OFFICIAL RULES
NO PURCHASE REQUIRED TO ENTER OR WIN
A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING
1. ELIGIBILITY: CLUB EOC CONTEST (the "Contest") is open only to legal residents of the fifty (50) United States 13 years of age or older who are members of a UNITED STATES SWIMMING, INC., d/b/a USA SWIMMING-sanctioned swim club ("Swim Club"). Employees of Toyota Motor Sales, U.S.A., Inc., their respective parent, subsidiary and affiliate companies, dealers, agents, advertising and promotion agencies and any other companies (or persons) that provide services in connection with this Contest, as well as the immediate family (spouse, parents, siblings and children and their respective spouses, regardless of where they reside) and household members (whether or not related) of each such employee, are not eligible to enter or win. The contest is subject to all federal, state and local laws and regulations. Void where prohibited or restricted.
2. SPONSOR: The Contest is sponsored by Toyota Motor Sales, U.S.A., Inc., whose principal place of business is 19001 South Western Avenue, Torrance, CA 90509. (the "Sponsor").
3. AGREEMENT TO OFFICIAL RULES: Participation in the Contest constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling, as determined by Sponsor in its sole discretion, all requirements set forth herein. Except as otherwise stated in these Official Rules and in any other documents required to be delivered by entrants in connection with the Contest, personal information collected in connection with the Contest will be used in accordance with the privacy policy found on the Sponsor’s web site and with the consent of entrants upon time of entry.
4. ENTRY PERIOD: The Contest entry period begins March 1, 2008 at 12:01 AM (Eastern Time) and ends December 31, 2008 at 11:59PM (Eastern Time) (the "Entry Period"). Entries submitted prior to or after the Entry Period will be disqualified.
5. TO ENTER: Visit toyota.com/swimming during the Entry Period and complete the Contest registration form and answer the two questions presented: (1) How has sport changed your life? and (2) What makes your Swim Club an Engine of Change (EOC)? Type your response in the space provided. Response to each question must not exceed 1200 characters. Upon completing registration and answering questions click "submit". Limit one (1) entry per person, and each entry must be submitted in the name of one (1) individual person, not a group.
6. ENTRY CONDITIONS: Entry must be entrant's original creation, executed solely by entrant and may not have been published previously or won any other award and the right to submit it must not be restricted. Entry cannot defame or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person's personal or proprietary rights. Modifying, enhancing or altering a third party's pre-existing work does not qualify as entrant's original creation. All entries must be in English. Any entries deemed offensive, inflammatory or derogatory will be immediately disqualified and not eligible for consideration as determined by the judges in their sole discretion. No mechanically reproduced, illegible, incoherent, unusable, or incomplete entries will be accepted. Use of any automated Contest entry system, or a professional Contest entry agent, to submit entries in the Contest is prohibited and will result in disqualification. Sponsor is not responsible for typographical errors or any other errors in essays submitted by entrants. Entries not complying with all of the rules are subject to disqualification. No correspondence regarding entries will be entered into with entrants. By entering, each entrant releases to Sponsor all rights to content of his/her entry (including the essay) and the concepts embodied therein, and entrant retains no rights therein, in each case whether or not entrant becomes a finalist. Entrant unconditionally and irrevocably assigns and transfers to Sponsor all rights, title, interest and claim, which it now has or may in the future have to the entries or any element(s) thereafter including, without limitation, the copyright therein.
Sponsor shall have right to use (or not use or discontinue using), alter, assign or dispose of such entries however it sees fit without approval of entrants. Permission is also granted for Sponsor to publish entry in perpetuity in any media, now or hereafter known throughout the world, Sponsor may see fit, including, but not limited to, website, television, radio and/or printed materials. Entrants shall not receive any compensation or credit for use of entries, other than that disclosed in these rules. Entries will not be returned. Entrants agree to be bound by the terms of these Official Rules. In the event of a dispute as to any online entry, the authorized account holder of the e-mail address used to enter will be deemed to be the entrant. The "authorized account holder" is the natural person assigned an e-mail address by an Internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted address. Sponsor may, at its option, require satisfactory proof of email account ownership. Sponsor is not responsible for late, lost, illegible, incomplete, misdirected entries; interrupted or unavailable network servers or other connection problems, failed phone or computer transmissions, or technical failure, jumbled, scrambled or misdirected transmissions or other error of any kind, by whoever or whatever caused, whether human, mechanical or electronic, that may hinder or void your attempted Contest registration and subsequent entry. Proof of submitting an entry is not considered proof of delivery to, or receipt by, Sponsor of such entry.
