important note: the following contest is intended
THIS CONTEST IS OPEN TO CANADIAN RESIDENTS ONLY AND IS GOVERNED BY CANADIAN LAW 1.
CONTEST PERIOD:
The Toyota Dream Car Art Contest (the “Contest”) begins on October 3, 2016 at 9:00 a.m. Eastern Standard Time (“EST”) and ends on February 3, 2017 at 4:00:00 p.m. EST (the “Contest Period”). 2.
ELIGIBILITY TO ENTER:
Contest entry is open only to residents of Canada who: (i) have reached the legal age of majority in their province/territory of residence at the time of entry; and (ii) are the parent, legal guardian or authorized representative of a child (the “Child”) who is fifteen (15) years of age or under at the time of entry; except employees, representatives or agents (and those with whom such persons are domiciled, whether related or not) of Toyota Canada Inc. (the “Sponsor”), its parent company or companies, subsidiaries, affiliates, prize suppliers, advertising/promotion agencies, dealers and any other entity involved in the development, production, implementation, administration, judging or fulfillment of the Contest (collectively, the “Contest Parties”). 3.
HOW TO ENTER:
NO PURCHASE NECESSARY. To enter, go to www.toyota.ca/dreamcarartcontest (the “Website”) and follow the on-screen instructions to download and print: (i) the Official Contest Entry Form (the “Entry Form”); (ii) the Official Contest Questionnaire (the “Questionnaire”); and (iii) the Non-Exclusive License and Waiver of Moral Rights (the “License”). Once you have obtained access to all of the Contest documents, you will be required to complete the following five (5) steps: Step 1: Fully complete the Entry Form with all required information, which requires you to: (i) select the age category (each, a “Category” and collectively, the “Categories”) for your Child (based on his/her age at the time of entry) from the following options: (a) under 8 years old; (b) 8-11 years old; and (c) 12-15 years old; (ii) insert the title of your Child’s Design in the space provided (the “Title”); (iii) explain the concept of your Child’s Design in the space provided (the “Description”); (iv) enter the full name, age and gender (optional) of your Child in the space provided; (v) enter your full name; complete mailing address (including postal code), valid email address and telephone number in the space provided; and (vi) signify your agreement that you have read and agree to be legally bound by the terms and conditions of these Official Rules and Regulations (the “Rules”). Step 2: Fully complete the Questionnaire with all required information, which requires you to indicate: (i) how you learned about the Contest; (ii) the reasons for your Child’s participation in the Contest; (iii) if your perception of Toyota has changed after deciding to allow your Child to participate in the Contest; (iv) if you would let your Child participate again if there were to be a similar contest or promotion in the future; (v) your Child’s Category (as defined above); (vi) your Child’s gender (optional); and (vii) what, if any, brand of vehicle you currently own. Step 3: Fully complete the License with all required information, which once completed will signify that you agree (on behalf of your Child and on your own behalf) to: (i) grant, in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use your Child’s Design, in whole or in part, for advertising or promoting the Contest or for any other reason without further notice or compensation; and (ii) waive all moral rights that you and your Child may have therein in favour of the Sponsor.
2 Step 4: Your Child must create an artistic drawing, painting or other non-digital representation on paper (the “Design”) depicting what he/she feels is their “Dream Car” (the “Theme”). FOR THE AVOIDANCE OF DOUBT, THE DESIGN MUST BE CREATED BY YOUR CHILD. To be eligible, your Child’s Design must depict the Theme and must be in accordance with the specific Submission Requirements listed below in Rule 5 (all as determined by Sponsor or its designated content reviewer(s) in its or their sole and absolute discretion). Step 5: Once you and your Child (as applicable) have completed all of the steps as outlined above, you must mail (in an envelope with sufficient postage) the completed Entry Form, Questionnaire, License and Design (collectively, the “Entry”) to the Administration Office of the Toyota Dream Car Art Contest at: Toyota Dream Car Art Contest, 1 Toyota Place, Toronto, ON, M1H 1H9. To be eligible, your Entry (including all individual components thereof) must: (i) be received in a separate envelope bearing sufficient postage; and (ii) be post-marked during the Contest Period and received by no later than February 3, 2017 at 4:00:00 p.m. EST. The Released Parties (defined below) take no responsibility for any lost, stolen, delayed, illegible, damaged, misdirected, late or destroyed Entries (all of which are void). 4.
ENTRY LIMIT AND SPONSOR’S RIGHT TO VERIFY:
There is a limit of one (1) Entry per person, per Child permitted during the Contest Period. This means that the same eligible entrant can submit one (1) Entry for each Child of which he/she is the parent, legal guardian or authorized representative – provided: (i) each such Child meets the eligibility requirements noted above in Rule 2; and (ii) the Entry in relation to each Child is unique and original (i.e. you cannot submit the same Design for each Child). If it is discovered by the Sponsor (using any evidence or other information made available to or otherwise discovered by the Sponsor) that any person has attempted to: (i) obtain or submit more than one (1) Entry per person, per Child during the Contest Period; and/or (ii) use (or attempt to use) multiple names, identities, email addresses and/or any automated, macro, script, robotic or other system(s) or program(s) to enter or otherwise participate in or disrupt this Contest; then he/she may be disqualified from the Contest in the sole and absolute discretion of the Sponsor. Any Entry you attempt to submit may be rejected if (in the sole and absolute discretion of the Sponsor): (i) the Entry Form, Questionnaire, License and/or Design is not fully completed and submitted during the Contest Period in accordance with these Rules; and/or (ii) the Sponsor determines, in its sole and absolute discretion, that your Child’s Design is not in accordance with these Rules, including, but not limited to, the specific Submission Requirements listed below in Rule 5. All Entries are subject to verification at any time and for any reason. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification): (i) for the purposes of verifying an individual’s eligibility (including, without limitation, the eligibility of an entrant’s Child) to participate in this Contest; (ii) for the purposes of verifying the eligibility and/or legitimacy of any Entry entered (or purportedly entered) for the purposes of this Contest; and/or (iii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Contest in accordance with these Rules. Failure to provide such proof to the complete satisfaction of the Sponsor in a timely manner may result in disqualification in the sole and absolute discretion of the Sponsor. The sole determinant of the time for the purposes of a valid Entry in this Contest will be the Sponsor’s Official Clock(s). 5.
