Toyota Hall of Fame
Legends of Fantasy Football
Participation Terms & Conditions
THIS PROGRAM IS INTENDED FOR PARTICIPATION IN THE FIFTY (50) UNITED STATES AND DISTRICT OF COLUMBIA ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT SUBMIT AN APPLICATION IF YOU ARE NOT LOCATED IN THE UNITED STATES. Further eligibility restrictions are contained in the Terms & Conditions below. Participant is providing information to Toyota Motor Sales, U.S.A., Inc.
The Promotion will operate as follows:
2. ELIGIBILITY: Participants must meet the following eligibility criteria:
Participants who are employed by a local auto dealer group of Sponsor ARE eligible to participate; however, the Application must not include mention or disclosure of any such affiliation and no preferential treatment will be given to such Participants. Corporate employees of Sponsor, Administrator, Media Host, Sponsor's advertising agencies, judges and any person or company working directly on the Promotion, together with the immediate family members and/or those living in the same household of such persons (collectively, "Household Members"), are not eligible to participate in the Promotion. For purposes of the Promotion, "Household Members" shall mean those people who share the same residence at least three months a year; "Immediate Family Members" shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses. Promotion void where prohibited
3. NOMINATION PHASE: Participant must visit http://football.fantasysports.yahoo.com/f1/halloffame, affirmatively accept these Terms & Conditions in full and complete the online Application according to the on-screen instructions. Participant must provide all requested information, including name, Yahoo! email address, primary email address and daytime phone number, on the "resume" section of the Application. The Application must truthfully and accurately represent his/her individual Yahoo! Fantasy Football record; other league standings will not be considered. Participant will have the opportunity to "make a case" for induction into the Toyota Hall of Fame by entering a text submission not to exceed 2,000 characters. Promotion Entities reserve the right to verify information included in the Application. The information included in the Application will remain private during the Application Review, Evaluation and Judging Phase and will only be public-facing if the Participant is confirmed as a Finalist and progresses to the Voting Phase. Photo upload is not required to submit an Application; however, if Participant is selected as a Finalist a photo and video of the Finalist's unobstructed face (collectively, "Creative Assets") will be required for use during the Voting Phase. Applications and Creative Assets, if applicable, must be in compliance with the Submission Requirements and Content Restrictions, as detailed below. Application must be submitted by Tuesday, October 15, 2013 at 11:59:59 p.m. PT. Proof of submission does not constitute proof of receipt of submission. Participants must provide all information requested to be eligible to proceed in the Promotion. An Application cannot be edited once it has been completed. Limit one (1) Application per person.
The Application must meet the following requirements:
Applications and Creative Assetsthat violate any of these requirements may be deemed ineligible and may be void at the Promotion Entities' sole discretion. Promotion Entities reserve the right to disqualify, in their sole and absolute discretion, any Applications and Creative Assets deemed inappropriate or that do not comply with the Terms & Conditions. Incomplete or unintelligible entries will be disqualified. Promotion Entities reserve the right to request that a Participant edit any content that may unintentionally violate the Submission Requirements. Promotion Entities will determine in their sole discretion which entries have satisfied the Submission Requirements. ELIGIBLE PARTICIPANTS MUST SUBMIT IN ACCORDANCE WITH THESE TERMS & CONDITIONS. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED. Promotion Entities reserve the right, in their sole discretion, to move, change or Page | 4 Creative Zing Promotion Group | 189 S. Orange Avenue, Suite 1130a, Orlando, FL 32801 | 407.514.0044 extend deadlines, dates, or the number of Finalists that will be selected to proceed to the Voting Phase for any reason, in their sole discretion. Such changes, if applicable, will be posted on the Website and, if applicable, existing Participants may be notified.
4. APPLICATION REVIEW, EVALUATION & JUDGING: Applications will initially be evaluated by the Administrator based on the best overall stats including, but not limited to: 1.) number of times the Participant has gone undefeated in their Yahoo! Fantasy Football league; 2.) number of times the Participant has won their Yahoo! Fantasy Football league; 3.) number of seasons Participant has played in their Yahoo! Fantasy Football league; and 4.) number of Yahoo! Fantasy Football leagues the Participant has played concurrently. Based on the Participant's quantifiable stats, a panel of representatives selected by Sponsor ("Judging Panel") will judge the top 50 Applications in accordance with the following criteria to select the ten (10) Potential Finalists to progress to the Voting Phase:
1. Number of Yahoo! Fantasy Football Undefeated Seasons = 25%
2. Number of Yahoo! Fantasy Football League Wins = 15%
3. Overall Yahoo! Fantasy Football stats(seasons played/leagues played) = 10%
4. Appeal of written case for consideration as an inductee = 50%
In the event of a tie during either judging or voting, the Judging Panel will reevaluate the tied Applications based on the aforementioned criteria to determine the potential Finalist or potential Inductee, in their sole discretion.
