Toyota Motor Sales – Sponsafier Drawing – Win the following a trip to Winner’s choice of attending a Sponsor-designated NASCAR or NHRA race
Toyota Motor North America, Inc.
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL APPLICABLE LAWS AND REGULATIONS APPLY. VOID OUTSIDE THE ELIGIBILITY AREA AND WHERE PROHIBITED.
The Sponsafier Drawing (“Drawing”) is being sponsored by Toyota Motor Sales, U.S.A., Inc., 6565 Headquarters Dr., Plano, TX 75024 (“TMS” or “Sponsor”) and will be held beginning June 24, 2022, 12:01 a.m. eastern time (“ET”) and ending August 31, 2022, 11:59 p.m. ET. (the “Drawing Period”). Entries that are submitted before or after the Drawing Period will be disqualified.
1. Eligibility The Drawing is open to legal residents of the 48 contiguous United States, Alaska, and District of Columbia who are 18 years of age or older at time of Entry, as defined below (“Entrant”). Employees of TMS, its parent, subsidiaries, agencies, affiliates, dealers, and members of the immediate families and persons living in the same household of any of the aforementioned, are ineligible to Enter, as defined below. The Drawing is subject to applicable laws and regulations and is void outside the eligibility area and where prohibited or restricted by law.
2. Agreement to Official Rules Participation in the Drawing constitutes Entrant’s full and unconditional agreement to and acceptance of these Official Rules (“Official Rules”) and the decisions of the Sponsor, which are final and binding. Winners, as defined below, are contingent upon being compliant with these Official Rules and fulfilling all other requirements set forth herein.
3. How to Enter Each Entrant will enter the Drawing by visiting Sponsafier.com (“Website”) and completing and submitting the Drawing entry form, including Entrant’s full name, email address, street address, age range, name of Entrant’s favorite current Team Toyota driver, and, as an option, after reviewing the Design Idea Guidelines below, providing a detailed written description of Entrant’s racecar Design Idea, as defined below (each, an “Entry”). Limit one (1) Entry per Entrant during the Drawing Period. By Entering, Entrants acknowledge and agree to waive his/her rights to each Entry and Design Idea, as defined below, that he/she may submit, and Entrant understands that Entries become the property of the Sponsor and may not be acknowledged.
a. Design Idea Guidelines: Entrant’s detailed written racecar design idea description (“Design Idea”) must meet all of the following guidelines to be included in his/her Entry:
i. Design Idea may not contain content that is lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, or otherwise containing inappropriate content or objectionable material as determined by Sponsor, in its sole and unfettered discretion.
ii. Design Idea must be an original idea created solely by the Entrant and must not infringe any copyright, trademark, privacy, publicity or other intellectual rights of any person or entity.
iii. Design Idea must not include any personally identifiable information of any person other than Entrant.
iv. Design Idea must not contain any commercial content or logos other than that of Sponsor.
v. Design Idea must not include any previously published material or content, including material or content submitted as entry into another promotion.
vi. Design Idea may not contain any material or elements that are not owned/created by Entrant and/or that are subject to the rights of any third parties.
By submitting a Design Idea with his/her Entry, Entrant agrees that:
– the Design Idea has been created solely by the Entrant and conforms to these Design Idea Guidelines and these Official Rules and that Sponsor may, in its sole discretion, disqualify the Entry for any reason at any time, including if it determines that the Entry fails to conform to these Design Idea Guidelines and/or these Official Rules in any way or otherwise contains unacceptable content, as determined by Sponsor, in its sole discretion.
– by submitting a Design Idea with his/her Entry, Entrant hereby grants permission for Design Idea to be posted online by Sponsor on its website, social media networks, and/or otherwise used for commercial or non-commercial purposes.
– Entrant agrees that Released Parties (as defined below): (1) are not responsible for any unauthorized use of Entrant’s Design Idea by any third parties; and (2) do not guarantee the posting of any Design Idea by the Entrant.
– by submitting a Design Idea with his/her Entry, he/she grants to Sponsor, its licensees, successors and assigns, and any person or entity acting on its behalf, the irrevocable right and non-exclusive license to use, publish, exploit, modify, edit, transmit and distribute the Design Idea, including, without limitation, except where prohibited by law, the names and likenesses of any persons or locations embodied therein, and Entrant’s name and likeness in any and all media now known or hereafter devised, worldwide, in perpetuity for Sponsor’s advertising and promotional purposes without compensation, permission or notification to Entrant or any third party.
If randomly drawn as a Winner, Entrant understands and agrees that his/her Entry and Design Idea will be irrevocably assigned and transferred to Sponsor and all of Entrant’s right, title and interest in and to the Design Idea, including, all but not limited to, copyright and trademark rights to the Design Idea in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged, shall vest in Sponsor. Entrant waives, in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that Entrant may now or later have to the Design Idea. Sponsor reserves the right to alter, change or modify the winning Design Idea or make derivative works of the Design Idea, in its sole discretion. Upon request of Sponsor, Entrant shall execute and deliver such additional instruments of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Artwork and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. 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 time request the assignment.
