TOYOTA FINANCIAL SERVICES COLLEGE GRAD SWEEPSTAKES
NO PURCHASE NECESSARY TO ENTER, WIN, OR CLAIM A PRIZE IN THIS SWEEPSTAKES. A PURCHASE WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
OPEN ONLY TO INDIVIDUALS WHO ARE LEGAL RESIDENTS OF THE 50 UNITED STATES (INCLUDING THE DISTRICT OF COLUMBIA) WHO ARE AT LEAST 18 YEARS OLD.
VOID IN PUERTO RICO AND WHERE PROHIBITED BY LAW.
The Toyota Financial Services College Grad Sweepstakes (“Sweepstakes”) is sponsored by Toyota Financial Services (“Sponsor”), 6565 Headquarters Drive, Mail Drop W2-1C, Plano, TX 75024.
1. SWEEPSTAKES PERIOD: The Sweepstakes begins on May 14, 2020 at 12:00 PM (noon) Eastern Time (“ET”) and ends on May 28, 2020 at 11:59 PM ET (“Sweepstakes Period”). The Sponsor’s computer is the official Sweepstakes clock.
2. ELIGIBILITY: This Sweepstakes is open only to individuals who are legal residents and physically located in one (1) of the fifty (50) United States or the District of Columbia and who are at least eighteen (18) years old at the date and time of entry. Employees, officers, directors and agents of Sponsor, the independent third party administrator of this Sweepstakes, Fanology, LLC (“Administrator”), and each of their respective parent companies, affiliates, subsidiaries, suppliers, advertising, promotion and internet agencies (collectively with Sponsor, the “Sweepstakes Entities”), and each of such employee’s officers, directors and agents’ immediate family members and/or those living in the same household of each (whether legally related or not) are not eligible to enter the Sweepstakes or win a prize. For purposes of this Sweepstakes, ‘immediate family members’ are defined as spouse, partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren and ‘those living in the same household’ shall mean people who share the same residence at least three (3) months a year, whether legally related or not. Void in Puerto Rico and where prohibited by law. Participation constitutes entrant’s full and unconditional agreement to these “Official Rules” and Sponsor and Administrator’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein. Entrants and/or potential winners will be required to provide proof of age, identification and eligibility as required by Sponsor or Administrator.
3. HOW TO ENTER THE SWEEPSTAKES: There are two (2) methods to enter. During the Sweepstakes Period, an entrant must follow the steps below to receive one (1) entry into the Sweepstakes (“Entry”):
Method #1: To enter via Twitter:
i. Sign into his/her non-private Twitter account (or create a Twitter account if he/she does not already have one);
ii. Become a follower of @ToyotaFinancial (if not already following); and
iii. Retweet the Sponsor’s Sweepstakes-related Tweet (“Sweepstakes Tweet”)
Method #2 - Alternate Method of Entry (“AMOE”): To enter without a Twitter account:
i. Send via U.S. Mail a stamped, #10 business envelope containing entrant’s name, email address and telephone number addressed to:
Toyota Financial Services College Grad Giveaway Entry
6060 Center Drive – 10th Floor
Los Angeles, CA 90045
Sponsor will post one (1) Sweepstakes Tweet during the Sweepstakes Period on the following date: May 14, 2020. By entering the Sweepstakes and retweeting the Sweepstakes Tweet, entrant agrees to be bound by the terms and conditions of these Official Rules. An entrant who chooses the Twitter method of entry must have a non-private Twitter account to enter the Sweepstakes and must be a follower of @ToyotaFinancial until 30 days after end date for winner notification purposes to be eligible to win/claim a prize. If an entrant does not have a Twitter account, he/she can create one at no cost at www.twitter.com. For entrants who choose the AMOE, entries must be received by Administrator no later than the end of the Sweepstakes Period on May 28, 2020 at 11:59 PM ET.
IMPORTANT: MESSAGE AND DATA RATES MAY APPLY IF AN ENTRANT ENTERS THIS SWEEPSTAKES ON HIS/HER MOBILE DEVICE. NOT ALL MOBILE TELEPHONE/WIRELESS PROVIDERS CARRY THE SERVICE NECESSARY TO PARTICIPATE IN THIS SWEEPSTAKES. ENTRANTS SHOULD CONSULT THEIR WIRELESS PROVIDER’S PRICING PLANS. MOBILE ENTRY IS NOT REQUIRED TO ENTER OR WIN A PRIZE IN THESE SWEEPSTAKES.