SUBMISSION REQUIREMENTS:
BY SUBMITTING AN ENTRY, YOU AGREE THAT THE ENTRY (AND EACH INDIVIDUAL COMPONENT THEREOF) COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES. THE RELEASED PARTIES (DEFINED BELOW) WILL BEAR NO LIABILITY REGARDING THE USE OF YOUR ENTRY OR ANY COMPONENT THEREOF. THE RELEASED PARTIES (DEFINED BELOW) SHALL BE HELD HARMLESS BY YOU IN THE EVENT IT IS SUBSEQUENTLY DISCOVERED THAT YOU HAVE DEPARTED FROM OR NOT FULLY COMPLIED WITH ANY OF THESE RULES.
3 Your Child’s Design must never have been previously selected as a winner in any other contest. To be eligible for entry in this Contest, your Child’s Design must meet the following specific requirements:
The Design must be drawn and submitted on paper measuring 8.5 to 12 inches (215 mm to 300 mm) by 11 to 18 inches (280 mm to 450 mm). These measurements correspond to either A4 to A3 size, or letter to tabloid size.
The Design must be a hand-drawn, coloured illustration with a background and must not be created, altered or otherwise enhanced in a digital manner. Any non-digital artistic medium (any paint including water paint, colour markers, crayons, etc.) may be used by your Child to create his/her Design.
By participating in the Contest, each entrant hereby warrants and represents (on behalf of his/her Child and on his/her own behalf) that the Title, Description and his/her Child’s Design: i.
is original to the Child and that all necessary rights in and to the Entry (and all individual components thereof) have been obtained for the purposes of entering the Contest;
ii.
does not violate any law, statute, ordinance or regulation;
iii.
does not contain any reference to or likeness of any identifiable third parties;
iv.
will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party, or give rise to any claims whatsoever; and
v.
is not defamatory, trade libelous, pornographic or obscene, and further that it will not contain, depict, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups (including, without limitation, any competitors of Sponsor); content that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct; personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services other than products of Sponsor; any identifiable third party products, trade-marks, brands and/or logos, other than those of Sponsor; conduct or other activities in violation of these Rules; and/or any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor in its sole and absolute discretion.
The Sponsor and/or its promotional agency or designated content moderator (the “Reviewer”) will initially screen every Entry. Any Entry (or a component thereof) that the Reviewer deems, in its sole and absolute discretion, to violate the terms and conditions set forth in these Rules is subject to disqualification. The Reviewer reserves the right, in its sole and absolute discretion at any time, to modify, edit or remove any Entry (or any component thereof), or to request an entrant to modify, edit and/or re-submit his or her Entry (or a component thereof), in order to ensure that the Entry (or any component thereof) complies with these Rules, or for any other reason. 6.
RELEASE OF LIABILITY:
By entering the Contest and submitting an Entry, each entrant (on behalf of his/her Child and on his/her own behalf) hereby agrees to release and hold harmless the Contest Parties and each of their respective agents, employees, directors, successors, and assigns (collectively, the “Released Parties”) from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action or other action that relates in any way to the Entry (or any component thereof).
4
7.
THE PRIZES AND APPROXIMATE RETAIL VALUES:
The Prizes available to be won will consist of the following (each, a “Prize” and collectively, the “Prizes”) (i) one (1) 3Doodler Create 3D printing pen for each of the top three (3) eligible winners in each of the three (3) age categories; (approximate retail prize value: $130CAD each), for a total of nine (9) 3Doodler Create 3D printing pens; and (ii) the opportunity for your Entry to automatically be considered in the World Contest (defined below) being hosted by Toyota Motor Corporation, for each of the top three (3) eligible winners in each of the three (3) age categories, for a total of nine (9) prizes;. Each Prize must be accepted as awarded and is not transferable, assignable or convertible to cash (except as may be specifically permitted by Sponsor in its sole and absolute discretion). No substitutions except at Sponsor’s option. Sponsor reserves the right, in its sole and absolute discretion, to substitute any Prize or a component thereof with a prize of equal or greater value, including, without limitation, but at Sponsor’s sole and absolute discretion, a cash award. 8.
