GENERAL ABBREVIATED LEGAL DISCLAIMER:
NO PURCHASE NECESSARY TO ENTER OR WIN. Sweepstakes begins on 9/24/12 at 12:01 pm PT and ends on 11/1/12 at 11:59am PT. Open to legal residents of the 48 contiguous United States & Washington D.C., who are physically located and residing therein and are at least 18 years of age and not a minor. See Official Rules at www.toyota.com/tundraendeavourfor prize description/restrictions and complete details. Void in Hawaii and Alaska and where prohibited. Sponsor: Toyota Motor Sales, U.S.A., Inc.
Tundra Endeavour Sweepstakes
Official Sweepstakes Rules
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. MAKING A PURCHASE DOES NOT INCREASE CHANCES OF WINNING. The following promotion is intended for participants in the forty-eight (48) contiguous United States and the District of Columbia only and shall be governed by U.S. laws. Do not proceed if you are not a legal U.S. resident currently located and residing in the forty-eight (48) contiguous United States or the District of Columbia. Further eligibility restrictions are contained in the official rules below. Entrants are providing information toToyota Motor Sales, U.S.A., Inc.
2. ELIGIBILITY:This Sweepstakes is open only to legal residents of the forty-eight (48) contiguous United States and the District of Columbia who are physically located and residing therein and who are at least eighteen(18) years of ageand the age of majority in their state of primary residence(which is eighteen (18) in most states but is nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi)at the time of entry (each an “Entrant” or, collectively, “Entrants”).
Sponsor, employees, owners, shareholders, officers and directors of Sponsor, Sponsor’s local dealer groups and authorized dealers, distributors, Administrator, (collectively, the “Sweepstakes Entities”) and each of their respective parent companies, affiliates, divisions, subsidiaries, agents, representatives, promotion and advertising agencies 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 Sweepstakes. For purposes of the Sweepstakes "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 “local dealer groups, authorized dealers and distributors” shall include individuals employed directly by the local dealer group, authorized dealer or distributor such as sales, mechanical, marketing, operations, and accounting staff. In the event of a dispute over the identity of an Entrant or potential winner in the Sweepstakes, the Entrant or potential winner will be deemed the Authorized Account Holder of the email address associated with the entry. “Authorized Account Holder” is defined as the natural person in whose name the e-mail account was opened. In the event a dispute regarding the identity of an Entrant or potential winner cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. Entries will not be acknowledged except as provided herein. Sweepstakes prize is non-transferable and cannot be substituted, sold or bartered. Void in Alaska, Hawaiiand where prohibited by law.
3. HOW TO ENTER: During the Sweepstakes Period, the Entrant must follow the steps below to receive one (1) entry into the Sweepstakes:
Limit one (1) entry per person for the duration of the Sweepstakes Period.Entrant may opt-out of receiving Tundra Endeavour newsletters at any time by clicking the “unsubscribe” link in such newsletter. Entries must be received by Thursday, November 1, 2012 at 11:59 am PT. Entries in excess of the limitation may result in disqualification of the Entrant. Entries generated by a macro, script or other automated means will be disqualified. Each Entrant must be the rightful owner (or have authorized use) of the email address and/orphone number used for entry. Incomplete, unreadable, or unintelligible entries will be disqualified. Entrants must provide all information requested on entry form to be eligible to win. All information provided by Entrants becomes the property of Sponsor. ELIGIBLE ENTRANTS MUST SUBMIT THE REQUESTED ENTRY INFORMATION IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED. Participation in the Sweepstakes constitutes Entrant's understanding of and full and unconditional agreement to and acceptance of these Official Rules. Sponsor reserves the right to disqualify any Entrant that Sponsor determines to be in violation of any term contained in these Official Rules.
4. ODDS OF WINNING: Odds of winning depend on the number of eligible entries received during the Sweepstakes Period.
5. WINNER SELECTION& NOTIFICATION:Winners will be selected at random from all eligible entries received during the Sweepstakes Period on or about Monday, November 5, 2012. Potential winners will be notified on or about Wednesday, November 7, 2012 at the email address or phone number associated with the entry. Potential winners will be required to respond (as directed) to the notification within seventy-two (72) hours (or a shorter time if required by exigencies) of notification. The failure to respond timely to the notification may result in forfeiture of the prize. If a prize goes unclaimed or a potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the prize for any reason prior to award, such potential prize winner will be disqualified and an alternate prize winner may be selected, at the sole discretion of the Sweepstakes Entities. Potential winners will be required to verify address and to execute and return an affidavit of eligibility, a liability release, and (where imposing such condition is legal) a publicity release, (collectively, the “Prize Claim Documents”) covering eligibility, liability, advertising, publicity and media appearance issues. Prize will not be awarded until all such properly executed Prize Claim Documents are returned. Sponsor, in its sole discretion, will attempt to contact up to three (3) potential winners of a prize in accordance with the above procedure, after which the prize in question may go unawarded if it remains unclaimed. Administrator reserves the right to disqualify anyone not fully complying with the Official Rules.Winnersaresolely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the redemption of a prize. Grand Prize Winners must provide Sponsor with a valid social security number for tax reporting purposes before their prizes will be awarded. An IRS Form 1099 may be issued in the name of the Grand Prize Winners for the actual value of the prize received.
