Toyota Motor Sales, U.S.A., Inc.
2007 TMX Toyota Athlete Program
Official Rules, Terms and Conditions
NO SEPARATE ENTRY FEE, PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO PARTICIPATE IN THE TMX TOYOTA ATHLETE PROGRAM.
1. PROGRAM SUMMARY. The TMX Toyota Athlete Program (the “Program”) is a program of Toyota Motor Sales, U.S.A., Inc. (“Sponsor”) that is intended to help riders competing in American Motorcyclist Association (“AMA”)-sanctioned amateur motocross, supercross and arenacross races (collectively, “Sanctioned Races”) get recognized and move forward in the sport. The 2007 Program will be conducted in five (5) stages, with each stage being open to eligible and qualifying riders as described below. In Stages 1, 2, 3 and 4, riders will be eligible for exposure opportunities and/or awards. In Stage 5, one (1) rider will be selected from a final pool of riders by a judging panel to be a “TMX Professional Team Rider” for the 2008 AMA motocross and supercross seasons; which rider, pursuant to sponsorship and team participation agreements to be entered into by the rider with Sponsor and the Sponsor-selected professional motocross and supercross team (the “TMX Team”), will be given the opportunity to ride as a Toyota sponsored rider on a professional motocross and supercross team during the 2008 AMA motocross and supercross seasons (and if requested by Sponsor and/or the TMX Team, for the balance of the 2007 calendar year), receive an award of a Sponsor-provided pickup truck, and be eligible for other exposure opportunities. This Program Summary is qualified by and is subject in its entirety to the detailed rules, terms and conditions set forth below in these Official Rules, Terms and Conditions. The Program is void outside the forty-nine (49) continental United States (i.e., excluding the State of Hawaii) and the District of Columbia; and where prohibited or restricted by law.
2. AGREEMENT TO OFFICIAL RULES, TERMS AND CONDITIONS, AND DECISIONS. By participating in the Program, each participant (and if the participant requires a Parental/Guardian Consent and Release for Program registration as described in Section 5(a) (“Stage 1 – Program Registration”) below, then also such participant’s parent or legal guardian) fully and unconditionally agrees to be bound by and accepts these Official Rules, Terms and Conditions, and the decisions of Sponsor and its judges (including, without limitation, decisions regarding eligibility of registrations, eligibility for Program participation at any stage and awards and benefits, and the selection of award recipients and the TMX Professional Team Rider), which are final and binding in all respects. Each participant (and if applicable, such participant’s parent or legal guardian) must comply with these Official Rules, Terms and Conditions, and participation in the Program and receipt of any award or benefit in the Program is contingent on fulfilling all requirements hereunder.
3. ELIGIBILITY.
a. Program Participation. Participation in the Program is open only to participants who, as of the date of registration in the Program, are legal residents of the forty-nine (49) continental United States (i.e., excluding the State of Hawaii) or the District of Columbia, are at least fifteen (15) years old as of January 5, 2007, and are eligible to participate in a 2007 Sanctioned Race. Further, the following individuals are not eligible to participate in the Program at any time or receive any award or benefit in the Program: (i) individuals who have a sponsorship, endorsement or other promotional agreement with any manufacturer, dealer, lessor or distributor of automobiles, trucks, SUVs or vans; and (ii) employees, officers and directors of Sponsor, or its parents, subsidiaries, affiliates, dealerships, dealer associations, advertising or promotion agencies, and the immediate families (defined as parents, spouses, children, siblings, grandparents, and their respective spouses) or members of the same household (whether related or not) of each such employee, officer and director. Participants who are under the age of twenty-one (21) at the time of registration must be registered by the participant’s parent or legal guardian in the manner described below, which registration constitutes the parent or legal guardian’s consent to the participant’s participation in the Program, and the agreement of the participant and his/her parent or legal guardian to Section 2 (“Agreement to Official Rules, Terms and Conditions, and Decisions”) above.
b. Program Awards and Benefits. In addition to the Program participation eligibility requirements above, to be eligible to receive an award or benefit in a stage of the Program, a participant (i) must be registered in the Program by the following dates: (A) for Stage 1 and Stage 2 benefits, at any time during the Program Period, and (B) for Stage 3, Stage 4 or Stage 5 benefits, on or before July 6, 2007, and (ii) must also meet the eligibility, and award and benefit receipt criteria for the applicable Program stage described below.
