Toyota.com : Motorsports : NASCAR Sweepstakes : Official Rules

NASCAR® Toyota Sweepstakes Official Rules

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.

1. Eligibility: NASCAR® Toyota Sweepstakes (the "Sweepstakes") is open only to legal residents of the forty-eight (48) contiguous continental United States and the District of Columbia who are at least twenty-one (21) years old at the time of entry. All employees of Toyota Motor Sales, U.S.A., Inc. ("Toyota" or "Sponsor"), NASCAR, Inc., CherryBomb Consulting, Inc., ePrize, LLC ("Administrator"), and all of their respective parent, subsidiary and affiliate companies, distributors, dealers, dealer advertising associations, advertising and promotion agencies and any other agency that provides services in connection with this Sweepstakes, as well as the immediate family (spouse, parents, siblings and children and their respective spouses, regardless of where they reside) and household members of each such employee, whether related or not, are not eligible to participate in this Sweepstakes. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Void where prohibited. Participation in the Sweepstakes constitutes entrant's full and unconditional agreement to these Official Rules and Sponsor's and Administrator's decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.

2. Sponsor: Toyota Motor Sales, U.S.A., Inc., 19001 South Western Avenue, Torrance, CA 90501. Administrator: ePrize, LLC, One ePrize Drive, Pleasant Ridge, MI 48069. NASCAR, Inc. is not a Sponsor of the Sweepstakes. NASCAR® and the NASCAR logo are registered trademarks of the National Association for Stock Car Auto Racing, Inc.

3. Timing: The Sweepstakes begins on June 22, 2008 at 12:00 a.m. Eastern Time ("ET"), ends on August 30, 2008 at 11:59 p.m. ET (the "Promotion Period") and consists of nine (9) weekly entry periods (each an "Entry Period"). Each Entry Period will correspond with a calendar week. Sponsor's computer is the official time-keeping device for the Sweepstakes.

4. How to Enter: During the Promotion Period, visit http://www.toyotaracing.com and follow the links and instructions to complete the registration. Complete and submit the registration including a valid email address and a valid home address. P.O. Boxes are not permitted. You automatically will receive one (1) entry into the Sweepstakes. Limit: Each participant may enter only one (1) time during the Promotion Period. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the registrant or player. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. The potential winner may be required to show proof of being the authorized account holder.

5. Drawings: Administrator will randomly select each Entry Period's potential winner from amongst all eligible entries received during the respective Entry Period on or around the Tuesday following the conclusion of the Entry Period. Administrator will randomly select the potential Grand Prize winner from amongst all eligible entries received during the Promotion Period, on or around September 2, 2008. Administrator is an independent judging organization whose decisions as to the administration and operation of the Sweepstakes and the selection of the potential winner are final and binding in all matters related to the Sweepstakes. Potential winners will be notified by mail, email or phone. The potential Grand Prize winner will be required to sign and return to Administrator an Affidavit of Eligibility, Liability & Publicity Release (the "Affidavit") in order to claim his/her prize. If a potential winner cannot be contacted, or fails to sign and return the Affidavit within ten (10) days of the date the Affidavit is sent to him/her (if applicable), then he/she forfeits prize. All potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. In the event that a potential winner is disqualified for any reason, Administrator will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held, if time permits, after which the applicable prize will remain un-awarded. Weekly Entry Period Prizes will be awarded eight (8) to ten (10) weeks after the conclusion of the Sweepstakes.

6. Prizes: ONE (1) GRAND PRIZE: A trip for two (2) to Charlotte, North Carolina for the Nationwide and Sprint Cup NASCAR® Races. Trip package includes roundtrip, coach-class air transportation for two (2) from a major airport near winner's home (determined by Sponsor in its sole discretion) to Charlotte, NC; two (2) nights accommodations at a hotel of Sponsor's choice (single room, double occupancy); and two (2) tickets to the October 10, 2008 and October 11, 2008 NASCAR races in Charlotte, NC. Winner must commence travel on October 9, 2008 and conclude travel on October 11, 2008, or prize will be forfeited. Travel must be roundtrip. Sponsor will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel and accommodations are subject to availability. Travel is subject to the terms and conditions set forth in this Sweepstakes, and those set forth by the Sponsor's airline carrier of choice as detailed in the passenger ticket contract. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, ground transportation, meals, incidentals, passenger tariffs or duties, surcharges, airport fees, service charges or facility charges, personal charges at lodging, hotel room mini-bar charges, security fees, taxes or other expenses are the responsibility solely of winner. Unless child of winner, travel companion must be twenty-one (21) years of age or older as of the date of departure and must travel on same itinerary and at the same time as the winner. Travel companion must execute liability/publicity releases prior to issuance of travel documents. Travel restrictions, conditions and limitations may apply. If, in the judgment of Sponsor, air travel is not required due to winner's proximity to prize location, ground transportation will be substituted for roundtrip air travel at Sponsor's sole discretion. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. All standard NASCAR® terms and conditions apply to tickets. If any race is delayed, postponed or cancelled for any reason, winner will not be reimbursed for tickets. Tickets and may be subject to standard rain check policies and procedures established by issuer. Seat locations are to be determined by Sponsor in its sole discretion. Approximate Retail Value ("ARV"): $4,500. Actual value may vary based on airfare fluctuations and distance between departure and destination. Winner will not receive difference between actual and approximate retail value.

