Toyo Tire CANADA INC.
2017 FALL Contest Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
ELIGIBILITY: The Toyo Tire Canada Fall 2017 contest (the “Contest”) is open only to legal residents of Canada who have reached the age of majority in their province or territory of residence at the time of entry. Employees, officers, directors, representatives and agents (including immediate family members [spouse, parent, child, sibling and their respective spouses, regardless of where they reside] and members of the same household, whether or not related) of Toyo Tire Canada Inc. (“Sponsor”) and its parent and affiliated companies, subsidiaries, licensees, distributors, dealers, retailers, printers, advertising and promotion agencies, and any and all other companies associated with the Contest are not eligible to participate. The Contest is subject to all applicable federal, provincial and local laws, rules and regulations.
ENTRY PERIOD AND HOW TO ENTER: The Contest begins at 9:00 AM Pacific Time (“PT”) on September 16, 2017 and ends at 11:59 PM PT on December 5, 2017 (“Entry Period”). You may enter the Contest for an initial entry in any of the following ways: by completing a ballot at a participating Toyo Tire dealer, via online entry form or by mail, all as set out below. No other methods of entry will be accepted.
HOW TO ENTER:
1. BALLOT FORM: During the Entry Period:
(a) eligible persons who make a purchase of any Toyo Tire product at a participating Toyo Tire dealer in Canada may complete in full the official Contest ballot form, available at the dealer, and deposit it as directed by dealer staff. By completing and depositing the official Contest ballot form as directed, you will receive one (1) entry in the Contest; or
(b) Without making any purchase, eligible persons may request an official Contest ballot form at a participating Toyo Tires dealer. Completing the form in full and deposit it as directed and you will receive one (1) entry in the Contest.
All information submitted by entrants is subject to, and will be treated in a manner consistent with, Sponsor’s Legal and Privacy Information accessible at: https://www.toyotires.ca/privacy-legal.
2. ONLINE ENTRY FORM METHOD: During the Entry Period go to toyotires.ca/ to access the online entry form for the Contest. By successfully transmitting a completed online entry form as directed, you will receive one (1) initial entry in the Contest. All information submitted online via the online entry form by entrants is subject to, and will be treated in a manner consistent with, Sponsor’s Legal and Privacy Information accessible at: https://www.toyotires.ca/privacy-legal. Online entrants must fully complete and submit all non-optional data requested on the online entry form to be eligible. Incomplete and/or inaccurate entries are void. All online entries must include a valid email address for the entrant. Online entrants to the Contest may be given the option to receive (a) commercial email from Toyo Tire Canada Inc. and/or (b) mobile text messages and updates from ToyoTires.ca; however, eligibility to participate in the Contest is not dependent upon entrant’s consent to receive such emails and/or mobile text messages and updates and consenting to receive such emails and/or mobile text messages and updates will not impact any entrant’s chances of winning. Standard messaging rates apply to mobile text messages and updates. Check with your mobile service provider for more information.
3. MAIL-IN METHOD OF ENTRY: If you do not wish to enter online or at a participating Toyo Tires dealer, you may hand-print your full name, address, city, province and postal code, day & evening telephone numbers (including area codes), date of birth, email address, name of Contest (“Toyo Tire Canada Fall 2017 Contest”) and the following statement: “I acknowledge that I have read, understand and agree to the Official Contest Rules” on a 3×5 postcard and mail it in a sealed envelope bearing sufficient postage to: Toyo Tires, Attn: Toyo Tire Canada Fall 2017 Contest, 7791 Nelson Road, Richmond, BC, V6W1G3. Mail-in entries must be postmarked by December 5, 2017 and received by Sponsor by December 11, 2017, to be eligible. Mail-in entries become the property of Sponsor and will not be returned.
ENTRY LIMIT: Regardless of entry method, there is a limit of one (1) entry per person, per email or per mailing address. Any attempt by you to obtain more than one (1) entry by using multiple/different email/physical addresses, identities, registrations and logins, multiple entry methods or any other methods will void your entries and you will be disqualified.
