous, Chewy will pay up to $10,000 in costs and expenses that otherwise might be due by you under the JAMS consumer arbitration rules. At your election, the arbitration will take place in the county in which you reside or, if you choose, by telephone or based on the parties’ written submissions. Notwithstanding the above, you or Chewy can bring any individual claim in small claims court consistent with the jurisdictional limitations of such court.

Prior to initiating any arbitration, the initiating party will give the other party at least 60-days' advanced written notice of its intent to file for arbitration. Chewy will provide such notice by e-mail to your e-mail address on file with Chewy and you must provide such notice by e-mail to legal@chewy.com. During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. The arbitrator will have the power to grant whatever individual relief would be available in court under law or in equity and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. This provision is a precondition to any arbitration demand.

CHEWY AND YOU AGREE THAT ANY COVERED DISPUTE HEREUNDER WILL BE SUBMITTED TO ARBITRATION ON AN INDIVIDUAL BASIS ONLY. NEITHER CHEWY NOR YOU ARE ENTITLED TO ARBITRATE ANY COVERED DISPUTE AS A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY ACTION AND THE ARBITRATOR(S) WILL HAVE NO AUTHORITY TO PROCEED ON A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL BASIS. If any provision of the agreement to arbitrate in this section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration).

Notwithstanding any provision in these terms to the contrary, we agree that if Chewy makes any future material change to this dispute resolution provision, it will not apply to any individual claim(s) that you had already provided notice to Chewy. In the event that this arbitration agreement does not apply to a given dispute, then the parties agree to the exclusive jurisdiction of the state and federal courts in Broward County, Florida to resolve such claims.

5. Sponsored by: Chewy, Inc., 1855 Griffin Rd Suite B-428, Dania Beach, Florida 33004.