c. Additional Requirements for Stages 4 and 5. To be eligible to receive an award or benefit in Stage 4 and to participate in Stage 5, a participant must, in addition to satisfying the requirements listed in Sections 3(a)-(b) above (“Program Participation; Program Awards and Benefits”), also (i) be at least sixteen (16) years old as of January 5, 2008, (ii) otherwise be eligible to apply for an AMA Pro license for the 2008 AMA motocross and supercross seasons, (iii) not have a contract with any professional motocross, supercross or arenacross team or motorcycle original equipment manufacturer with respect to any time period after the end of the 2007 AMA motocross and supercross seasons; (iv) not have a sponsorship, endorsement or other promotional agreement with any third party with respect to any time period after the end of the 2007 AMA motocross and supercross seasons; (v) execute and deliver to Sponsor at the time and in the manner as specified by Sponsor, an Affidavit of Eligibility and Liability/Publicity Release (a “Release”) (a copy of which is available by clicking here, and by this reference is incorporated herein and made a part of these Official Rules, Terms and Conditions) and (vi) execute and deliver to Sponsor at the time and in the manner as specified by Sponsor the TMX Team Rider Agreement (the “Team Rider Agreement”) (a copy of which will be available on or before April 15, 2007 by clicking here, and by this reference is incorporated herein and made a part of these Official Rules, Terms and Conditions) and the Toyota Rider Sponsorship Agreement (the “Toyota Sponsorship Agreement”) (a copy of which is available by clicking here, and by this reference is incorporated herein and made a part of these Official Rules, Terms and Conditions). If a participant is under the age of twenty-one (21) at the time the Release, the Team Rider Agreement and/or the Toyota Sponsorship Agreement are executed and delivered to Sponsor, the participant’s parent or legal guardian shall also execute and deliver the Release, the Team Rider Agreement and the Toyota Sponsorship Agreement on behalf of the participant and on behalf of the parent or legal guardian. The Team Rider Agreement and the Toyota Sponsorship Agreement are conditional and of no effect unless and until the delivering participant is selected as the Stage 5 Program TMX Professional Team Rider as described below. The Team Rider Agreement and the Toyota Sponsorship Agreement contain the terms, conditions and restrictions of such team membership and such sponsorship, and are an integral part of the Stage 5 award. Sponsor reserves the right to conduct a background check on any or all potential recipients of a Stage 4 award and/or any or all Stage 5 participants, and Sponsor reserves the right in its sole discretion to disqualify any individual based on such background check if Sponsor determines in its sole discretion that awarding any award or benefit to any such individual might reflect negatively on Sponsor, the Program, or any other Program award or benefit provider.
d. Costs. There are no separate entry fees to participate in the Program. However, a participant is responsible for the participant’s own costs and expenses of racing in Sanctioned Races (including, without limitation, travel, lodging, race entry fees, and all other costs and expenses of the participant with respect to the participant’s racing and related activities); it being acknowledged and agreed by each participant that such costs would be incurred by the participant regardless of the participant’s participation in the Program.
4. TIMING. The Program begins with Stage 1 registration commencing on January 13, 2007 and ends on August 3, 2007 with the announcement of the Stage 5 TMX Professional Team Rider award (the “Program Period”).
5. HOW TO PARTICIPATE IN THE PROGRAM; PROGRAM STAGES.
a. Stage 1 – Program Registration. Beginning at 12:01 a.m. Mountain Time (“MT”) on January 13, 2007, eligible participants may begin to register for participation in the Program. To register, go to www.ridetmx.com (the “TMX Website”) (or go to www.toyotacross.com and click on the Program link to be directed to the TMX Website) and follow the links and instructions for Program registration. Completely fill out the Program registration form and submit it in accordance with the on-screen instructions. Each participant will have the option of submitting a photo with the participant’s registration (photo requirements and restrictions are posted at the TMX Website, including without limitation, a requirement for submission of a Photo Submission Release; click here for those materials; which materials by this reference are incorporated herein and made a part of these Official Rules, Terms and Conditions); providing a photo is not necessary to register or participate in the Program. Additionally, in connection with the registration process, a participant may be asked to consent to receive promotional emails, mailings and other information about Sponsor and/or its partners; consenting to receive such emails, mailings and information is optional, and is not necessary to register or participate in the Program (for additional information, see Section 12 (“Data Collection”) below). LIMIT: One (1) registration per person. If a participant is under the age of twenty-one (21) at the time of registration, the participant’s parent or legal guardian must register the participant; which will require, in addition to the on-line registration process described above, that the participant’s parent or legal guardian completely fill out, sign and have notarized a Parental/Guardian Consent and Release (a “Parental Consent”) which must then be delivered to Sponsor, all in accordance with the form and instructions located on the TMX Website, which are available by clicking here (which by this reference is incorporated herein and made a part of these Official Rules, Terms and Conditions). A participant who requires a Parental Consent will NOT be registered in the Program until his Parental Consent is received as provided above. An eligible participant may register at any time during the Program Period and be eligible for Stage 1 benefits; provided, however, in order to be eligible for any other Program stage benefits, an eligible participant must also meet the eligibility, and award and benefit receipt criteria for such Program stage described above and below, including, without limitation, the Program registration time limits set forth in Section 3(b) (“Program Awards and Benefits”) above. All registrations must be received during the Program Period, and Sponsor’s computer shall be the official time keeping device. By submitting a registration, a participant consents to Sponsor’s and its assigns’ use of participant’s registration information and materials (including any portion thereof) for the Program and promotional purposes in any manner or media whether now existing or hereafter created (including, without limitation, online participant “Rider Profiles” (if participant has elected to create a Rider Profile) and Program participation results), worldwide, in perpetuity, and without further payment, consideration or consent. Sponsor reserves the right for itself and its assigns to edit, modify, or abridge any such registration information and materials for any reason prior to any use. Submitting mass registrations or registrations generated by a script, macro or use of automated devices is prohibited and will result in disqualification. All registrations and registration materials become the exclusive property of Sponsor and none will be acknowledged or returned. Proof of online submission will not be deemed to be proof of receipt of registration by Sponsor. Internet access fees may apply. Entries from ineligible individuals or made with fake, stolen, or fraudulent identities are void. All submissions in the Program by a participant shall be in English. Any submission that does not comply with any aspect of these Official Rules, Terms and Conditions may be rejected by Sponsor and the participant may be disqualified. FOR PARTICIPANTS IN THE 2006 PROGRAM: 2006 Program participants will have the opportunity to update and use their 2006 Program Rider Profile for the 2007 Program; however, in order to be registered in the 2007 Program, an eligible participant must satisfy all other 2007 Program registration criteria and requirements in these Official Rules, Terms and Conditions (including, without limitation, submission of a Photo Submission Release if a participant desires to submit a photo or use a prior year’s photo, and, if applicable, a Parental/Guardian Consent and Release).
b. Stage 2 – Holeshot. Stage 2 participants must be eligible for and race in Sanctioned Races during the 2007 AMA motocross, supercross and arenacross seasons in any of the following twenty-two (22) AMA classes: MX Lites A; MX Lites A/Pro Sport; MX Lites B Stock; MX Lites B Modified; Motocross A; Motocross A/Pro Sport; Motocross B Stock; Motocross B Modified; Four Stroke; Junior 25 Plus; Vet B/C 30 Plus; Vet 35 Plus; Senior 40 Plus; Senior 40 Plus; MX Lites C Stock; MX Lites C Modified; Motocross C; 85 Modified; Super Mini; School Boy; MX Lites Schoolboy; and Women.
c. Stage 3 – TMX Regional Championships. Stage 3 participants must be eligible for and race in Sanctioned Races that determine regional champions for the 2007 Loretta Lynn’s Regional Championships in any of the twenty-two (22) AMA classes listed above in Section 5(b) (“Stage 2 – Holeshot”) in any of the seven (7) United States regions. Current scheduled dates for such Sanctioned Races (which are only motocross races, and not supercross or arenacross races) are available at www.mxsports.com.
d. Stage 4 – TMX Toyota 20 Shootout. Stage 4 participants must be eligible for and race in Sanctioned Races that determine regional champions for the 2007 Loretta Lynn’s Regional Championships in any of the following six (6) AMA classes in any of the seven (7) United States regions: MX Lites A/Pro Sport, Motocross A/Pro Sport ; MX Lites A; Motocross A; MX Lites B Stock; and MX Lites B Modified. Current scheduled dates for such Sanctioned Races (which are only motocross races, and not supercross or arena cross races) are available at www.mxsports.com.
e. Stage 5 – TMX Professional Team Rider Selection. Stage 5 participants are the Stage 4 award recipients who (i) are eligible for and race (in the AMA class for which the participant was a Stage 4 award recipient) in the 2007 Loretta Lynn’s AMA Amateur Nationals, currently scheduled for July 30, 2007 through August 4, 2007 in Hurricane Mills, Tennessee, and (ii) participate in Stage 5 activities as described below in Section 7 (“Stage 5 2008 TMX Professional Team Rider Selection”) at and during the 2007 Loretta Lynn’s AMA Amateur Nationals (which are only motocross races, and not supercross or arenacross races). If a participant is unwilling or unable for any reason to (i) race (in the AMA class for which the participant was a Stage 4 award recipient) in the 2007 Loretta Lynn’s AMA Amateur Nationals, and/or (ii) participate in or satisfy any Stage 5 activities as described below in Section 7 (“Stage 5 2008 TMX Professional Team Rider Selection”) below at and during the 2007 Loretta Lynn’s AMA Amateur Nationals, then Sponsor, in its sole discretion, may disqualify such individual and may (subject to timing and other considerations by Sponsor in its sole discretion) select an alternate for such individual, which alternate, if selected, is the individual who would have been a Stage 4 award recipient if the disqualified award recipient was not considered in Stage 4.