Limit: There is a limit of one (1) Entry per person/Twitter account per Sweepstakes Tweet posted during the entire Sweepstakes Period. Entrants are prohibited from using more than one (1) Twitter account or multiple identities. If it is found or suspected that an entrant is using more than one Twitter account or multiple identities to participate in the Sweepstakes, then that entrant, in Sponsor’s sole discretion, may be disqualified and not be eligible to win a prize. Subsequent attempts made by the same individual to submit multiple entries by using multiple or false contact information, accounts or otherwise may result in the entrant being disqualified. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified. Entries that are in excess of the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at Sponsor’s sole and absolute discretion. Entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void.
All entrants submitting materials/content as part of the Sweepstakes (including as part of the retweet Tweet) will be non-exclusively licensing (with the unlimited right to sublicense) to Sweepstakes Entities the right to use such materials, and the images related thereto (including entrant’s name, social media account username and likeness), for any purpose (including any and all commercial purposes) with the right to modify the materials and make derivative works thereof. Entrants represent and warrant that the materials submitted will not infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity and the use thereof will result in no third party liability or obligations. Any entrant posting content with obscene or other inappropriate material may be disqualified by Sponsor, in its sole and absolute discretion.
4. RANDOM DRAWING: On or about May 29, 2020, Administrator will randomly select one (1) winner from all eligible Entries received during the Sweepstakes Period (“Random Drawing”). The winner is considered a potential winner pending verification of his/her eligibility and compliance with these Official Rules.
5. PRIZES, ODDS OF WINNING, AND APPROXIMATE RETAIL VALUE (“ARV”):
A. Prizes (1): One (1) prize is available in the Sweepstakes. The winner will receive $5,000 U.S. Dollars (“USD”), awarded in the form of a check made payable to the winner.
B. Total ARV: The total ARV of the prize available in the Sweepstakes is $5,000 USD.
C. Odds of Winning: The odds of winning a prize depend on the total number of Entries received during the Sweepstakes Period.
D. General Prize Conditions: All legal responsibilities of a minor winner (the age of majority is eighteen (18) in most states but is nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi) (“Minor”), as defined by his or her primary state of residence, under the Official Rules will be assumed by a parent or legal guardian (“Parent”), and Minor’s prize will be awarded in the name of the Parent for the benefit of the Minor. Prizes that are unclaimed, unredeemed, or returned as undeliverable will not be awarded. Limit of one (1) prize per person/household. The value of any prize awarded to a winner may be reported for tax purposes as required by law. The winners may be required to provide Sponsor with a valid social security number before the prizes will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of winners, or if a Minor in the jurisdiction in which s/he resides, in the name of his/her Parent, for the actual value of the prize(s) received. Prizes will only be mailed within the 50 U.S./D.C. No prize substitution or exchange will be allowed, except by Sponsor, who reserves the right, in its sole discretion, to substitute a prize of equal or greater value for any reason. All other costs and expenses not expressly set forth herein shall be solely the winner’s responsibility. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Prize details and availability are subject to change and prize provider’s rules and restrictions, and in the event that Sponsor is unable to provide the winner with his or her prize(s), the Sponsor may elect to provide winners with the approximate value of such item in cash or award an alternate prize of comparable or greater value. The Sweepstakes Entities shall not be held responsible for any delays in awarding a prize for any reason. If, after a good-faith attempt, Sponsor is unable to award or deliver a prize, the prize may not be re-awarded. Unclaimed prizes will be forfeited. Prizes, if legitimately claimed, will be awarded.
6. HOW TO CLAIM A PRIZE: The potential winner is subject to verification of eligibility and compliance with these Official Rules. The potential winner will be notified within five (5) business days after the Random Drawing either via Twitter direct message from @ToyotaFinancial or by email for an entrant who used the AMOE. The potential winner must respond within forty-eight (48) hours with a valid e-mail address. Failure to provide all required information within the stated time period may result in forfeiture of winner’s right to claim a prize, and may result in the prize being awarded to an alternate winner. Sponsor will attempt to mail each prize to each verified winner at the street address provided at the time of Sweepstakes registration within approximately 8 to 10 weeks from verification of eligibility.
