THE 2014 TOYOTA STAGECOACH SWEEPSTAKES RULES AND REGULATIONS
1. NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES: The “2014 Toyota Stagecoach” Sweepstakes (the “Sweepstakes”) is sponsored by Toyota Motor Sales, U.S.A., Inc., (“Sponsor”) having its principal place of business at 19001 South Western Avenue, Torrance, CA 90501 and administered by REACH, LLC (“Administrator”), having its principal place of business 611 Commerce Street, The Tower Suite 2705, Nashville, TN 37203. The Sweepstakes entry period begins on April 24, 2014 at 12PM Pacific Daylight Time and ends on April 27, 2014 at 8PM Pacific Daylight Time (such period, the “Entry Period”).
2. HOW TO ENTER: Sweepstakes entry forms (“Entry Form(s)”) will be available during the Entry Period at the SubZero Cooled by Toyota tent (“Toyota Tent”) located at the 2014 Stagecoach Country Music Festival in Indio, California (“Stagecoach Music Festival”) as well as at the box office at the Stagecoach Music Festival. To be eligible to participate, each entrant will be asked to submit an official entry form, which may include, among other things, his/her name, address, e-mail address, age and related registration information as prompted on the Entry Form(s). Limit of one entry per person and per household. Duplicate entries from the same address/person/household will be eliminated without notice to the entrant. Entries must be received by 8:00 PM Pacific Time, on April 27, 2014, according to Administrator’s clock. Odds of winning depend on the number of eligible entries received. No entries will be acknowledged or returned.
3. ELIGIBILITY: This Sweepstakes is open to individuals eighteen (18) and older who are legal residents of the U.S. including the District of Columbia (excluding Guam, Puerto Rico, and all other U.S. territories and possessions) (the “Eligibility Area”), not a minor in their primary state of residence (nineteen (19) if a resident of Alabama or Nebraska or twenty-one (21) if a resident of Mississippi) and who have a valid U.S. drivers license. Sweepstakes Employees, officers, directors and agents (and their immediate families and household members regardless of where they live, or members of the same households (whether related or not)) of REACH, LLC, Toyota Motor Sales, U.S.A., Inc., and their respective parents, divisions, affiliates, subsidiaries, promotional partners, and advertising and promotion agencies are not eligible to participate in the Sweepstakes or to win any prize. VOID OUTSIDE OF THE ELIGIBILITY AREA AND WHERE PROHIBITED OR RESTRICTED BY LAW. Federal, state and local laws and regulations apply.
4. PRIZES: A total of one (1) prize will be awarded. The prize will consist of one (1) Yeti® Tundra® 65 Cooler and one (1) Bass Pro Shops $100 gift card collectively, the “Prize”. Approximate retail value (“ARV”) of the Prize is Five Hundred U.S. Dollars ($500.00). Except where otherwise expressly noted in these Official Rules, the selection of all vendors, prizes, products and services is subject to the Administrator’s sole and absolute discretion. Prizes (and/or any potion thereof) are nontransferable and non-exchangeable. No substitutions or cash redemption of Prizes are permitted except that the Administrator retains the right to substitute a prize of equal or greater retail value (or at Administrator’s election, the cash value of the applicable prize). Additional restrictions may apply. Due to the nature of the prize, Administrator is not responsible to the winner of any Prize (“Prize Winner”) if the event is cancelled or postponed.
5. PRIZE DRAWING: The potential Prize Winner for the Prize (“Selected Entrant”) will be selected in a random drawing from all entries received that are otherwise eligible for the drawing. The drawing will be held on or about April 28, 2014. The drawing will be conducted by the Administrator whose decision is final and binding on all aspects of this Sweepstakes. The Selected Entrant will be notified on or about April 30, 2014, by e-mail, and/or telephone. Failure of a Selected Entrant to respond within a reasonable time frame (but not longer than 96 hours) from such notification referred to above may result in disqualification and the selection of another entrant from among all eligible entries received. By entering the drawing, each entrant agrees to be bound by these Official Rules and the decisions of the Administrator. In the event of non-compliance for any reason, including the inability to accept the Prize for any reason, an alternate entrant may be selected.