WINNER SELECTION PROCEDURE (3 WINNERS PER CATEGORY):
A panel of judges (the “Contest Judges”) appointed by the Sponsor will judge each eligible Entry on the basis of the following equally weighted criteria (the “Criteria”): Criteria 1. Expressiveness of Message 2. Uniqueness 3. Artistry
Weighting 1/3 1/3 1/3
Each eligible Entry will be given a score (the “Score”) by the Contest Judges (as determined by the Contest Judges, in their sole and absolute discretion). Entries will then be ranked according to Score on a per-Category basis. Odds of being selected as an eligible winner of a Prize therefore depend on the number and calibre of eligible Entries submitted in each Category during the Contest Period in accordance with these Rules. In each Category, the eligible entrants associated with the top three (3) eligible Entries based on total Score (as determined by the Contest Judges, in their sole and absolute discretion) will each be selected as an eligible winner of a Prize. For the avoidance of any doubt, there will be three (3) eligible winners in each Category (i.e. nine (9) eligible winners in total for this Contest). In the event of a tie between two or more eligible Entries based on Score within a Category, the eligible entrant associated with the eligible Entry – from amongst all such eligible Entries that are tied in that Category – with the highest score on Criteria 1 (and in the event of a further tie, Criteria 2 followed by Criteria 3) will be selected as the eligible winner of a Prize in the applicable Category. In the event of an exact tie within a Category based on criteria 1, 2 and 3, a new panel of judges will be appointed by the Sponsor to break the tie in accordance with the procedure outlined above. Judging is scheduled to be completed on or about March 3, 2017 (the “Selection Date”). 9.
WINNER NOTIFICATION AND CONFIRMATION PROCEDURE:
The Sponsor or its designated representative will make a minimum of three (3) attempts to contact each eligible winner (using the information provided on the Entry Form) within three (3) business days of the Selection Date. If an eligible winner cannot be contacted within three (3) business days of the Selection Date, or if there is a return of any notification as undeliverable; then he/she may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit all rights to the Prize – including, without limitation, the opportunity to participate in the World Contest) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to select an alternate eligible entrant based on the next highest Score received in the applicable Category in accordance with these Rules to be the eligible winner of a Prize in that Category (in which case the foregoing provisions of this section shall apply to such new eligible winner). BEFORE BEING DECLARED A CONFIRMED PRIZE WINNER, each selected entrant will be required to sign and return within three (3) business days of notification the Sponsor’s declaration and release form, which (among other things): (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the Prize (as awarded); (iii) releases the Released Parties from any and all liability in connection with this Contest, his/her participation therein,
5 his/her Child’s participation therein and/or the awarding and use/misuse of the Prize or any portion thereof; (iv) assigns all intellectual property, including copyright, in and to his/her Child’s Design; (v) agrees to indemnify the Released Parties against any and all claims, damages, liabilities, costs, and expenses arising from use of his/her Entry (or any component thereof) including, without limitation, any claim that his/her Entry (or an component thereof) infringes a proprietary interest of any third party; and (vi) agrees to the publication, reproduction and/or other use of his/her Child’s name, his/her name, or either of their voices, statements about the Contest and/or photographs or other likenesses without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner whatsoever, including print, broadcast or the internet. If an eligible winner: (a) fails to return the properly executed Contest documents within the specified time; (b) cannot accept (or is unwilling to accept) the Prize (as awarded) for any reason; and/or (c) is determined to be in violation of these Rules (all as determined by the Sponsor in its sole and absolute discretion); then he/she may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit all rights to the Prize – including, without limitation, the opportunity to participate in the World Contest) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to select an alternate eligible entrant based on the next highest Score received in the applicable Category in accordance with these Rules to be the eligible winner of a Prize in that Category (in which case the foregoing provisions of this section shall apply to such new eligible winner). 10.
GENERAL CONDITIONS:
All Entry materials submitted become the property of the Sponsor. This Contest is subject to all applicable federal, provincial and municipal laws. The decisions of the Sponsor with respect to all aspects of this Contest are final and binding on all entrants without right of appeal, including, without limitation, any decisions regarding the eligibility/disqualification of Entries and/or entrants. By participating in this Contest, you are agreeing to be legally bound by the terms and conditions of these Rules. ANYONE DETERMINED TO BE IN VIOLATION OF THESE RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE SPONSOR AT ANY TIME. The Released Parties will not be liable for: (i) any failure of the Website during the Contest; (ii) any technical malfunction or other problems relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any Entry or other materials to be available, received, captured or recorded for any reason; (iv) any injury or damage to an entrant’s or any other person’s computer or other device related to or resulting from participating in the Contest; and/or (v) any combination of the above. The Sponsor reserves the right, subject only to the approval of the Régie des alcools, des courses et des jeux (the “Régie”) in Quebec, to withdraw, amend or suspend this Contest (or to amend these Rules) in any way, in the event of an error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Contest as contemplated by these Rules. Any attempt to deliberately damage any website or to undermine the legitimate operation of this Contest in any way (as determined by Sponsor in its sole and absolute discretion) is a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law. The Sponsor reserves the right, with the consent of the Régie, to cancel, amend or suspend this Contest, or to amend these Rules, in any way without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason whatsoever. For Quebec residents: Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the board only for the purpose of helping the parties reach a settlement. By entering this Contest, each entrant expressly consents to the Sponsor, its agents and/or representatives, storing, sharing and using any and all personal information submitted with his/her Entry only for the purpose of administering the Contest and in accordance with Sponsor’s privacy policy (available at: http://www.toyota.ca/toyota/en/privacy/toyota), unless the entrant otherwise agrees. The Sponsor reserves the right, subject only to the approval of the Régie in Quebec, and without prior notice, to adjust any of the dates and/or timeframes stipulated in these Rules, to the extent necessary, for purposes of verifying
6 compliance by any entrant or Entry with these Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Rules, or for any other reason. In the event of any discrepancy or inconsistency between the terms and conditions of these English Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to: the Entry Form, Website, French Rules and/or point of sale, television, print or online advertising; the terms and conditions of these English Rules shall prevail, govern and control to the fullest extent permitted by law.
