Toyo Tires “Shutter Space Automotive Photo Gallery Contest” (the “Contest”)
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
1. ELIGIBILITY: The Contest is open only to legal residents of the fifty (50) United States and the District of Columbia (excluding Puerto Rico and all United States territories and possessions) (collectively referred to herein as "states"), who are eighteen (18) years of age or older (except in the case of legal residents of certain states where the legal age of majority is greater than eighteen (18) years of age, such legal age of majority) at the time of entry. Employees, officers, and directors (and their immediate family members such as 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 U.S.A. Corp. (“Sponsor”), Beyond Fifteen Communications, Inc. (“Administrator”) and each of their respective parents, 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 or win the prizes (defined below). The Contest is subject to all applicable federal, state, and local laws, rules and regulations. Void where prohibited or restricted by law, rule or regulation.
2. ENTRY PERIOD; HOW TO ENTER: The Contest begins at 12:00 PM Eastern Time (“ET”) on June 3, 2022 and ends at 11:59 PM ET on July 6, 2022 (“Entry Period”).
During the Entry Period, entrants (“Entrant(s)”) can submit an entry to the Contest (each, an “Entry”) by (a) visiting the Contest website landing page at https://woobox.com/7mtbrj; b) completing the Contest registration form; (c) uploading an original photo that is automotive-related, artistic and complies with all the photo contest rules and restrictions set forth in Section 4 and Section 5 below; (d) if images of third parties appear in the Entry, Sponsor may require the Entrant to provide, as part of the Entry (in order to be a valid Entry), a signed and executed Release Agreement granting permission to photograph and record any third parties’ likeness; and (e) agreeing to these Official Rules. Once submitted, an Entry cannot be deleted, canceled, or modified. For an Entry to constitute a valid Entry, an Entrant must follow the provided instructions and supply any and all information required by Sponsor in its sole discretion. Entrants cannot submit an Entry on behalf of a third party.
3. ENTRY LIMIT; ENTRY CONDITIONS: You may submit only one (1) Entry throughout the Entry Period.
Multiple Entrants are not permitted to share the same email address. Any attempt by any Entrant to obtain more than one (1) Entry by using multiple/different email addresses, identities, registrations and logins, or any other methods will void all of Entrant's additional Entries, after the first eligible Entry, and that Entrant’s additional Entries will be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the Entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each winner may be required to show proof of being an authorized account holder.
4. CERTAIN ENTRY AND CONTENT TERMS:
i. Each Entry must be (a) automotive-related, artistic and cannot show any other tire brand other than Toyo Tires; (b) formatted as .JPG or .PNG, under 50MB total, able to print at a minimum 36”x 24” with 300 DPI and/or 2160 pixels x 1215 pixels in landscape or portrait for the best quality; (c) an original creation owned by the Entrant who is submitting the Entry; (d) under no restriction, contractual or otherwise, that will prevent Sponsor’s use of the Entry; and (e) free of any and all liens, encumbrances and claims of third parties.
ii. Entrant assumes all risks associated with the creation and production of the Entry. Sponsor is not responsible for any injury, damages, expenses or death incurred in the production, creation or delivery of the Entries. Entrant must comply with all applicable laws and behave in a safe and responsible manner in the production and creation of the Entry.
iii. Entrant agrees and understands that Entries will be made available to the public, including without limitation, posting on the Internet and public displays. Whether or not Entries are published/displayed on the Internet or elsewhere, Sponsor does not covenant or guarantee any confidentiality with respect to any Entries.
iv. Entrant acknowledges, agrees and warrants that, (a) Entrant’s Entry and all content thereof is the original owned work of Entrant (the “Entry IP”); (b) if images of third parties appear in the Entry, Sponsor may require the Entrant to provide, as part of the Entry (in order to be a valid Entry), a signed and executed Release Agreement granting permission to photograph and record any third parties’ likeness; (c) Entrant owns or has properly licensed all right, title and interest in the Entry IP; (d) the Entry IP does not infringe upon any intellectual property rights or other rights of any third party or violate any applicable laws; (e) nothing in the Entry infringes or violates any person's rights of privacy or publicity and that all necessary releases and permissions have been secured; (f) the Entry IP is not subject to any actual or threatened litigation or claim; and (g) Entrant maintained significant personal control over the content and aesthetics of the Entry (producing, editing, etc.). Entrant agrees to indemnify and hold harmless each of Sponsor and Administrator, and each of their respective owners, officers, directors, and employees, from and against any and all claims, demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon or arise out of any breach by Entrant of these Official Rules or the representations or warranties made by Entrant. Modifying, enhancing or altering a third party’s preexisting work does not qualify as Entrant’s original work.
