This Policy does not address, and we are not responsible for, the privacy, information, or other practices of any third parties, including any third party operating any site or service to which the Site links. The inclusion of a link on the Site does not imply endorsement of the linked site or service by us or by our affiliates, nor does it imply an affiliation with the third party.
Please note that we are not responsible for the collection, use, or disclosure policies and practices (including the data security practices) of other organizations, such as any other app developer, app provider, social media platform provider, operating system provider, or wireless service provider, including any personal information you disclose to other organizations through or in connection with our software applications or social media pages.
"Personal Information" means information about you that is personally identifiable, such as your name, address, email address, or phone number, and that is not otherwise publicly available.
"Non-Personal Information" means information that does not personally identify you and cannot be used to contact you or identify you (for example, your IP Address, your browser type).
"Information" means both Personal Information and Non-Personal Information.
When we collect Personal Information via the Site, it is only done with your knowledge (such as filling out a submission form). This Personal Information may include your name, email address, telephone number, address, and credit card information.
We also collect and store Non-Personal Information, such as visitor traffic, page hits, site referral information, browser information, downloads, and general Site use information through typical Internet data collection tools, such as web beacons, cookies, and embedded Web links. These tools collect information that your browser sends to our Site, such as your browser type and language, access times, and the address of the website from which you arrived at this Site, and can track clickstream behavior (i.e. the pages you view, the links you click, and other actions you take in using the Site). These tools we use do not obtain Personal Information about you and cannot obtain information from your hard drive or pass on a computer virus. We use this Non-Personal Information to better understand the use of the Site, to improve and revise the Site and to track interest.
Most modern browsers allow users to decide whether to accept cookies, but rejection of cookies may cause some parts of the Site to not function properly or be inaccessible.
Nikola™ Motor also collects Personal and Non-Personal Information from commercially available sources that may be used along with the information Nikola™ Motor collects when you visit the Site. For example, Nikola™ Motor may compare the geographic information acquired from commercial sources with the IP address collected by the data collection tools to derive your general geographic area.
Nikola™ Motor may use Personal Information, for example, your email address, to provide you with marketing or other communications. Nikola™ Motor may also share your Personal Information with its trusted business partners so they may also offer services that complement those provided by us. We may also share Personal Information and Non-Personal Information with third parties that assist us with this Site. For example, we may engage third parties to make improvements on our Site, to offer new products, to provide e-mail and other marketing support, and to allow us to customize your experience on the Site. We also engage another company to validate and process credit card payments. To unsubscribe from our mailing list(s), please follow the directions in the email from Constant Contact.
We seek to use reasonable organizational, technical, and administrative measures to protect Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account with us has been compromised), please immediately notify us of the problem by contacting us in accordance with the "How to Contact Us" section below.
If you sell or transfer your Nikola™ Motor vehicle to another person, please notify us so that we can determine whether additional steps are required to help safeguard your Personal Information from disclosure to the purchaser or transferee of the Nikola™ Motor vehicle.
Providing you with a secure ordering experience is a high priority. When you submit an order to the Site, we encrypt your order information by using Secure Sockets Layer (SSL) software when it is transmitted for credit card processing. Encryption is a process by which software scrambles information in transit. The Site is also registered with site identification authorities to enable your browser to confirm party companies, they have access to Personal Information and Non-Personal Information as needed to perform their functions, but they may not use it for other purposes. We do not otherwise disclose any Information to third parties, except if we believe release is necessary to comply with any law, regulation, subpoena, or court order; and to help prevent fraud or to enforce or protect the rights and properties of Nikola™ Motor or its affiliates.
International Customers should note that the database of Personal Information is retained by Nikola™ Motor in the United States. In addition, Personal Information may be shared with a third party to support services for us as described in the paragraph above, and such third party may store Personal Information on servers located in or outside the United States.
The identity of Nikola™ Motor's Site site is automatically confirmed behind the scenes prior to the transmission of any Personal Information requested to complete an online order so that your data reaches your intended target.
When confirming an order to you, we will reveal only the last four digits of your credit card numbers. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing.
Our Site is not directed towards children 16 years of age or under and we do not knowingly collect any information from children 16 years of age or under through the Site.
In the event that there is merger, consolidation, reorganization, or another company acquires the stock or assets of Nikola™ Motor, we reserve the right to include Information among the assets to the changed corporate structure.
Nikola™ Motor may revise this Policy at any time by updating this posting. You should visit this page from time to time to review the current Policy that applies.
To contact us with a question or comment, to opt out from certain services, or to request access to, correction, or deletion of your personal information, please contact us via e‐mail at email@example.com.
Please note that e-mail communications are not always secure, so please do not include credit card information or sensitive information in your e-mails to us.
