OFFICIAL RULES (“OFFICIAL RULES”)
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED.
ELIGIBILITY: The 2021 Toyota + Charleston Wine + Food Sweepstakes (the “Sweepstakes”) is open to legal residents of the continental United States, excluding legal residents of the State of New York, who are 21+ years of age at time of Entry, as defined below (”Entrant”). Employees of Toyota Motor Sales, U.S.A., Inc. (the “Sponsor”) or Charleston Wine + Food (“Host”), their respective affiliates, subsidiaries, advertising and promotion agencies, suppliers, and their immediate family members and/or those living in the same household of each are not eligible to participate in the Sweepstakes.
AGREEMENT TO OFFICIAL RULES: By participating, Entrants agree to be fully unconditionally bound by these Official Rules and represent and warrant that they meet the eligibility requirements set forth herein. The Sweepstakes is subject to all applicable federal, state, and local laws.
SWEEPSTAKES PERIOD: Entries, as defined below, will be accepted online starting on March 11, 2021 at 9:00 AM and ending May 14, 2021 at 5:00 PM (“Sweepstakes Period”). All Entries must be received by May 14, 2021 at 5:00 PM. All times are (GMT-05:00) Eastern Time (US & Canada).
HOW TO ENTER: Entrants must submit an online entry to the Sweepstakes by completing and submitting the online entry form provided at https://charlestonwineandfood.com/enter-for-chance-to-win-new-toyota-venza-chswff-prize-package (an “Entry”). Entries must fulfill all Sweepstakes requirements, as specified, to be eligible for a chance to win. Entries that are not complete or do not adhere to the rules or specifications may be disqualified at the discretion of Sponsor and/or Host. One Entry per Entrant during the Sweepstakes Period. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules. If Entrant use fraudulent methods or otherwise attempt to circumvent the rules Entrant’s submission may be removed from eligibility at the discretion of Sponsor and/or Host.
ODDS OF WINNING THE PRIZE: Odds of winning is dependent on the total number of eligible Entries received.
WINNER SELECTION AND NOTIFICATION: Winner of the Sweepstakes will be selected in a random drawing by Host on or about May 17, 2021 (“Winner”). Winner will be notified by Sponsor and/or Host via email to the email address provided on his/her Entry. Neither Sponsor nor Host shall have responsibility for the Winner’s failure to receive notices due to Winner’s spam, junk email, or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If the selected Winner cannot be contacted, is ineligible, or fails to claim the prize within 7 days from the time award notification was sent, Prize may be forfeited and an alternate winner selected. The receipt by Winner of the Prize offered in this Sweepstakes is conditioned upon compliance with any and all federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT SPONSOR’S AND/OR HOST’S DISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATIONS AS WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
PRIZE: The prize consists of the following elements (collectively, “Prize”):
A 2021 Toyota Venza XLE with a manufacturer’s suggested retail price of $39,570 (“Vehicle Prize”)and a 2022 Charleston Wine + Food Festival prize package with an approximate retail value (“ARV”) totaling $3,390 (“CHS WFF Prize Package”), as further described below:
VEHICLE PRIZE: The depiction of the Vehicle Prize in any advertising or promotional materials may not reflect the actual Vehicle Prize delivered to the Winner. Sponsor will determine all features of Vehicle Prize, including, but not limited to, color of exterior and interior, and all other features or upgrades will be allowed only if permitted by delivery dealer and paid for by Winner. Winner must be a U.S. licensed driver and will be required to provide proof of valid U.S. driver’s license and legally required insurance at time of delivery (or an alternative winner shall be selected if applicable and the original winner’s rights to the Vehicle Prize shall be automatically forfeited). Sponsor is responsible for the applicable federal, state and local sales taxes due on the Vehicle Prize ARV prior to delivery to Winner and Winner’s receipt and acceptance of the Vehicle Prize. Winner is responsible for title, license, registration, dealer preparation costs, auto insurance and other fees associated with Vehicle Prize as well as any taxes that may be due after Winner takes delivery of the Vehicle Prize. Winner must complete, have notarized, and submit a Winner Affidavit of Eligibility and Liability/Publicity Release (attached hereto as Exhibit A) to Sponsor within