2024-2025 TOYOTA TUNDRA GAMEDAY GIVEAWAY/TUNDRA TRIUMPH SWEEPSTAKESIn return for the opportunity to participate in the Toyota Tundra Gameday Giveaway/Triumph Sweepstakes described herein (the “Sweepstakes”), Gulf States Toyota, Inc. (“Sponsor”) requires your agreement to comply with and be bound by the terms and conditions set forth below (the “Official Rules”): OFFICIAL RULES1. PERIOD. The Sweepstakes will begin at 12:00 a.m. on March 27, 2024 and ends at 11:59 p.m. on March 31, 2025 (the “Sweepstakes Period”).
2. ELIGIBILITY. NO PURCHASE NECESSARY TO ENTER OR WIN. Only legal residents of the United States who are 18 years of age or older at the time of Entry, as stated below, who reside within any of the following states at the time of Entry, as stated below: Texas, Oklahoma, Arkansas, Mississippi, or Louisiana, who comply with these Official Rules, submit an official Entry, as stated below, and are not otherwise ineligible, are eligible to participate in this Sweepstakes (“Entrant”). Employees and immediate family members (spouses, parents, siblings and children) of employees of Sponsor or its respective parents, subsidiaries, affiliates, directors, officers, governors, employees, agents, and any household members of all such persons (whether or not related) are not eligible to enter the Sweepstakes. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void wherever prohibited or restricted by law. Participation constitutes Entrant’s full and unconditional agreement to these Official Rules and the decisions of Sponsor, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein. Sponsor reserve the right, at any time and in its sole discretion, to verify eligibility requirements in any manner they deem appropriate. Eligibility determinations will be made by Sponsor in its sole discretion. 3. ENTRIES. Limit of One (1) entry per person and per email address. To enter the Sweepstakes, an Entrant must properly fill out and submit an official entry form available at www.tundragamedaygiveaway.com/ or www.tundratriumph.com (each, an “Entry”). Lost, late, illegible, mutilated, or misdirected Entries, Entries not in compliance with these Official Rules, and Entries not received during the Sweepstakes Period will not be eligible and will be discarded. Any Entry received after the Sweepstakes Period has concluded or not properly filled out will not be accepted. With submission of an Entry, each Entrant acknowledges that they have read, understand and agree to be bound by these Official Rules. Any attempt by any Entrant to obtain more than the stated number of Entries by using multiple/different identities, registrations or any other methods will void that Entry and that Entrant may be disqualified. Each Entrant is responsible for any/all charges imposed by their Internet service provider, including any applicable taxes on such services, in connection with submission of an entry. Sponsor will not accept Entries from wireless domains, blacklist domains, or any email address Sponsor deems to be potentially harmful to the websites. Automatic Entries/use of any automated system to enter is prohibited and will result in disqualification. All Entries become the property of Sponsors and will not be acknowledged or returned. 4. PRIZE DRAWING. Sponsor will randomly select one (1) prize winner from all eligible Entries received during the Sweepstakes Period, on or around April 15, 2025 (“Winner”). The Winner will be notified by email, mail or phone and does not need to be present to win. The Winner shall be required to sign a Release, an Affidavit of Eligibility, a Prize Acceptance Form and any other form/document deemed necessary by Sponsor in order to receive the Prize, as described below (“Declaration”). If within forty-eight (48) hours of notification, the Winner cannot be contacted or fails to sign and return the Declaration(s), or declines the Prize, as described below, the Winner forfeits the Prize, as described below. In the event that the Winner is disqualified for any reason, Sponsor will award the Prize, as described below, to an alternate Winner by random drawing from among all remaining eligible Entries. Only two (2) drawings will be held, after which the Prize, as described below, will remain un-awarded. 5. PRIZE DESCRIPTIONS; ODDS. The Sweepstakes prize is a 2025 Toyota Tundra Limited 4x2 gas model which has an approximate retail value (ARV) of $60,000.00 (the manufacturer’s suggested retail price (“MSRP”) will be provided once available) (“Prize”). The Prize is subject to availability and Sponsor may elect to substitute for another make and model in its sole discretion. Sponsor will determine all features of the 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 randomly drawn from remaining eligible Entries and the original Winner’s rights to the Prize shall be automatically forfeited). Winner is responsible for federal, state and other taxes and costs associated with receipt and/or use of the Prize, including, but not limited to, title, applicable taxes, license, registration, dealer preparation costs, auto insurance and other fees associated with receipt and/or use of the Prize. Sponsor shall not have any responsibility or liability