4. Drawing and Winner NotificationOn or about September 15, 2022, Sponsor will randomly draw two Entries from all eligible Entries submitted during the Drawing Period (each, a “Winner”). Sponsor’s decisions are final on all matters relating to the random drawing of Winners. The odds of being selected a Winner depend on the number of eligible Entries received during the Drawing Period. On or about September 30th, 2022, randomly drawn Entrants will be notified that he/she is a Winner by a Sponsor representative or designee by the email address provided on his/her Entry. If the potential Winner cannot be contacted within three (3) days after the date of the first attempt to contact him/her, the Sponsor will randomly draw from all remaining eligible Entries for an alternate potential Winner. Each Winner will be required to execute and complete via email in the timeframe specified and have notarized, an Affidavit of Eligibility and Liability/Publicity Release (where legal) and assignment of rights. Return of any Winner notification as undeliverable or if potential Winner is not eligible or did not comply with these Official Rules, an alternate Winner will be determined and notified as indicated above. All federal, state and local taxes associated with winning and accepting a Prize, as defined below, are Winner’s sole responsibility and a 1099 tax form will be submitted on Winner’s behalf. Prizes will be awarded within 4-6 weeks after verification of each Winner.
5. Prizes Each Winner will receive the following: a trip to Winner’s choice of attending a Sponsor-designated NASCAR or NHRA race, based on availability and at Sponsor’s discretion, consisting of: two (2) round-trip, coach class air transportation from gateway airport closest to Winner’s residence’s airport (one round-trip airfare for Winner and one round-trip airfare for their guest (“Guest”)* (approximate retail value (“ARV”) = 1,300), both of whom must be at least 18 years of age at time of travel; and double occupancy hotel accommodations for two (2) people for 2 nights (ARV = $1,500); two (2) race tickets (ARV = $500) and a gift card in the amount of $1,000 for related incidental expenses (collectively, “Prize”). Total ARV of Prize = US$4,300). Sponsor will contact Winners for Prize scheduling and arrangements.
*Guest must be at least 18 years of age or the Age of Majority in his/her state of residence at time of Prize fulfillment.
i. Additional Prize Details:
a) Each Winner must execute and return an of Eligibility and Liability/Publicity Release attached hereto as Exhibit A (“Release”) and provide travel documents requested by Sponsor prior to arrangement of Prize by Sponsor. Failure to return the executed Release and/or other documentation within the time period specified may result in forfeiture of Winner’s receipt of Prize.
b) Guest will be required to verify address and to execute and return a Guest Affidavit of Eligibility and Liability/Publicity Release, attached here to as Exhibit B (“Guest Release”) and provide any travel documents requested by Sponsor prior to arrangement of Prize travel by Sponsor. Failure to return the executed Guest Release and/or other documentation within the time period specified may result in Guest’s forfeiture of participation in the Prize.
c) Winner and Guest must travel together on same itinerary for Prize.
d) Any difference between Prize ARV and actual cost to Sponsor will not be awarded.
e) The Prize must be fully redeemed on dates specified herein and as arranged by Sponsor.
f) Winner and Guest agree to undertake Prize participation at their sole risk.
g) All Prize details are at Sponsor’s sole discretion. Prize participation restrictions may apply. Except as indicated in these Official Rules, all food/meals, taxes, gratuities, travel insurance, bag check fees, unscheduled stop overs or other arrangements not scheduled by Sponsor, parking fees, laundry service, alcoholic beverages, incidentals, including mini-bar and phone charges, merchandise, souvenirs and other expenses not specifically identified in these Official Rules, are the sole responsibility of the Winner and/or Guest. Once Prize details have been arranged by Sponsor, no changes, extensions, or substitutions are permitted except at Sponsor’s sole discretion. Sponsor will not replace any lost or stolen tickets or travel vouchers for or relating to Prize. Winner and Guest must comply with any regulations and/or conditions that apply to Prize participation, including, but not limited to, all venue, stadium, NASCAR or NHRA event rules and regulations, as appropriate for each Winner’s Prize, as well as hotel check-in requirements, such as presentation of a major credit card for any hotel-related incidental charges that Winner and/or Guest may incur outside of charges covered under these Official Rules. Failure to do so may result in forfeiture of Prize. Sponsor reserves the right to remove or deny any portion of Prize to Winner and Guest who engage in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person during Prize participation. Tickets must be accepted as awarded and are subject to all of the applicable terms and conditions prescribed to such tickets. Winner and Guest are responsible for obtaining any travel documents required for participation in Prize, including passports valid for length of trip, as well as travel insurance (and all other forms of insurance), that they may wish to obtain for Prize participation (at their own expense)
Sponsor and its respective parents, subsidiaries and affiliated companies (the “Toyota Entities”) maintain no control over the personnel, equipment, or operation of any air, water or surface carrier, ship line, bus or limousine company, transportation company, hotel, restaurant, or other person or entity furnishing service, products, or accommodations as a part of the Prizes being provided under this Drawing, since Sponsor is merely an independent supplier of one of the Drawing Prizes and is not in any way related to the other suppliers. The Toyota Entities shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience, or other irregularity that may be caused or contributed to (a) by wrongful, negligent, or unauthorized act or omission on the part of any of those suppliers or any of their agents, servants, employees, or independent contractors, (b) by any defect in or failure of any vehicle, equipment, instrumentality, service, product, or accommodation that is owned, operated, furnished, or otherwise used by any of those suppliers, (c) by the wrongful, negligent, or unauthorized act or omission on the part of any other person or entity not an employee of the Toyota Entities, or (d) by any cause, condition, or event whatsoever beyond the control of the Toyota Entities.