ONE (1) PRIZE PER WEEKLY ENTRY PERIOD 1, 3 and 6: A die-cast model of Sponsor's choice of Tony Steward, Kyle Busch or Denny Hamlin. Size of model determined by Sponsor in its sole discretion. Approximate Retail Value ("ARV"): $65.

ONE (1) PRIZE PER WEEKLY ENTRY PERIOD 2 AND 7: : A prize pack consisting of a Toyota Racing hat, t-shirt and plush "Racer Guy." Size and style of t-shirt determined by Sponsor in its sole discretion. ARV: $60.

ONE (1) PRIZE PER WEEKLY ENTRY PERIOD 4 AND 8: A $50 ToyotaRacingGear.com gift certificate. Terms and conditions of gift certificate apply. ARV: $50.

ONE (1) PRIZE PER WEEKLY ENTRY PERIOD 5 AND 9: An autographed Kyle Busch Atlanta Win Ad. ARV: $25.

For All Prizes: Limit: One (1) prize per person. Each prize is non-transferable and no substitution will be made except as provided herein at the Sponsor's sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. At the end of the taxable year, the Grand Prize winner will be sent a 1099 form. Odds of winning a Weekly Entry Period Prize depend on the number of eligible entries received during the respective Entry Period. Odds of winning a Grand Prize depend on the number of eligible entries received during the Promotion Period. Total ARV of All Prizes: $4,965.

7. Release: By participating, entrant agrees to release and hold harmless the Sponsor, CherryBomb Consulting, Inc., NASCAR, Inc., ePrize, LLC, and their respective parents, subsidiaries, affiliates, distributors, dealers, dealer advertising associations, advertising and promotions agencies, prize suppliers and any other agency that provides services in connection with this Sweepstakes, and each of their respective officers, directors, employees, representatives, contractors and agents and successors and assigns (the "Released Parties") from and against any and all rights, claims and causes of action whatsoever that they may have, or which may arise, against any of them for any liability for any matter, cause or thing whatsoever, including but not limited to any injury, loss, damage, whether direct, compensatory, incidental or consequential, to person, including death and property, arising in whole or in part, directly or indirectly, from their acceptance, possession, use or misuse of the prize in the Sweepstakes, or their participation in the Sweepstakes, or their participation in any Sweepstakes or prize related activity, or any travel related to the Sweepstakes or any travel for any prize-related activity. WINNER ALSO FURTHER ACKNOWLEDGES THAT SPONSOR, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, DIRECTORS, AND PROMOTIONS AND ADVERTISING AGENCIES HAVE NEITHER MADE, NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR, ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESSED OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO ANY PRIZE OR THE SWEEPSTAKES.

8. Publicity: Except where prohibited, participation in the Sweepstakes constitutes winner's consent to Sponsor's and its agents' use of winner's name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media now or hereafter developed, worldwide, in perpetuity, without further payment or consideration.

9. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

10. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant's sole remedy is another entry in the Sweepstakes, provided that if it is not possible to award another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.

11. Disputes: Participant agrees that (a) any and all disputes, claims, and causes of action arising out of, or connected with, this Sweepstakes (including without limitation, any alleged violation of these Official Rules, any controversy relating to the arbitrability of any dispute, or any claim that these Official Rules (or any part thereof) are invalid, illegal, or otherwise voidable (or void)) shall be resolved individually, without resort to any form of class action, and 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; (b) any and all claims, judgments, liabilities, and/or awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participant's participation in this Sweepstakes or otherwise accessing this Sweepstakes, but in no event attorneys' fees; and (c) under no circumstances will you be permitted to obtain awards for, and participant hereby waives, all rights to claim, punitive, special, incidental, and/or consequential damages and any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. 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 participant seek or be entitled to rescission, injunctive, or other equitable relief or to enjoin or restrain the operation of this Sweepstakes, exploitation of any advertising or other materials issued in connection therewith, or exploitation of this Sweepstakes or any content or other material used or displayed on this Sweepstakes.

All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, 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.

12. Entrant's Personal Information: Information collected from entrants is subject to ePrize, LLC's Privacy Policy http://www.eprize.com/privacy/privacypolicy.html and Sponsor's Privacy Policy http://www.toyota.com/help/privacy.html.

13. Winner List: Winner List requests will only be accepted after the promotion end date (listed above) and no later than January 2, 2009. For the Winner List, send an email with subject line: "M - NASCAR® Toyota Sweepstakes, Winner List Request," to WinListRequests@eprizefulfillment.com.

NASCAR, Inc. is not a Sponsor of the Sweepstakes. NASCAR® and the NASCAR logo are registered trademarks of the National Association for Stock Car Auto Racing, Inc.

© 2008 ePrize, LLC. All rights reserved.

"Tony Stewart®", "#20®", and "The Home Depot®" licensed under authority of Joe Gibbs Racing, Huntersville, NC.

"Denny Hamlin®", "#11®" and "FedEx®" licensed under authority of Joe Gibbs Racing, Huntersville, NC.

"Kyle Busch®", "#18®", and "Mars tm/®" licensed under authority of Joe Gibbs Racing, Huntersville, NC. ®/©/^TM Mars, Inc. 2008.

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