Voting Period Rules
Toyota Hall of Fame
Legends of Fantasy Football
VOTING PERIOD RULES
THIS PROMOTION 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 VOTE IN THIS PROMOTION IF YOU ARE NOT LOCATED IN THE UNITED STATES. Information is being provided to Toyota Motor Sales, U.S.A., Inc.
1. DESCRIPTION: The “Toyota Hall of Fame - Legends of Fantasy Football” (the “Promotion”) is a Promotion in which eligible participants submitted applications wherein they made “their case” for induction into the Toyota Hall of Fame. Applications were evaluated and judged in accordance with the Terms & Conditions governing the overall Promotion to determine up to ten (10) “Finalists” to proceed to the public “Voting Period” (as defined below). These rules (“Voting Period Rules”) strictly govern the Voting Period and are a supplement to the full Terms & Conditions, which are incorporated herein for reference. In the event that any terms of these Voting Period Rules and the Terms & Conditions are in conflict, the Terms & Conditions shall govern.
The Voting will operate as follows:
- Voting Period: The Voting Period begins on or about November 9, 2015 and ends on December 1, 2015, at 11:59:59 p.m. PT. During this time, up to ten (10) Finalists will be featured on the website at http://football.fantasysports.yahoo.com/f1/halloffame for public voting to determine up to five (5) “Inductees” into the Toyota Hall of Fame.
- Inductee Announcement: Inductees will be announced on or about December 15, 2015
3. VOTING: During the Voting Period, up to ten (10) Finalists will compete via public voting to determine up to five (5) Inductees into the Toyota Hall of Fame - Legends of Fantasy Football. Voters, at their sole discretion, can peruse Finalist bios and videos on the website to evaluate the stats and stories for each Finalist prior to casting their vote for such Finalist to be worthy of induction into the Toyota Hall of Fame. A Finalist’s self-promotion ability may have a direct impact on votes and self-promotion is encouraged.
To cast a vote, Voters can click through from a link or visit the website and follow the on-screen instructions to vote for no more than one (1) Finalist per “Calendar Day”. A Calendar Day is defined as a day beginning at 12:00:01 a.m. PT and ending at 11:59:59 p.m. PT. During the Voting Period, there is a limit of one (1) vote per individual Voter, per unique computer/IP address for each Calendar Day.
Any suspected or deliberate attempt to manipulate, or otherwise fraudulently tamper with the voting process, may result in disqualification of the Voter and/or the Finalist, at the Promotion Entities’ sole discretion.
Fraudulent tampering includes but is not limited to:
- using multiple computers or browsers in an attempt to exceed the voting limit;
- vote brokering via a 3rd party service, website or any other service/tactic which exists for the purpose of exchanging or soliciting votes to manipulate the voting results;
- offering any type of inducement or compensation (monetarily or otherwise) to any third party, in exchange for a vote in any manner;
- use of proxy voting; and
- votes generated by a macro, script, bot or other fraudulent means in an attempt to manipulate the outcome of the Voting Period.
In the event of a disqualification, the Promotion Entries will determine the winning Inductees based on non-suspect votes, if possible. If voting results are corrupted to a point that winning Inductees cannot be determined, Sponsor reserves the right to evaluate the remaining Inductees initial applications and/or materials to determine Inductees, at their sole discretion. In the event of a tie during the Voting Period, the Sponsor will evaluate and judge the tied Finalists in accordance with the judging criteria originally presented in the Toyota Hall of Fame - Legends of Fantasy Football Terms & Conditions to determine the Inductee.
4. AWARDS: Each Inductee will be deemed a “Legend of Fantasy Football” and will be inducted into the Toyota Hall of Fame, a digital Hall of Fame located at 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 January 2 – January 4, 2016 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 Santa Clara 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 3, 2016 (“Event”). Approximate Retail Value (“ARV”) of Trip & Jacket: $4,000.
Although it is currently contemplated that the Toyota Hall of Fame will remain active for the foreseeable future, Sponsor reserves the right to terminate the program and associated Toyota Hall of Fame at any time for any reason, in its sole discretion.
5. INDEMNITY: Voter 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) Voter’s voting in the Promotion, and/or (ii) a breach or alleged breach of any of Voter’s obligations herein.
6. GENERAL TERMS AND CONDITIONS: By voting, each Voter agrees that the Released Parties are not responsible or liable for, and shall be released and held harmless from: (i) telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind; (ii) any condition caused by events beyond the control of the Promotion Entities that may cause the Promotion to be disrupted or corrupted; (iii) any printing, human, typographical or other errors or ambiguities in (or involving) any materials associated with the Promotion; (iv) any and all losses, damages, rights, claims and action of any kind in connection with or resulting from voting in the Promotion; and (v) 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 and/or the Voting Period Rules 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 votes 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 Voter from voting in the Promotion or to disqualify any individual they find to be tampering with the voting 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 Voting Period Rules; 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 A HALL OF FAME INDUCTION THAT RELATES TO OR ARISES OUT OF IMPROPER OR MISTAKEN NOTIFICATION, OPERATION OR FUNCTION OF THIS PROMOTION. The invalidity or unenforceability of any provision of these Voting Period Rules 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 Voting Period Rules 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 VOTING IN THE PROMOTION, VOTER 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 VOTER BE PERMITTED TO OBTAIN ANY AWARD FOR, AND VOTER 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.
7. 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 Voting Period Rules, 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 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. 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 Voter 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 Voters 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.
9. INDUCTEES/TERMS & CONDITIONS: To obtain a list of the Inductees or a copy of the Terms & Conditions and Voting Period Rules, send your request along with a stamped, self-addressed envelope to “Toyota Hall of Fame - Legends of Fantasy Football Promotion” Inductees/Terms, c/o Creative Zing Promotion Group, 189 S. Orange Ave, Suite 1130A, Orlando, Florida 32801. Requests for the names of the Inductees must be received no later than January 30, 2016. Vermont residents may omit return postage.