WORLD CONTEST: Toyota Motor Corporation (“TMC”) is hosting a worldwide competition (the “World Contest”) whereby the confirmed winners from select countries around the world (including the nine (9) confirmed winners from the Contest in Canada) will have their Designs judged against each other on a per-Category basis in a similar manner as outlined in these Rules. The Score from this Contest will not carry forward to the World Contest and will be re-set to zero. While the nine (9) confirmed winning Entries from Canadian will be entered into the World Contest, it is possible that no Canadian winner or winners will be named in the World Contest. IMPORTANT NOTE: THE WORLD CONTEST IS BEING SPONSORED, ADMINISTERED AND FULFILLED BY TMC IN ITS SOLE AND ABSOLUTE DISCRETION. TOYOTA CANADA INC. HAS NO INVOLVEMENT WHATSOEVER IN THE SPONSORSHIP, ADMINISTRATION AND/OR FULFILLMENT OF THE WORLD CONTEST. TOYOTA CANADA INC. HEREBY DISCLAIMS ANY AND ALL LIABILITY IN RELATION TO THE WORLD CONTEST TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. The World Contest is scheduled to begin on March 20, 2017 in Japan. In the World Contest, there will be a total of 30 prizes (each, a “World Prize” and collectively, the “World Prizes”) available to be won: (three (3) Gold World Prizes - one (1) for each Category, six (6) Silver World Prizes - two (2) for each Category, nine (9) Bronze World Prizes – three (3) for each Category , twelve (12) Best Finalists World Prizes – four (4) for each Category, each consisting of a trip for three (2) (the Child and both his/her parents/legal guardians) to Japan, which includes: (i) round trip airfare (economy class) for three (3) to Japan from the airport nearest the winner's residence (as determined by TMC in its sole and absolute discretion); accommodation for three (3) (triple occupancy) in a hotel determined by TMC in its sole and absolute discretion; and certain transportation while in Japan; collectively with an approximate retail prize value of 900,000 JPY, although the actual retail value may vary depending on the point of departure. No difference between the actual and approximate retail values will be awarded. Choice of flights, airline(s), hotel accommodations (including, without limitation, room size and occupancy) are at the sole and absolute discretion of TMC. Without limiting the generality of the foregoing or any other terms and conditions imposed by TMC on a World Prize, the following general conditions apply to each World Prize that is won by a resident of Canada: (i) World Prize must be accepted as awarded and is not transferable, assignable and/or or convertible to cash (except as may be specifically permitted by TMC in its sole and absolute discretion); (ii) no substitutions except at TMC’s option; (iii) all travel related to a World Prize must occur within or before the dates specified by TMC (otherwise the World Prize may, in the sole and absolute discretion of the Sponsor, be forfeited in its entireity and, if forfeited, nothing will be substituted in its place); (iv) all participants must: (a) travel on same itinerary; (b) have all necessary documentation to permit international travel (e.g. passport, visa); and (c) not have any barrier to entry into Japan (or any country through which travel is required to reach or return from Japan) or re-entry into Canada; (v) the costs of everything not specifically stated above as included in the World Prize are the sole and absolute responsibility of each traveller; (vi) if a traveller does not utilize any part(s) of the World Prize, then any such part(s) not utilized may, in the sole and absolute discretion of TMC, be forfeited in their entirety and, if forfeited, nothing will be substituted in their place; (vii) TMC reserves the right at any time to: (a) place reasonable restrictions on the availability or use of the World Prize or any component thereof; and (b) substitute the World Prize or a component thereof for any reason with a prize or prize component(s) of equal or greater value, including, without limitation, but solely at TMC’s sole discretion, a cash award; (viii) all travel arrangements relating to the World Prize must be made through TMC or its designated agents; (ix) by accepting the World Prize, the winner agrees to waive all recourse against the Released Parties if the World Prize or a component thereof does not prove satisfactory, either in
7 whole or in part; and (x) the winner’s travel companion must be his/her Child who created the Design associated with the selected Entry.
If there is an eligible Canadian winner in the World Contest, then TMC or its designated representative will attempt to contact any such eligible winner (using the information provided on the Entry Form). If an eligible winner cannot be contacted within a commercially reasonable period of time, or if there is a return of any notification as undeliverable; then he/she may, in the sole and absolute discretion of TMC, be disqualified (and, if disqualified, will forfeit all rights to the World Prize) and TMC reserves the right, in its sole and absolute discretion and time permitting, to select an alternate eligible entrant in accordance with the established procedures for the World Contest. BEFORE BEING DECLARED A CONFIRMED PRIZE WINNER, any eligible winner in the World Contest who is a resident of Canada will be required to sign and return TMC’s declaration and release form. If an eligible winner in the World Contest who is a resident of Canada: (a) fails to return the properly executed Contest documents within the specified time; (b) cannot accept (or is unwilling to accept) the World Prize (as awarded) for any reason; and/or (c) is determined to be in violation of any rules relating to the World Contest (all as determined by TMC in its sole and absolute discretion); then he/she may, in the sole and absolute discretion of TMC, be disqualified (and, if disqualified, will forfeit all rights to the World Prize) and TMC reserves the right, in its sole and absolute discretion and time permitting, to select an alternate eligible entrant in accordance with the established procedures for the World Contest. For Quebec residents: Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the board only for the purpose of helping the parties reach a settlement. For more details regarding the World Contest visit: http://www.toyota-global.com/events/dream_car_art_contest/
CONTEST PERIOD:
The Toyota Dream Car Art Contest (the “Contest”) begins on October 3, 2016 at 9:00 a.m. Eastern Standard Time (“EST”) and ends on February 3, 2017 at 4:00:00 p.m. EST (the “Contest Period”). 2.
