Central Atlantic Region Toyota Dealers’
2018 Dog Days of Summer Contest Official Rules
The Central Atlantic Region Toyota dealers will be able to participate in the “Central Atlantic Region Toyota Dealers’ 2018 Dog Days of Summer Contest” (“Contest”) in which photographs of dogs will be chosen to be included in a 2019 calendar to be distributed by the participating Toyota dealerships. Contest is being sponsored by Toyota Motor Sales, U.S.A., Inc. (“Sponsor”), is being administered by The Service Center, Ltd. (“The Service Center”) and begins June 1, 2018 and ends on June 30, 2018 (“Contest Period”).
NO PURCHASE NECESSARY. A PURCHASE DOES NOT IMPROVE THE ODDS OF WINNING. VOID WHERE PROHIBITED.
1. GENERAL RULES AND ELIGIBILITY: The Contest is open to legal residents of the Continental U.S., except Florida, New York and Rhode Island, who have reached the age of 18, and who are not considered minors in their primary state of residence as of June 1, 2018 and who possess a valid U.S. driver’s license (“Entrant”). In addition, an Entrant must not be under any contract with any entity that prohibits or purports to prohibit the Entrant from entering the Contest and/or otherwise restricts the Entrant from granting the rights to Sponsor and/or Contest Administrator more fully described in these Official Rules. Some employers may not let their employees or contractors participate in promotions of this type. If the Entrant is selected as a potential winner and is a professional artist or designer employee or under contract with a design firm, or the Entrant is otherwise prevented or restricted from assigning all right, title and interest in and to the entry, Sponsor may require Entrant to obtain a waiver in a form acceptable to Sponsor from the Entrant’s employer or the party that has contracted for the Entrant’s services, so that Sponsor may have all rights in and to the Submission as contemplated by these Official Rules. If the Entrant is participating against the Entrants employer’s or contractor’s policies, the Entrant may be disqualified. It is the Entrant’s responsibility to understand the Entrant’s employer’s policies regarding whether he/she is eligible to participate in the Contest. Employees and family members (i.e., spouses, children, siblings, parents, and persons living in the same households, whether or not related) of Sponsor, GS Marketing, Inc., The Service Center, and each of their respective affiliates, subsidiaries, dealers, and advertising and promotional agencies or any organization involved with the production, execution or distribution of the Contest are not eligible to participate in the Contest. All federal, state and local laws and regulations apply. No substitutions or transfer of prizes permitted. In no event will Sponsor be liable for more than the stated prizes in Rule 4. Participation in the Contest constitutes permission to use an Entrant’s name, likeness, voice, address (city and state) and statements and/or testimonials in all media, now or hereafter known, throughout the world in perpetuity, in any manner Sponsor deems appropriate without any further compensation, notification or permission to the respective Entrant, unless prohibited by applicable law.
2. HOW TO ENTER: For a chance to win one of the twelve prizes in the Contest,during the Contest Period, eligible Entrants may submit an online entry by visiting www.toyotadogdayscontest.com or by mailing in an entry, as described below (“Entry”):
A. To submit an online Entry, Entrant must visit www.toyotadogdayscontest.com and submit the following information:
(a) Entrant name, mailing address, email address, and daytime phone number;
(b) Name of dog(s); and
(c) 300 dpi high-resolution photo of customer’s dog(s) in .jpeg or .tif format and no more than 1 MB per photo.
B. To submit a mail-in Entry, Entrant must submit the following information on a 3”x5” card in an envelope affixed with adequate postage addressed to: CAR Toyota Dealers’ 2018 Dog Days of Summer Contest, P.O. Box 809004, Houston, TX 77280-9921:
(a) Entrant name, mailing address, email address (if available), and daytime phone number;
(b) Name of dog(s); and
(c) Photo of dog(s).
Only one Entry per online or mail-in submission. All Entries must be original photos. No mechanically reproduced Entries accepted. Odds of winning are dependent on the number of eligible Entries received. Eligible Entry photos must only contain dog(s) named in Entry. Entries including images of any pets or humans other than Entrant and dog(s) listed in Entry will not be accepted. All online Entries must be submitted and received by June 30, 2018, and mail-in Entries must be postmarked by June 30, 2018 and received by Sponsor by July 14, 2018.
Any Entry received that is incomplete, tampered with, illegible, mutilated, reproduced, contains printing or other errors, obtained where prohibited by law or was not obtained legitimately will be null and void. Sponsor and The Service Center are not responsible for lost, late, misdirected, incomplete, stolen or misplaced Entries or the failure to forward Entries to prize headquarters or for the failure of any attempted online Entry to be received by the deadline. Mass Entries are disqualified. In the event that a software virus or other malfunction causes the operation of the Contest to become technically corrupted, the Sponsor reserves the right to cancel the Contest. All Entries become the property of the Sponsor.
By submitting an Entry, Entrant warrants and represents that the Entry is: (i) his/her own original work creation; (ii) is true and verifiable; (iii) has not been previously published; (iv) that Entrant owns or otherwise controls all of the rights to Entry materials; and that (v) Entry does not violate any law, regulation or any right of any third-party, including but not limited to rights of copyright, publicity and privacy. Submitting an Entry that is copyrighted by another individual will make Entrant responsible for any legal action the legal copyright holder might take as result of his/her Entry.
Entrants grant the Sponsor all rights of ownership, reproduction, and use of Entries for any purpose whatsoever without compensation or further permission, including but not limited to an irrevocable and perpetual, royalty-free, worldwide right, in all media (now known or later developed) to assign, use, publish, edit, adapt, modify, alter, reproduce, distribute, display, copyright, create derivative works or otherwise exploit Entries, for commercial or non-commercial use, and without compensation to the Entrant. By entering the Contest, each Entrant waives any and all rights he or she may have to the Entry. To the extent Entrant has any rights in the Entry, Entrant assigns all such rights to the Sponsor by entering the Contest.
