Mazda Motor Of America – Mazda Heroes Contest – Win a new Mazda MX-5 Miata 100th Anniversary Special Edition

MAZDA HEROES CONTEST
OFFICIAL RULES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE
YOUR CHANCE OF WINNING. THE MAZDA HEROES CONTEST (“CONTEST”) IS OPEN TO
INDIVIDUALS WHO ARE 18 YEARS OF AGE OR OLDER RESIDING IN THE 50 UNITED STATES AND
THE DISTRICT OF COLUMBIA (“D.C.”) AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF
YOU ARE NOT LOCATED IN ONE OF THE 50 UNITED STATES OR D.C. AT TIME OF ENTRY.
Contest starts on 12:00:00 A.M. Eastern Time (“ET”) on October 5, 2020 and ends at 11:59:59
P.M. ET on October 25, 2020 (“Contest Entry Period”). PromoBon AcBvators Management, LLC’s
(“Administrator”) computer is the o cial Bme-keeping device for this Contest. The Contest
provides eligible individuals (the “Nominators”) with the opportunity to nominate themselves or
someone they know, who otherwise meets the eligibility criteria as detailed herein, who has
sel essly upliRed the community (a “NominaBon” and each nominated individual, a “Nominee”)
to win a prize as described herein. Nominators must have Nominee’s permission to Nominate
Nominee on Nominee’s behalf and provide the Nominee’s informaBon as required below.
Nominators must be able to provide proof of such Nominee’s permission upon Sponsor’s
request. NominaBons will be reviewed by representaBves of Sponsor to select the winners, as
more fully set forth below.
This Contest is provided by Mazda Motor of America, Inc. (“Sponsor”) and is in no way
sponsored, endorsed, promoted or administered by, or associated with YouTube. Any
quesWons, comments or complaints regarding this Contest should be directed to Sponsor and
not to YouTube.
1. ELIGIBILITY: Nominators and Nominees must be legal residents of the 50 United States and
D.C. only who are 18 years of age or older at Bme of entry and submiYng an entry you represent
you are at least 18 years of age. Employees of Sponsor, Team Garage LLC, Hill and Knowlton
Strategies, LLC, ABC Television, Vice Media Group, LLC, Administrator, and their respecBve parent
companies, a liates, subsidiaries, distributors, sales representaBves, adverBsing, sales
promoBon and judging agencies, and members of the immediate families (parent, child, sibling
and spouse of each) or households (whether related or not) of any of the above are NOT eligible
to be a Nominator or Nominee. Contest is void outside of the 50 United States/D.C. and where
prohibited by law.
2. HOW TO ENTER:
Step 1: Create a video of up to one (1) minute in length that explains how your Nominee has
sel essly upliRed the community (“Video”).
Step 2: During the Contest Entry Period, log into your YouTube account and upload your Video to
your YouTube channel.
Step 3: To complete the entry process, during the Contest Entry Period, go to
www.mazdausa.com/mazda-heroes (“Website”) and follow the on-screen instrucBons to register
for the Contest and provide the YouTube link to your Video (herein “Entry”). Please note, you
will be required to provide the contact informaBon for your Nominee (and should have received
their permission ahead of Bme to provide). If you nominate yourself, you will be required to
provide the contact informaBon of someone else who may be contacted on your behalf should
your Entry be selected as a potenBal winner. All registraBon informaBon must be completed in
full. Nominators will be required to register when submiYng entries, including checking a box
agreeing to the terms of the Contest and providing their contact informaBon as well as the
contact informaBon of their Nominee (name, address, email, and phone).
Sponsor will use your informaBon in accordance with Sponsor’s Privacy Policy (heps://
www.mazdausa.com/site/privacy). Any statements or claims made about (or by) the Nominee in
the Video must be truthful. Nominee must be an individual; no group nominaBons. Any
dialogue in the Video must be in English. Please do not include music in your Video. Videos that
include music will be disquali ed. If any other persons appear in or were involved in the
creaWon of the footage comprising a Video (including without limitaWon person(s) who appear
in the Video other than the Nominator and the Nominee, Nominators agree that prior to
submi^ng an Entry, that they have obtained the wri_en consent of each such person, granWng
Sponsor and its designees the use of each person’s name, biographical informaWon, image
and/or likeness for adverWsing, publicity and promoWonal purposes relaWng to this Contest
and as otherwise provided for herein. To receive a prize, selected Nominees must agree to
comply with these O cial Rules. Only the Nominee may be eligible to receive a prize.