Sponsor will attempt to notify the potential winner as set forth above, but Sponsor is not responsible for any undelivered e-mails, including, without limitation, e-mails that are not received because of a winner’s privacy or spam filter settings which may divert any Sweepstakes e-mail, including any winner notification e-mail or prize e-mail to a spam or junk folder. If the potential winner is found to be ineligible or not in compliance with these Official Rules or declines to accept a prize, Sponsor or Administrator is unable to contact a potential winner, or any prize notification or prize is returned undeliverable, the prize will be forfeited. If the Sponsor wishes to select an alternative potential winner, Sponsor will select this alternative potential winner at random from the pool of remaining Entries. The potential winner may be required to furnish proof of identification and other proof of eligibility under these Official Rules. The right to receive a prize is non-assignable, non-transferable and no prize substitution, exchange or cash equivalent will be allowed, except by Sponsor, who reserves the right to substitute a prize of equal or greater value in case of unavailability of a prize or force majeure, at Sponsor’s sole and absolute discretion. All other costs and expenses not expressly set forth herein shall be solely the winner’s responsibility. Sweepstakes Entities shall not be held responsible for any delays in awarding the prize for any reason. Each prize will only be awarded to a verified winner.
7. WAIVERS AND RELEASES: By participating in this Sweepstakes, entrants agree that the Sweepstakes Entities, Twitter, Inc. and each of their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, web masters and their respective officers, directors, employees, representatives, designees and agents (“Released Parties”) are not responsible for lost, late, incomplete, stolen, misdirected, postage due, or undeliverable e-mail notifications or postal mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections or availability; or garbled, corrupt or jumbled transmissions, service provider/Internet/website/use net accessibility, availability or traffic congestion; or any technical, mechanical, printing, or typographical or other error; or unauthorized human intervention; or the incorrect or inaccurate capture of registration information; or the failure to capture, or loss of, any such information. The Released Parties are not responsible for any incorrect or inaccurate information, whether caused by any website users, tampering, hacking or by any of the equipment or programming associated with or utilized in the Sweepstakes and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the website or any Sweepstakes-related website(s). The Released Parties are not responsible for any injury or damage, whether personal or property, to participants or to any person's computer related to or resulting from participating in the Sweepstakes and/or accepting or using a prize. The Released Parties shall not be responsible or liable for Entries that are entered by any automated computer, program, mechanism or device, for any Entries in excess of the stated limit or for Entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules, and all such Entries may, in Sponsor’s sole discretion, be disqualified.
If, for any reason, the Sweepstakes is not capable of running as planned, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes and/or proceed with the Sweepstakes, including the selection of winners in a random drawing from among eligible Entries received prior to such cancellation, termination, modification or suspension. In no event will more prizes be awarded than are stated in these Official Rules. In the event that, due to technical, typographical, mechanical or other errors, there are more winners than are stated in these Official Rules, a random drawing among the claimants will be held to determine the winners. Sponsor additionally reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Sweepstakes should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Sweepstakes; or (b) to disqualify any entrant found to be, or suspected of: (i) tampering with the entry process or the operation of the Sweepstakes; (ii) acting in violation of these Official Rules; or (iii) acting in an un-sportsmanlike manner. The Released Parties are not responsible for any changes or unavailability of the social media platform used for purposes of administering this Sweepstakes that may interfere with the Sweepstakes (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use the social media platform for the Sweepstakes as set forth herein that are not acceptable to Sponsor) or ability of entrant to timely enter, receive notices or communicate with Sponsor via the social media platform, in which case Sponsor, in its sole discretion, may terminate or modify the Sweepstakes.
By entering the Sweepstakes, each entrant agrees: (i) to be bound by these Official Rules and by all applicable laws and by the decisions of Sponsor and Administrator, which shall be binding and final; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his or her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Sweepstakes; and (iv) to forever and irrevocably agree to release, indemnify, defend and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (a) the Sweepstakes, including, but not limited to, any Sweepstakes-related activity or element thereof, and the entrant’s Entries, participation or inability to participate in the Sweepstakes, (b) the violation of any third-party privacy, personal, publicity or proprietary rights, (c) typographical or printing errors in these Official Rules or any Sweepstakes materials, (d) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a prize (or any component thereof), (e) any change in the prizing (or any components thereof) due to unavailability or due to reasons beyond Sponsor’s control, including, but not limited to, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot or any other cause beyond any of the Released Parties’ control, or as otherwise permitted in these Official Rules, (f) any interruptions in or postponement, cancellation or modification of the Sweepstakes, (g) human error, (h) incorrect or inaccurate transcription, receipt or transmission of any part of any Game Play (including, without limitation, the registration information or any parts thereof), (i) any technical malfunctions or unavailability of the website or any telephone network, computer system, computer online system, mobile device, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by any of the Released Parties or by an entrant, (j) interruption or inability to access the Sweepstakes, the website hosting the Sweepstakes or any other Sweepstakes-related websites or any online service via the Internet due to hardware or software compatibility problems, (k) any damage to entrant’s (or any third person’s) equipment used to access the Sweepstakes and/or its contents related to or resulting from any part of the Sweepstakes, (l) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (m) any late, lost, stolen, mutilated, misdirected, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged Entries, (n) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties, (o) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof), or (p) the negligence or willful misconduct by entrant.