7. WINNER SELECTION / JUDGING CRITERIA Determining Semi-Finalists: Beginning June 1, 2008 through December 31, 2008, all eligible entries received will be screened by a panel of judges selected from the Sponsor’s marketing agencies, who will score each entrant's entry submission based on the following judging criteria, each of which will be weighted equally: (1) an understanding of Sponsor's "Engines of Change" program, (2) a commitment to initiating change in everyday life and (3) creativity and excitement about sport.
8. WINNER NOTIFICATION. The Sponsor will attempt to notify the potential winner at the address provided by the entrant with his/her entry within ten (10) days of the end of voting. If the potential winner does not respond on or before 5:00 PM Eastern Time on the tenth day following the first attempt to contact him/her, the Sponsor will select an alternate potential winner from the next most highly ranked entrant among the finalists. The potential Grand Prize winner will be required to complete and return an affidavit of eligibility and tax/liability/publicity release (the "Affidavit/Release") within ten (10) days of being notified. If the potential winner fails to sign and return the Affidavit/Release within the required time period, an alternate winner may be selected in his/her place from the next most highly ranked entrant among the finalists.
9. PUBLICITY: Except where prohibited, participation in the Contest (including without limitation accepting the benefits of any prize) constitutes prize winner’s consent to the Sponsor’s use of such winner’s name, voice, likeness, testimonial, information and hometown for the purpose of advertising, trade or promotion, in any media now or hereafter known throughout the world, in perpetuity, without further payment or consideration. The Swim Club Member Release referred to in paragraph 12 below, the execution of which by or on behalf of any Swim Club member (or his or her guest) accepting the benefits of any prize is a condition to such Swim Club member's and such guest's receipt of the benefits of such prize, shall, except where prohibited, include a consent to publicity with respect to such Swim Club member and guest similar to winner's consent, as described in this paragraph 10.
10. GENERAL CONDITIONS: In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, that may cause the Contest to be disrupted or corrupted, the Sponsor may, in its sole discretion, either: (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules; or (b) award the unclaimed prizes at random from among the eligible entries received up to the time of the impairment. The Sponsor reserves the right in its sole discretion to disqualify any individual it believes to be tampering with the entry process, the operation of the Contest, or acting in violation of these Official Rules, as determined by Sponsor. Any attempt by any person to undermine the legitimate operation or administration of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek redress to the fullest extent permitted by law. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
11. RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Contest, entrants agree to release and hold harmless Toyota Motor Sales, U.S.A., Inc., Saatchi & Saatchi LA, Whiteboard Strategies and each of their respective parents, subsidiaries, affiliates, directors, officers, governors, employees, contractors, and agents, ("Released Parties") from and against any claim or cause of action arising out of the entrant’s participation in the Contest, or the entrants' , Swim Club members' or their respective guests' receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Contest; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors;(d) lost, late, misdirected, or undeliverable entries (e) errors in the administration of the Contest or the processing of entries; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participation in the Contest or receipt or use of any prize (including without limitation attendance at the party described in paragraph 9 above) . 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 Contest, and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, incidental, consequential, direct, or indirect damages. Sponsor reserves the right to require that any Swim Club member (and his or her guest) accepting the benefits of any prize execute (or, if a minor, his or her parent or legal guardian on his/her behalf execute) a release of the Released Parties and acknowledgment of limitation of liability ("Swim Club Member Release") that will include provisions comparable to the foregoing as a condition to such Swim Club member's (and his or her guests') being permitted to receive any such prize benefit (including without limitation attending the party described in paragraph 9 above).
12. DISCLAIMER OF LIABILITY FOR PRIZES. 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 prize provided under this Contest, since Sponsor is not in any way related to the other suppliers of these prizes. 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; 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 Contest, even if caused by the negligence of the Toyota Entities. The Swim Club Member Release shall contain a disclaimer similar to the foregoing, and, as further described in paragraph 12, execution of such Swim Club Member Release is a condition to any Swim Club member's (and his or her guests') being able to receive any prize benefit (including without limitation attending the party described in paragraph 9 above).
13. For Official Rules and Contest Results: Visit toyota.com/swimming.