6. PROGRAM BENEFITS AND AWARDS.
a. Stage 1 Benefits.
i. Each participant who registers in the Program will receive a unique Program rider identification number to permit the tracking of the participant in the Program.
ii. Each participant who registers in the Program will also be eligible to have a “Rider Profile” created from the participant’s registration information and materials (including up to two (2) participant photographs if provided) which will be eligible for posting on the TMX Website; provided, however, Sponsor is not obligated to post or continue to post any participant information or materials, and Sponsor, in its sole discretion, may for any reason or no reason not post or cease posting any participant information or materials. At the time of Program registration, a participant will have the option of “opting out” of having a Rider Profile created for the participant. Having a Rider Profile is not necessary for participation in the Program.
iii. Each participant who registers in the Program who “opts in” to receiving promotional information from Sponsor, may receive from time to time during the Program Period special promotional offers, opportunities and information regarding Sponsor, its partners and the Program. Such promotional offers, opportunities and information may be for all Program participants or may be for select Program participants only as determined by Sponsor (e.g., Stage award recipients only, adults only, etc.). See Section 12 below (“Data Collection”) for additional information regarding Sponsor’s use of personal information collected from participants.
iv. Each participant who registers in the Program will also receive the following (approximate retail value “ARV” of such items is $110):
A. Waiver of MotoEndurance program development fee. See www.motoendurance.net for additional details, terms, conditions and restrictions (ARV $100). Waiver applies only to the one-time $100 development fee charged by MotoEndurance as described at www.motoendurance.net and not to any other fees charged by MotoEndurance. In order to receive the waiver of the development fee, a Program participant must sign up for the MotoEndurance program within thirty (30) days after the participant’s registration in the Program. When registering for the MotoEndurance program, a participant must input his Program rider identification number in the “additional comments” section of the MotoEndurance rider profile.
B. One (1) Program sticker kit (ARV $10).
b. Stage 2 Benefits, Awards and Award Recipients.
i. The first three thousand (3,000) eligible Stage 2 participants with a top five (5) finish (i.e., first place through fifth place) in any Sanctioned Race during the 2007 AMA motocross, supercross or arenacross seasons who, in accordance with the instructions below, send Sponsor an official confirmation of race results generated by the Sanctioned Race organizer showing the participant’s top five (5) finish, and whose confirmation is received by Sponsor during the Program Period, will be eligible to receive Stage 2 benefits and awards. LIMIT: One (1) Stage 2 award per Program participant. A maximum of three thousand (3,000) Stage 2 awards will be awarded in the Program. Stage 2 award recipients will be notified by Sponsor by email, mail or phone.
ii. Stage 2 submission instructions are as follows: (A) for submission by U.S. Mail: During the Program Period, mail to Sponsor an official confirmation of race results generated by the Sanctioned Race organizer showing your top five (5) finish (include on the confirmation your name and Program rider identification number); mail your confirmation by U.S. mail in a stamped envelope to the following address: 2007 TMX Toyota Athlete Program/Stage 2 Confirmation, c/o Podium Marketing, LLC, 810 Brickyard Circle, Unit 2, Golden, Colorado 80403, or (B) for submission by e-mail: During the Program period, e-mail to Sponsor at results@ridetmx.com an email message with a link to the official confirmation of race results at the Sanctioned Race organizer’s website showing your top five (5) finish (include in the subject line of your email the following: 2007 TMX Toyota Athlete Program/Stage 2 Confirmation”, and include in the text of your email your name and Program rider identification number). Eligible Stage 2 confirmations, regardless of method of submission, must be received by Sponsor during the Program Period, and will not be acknowledged (unless the submitting participant is a Stage 2 award recipient) or returned by Sponsor. Sponsor reserves the right to verify any or all Sanctioned Race finish confirmations.
iii. Stage 2 award recipients will receive the following (ARV of such items is $40):
A. One (1) Program crossbar pad (ARV $18).
B. One (1) Program t-shirt (ARV $22).
c. Stage 3 Benefits, Awards and Award Recipients.
i. The top three (3) finishers (i.e., first place through third place) for the 2007 Loretta Lynn’s Regional Championships in each of the twenty-two (22) AMA classes in each of the seven (7) United States regions (a total of four hundred sixty-two (462) participants) will be eligible to receive Stage 3 benefits and awards. LIMIT: One (1) Stage 3 award per Program participant. Stage 3 award recipients will be notified by Sponsor by email, mail or phone.
