TOYOTA ENTUNE TRIVIA CONTEST
NO PURCHASE NECESSARY TO ENTER OR WIN AND A PURCHASE OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. PRIZE ACCEPTANCE RELEASE MAY BE REQUIRED. VOID WHERE PROHIBITED BY LAW. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION.
BY ENTERING THE CONTEST, YOU MUST AGREE TO THESE OFFICIAL RULES, WHICH CREATE A CONTRACT. WITHOUT LIMITATION, SUCH CONTRACT INCLUDES GRANTS OF RIGHTS AND INDEMNITIES TO SPONSOR FROM YOU, MANDATORY ARBITRATION OF DISPUTES, AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
The Toyota Entune Trivia Contest (the “Contest”) is sponsored by Toyota Motor Sales, U.S.A., Inc. (“Sponsor”). The Contest provides followers of @Toyota with the opportunity to win a prize or prizes (each a “Prize” and collectively, the "Prizes") that will be specifically listed in in @Toyota tweets during the Contest Period as defined herein below. The Contest consists of multiple rolling individual Contests. The first such Contest period begins at 11:00:01 a.m. Pacific Time ("PT") on May 11, 2011 and ends when the last prize is awarded or at 11:00:01 a.m. Pacific Time ("PT") on May 13, 2011, whichever comes first (the “Contest Period”). By taking part in the Contest, each Entrant unconditionally agrees and accepts to be bound by these "Official Rules" and the decisions of Sponsor, which will be final and binding in all respects. Sponsor reserves the right to permanently disqualify from this Contest any person it believes has violated these Official Rules.
WHO MAY ENTER:
This Contest is intended for viewing and participation solely within the fifty (50) United States and the District of Columbia. The Contest is only open to legal residents of the fifty (50) United States or the District of Columbia, who are twenty-one (21) years of age or older, at the time of entry. Entrants who wish to enter the Contest must be registered users of Twitter (http://www.twitter.com/
) (the “Twitter Site
”) in good standing.
Employees of Sponsor and its parents, affiliates, subsidiaries, advertising and promotion agencies, agents, directors, officers and distributors and other Suppliers (defined below), and each of their immediate family members and/or those living in the same household (whether legally related or not) are ineligible to enter the Contest or win a Prize.
By participating in the Contest, each Entrant represents and warrants that he or she meets these eligibility requirements and has read, accepts and will comply with these Official Rules and each Entrant acknowledges that any violation thereof may disqualify Entrant from the Contest.
HOW TO ENTER; METHOD OF SELECTING WINNERS:
THERE IS NO PURCHASE NECESSARY TO ENTER OR WIN AND A PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING.
To enter the Contest online, you must first register as a member on the
Twitter Site (which is free). Once you are a registered member of the Twitter Site, you must sign up to follow @Toyota. During the Contest Period, an Entune question will be posted on the @Toyota Twitter handle - tweeted by @Toyota. To enter the Contest, tweet your answer to the Entune question via @Toyota.com. The first person to answer the Entune question correctly will win the stated prize. The database clock of the Twitter Website will be the official time keeper for the Contest. Limit one (1) submission per person per question.
Sponsor may run multiple campaigns, contests, Contest or other promotions simultaneously. Entry into one (1) campaign, contest or Contest does not constitute entry into any other. All Entries that are in excess of the stated limits, late, illegible, incomplete, damaged, destroyed, forged or otherwise not in compliance with the Official Rules may be disqualified from the Contest at Sponsor’s sole and absolute discretion. Use of any automated or other system (e.g., creating fake or multiple Twitter profiles) to submit Entries is prohibited and will result in disqualification. Sponsor reserves the right to void all Entries made through any robotic, automatic, mechanically programmed or similar entry duplication method and to disqualify any individual using such a method.
