Nationwide Clearance Event-The Search is On! Promotion
Offer Terms & Conditions
The “Nationwide Clearance Event – The Search is On! Promotion” ("Promotion") is directed towards individuals planning to purchase or lease a new 2012 or 2013 Toyota vehicle during the “Promotion Period” as defined and governed by these Terms & Conditions. To participate in the Promotion, you must be a legal U.S. resident residing in the forty-eight (48) contiguous United States or Alaska who is eighteen (18) years of age or older or the age of majority in your state of primary residence (“Participant”) at the time of participation. The sponsor of this Promotion is Toyota Motor Sales, U.S.A., Inc., 19001 South Western Avenue, Torrance, California, 90501(“Sponsor”). Employees, owners, shareholders, officers and directors of Sponsor, Sponsor’s local dealer groups and authorized dealers, distributors, Creative Zing Promotion Group (“Administrator”), Excellence in Motion (“Fulfillment Provider”) and each of their respective parent companies, affiliates, divisions, subsidiaries, agents, representatives, promotion and advertising agencies (collectively, the “Promotion Entities”) together with the Immediate Family Members and/or those living in the same household of such persons (collectively, “Household Members”), are not eligible to participate in the Promotion. For purposes of the Promotion "Household Members" shall mean those people who share the same residence at least three months a year; "Immediate Family Members" shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses; and employees of Sponsor’s “local dealer groups, authorized dealers and distributors” shall include individuals employed directly by the Sponsor’s local dealer group, authorized dealer or distributor such as sales, mechanical, marketing, operations, and accounting staff. Offers are non-transferable. Void in Hawaii, Puerto Rico and where prohibited by law.
1. PROMOTION OVERVIEW
3. OFFER REDEMPTION
4. GENERAL TERMS AND CONDITIONS OF PARTICIPATION
Promotion Entities are not responsible for incorrect or inaccurate information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Offer.
Participants shall indemnify, defend and hold harmless the Promotion Entities and each of their respective parents, affiliates, divisions, subsidiaries, successors, assigns and licensees, and each of their respective employees, shareholders, officers, directors, contractors, advertising and promotion agencies, agents and representatives (collectively, the “Released Parties”) from and against any and all liability, claims, loss, damage, injury or expense, including reasonable outside attorneys’ fees, arising out of or in connection with any third-party action arising out of or resulting from (i) Participant’s participation in the Promotion and/or (ii) acceptance, possession, use or misuse of the Offer, including without limitation, personal injury, death and property damage arising therefrom. Each Participant authorizes the Promotion Entities to use his/her name, voice, likeness, biographical data, city and state of residence in advertising, marketing, programming or promotional materials, worldwide in perpetuity, if applicable, without compensation unless prohibited by law. Promotion Entities are not obligated to use any of the above mentioned information or materials, but may do so and may edit such information or materials, at Promotion Entities sole discretion, without obligation or compensation. The Promotion Entities assume no responsibility for any damage to any person’s computer system which is occasioned by participating in the Offer, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, the Promotion Entities are not responsible for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right to modify, extend, suspend, or terminate the Offer if it determines, in its sole discretion, that the Offer is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, and/or feasibility of the Offer.
5. GOVERNING LAW & DISPUTE RESOLUTION
Any and all disputes, claims and causes of action arising out of, or connected with, this Promotion, including without limitation, any alleged violation of these Terms and Conditions, any controversy relating to the arbitrability of any dispute, or any claim that the Promotion, or any part thereof, is invalid, illegal or otherwise voidable (or void), shall be resolved exclusively by arbitration to be held solely in Los Angeles, California under the auspices of the American Arbitration Association and pursuant to its Commercial Dispute Resolution Rules and Procedures. 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 either party fails to appear at any properly noticed arbitration proceeding, an award may be entered against such party notwithstanding said failure to appear. In no event shall a Participant seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of this Promotion.
All issues and questions concerning the construction, validity, interpretation and enforceability of this Promotion, or the rights and obligations of Participants and Promotion Entities, shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A., without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
Direct questions & comments regarding the Promotion to: firstname.lastname@example.org.