ii. Stage 3 award recipients will receive the following (ARV of such items is $95):
A. One (1) Program pit board (ARV $30).
B. One (1) Program umbrella (ARV $31).
C. One (1) Program hat (ARV $18).
D. One (1) pair Program socks (ARV $11).
E. One (1) Program water bottle (ARV $5).
iii. Stage 3 award recipients will be listed on the TMX Website as “TMX Top Regional Performers.”
d. Stage 4 Benefits, Awards and Award Recipients.
i. Those eligible Stage 4 participants having the top four (4) MX Lites A/Pro Sport; top four (4) Motocross A/Pro Sport; top four (4) MX Lites A; top two (2) Motocross A, top 2 (2) MX Lites B Stock; and top two (2) MX Lites B Modified Loretta Lynn’s Power Rankings (the “Power Rankings”) for the 2007 Loretta Lynn’s Regional Championships (a total of eighteen (18) participants) will be eligible to receive Stage 4 benefits and awards. Stage 4 award recipients will be notified by Sponsor by email, mail or phone. In the event of any ties in Stage 4, a tie will be broken based on the tied individuals’ highest placing in the Area Qualifiers (and if a tied participant raced in more than one (1) Area Qualifier, that participant’s average placing will be used). In the event that the foregoing tie breaker does not break a tie, the tied participants will each receive the Stage 4 benefits and awards, and be eligible to participate in Stage 5. If a participant qualifies as a Stage 4 award recipient in more than one (1) AMA class, the participant will be deemed to have qualified in only one (1) AMA class, which shall be the highest AMA class from the above list (with MX Lites A/Pro Sport being the highest and MX Lites B Modified being the lowest). In addition, two (2) eligible Stage 4 participants who do not meet the above Power Ranking qualification criteria will also be selected by Sponsor to receive Stage 4 benefits and awards (the “Wild Card Riders”) in order for Sponsor to include additional deserving riders Sponsor determines have shown exceptional talent and potential. The Wild Card Riders will be selected by Sponsor, in its sole discretion, from the above Stage 4 AMA classes based on overall finishing performance and lap times at the Lake Whitney, Texas Spring Classic which is scheduled to occur on March 6-11, 2007 (see www.lakewhitneymx.com), and/or the Las Vegas World Mini Grand Prix which is scheduled to occur on April 9-15, 2007 (see www.nmamx.com/WorldMiniInformation.asp).
ii. Stage 4 award recipients will receive the following (ARV of such items is $3,650):
A. MotoEndurance training worth $3,000, which includes $1,400 of periodization/internet training, $200 of one on one training and $1,400 of nutritional consultation (ARV $3,000). See www.motoendurance.net for additional details, terms, conditions and restrictions. Training must be completed before August 5, 2007.
B. Premium Program and/or Sponsor branded apparel as selected and provided by Sponsor (including, but not limited to, jackets, shirts and hats) (ARV $650).
iii. Stage 4 award recipients will be listed on the TMX Website as one of the “TMX Toyota 20.”
iv. Stage 4 award recipients will be eligible to participate in free “TMX Development Clinics” at the 2007 Loretta Lynn’s AMA Amateur Nationals, which clinics may include one or more of the following, as well as additional athlete clinics as made available by or through Sponsor: coaching, sports psychologist, media training and video analysis clinics. All clinics shall be at the times and in the manner as provided by or through Sponsor.
e. Stage 5 Benefits, Awards and Award Recipient.
i. The Stage 5 Program TMX Professional Team Rider will be selected as described below.
ii. The TMX Professional Team Rider will be listed on the TMX Website as the 2008 TMX Professional Team Rider from the Program.
iii. The TMX Professional Team Rider will receive the following (ARV of all such items is $48,300):
A. Subject to Section 6(g) below, one (1) 2008 Toyota Tacoma double cab 4x4 pickup truck, as selected, equipped and provided by Sponsor (ARV $28,900) (the “vehicle award”).
B. MotoEndurance training worth $17,400, which includes $6,700 of periodization/internet training, $4,000 of one on one training and $6,700 of nutritional consultation (ARV $17,400). See www.motoendurance.net for additional details, terms, conditions and restrictions. Training must be completed before September 15, 2008.
C. Premium Program and/or Sponsor branded apparel as selected and provided by Sponsor (including, but not limited to, jackets, shirts and hats) (ARV $500).