RANDOM DRAW: A random draw will be conducted on December 15, 2017 at approximately 10:00 am PT at the offices of the Sponsor, 7791 Nelson Road, Richmond, BC, to select twenty eligible entries from among all eligible entries received. Subject to verification of eligibility and compliance in full with the terms of these Official Rules, each selected entrant will be declared the official winner (“Winner”) of a Prize (as defined below). The decisions of Sponsor are final and binding in all matters relating to this Contest. Odds of winning depend on the total number of eligible entries received through all methods of entry during the Entry Period.
PRIZE: There are twenty (20) prizes (each, a “Prize”) available to be won, each consisting of set of custom Toyo Tires “Pinball” skis, made by Elan. Each Prize has an approximate retail value of $449 (Cdn.). Bindings are not included with the Prizes. It is the sole responsibility of the winners to:
1. ensure bindings are installed by a qualified ski/snowboard technician.
2. ensure the Prize is used responsibly by a person qualified to use this item.
3. ensure that the users of the Prize are aware of the inherent risks of using this type of product and the appropriate actions are taken to reduce or eliminate these risks such as ensuring all safety equipment is used.
Toyo Tires does not take responsibility for the use of any prize. For further information on prize safety visit www.skicanada.org/safety.
PRIZE CONDITIONS: No transfer, substitution or cash equivalent for the Prize is allowed, except at Sponsor’s sole discretion. Sponsor, in its sole discretion, reserves the right to provide an alternative prize of equivalent value should the Prizes not be available for any reason. The PRIZES will be delivered by mail or courier.
NOTIFICATION: Selected entrants will be notified at the email address, postal address and/or telephone number (in the sole discretion of Sponsor) provided at the time of entry (the “Prize Notification”). In the event that any selected entrant does not respond to any such Prize Notification within three (3) days of the date of issuance or is unwilling or unable to comply in full with these Official Rules for any reason, a disqualification will result, the Prize will be forfeited and, at Sponsor’s sole discretion and time permitting, an alternate selected entrant may be randomly selected from among all remaining eligible entries.
Before being declared a confirmed Prize winner, each selected entrant will be required to: (a) correctly answer a mathematical skill-testing question without mechanical or other aid (which may, in the sole and absolute discretion of the Sponsor, be administered online, by email or other electronic means, by telephone, or in the Sponsor’s form of Affidavit of Eligibility and Release of Liability); (b) submit valid identification to Sponsor; and (c) execute and return an Affidavit of Eligibility and Release of Liability and Publicity, within five (5) days of the date of issuance. Failure to submit any identification required by Sponsor or to return the required documents within the specified time period, noncompliance with these Official Rules or the return of the Prize (or any portion thereof) or Prize Notification as undeliverable may result in disqualification and Prize forfeiture and, at Sponsor’s sole discretion and time permitting, may cause an alternate selected entrant to be randomly selected from among all remaining eligible entries.
WAIVER OF LIABILITY/PUBLICITY RELEASE: By participating in the Contest and submitting an entry, each entrant agrees to (a) be bound by these Official Rules, including all entry requirements, and (b) waive, release and hold harmless Sponsor and its parent and affiliated companies, subsidiaries, officers, directors, employees, agents, licensees, distributors, dealers, retailers, printers, representatives and advertising and promotion agencies, and any and all other companies associated with the Contest, and all of their respective officers, directors, employees, agents and representatives (collectively, “Released Parties”) for any and all claims arising out of any injury, damage or loss that may occur, directly or indirectly, in whole or in part, from the participation in the Contest or from the receipt or use of the Prize (or any portion thereof) or any travel or activity related to the receipt or use of the Prize (or any portion thereof), including without limitation, any personal injury, death or damage to persons or property.
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 (“Regie”) 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 gives his/her express permission to be contacted by Sponsor by telephone, email and/or postal mail for Contest purposes. Each Winner, by acceptance of the Prize, grants to Sponsor and its designees the right to publicize the Winner’s name, address (city and province/territory of residence), photograph, voice, statements and/or other likeness and prize information for advertising, promotional, trade and/or any other purpose in any media or format now known or hereafter devised, throughout the world, in perpetuity, without limitation and without further compensation, consideration, permission or notification, unless prohibited by law.