v. By entering the Contest and/or submitting an Entry, Entrant hereby grants to Sponsor a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, reference, store, cache, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Entry in any form, medium or technology now known or later developed, in whole or in part, for any purposes. You agree that neither Sponsor nor any third party has any obligation to provide any compensation to you for your Entry or the licenses granted herein. In addition, Entrant warrants that any so called “moral rights” in the Entry have been waived and Entrant acknowledges and agrees that Sponsor may use any submitted materials, whether or not Entrant has been awarded a prize in connection with any such Entry. Entrant agrees to release, defend, indemnify and hold harmless each of Sponsor and Administrator, and each of their respective owners, employees, directors, officers, agents, subcontractors, and licensees from any and all claims, demands, and causes of action of any nature whatsoever which Entrant or Entrant’s heirs, representatives, executors, administrators, or any other persons acting on Entrant’s behalf or on behalf of Entrant’s estate, have or may have by reason of: (a) Sponsor’s exercise of any rights granted by Entrant in this paragraph; (b) claims based on violation of any right of publicity or rights of personality, infringement of any third party intellectual property right, libel, slander, defamation, invasion of privacy, loss of earnings or potential earnings in connection with Sponsor’s use of the Entry and any portion thereof, or the likeness of any natural person therein.
vi. Entrants are responsible for securing necessary permissions, location releases, and licenses for any visual material contained in the Entries.
5. ENTRY CONTENT RESTRICTIONS: Entries must not contain material that:
i. Contains an image or likeness of any person other than the Entrant, unless the Entrant provides a signed and executed Release Agreement granting permission to photograph and record said person’s likeness;
ii. Contains a tire brand other than Toyo Tires;
iii. References tobacco, smoking or smoking products or alcoholic beverages, or otherwise contains or depicts someone smoking or intoxicated;
iv. Violates or infringes another’s rights, including without limitation, privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
v. Contains material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
vi. Contains any unacceptable clothing or adornments, or displays any commercial/corporate advertising other than that of Sponsor (including but not limited to corporate logos, brand names, trademarks, slogans, political, personal and religious statements);
vii. Contains indecent, violent, or unsafe behavior or situations, profanities or obscenities, including but not limited to nudity, or pornography, or is otherwise inappropriate, indecent, profane, obscene, hateful, tortuous, slanderous or libelous;
viii. References persons or organizations without their written permission;
ix. Disparages any persons or organizations;
x. Includes threats to any person, place, business, or group; or
xi. Is unlawful, in violation of or contrary to all applicable federal, state, or local laws and regulations.
If you are a copyright owner and you believe your copyrighted materials have been used in a way that constitutes copyright infringement, please see our DMCA Notice Policy.
Without limitation, Sponsor reserves the right in its sole discretion to disqualify any Entry that, in their sole opinion, refers, depicts or in any way reflects negatively upon the Sponsor, the Contest or any other person or entity, does not comply with these Official Rules or if Sponsor receives notification about any potential infringements or breaches of law or any other reason set forth herein.
Entries that are incomprehensible, inappropriate for any reason, corrupted, late, illegible, mechanically reproduced, contain false information, damaged, misdirected, mutilated, garbled or incomplete, altered, contain disparaging or inappropriate information, or otherwise irregular in the sole discretion of Sponsor, that have been submitted or generated using robotic, programmed, script, or any other automated means, or illicit means, or do not conform with or satisfy any or all of the conditions set out in the Official Rules, as determined by Sponsor in its sole and absolute discretion, may be judged void and disqualified.
6. WINNER SELECTION: All Entries received during the Entry Period will be judged by a panel of Sponsor’s marketing employees who are skilled in the field of creative marketing, media and advertising selected solely by Sponsor, in its discretion (the “Committee”). Photography Entries submitted must be in black and white, primarily representing subjects only in varying shades of neutral gray and include no other colors in order to comply with the contest’s “black and white” theme requirement. Entries will be judged by the Committee according to the following factors: (a) originality of the photo (40%); (b) artistic composition and technical aspect of the photo (40%); (c) embodiment of Toyo Tires’ brand and lifestyle image (20%). Entries must be black and white to comply with the theme of the contest. Any Entry with color will not be eligible for the Contest. The Committee will evaluate the Entries based on the above factors and select the one (1) First Place Entry and nineteen (19) Finalists Entries. Such Entries will be considered the “winners”. In the event of a tie, the Committee will re-evaluate the tied Entries according to the criteria until the tie is broken. The winners will be determined by the Committee on or about August 5, 2022.Any decision of the Committee is final with respect to selecting the winners.