5. POTENTIAL FINALIST NOTIFICATION: Up to ten (10) potential Finalists, as determined by the Judges, will be notified by email and/or telephone on or about Thursday, October 31, 2013. Potential Finalists will be required to respond (as directed) to the notification attempt. Within four(4) days of notification, potential Finalists will be required to execute, notarize, and return an Affidavit of Eligibility, a Liability Release, and, unless prohibited by law, a Publicity Release and other related documents required by the Promotion Entities(collectively, the "Finalist Documents"). The failure to respond and/or return Finalist Documents in accordance with the stated deadlines may result in forfeiture of participation in the Promotion and, in such case, Promotion Entities may select an alternate Finalist according to the judging results. Each Finalist may be required to consent to a background check, at the sole discretion of the Promotion Entities. If requested, each Finalist agrees to sign waiver forms authorizing the release of personal and background information. Potential Finalists are bound to confidentiality and are NOT permitted to publicly announce their status as a Potential Finalist (via social or traditional media) until Finalists have been publicly announced by the Promotion Entities. Each Finalist may be required to provide Creative Assets, as requested by the Promotion Entities, to accompany the Application during the Voting Phase; the specific guidelines and criteria for such Creative Assets, if applicable, will be communicated directly to the Finalists. Finalist must provide three (3) reference photos of his/her unobstructed face (one (1) front, one (1) right profile and one (1) left profile) taken against a white background. Such reference photos will be used to create digital bust if such Finalist is confirmed as an Inductee.
6. VOTING PHASE: COMPLETE VOTING RULES AND RESTRICTIONS WILL BE POSTED ON THE WEBSITE PRIOR TO THE COMMENCEMENT OF VOTING. It is currently contemplated that on or about Tuesday, November 19, 2013 through Tuesday, December 3, 2013 at 11:59:59 p.m. PT, up to ten (10) Finalists will be featured on the Website for public voting to determine up to five (5) inductees into the Toyota Hall of Fame (the "Inductees").
7. INDUCTEE NOTIFICATION: Each of the five (5) potential Inductees, as determined by the voting and/or judges (in the event of a tie), will be notified by telephone, email and/or overnight mail on or about Wednesday, December 4, 2013. Potential Inductees will be required to respond (as directed) Page | 5 Creative Zing Promotion Group | 189 S. Orange Avenue, Suite 1130a, Orlando, FL 32801 | 407.514.0044 to the notification attempt. Within three (3) days of notification, potential Inductees will be required to sign and return an "Acceptance Form" and other applicable releases, as determined by the Promotion Entities. The failure to respond and/or return the Acceptance Form in accordance with the stated deadlines may result in forfeiture of participation in the Promotion and, in such case, Promotion Entities may select alternates according to the Voting Phase results. Inductees are bound to confidentiality and are NOT permitted to publicly announce their status as an Inductee (via social or traditional media) until it has been publicly announced by the Promotion Entities. Awards will not be granted until all such properly executed forms are returned.
8. AWARDS: Each Inductee will be deemed a "Legend of Fantasy Football" and will be inducted into the Toyota Fantasy Football Hall of Fame, a digital Hall of Fame located at http://www.toyotahalloffame.com. Inductees will be commemorated in the Hall of Fame with an image, bio and digital "bust" in their likeness and receive one (1) custom Legends of Fantasy Football jacket. Approximate Retail Value ("ARV") of jacket: $100.
Award is non-transferrable. Although it is currently contemplated that the Fantasy Football Hall of Fame will remain active for the foreseeable future, Sponsor reserves the right to terminate the program and associated Fantasy Football Hall of Fame at any time for any reason, in its sole discretion. Induction into the Fantasy Football Hall of Fame has no associated cash value. Jacket will be fulfilled within approximately six (6) months of the induction. In the event that jackets are unavailable for any reason, Sponsor reserves the right to substitute a prize of equal or greater value, at their sole discretion. Other restrictions may apply. Inductee may be requested to participate in future activities, press events or promotions. Specifics of such activities, events and/or promotions, if applicable, will be communicated directly to the Inductee at such time. Any costs associated with such activities will be the responsibility of the Promotion Entities.
9. REPRESENTATIONS AND WARRANTIES: Each Participant represents and warrants as follows: (i) Participant has the right to use the Creative Assets and other Materials(as defined below) as part of the Promotion (ii) the Application truthfully and accurately represents the Participant's individual Yahoo! Fantasy Football history; (iii) the Submission does not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity; (iv) Participant has obtained permission to submit the names, images, and likenesses of anyone referenced on the Application, and (v) the Application does not and will not violate any applicable laws, and is not and will not be defamatory or libelous.