6. PRIZES (6 Total Available): Grand Prize (4 available): Sponsorship of a thermal tile from the lower level of Endeavour; ARV: $1000. First Prize (2 available): One (1) custom made radio controlled replica Tundra towing the Endeavour; ARV: $450. Total Cumulative Sweepstakes ARV: $4,900.
All prize details are at the sole discretion of the Sponsor. Winner cannot assign or transfer a prize to another person. Cash alternative is not permitted, except at the sole discretion of Sponsor. If a prize cannot be awarded due to circumstances beyond the control of Sponsor, a substitute prize of equal or greater retail value may be awarded. The value of the prize represents Sponsor’s good faith determination of the maximum retail value thereof. No refunds or credit for changes are allowed. The ARV of any prize is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed. Other restrictions may apply. Limit one (1) prize per household. If prize is awarded but goes unclaimed or is forfeited by recipient, the prize may not be re-awarded, in Sponsor’s sole discretion. Other restrictions may apply.
7. CONDITIONS OF PARTICIPATION/RELEASES: Sponsor, in its sole discretion, may designate the Administrator to handle winner selection, notification and fulfillment tasks on Sponsor’s behalf. All federal, state and local laws and regulations apply. By participating, each Entrantagrees to be bound by these Official Sweepstakes Rules and the decisions of the Sweepstakes Entities, which shall be final in all respects. By participating in this Sweepstakes and/or by accepting any prize, each Entrantagrees to release the Sweepstakes Entities, California Science Center and each of their respective successors, employees, agents, representatives and assigns (collectively, the "Released Parties") from any and all actions, claims, injuries, death, losses or damages arising in any manner, directly or indirectly, from participation in this Sweepstakes and/or acceptance or use of a prize. Each Entrant authorizes the Sweepstakes Entities to use his/her photo, video, name, voice, likeness, biographical data, city and state of residence and entry materials in advertising, marketing, programming or promotional materials, worldwide in perpetuity, and on a winner's list, if applicable, without further compensation unless prohibited by law. Grand Prize Winners may be asked to participate in select publicity activities, as determined at the sole discretion of the Sweepstakes Entities. Sweepstakes Entities are not obligated to use any of the above mentioned information or publicity materials, but may do so and may edit such information or materials, at Sweepstakes Entities sole discretion, without further obligation or compensation. The Released Parties shall not be liable for: (i) any injuries, losses, liabilities or damages of any kind including personal injury or death caused by the prize or resulting from acceptance, possession or use of a prize; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) late, lost, delayed, stolen, misdirected, postage-due, incomplete, unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (v) any inability of winner to accept or use any prize (or portion thereof) for any reason and such prize or portion thereof shall be forfeited; or (vi) any printing, typographical, human administrative or technological errors in any materials or activities associated with the Sweepstakes. Sweepstakes Entities disclaim any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Sweepstakes. Sweepstakes Entities reserve the right, in their sole discretion, to cancel, modify or suspend the Sweepstakes (or any portion of the Sweepstakes) at any time for any reason or should a virus, bug, computer problem, unauthorized intervention, extenuating circumstance or other problem/cause corrupt or inhibit the administration, security or proper play of the Sweepstakes and, in such situation, will select the winner from eligible non-suspect entries received prior to and/or after such action or in such manner as deemed fair and appropriate by the Sweepstakes Entities. Sweepstakes Entities may prohibit Entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines Entrantis attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or any other unfair practices or intending to annoy, abuse, threaten or harass any other Entrants or Sweepstakes Entities representatives. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE SWEEPSTAKES. SHOULD SUCH AN ATTEMPT BE MADE, SWEEPSTAKES ENTITIES RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. BY ENTERING THE SWEEPSTAKES, 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 SWEEPSTAKES, OR ANY AWARD 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; AND 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 RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
8. GOVERNING LAW: 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 the Sweepstakes, 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 an Entrant seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of this Sweepstakes.
All issues and questions concerning the construction, validity, interpretation and enforceability of this Sweepstakes, or the rights and obligations of Entrants and Sweepstakes 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.
10. WINNER’S LIST/OFFICIAL RULES: To obtain the list of the winner(s) or a copy of these Official Rules, send a request along with a stamped, self-addressed envelope to “Tundra Endeavor" Winner’s List/Rules, 189 S. Orange Ave, Suite 1130a, Orlando FL 32801. Requests for the name of the winner must be received no later December 1, 2012. Vermont residents may omit return postage.