Sponsor will not be engaging an independent judging organization. Sponsor’s decisions as to the administration and operation of the Contest and the selection of the winners are final, binding and non-appealable. All winners will be notified by email on or about August 5, 2022, or as soon thereafter as reasonably practicable. Except where prohibited, each winner may be required to sign and return an Affidavit of Compliance and/or a Liability and Publicity Release (collectively the “Affidavit and Release”) which must be received by Sponsor, within five (5) days of the date notice or attempted notice is sent, in order to claim the prize. If a winner of any prize cannot be contacted, or fails to sign and return the Affidavit and Release within the required time period, the winner forfeits the prize. Receiving a prize is contingent upon compliance with these Official Rules. In the event that a winner is disqualified for any reason, the forfeited prize will remain unawarded or Sponsor may award the prize to an alternate winner in the Sponsor’s sole discretion. Sponsor will contact winners immediately after winners are officially confirmed to make arrangements for prize fulfillment.
7. PRIZES: The following prizes will be awarded:
i. Grand Prize: One (1) Grand Prize will be awarded to the First Place Entry. The Grand Prize consists solely of (a) being displayed and featured at Sponsor’s “Shutter Space Collaborative Car Meet & Automotive Photo Gallery” on August 27, 2022 in the Southern California area of the contiguous United States (the “Event”), (b) a $3,000 Adorama Gift Card to use solely on Adorama’s online store, (c) a Adorama Flashpoint XPLOR 600 Lighting Kit, (d) a Pelican 1535 Air Carry-On Case w/ Trekpak Dividers, and (e) an exclusive Toyo Tires branded DSPTCH camera strap. The approximate retail value (“ARV”) of the Grand Prize is $4,483.00. Actual value may vary and any difference in value will not be awarded.
ii. Finalist Prizes: Nineteen (19) Finalist Prizes will be awarded to the Finalist Entries. Each Finalist Prize consists of (a) being displayed at the Event, (b) a $200 Adorama Gift Card to use solely on Adorama’s online store, (c) a Pelican V100C Vault Equipment Case, and (d) an exclusive Toyo Tires branded DSPTCH camera strap. The ARV of each Finalist Prize is $294.00.
Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize (or a component thereof) for one of equal or greater value if the designated prize should become unavailable for any reason. Actual prize may differ from promotion images. Winner will be solely responsible for all, as applicable: sales tax and all other federal, state, local or other tax liabilities; and all other fees and expenses associated with receipt and use of any prize. Sponsor makes no representation or warranty that any of the prizes can be sold, bartered, or traded for at the stated ARV. Values are subject to market conditions, which can fluctuate and any difference between actual market value and ARV will not be awarded. All prizes are awarded “AS IS.” Sponsor has not made and is not responsible for any warranties, representations, or guarantees, express or implied, in fact or law, relating to the prize, including, without limitation, their quality, mechanical condition, merchantability, or fitness for a particular purpose. No transfer, substitution or cash equivalent for the prize is allowed, except at Sponsor's sole discretion.
LIMIT: One (1) prize per person. Sponsor shall use reasonable efforts to deliver any prizes four to six (4 – 6) weeks after the selection of the winners. Total ARV of all Finalist Prizes and Grand Prize is $10,069.00.
FINALIST PRIZES CONDITIONS: All Finalist Prizes details shall be determined in the sole and absolute discretion of Sponsor. The Winners are fully responsible for any and all applicable federal, state, and local taxes (including income and withholding taxes). No transfer, substitution or cash equivalent for the Finalist Prizes is allowed. Sponsor reserves the right to substitute the Finalist Prizes (or any portion thereof) with a prize of comparable or greater value at its sole and absolute discretion.
GRAND PRIZE CONDITIONS: All Grand Prize details shall be determined in the sole and absolute discretion of Sponsor. The Winner is fully responsible for any and all applicable federal, state, and local taxes (including income and withholding taxes). No transfer, substitution or cash equivalent for the Grand Prize is allowed, except at Sponsor’s sole discretion. The Grand Prize is non-transferable and non-assignable, with no cash redemptions except at Sponsor’s sole and absolute discretion. Sponsor reserves the right to substitute the Grand Prize (or any portion thereof) with a prize of comparable or greater value at its sole and absolute discretion. Winner agrees to comply with all applicable regulations in connection with the Grand Prize.
