Terms and Conditions
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:
- Nomination Period: Participants can self-nominate beginning Tuesday, August 2, 2016 at or about 2:00 p.m. Pacific Time (“PT”) and ending Thursday, October 13, 2016 at 11:59:59 p.m. PT (“Nomination Period”). During this time, Participants must complete the Application, as described in Section 3.
- Application Review, Evaluation & Judging: Concurrent with and following the Nomination Period, eligible Applications will be evaluated and judged according to the criteria in Section 4 by judges selected by the Sponsor. Based on initial review and evaluation of the Applications, the “Judges” (as that term is defined below) will select up to ten (10) “Finalists” to progress to the Voting Phase.
- Potential Finalist Notification: On or about Monday, October 24, 2016, the potential Finalists will be contacted to verify eligibility and obtain releases, according to Section 5.
- Voting Phase: It is currently contemplated that on or about Friday, November 11, 2016 at 12:01 p.m. PT, through Friday, December 9, 2016 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. COMPLETE VOTING RULES AND RESTRICTIONS WILL BE POSTED ON THE WEBSITE PRIOR TO THE COMMENCEMENT OF VOTING. Voting dates are subject to change; final voting dates will be posted on the Website.
- Inductee Announcement: Inductees will be announced on or about December 16, 2016.
2. ELIGIBILITY: Participants must meet the following eligibility criteria:
- Participant must be a registered user of Yahoo! Fantasy Sports who has actively participated in a Yahoo Fantasy Football league for at least three (3) total seasons and who has won their Yahoo Fantasy Football league at least one (1) time;
- Participant must self-nominate; no 3rd party nominations are permitted;
- Participant must be representing his/her individual Yahoo! Fantasy Sports league record; no co-managed leagues are permitted;
- Participant must be physically located and reside within the fifty (50) United States or the District of Columbia;
- Participant must be at least eighteen (18) years of age (or at least nineteen (19) if a resident of Nebraska or Alabama, or at least twenty-one (21) if a resident of Mississippi) at the time the Application is completed;
- Participant, if selected as a potential Finalist, must consent to a background check as a condition of eligibility and as a condition of being designated as an actual Finalist. Such background check may include (but is not limited to) investigation of criminal or other arrest or conviction record, and any other factor deemed relevant by Promotion Entities to help ensure that a Finalist’s participation in the Promotion will not, in Promotion Entities’ sole discretion, bring Promotion Entities into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Promotion Entities. If requested, each potential Finalist must agree to provide his/her Social Security Number and sign a release acknowledging the rights of the Promotion Entities to run such background check. Pending the results of the background check, the Promotion Entities reserve the right to disqualify the potential Finalist, in their sole discretion; and
- Participant must be the rightful owner (or have authorized use) of the e-mail address and registered Yahoo! Fantasy Sports account associated with the Application. In the event of a dispute as to the identity of a Participant, the Participant will be deemed to be the natural person in whose name the email or registered user account was opened.
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, to be eligible for consideration as a potential Finalist. 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. If a Participant is selected as a Finalist, a photo of the Finalist’s unobstructed face will be required for use during the Voting Phase. In addition, each Finalist will have the option, not obligation, to create a video for use during the Voting Phase (photo/video are collectively the “Creative Assets”). Applications and Creative Assets, if applicable, must be in compliance with the Submission Requirements and Content Restrictions, as detailed below. Applications must be submitted by Thursday, October 13, 2016 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:
- Information included in the Application must be an honest and accurate representation of the Participant’s individual Yahoo! Fantasy Football record;
- Text response must be completed in 2,000 characters or less;
- Submission must comply with these Terms & Conditions.
- Application & Creative Assets must not contain material that: 1) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (2) is bigoted, hateful, or racially or otherwise offensive; (3) is discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age); (4) is violent, self-mutilating, vulgar, obscene, pornographic or otherwise sexually explicit; (5) otherwise embarrasses or harms or can reasonably be expected to embarrass or harm any person or entity; (6) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including material that is, or represents an attempt to engage in, child pornography, murder, stalking, cruelty, abuse, sexual assault, fraud, weapons, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity; (7) is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations); (8) promotes, depicts or suggests alcohol, illegal drugs, tobacco, computer hacking, firearms or weapons (or the use of any of the foregoing), or any activities that may be construed as unsafe or dangerous, or promotes any particular political agenda or message, or (9) is derogatory to any Promotion Entities or Media Host.
