Lexus Unleash the LFA Sweepstakes
Official Sweepstakes Rules
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. MAKING A PURCHASE DOES NOT INCREASE CHANCES OF WINNING. The following promotion is intended for participants in the forty-eight (48) contiguous United States and the District of Columbia only and shall be governed by U.S. laws. Do not proceed if you are not a legal U.S. resident currently located and residing in the forty-eight (48) contiguous United States or the District of Columbia. Further eligibility restrictions are contained in the official rules below. Entrants are providing information to Lexus, a division of Toyota Motor Sales, U.S.A., Inc. and not to Facebook.
2. ELIGIBILITY: This Sweepstakes is open only to legal residents of the forty-eight (48) contiguous United States and the District of Columbia who are physically located and residing therein and who are at least eighteen (18) years of age or the age of majority in their state of primary residence at the time of entry (each an “Entrant” or, collectively, “Entrants”). Entrant must be a registered-user of Facebook. Registration on Facebook is free and can be obtained at www.facebook.com. The Entrant, if selected as the “Grand Prize Winner”, must be able to travel from September 17, 2012 – September 19, 2012. Additionally, the Grand Prize Winner must have a valid U.S. driver’s license.
Sponsor, employees, owners, shareholders, officers and directors of Sponsor, Sponsor’s local dealer groups and authorized dealers, distributors, Administrator, (collectively, the “Sweepstakes Entities”) and each of their respective parent companies, affiliates, divisions, subsidiaries, agents, representatives, promotion and advertising agencies 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 Sweepstakes. For purposes of the Sweepstakes "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; and employees of “local dealer groups, authorized dealers and distributors” shall include individuals employed directly by the local dealer group, authorized dealer or distributor such as sales, mechanical, marketing, operations, and accounting staff. In the event of a dispute over the identity of an Entrant or potential winner in the Sweepstakes, the Entrant or potential winner will be deemed the Authorized Account Holder of the email address associated with the entry. “Authorized Account Holder” is defined as the natural person in whose name the e-mail account was opened. In the event a dispute regarding the identity of an Entrant or potential winner cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. Entries will not be acknowledged except as provided herein. Sweepstakes prize is non-transferable and cannot be substituted, sold or bartered. Void in Alaska, Hawaii and where prohibited by law.
3. HOW TO ENTER: During the Sweepstakes Period, the Entrant must follow the steps below to receive one (1) entry into the Sweepstakes:
• Entrant must sign into his/her personal Facebook account;
• Entrant must visit the Sponsor’s Facebook page at http://www.facebook.com/lexus and follow the prompts to access to the “Unleash the LFA” app;
• Once the app has been accessed, the Entrant must click the customized “Share & Enter” button;
• The Entrant must complete the entry form by providing his/her first & last name, email address, daytime phone number and date of birth and affirmatively accept the Official Rules and click the “Enter” button; and
• Following entry, Entrant may choose to follow the on-screen instructions to share the prepopulated video link & message
The Entrant will receive one (1) entry into the Sweepstakes regardless of how many times the prepopulated video link & message are shared. Entries must be received by Tuesday, August 21, 2012 at 1:00 pm PT. Entries in excess of the limitation may result in disqualification of the Entrant. Entries generated by a macro, script or other automated means will be disqualified. Each Entrant must be the rightful owner (or have authorized use) of the email address and/or phone number used for entry. Incomplete, unreadable, or unintelligible entries will be disqualified. Entrants must provide all information requested on entry form to be eligible to win. All information provided by Entrants becomes the property of Sponsor. ELIGIBLE ENTRANTS MUST SUBMIT THE REQUESTED ENTRY INFORMATION IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED. Participation in the Sweepstakes constitutes Entrant's understanding of and full and unconditional agreement to and acceptance of these Official Rules. Sponsor reserves the right to disqualify any Entrant that Sponsor determines to be in violation of any term contained in these Official Rules.