D. The TMX Professional Team Rider will be eligible to participate in free “TMX Development Clinics” during the 2008 AMA motocross and supercross racing seasons, which clinics may include one or more of the following, as well as additional athlete clinics as made available by or through Sponsor: coaching, sports psychologist, media training and video analysis clinics. All clinics shall be at the times and in the manner as provided by or through Sponsor (ARV $1,500).
iv. The TMX Professional Team Rider will be eligible to participate as a member of the TMX Team during the 2008 AMA motocross and supercross racing seasons (and if requested by the TMX Team, for the balance of the 2007 calendar year). As described in Section 3(c) (“Additional Requirements for Stages 4 and 5”) above, the Team Rider Agreement contains the terms, conditions and restrictions of such team membership, and is an integral part of the Stage 5 award.
v. The TMX Professional Team Rider will be eligible to be a Toyota sponsored rider during the 2008 AMA motocross and supercross racing seasons (and if requested by Sponsor, for the balance of the 2007 calendar year). As described in Section 3(c) (“Additional Requirements for Stages 4 and 5”) above, the Toyota Sponsorship Agreement contains the terms, conditions and restrictions of such sponsorship, and is an integral part of the Stage 5 award.
vi. The TMX Professional Team Rider will be eligible to participate in Sponsor promotional activities if, as and when made available by Sponsor to the TMX Professional Team Rider.
f. All Awards and Benefits. In addition to the other terms, conditions and restrictions applicable herein, for all awards and benefits (including, without limitation any vehicle award), the following shall also apply: Awards and benefits are not transferable or refundable, and must be accepted as awarded. No cash or other substitution may be made, except by Sponsor, who reserves the right (but has no obligation) to substitute an award or benefit (or a component thereof) with another award or benefit (or component thereof, including cash) of equal or greater value if an award or benefit (or a component thereof) is not available for any reason as determined by Sponsor in its sole discretion. With respect to the Stage 5 team membership award, if the Sponsor announced TMX Team membership is not available for award in Stage 5, Sponsor, in its sole discretion, may substitute team membership on another team on terms and conditions which are similar to the unavailable team membership. Award and benefit recipients are fully responsible for any and all applicable federal, state, international and local taxes and assessments. All costs and expenses not expressly specified herein, related to an award or benefit or the acceptance or use thereof, including but not limited to lodging, transportation, meals, taxes, gratuities, insurance, surcharges and other costs and expenses incurred by accepting and using the award or benefit are the sole responsibility of the recipient. Unused components of an award or benefit shall be forfeited and have no redeemable cash value. Acceptance and use of all awards and benefits are subject to all applicable federal, state and local laws, rules and regulations. If applicable, a recipient will be issued an IRS 1099 tax form for the ARV of an award or benefit. Sponsor does not make and shall not be responsible or liable in any manner for any warranty, representation, or guarantee, express or implied, in fact or in law, related to the awards or benefits. LIMIT: One (1) set of awards and benefits per person per Program stage. Any benefit or award above that does not state an express ARV has a $0 ARV.
g. Vehicle Award. In addition to the other terms, conditions and restrictions applicable herein for all awards and benefits, the following shall also apply to any vehicle award: If the TMX Professional Rider is a minor in his jurisdiction of residence at the time of selection, then Sponsor may, in its sole discretion, elect to have title of the awarded vehicle registered in the name of a parent or legal guardian of the TMX Professional Rider (which parent or legal guardian must have reached the applicable age of majority in the relevant jurisdiction at the time of titling of the awarded vehicle, and if none are willing or available, the vehicle award will be forfeited and will not be awarded to any participant in this Program). The TMX Professional Rider or such parent/legal guardian shall be the vehicle recipient as referred to below. The awarded vehicle will only be delivered by Sponsor to the vehicle recipient in the forty-nine (49) continental United States (i.e., excluding the State of Hawaii) or the District of Columbia. Sponsor shall not be responsible for delays in delivery of the awarded vehicle, and delivery is subject to availability. Sponsor, however, shall use all reasonable efforts, subject to availability, to deliver to the vehicle recipient the awarded vehicle within ninety (90) days after receipt by Sponsor of all required items and information specified herein. The TMX Professional Rider (and vehicle recipient, if different) bears all risk of loss or damage to the awarded vehicle after it has been delivered to the specified delivery site. The vehicle recipient must personally retrieve the awarded vehicle within thirty (30) days of written notification of delivery and must present adequate personal identification, a valid United States drivers license, and evidence of legally required insurance (or the vehicle award will be forfeited and will not be awarded to any participant in this Program). The awarded vehicle will be delivered solely with the express written limited warranties set forth in the awarded vehicle’s applicable Owner’s Guide, which warranties shall run for the term set forth in said Owner’s Guide. The TMX Professional Rider shall be responsible for all taxes, license, title and registration fees or other costs, including, without limitation, any travel or transportation costs associated with transferring and/or the award of the awarded vehicle (provided, however, the awarded vehicle shall be delivered at no cost to the vehicle recipient at an authorized Toyota dealer or distributor in the forty-nine (49) continental United States (i.e., excluding the State of Hawaii) or the District of Columbia which is reasonably close in proximity to the legal residence of the vehicle recipient.
