promotionsrules: OFFICIAL PROMOTIONS RULES
ALL CONTESTS OR SWEEPSTAKES HELD BY TOYO TIRE U.S.A. CORP. ARE SUBJECT TO THE FOLLOWING OFFICIAL RULES. THESE RULES ARE IN ADDITION TO THE RULES SET FORTH ON THE PROMOTION WEBPAGE.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
Sponsor. The Sponsor of the contest or sweepstake (the “Promotion”) is Toyo Tire U.S.A. Corp., 5665 Plaza Drive, Suite 300, Cypress, California 90630 (“Sponsor”).
Timing. All entries must be submitted within the time period (“Submission Period”) identified on the Promotion webpage and/or tweet (“Promotion Webpage”). In the event the entries will be voted on, the Submission Period will be followed by a voting period, as identified on the Promotion Webpage (“Voting Period”).
Eligibility. The Promotion is open only to entrants who are 18 years of age or older at time of entry and a legal resident of the United States (excluding residents of: (i) if the value of the prizes is greater than $4,999, Florida and New York; (ii) if the value of the prizes is greater than $499, Rhode Island; and (iii) U.S. territories outside the U.S.; and (iv) where prohibited by law) or the District of Columbia. Directors, officers, employees, contractors, and agents of Sponsor and its subsidiaries, affiliates, resellers, or advertising or promotional agencies and members of their immediate families (spouse, parents, siblings and children) are not eligible. The Promotion is subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Toyo’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein and on the Promotion Webpage.
Timing. The Sponsor’s promotion administrator’s computer is the official time keeping device for the Promotion.
Submissions. Once submitted, an entry cannot be deleted, canceled or modified. No correspondence will be made regarding receipt of entries. All entries submitted become the sole property of Sponsor and will not be returned. No entries may be submitted by facsimile. The winner maybe required to show proof of identification.
Entry Requirements. Entries may not contain, as determined by the Sponsor in its sole discretion, any content that:
- contains any identifiable names, logos, trademarks or markings of any third-party;
- contains copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media);
- is inappropriate, offensive or obscene;
- communicates messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and/or
- violates any law.
All entries and the content thereof must be the original work of entrant (“Entry IP”) and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. Sponsor reserves the right to disqualify any entry for any reason, in its sole and absolute discretion, including its determination that any entry fails to satisfy any of the above requirements.
Alternate Method of Entry. Participation in the Promotion is voluntary and does not require eligible participants to purchase anything from the Sponsor. In addition to the entry method identified on the Promotion Webpage, entrant may enter a Promotion that is a sweepstakes by sending a postcard with the name of the Promotion and entrant’s name, address and phone number to Toyo Tire U.S.A. Corp., Attn: Marketing Dept., P.O. Box 6052, Cypress, CA 90630. Postcard must be postmarked on or before the Promotion end date. The Sponsor will use contact information solely to contact entrant in the event that entrant is the winner or otherwise in connection with the administration of the Promotion.
How to Win.
a) For Promotions Involving Voting. Entries submitted during the Submission Period will be displayed as voting-eligible on the Promotion Webpage during the Voting Period. During the Voting Period, individuals will be invited to the Promotion Website to select their favorite entry submitted during the Submission Period. Limit one (1) vote per entry, per Facebook account, per day. Subject to verification of eligibility and compliance with these Official Rules, the entry that receives the highest number of valid votes during the Voting Period, as determined by Sponsor, will be deemed the winner. Votes received from any Facebook account or person in excess of the stated limitations during the Voting Period will be void, as will any votes received in violation of the voting terms identified on the Promotion Webpage (“Voting Terms”). Entrants are prohibited from obtaining votes by any fraudulent or inappropriate means as determined by Sponsor in its sole discretion, including, without limitation, offering prizes or other inducements to any person, or directly or indirectly use any script, macro or automated system or improper means to submit votes or create accounts. Entries and/or votes may be disqualified if they are found to have benefited from votes submitted in violation of these Official Rules or the Voting Terms. In the event of a tie, the winner will be chosen at random by Sponsor.
b) All Promotions. Sponsor reserves the right not to select a winner and cancel the Promotion if, in its sole discretion, it does not receive a sufficient number of eligible and qualified entries during the Submission Period. Each entrant’s chances of winning are dependent upon the number and quality (if applicable) of eligible entries received.