Entries may not defame or invade the rights of publicity or privacy of any person, living or deceased, or otherwise infringe upon a person's personal or proprietary rights. Submissions that are deemed by the Sponsors in their sole discretion to be immoral, obscene, profane or not in keeping with Sponsor's image will be void. Sponsor reserves the right in its sole discretion to disqualify any Entry at any time which, in the Sponsor's reasonable opinion, endangers the safety or well-being of any person or in the event it is determined that the Entrant has not complied with these Official Rules. Other than for winner notification, neither Sponsor, nor anyone acting on its behalf, will enter into any communication with any Entrant regarding this Contest, nor will Entries be acknowledged or returned.
3. SELECTION OF WINNERS: On or about August 1, 2018, all eligible Entries received during the Contest Period will be judged by a team of judges, including The Service Center and a professional photographer (“Judges”) and will be judged based upon the following criteria: photo composition, quality, clarity and appropriateness to the theme of “Cute Dog(s)” (“Criteria”). Judges will select the twelve winners based on the photos from all eligible Entries that best exemplify Criteria (“Winners”). The decisions of Judges are final with respect to all matters relating to this Contest and Entrants agree to be bound by these Official Rules.
4. PRIZES: Each of the twelve Winners will be awarded one (1) prize consisting of the following: Entrant’s photo Entry featured as one of the months in the 2019 calendar, as determined by Sponsor, for distribution by Sponsor’s participating Toyota dealers; a copy of the calendar in which Winner’s photo Entry is included; and a $100 gift certificate to a pet store accessible to Entrant, as determined by Sponsor, with an approximate retail value (“ARV”) for each Prize of $100 (each a “Prize”). Total ARV for all Prizes is approximately $1,200.00. Winners will be notified by The Service Center at the email or physical address provided on the Entry. Winners may be required to sign and return an Affidavit of Eligibility and Release of Liability/Publicity within ten (10) days of Prize notification or an alternate winner will be selected. All Prize claims are subject to verification. Prize will be delivered to each of the Winners’ mailing address provided by Entrant on his/her Entry, after receipt and verification of the forms. Winners are responsible for any additional fees on Prize, including any applicable local, state and federal taxes.
5. WAIVER AND RELEASE: By entering the Contest, Entrant agrees to: (i) these Official Rules and the decisions of the Sponsor and the Judges, which shall be final and binding in all matters relating to the Contest; (ii) release and hold harmless Sponsor, GS Marketing, Judges, The Service Center, and each of their respective parent companies, subsidiaries, affiliates, agents, advertising and promotion agencies, distributors, retailers, and web development companies and any other companies participating in the design, administration or fulfillment of this Contest, and the officers, governors, directors, agents, and employees of each of these entities (collectively, the “Released Parties”) for personal injuries, death, damages, expenses or costs or losses of any kind resulting from participation or inability to participate in this Contest or acceptance of or use or inability to use Prize or parts thereof including, without limitation, claims, suits, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light (whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.
It is the Entrant’s responsibility to ensure that he/she has complied with all of the conditions contained in the Official Rules. The Released Parties shall not be responsible for any lost, late, misdirected, stolen, illegible, incomplete Entries, or for any computer, online, telephone or technical malfunctions that may occur. The Released Parties are not responsible for any incorrect or inaccurate information, whether caused by any of the equipment or programming associated with or utilized in the Contest, or any technical or human error or negligence which may occur in the processing of submissions in the Contest. The Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Entries. The Released Parties are not responsible for any problems, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, email, players or browsers, on account of technical problems or traffic congestion on the Internet, at any website, or on account of any combination of the foregoing. The Released Parties are not responsible for any injury or damage to participants related to or resulting from participating in the Contest.
If, for any reason, the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of any of the Released Parties which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest and select Winners from among all eligible Entries received prior to the cancellation. Persons found tampering with or abusing any aspect of this Contest, or whom Sponsor believes to be causing malfunction, error, disruption or damage will be disqualified.
CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
6. Arbitration and Choice of Law: Except where prohibited by law, as a condition of participating in the Contest, Entrant agrees that (1) any and all disputes and causes of action arising out of or connected with the Contest, or any Prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest to Entrant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than Entrant's actual out-of-pocket expenses (i.e., costs associated with entering this Contest), and Entrant further waives all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Entrants and Sponsor in connection with this Contest, shall be governed by, and construed in accordance with, the substantive laws of the State of Texas without regard to Texas’ choice of law rules.
7. PRIVACY: Any information collected from the Entry is to be used for marketing purposes only. Sponsor will not sell or provide any Entrant’s information to any third party, except as necessary for the administration of the Contest or as required by law or legal process. To have Entrant’s name removed from Sponsor’s mailing list, please write to: CAR Toyota Dealers’ 2018 Dog Days of Summer Contest – Address Removal Dept., P.O. Box 441827, Houston, TX 77244-1827.
8. WINNER'S LIST: For the name of the Winners (if claimed), send a self-addressed stamped envelope between August 1, 2018 and September 1, 2018 to CAR Toyota Dealers’ 2018 Dog Days of Summer Contest Winners List, P.O. Box 441827, Houston, TX 77244-1827.
9. SPONSOR: The Contest is sponsored by Toyota Motor Sales, U.S.A., Inc., 6565 Headquarters Drive, Plano, Texas 75024.