ELIGIBILITY TO ENTER:
Contest entry is open only to residents of Canada who: (i) have reached the legal age of majority in their province/territory of residence at the time of entry; and (ii) are the parent, legal guardian or authorized representative of a child (the “Child”) who is fifteen (15) years of age or under at the time of entry; except employees, representatives or agents (and those with whom such persons are domiciled, whether related or not) of Toyota Canada Inc. (the “Sponsor”), its parent company or companies, subsidiaries, affiliates, prize suppliers, advertising/promotion agencies, dealers and any other entity involved in the development, production, implementation, administration, judging or fulfillment of the Contest (collectively, the “Contest Parties”). 3.
HOW TO ENTER:
NO PURCHASE NECESSARY. To enter, go to www.toyota.ca/dreamcarartcontest (the “Website”) and follow the on-screen instructions to download and print: (i) the Official Contest Entry Form (the “Entry Form”); (ii) the Official Contest Questionnaire (the “Questionnaire”); and (iii) the Non-Exclusive License and Waiver of Moral Rights (the “License”). Once you have obtained access to all of the Contest documents, you will be required to complete the following five (5) steps: Step 1: Fully complete the Entry Form with all required information, which requires you to: (i) select the age category (each, a “Category” and collectively, the “Categories”) for your Child (based on his/her age at the time of entry) from the following options: (a) under 8 years old; (b) 8-11 years old; and (c) 12-15 years old; (ii) insert the title of your Child’s Design in the space provided (the “Title”); (iii) explain the concept of your Child’s Design in the space provided (the “Description”); (iv) enter the full name, age and gender (optional) of your Child in the space provided; (v) enter your full name; complete mailing address (including postal code), valid email address and telephone number in the space provided; and (vi) signify your agreement that you have read and agree to be legally bound by the terms and conditions of these Official Rules and Regulations (the “Rules”). Step 2: Fully complete the Questionnaire with all required information, which requires you to indicate: (i) how you learned about the Contest; (ii) the reasons for your Child’s participation in the Contest; (iii) if your perception of Toyota has changed after deciding to allow your Child to participate in the Contest; (iv) if you would let your Child participate again if there were to be a similar contest or promotion in the future; (v) your Child’s Category (as defined above); (vi) your Child’s gender (optional); and (vii) what, if any, brand of vehicle you currently own. Step 3: Fully complete the License with all required information, which once completed will signify that you agree (on behalf of your Child and on your own behalf) to: (i) grant, in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use your Child’s Design, in whole or in part, for advertising or promoting the Contest or for any other reason without further notice or compensation; and (ii) waive all moral rights that you and your Child may have therein in favour of the Sponsor.
2 Step 4: Your Child must create an artistic drawing, painting or other non-digital representation on paper (the “Design”) depicting what he/she feels is their “Dream Car” (the “Theme”). FOR THE AVOIDANCE OF DOUBT, THE DESIGN MUST BE CREATED BY YOUR CHILD. To be eligible, your Child’s Design must depict the Theme and must be in accordance with the specific Submission Requirements listed below in Rule 5 (all as determined by Sponsor or its designated content reviewer(s) in its or their sole and absolute discretion). Step 5: Once you and your Child (as applicable) have completed all of the steps as outlined above, you must mail (in an envelope with sufficient postage) the completed Entry Form, Questionnaire, License and Design (collectively, the “Entry”) to the Administration Office of the Toyota Dream Car Art Contest at: Toyota Dream Car Art Contest, 1 Toyota Place, Toronto, ON, M1H 1H9. To be eligible, your Entry (including all individual components thereof) must: (i) be received in a separate envelope bearing sufficient postage; and (ii) be post-marked during the Contest Period and received by no later than February 3, 2017 at 4:00:00 p.m. EST. The Released Parties (defined below) take no responsibility for any lost, stolen, delayed, illegible, damaged, misdirected, late or destroyed Entries (all of which are void). 4.
ENTRY LIMIT AND SPONSOR’S RIGHT TO VERIFY:
There is a limit of one (1) Entry per person, per Child permitted during the Contest Period. This means that the same eligible entrant can submit one (1) Entry for each Child of which he/she is the parent, legal guardian or authorized representative – provided: (i) each such Child meets the eligibility requirements noted above in Rule 2; and (ii) the Entry in relation to each Child is unique and original (i.e. you cannot submit the same Design for each Child). If it is discovered by the Sponsor (using any evidence or other information made available to or otherwise discovered by the Sponsor) that any person has attempted to: (i) obtain or submit more than one (1) Entry per person, per Child during the Contest Period; and/or (ii) use (or attempt to use) multiple names, identities, email addresses and/or any automated, macro, script, robotic or other system(s) or program(s) to enter or otherwise participate in or disrupt this Contest; then he/she may be disqualified from the Contest in the sole and absolute discretion of the Sponsor. Any Entry you attempt to submit may be rejected if (in the sole and absolute discretion of the Sponsor): (i) the Entry Form, Questionnaire, License and/or Design is not fully completed and submitted during the Contest Period in accordance with these Rules; and/or (ii) the Sponsor determines, in its sole and absolute discretion, that your Child’s Design is not in accordance with these Rules, including, but not limited to, the specific Submission Requirements listed below in Rule 5. All Entries are subject to verification at any time and for any reason. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification): (i) for the purposes of verifying an individual’s eligibility (including, without limitation, the eligibility of an entrant’s Child) to participate in this Contest; (ii) for the purposes of verifying the eligibility and/or legitimacy of any Entry entered (or purportedly entered) for the purposes of this Contest; and/or (iii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Contest in accordance with these Rules. Failure to provide such proof to the complete satisfaction of the Sponsor in a timely manner may result in disqualification in the sole and absolute discretion of the Sponsor. The sole determinant of the time for the purposes of a valid Entry in this Contest will be the Sponsor’s Official Clock(s). 5.