6. CONDITIONS, DISCLAIMERS, AND LICENSE: By entering this Sweepstakes, each entrant agrees to be bound by these Official Rules and by all decisions of the Administrator (which decisions are final and binding on all matters relating to the Sweepstakes), to accept the Prize “as is” including any normal wear and tear associated with the Prize, or any portion thereof, being on display, and to comply with all federal, state and local laws and regulations. The decisions of the Administrator are final on all matters of fact, interpretation, eligibility, procedure and fulfillment. Entries and other submitted materials become the property of the Administrator and/or its promotional partner(s) and will not be acknowledged or returned. The Administrator is not responsible for incomplete, late, lost, or misdirected entries or for any technical malfunction, human error, lost/delayed data transmission, omission, interruption, deletion, defect, or line failure in connection with any telephone network, computer equipment, software or any combination thereof. Entries are void if unreadable, inaccurate, incomplete, mutilated, tampered with, forged, mechanically reproduced, irregular in any way, or otherwise not in compliance with these Official Rules. The Administrator makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished or made available in connection with the Sweepstakes. Although Administrator attempts to ensure the integrity of the Sweepstakes, the Administrator is not responsible for the actions of entrants or other individuals in connection with the Sweepstakes, including entrants’ or other individuals’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity, or proper conduct of the Sweepstakes. The Administrator is not responsible for injury or damage to entrant’s or to any other person’s computer(s), other equipment, or person(s), related to or resulting from participation in the Sweepstakes or downloading materials from or using the Administrator’s website. If, for any reason, the Sweepstakes is not capable of running as planned by reason of damage by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical limitations or failures, strikes, industry conditions, bankruptcy or liquidation, marketplace demands, applicable law, unforeseen obstacles, or any other causes which, in the sole opinion of the Administrator, could corrupt, compromise, undermine, or otherwise affect the administration, security, fairness, integrity, viability, or proper conduct of the Sweepstakes, the Administrator reserves the right in its sole and absolute discretion to modify these Official Rules and/or to cancel, terminate, modify, or suspend all or any part of the Sweepstakes, and to select a Selected Entrant from among all eligible entries received up to the time of such cancellation, termination, modification, or suspension, as applicable. Proof of submitting entry will not be deemed receipt of such entry by the Administrator. In the event that there are typographical errors that obscure the original intent of the Sweepstakes, Administrator reserves the right to cancel or modify the Sweepstakes.
All taxes (including without limitation Federal, state and local taxes) in connection with the Prize, and the reporting consequence thereof, are the sole responsibility of the Prize Winner(s). Prize Winner(s) may be sent a tax form 1099 in the event the average retail value requires Administrator to submit such form. In order to claim the Prize, the Selected Entrant may be required to sign an affidavit or a declaration of eligibility and compliance with these Official Rules, liability release, publicity release (unless prohibited by law), address verification and other registrations and participation information requested by the Administrator (unless prohibited by law), at the discretion of Administrator. Additional information will be mailed to Selected Entrant using the address provided in the entry form. The return of forms or prizes as undeliverable may result in disqualification and selection of an alternate winner, at the sole discretion of the Administrator. In no event is Administrator required to contact Selected Entrant more than once.
By entering this Sweepstakes and unless prohibited by law, the Selected Entrant hereby consents to use of his/her respective name, voice, photograph and/or likeness for advertising or publicity purposes for this and similar promotions without compensation and the potential winner and guest may be required to provide a signed release acknowledging such consent, unless restricted by law. Moreover, by entering this Sweepstakes, unless prohibited by law, the potential Prize Winner agrees to grant to the Administrator, and its licensees, affiliates, and assigns, the right to print, publish, broadcast, and use, worldwide in any media now known or hereafter developed, including without limitation the World Wide Web, at any time or times, the Prize Winner’s name, likeness (actual or simulated), voice (actual or simulated), and biographical information as news or information and for advertising and promotional purposes without additional consideration; and further without such additional compensation, appear for, or provide biographical information for use in, any presentation or other activity which may include filming/audio/video/electronic or other recordings and/or interviews, as may be determined from time to time by the Administrator in its sole discretion.