GENERAL CONDITIONS: Released Parties are not responsible for stolen, late, incomplete, illegible, inaccurate, misdirected, lost, misrouted, scrambled, damaged, delayed, undelivered, mutilated, postage-due or garbled entries, transmissions, email or mail; or for lost, interrupted or unavailable network, cable, satellite, server, Internet Service Provider (ISP), wireless network, website, or other connections including those through and/or by any website, availability or accessibility or miscommunications or failed computer, satellite, telephone, cable or wireless transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; wireless service congestion; failures or malfunctions of phones, phone lines or telephone systems, wireless towers or cellular tower equipment; any error, omission, interruption, defect or delay in wireless or other transmission, processing, or communication; non-delivery; misdirected, blocked, or delayed email notifications; printing, typographical or other errors appearing within these Official Rules, in any Contest-related advertisements or other materials; or any other errors, problems or difficulties of any kind whether human, mechanical, electronic, network, computer, telephone, wireless service, mail, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of entries, the announcement of the Prize or in any Contest-related materials, or the cancellation or postponement of any event or exhibition. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to entrants’ or to any other person’s computer and/or wireless device related to or resulting from participating in this Contest or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Contest or website or attempt to undermine the legitimate operation of the Contest by cheating, deception or other unfair playing practices, or intend to annoy, abuse, threaten or harass any other entrant or any representative of Sponsor or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Any attempt to deliberately damage the content or operation of this Contest is unlawful and subject to legal action by Sponsor or its respective agents. Sponsor shall have the sole right to disqualify any entrant for violation of these Official Rules or any applicable laws relating to the Contest, and to resolve all disputes in its sole discretion. Released Parties (a) make no warranty, guaranty or representation of any kind concerning the Prize (or any portion thereof), and (b) disclaim any implied warranty. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Sponsor reserves the right, subject only to the approval of the Régie in Quebec, in its sole discretion, to cancel or suspend the Contest (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes corrupt administration, security, fairness, integrity or proper operation of the Contest (or any portion thereof). In the event of cancellation, Sponsor may elect to identify the Winner and award the Prize by way of random drawing from among all non-suspect, eligible entries received up to the time of such cancellation. Sponsor also reserves the right, in its sole discretion, subject only to the approval of the Régie in Quebec, to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Contest.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY ENTRANT RESPONSIBLE FOR THE ATTEMPT, AND SPONSOR, PETERSEN MUSEUM, AND/OR THEIR RESPECTIVE AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Entries generated by a script, macro or other mechanical or automated means will be disqualified. In the event of dispute as to the identity or eligibility of any selected entrant based on an email address, the winning entry will be declared made by the Authorized Account Holder of the email address submitted at the time of entry provided he/she is eligible according to these Official Rules. The “Authorized Account Holder” is defined as the natural person to whom the applicable Internet service provider or other organization (such as a business or educational institution) has assigned the email address for the domain associated with the submitted email address.
In the event of any discrepancy or inconsistency between the terms and conditions of these English Official Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to, the French version of these Official Rules, point of sale, television, print or online advertising and/or any instructions or interpretations of these Rules given by any representative of the Sponsor, the terms and conditions of these English Official Rules shall prevail, govern and control to the fullest extent permitted by law.
The invalidity or unenforceability of any provision of these Official 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 Rules shall otherwise remain in effect and shall be construed in accordance with the terms as if the invalid or illegal provision were not contained herein.
To the fullest extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of participants, Sponsor or any of the other the Released Parties in connection with the Contest will be governed by and construed in accordance with the domestic laws of the Province of British Columbia and the federal laws of Canada applicable therein, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws. Participants hereby consent to exclusive jurisdiction and venue of the courts located in British Columbia in any action to enforce (or otherwise relating to) these Rules or relating to this Contest.
SPONSOR: The Sponsor of this Contest is Toyo Tire Canada Inc., 7791 Nelson Road, Richmond, BC, V6W1G3.
All trademarks and copyrights are proprietary to the Sponsor or, as applicable, their respective owners. All rights reserved.