Nominator will not receive a prize unless they nominate themselves and their Entry is selected
as a winner.
If you do not have a YouTube account, you may create one for free by going to
www.youtube.com and following the onscreen direcBons. Once your Video is posted to your
YouTube channel, copy the link. Note: Video must be set to Public or Unlisted on YouTube. Video
must comply with these O cial Rules and YouTube’s Terms of Service (heps://
www.youtube.com/staBc?gl=US&template=terms) and Community Guidelines (heps://
www.youtube.com/howyoutubeworks/policies/community-guidelines/). Video must also comply
with the Entry Guidelines detailed in Rule 3, below. Enter using a YouTube account registered in
your name.
Limit one (1) NominaWon/Entry per Nominator during the Contest Entry Period. All Entries
received from any person that exceed the stated limitaBon will be disquali ed. Entries made by
any means which subvert the entry process will be void. Incomplete or illegible Entries will not
be acknowledged. All Entries received will not be returned or acknowledged except as provided
herein. In the event of a dispute as to who submieed an Entry, the name of the “authorized
account holder” associated with the email account will be deemed to be the Nominator and
must comply with these O cial Rules. The authorized account holder of the email address is
de ned as the natural person who is assigned to the email address by an Internet access
provider, online service provider, or other organizaBon that is responsible for assigning email
addresses or the domain associated with the submieed email address. Sponsor will not verify
receipt of Entries. Proof of submission of an Entry does not consBtute proof of receipt by
Sponsor. Sponsor, Administrator, Team Garage LLC, Hill and Knowlton Strategies, LLC, ABC
Television, Vice Media Group, LLC, YouTube LLC, their respecBve parent companies, a liates,
subsidiaries, distributors and each of their respecBve shareholders, directors, o cers,
employees and agencies (“Released ParBes”) are not responsible for Entries that are late, lost,
illegible, damaged, misdirected, garbled or incomplete, altered or otherwise irregular, that
contain false informaBon, that are generated by script, macro or other automated or mechanical
means, that have been submieed through illicit means or by any means which subvert the entry
process or that do not conform with or saBsfy any or all of the condiBons set out in the O cial
Rules. MulWple Nominators are not permi_ed to share the same email address or YouTube
account for purposes of entry into the Contest. Use of any automated program or method to
enter will result in disquali caBon of all associated Entries and of the person/email address
account responsible for such Entries. If entering via a mobile phone or other web-enabled device
and using your wireless carrier’s network, standard data charges from your wireless carrier may
apply.
3. ENTRY GUIDELINES: By submiYng an Entry, you warrant and represent that: (a) it is, in its
enBrety, your original work; (b) it has not been previously published; (c) it has not won previous
awards; (d) statements and claims made regarding the Nominee are truthful; (e) it does not
violate or infringe upon the copyrights, trademarks, rights of privacy/publicity or other
intellectual property rights or any other rights of any person or enBty; (f) the Entry is suitable for
presentaBon in a public forum; and (g) publicaBon of the Entry via various media, including but
not limited to the Sponsor’s websites and social media channels, will not violate or infringe on
the rights of any third party. Nominator agrees to indemnify and hold harmless the Released
ParBes from and against any claims to the contrary.
All Entries must be in compliance with YouTube’s Terms available at heps://www.youtube.com/
t/terms and may not contain, as determined by the Sponsor, in its sole discreBon, any of the
following:
a) Sexually explicit or suggesBve content; violent content or dangerous stunts; content
which promotes discriminaBon based on ethnicity, race, naBonality, disability, gender,
religion, profession, age, sexual orientaBon, or any other basis protected by federal,
state, or local law, ordinance, or regulaBon; or any profane or pornographic content;
b) References to sports beYng, loeeries, gambling, alcohol, illegal or performance
enhancing drugs, tobacco, e-cigareees, cannabinoid or syntheBc THC products and any
related paraphernalia, rearms/weapons/ammuniBon (or the use of any of the
foregoing); content that promotes any acBviBes that are unsafe or dangerous;
c) Obscene or o ensive material including cursing and o ensive language; promoBon or
endorsement of bigotry, any form of hate speech or hate group;
d) Content that is a duplicate of any other Entry’s content;
e) Content that defames, misrepresents or contains disparaging remarks about Sponsor,
other companies or other people or is libelous, defamatory, disparaging, torBous or
slanderous;
f) Personal idenB caBon of anyone other than the Nominee or Nominator, such as full
names ( rst and last), license plates or e-mail addresses;
g) Material embodying the names or other indicia that idenBfy any person, living or
dead, other than the Nominee;
h) Messages inconsistent with the posiBve images and/or goodwill to which the Sponsor
wishes to associate; or
i) Content that infringes the rights of any third party or promotes illegal acBviBes; and/or
violates any law.