Verification of Potential Winner. To win a prize, the potential winner must continue to comply with all terms and conditions of these Official Rules. The potential winner will be notified by telephone, mail, email or Twitter, at Sponsor’s discretion, within approximately three (3) business days following selection of the winner. In order to claim a prize, the potential winner maybe required, at the request of Sponsor, to sign and return to Sponsor an Affidavit of Eligibility/Liability & Publicity Release (“Affirmation”) within forty-eight (48) hours of the date notice or attempted notice is sent. If a potential winner cannot be contacted or fails to sign and return the Affirmation, if required, within the specified time period, the potential winner is disqualified and forfeits the prize. In the event that a potential winner is disqualified for any reason, Sponsor may award the applicable prize to an alternate potential winner.
Prizes. The prize(s) and the approximate retail value(s) (ARV) are identified on the Promotion Webpage. The winner will be solely responsible for all applicable federal, state, local and other tax liabilities and all other fees and expenses associated with receipt and use of the prize.
Limitations of Prizes. No transfer, substitution or cash equivalent for a prize is allowed, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize of equal or greater monetary value if a prize cannot be awarded as described for any reason. Actual prize may differ from promotion images. All prizes are awarded AS IS. Sponsor makes no representation or warranty that the prize can be sold, bartered or traded for the ARV stated on the Promotion Webpage. Values are subject to market conditions, which can fluctuate and any difference between actual market value and ARV will not be awarded. Sponsor has not made and is not responsible for any warranties, representations, or guarantees, express or implied, in fact or law, relating to the prize, including, without limitation, their quality, mechanical condition, merchantability, or fitness for a particular purpose.
Conditions of Participation. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Proof of submission will not be deemed to be proof of receipt by Sponsor. Sponsor reserves the right to cancel, suspend and/or modify the Promotion, 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 Promotion, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prizes at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the Promotion Website, entry process or the operation of the Promotion or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion maybe 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. By entering the Promotion, entrant: (i) warrants that entrant owns all right and interest in the Entry IP and that the Entry IP does not infringe upon any intellectual property rights of any third party or violate any applicable laws; and (ii) assigns to Sponsor all right title and interest in and to the Entry IP.
Release and Limitation of Liability. As a condition of entering the Promotion, entrants agree to release and hold harmless Sponsor, Promotion administrator, Facebook (if involved in the Promotion) and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of: (i) participation in the Promotion or Promotion related activity; (ii) receipt, use or misuse of any prize; and (iii) any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery. Further, 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 Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, traffic congestion or disconnections in phone or internet lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; and (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; and (5) any injury or damage to entrant's or any other person's computer related to or resulting from participation or downloading any materials in the Promotion.
Entrants and winners further understand and agree that all rights under Section 1542 of the Civil Code of California ("Section 1542") and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
Disputes. Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with the Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by a court of competent jurisdiction in Orange County, California; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Promotion, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. 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 Promotion, shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California. This Promotion is subject to all applicable laws. Void where prohibited.
Rules and Winner’s List. To receive winner information or an additional copy of these Official Rules, send a self-addressed, stamped envelope to: Toyo Tire U.S.A. Corp., 5665 Plaza Drive, Suite 300, Cypress, CA 90630. Please specify the name of the Promotion and “Official Rules” or “Winner Information.” Vermont residents may omit return postage if requesting Rules.
The Promotion is in no way sponsored, endorsed or administered by or associated with Facebook.