In the event of a dispute as to the identity of any Entrant who submits an on-line Entry, the Entry will be deemed submitted by the holder of the e-mail account or IP address, at Sponsor’s election, of the Twitter account holder who submitted the winning tweet. The “account holder” is the person assigned an e-mail address or service by the organization responsible for assigning addresses for the domain associated with the submitted address. Winner may be required to show proof of being the authorized account holder. If a dispute cannot be resolved to the Sponsor's satisfaction, the Entry will be deemed ineligible.
Sponsor and affiliated entities are not responsible for lost, misdirected, misplaced, stolen, tampered with, deleted, or invalid Entries.
The winning entry will be subject to confirmation of eligibility and full and timely completion and return of Prize claiming requirements described below. Sponsor will have complete discretion over interpretation of the Official Rules, of administration of the Contest, and of selection of the Winner. Decisions of the Sponsor as to the administration of the Contest, interpretation of the Official Rules, and the selection of the Winner will be final. If, for any reason, more bona fide winners come forward seeking to claim a Prize, the Winner may be selected in a random drawing from among all persons making purportedly valid claims for the Prize. Inclusion in such drawing shall be each Entrant’s sole and exclusive remedy under such circumstances.
Odds of winning a Prize will depend upon the time correct answer to question is received and the number of individuals participating with respect to each Toyota Entune Question.
The Prizes to be awarded in this Contest will consist of one of the following for each Toyota Entune Question prize winner:
Day one: 10 winners will receive a Pandora t-shirt; Approximate Retail Value of each t-shirt (“ARV”) $ 25.00.
Day Two: 10 winners will receive a pair of Movie Tickets to be redeemed at participating theatres; ARV of each pair of movie tickets is $ 25.00
Day Three: 10 winners will receive 10 pairs of concert tickets at the PC Richard Studio in NYC from iheartradio (grand finale). These will be fulfilled via mail and must be redeemed by customer within 6 months; ARV of each pair of concert tickets is $ 250.00.
Approximate ARV of all prizes is $ 3,000.00.
To claim a Prize, you may be required to provide your correct full-name, mailing address, telephone number and/or e-mail address. Sponsor will not replace any lost or stolen Prizes. Prizes are non-transferable, with no cash redemptions, equivalents or substitutions except at Sponsor’s sole and absolute discretion. Prize details and availability are subject to change, and in the event that Sponsor is unable to provide the Winner with the Prize, the Sponsor may elect, at the Sponsor’s sole and absolute discretion, to provide Winner with the approximate value of such item in cash or award an alternate prize of comparable or greater value. All Prizes are awarded "AS IS" and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Prizing may be fulfilled by a third party.
Each Winner will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the Prize they receive. The stated ARV of the Prize is based on available information provided to Sponsor and the value of any Prize awarded to a Winner may be reported for tax purposes as required by law. A Winner may be required to provide Sponsor with a valid social security number before a Prize will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of each Winner Unclaimed Prizes will be forfeited.
WINNER NOTIFICATION AND PRIZE CLAIMING:
Each potential Winner will be notified that they are a potential winner of a Contest through Twitter by direct message to the Twitter account that submitted the winning answer. Notification is deemed to have occurred immediately upon sending of a message through the Twitter Site to the potential Winner. Each potential Winner of a Contest may (in Sponsor’s sole discretion) be required to execute an affidavit of eligibility/release of liability/prize acceptance agreement (the "Prize Acceptance Release") and return the Prize Acceptance Release before being eligible to receive his or her Prize. If any potential Prize Winner fails or refuses to sign and return such Prize Acceptance Release within fourteen (14) days of the first (1st) notification attempt or if the Prize or Prize notification is returned as rejected, faulty, unclaimed or returned as undeliverable to such potential Prize Winner, such potential Prize Winner (in Sponsor’s sole discretion) may be disqualified and an alternate may (in Sponsor’s sole discretion) be selected. If any potential Prize Winner is found to be ineligible, or if he or she has not complied with these Official Rules, he or she may be disqualified in Sponsor’s sole discretion, the second person to have answered the Entune question correctly will win the stated prize. The Prize Acceptance Release is subject to verification by Sponsor.