whatsoever for any property loss, damage, personal injury, or death, in connection with the prizes provided pursuant to the Sweepstakes and/or any person’s participation in the Sweepstakes; provided, however, that Toyota shall be solely responsible for any express-written limited warranties specifically set forth in the applicable owner’s guide for the vehicle. Winner must take delivery of prize from the automobile dealership designated by Sponsor. Sponsor shall not be responsible for delays in delivery of the prize vehicle, and delivery is subject to availability. Sponsor, however, shall use all reasonable efforts, subject to availability, to deliver the Prize within one hundred twenty (120) days of completion of verification process. The Winner shall bear all risk of loss or damage to the Prize after it has been delivered to the specified delivery site. The Winner must personally retrieve the Prize within thirty (30) days of written notification of delivery. Prize is non-transferable and no substitution or cash equivalent is allowed except as provided herein at the Sponsor’s sole discretion. The difference between any stated Prize ARV and actual Prize ARV will not be awarded. Sponsor reserves the right to substitute any element of the Prize for one of comparable or greater value, at its sole discretion. Other than the manufacturer’s limited warranty for the Prize, Sponsor do not make, nor in any manner are responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the Prize, including, but not limited to, its quality, fitness for purpose or mechanical condition. Prize will only be awarded upon Winner validation and verification. Every aspect of the Prize shall be determined by Sponsor in its sole discretion. The Prize, in whole or in part, is non-transferable, non-refundable for cash and non-changeable once awarded. No portion of the Prize may be sold or transferred for monetary consideration, and any attempt by a winner to sell any portion of the Prize shall immediately forfeit that portion of the Prize or the entire Prize, and such winner may not be eligible to win any future prizes from Sponsor, as determined by Sponsor in its sole discretion. If any portion of the Prize is lost, it will not be replaced, in whole or in part. If a winner does not claim or use any portion of the Prize, no other compensation for the unused portion of the Prize, in whole or in part, will be provided. No substitution will be made except as provided herein at the Sponsor’s sole discretion. Receiving the Prize is contingent upon compliance with these Official Rules. Depiction of the Prize, or any portion thereof, in any advertising, promotional materials, commercial spots, or on Sponsor’s website(s) or on the Sweepstakes webpage may not reflect the actual Prize delivered to winner. Winner may be required to provide their Social Security number or tax ID to Sponsor for tax reporting purposes. Winner may be issued an IRS Form 1099 for the ARV of the Prize, if applicable. Odds of an Entry being selected for a chance to win the Prize is based on the total number of eligible Entries received during the Sweepstakes Period. 6. LIMITATIONS ON LIABILITY. Sponsor is not responsible for any failure of any electronic equipment, computer transmission and/or network connections, nor are they responsible for any inaccuracies in information which may be used in the Sweepstakes, or for any technical or human error which may occur in the processing of attempts, including data entered by each Entrant. No warranty, representation or guarantee is provided to winner in respect to the Prize. By Entering, each Entrant agrees to HOLD HARMLESS AND INDEMNIFY the Sponsor, the delivering Toyota dealership, and each of their respective affiliates, related entities, shareholders, partners, parents, subsidiaries, affiliates, directors, officers, employees, representatives and agents (the “Released Parties”) from any and all liability, damages, claims and causes of action (however named or described), including, without limitation, death, bodily injury, or property damage, with respect to or arising out of (a) Entrant’s participation in this Sweepstakes or any Sweepstakes-related activity, (b) Entrant’s Entry form and Entry materials, (c) any typographical or other error in these Official Rules, or (d) the receipt and/or use or misuse or enjoyment of any element of the Prize or any replacement Prize that may be awarded herein, including any travel associated with receipt of or use of the Prize. 7. SWEEPSTAKES CHANGE IN STATUS. Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes, in whole or in part, if they determine, in its sole discretion, that the Sweepstakes or any portion of the Sweepstakes is or has been technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond the Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes, as contemplated herein. In the event the Sponsor is prevented from awarding the Prize or continuing with the Sweepstakes, as contemplated herein, by any event beyond its control, including, but not limited to, fire, flood, natural or man-made epidemic of health or other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failures, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis (e.g., COVID, SARS, etc.), order of any court of jurisdiction, or other cause not reasonably within the Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, the Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes in its entirety or the affected portion of the Sweepstakes. 