*LIMITED LICENSE: THE SPONSOR’S TRADEMARKS MAY BE REFERENCED IN THE ENTRY FOR
PURPOSES OF THIS CONTEST ONLY. NO OTHER RIGHTS IN OR TO SPONSOR’S TRADEMARKS
ARE GRANTED UNDER THESE OFFICIAL RULES AND NOMINATOR MAY NOT USE THE ENTRY FOR
ANY PURPOSE OTHER THAN ENTERING THIS CONTEST.
Entries that do not comply with the above guidelines, or that otherwise contain prohibited or
inappropriate content, as determined by the Sponsor, in its sole discreBon, will be disquali ed.
Entry must not contain material that is harmful to others, such as viruses, trojan horses or other
technologies that could adversely impact the Contest or any person’s computer or other device.
By submiYng an Entry, you agree that your Entry is gratuitous and made without restricBon and
will not place Sponsor under any obligaBons other than those contained in these O cial Rules,
that Sponsor is free to use or otherwise disclose the ideas contained in the Entry on a non-
con denBal basis to anyone or otherwise use the ideas without any addiBonal compensaBon to
you. You acknowledge that, by acceptance of your Entry, Sponsor does not waive any rights to
use similar or related ideas previously known to Sponsor, or developed by its employees, or
obtained from sources other than you. By entering the Contest, you acknowledge that you will
not now or in the future be paid or compensated in any way for your Entry or for granBng the
Sponsor any of the rights set out in these O cial Rules. You further acknowledge that Sponsor is
not obligated to make use of any of the rights granted in these O cial Rules. BY SUBMITTING
AN ENTRY, YOU ACKNOWLEDGE THAT YOUR ENTRY MAY BE POSTED ON SPONSOR’S WEBSITES
OR ELSEWHERE ON THE INTERNET AS AUTHORIZED BY SPONSOR, IN ITS DISCRETION. You
further acknowledge that Sponsor is not obligated to post or use your Entry. By submiYng an
Entry, you hereby grant the Sponsor and its a liates, subsidiaries, assigns, licensees, and
designees the irrevocable, perpetual, worldwide, royalty-free right and license to use,
reproduce, edit, market, store, distribute, have distributed, publicly and privately display,
communicate, publicly and privately perform, transmit, and have transmieed the Entry or
porBons of the Entry for the purpose of administering the Contest and judging the Entries.
Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver
of Sponsor’s rights and Sponsor may at a later Bme request the assignment.
ENTRIES POSTED TO SPONSOR’S WEBSITES, IF ANY, ARE NOT EDITED BY SPONSOR AND ARE
THE VIEWS/OPINIONS OF THE INDIVIDUAL NOMINATOR AND DO NOT REFLECT THE VIEWS OF
SPONSOR IN ANY MANNER. Any waiver of any obligaBon hereunder by Sponsor does not
consBtute a general waiver of any obligaBon to Nominators.
4. CONTEST JUDGING: To be eligible for the Contest, an eligible Entry must be received during
the Contest Entry Period. Entries will be judged and scored by a panel of quali ed judges
appointed by Sponsor based on the following equally weighted criteria: Demonstrated
contribuBon Nominee has made to their community; Demonstrated sel ess act(s) performed by
Nominee; and CreaBve approach of Nominee. The Ry (50) Entries that receive the highest
combined score according to the criteria listed above, in the sole determinaBon of the judges,
will be declared winners (subject to veri caBon of both Nominator and Nominee) and once
veri caBon is complete, prize will be awarded to the Nominee. Nominator will not receive a
prize unless Nominator nominates himself/herself and is selected as a winner. In the event of a
Be, the Bed Entries will be re-judged by an addiBonal judge who will serve as a Bebreaker and
who will evaluate Bed Entries according to the criteria listed above. If following the re-judging
the entries are sBll Bed, the Entry that received the highest score for “Demonstrated
contribuBon Nominee has made to their local community”, as determined by the quali ed
judges in their sole discreBon will be deemed a winner (subject to veri caBon) from among the
Bed Entries. The decisions of the judges will be nal and binding on all maeers relaBng to the
Contest. The chances of winning depend on the relaBve skill of the Nominators and the number
of eligible Entries received during the Contest Entry Period. PotenBal winners (both Nominators
and their respecBve Nominees) are not actual winners unBl their eligibility has been veri ed,
and it is determined to Sponsor’s saBsfacBon that they have complied with all terms and
condiBons of these O cial Rules.
