Toyota Music Factory – Big Night Out Sweepstakes
TOYOTA MUSIC FACTORY BIG NIGHT OUT SWEEPSTAKES
In return for the opportunity to participate in the Toyota Music Big Night Out Sweepstakes described herein (the “Sweepstakes”), Gulf States Toyota, Inc. (“Sponsor”) requires your agreement to comply with and be bound by the terms and conditions set forth below (the “Official Rules”):
PERIOD. The Sweepstakes will begin on July 15, 2019 at 12:00 a.m. Central Time (“CT”) and end on December 31, 2019 at 11:59 p.m. CT (the “Sweepstakes Period”).
ELIGIBILITY. NO PURCHASE NECESSARY TO ENTER. Only legal residents of the United States who are 18 years of age or older at the time of entry and live within the states of Texas, Oklahoma, Arkansas, Mississippi, and Louisiana are eligible to participate in this Sweepstakes. Employees and immediate family members (spouses, parents, siblings and children) of employees of Sponsor and its respective parents, subsidiaries, affiliates, directors, officers, governors, employees, agents, and any household members of all such persons (whether or not related) are not eligible to enter. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void outside of Texas, Oklahoma, Arkansas, Mississippi and Louisiana and wherever prohibited or restricted by law. Participation constitutes Entrant’s full and unconditional agreement to these Official Rules and the decisions of Sponsor, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein. Sponsor reserves the right, at any time and in its sole discretion, to verify eligibility requirements in any manner it deems appropriate. Eligibility determinations will be made by Sponsor in its sole discretion.
ENTRIES. LIMIT OF ONE (1) ENTRY PER PERSON AND PER EMAIL ADDRESS. To enter the Sweepstakes the Entrant must properly fill out and submit an official entry form available at the Toyota displays at select events at the Toyota Music Factory or online at www.gst.buyatoyota.com/en/landing/Sponsorships/ToyotaMusicFactoryVIPSweepstakes.page. Lost, late, illegible, mutilated, misdirected, postage due entries or entries otherwise not in compliance with these Official Rules and entries not received during the Sweepstakes Period will not be eligible and will be discarded. Any entry form received after the Sweepstakes Period has concluded or not properly filled out will not be accepted. Entries become property of Sponsor and will not be returned or acknowledged. A person who enters the Sweepstakes in accordance with the procedures herein is considered an “Entrant.” All Entrants are acknowledging that they have read, understand and agree to be bound by these Official Rules.
PRIZE DRAWING. Sponsor will randomly select one (1) prize winner from all eligible entries received during the Sweepstakes Period, on or around January 15, 2020. The potential winner will be notified by email, mail or phone and does not need to be present to win. The winner shall be required to sign a Release, an Affidavit of Eligibility, a Prize Acceptance Form and any other form/document deemed necessary by Sponsor in order to receive the prize (“Declaration”). If a potential winner of the prize cannot be contacted, or fails to sign and return the Declaration(s), or declines the prize, the potential winner forfeits the prize. Receiving any prize is contingent upon compliance with these Official Rules. In the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Only two (2) alternate drawings will be held, after which the prize will remain un-awarded.
PRIZE DESCRIPTIONS; ODDS. The prize consists of (a) gift cards totaling $500 to select restaurants within Toyota Music Factory (ARV $500), (b) $1000 Live Nation gift card (ARV $1000) and (c) one (1) double-occupancy hotel room for a one-night stay at Texican Court Hotel (ARV $250). The prize has a total approximate retail value of $1750.00. Winner will be responsible for any federal, state and local taxes associated with the prize. The difference between any stated prize value and actual prize value will not be awarded. Hotel accommodations are at the Sponsor’s discretion and subject to availability and change. Hotel reservation date will be the same date as the mutually-agreed upon event date. Odds of an entry being selected for a chance to win the prize is based on the total number of eligible entries received during the Sweepstakes Period. Prizes will only be awarded upon winner validation and verification. Every aspect of the prize shall be determined by Sponsor in their sole discretion. The prize, in whole or in part, is non-transferable, non-refundable for cash and non-changeable once issued. No portion of the prize may be sold or transferred for monetary consideration, and any attempt by a Winner to sell any portion of the prize shall immediately forfeit that portion of the prize or the entire prize, and such Winner may not be eligible to win any future prizes from Sponsor, as determined by Sponsor in their sole discretion. If any portion of the prize is lost, it will not be replaced, in whole or in part. If a Winner does not claim or use any portion of the prize, no other compensation for the unused portion of the prize, in whole or in part, will be provided. No substitution will be made except as provided herein at the Sponsor’s sole discretion. All federal, state or other tax liability (including without limitation income tax liability) arising from prize receipt and/or use shall be solely the responsibility of Winner. Depiction of the prize, or any portion thereof, in any advertising, promotional materials, commercial spots, or on Sponsor’s website(s) or on the Sweepstakes webpage may not reflect the actual prize delivered to Winner. Winner may be issued an IRS Form 1099 for the approximate retail value of their awarded prize.