- In general, Application and Creative Assets should not contain material that infringes or violates any right of a third party including: (1) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (2) right of privacy or publicity; or (3) any confidentiality obligation. For example, Application and Creative Assets should NOT contain reference to professional athletes, sport teams/logos, celebrities, names or logos of businesses, music or lyrics, or clips from television shows or movies. Content not meeting this criterion, if any, must be edited prior to a selected Finalist progressing to the Voting Phase. Failure to remove such content, if requested, may result in disqualification of such Finalist, at the sole discretion of the Promotion Entities.
- Application and Creative Assets must NOT include third parties/people, who have not expressly authorized Participant to feature their name, image, likeness or voice in the submission or otherwise use such name, image, likeness or voice in accordance with these Terms and Conditions. If applicable, selected Finalists will be required to verify such authorization in the form of a release. If a release cannot be provided, the Finalist may be requested to remove the 3rd parties from the Application and Creative Assets. Failure to remove the 3rd parties, if requested, may result in disqualification of such Finalist at the sole discretion of the Promotion Entities.
Applications and Creative Assets that 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 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 won their Yahoo! Fantasy Football league; 2.) number of times the Participant has gone undefeated in 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:
- Number of Yahoo! Fantasy Football League Wins = 25%
- Number of Yahoo! Fantasy Football Undefeated Seasons = 15%
- Overall Yahoo! Fantasy Football stats (seasons played/leagues played) = 10%
- 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 Participant(s) or Finalist(s) in accordance with the aforementioned criteria and the Application with the highest point score on “Appeal of written case for consideration as an inductee” 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 Monday, October 24, 2016. Potential Finalists will be required to respond (as directed) to the notification attempt. Within two (2) days of notification, potential Finalists will be required to execute, and return a Participation Agreement, 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. 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 the 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 Friday, November 11, 2016 through Friday, December 9, 2016 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 Monday, December 12, 2016. Potential Inductees will be required to respond (as directed) to the notification attempt. Within three (3) days of notification, potential Inductees will be required to sign and return a “Prize 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. Inductee’s travel companion (“Guest”) must be at least eighteen (18) years of age and the age of majority in his/her state of primary residence unless the Inductee is such Guest’s parent or legal guardian. Each Guest (or if such Guest is a minor, the parent or legal guardian) will be required to verify address and to execute a Travel Companion Release, as directed by the Administrator, prior to the travel departure date. Failure to return the executed Travel Companion Release within the specified time period may result in forfeiture of the Trip for the Guest. For tax reporting purposes, the Inductee must provide Promotion Entities with a valid social security number before any prize will be awarded. An IRS Form 1099 will be issued in the name of the Inductee for the actual value of the prize received. ALL FEDERAL, STATE AND LOCAL TAXES, AND ANY OTHER COSTS AND EXPENSES, ASSOCIATED WITH THE RECEIPT OR USE OF THE PRIZE ARE THE SOLE RESPONSIBILITY OF THE INDUCTEE.
8. AWARD/PRIZE: 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. In addition, each Inductee will receive one (1) custom Legends of Fantasy Football jacket and an invitation for the Inductee, plus one (1) Guest to visit the Toyota Hall of Fame exhibit, located at the Levi’s Stadium in Santa Clara, CA (the “Trip”). The Trip is currently contemplated to take place December 30, 2016 – January 2, 2017 and will consist of the following: (a.) Round-trip coach class airfare for the Inductee and Guest from a major airport with regularly scheduled commercial flights close to the Inductee’s permanent residence to an airport in the greater San Francisco area (or, in Promotion Entities’ sole discretion, $500 in lieu of air travel if Inductee lives within a 200 mile radius of Santa Clara, CA); (b.) Two (2) nights’ hotel accommodations for the Inductee and Guest at a hotel selected by the Promotion Entities (one room, double occupancy, room & tax only); (c.) Ground transportation between the airport/hotel in San Francisco and between the hotel/Levi’s Stadium (if applicable); (d.) $1,000 spending cash, awarded in the form of a check; (e.) opportunity for the Inductee and Guest to visit the Toyota Hall of Fame exhibit and attend the professional football game currently scheduled to take place on Sunday, January 1, 2017 (“Event”). Approximate Retail Value (“ARV”): $5,200.
Award/Prize 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.