7. STAGE 5 2008 TMX PROFESSIONAL TEAM RIDER SELECTION.
a. Generally. In Stage 5, the Stage 4 award recipients will be judged at the 2007 Loretta Lynn’s AMA Amateur Nationals by the Judging Panel (as defined below) based on the Judging Criteria (as defined below) and the Judging Panel will select one (1) TMX Professional Team Rider for the Program as the Stage 5 award recipient. Stage 5 participants must be available for Stage 5 judging and other activities at such times and places as directed by Sponsor and/or the Judging Panel, including one (1) interview with the Judging Panel. Stage 5 participants will also be required to submit an essay in the manner and within the time deadlines specified by Sponsor detailing the participant’s ability to overcome adversity and the participant’s ability to move forward in the sport. A participant’s activities in connection with Stage 5, including interview results and essay shall be deemed to be part of a participant’s Program registration materials for purposes of these Official Rules, Terms and Conditions. If a participant is unwilling or unable for any reason to (i) race (in the AMA class for which the participant was a Stage 4 award recipient) in the 2007 Loretta Lynn’s AMA Amateur Nationals, and/or (ii) participate in or satisfy any Stage 5 activities as described above at and during the 2007 Loretta Lynn’s AMA Amateur Nationals, then Sponsor, in its sole discretion, may disqualify such individual and may (subject to timing and other considerations by Sponsor in its sole discretion) select an alternate for such individual, which alternate, if selected, is the individual who would have been a Stage 4 award recipient if the disqualified award recipient was not considered in Stage 4.
The essay must (I) be participant’s own original work, (II) be typed or legibly handwritten, (III) be in English, (IV) be no longer than one thousand (1,000) words, (V) be true and verifiable, (VI) not have been previously published or submitted for any other program or promotion, and (VII) be in keeping with the Sponsor’s image and may not be offensive or inappropriate, as determined by the Sponsor in its sole discretion, nor can it defame or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person’ s personal or property rights or any other third party rights; Sponsor reserves the right to disqualify any essay which fails to meet any of the foregoing requirements or that it deems to be offensive, inappropriate or that is not in keeping with Sponsor’s image, in its sole discretion.
b. Judging Panel. Judging in Stage 5 will be by a panel of individuals who are experienced in the motocross, supercross, arenacross, sports and/or sponsorship industries, which individuals shall be selected by Sponsor and who may also be employees or agents of Sponsor (the “Judging Panel”).
c. Judging Criteria. Stage 5 participants will be judged by the Judging Panel based on the following criteria: (i) riding ability (as evidenced by a participant’s wins, speed and finishes in 2007 Sanctioned Races – thirty percent (30%); (ii) ability to overcome adversity (as evidenced by a participant’s essay) – ten percent (10%); (iii) ability to perform under pressure (as evidenced by a participant’s on and off track performance at the 2007 Loretta Lynn’s AMA Amateur Nationals) – ten percent (10%), (iv) sportsmanship (as evidenced by participant’s on and off track performance at the 2007 Loretta Lynn’s AMA Amateur Nationals) – fifteen percent (15%), (v) interview and media skills (as evidenced by a participant’s Judging Panel interview) – twenty percent (20%), and (vi) ability to move forward in the sport (as evidenced by a participant’s essay) – fifteen percent (15%).
d. Judging, Selection; Conditions. Subject to the conditions below, the Judging Panel will decide in its sole discretion which Stage 5 participant has the highest cumulative score as based on the Judging Criteria, and such participant will be selected as the 2008 TMX Professional Team Rider from the Program. In the event of a tie, the tied participants will be reevaluated against each other by the Judging Panel based on the Judging Criteria until the tie is broken. If the selected participant (and/or the participant’s parent or legal guardian, as applicable) does not and/or has not complied with all the terms and conditions of these Official Rules, Terms and Conditions, Sponsor will select an alternate Stage 5 award recipient with the next highest cumulative score, and will continue to do so until a Stage 5 award recipient complies with such conditions. If no potential Stage 5 award recipient complies with such conditions, no Stage 5 award will be awarded by Sponsor. The Stage 5 award recipient will be announced at the 2007 Loretta Lynn’s AMA Amateur Nationals on or around August 3, 2007.
