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Dear Customer:
One of our franchisees, BOTK, LLC, recently offered a promotion in which customers who made a
qualifying tire purchase were given a certificate for a gasoline voucher program. Those certificates
were provided by Tidewater Global Marketing. Unfortunately, Tidewater did not fulfill its obligations,
and the Florida Attorney General shut down its operations.
Big O Tires takes great pride in customer service and satisfaction as well as in providing quality products.
If you are a customer affected by Tidewater's failures, we apologize for this inconvenience. We are providing
an alternate program, and have retained a vendor that we are confident will meet our standards and your expectations.
We offer two options:
Option 1 – $100 Visa Prepaid Card—Under this option, you would receive a one-time, easy to process $100 Visa Prepaid Card.
Option 2 – $500 Gas Program—This option is similar to the original program. Under this option, 20 redemption tickets will
be mailed to you. For each month (up to 20 months) that you send a redemption ticket and a minimum of $100 in gas receipts
from your selected brand of gasoline, you will receive a $25 Visa Prepaid Card each month via mail.
You are not required to participate in this alternate program, and your tire warranty or tire maintenance package
will not be affected. To participate, you must complete the Selection Agreement and Release, which you may reach
through this link. Terms and conditions are included with that form.
Click here to access the form.
Big O Tires is offering this alternate program to resolve any claim that you may have with respect to the Tidewater
Global Marketing $500 Gas Program. If you participate, you will have to agree that the new program is a substitute for
whatever rights you may have had in connection with the Tidewater program. This will include releasing Big O Tires
and BOTK from any claims that you may have had as a result of the Tidewater Global Marketing program.
On that note, a customer filed a Complaint seeking class action certification titled DeWeese v. BOTK, LLC, currently
pending in the U.S. District Court, Southern District of Ohio, Case No. 3:09-cv-00057. The customer seeks to have a
class certified of all BOTK and Big O Tires customers who purchased tires and signed up for the Tidewater Global Marketing
program. The Court has not yet decided whether to certify a class, and whether a class is certified will have a material
effect on the class action going forward. If you decide to participate in this alternate program that Big O Tires is
offering in this letter, you will be giving up your ability to join the class action (should the Court decide to certify
a class), as well as giving up your rights to bring a claim against Big O Tires or BOTK for claims involving the Tidewater
Global Marketing program. The release is an integral part of the offer. To take advantage of either program, you must print
out and complete the Selection Agreement and Release, and mail it along with a copy of your invoice showing a qualifying
tire purchases no later than May 15, 2009.
Thank you for your understanding and patience. We appreciate and value your business. Please continue to consider
us to meet you automotive needs.
Respectfully,
Kevin A. Kormondy
Sr. Vice President and
Chief Operating Officer
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