10. MATERIALS/RIGHTS IN SUBMISSIONS/PUBLICITY RIGHTS: In consideration of an Application being reviewed and evaluated for this Promotion, each Participant hereby grants to the Sponsor and its designees the irrevocable, royalty-free right to use, copy, transmit, distribute, adapt, modify, delete, display or make derivative works from the submitted Application in any way so long as the Promotion Entities do so solely for purposes of Promotion administration, judging and fulfillment. In consideration of Participant being confirmed as a Finalist or Inductee, such Finalist/Inductee grants to the Sponsor and its designeesthe exclusive, irrevocable, fully paid, universal license to use, copy, edit, sublicense, transmit, distribute, publicly perform, publish, delete or display such Application, or any portion thereof, including to the extent applicable (a) any information, biographical data, and Material submitted by Finalist/Inductee in connection with the Promotion; and (b) all video, audio, photographs, text, graphics, statements, any other creative assets, and quotations, including the Creative Assets of or by Finalist/Inductee and furnished by Finalist/Inductee as part of this Promotion (the "Materials") included in and/or submitted by Finalist/Inductee in connection with the Promotion, in any media now known or hereafter devised including, but not limited to all forms of electronic media, print media and all forms of internet and wireless protocol. Each Finalist/Inductee understands that his or her name and Materials may be posted on the Website in connection with the Promotion. Finalist/Inductee agrees that the Sponsor and its designees have no obligation to post Page | 6 Creative Zing Promotion Group | 189 S. Orange Avenue, Suite 1130a, Orlando, FL 32801 | 407.514.0044 the Application or any Material on the Website. Each Finalist/Inductee authorizes the Sponsor and its designees to utilize, for eternity and in any manner they see fit, the Application and Materialsfor the purpose of advertising, trade, or promotion without further compensation or consideration in any and all media now known or hereafter developed throughout the universe and to make derivative works from such Materials. Each Finalist/Inductee releases the Promotion Entities, and their assigns and licensees, from any and all claims or liability (now known or hereafter arising), including but not limited to any claims for defense and/or indemnity, in connection therewith. Each Participant agrees and acknowledges that participation in the Promotion, including, without limitation, the Participant's decision to provide an Application for purposes of the Promotion, shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, or other special relationship between the Promotion Entities and Participant, does not place the Promotion Entities in a position that is any different from the position held by members of the general public with regard to elements of the Participant's Application, and that the only contracts, express or implied, between the Sponsor and its designees and Participant is as set forth in these Terms & Conditions and any additional release forms. Except as required by law or permitted pursuant to these Terms & Conditions, the Sponsor will not share a Participant's Application information with any third parties except as necessary to administer, judge and fulfill the Promotion
11. RIGHTS OF PROMOTION ENTITIES: Media Host, Sponsor, and each of its designees shall have the right and discretion to delete, edit, refuse to air or transmit, or cease to air or transmit any Application whatsoever which it finds to be in violation of the provisions hereof, does not fully comply with all of Sponsor's requirements in connection with any and all legal clearance issues, or which it finds in its sole discretion to be otherwise objectionable for any reason. Promotion Entities also reserve the right to replace a winning Application with the Application of an alternate eligible Participant in accordance with these Terms & Conditionsif such Application and/or Participant is withdrawn from or removed from the Promotion for any reason, including without limitation, Participant's failure to have Finalist Documents and Acceptance Forms executed as directed by the Promotion Entities. The Promotion Entities and Media Host are not responsible for any Materials provided by Participants, which are deemed harmful or offensive to others, or for any harm incurred as a result of the Application creation. The Promotion Entities and Media Host make no warranties, express or implied, as to the content or the accuracy or reliability of any information or statements contained in the Application. All statements and opinions made by Participants are those of such Participants only, and the Promotion Entities and Media Host neither endorse nor shall be held responsible for the reliability or accuracy of same. Promotion Entities and Media Host are not responsible for the content or practices of third party websites that may be linked to or from the Website.
12. INDEMNITY: Participant shall indemnify, defend and hold harmless the Promotion Entities and Media Host and each of their respective parents, affiliates, divisions, subsidiaries, successors, assigns and licensees, and each of their respective employees, shareholders, officers, directors, contractors, advertising and promotion agencies, agents and representatives (collectively, the "Released Parties") from and against any and all liability, claims, loss, damage, injury or expense, including reasonable outside attorneys' fees, arising out of or in connection with any third party action arising out of or resulting from (i) Participant's participation in the Promotion, (ii) a breach or alleged breach of any of Participant's representations, warranties or obligations herein, and/or (iii) acceptance, possession, use or misuse of any Award, including without limitation, personal injury, death and property damage arising therefrom.