4. ODDS OF WINNING: Odds of winning depend on the number of eligible entries received during the Sweepstakes Period.
5. WINNER SELECTION & NOTIFICATION: One (1) potential winner will be selected at random from all eligible entries received during the Sweepstakes Period on or about Friday, August 24, 2012. Potential winner will be notified on or about Monday, August 27, 2012 at the email address or phone number associated with the entry. Potential winner will be required to respond (as directed) to the notification within seventy-two (72) hours (or a shorter time if required by exigencies) of notification. The failure to respond timely to the notification may result in forfeiture of the prize. If a prize goes unclaimed or a potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the prize for any reason prior to award, such potential prize winner will be disqualified and an alternate prize winner may be selected, at the sole discretion of the Sweepstakes Entities. Potential winner will be required to verify address and to execute and return an affidavit of eligibility, a liability release, and (where imposing such condition is legal) a publicity release, and other prize releases (collectively, the “Prize Claim Documents”) covering eligibility, liability, advertising, publicity and media appearance issues. Prize will not be awarded until all such properly executed Prize Claim Documents are returned. The Grand Prize Winner’s travel companion (“Guest”) must be at least 18 years of age and not a minor in the Guest’s primary state of residence, unless the Grand Prize Winner is the parent or legal guardian of such Guest. Guest will be required to sign and return a travel companion eligibility/liability release and, unless prohibited by law, a publicity and media release. Additionally, the potential Grand Prize Winner may be required to submit to a background check. 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 the Sponsor to help ensure that any potential Grand Prize Winner will not, in the Sponsor's' sole discretion, bring Sponsor into public disrepute, contempt, scandal or ridicule or reflect unfavorably on Sponsor. If requested, the potential Grand Prize Winner agrees to sign waiver forms authorizing the release of personal and background information. A prize will not be awarded/fulfilled until all such properly executed documents are returned. Sponsor, in its sole discretion, will attempt to contact up to three (3) potential winners of a prize in accordance with the above procedure, after which the prize in question may go unawarded if it remains unclaimed. Administrator reserves the right to disqualify anyone not fully complying with the Official Rules. Grand Prize Winner is solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the redemption of a prize. Grand Prize Winner must provide Sponsor with a valid social security number before the Grand Prize will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of the Grand Prize Winner for the actual value of the Grand Prize received.
6. PRIZE: One (1) “Grand Prize” is available: One (1) Grand Prize Winner will receive the following: a 3-day /2-night trip to Salinas, CA (the “Trip”) from September 17-19, 2012 to attend the High Performance Driving Experience at Skip Barber (“Driving Event”). The Trip will consist of the following: (a.) round-trip coach class air transportation for two (2) from the major airport nearest winner’s residence and an airport in the greater San Jose / Salinas area; (b.) two (2) nights hotel accommodation for winner and guest(one standard room; double occupancy, room & tax only) at a hotel selected by the Sponsor; (c.) admission for the Grand Prize Winner only to participate in the Driving Event; and (d.) $300 spending/ground transportation allowance. The approximate retail value (“ARV”) of the Grand Prize is $4,800.
TRAVEL IS TENTATIVELY SCHEDULED FOR SEPTEMBER 17-19, 2012. GRAND PRIZE WINNER MUST BE AVAILABLE TO TRAVEL ON THESE DATES OR WILL BE INELIGIBLE TO RECEIVE THE PRIZE. During Trip and as a condition of receiving a Grand Prize, the Grand Prize Winner must be willing to be photographed or videotaped during the Driving Event. All prize details are at the sole discretion of the Sponsor. Winner cannot assign or transfer a prize to another person. Cash alternative is not permitted, except at the sole discretion of Sponsor. If a prize cannot be awarded due to circumstances beyond the control of Sponsor, a substitute prize of equal or greater retail value may be awarded. If the winner cannot accept a prize, or any portion thereof, as stated, the prize may be forfeited at the sole discretion of Sponsor. The value of the prize represents Sponsor’s good faith determination of the maximum retail value thereof. No refunds or credit for changes are allowed. The ARV of any prize is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed. Other restrictions may apply. Limit one (1) prize per household. If prize is awarded but goes unclaimed or is forfeited by recipient, the prize may not be re-awarded, in Sponsor’s sole discretion.
Sponsor shall have no obligation (express or implied) to use any photographs or video. In the event that the Driving Event in the prize description does not or cannot take place as scheduled, that portion of the prize will go unfulfilled and no further substitution or compensation will be awarded. No prize substitution is allowed except at the discretion of Sponsor. Other restrictions may apply. Grand Prize value depends on winners’ place of residence and cost and availability of airfare and hotel at time of booking and travel and may be substantially higher or lower than the stated ARV. Grand Prize Winner agrees that they undertake Trip and participate in the Driving Event at their own risk. Once travel commences, no unscheduled stopovers are permitted; if an unscheduled stopover occurs, full fare will be charged from stopover point for the remaining segments, including return, of the Trip. Sponsor is not liable for any expenses incurred as a consequence of flight cancellation/delay. In the event a Grand Prize winner’s residence is close enough to Salinas, California such that air transportation is deemed by Sponsor in its sole discretion to be unnecessary, the applicable Grand Prize will not include air transportation from such Grand Prize winner’s residence and no other substitution or compensation will be provided in lieu thereof. The Grand Prize winner must possess all required travel documents and comply with any applicable hotel check-in requirements, such as presentation of a major credit card. All aspects of the travel portions of the Grand Prize must be conducted on such dates as determined by Sponsor in its sole discretion. The dates of departure and return are subject to change at Sponsor’s sole discretion. Airfare may not include government taxes, Passenger Facility Charge or September 11th Security Fee. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. Other travel restrictions and blackout dates may apply. All airline tickets are subject to the vagaries of flight variation, work stoppages, and schedule or route changes. Sponsor reserves the right to structure travel routes and select hotels in its sole discretion. The Grand Prize winner will not receive cash or any other form of compensation if actual travel costs are less than the estimate made in these Official Rules. The round trip air transportation element for any travel prize begins and ends at the point of departure. Room taxes and other hotel fees are not included and if applicable may be payable at the time of check-out by the winner/guest. A deposit or payment in advance, or presentation of a credit card by the Grand Prize Winner, may be required at the time of check-in at the hotel. Any hotel cancellations or changes to hotel reservations after confirmation must be made with the hotel directly, and the Grand Prize Winner is solely responsible for any charges and/or fees arising from changes made directly with the hotel. The prize restrictions/conditions stated herein are not all-inclusive and the Grand Prize described above may be subject to additional restrictions/conditions, which may be stated in the Prize Claim Documents and/or other travel documents. In the event the Grand Prize Winner engages in behavior that, as determined by Sponsor in its sole discretion, is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the Trip or other applicable experience early, in whole or in part, and send the Grand Prize Winner home with no further compensation.