5. PRIZES (50): There are Ry (50) Prizes available. Prizes will only be awarded to winning and
con rmed Nominees: Each winning Nominee (“Winner”) will receive a new Mazda MX-5 Miata
100th Anniversary Special EdiBon (“Prize Vehicle”), plus $12,997 cash (awarded in the form of a
check) intended to be used towards taxes, and a dealership credit of up to $3,575 towards sales
tax, license, and registraBon fees (together, “Prize”). Approximate vehicle retail value (“ARV”):
$35,750. Total of Each Prize Value: up to $52,322. Winners may be given the opBon of trading
in the $35,750 ARV of the Prize Vehicle and using it towards the purchase of a 2021 Mazda CX-5
of equal or lesser value or donaBng $35,750 to a charitable organizaBon of their choosing
(subject to Sponsor approval). If a winner elects to trade in the $35,750 ARV of the Prize Vehicle
and use it towards the purchase of a 2021 Mazda CX-5 of equal or lesser value or donate to a
charitable organizaBon, such winner will sBll receive $12,997 cash (awarded in the form of a
check). Prize Vehicle will either be made available for pickup from a Mazda dealership in
Winner’s general area or Sponsor, at their discreBon, may make arrangements for delivery of
Prize Vehicle to Winner’s home or place of work. Winner will be responsible for Btle, license, and
registraBon costs at Bme of Prize Vehicle delivery. The depicBon of the Prize Vehicle in any
adverBsing or promoBonal materials may not re ect the actual vehicle to be delivered to the
Winner. Sponsor will determine all features of Prize Vehicle, including, but not limited to, color of
exterior and interior, and all other features or upgrades. Winner must provide their valid U.S.
driver’s license and proof of legally required insurance at Bme of Prize Vehicle delivery. If
applicable, Winners must take delivery of Prize Vehicle from the automobile dealership
designated by Sponsor. Sponsor shall not be responsible for delays in delivery of Prize Vehicle,
and delivery is subject to availability. Sponsor reserves the right, at its discreBon, to subsBtute
the Prize Vehicle for one of comparable or greater value. No transfer, assignment, cash
redempBon (except as provided herein), or subsBtuBon of a Prize or porBon thereof is
permieed, except by Sponsor, who reserves the right to subsBtute Prize for a prize of
comparable or greater value, in Sponsor’s sole discreBon. All Prize details are in Sponsor’s sole
discreBon. In no event, shall Sponsor’s prize liability exceed the stated ARV of the Prize. Limit
one (1) Prize per person. Total Value of all Prizes Awarded in this Contest: up to $2,616,100.
6. POTENTIAL WINNING NOMINATOR AND NOMINEE NOTIFICATIONS: PotenBal winning
Nominators and their Nominees will be noB ed on or about October 29, 2020 by the
Administrator via the email addresses and phone numbers provided at Bme of entry, and both
potenBal winning Nominators and their Nominees must each execute and return an a davit of
eligibility, a liability release and, unless prohibited by law, a publicity release, and any other
documents required by Sponsor (collecBvely, the “Prize Claim Documents”), within three (3)
days of date of issuance speci ed in the email noB caBons. In order for a Nominee to receive a
Prize, both the potenWal winning Nominator and Nominee (if di erent) must execute and
return the Prize Claim Documents and both potenWal winning Nominator and Nominee’s
eligibility must be veri ed. If either the potenBal winning Nominator or Nominee fails to
comply with these O cial Rules, or is otherwise deemed ineligible by Sponsor or Administrator,
then the Nominee will not receive a Prize, and the Entry that received the next highest score
from the Judges (see Rule 4) will be deemed a potenBal winner. Nominators and Nominees are
subject to a criminal background check and Sponsor, in its sole and absolute discreWon,
reserves the right to disqualify any Nominator and his/her Nominee if it is revealed that he/
she/they have been convicted of a felony or any crime of moral turpitude or if Sponsor
determines, in its sole discreWon, that the story told in the Video is untrue or if awarding the
prize to such individual may re ect unfavorably on the Contest or Sponsor. If a potenBal
winning Nominator or Nominee is at least 18 years of age but considered a minor in his/her
jurisdicBon of residence, such minor’s parent or legal guardian must execute the Prize Claim
Documents on minor’s behalf. Failure to return the documents listed above or reply to the email
and/or phone call with the requested informaBon, within the speci ed Bme-period, the return
of any noB caBon as undeliverable, noncompliance with these O cial Rules, or Sponsor’s
inability to contact a potenBal winning Nominator or Nominee within a reasonable Bme-period
may result in forfeiture of potenBal winning Nominator or Nominee status and, at Sponsor’s sole
discreBon, the Entry that received the next highest score from the Judges may be deemed a
potenBal winner. No messages will be leR on answering machines or voice mail systems.