8. PRIVACY. Each Entrant’s information will not be sold to any outside party. All content submitted for the purposes of the Sweepstakes is the property of Sponsor and its respective partners, parents, subsidiaries, affiliates, directors, officers, owners, governors, employees, and agents is eligible to be used for further marketing purposes outside of the Sweepstakes. Each Entrant hereby agrees and consents, without further authorization, compensation or remuneration of any kind, to the editing, modification, replication, publication and/or other use of the names, likenesses, photographs, voices, Entry forms and the like of each Entrant in any medium, whether now known or hereafter developed, including without limitation any and all advertising, promotions, and other publicity conducted by Sponsor, except where prohibited by law. Notwithstanding the generality of the foregoing, each Entrant further assigns any and all rights he or she may have over his or her Entry or submission to Sponsor without further authorization, compensation or remuneration of any kind. 9. RULES. All decisions as to these Official Rules and interpretations thereof are exclusively within the sole discretion of Sponsor and may be changed from time to time without notice. Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual for any reason or no reason, including if they reasonably believe the individual to be tampering with the Entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor reserves the right to conduct a background check of any and all records of potential Winner, including, without limitation, civil and criminal court records and police reports, and entry in the Sweepstakes constitutes Entrant’s permission for Sponsor to conduct such background check, provided that, to the extent additional authorization is necessary under law, potential Winner shall authorize such check. Sponsor reserves the right to disqualify any potential Winner based on the results of the background check, in Sponsor’s sole discretion (e.g., for any felony conviction or crime of moral turpitude) or failure of the potential Winner to properly authorize such check. Each Entrant further agrees to not disparage, damage or injure any of the Sponsor brands in any way, including being subjected to public disrepute, ridicule, contempt, or scandal, or is likely to injure any of the Sponsor’s image, reputation, or goodwill. 10. DISPUTES. This Sweepstakes shall be governed by and construed in accordance with the laws of the State of Texas, Harris County, without regard to principles of conflicts of laws. EACH ENTRANT HEREBY WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THOSE COURTS AND SUBMITS TO THE JURISDICTION OF THOSE COURTS. Each Entrant agrees that any controversy, dispute or claim arising out of, relating to or connected with the Sweepstakes shall be resolved individually, without resort to any form of class action, and exclusively by arbitration, which will be conducted in Houston, Texas in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), and any judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. The arbitrator shall be selected by mutual agreement of the parties, if possible, and shall be a resident of Texas. If the parties fail to reach agreement upon the appointment of an arbitrator within thirty (30) days following receipt by one party of the other party’s notice of desire to arbitrate, the arbitrator shall be selected from a list or lists of persons submitted by the AAA. The selection process shall be that which is set forth in the AAA Commercial Arbitration Rules then prevailing, except that if the parties fail to select an arbitrator from one or more lists, AAA shall not have the power to make an appointment but shall continue to submit additional lists until an arbitrator has been selected. Under no circumstances will Entrant be permitted to obtain any punitive, incidental, special, consequential and/or other damages, including without limitation lost profits (collectively, “Special Damages”) to an Entrant; and Entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. 11. MARKETING OPT-IN. By entering the Sweepstakes, you agree to be bound by Sponsor’s privacy policy located here: https://www.buyatoyota.com/gst/legal/. You are also agreeing to receive communications from Toyota and/or a Toyota dealer, subject to opting out by proper notification when you desire. Your information will not be sold to any outside party. All content submitted for the purposes of the Sweepstakes becomes the property of Sponsor and is eligible to be used for further marketing purposes outside of the Sweepstakes. 12. RESULTS AND COPY OF RULES. For Sweepstakes results and/or copy of these Official Rules, send a self-addressed, stamped envelope to: “Toyota Tundra Triumph Sweepstakes,” P.O. Box 442168, Houston, TX 77077. Requests for a winner list must be received by April 30, 2025. |