TRAVEL IS CURRENTLY CONTEMPLATED TO TAKE PLACE DECEMBER 30, 2016 – JANUARY 2, 2017. Travel must take place on dates designated by Sponsor. The dates of departure and return are subject to change at Sponsor’s sole discretion. All prize details are at the sole discretion of the Sponsor. If the Inductee is unable to participate in the Trip during the dates chosen by Sponsor, the prize will be forfeited in its entirety. Sponsor reserves the right to change travel dates and to substitute any or all of portions of the prize for a prize of comparable or greater value should they become unavailable or if the Event listed in the prize description does not or cannot take place as scheduled or at all, for reasons included but not limited to scheduling conflicts, cancellations, postponement, or for any other reason. Actual value of prize will depend on point of departure, any airfare fluctuations and seasonal pricing; any difference will not be awarded. Inductee and his/her Guest must travel together on same itinerary for the Trip and are responsible for obtaining all necessary travel documents. Inductee and Guest agree to undertake the Trip at their own risk. All travel arrangements must be made through Promotion Entities. Airline will be selected by Promotion Entities in their sole discretion. Airline carrier’s regulations and conditions apply. Once Trip dates have been booked, no changes, extensions or substitutions are permitted, except at Promotion Entities’ sole discretion. Promotion Entities will not replace any lost or stolen tickets or travel vouchers. Any costs of travel exceeding the allowance provided herein shall be the sole responsibility of the Inductee. For the avoidance of doubt, the Inductee shall be solely responsible for all costs, expenses, and incidentals associated with prize acceptance and use, including, but not limited to, additional ground transportation, meals, beverages, gratuities, phone calls, insurance, taxes, and any other expenses not specifically mentioned as being included. Once travel commences, no unscheduled stopovers are permitted; if an unscheduled stopover occurs, full airfare may be charged to the Inductee from stopover point for the remaining segments, including return, of the Trip. Promotion Entities are not liable for any expenses incurred as a consequence of flight cancellation/delay. Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. Promotion Entities will not obtain travel insurance on behalf of the Inductee or Guest. Travel is subject to flight availability and other travel restrictions may apply. Inductee is responsible for all applicable travel and other insurance, all applicable airport charges, including, without limitation, any baggage charges, airport taxes, fuel charges and any applicable Federal inspection fees. If the actual value of any prize is less than the ARV stated herein, the Inductee will NOT be entitled to a check, cash or other form of payment for the price difference. Other restrictions may apply. All portions of the prize are awarded WITHOUT WARRANTY OF ANY KIND, express or implied, without limitation. No prize substitution or cash alternative is allowed except at the sole discretion of Sponsor. Any depictions of prizes are for illustrative purposes only.
Trip Conduct: Inductee and Guest shall conduct themselves with due regard to the public conventions and morals. The Inductee and Guest shall not, while representing the Promotion Entities during the Trip, commit an offense involving moral turpitude under local laws or ordinances. The Inductee and Guest shall not commit any act that will tend to degrade the Promotion Entities in society or bring the Promotion Entities into public hatred, public disrepute, contempt, scorn, or ridicule, or that will tend to shock, insult or offend the community or public morals or decency or prejudice the Promotion Entities. In the event any Inductee or Guest engages in behavior that (as determined by Promotion Entities in their sole discretion) is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, the Promotion Entities reserve the right to terminate the Trip early and send the Inductee and Guest home with no further obligation related to the prize.
Promotion Entities maintain no control over the personnel, equipment, or operation of any air, water or surface carrier, transportation company, hotel, restaurant or venue (“Providing Party”) and Sponsor is merely an independent supplier of the Trip and is not in any way related to each Providing Party. The Promotion 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 Providing Parties 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 Promotion Entities, or (d) by any cause, condition, or event whatsoever beyond the control 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 designees the 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 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 or displayed in connection with the Promotion. Finalist/Inductee agrees that the Sponsor and its designees have no obligation to post 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 Materials for the purpose of advertising, trade, display 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 potential Finalist/Inductee with an alternate eligible Finalist/Inductee in accordance with these Terms & Conditions if such Application, Participant, Finalist or Inductee is withdrawn from or removed from the Promotion for any reason, including without limitation, Participant’s failure to have Finalist Documents and Prize 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 any and all actions, claims, injuries, death, losses or damages, including reasonable outside attorneys’ fees, arising in any manner, directly or indirectly 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), from participation in this Promotion and/or acceptance of the Award/Prize.
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 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/Prize, 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 Entities reserve the right, in their sole discretion, to adjust times and dates in 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 Inductees from 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 & Conditions shall 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 & Conditions shall 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, 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 Participant seek 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, 2016. Vermont residents may omit return postage.