13. GENERAL TERMS AND CONDITIONS: By participating, each Participant agrees that the Released Parties are not responsible or liable for, and shall be released and held harmless from: (i) late, lost, delayed, damaged, incomplete, illegible, unintelligible, misdirected or otherwise undeliverable mail, postage-due notices, release forms, affidavits or other correspondence; (ii) telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of Page | 7 Creative Zing Promotion Group | 189 S. Orange Avenue, Suite 1130a, Orlando, FL 32801 | 407.514.0044 any kind; (iii) any condition caused by events beyond the control of the Promotion Entities that may cause the Promotion to be disrupted or corrupted; (iv) any printing, human, typographical or other errors or ambiguities in (or involving) any materials associated with the Promotion; (v) any and all losses, damages, rights, claims and action of any kind in connection with or resulting from participation in the Promotion; (vi) acceptance, possession, or use of any Award, including without limitation, personal injury, death and property damage arising there from; and (vii) claims based on publicity rights, defamation or invasion of privacy. Promotion Entitiesreserve the right, in their sole discretion, to adjust times and datesin Terms & Conditions at any time and/or to suspend or cancel the Promotion at any time for any reason, including, without limitation, if a computer virus, bug or other technical problem corrupts the administration, security, or proper conduct of the Promotion, strikes, lock-outs, acts of God, technical difficulties, and other events not within the reasonable control of Promotion Entities. If the Promotion is terminated before the designated end date, Promotion Entities will (if possible) select the Inducteesfrom all eligible, non-suspect Applications received as of the date of the event giving rise to the termination. Promotion Entities reserve the right, at their sole discretion, to prohibit any Participant from participating in the Promotion or to disqualify any individual they find to be tampering with the entry process or the operation of the Promotion; to be attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception, or any other unfair practices; to be acting in violation of these Terms & Conditions; or to be acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Promotion Entities may suspend or discontinue the Promotion if, in their sole opinion, there is any actual or suspected tampering of the Promotion, or any other malfunction, event or activity that may affect the integrity of the Promotion. PROMOTION ENTITIES SHALL NOT BE OBLIGATED TO AWARD ANY AWARD THAT RELATES TO OR ARISES OUT OF IMPROPER OR MISTAKEN AWARD NOTIFICATION, OPERATION OR FUNCTION OF THIS PROMOTION. The invalidity or unenforceability of any provision of these Terms & Conditionsshall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Terms & Conditionsshall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. BY ENTERING THE PROMOTION, PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY AWARD AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; AND 3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
14. GOVERNING LAW:
Any and all disputes, claims and causes of action arising out of, or connected
with, this Promotion, including without limitation, any alleged violation of these Participation Terms,
any controversy relating to the arbitrability of any dispute, or any claim that the Promotion, or any
part thereof, is invalid, illegal or otherwise voidable (or void), shall be resolved individually without
resort to any form of class action and exclusively by arbitration to be held solely in Los Angeles,
California under the auspices of the American Arbitration Association and pursuant to its Commercial
Dispute Resolution Rules and Procedures. Any and all claims, judgments, liabilities and/or awards
shall be limited to actual out-of-pocket costs incurred, including costs associated with your use of this
Website, or otherwise accessing this Website, but in no event attorneys' fees; and (c) under no
circumstances will Participants be permitted to obtain awards for, and Participants hereby waive, all
rights to claim, punitive, special, incidental and/or consequential damages and any other damages, Page | 8
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other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise
increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. Judgment
upon the arbitration award may be entered in any court having jurisdiction thereof. This arbitration
provision shall be deemed to be self-executing, and in the event that either party fails to appear at
any properly noticed arbitration proceeding, an award may be entered against such party
notwithstanding said failure to appear. In no event shall a Participantseek or be entitled to
rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of this Promotion.
All issues and questions concerning the construction, validity, interpretation and enforceability of this Promotion, or the rights and obligations of Participants and Promotion Entities, shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A., without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York
16. INDUCTEES/TERMS & CONDITIONS: To obtain a list of the Inductees or a copy of these Terms & Conditions, send your request along with a stamped, self-addressed envelope to "Legends of Fantasy Football Promotion" Inductees/Terms, 189 S. Orange Ave, Suite 1130A, Orlando, Florida 32801. Requests for the names of the Inductees must be received no later than December 31, 2013. Vermont residents may omit return postage.