You may view and download the materials at this Site only for your personal, non-commercial use. You may not reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the materials on this Site, or otherwise use them for any public or commercial purpose.
You agree that you will not use the Site to: (i) transmit spam, bulk, or unsolicited communications; (ii) pretend to be Nikola™ or spoof Nikola™ Motor's identity or misrepresent any affiliate with Nikola™ Motor; (iii) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any content transmitted to or via the Site; or (iv) disrupt the normal flow or otherwise act in a manner that negatively affects other users' ability to use the Site. Nikola™ reserves the right to report any wrongdoing to the applicable government agencies.
You agree you will not use any robot, spider, other automatic device, or manual process to monitor or copy the Site web pages or its content without the prior, written permission of Nikola™ Motor.
Internet pages, press releases, investor relations releases, outlooks, presentations, audio and video files of events (live or recorded) and other documents on the Site may contain, among other things, forward-looking statements that reflect management's current views with respect to future events. The words "anticipate," "assume," "believe," "estimate," "expect," "intend," "may," "plan," "project" and "should" and similar expressions identify forward-looking statements. Such statements are subject to risks and uncertainties, including, but not limited to: changes in currency exchange rates, interest rates and in raw material prices; introduction of competing products; increased sales incentives; and decline in resale prices of used vehicles.
Except as otherwise provided herein, you may exchange or return merchandise you order through the Site for credit, a different merchandise, or a refund to the original payment method within thirty (30) calendar days after your receipt of the merchandise ordered by notifying Nikola™ through the Site at https://nikolamotor.com/contact with a message that contains your name, the order number, and whether you would like to return or exchange any item associated with the order. Upon verification of your order, Nikola™ will provide you with further instructions regarding return or exchange of the merchandise.
Notwithstanding the foregoing, the following restrictions apply: (A) discounted merchandise are final sale and are not eligible for return or exchange; (B) merchandise must be returned in original packaging; (C) merchandise must be returned in like new condition with no visible signs of use or wear; and (D) replacement merchandise is available without undue burden to Nikola™.
Nikola™ reserves the right to refuse any order you place via the Site and may, in Nikola’s™ sole and absolute discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event Nikola™ makes a change to or cancels an order, Nikola™ will attempt to notify you by contacting you per the information you provided at the time the order was placed. Nikola™ reserves the right to limit or prohibit orders that, in Nikola’s™ sole discretion, appear to be placed by unauthorized resellers or distributors.
Nikola™ makes no representations or endorsements regarding the quality, accuracy, reliability or condition of any content posted on the Site. In addition, links on this Site to third-party websites are provided solely as a convenience. Nikola™ has not reviewed all of these third-party sites and is not responsible for any of these sites or their content. Nikola™ does not endorse, or make any representations about the information, software or other products or materials found on third party sites. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk.
The text, images, graphics, sound files, animation files, video files and their arrangement on the Site are all subject to copyright and other intellectual property protection. These objects may not be copied for commercial use or distribution, nor may these objects be modified or reposted. Unauthorized use of any of the materials on this Site may violate copyright, trademark and other laws. The copyright in all materials provided on this Site is held by Nikola™ or its suppliers.
"Nikola™ Motor Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans and other designations Nikola™ Motor uses in connection with its products and services. You agree not to incorporate any Nikola™ Motor Trademarks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations without the prior, written permission of Nikola™ Motor.
Unless explicitly stated herein, nothing in this TOU shall be construed as conferring to you any license to any Nikola™ Motor or third party intellectual property rights, whether by estoppel, implication, or otherwise.
In addition, if the Site provides areas where users can post communications, Nikola™ may, but is not obligated to, monitor or review the content on the Site where users post information. Nikola™ shall have the right to remove any communications from others on the Site, in its sole discretion, including materials that Nikola™ deems to be abusive, defamatory, obscene or otherwise unacceptable. Nikola™ shall have no liability related to the content in any communications by others, whether arising under the laws of copyright, libel, privacy, obscenity or otherwise.
NIKOLA™ PROVIDES THIS WEB SITE, AND ALL CONTENT AND MATERIALS ON THIS WEB SITE "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, AND NON-INFRINGEMENT. WHILE THE INFORMATION PROVIDED IS BELIEVED TO BE ACCURATE, IT MAY INCLUDE ERRORS OR INACCURACIES. NIKOLA™ MOTOR'S OBLIGATIONS WITH RESPECT TO ITS PRODUCTS AND SERVICES ARE GOVERNED SOLELY BY AN AGREEMENT UNDER WHICH THE PRODUCTS AND SERVICES ARE PROVIDED. NOTHING ON THIS SITE SHOULD BE CONSTRUED TO CREATE OR MODIFY ANY SUCH AGREEMENTS. NIKOLA™ MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. NIKOLA RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS AND TO CHANGE OR UPDATE INFORMATION OR CANCEL ORDERS IF ANY INFORMATION ON THE SITE IS INACCURATE, AT ANY TIME WITHOUT PRIOR NOTICE. THIS DISCLAIMER IS MADE TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES AND COUNTRIES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
Nikola makes and has made reasonable efforts to render as accurately as possible the colors and styles of any items that appear on the Site. Nikola™ cannot guarantee that your device’s display accurately renders the colors or the styles.