GIFT CARDS: The Gift Cards are subject to terms, conditions and policies specified by the gift card issuer. Such terms and conditions may include any or all of the following, as well as others: gift cards may not be redeemable for cash, or used for payment on accounts, or used for the payment of prior purchases; cards are non-refundable; purchases and amounts spent or deducted from a gift card balance may be non-refundable; gift cards may expire on a designated date; and gift cards may be redeemable only by legal residents of the United States. Use of a Gift Card constitutes acceptance of the gift card issuer’s terms, conditions and policies, and as such, each winner of a Gift Card should carefully read the terms, conditions and policies either enclosed in the gift card packaging materials or provided electronically in the case of any electronic gift card as well as described on the website URL listed on the back of the gift card or provided electronically in the case of any electronic gift card. Each Winner should also safeguard the Gift Card as he/she would any other valuable item and treat it the same as cash. The Gift Card is useable up to its balance only.
8. FINALISTS AND GRAND PRIZE NOTIFICATIONS: The potential Finalist Prizes and Grand Prize winners will be notified at the email address, postal address and/or telephone number (in the sole discretion of Sponsor and/or Administrator) provided at the time of entry (the "Prize Notification"). In the event that any potential winners do not respond to any such Prize Notification within three (3) days of the date of issuance or declines the Prize for any reason, a disqualification will result, the Prize will be forfeited and, at Sponsor’s sole discretion and time permitting, an alternate potential winner may be selected by the Committee pursuant to Section 5.
9. FINALISTS AND GRAND PRIZE IDENTIFICATIONS: The potential Finalist Prizes and Grand Prize winners will be required to submit his/her valid social security number and/or other identification to Sponsor and/or Administrator and will be required to execute, have notarized and return an Affidavit and Release, unless prohibited by law, within five (5) days of the date of issuance. Failure to submit any identification required by Sponsor and/or Administrator or to return the required documents within the specified time period, non-compliance with these Official Rules or the return of the Finalist Prizes and/or Grand Prize (or any portion thereof).
10. 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, Administrator, Facebook, Inc., Twitter, Inc., and each of their respective parents, 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 Finalist Prizes and Grand Prize (or any portion thereof) or any travel or activity related to the receipt or use of the Finalist Prizes and Grand Prize (or any portion thereof), including without limitation, any personal injury, death or damage to persons or property.
You further understand and agree that all rights under Section 1542 of the Civil Code of California ("Section 1542") and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
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. Winners, by acceptance of the Finalist Prizes and Grand Prize, grants to Sponsor, Administrator, and each of their respective designees the right to publicize each Winner’s name, address (city and state/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.
11. 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 Finalist Prizes and Grand Prize or in any Contest-related materials, or the cancellation or postponement of the Event. 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 Administrator, or who are in violation of these Official Rules, as solely determined by Sponsor and/or Administrator, 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, Administrator, and/or their respective agents. Sponsor and/or Administrator 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 Finalist Prizes or Grand Prize (or any portion thereof), and (b) disclaim any implied warranty. Sponsor’s and/or Administrator’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Sponsor reserves the right to modify, amend, suspend or terminate the Contest , these Official Rules (or any portion thereof) in the event that it becomes necessary due to circumstances beyond Sponsor’s control, or unforeseen events, as determined by Sponsor in its sole and exclusive discretion, including without limitation, viruses, bugs, clarification, unauthorized human intervention, Acts of God, pandemic, epidemic, “shelter in place” and similar orders and other government actions. In the event of cancellation, Sponsor may elect to identify the winners and award the Finalist Prizes or Grand Prize by way of Section 6 from among all non-suspect, eligible entries received up to the time of such cancellation.
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, AND 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.
As a condition of entering this Contest, each entrant agrees that (i) any and all disputes, claims, controversies or causes of action arising out of or relating to this Contest, or any prizes awarded (each, a "Claim"), shall be (1) arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party, and (2) settled by binding arbitration in Orange County, California before a single arbitrator appointed by the American Arbitration Association in accordance with its then governing rules and procedures, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof; and (ii) under no circumstance will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than for actual out-of-pocket expenses. These Official Rules shall be governed by and construed and interpreted in accordance with the laws of the State of California, U.S.A, applicable to contracts entered into and performed exclusively in that State.
12. WINNERS LIST: For the names of the Winners, email a request to be received by August 27, 2022, to: ToyoTiresPromotions@Gmail.com; Attn: Toyo Tires Shutter Space Automotive Photo Gallery.
13. SPONSOR: The Sponsor of this Contest is Toyo Tire U.S.A. Corp., 5665 Plaza Drive, Suite 300, Cypress, California 90630.