seven (7) days of it having been provided to Winner. Sponsor and Host and each of their respective parents, subsidiaries and affiliated companies (the “Sweepstakes Entities”) shall not have any responsibility or liability whatsoever for any property loss, damage, personal injury, or death, in connection with the Vehicle Prize provided pursuant to the Sweepstakes and/or any person’s participation in the Sweepstakes; provided, however, that Sponsor shall be solely responsible for any express-written limited warranties specifically set forth in the applicable Owner’s Guide for the Vehicle Prize. Winner must take delivery of Vehicle Prize from the automobile dealership designated by Sponsor. Sponsor shall not be responsible for delays in delivery of the Vehicle Prize, and delivery is subject to availability. Sponsor, however, shall use all reasonable efforts, subject to availability, to deliver the Vehicle Prize within one hundred twenty (120) days of completion of verification process. The Winner shall bear all risk of loss or damage to the Vehicle Prize after it has been delivered to the specified delivery site. The Winner must personally retrieve the Vehicle Prize within thirty (30) days of written notification of delivery. Vehicle Prize is non-transferable and no substitution or cash equivalent is allowed except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the Vehicle Prize for one of comparable or greater value, at its sole discretion. Winner is responsible for costs and fees associated with Vehicle Prize receipt and/or use not specified herein as being awarded.
CHSWFF PRIZE PACKAGE:
- Two (2) tickets to three (3) events for Winner and his/her guest* during the 2022 Charleston Wine + Food Festival (total of six (6) tickets) to be selected by Host (ARV = $690);
- One (1) $200 gift certificate to a local restaurant, to be selected by Host (ARV = $200);
- One (1) 2-night stay valid only March 4 and 5, 2022 at a local Charleston hotel to be selected by Host (ARV = $1,000); and
- One (1) $1,500 Visa gift card for travel expenses, gas and incidentals (ARV = $1,500).
*Winner’s guest (who will participate in the CHS WFF Prize Package with Winner) must be at least 21 years of age in order to participate (“Guest”). Guest must complete, have notarized, and submit the Guest Affidavit of Eligibility and Liability/Publicity Release (attached hereto as Exhibit B) to Sponsor within seven (7) days of it having been provided to Winner (who has the responsibility to provide to Guest for completion, notarization and submission to Sponsor on his/her behalf).
WINNER AND GUEST CONDUCT: Winner and Guest shall conduct themselves at the 2022 Charleston Wine + Food Festival (“Festival”) and all related CHS WFF Prize Package activities with due regard to the public conventions and morals. They shall not, during CHS WFF Prize Package acceptance and participation, commit an offense involving moral turpitude under local laws or ordinances. Winner and/or Guest shall not commit any act that will tend to degrade the Sweepstakes Entities in society or bring the Sweepstakes Entities into public hatred, public disrepute, contempt, scorn, or ridicule, or that will tend to shock, insult or offend the community or public morals or decency or incite prejudice. In the event the Winner and/or Guest engage in behavior that (as determined by Sweepstakes Entities in their discretion) is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, the Sweepstakes Entities reserve the right to terminate the CHS WFF Prize Package or other participation of CHS WFF Prize Package acceptance early and send the Winner and/or Guest home with no further obligation related to the CHS WFF Prize Package.
If the Festival is cancelled or postponed for any reason, Host reserves the right, in its sole discretion, to either: (a) award the CHS WFF Prize Package, excluding admission to the Festival; or (b) to change the dates of the CHS WFF Prize Package to accommodate an alternate Festival date, if applicable. Winner and Guest agree to participate in the CHS WFF Prize Package at their own risk. Sweepstakes Entities will not replace any lost or stolen tickets relating to CHS WFF Prize Package. Any costs of accepting and using the CHS WFF Prize Package exceeding the allowance provided herein shall be the sole responsibility of Winner. For the avoidance of doubt, Winner shall be solely responsible for all costs, expenses, and incidentals associated with CHS WFF Prize Package acceptance and use, including, but not limited to, ground transportation, meals, beverages, gratuities, phone calls, insurance, taxes, and any other expenses not specifically mentioned as being included.