All prices specified are recommended retail prices. Prices are current at the time of publication and subject to change without notice.
IN NO EVENT WHATSOEVER SHALL NIKOLA™ MOTOR, ITS PARENT COMPANIES, AFFILIATES, OR SUPPLIERS OR THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, PROFIT, REVENUE, GOODWILL, OR DOWNTIME, (ARISING UNDER TORT, CONTRACT, OR OTHER LAW), REGARDLESS OF SUCH PARTY'S NEGLIGENCE OR WHETHER SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND AGREE THAT THE DOWNLOAD AND UPLOAD OF ANY MATERIAL THROUGH THIS SITE IS DONE AT YOUR DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. NIKOLA™ ASSUMES NO LIABILITY IN CONNECTION WITH THE PROVISION OF THE SITE TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JUSRISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDIENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Any material, information or idea you transmit to Nikola™ or post on this Site will be treated as non-confidential and non-proprietary. Nikola™ will have no obligations with respect to such submissions and Nikola™ will be free to copy, disclose, distribute, incorporate and otherwise use any such submission for any and all commercial or non-commercial purposes.
Nikola™ administers this Site from its offices in Phoenix, Arizona, USA. Nikola™ makes no representation that materials or services at this Site are appropriate or available for use outside the United States. If you choose to access this Site from outside the United States, you are responsible for compliance with all applicable local laws. This TOU shall be governed by and construed in accordance with the laws of the state of Arizona exclusive of its choice of law or conflicts of law rules. The exclusive venue for all litigation regarding or arising out of the Site shall be in Maricopa County, Arizona and you agree to submit to the jurisdiction of the courts of Maricopa County, Arizona for such litigation.
In the event that one or more portions of this TOU shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision contained in this TOU. Any delay or failure to require performance of any provision hereof shall in no manner affect any right at a later time to enforce such provision. Nikola™ may revise this TOU at any time by updating this posting. These terms are effective unless and until this TOU has been terminated by either you or Nikola. You may terminate this TOU at any time. Nikola also may terminate this TOU at any time without notice, and may deny you access to the Site, if in Nikola’s sole judgment, you fail to comply with any term or provision of the TOU. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this TOU, for all purposes. You should visit this page from time to time to review the most current TOU because it will be binding on you.
This marketing sweepstakes (“Sweepstakes”) is open only to those who enter by following the instructions set forth in the announcement, social media post, website, or other official Nikola Corporation (“Nikola”) medium in which the contest is publicized (“Advertisement”) and who are 18 years of age or older as of the date of entry. The Sweepstakes is only open to legal residents of the United States of America and is void where prohibited by law. Employees of Nikola, its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in the Sweepstakes.
2. Agreement to Official Rules
By participating in the Sweepstakes, you agree to be bound by these Official Rules, and you represent and warrant that you meet the eligibility requirements. In addition, you agree to accept the decisions of Nikola for any reason, without regard to any effect upon you, as final and binding in relation to this Sweepstakes.
3. Sweepstakes Period
Sweepstakes entries will be accepted online beginning at the starting date and time listed in the Advertisement (“Express Start”), or if no such date and time is listed, beginning at the date and time of the initial Advertisement stating that the Sweepstakes is open for entries (“Deemed Start”), and ending at the ending date and time listed in the Advertisement (“Express End”) or, if no such date or time is listed, at 11:59 PM on the date that is 72 hours after the Deemed Start (“Deemed End”). Unless otherwise specified in the Advertisement, all dates and times are Mountain Standard Time.
4. How to Enter
All valid Sweepstakes entries must meet all conditions set forth in the Advertisement and these Official Rules (collectively “Conditions”). Entries that are incomplete or do not conform to the Conditions may be deemed invalid by Nikola for any reason, without regard to any effect upon you. You may enter only once. You must provide the information requested. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent these Official Rules. If You use fraudulent methods or otherwise attempt to circumvent these Official Rules, your entry may be determined invalid and void by Nikola for any reason without regard to any effect upon.