SUBMISSION REQUIREMENTS:
BY SUBMITTING AN ENTRY, YOU AGREE THAT THE ENTRY (AND EACH INDIVIDUAL COMPONENT THEREOF) COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES. THE RELEASED PARTIES (DEFINED BELOW) WILL BEAR NO LIABILITY REGARDING THE USE OF YOUR ENTRY OR ANY COMPONENT THEREOF. THE RELEASED PARTIES (DEFINED BELOW) SHALL BE HELD HARMLESS BY YOU IN THE EVENT IT IS SUBSEQUENTLY DISCOVERED THAT YOU HAVE DEPARTED FROM OR NOT FULLY COMPLIED WITH ANY OF THESE RULES.
3 Your Child’s Design must never have been previously selected as a winner in any other contest. To be eligible for entry in this Contest, your Child’s Design must meet the following specific requirements:
The Design must be drawn and submitted on paper measuring 8.5 to 12 inches (215 mm to 300 mm) by 11 to 18 inches (280 mm to 450 mm). These measurements correspond to either A4 to A3 size, or letter to tabloid size.
The Design must be a hand-drawn, coloured illustration with a background and must not be created, altered or otherwise enhanced in a digital manner. Any non-digital artistic medium (any paint including water paint, colour markers, crayons, etc.) may be used by your Child to create his/her Design.
By participating in the Contest, each entrant hereby warrants and represents (on behalf of his/her Child and on his/her own behalf) that the Title, Description and his/her Child’s Design: i.
is original to the Child and that all necessary rights in and to the Entry (and all individual components thereof) have been obtained for the purposes of entering the Contest;
ii.
does not violate any law, statute, ordinance or regulation;
iii.
does not contain any reference to or likeness of any identifiable third parties;
iv.
will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party, or give rise to any claims whatsoever; and
v.
is not defamatory, trade libelous, pornographic or obscene, and further that it will not contain, depict, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups (including, without limitation, any competitors of Sponsor); content that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct; personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services other than products of Sponsor; any identifiable third party products, trade-marks, brands and/or logos, other than those of Sponsor; conduct or other activities in violation of these Rules; and/or any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor in its sole and absolute discretion.
The Sponsor and/or its promotional agency or designated content moderator (the “Reviewer”) will initially screen every Entry. Any Entry (or a component thereof) that the Reviewer deems, in its sole and absolute discretion, to violate the terms and conditions set forth in these Rules is subject to disqualification. The Reviewer reserves the right, in its sole and absolute discretion at any time, to modify, edit or remove any Entry (or any component thereof), or to request an entrant to modify, edit and/or re-submit his or her Entry (or a component thereof), in order to ensure that the Entry (or any component thereof) complies with these Rules, or for any other reason. 6.
RELEASE OF LIABILITY:
By entering the Contest and submitting an Entry, each entrant (on behalf of his/her Child and on his/her own behalf) hereby agrees to release and hold harmless the Contest Parties and each of their respective agents, employees, directors, successors, and assigns (collectively, the “Released Parties”) from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action or other action that relates in any way to the Entry (or any component thereof).
4
7.
THE PRIZES AND APPROXIMATE RETAIL VALUES:
The Prizes available to be won will consist of the following (each, a “Prize” and collectively, the “Prizes”) (i) one (1) 3Doodler Create 3D printing pen for each of the top three (3) eligible winners in each of the three (3) age categories; (approximate retail prize value: $130CAD each), for a total of nine (9) 3Doodler Create 3D printing pens; and (ii) the opportunity for your Entry to automatically be considered in the World Contest (defined below) being hosted by Toyota Motor Corporation, for each of the top three (3) eligible winners in each of the three (3) age categories, for a total of nine (9) prizes;. Each Prize must be accepted as awarded and is not transferable, assignable or convertible to cash (except as may be specifically permitted by Sponsor in its sole and absolute discretion). No substitutions except at Sponsor’s option. Sponsor reserves the right, in its sole and absolute discretion, to substitute any Prize or a component thereof with a prize of equal or greater value, including, without limitation, but at Sponsor’s sole and absolute discretion, a cash award. 8.