Administrator is not responsible for technical di culBes with internet servers or other
telecommunicaBons systems beyond its control. If a potenWal winning Nominator and Nominee
are con rmed as O cial Winners, they may be announced on Good Morning America and/or
in other media as determined by Sponsor in its sole discreWon. O cial Winners who are not
announced publicly will receive email con rmaWon that they have been con rmed as an
O cial Winner on or amer December 2, 2020.
Please Note: As a condiWon of parWcipaWng in the Contest or receiving any prize, selected
Nominators and their Nominees must agree to be recorded on video, interviewed, and/or
photographed at the Wme the prize is awarded or for addiWonal publicity required by Sponsor.
Any video, interview, and/or photographs taken by the Sponsor or Sponsor’s representaWves,
may be featured on local and naWonal media and may be used by the Sponsor without further
noWce for adverWsing and markeWng purposes in any and all media now known or hereinamer
invented without territorial or Wme limitaWons and without compensaWon, except where
prohibited by law.
7. TERMS AND CONDITIONS: By parBcipaBng in the Contest, Nominators agree to abide by and
be bound by these O cial Rules, Sponsor’s Privacy Policy (heps://www.mazdausa.com/site/
privacy) and by the decisions of the Administrator and Sponsor, which shall be nal and binding
in all respects. By parBcipaBng in the Contest, Nominators and their Nominees agree: (a) that
Released ParBes will have no liability whatsoever for any injuries, losses, harm, damage, cost, or
expense, including, without limitaBon, any personal injury, arising from or in connecBon with
parBcipaBon in the Contest; (b) under no circumstances will Nominator be permieed to obtain
awards for, and Nominator hereby waives all rights to claim, puniBve, incidental, consequenBal,
or any other damages, other than for actual out-of-pocket expenses; (c) all causes of acBon
arising out of or connected with this Contest, or any prize awarded, shall be resolved
individually, without resort to any form of class acBon; and (d) any and all claims, judgments,
and award shall be limited to actual out-of-pocket costs incurred, excluding aeorneys’ fees and
court costs. If your Entry is selected as a winner, you and your Nominee’s informaBon may be
included in a publicly available winners list. CAUTION: ANY ATTEMPT BY A NOMINATOR TO
DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST OR WEBSITE MAY
BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE,
SPONSOR RESERVES THE RIGHT TO DISQUALIFY SUCH NOMINATOR AND SEEK DAMAGES
FROM ANY SUCH NOMINATOR TO THE FULLEST EXTENT PERMITTED BY LAW. By accepBng a
prize, Nominees agree to release the Released ParBes and hold them harmless from any and all
liability whatsoever for any injuries, losses, harm, damage, cost, and/or expenses whatsoever
(including without limitaBon, all aeorneys’ fees and court costs incurred) arising from or in
connecBon with parBcipaBon in the Contest or the awarding, receipt, possession, use, or misuse
of a Prize. ParBcipaBon in the Contest will further consBtute and signify Nominator and Nominee
(or their parent/legal guardian if 18 but considered a minor in their jurisdicBon of residence)
agreement and consent that Sponsor and/or Sponsor’s assignees may use the Nominator’s and
respecBve Nominee’s name, likeness and/or biographical informaBon in any media worldwide
without limitaBon for promoBonal purposes without further compensaBon. If, for any reason,
the Contest is not capable of running as planned by any cause, including fraud, computer virus
and electronic, network, computer or other technical malfuncBons, which, in the sole opinion of
the Sponsor, corrupts or a ects the administraBon, security, fairness, integrity or proper conduct
of the Contest, Sponsor reserves the right, at its sole discreBon to cancel, terminate, modify or
suspend the Contest and, if terminated, at Sponsor’s discreBon, to judge and determine winners
from among all eligible, non-suspect Entries received up to Bme of such acBon or as otherwise
deemed fair and equitable by Sponsor. No more than the stated number of winners in these
O cial Rules will be awarded.