Without limiting the foregoing, everything regarding this Sweepstakes, including the website and prizes, are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some jurisdictions may not allow the limitations or exclusions of liability for incidental or consequential damages or exclusions of implied warranties, so some of the above limitations or exclusions may not apply. Check local laws for any restrictions or limitations regarding these limitations or exclusions.
8. DISPUTES: THIS SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF TEXAS (WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS), AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN THE COUNTY OF COLLIN, TEXAS. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., (“JAMS”) IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN MICHIGAN. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN COLLIN COUNTY, TEXAS. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ANY CLAIM MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION OCCURRED, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
Further, entrants hereby waive all rights to: (i) claim punitive, exemplary, special, incidental, indirect and consequential damages and any other damages (whether due to negligence or otherwise), other than for actual out-of-pocket costs; and (ii) have damages multiplied or otherwise increased. Entrants agree that the rights and obligations of any entrant and/or Sweepstakes Entities and/or any other party shall be resolved individually, without resort to any form of class action.
10. PUBLICITY RIGHTS: Subject to applicable law, each winner irrevocably grants to Sponsor and/or Sponsor’s designee, and its and their successors, assigns and sublicensees, the perpetual right and permission to use his or her name, username, Twitter handle, biographical information, photos and/or likeness, and statements for Sponsor’s promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, including, but not limited to, live television, worldwide, including, but not limited to, on the World Wide Web and Internet, without notice, review or approval and without additional compensation, except for awarding of the prizes to the winners.
11. GENERAL: Any attempted form of participation in this Sweepstakes other than as described herein is void. If it is discovered or suspected in Sponsor’s sole and absolute discretion that an entrant has registered or attempted to register more than once using multiple e-mail addresses, accounts, multiple identities, proxy servers or like methods, all of that entrant’s Entries will be declared null and void, and that entrant will be ineligible to win a prize. Also, if it is discovered that any entrant attempts to receive additional entries in excess of the stated limitation, that entrant may, in Sponsor’s sole discretion, be disqualified from the Sweepstakes. In the event of a dispute as to the identity of a winner, the winning Entry will be declared made by the authorized account holder of the e-mail address associated with the Twitter account used to submit the Entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational institution) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. In the event a dispute regarding the identity of the individual who actually submitted an Entry cannot be resolved to Sponsor’s satisfaction, the affected Entry will be deemed ineligible. Sponsor and Administrator reserve the right to disqualify any individual found, in its sole opinion, to be tampering with the operation of the Sweepstakes, to be acting in violation of these Official Rules or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of a Sweepstakes. Any use of robotic, automatic, macro, programmed, third-party or like methods to participate in the Sweepstakes will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. CAUTION AND WARNING: ANY ATTEMPT TO DAMAGE ANY WEBSITE OR TO UNDERMINE THE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If any provision of these Official Rules or any word, phrase, clause, sentence, or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules or the prize documents will not affect the validity or enforceability of any other provision. Sponsor’s and/or Administrator’s interpretation of these Official Rules is final and binding in all matters related to the Sweepstakes. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. All Entries and/or materials submitted become the property of Sponsor and will not be returned. In the event of any conflict with any Sweepstakes details contained in these Official Rules and Sweepstakes details contained in any promotional materials (including, but not limited to, point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Sweepstakes as set forth in these Official Rules shall prevail.
12. WINNERS LIST: To obtain a list of winners, mail a self-addressed, stamped business-sized envelope to: Toyota Financial Services College Grad Sweepstakes - Winner Request c/o Fanology / 6060 Center Drive, 10th Floor / Los Angeles, CA 90045. Winner List requests must be received by June 30, 2020.
Sponsor: Toyota Financial Services, 6565 Headquarters Drive, Mail Drop W2-1C, Plano, TX 75024.
Toyota Financial Services is a service mark used by Toyota Motor Credit Corporation (TMCC), Toyota Motor Insurance Services, Inc. and its subsidiaries, and Toyota Credit de Puerto Rico Corp. TMCC is the authorized attorney-in-fact and servicer for Toyota Lease Trust.
Twitter is a registered trademark of Twitter, Inc. All rights reserved. Twitter is not a participant in or sponsor of this promotion.
© 2020 Toyota Financial Services. All rights reserved.