WINNER SELECTION PROCEDURE (3 WINNERS PER CATEGORY):
A panel of judges (the “Contest Judges”) appointed by the Sponsor will judge each eligible Entry on the basis of the following equally weighted criteria (the “Criteria”): Criteria 1. Expressiveness of Message 2. Uniqueness 3. Artistry
Weighting 1/3 1/3 1/3
Each eligible Entry will be given a score (the “Score”) by the Contest Judges (as determined by the Contest Judges, in their sole and absolute discretion). Entries will then be ranked according to Score on a per-Category basis. Odds of being selected as an eligible winner of a Prize therefore depend on the number and calibre of eligible Entries submitted in each Category during the Contest Period in accordance with these Rules. In each Category, the eligible entrants associated with the top three (3) eligible Entries based on total Score (as determined by the Contest Judges, in their sole and absolute discretion) will each be selected as an eligible winner of a Prize. For the avoidance of any doubt, there will be three (3) eligible winners in each Category (i.e. nine (9) eligible winners in total for this Contest). In the event of a tie between two or more eligible Entries based on Score within a Category, the eligible entrant associated with the eligible Entry – from amongst all such eligible Entries that are tied in that Category – with the highest score on Criteria 1 (and in the event of a further tie, Criteria 2 followed by Criteria 3) will be selected as the eligible winner of a Prize in the applicable Category. In the event of an exact tie within a Category based on criteria 1, 2 and 3, a new panel of judges will be appointed by the Sponsor to break the tie in accordance with the procedure outlined above. Judging is scheduled to be completed on or about March 3, 2017 (the “Selection Date”). 9.
WINNER NOTIFICATION AND CONFIRMATION PROCEDURE:
The Sponsor or its designated representative will make a minimum of three (3) attempts to contact each eligible winner (using the information provided on the Entry Form) within three (3) business days of the Selection Date. If an eligible winner cannot be contacted within three (3) business days of the Selection Date, or if there is a return of any notification as undeliverable; then he/she may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit all rights to the Prize – including, without limitation, the opportunity to participate in the World Contest) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to select an alternate eligible entrant based on the next highest Score received in the applicable Category in accordance with these Rules to be the eligible winner of a Prize in that Category (in which case the foregoing provisions of this section shall apply to such new eligible winner). BEFORE BEING DECLARED A CONFIRMED PRIZE WINNER, each selected entrant will be required to sign and return within three (3) business days of notification the Sponsor’s declaration and release form, which (among other things): (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the Prize (as awarded); (iii) releases the Released Parties from any and all liability in connection with this Contest, his/her participation therein,
5 his/her Child’s participation therein and/or the awarding and use/misuse of the Prize or any portion thereof; (iv) assigns all intellectual property, including copyright, in and to his/her Child’s Design; (v) agrees to indemnify the Released Parties against any and all claims, damages, liabilities, costs, and expenses arising from use of his/her Entry (or any component thereof) including, without limitation, any claim that his/her Entry (or an component thereof) infringes a proprietary interest of any third party; and (vi) agrees to the publication, reproduction and/or other use of his/her Child’s name, his/her name, or either of their voices, statements about the Contest and/or photographs or other likenesses without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner whatsoever, including print, broadcast or the internet. If an eligible winner: (a) fails to return the properly executed Contest documents within the specified time; (b) cannot accept (or is unwilling to accept) the Prize (as awarded) for any reason; and/or (c) is determined to be in violation of these Rules (all as determined by the Sponsor in its sole and absolute discretion); then he/she may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit all rights to the Prize – including, without limitation, the opportunity to participate in the World Contest) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to select an alternate eligible entrant based on the next highest Score received in the applicable Category in accordance with these Rules to be the eligible winner of a Prize in that Category (in which case the foregoing provisions of this section shall apply to such new eligible winner). 10.
GENERAL CONDITIONS:
All Entry materials submitted become the property of the Sponsor. This Contest is subject to all applicable federal, provincial and municipal laws. The decisions of the Sponsor with respect to all aspects of this Contest are final and binding on all entrants without right of appeal, including, without limitation, any decisions regarding the eligibility/disqualification of Entries and/or entrants. By participating in this Contest, you are agreeing to be legally bound by the terms and conditions of these Rules. ANYONE DETERMINED TO BE IN VIOLATION OF THESE RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE SPONSOR AT ANY TIME. The Released Parties will not be liable for: (i) any failure of the Website during the Contest; (ii) any technical malfunction or other problems relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any Entry or other materials to be available, received, captured or recorded for any reason; (iv) any injury or damage to an entrant’s or any other person’s computer or other device related to or resulting from participating in the Contest; and/or (v) any combination of the above. The Sponsor reserves the right, subject only to the approval of the Régie des alcools, des courses et des jeux (the “Régie”) in Quebec, to withdraw, amend or suspend this Contest (or to amend these Rules) in any way, in the event of an error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Contest as contemplated by these Rules. Any attempt to deliberately damage any website or to undermine the legitimate operation of this Contest in any way (as determined by Sponsor in its sole and absolute discretion) is a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law. The Sponsor reserves the right, with the consent of the Régie, to cancel, amend or suspend this Contest, or to amend these Rules, in any way without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason whatsoever. For Quebec residents: Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the board only for the purpose of helping the parties reach a settlement. By entering this Contest, each entrant expressly consents to the Sponsor, its agents and/or representatives, storing, sharing and using any and all personal information submitted with his/her Entry only for the purpose of administering the Contest and in accordance with Sponsor’s privacy policy (available at: http://www.toyota.ca/toyota/en/privacy/toyota), unless the entrant otherwise agrees. The Sponsor reserves the right, subject only to the approval of the Régie in Quebec, and without prior notice, to adjust any of the dates and/or timeframes stipulated in these Rules, to the extent necessary, for purposes of verifying
6 compliance by any entrant or Entry with these Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Rules, or for any other reason. In the event of any discrepancy or inconsistency between the terms and conditions of these English Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to: the Entry Form, Website, French Rules and/or point of sale, television, print or online advertising; the terms and conditions of these English Rules shall prevail, govern and control to the fullest extent permitted by law.