Sponsor is not responsible for and shall not be liable for late, lost, damaged, intercepted misdirected, or unsuccessful efforts to notify the potential Winners. When a potential Winner is contacted, he/she will have fourteen (14) days
within which to respond to the notification, or he/she will be disqualified and his/her Prize forfeited, and an alternate potential Winner may be selected.
Subject to applicable law, each Winner of a Contest irrevocably grants to Sponsor and each of its licensees, and its and their successors, assigns and sublicensees the right and permission to use their name (except that the name of Tennessee residents who do not so consent will not be used for purely publicity purposes), voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Contest, in all forms of media and by all manners (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice or consideration except for the awarding of the Prize to the Winner. Entrants agree not to issue any publicity concerning Sponsor.
TAMPERING WITH CONTEST:
Sponsor is responsible for the actions of Entrants in connection with the Contest, including Entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Contest. Persons found tampering with or abusing any aspect of this Contest, or whom Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified. Additionally, any attempt to cheat the Contest, as determined at the sole discretion of Sponsor, may result in immediate disqualification of the Entrant, as well as other possible consequences, including disqualification from any and all existing and future Contest. ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE ANY WEBSITE (INCLUDING THE CONTEST WEBSITE) OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, at its sole and absolute discretion, to disqualify any individual who is found to be, or suspected of, acting in violation of these Official Rules, or to be acting in an unsportsmanlike, obscene, immoral or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person.
WAIVERS, DISCLAIMERS AND RELEASES:
By participating, Entrants agree to be bound by the Official Rules and the decisions of the Sponsor (including, without limitation, regarding qualification of Entrants and Prize Winners and interpretation of these Official Rules). By participating in the Contest, Entrants agree to release, discharge and hold harmless Sponsor, and each of their parents, subsidiaries, affiliates, agents, distributors, licensors, licensees, representatives, attorneys, Prize providers and advertising and promotion agencies, and each of their respective directors, officers, employees, agents, successors and assigns (“Released Parties
”): from and against and any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to Entrants’ participation in the Contest and/or related to any Prize (including, without limitation, losses, damages or injuries to Entrant's or any other person’s equipment or other property, or to their persons, related to participation in the Contest; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Contest activity and/or Prize). Without limiting the generality of the foregoing Entrant's agree that Released Parties: (A) have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Contest and/or with respect to Prizes, including, without limitation, to any Prize’s quality or fitness for a particular purpose; (B) maintain no control over the entity furnishing services or products (“Suppliers
”) as a part of the Prizes provided in connection with the Contest; and (C) will not be responsible or liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to: (1) by the wrongful, negligent or unauthorized act or omission on the part of the Suppliers or any of their agents, servants, employees or independent contractors, (2) by any defect in or failure of any vehicle, equipment, instrumentality, service or product that is owned, operated, furnished or otherwise used by any of those Suppliers, (3) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Released Parties, and (4) by any cause, condition or event whatsoever beyond the control of the Released Parties. Entrant's agree and that the Released Parties shall have no responsibility or liability for discontinued Prizes; human error; incorrect or inaccurate transcription of registration and/or account information; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or Internet service provider utilized by Sponsor; interruption or inability to access Twitter or Sponsor or affiliated entities’ respective websites, or any online service via the Internet due to hardware or software compatibility problems; any damage to participant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Contest; any lost/delayed data transmissions, omissions, interruptions, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Released Parties. Each Entrant further agrees to indemnify and hold harmless Released Parties from and against any and all liability resulting or arising from the Contest and to release all rights to bring any claim, action or proceeding against Released Parties and hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a Prize, including express warranties provided exclusively by a Supplier that may be sent along with a Prize. Sponsor is not responsible for the actions of Entrants in connection with the Contest, including Entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Contest. By participating in this Contest, Entrants hereby agree to irrevocably release and hold the Released Parties harmless from and against all losses, damages, liabilities, claims, actions, proceedings, or judgments arising out of or relating to Entrants’ Entry or participation in this Contest or in connection with (including any use or misuse) of any Prizes awarded hereunder. Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
SUSPENSION / MODIFICATION / TERMINATION:
Sponsor reserves the right, in its sole discretion, to modify, change, add to, delete, suspend or terminate these Official Rules, the Contest and/or the Prizes for any reason whatsoever without giving notice to Entrants. Sponsor additionally reserves the right, in its sole discretion: (1) to modify, suspend or terminate the Contest should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Contest; or (2) to disqualify any Entrant found to be, or suspected of: (a) tampering with the entry process or the operation of the Contest; (b) acting in violation of these Official Rules; or (c) acting in an un-sportsmanlike manner.