8. RELEASE AND INDEMNIFICATION: By entering the Sweepstakes, entrants release and hold the Administrator, Toyota Motor Sales, U.S.A., Inc., and each of their respective parents, affiliates, directors, officers, employees , agents, promotional partners ,and advertising and promotion agencies (“Released Parties”) harmless from and against any and all losses, damages, rights, claims, and actions of any kind arising in whole or in part, directly or indirectly, from the Sweepstakes or participation in any Sweepstakes-related activity, or resulting directly or indirectly, from acceptance, possession, use, or misuse of any Prize awarded in connection with the Sweepstakes, including without limitation personal injury, death, and/or property damage, as well as claims based on publicity rights, defamation, and/or invasion of privacy.
9. DISPUTES: Participant agrees that (1) any and all disputes, claims, and causes of action arising out of, or connected with, this Sweepstakes (including without limitation, any alleged violation of these Official Rules, any controversy relating to the arbitrability of any dispute, or any claim that these Official Rules (or any part thereof) are 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; (2) any and all claims, judgments, liabilities, and/or awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participant’s participation in this Sweepstakes or otherwise accessing this Sweepstakes, but in no event attorneys’ fees; and (3) under no circumstances will you be permitted to obtain awards for, and participant hereby waives, 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 participant seek or be entitled to rescission, injunctive, or other equitable relief or to enjoin or restrain the operation of this Sweepstakes, exploitation of any advertising or other materials issued in connection therewith, or exploitation of this Sweepstakes or any content or other material used or displayed on this Sweepstakes.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsors in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
10. LIMITATION OF LIABILITY: In no event will the Released Parties be responsible or liable for any damages or losses of any kind, including without limitation direct, indirect, incidental, consequential, or punitive damages, arising out of any access to and/or use of the Administrator’s website, the downloading from and/or printing material downloaded from the Administrator’s website, the removal from the Administrator’s website of, or discontinuation of access to, any materials, or the acceptance, possession, use, or misuse of, or any harm resulting from the acceptance, possession, use or misuse of, or participation in, any prize awarded in connection with the Sweepstakes. Without limiting the foregoing, the Sweepstakes, all Prizes, and all materials provided on or through the Administrator’s website are provided “as is” without warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
11. GOVERNING LAW: The Sweepstakes and these Official Rules are governed by and shall be construed in accordance with the substantive laws of the State of California (as distinguished from the choice of law rules) and the United States of America applicable to contracts made and performed entirely in California and where the relevant contacts are with such state. All applicable federal, state, and local laws and regulations apply.
(b) Severability; Headings: If any provision of these Official Rules is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. Headings and captions are used in these Official Rules solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof.
(c) Winner: For a list of winners, send a self-addressed stamped envelope after April 30 2014 to: Winners List, “2014 Toyota Stagecoach” Sweepstakes, REACH, LLC, 611 Commerce Street, The Tower Suite 2705, Nashville, TN 37203. Requests for Winners List must be received by June 20, 2014. WA and VT residents may omit return postage.
(d) Rule Requests: To receive a copy of these complete rules, send a self-addressed, stamped envelope to: Official Rules, “2014 Toyota Stagecoach” Sweepstakes, REACH, LLC, 611 Commerce Street, The Tower Suite 2705, Nashville, TN 37203. Requests for Official Rules must be received by June 20, 2014. WA and VT residents may omit return postage.
No purchase necessary. Must be 18 or older (and not a minor in primary state of residence) and a U.S. Resident with valid U.S. drivers license at time of entry. Sponsored by Toyota Motor Sales, U.S.A., Inc., 19001 South Western Avenue, Torrance, CA 90501. Begins 4/24/2014 at 12PM PT and ends 4/27/2014 at 8PM PT. For complete rules, send a self-addressed stamped envelope to 2014 Toyota Stagecoach Sweepstakes, c/o REACH, LLC, 611 Commerce Street, The Tower Suite 2705, Nashville, TN 37203. To enter, complete an Official Entry Form at the SubZero Cooled by Toyota tent or the box office at Stagecoach Music Festival on April 24, 2014, April 25, 2014, April 26, 2014, or April 27, 2014. Odds of winning depend upon number of entries received.