LIMITATIONS ON LIABILITY. Sponsor shall not be responsible for any entries that are incomplete, illegible, stolen, misdirected, lost, late or damaged. Sponsor is not responsible for any failure of any electronic equipment, computer transmission and/or network connections, nor are they responsible for any inaccuracies in information which may be used in the Sweepstakes, or for any technical or human error which may occur in the processing of attempts, including data entered by Entrants. All entry forms become the property of Sponsor and will not be acknowledged or returned. No warranty, representation or guarantee is provided to winner in respect to the prize. By entering, each Entrant agrees to HOLD HARMLESS AND INDEMNIFY the Sponsor its affiliates, subsidiaries, parents, shareholders and each of their respective partners, parents, subsidiaries, affiliates, directors, officers, governors, employees, and agents, and Toyota Motor North America, Inc. and its respective partners, parents, subsidiaries, affiliates, directors, officers, governors, employees, and agents (the “Released Parties”) from any and all liability, damages, claims and causes of action (however named or described) with respect to or arising out of (a) Entrant’s participation in this Sweepstakes, (b) Entrant’s entry form and entry materials, (c) any typographical or other error in these Official Rules or (d) the receipt and/or use or enjoyment of the prize or any replacement prize that may be awarded herein, including any travel associated with the prize.
CONSENT OF USE. Each Entrant hereby agrees and consents, without further authorization, compensation or remuneration of any kind, to the editing, modification, replication, publication and/or other use of the names, likenesses, photographs, voices, entry forms and the like of the Entrant in any medium, whether now known or hereafter developed, including without limitation any and all advertising, promotions, and other publicity conducted by Sponsor and their respective partners, parents, subsidiaries, affiliates, directors, officers, owners, governors, employees, and agents, except where prohibited by law. Notwithstanding the generality of the foregoing, each Entrant further assigns any and all rights he or she may have over his or her entry form and entry materials or submission to Sponsor without further authorization, compensation or remuneration of any kind.
RULES. All decisions as to these Official Rules and interpretations thereof are exclusively within the sole discretion of Sponsor and may be changed from time to time without notice. 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 for any reason or no reason, including if it reasonably believes the individual 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. Sponsor reserves the right to conduct a background check of any and all records of potential prize winners, including, without limitation, civil and criminal court records and police reports, and entry in the Sweepstakes constitutes Entrant’s permission for Sponsor to conduct such background check, provided that, to the extent additional authorization is necessary under law, potential prize winners shall authorize such check. Sponsor reserves the right to disqualify any potential prize winner based on the results of the background check, in Sponsor’s sole discretion (e.g. for any felony conviction or crime of moral turpitude) or failure of the potential prize winners to properly authorize such check.
DISPUTES. This Sweepstakes shall be governed by and construed in accordance with the laws of the State of Texas, Harris County, without regard to principles of conflicts of laws. ENTRANT HEREBY WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THOSE COURTS AND SUBMITS TO THE JURISDICTION OF THOSE COURTS. Each Entrant agrees that any controversy, dispute or claim arising out of, relating to or connected with the Sweepstakes shall be resolved individually, without resort to any form of class action, and exclusively by arbitration, which will be conducted in Houston, Texas in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), and any judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. The arbitrator shall be selected by mutual agreement of the parties, if possible, and shall be a resident of Texas. If the parties fail to reach agreement upon the appointment of an arbitrator within thirty (30) days following receipt by one party of the other party’s notice of desire to arbitrate, the arbitrator shall be selected from a list or lists of persons submitted by the AAA. The selection process shall be that which is set forth in the AAA Commercial Arbitration Rules then prevailing, except that if the parties fail to select an arbitrator from one or more lists, AAA shall not have the power to make an appointment but shall continue to submit additional lists until an arbitrator has been selected. Under no circumstances will Entrant be permitted to obtain any punitive, incidental, special, consequential and/or other damages, including without limitation lost profits (collectively, “Special Damages”) to an Entrant; and Entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased.
FACEBOOK. Each Entrant or participant hereby acknowledges that the Sweepstakes specified herein is in no way sponsored, endorsed or administered by, or associated with, Facebook. Each Entrant or participant also acknowledges that any information provided of themselves or information provided to win the prize was submitted and given only to Sponsors and not to Facebook. Each Entrant or participant hereby agrees to release and hold harmless Facebook and each of its respective partners, parents, subsidiaries, affiliates, directors, officers, governors, employees, agents, shareholders and any other related individuals or entities (collectively, the “Released Parties”) for personal injuries, death, damages, expenses or costs or losses of any kind whatsoever, however incurred or allegedly sustained, resulting from their participation in any Sponsor Sweepstakes and/or receipt, acceptance, use, or enjoyment of, the prize or any part or portion thereof.
RESULTS: For Sweepstakes results and/or a copy of these Official Rules, send a hand-printed, self-addressed, stamped envelope to: “Toyota Music Factory Big Night Out Sweepstakes”, P.O. Box 442168, Houston, Texas 77077. Requests for a winner list must be received by January 15, 2020.