7. CONDITIONS OF PARTICIPATION/RELEASES: Sponsor, in its sole discretion, may designate the Administrator to handle winner selection, notification and fulfillment tasks on Sponsor’s behalf. All federal, state and local laws and regulations apply. By participating, each Entrant agrees to be bound by these Official Sweepstakes Rules and the decisions of the Sweepstakes Entities, which shall be final in all respects. By participating in this Sweepstakes and/or by accepting any prize, each Entrant agrees to release the Sweepstakes Entities, Skip Barber Racing School, LLC. and each of their respective successors, employees, agents, representatives and assigns (collectively, the "Released Parties") from any and all actions, claims, injuries, death, losses or damages arising in any manner, directly or indirectly, from participation in this Sweepstakes and/or acceptance or use of a prize. Each Entrant authorizes the Sweepstakes Entities to use his/her photo, video, name, voice, likeness, biographical data, city and state of residence and entry materials in advertising, marketing, programming or promotional materials, worldwide in perpetuity, and on a winner's list, if applicable, without further compensation unless prohibited by law. Winner and Guest may be asked to participate in select publicity activities, as determined at the sole discretion of the Sweepstakes Entities. Sweepstakes Entities are not obligated to use any of the above mentioned information or publicity materials, but may do so and may edit such information or materials, at Sweepstakes Entities sole discretion, without further obligation or compensation. The Released Parties shall not be liable for: (i) any injuries, losses, liabilities or damages of any kind including personal injury or death caused by the prize or resulting from acceptance, possession or use of a prize including participation in any activity or travel related thereto, or from participation in the Sweepstakes; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) late, lost, delayed, stolen, misdirected, postage-due, incomplete, unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (v) any inability of winner to accept or use any prize (or portion thereof) for any reason and such prize or portion thereof shall be forfeited; or (vi) any printing, typographical, human administrative or technological errors in any materials or activities associated with the Sweepstakes. Sweepstakes Entities disclaim any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Sweepstakes. Sweepstakes Entities reserve the right, in their sole discretion, to cancel, modify or suspend the Sweepstakes (or any portion of the Sweepstakes) at any time for any reason or should a virus, bug, computer problem, unauthorized intervention, extenuating circumstance or other problem/cause corrupt or inhibit the administration, security or proper play of the Sweepstakes and, in such situation, will select the winner from eligible non-suspect entries received prior to and/or after such action or in such manner as deemed fair and appropriate by the Sweepstakes Entities. Sweepstakes Entities may prohibit Entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines Entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or any other unfair practices or intending to annoy, abuse, threaten or harass any other Entrants or Sweepstakes Entities representatives. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE SWEEPSTAKES. SHOULD SUCH AN ATTEMPT BE MADE, SWEEPSTAKES ENTITIES RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. BY ENTERING THE SWEEPSTAKES, ENTRANT 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 SWEEPSTAKES, 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 ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT 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.
8. GOVERNING LAW: 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 the Sweepstakes, 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 an Entrant seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of this Sweepstakes.
All issues and questions concerning the construction, validity, interpretation and enforceability of this Sweepstakes, or the rights and obligations of Entrants and Sweepstakes 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.
10. WINNER’S LIST/OFFICIAL RULES: To obtain the list of the winner(s) or a copy of these Official Rules, send a request along with a stamped, self-addressed envelope to “Unleash the LFA" Winner’s List/Rules, 189 S. Orange Ave, Suite 1130a, Orlando FL 32801. Requests for the name of the winner must be received no later October 1, 2012. Vermont residents may omit return postage.
The sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook. Facebook is completely released of all liability by each entrant in this sweepstakes. INFORMATION PROVIDED BY ENTRANTS WILL BE PROVIDED TO SPONSOR AND/OR SWEEPSTAKES ENTITIES AND WILL NOT BE PROVIDED TO FACEBOOK.