The winner(s) of the Sweepstakes (each a “Winner”) will receive the prizes listed in the Advertisement. Actual/appraised value may differ at the time of prize delivery to any Winner. The specifications of any prize shall be solely determined by Nikola without regard to any effect on any Winner. No cash or other prize substitution will be permitted except at Nikola’s sole discretion without regard to any effect upon any Winner. The awarding of the prize is nontransferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, are be the sole responsibility of that Winner. No substitution of prize or transfer/assignment of any prize to others or request for the cash equivalent by any Winner is permitted. Sponsor will not replace any lost or stolen prizes. Sponsor is not responsible for delays in prize delivery beyond its control. All other expenses and items not specifically mentioned in these Official Rules are not included and are the Winner’s sole responsibility.
The odds of winning depend upon the number of eligible entries received.
7. Winner Selection and Notification
Unless otherwise set forth in the Advertisement, Winner(s) will be selected by a random drawing performed by or under the supervision of Nikola. A Winner will be notified by the same means used by that Winner to enter the Sweepstakes within five (5) days following selection of such Winner. Nikola is not and will not be liable for any Winner’s failure to receive notices due to spam, junk e-mail or other filters or security settings or for Winner’s submission of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the prize within fifteen (15) days from the time award notification is sent, or fails to timely return a completed and executed declaration and release as required by Nikola, the prize may be forfeited, and an alternate Winner may selected, which determination may be made for any reason without regard to any effect upon the Winner. Receipt by Winner of the prize offered in this Sweepstakes is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER AS DETERMINED BY NIKOLA IN ITS SOLE DISCRETION WITHOUT REGARD TO ANY EFFECT UPON THE WINNER WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE SWEEPSTAKES, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED AND FORFEITED.
Your hereby grant Nikola, anyone acting on behalf of Nikola, and Nikola’s licensees, successors, and assigns, a license, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the world, without limitation: (a) any content, including any text, image, sound, and/or video included or referenced in your Sweepstakes entry and/or (b) your name, portrait, picture, voice, likeness, image, statements about the Sweepstakes, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes without any further compensation, notice, or review. By entering this Sweepstakes, you represent and warrant that your entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the proprietary or intellectual property right of another, you will be disqualified at the sole discretion of Nikola without regard to any effect upon you. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, you shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless Nikola and any of its affiliates from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Nikola or its affiliates may incur, suffer, or be required to pay arising out of such infringement or alleged infringement of any third party’s right.
9. Nikola Discretion
Nikola reserves the right, for any reason and without any regard to any effect upon you, to cancel, terminate, modify or suspend the Sweepstakes in the event a computer virus or bug, non-authorized human intervention, fraud, or other cause beyond Nikola’s control corrupts or effects the administration, security, or fairness of the Sweepstakes. In any such case, Nikola may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Nikola to remedy the issues. Further, Nikola reserves the right, for any reason and without regard to any effect upon any person or entity, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Sweepstakes or violates these Official Rules. Nikola has the right, for any reason and without regard to any effect upon any other person or entity, in an effort to maintain the integrity of the Sweepstakes, to invalidate and void entries for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by these Official Rules; or the use of bots, macros, scripts, or other automated or semi-automated means for entering. Any attempt by an entrant to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil laws. Should such attempt be made, Nikola reserves the right to seek damages to the fullest extent permitted by law.
10. Limitation of Liability
By entering the Sweepstakes, you agree to release and hold harmless Nikola and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, in association with: (a) your participation in the Sweepstakes and/or your acceptance, possession, use, or misuse of any prize or any portion thereof; (b) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (c) the unavailability or inaccessibility of any transmissions, telephone, or internet service; (d) unauthorized human or human-caused intervention in any part of the entry process or the Sweepstakes; or (e) electronic or human error in the administration of the Sweepstakes or the processing of entries.
THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF THE STATE OF ARIZONA, UNITED STATES OF AMERICA, WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES. As a condition of participating in this Sweepstakes, you agree that any and all disputes that cannot be resolved between the you and Nikola, and causes of action arising out of or connected with this Sweepstakes, must be resolved individually, without resort to any form of class action, exclusively before a court of competent jurisdiction located in Maricopa County, Arizona, United States of America. Further, in any such dispute, under no circumstances may you be permitted to obtain awards for, and you hereby waive all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than your actual out-of-pocket expenses associated with entering this Sweepstakes. You further waive all rights to have damages multiplied or increased.
12. Judgement is Final
The judge of this sweepstakes is the Sponsor, and all judgments rendered by the judge with respect to this sweepstakes are final.
14. Winners List
To obtain a copy of any Winner’s name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to the Sponsor. Requests must be received by Sponsor no later than one (1) year following the Deemed End or Express End, whichever is applicable.
The sponsor of the Sweepstakes is Nikola Corporation, 4141 E. Broadway Rd., Phoenix, AZ 85040, United States of America (“Sponsor”).