If any element of the Prize cannot be awarded due to circumstances beyond the control of the Sponsor and Host, substitute Prize element(s) of equal or greater retail value may be awarded at the discretion of Sponsor and/or Host. The Sweepstakes Entities shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience, or other irregularity that may be caused or contributed to (a) by wrongful, negligent, or unauthorized act or omission on the part of any of the independent Prize suppliers or any of their agents, servants, employees, or independent contractors, (b) by any defect in or failure of any vehicle, equipment, instrumentality, service, product, or accommodation that is owned, operated, furnished, or otherwise used by any of the Prize suppliers, (c) by the wrongful, negligent, or unauthorized act or omission on the part of any other person or entity not an employee of the Sweepstakes Entities, or (d) by any cause, condition, or event related to the Prize whatsoever beyond the control of the Sweepstakes Entities. ALL COSTS AND EXPENSES, ASSOCIATED WITH THE RECEIPT OR USE OF ANY ELEMENT OF THE PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER. Winner cannot assign or transfer any element of the Prize to another person. No cash alternatives or substitutions allowed except at the discretion of Sponsor and/or Host. All Prize-related elements are subject to availability. Other restrictions may apply. Any depictions of any element of the Prize is for illustrative purposes only.
Terms: Sponsor and/or Host reserve the right, in their discretion, to cancel, terminate, modify, or suspend the Sweepstakes should (in its sole discretion) a virus, bugs, non-authorized human intervention, fraud, or other causes beyond its control corrupt or affect the administration, security, fairness, or proper conduct of the Sweepstakes. In such case, Sponsor and/or Host reserve the right to disqualify any individual who tampers or attempts to tamper with the Entry process or the operation of the Sweepstakes or website or violates these Terms & Conditions, including, but not limited to, multiple Entries from the same user from different IP addresses; multiple Entries from the same computer in excess of that allowed by these Official Rules; or the use of bots, macros, or scripts or other technical means for Entering. Should an Entrant attempt to deliberately damage any web site or undermine the legitimate operation of the Sweepstakes, the Sponsor and Host reserve the right to seek damages from any such person to the fullest extent permitted by law.
CONDITIONS OF PARTICIPATION/RELEASES: Each Entrant hereby releases the Sweepstakes Entities and each of their respective parent companies, affiliates, divisions, subsidiaries, agents, representatives, promotion and advertising agencies and each such company’s employees, owners, shareholders, officers and directors (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 any element of the Prize. Winner hereby grants to the Sponsor and Host and their designees, the irrevocable, royalty-free right and license to use his/her photo, video, name, voice, likeness, biographical data or information, city and state of residence and Entry materials in advertising, marketing, programming, research or promotional activities, worldwide in perpetuity, and on a Winner’s list, if applicable, without further compensation, unless prohibited by law. Winner may be asked to participate in select publicity activities, as determined at the discretion of Sponsor and/or Host. Sponsor and/or Host 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 any element of the Prize or resulting from acceptance, possession or use of any element of the Prize, including participation in any Prize-related 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 element of the Prize (or portion thereof) for any reason, such Prize or element 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 Entering, participating in or accessing or downloading information in connection with this Sweepstakes.
9. 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 Plano, Texas 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.
11. WINNER NOTICE/OFFICIAL RULES: To obtain the Winner’s name or a copy of these Official Rules, send a request via email to firstname.lastname@example.org or with a stamped, self-addressed envelope to “2021 Toyota + Charleston Wine + Food Sweepstakes Winner/Rules, Attn: Nysa Hicks, 635 Rutledge Ave., Suite 202, Charleston, SC 29403. Any requests for Winner notice and/or Official Rules must be received no later July 31, 2021.