6. General Conditions In the event that the operation, security, or administration of the Drawing is impaired in any way for any reason, including, but not limited to fraud, virus, bug, worm, unauthorized human intervention or other technical problem, or in the event the Drawing is unable to run as planned for any other reason, as determined by Sponsor in its sole discretion, the Sponsor may, in its sole discretion, either (a) suspend the Drawing to address the impairment and then resume the Drawing in a manner that best conforms to the spirit of these Official Rules or (b) terminate the Drawing and, in the event of termination, award the applicable Prizes based on the judging criteria above after judging the eligible, non-suspect Entries received at each TMM Plant up to the time of the impairment. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the Entry/judging process or the operation of the Drawing or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Drawing may be a violation of criminal and civil law and, should such an attempt be made, the Sponsor reserves the right to seek damages (including attorney’s fees) and any other remedies from any such person to the fullest extent permitted by law. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. By entering, you hereby grant permission to Sponsor and/or its designees (without additional compensation, notice or further consent) for the use of your Entry, name, address, photograph, testimonial, recorded voice, video or other likeness and/or Prize information, biographical information and/or personal exposition (and/or any edited portion thereof) for promotional, advertising and/or publicity purposes in any media, now or hereafter known throughout the world in perpetuity, regarding your winning the Drawing, without additional compensation, without providing you notice, and without requiring any additional consent, to extent permitted by law.
7. Release and Limitations of Liability By participating in the Drawing, Entrants agree to release and hold harmless the Sponsor, its parent, subsidiaries, affiliates, advertising and promotion agencies, other companies associated with the Drawing, and each of their respective officers, directors, employees, shareholders, representatives, and agents (collectively, the “Released Parties”) from and against any claim or cause of action arising out of participation in the Drawing or receipt or use of the Prizes (including any travel or activity related thereto), including, but not limited to: (a) any technical errors associated with the Drawing, including lost, interrupted or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone, cellular tower or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (b) unauthorized human intervention in the Drawing; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d) any other errors or problems in connection with the Drawing, including, without limitation, errors that may occur in the administration of the Drawing, the announcement of the Winners, the cancellation or postponement of the Drawing, the processing of Entries or in any Drawing-related materials; or (e) injury, death, losses or damages of any kind, to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrants’ participation in the Drawing or acceptance, receipt or misuse of the Prizes (including any travel or activity related thereto). Entrant further agrees that in any cause of action, the Released Parties liability will be limited to the cost of entering and participating in the Drawing, and in no event shall the Entrant be entitled to receive attorney’s fees. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Drawing. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
Sponsor and its parent, subsidiaries and affiliated companies (collectively, the “Toyota Entities”) shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience, or other irregularity that may be caused or contributed to (a) by wrongful, negligent, or unauthorized act or omission on the part of any of those suppliers or any of their agents, servants, employees, or independent contractors, (b) by any defect in or failure of any vehicle (as applicable), equipment, instrumentality, service, product, or accommodation that is owned, operated, furnished, or otherwise used by any of those suppliers, (c) by the wrongful, negligent, or unauthorized act or omission on the part of any other person or entity not an employee of the Toyota Entities, or (d) by any cause, condition, or event whatsoever beyond the control of the Toyota Entities. The Toyota Entities shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience, or irregularity arising out of or relating to any Prize granted under this Drawing, even if caused by the negligence of the Toyota Entities.
8. Disputes Except where prohibited, each Entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Drawing or any Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Collin County, Plano, Texas in the U.S. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Drawing, shall be governed by, and construed in accordance with, the laws of the State of Texas in the U.S, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than the State of Texas in the U.S.
10. Winners’ List A list of verified Drawing Winners will be available on or about September 30, 2022 on the Sponsafier.com website