8. GENERAL CONDITIONS. Sponsor reserves the right, in its sole discretion, to terminate, modify or suspend the Program or any portion thereof if, in Sponsor’s opinion, (a) there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Program, or (b) viruses, bugs, unauthorized intervention, fraud, technical difficulties or failures, or any other factor beyond Sponsor’s reasonable control (including, without limitation, the inability of Sponsor to provide an award or benefit, or the suspension, cancellation or rescheduling of any Sanctioned Races), corrupts or affects the administration, security, fairness, integrity, or proper or contemplated conduct of the Program. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the registration process or the operation of the Program or to be acting in violation of these Official Rules, Terms and Conditions or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any website or undermine the legitimate operation of the Program is a violation of criminal and civil laws, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules, Terms or Conditions shall not constitute a waiver of that provision. Sponsor does not create or compile the Power Rankings, has no responsibility for any inaccurate or later corrected Power Rankings, and may (but has not obligation to) consider corrections of Power Rankings after their initial posting only in Sponsor’s sole discretion. Participants may not issue press releases in connection with their participation in the Program; provided, however, a participant may cooperate with or respond to requests or inquiries from press organizations with respect to the participant’s participation in the Program and may direct people to the TMX Website (located at www.ridetmx.com) to encourage interest and participation in the Program. Participants may not use materials or information provided by Sponsor without the prior written consent of Sponsor.
9. RELEASE. By participating in the Program, each participant forever and irrevocably releases and holds Sponsor and its parents, divisions, subsidiaries, other affiliated companies, dealers, and dealer associations, its advertising and promotion agencies, affiliates, Program partners, and award and benefit suppliers (including, without limitation, Podium Marketing, LLC), and all of their respective employees, officers, directors, shareholders, members, managers, partners, owners, and agents (collectively, the “Released Parties”) harmless from and against any injury, loss, damage, liability, claim or expense of any kind or nature (including, without limitation, BODILY INJURY, ILLNESS AND DEATH) arising in whole or in part, directly or indirectly, out of or in connection with, registration or participation in the Program or any Sanctioned Race; the awarding, nonawarding, acceptance, possession, use or misuse of any award or benefit; participation in any Program-related, Sanctioned Race-related, or award/benefit-related activities or events; or the termination, suspension or modification of the Program or any portion thereof.
10. LIMITATIONS OF LIABILITY. Sponsor is not responsible for: (a) incorrect or inaccurate transcription of participant registration information or late, lost, unintelligible, damaged, altered, incomplete or misdirected registrations or registrations received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware or software; (c) the unavailability or inaccessibility of any website or service; (d) unauthorized intervention in any part of the registration process or the Program; (e) printing, typographical, electronic or human errors which may occur in the offer or administration of the Program or the processing of registration information; or (f) any injury or damage to persons or property, including but not limited to participant’s computer, which may be caused, directly or indirectly, in whole or in part, from participant’s registration or participation in the Program, or from viewing, playing or downloading any material from Sponsor’s website(s), regardless of whether the material was prepared by Sponsor or a third party, and regardless of whether the material is connected to Sponsor’s website by a hypertext link.
11. DISPUTES. Participant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with the Program, or any awards or benefits awarded shall be resolved individually, without resort to any form of class action, and solely and exclusively in a federal or state court located in Los Angeles County, California; participant submits to sole and exclusive personal jurisdiction to said courts in Los Angeles County, California for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with registering for the Program but in no event attorneys’ fees; and (c) under no circumstances will participant be permitted to obtain awards for and participant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. In no event shall participant seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain exploitation of the Program or any portion thereof, or of any advertising or other materials issued in connection therewith, including, but not limited to, any Program or participant participation materials, or any other exploitation thereof.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Terms and Conditions, each participant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of New York, 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 State of New York.
12. DATA COLLECTION. Sponsor collects personal information from participants when they register for the Program as described above. In connection with the Program registration process, a participant may be asked to consent to receive promotional emails, mailings and other information about Sponsor and/or its partners; consenting to receive such emails, mailings and information is optional, and is not necessary to register or participate in the Program. The information collected is subject to Sponsor’s Privacy Policy for the Program located at www.ridetmx.com/privacy.php and, in addition to the uses therein, will also be used for purposes of administrating the Program.
13. OFFICIAL RULES, TERMS AND CONDITIONS; AWARD RECIPIENTS. These Official Rules, Terms and Conditions are available on the TMX Website, or by sending a self-addressed postage-stamped envelope to “TMX Program Rules Request”, Toyota Motor Sales, U.S.A., Inc., 19001 S. Western Avenue, Suite A204, Torrance, California 90501, Attention: Engagement Marketing. Program award recipients will be listed on the TMX Website.
14. SPONSOR. The sponsor of the Program and the address at which the Sponsor may be contacted is Toyota Motor Sales, U.S.A., Inc., 19001 S. Western Avenue, Suite A204, Torrance, California 90501, Attention: Engagement Marketing.