WORLD CONTEST: Toyota Motor Corporation (“TMC”) is hosting a worldwide competition (the “World Contest”) whereby the confirmed winners from select countries around the world (including the nine (9) confirmed winners from the Contest in Canada) will have their Designs judged against each other on a per-Category basis in a similar manner as outlined in these Rules. The Score from this Contest will not carry forward to the World Contest and will be re-set to zero. While the nine (9) confirmed winning Entries from Canadian will be entered into the World Contest, it is possible that no Canadian winner or winners will be named in the World Contest. IMPORTANT NOTE: THE WORLD CONTEST IS BEING SPONSORED, ADMINISTERED AND FULFILLED BY TMC IN ITS SOLE AND ABSOLUTE DISCRETION. TOYOTA CANADA INC. HAS NO INVOLVEMENT WHATSOEVER IN THE SPONSORSHIP, ADMINISTRATION AND/OR FULFILLMENT OF THE WORLD CONTEST. TOYOTA CANADA INC. HEREBY DISCLAIMS ANY AND ALL LIABILITY IN RELATION TO THE WORLD CONTEST TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. The World Contest is scheduled to begin on March 20, 2017 in Japan. In the World Contest, there will be a total of 30 prizes (each, a “World Prize” and collectively, the “World Prizes”) available to be won: (three (3) Gold World Prizes - one (1) for each Category, six (6) Silver World Prizes - two (2) for each Category, nine (9) Bronze World Prizes – three (3) for each Category , twelve (12) Best Finalists World Prizes – four (4) for each Category, each consisting of a trip for three (2) (the Child and both his/her parents/legal guardians) to Japan, which includes: (i) round trip airfare (economy class) for three (3) to Japan from the airport nearest the winner's residence (as determined by TMC in its sole and absolute discretion); accommodation for three (3) (triple occupancy) in a hotel determined by TMC in its sole and absolute discretion; and certain transportation while in Japan; collectively with an approximate retail prize value of 900,000 JPY, although the actual retail value may vary depending on the point of departure. No difference between the actual and approximate retail values will be awarded. Choice of flights, airline(s), hotel accommodations (including, without limitation, room size and occupancy) are at the sole and absolute discretion of TMC. Without limiting the generality of the foregoing or any other terms and conditions imposed by TMC on a World Prize, the following general conditions apply to each World Prize that is won by a resident of Canada: (i) World Prize must be accepted as awarded and is not transferable, assignable and/or or convertible to cash (except as may be specifically permitted by TMC in its sole and absolute discretion); (ii) no substitutions except at TMC’s option; (iii) all travel related to a World Prize must occur within or before the dates specified by TMC (otherwise the World Prize may, in the sole and absolute discretion of the Sponsor, be forfeited in its entireity and, if forfeited, nothing will be substituted in its place); (iv) all participants must: (a) travel on same itinerary; (b) have all necessary documentation to permit international travel (e.g. passport, visa); and (c) not have any barrier to entry into Japan (or any country through which travel is required to reach or return from Japan) or re-entry into Canada; (v) the costs of everything not specifically stated above as included in the World Prize are the sole and absolute responsibility of each traveller; (vi) if a traveller does not utilize any part(s) of the World Prize, then any such part(s) not utilized may, in the sole and absolute discretion of TMC, be forfeited in their entirety and, if forfeited, nothing will be substituted in their place; (vii) TMC reserves the right at any time to: (a) place reasonable restrictions on the availability or use of the World Prize or any component thereof; and (b) substitute the World Prize or a component thereof for any reason with a prize or prize component(s) of equal or greater value, including, without limitation, but solely at TMC’s sole discretion, a cash award; (viii) all travel arrangements relating to the World Prize must be made through TMC or its designated agents; (ix) by accepting the World Prize, the winner agrees to waive all recourse against the Released Parties if the World Prize or a component thereof does not prove satisfactory, either in
7 whole or in part; and (x) the winner’s travel companion must be his/her Child who created the Design associated with the selected Entry.
If there is an eligible Canadian winner in the World Contest, then TMC or its designated representative will attempt to contact any such eligible winner (using the information provided on the Entry Form). If an eligible winner cannot be contacted within a commercially reasonable period of time, or if there is a return of any notification as undeliverable; then he/she may, in the sole and absolute discretion of TMC, be disqualified (and, if disqualified, will forfeit all rights to the World Prize) and TMC reserves the right, in its sole and absolute discretion and time permitting, to select an alternate eligible entrant in accordance with the established procedures for the World Contest. BEFORE BEING DECLARED A CONFIRMED PRIZE WINNER, any eligible winner in the World Contest who is a resident of Canada will be required to sign and return TMC’s declaration and release form. If an eligible winner in the World Contest who is a resident of Canada: (a) fails to return the properly executed Contest documents within the specified time; (b) cannot accept (or is unwilling to accept) the World Prize (as awarded) for any reason; and/or (c) is determined to be in violation of any rules relating to the World Contest (all as determined by TMC in its sole and absolute discretion); then he/she may, in the sole and absolute discretion of TMC, be disqualified (and, if disqualified, will forfeit all rights to the World Prize) and TMC reserves the right, in its sole and absolute discretion and time permitting, to select an alternate eligible entrant in accordance with the established procedures for the World Contest. For Quebec residents: Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the board only for the purpose of helping the parties reach a settlement. For more details regarding the World Contest visit: http://www.toyota-global.com/events/dream_car_art_contest/