In the event Sponsor is prevented from continuing with the Contest by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Contest by any party, or any federal state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure
” event or occurrence) Sponsor shall have the right to modify, suspend or terminate the Contest.
GOVERNING LAW / LIMITATION OF LIABILITY:
BY ENTERING THE CONTEST, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS $250.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
DISPUTES / ARBITRATION:
EACH PERSON WHO PARTICIPATES IN THE CONTEST IRREVOCABLY AGREES THAT SUCH DISPUTE(S) WILL BE RESOLVED SOLELY BY BINDING ARBITRATION BEFORE A SOLE ARBITRATOR, WITH EXPERIENCE IN ADVERTISING OR PROMOTION AND ENTERTAINMENT LAW, UNDER THE RULES AND REGULATIONS OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA
”); PROVIDED, HOWEVER, THAT NOTWITHSTANDING THE PARTIES’ DECISION TO RESOLVE ANY AND ALL DISPUTES ARISING UNDER THIS CONTEST THROUGH ARBITRATION, SPONSOR MAY (1) SEEK TO OBTAIN INJUNCTIVE RELIEF OR OTHER EQUITABLE RELIEF FROM A COURT TO ENFORCE THE PROVISIONS OF THESE OFFICIAL RULES; (2) BRING AN ACTION IN COURT TO PROTECT AND INTERPRET SPONSOR’S INTELLECTUAL PROPERTY RIGHTS; AND/OR (3) BRING AN ACTION TO ENFORCE THE DECISION OF THE ARBITRATOR BEFORE ANY COURT WITH APPLICABLE JURISDICTION. The arbitration will be held in New York, New York or Los Angeles, California (which ever location is closer to Entrant’s home). The arbitrator will apply the substantive laws of the state of California, will issue a written decision and will have the power to award any legal remedies except as limited by these Official Rules. The parties will split the arbitrator’s fee; provided, however, if applicable law requires Sponsor to pay the arbitrator’s fee in order for the arbitration provision to be enforceable, Sponsor shall have the discretion to elect to pay such fees and proceed to arbitration. Entrant irrevocably waives any right to bring or join in any class action regarding the Contest. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. This arbitration provision shall be deemed to be self-executing, and in the event that any party fails to appear to any properly noticed arbitration proceeding, an award may be entered against such party notwithstanding said failure to appear. In no event shall any Entrant seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the operation of this Contest (or any website connected therewith), exploitation of any advertising or other materials issued in connection therewith, or exploitation of this Contest (or any content or other materials used or displayed on the Contest Website) or the Entrant’s Entry.
The invalidity or unenforceability of any provision of these Official Rules or the Prize Acceptance Release will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Prize Acceptance Release is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.
IDENTIFICATION OF SPONSOR AND PRODUCER:
This Contest is sponsored by Toyota Motor Sales, U.S.A., Inc., 19001 South Western Avenue, Torrance, California 90509-2742. Reference to third parties in connection with Prizes and/or third party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Contest.
LIST OF CONTEST WINNERS/OFFICIAL RULES REQUESTS:
To receive a list of Contest Winners, send a stamped self addressed envelope to: Toyota Motor Sales, U.S.A., Inc., 19001 South Western Avenue, Torrance, California 90509-2742; Attn: Denise Morrissey.
A Winners' list may also be posted on Toyota’s Twitter page (@Toyota) and at http://toyotanewsroom.com/terms-agreements/contests
for sixty (60) days after each Winner is selected.