8. BINDING ARBITRATION: Any controversy or claim arising out of or relaBng to the Contest
shall be seeled by binding arbitraBon in a locaBon determined by the arbitrator as set forth
herein (provided that such locaBon is reasonably convenient for claimant), or at such other
locaBon as may be mutually agreed upon by the parBes, in accordance with the procedural rules
for commercial disputes set forth in the Comprehensive ArbitraBon Rules and Procedures of
JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by
the arbitrator(s) may be entered in any court having jurisdicBon thereof. The arbitrator shall be
selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply California law
consistent with the Federal ArbitraBon Act and applicable statutes of limitaBons and shall honor
claims of privilege recognized at law. In the event that the claimant is able to demonstrate that
the costs of arbitraBon will be prohibiBve as compared to the costs of liBgaBon, Sponsor will pay
as much of the claimant’s ling and hearing fees in connecBon with the arbitraBon as the
arbitrator deems necessary to prevent the arbitraBon from being cost-prohibiBve. If any part of
this arbitraBon provision is deemed to be invalid, unenforceable or illegal (other than that claims
will not be arbitrated on a class or representaBve basis), or otherwise con icts with the rules and
procedures established by JAMS, then the balance of this arbitraBon provision shall remain in
e ect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal
or con icBng provision were not contained herein. If, however, the porBon that is deemed
invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representaBve
basis, then the enBrety of this arbitraBon provision shall be null and void, and neither claimant
nor Sponsor shall be enBtled to arbitrate their dispute. Upon ling a demand for arbitraBon, all
parBes to such arbitraBon shall have the right of discovery, which discovery shall be completed
within sixty (60) days aRer the demand for arbitraBon is made, unless further extended by
mutual agreement of the parBes.
THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE
NOMINATOR’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT
CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY
SITUATED. DO NOT ENTER THIS CONTEST IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR
CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. BY PARTICIPATING
IN THE CONTEST, EACH NOMINATOR 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
THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, 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), BUT IN NO EVENT WILL
ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) TO THE EXTENT ALLOWED BY
APPLICABLE LAW, NOMINATOR WILL NOT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND
NOMINATOR 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, AND/OR ANY RIGHTS TO HAVE
DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) NOMINATOR’S REMEDIES ARE
LIMITED TO A CLAIM FOR MONETARY DAMAGES (IF ANY) AND NOMINATOR IRREVOCABLY
WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO RELEVANT PORTIONS OF THE ABOVE MAY NOT APPLY TO EVERY NOMINATOR.
By parBcipaBng in the Contest, Nominators agree that all issues and quesBons concerning the
construcBon, validity, interpretaBon and enforceability of these O cial Rules, Nominator’s rights
and obligaBons, or the rights and obligaBons of the Sponsor with respect to the Contest, shall be
governed by, and construed in accordance with, the laws of State of California without giving
e ect to any choice of law or con ict of law rules. By parBcipaBng in the Contest, Nominator
consents to the jurisdicBon and venue of the federal, state and local courts located in Orange
County, California. In the event of any discrepancy or inconsistency between these O cial Rules
and disclosures or other statements contained in any Contest-related materials or made by any
representaBve of Sponsor, these O cial Rules shall prevail, govern and control.
9. SEVERABILITY: The invalidity or unenforceability of any provision of these O cial Rules shall
not a ect the validity or enforceability of any other provision. In the event that any provision is
determined to be invalid or otherwise unenforceable or illegal, these O cial Rules shall
otherwise remain in e ect and shall be construed in accordance with their terms as if the invalid
or illegal provision were not contained herein.
10. NAMES OF WINNERS: For the names of the winners, available aRer December 2, 2020, send
a self-addressed, business-size envelope with proper postage a xed by February 2, 2021 to:
Mazda Heroes Contest Winners, 5550 Touhy Ave, Suite 403, Skokie, IL 60077.
11. SPONSOR: Mazda Motor of America, Inc., Aen: MarkeBng Department, 200 Spectrum Center
Drive, Irvine, CA 92618
12. ADMINISTRATOR : PromoBon AcBvators Management LLC, 5550 Touhy Ave, Suite 403,
Skokie, IL 60077