OFFICIAL CONTEST RULES AND LEGAL DISCLAIMER
By entering into any Nitto Tire U.S.A. Inc. sponsored contest (each, a “Contest”), participant (“Participant”) agrees to abide by these Official Contest Rules and Legal Disclaimer and the decisions of Nitto Tire U.S.A. Inc., such decisions which are final and binding in all respects.
No purchase necessary to enter or win. Purchase of Nitto Tire U.S.A. Inc. products or services does not enhance chances of winning.
Contests are open solely to legal residents of the fifty (50) United States and the District of Columbia who are eighteen (18) years of age or older at the time of entry. Employees, officers, directors, or agents of Nitto Tire U.S.A. Inc. (“Promoter”) or any of Promoter’s partners, related companies, agencies, or agents, as well as the immediate family (defined as spouse, parents, siblings, children, and grandparents) and same household members of any such employee, officer, director, or agent, are not eligible to participate. All applicable federal, state, and local laws and regulations apply. Void where prohibited or restricted by law.
How to Enter
To enter a Contest, visit www.instagram.com/nittotire, click on the Contest you are interested in participating in, and follow the instructions provided. Applicable deadlines are set forth therein. Promoter will not consider incorrect, fraudulent, incomplete, late, or otherwise non-conforming entries or entries that are intended to annoy, abuse, threaten, or harass any person or entity in any way. Limit of one (1) entry per person per Contest; multiple entries by any one individual are void. Entries generated by macro, script, or other automated means are void. Any entrant using fraudulent means to participate in a Contest will be disqualified and may be guilty of violating applicable criminal laws. All entries, once provided, are Promoter’s sole and exclusive property. Eligibility is at the exclusive discretion of Promoter, and Promoter shall be entitled to reject any entrant for any reason or no reason at all without having to provide an explanation. Promoter reserves the right, in its sole discretion, to cancel, suspend, or terminate a Contest for any reason and without prior notice to any Participant. In such instance, Promoter may, if and as appropriate, select a winner using reasonable means that are materially consistent with the Contest in question.
Alternate Method of Entry.
Participation in the Contest is voluntary and does not require eligible Participants to purchase anything from the Promoter. In addition to the entry method identified on the Contest webpage, entrant may enter the Contest by sending a postcard with the name of the Contest and entrant’s name, address and phone number to Nitto Tire U.S.A. Inc., Attn: Marketing Dept., P.O. Box 6064, Cypress, CA 90630. Postcards must be postmarked on or before the Contest end date. The Promoter will use contact information solely to contact entrant in the event that entrant is the winner or otherwise in connection with the administration of the Contest.
Provision of Materials and Information/Intellectual Property
By entering into a Contest, Participant represents and warrants as follows: (1) that it fully owns or has properly licensed whatever materials or information it submits hereunder in connection with the Contest and can make such submissions without violating any: applicable law, agreement with any third-party, and/or third-party right of any kind (including without limitation any intellectual property, data protection, privacy, or publicity right); and (2) that any and all materials or information provided by it hereunder shall be true and correct in all respects. Furthermore, without limitation on anything set forth herein to the contrary, Promoter shall have the irrevocable, transferable, and fully sublicensable right and license (but not the obligation) to exploit any and all such materials or information in any manner it so elects to promote the Contest, its business, brand, products and/or services, throughout the world in perpetuity, and in any and all media, now or hereafter known.
Entries may not contain, as determined by the Promoter in its sole discretion, any content that:
- contains any identifiable names, logos, trademarks or markings of any third-party;
- contains copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media);
- is inappropriate, offensive or obscene;
- communicates messages or images inconsistent with the positive images and/or goodwill to which Promoter wishes to associate; and/or
- violates any law.
Promoter reserves the right to disqualify any entry for any reason, in its sole and absolute discretion, including its determination that any entry fails to satisfy any of the above requirements.
Prizes; Selecting and Notifying Prize Winners
The odds of winning a prize (each, a “Prize”), and the retail value of any such Prize, varies from Contest to Contest. This information is set forth in each Contest’s webpage. No transfer, substitution or cash equivalent for the Prize is allowed, except at Promoter’s sole discretion. Promoter reserves the right to substitute a different prize of equal or greater monetary value if a Prize cannot be awarded as described for any reason. Actual prize may differ from promotion images of the Prize. Subject to applicable law, Prizes are offered “as is” without any express or implied warranty of any kind or nature, including without limitation, any warranty respecting condition, merchantability, quality, title, or fitness for a particular purpose. Promoter is not responsible for replacing any damaged Prizes unless such damage is caused by Promoter. Winners must look to the Prize’s manufacturer for potential guarantees or warranties of any kind.
All Contest winners will be selected pursuant to the specific procedures set forth in the applicable Contest’s webpage. Promoter will contact all winners to confirm that they have won and are entitled to a Prize. Promoter is not responsible for digital communications that are undeliverable as a result of any filtering of any kind, insufficient space in a Participant’s account, or any other failure beyond its reasonable control. In the event of a dispute with respect to entries received from more than one user having the same e-mail address/account, the authorized subscriber of the account in question at the time of entry will be deemed the proper entrant. Additionally, all winners will be posted on Promoter’s website. Each winner must show picture identification to claim his or her Prize and at the request of Promoter, to sign and return to Promoter an “Affidavit of Eligibility/Liability & Publicity Release” (the “Affidavit”).
Any potential winner will forfeit his or her Prize if he or she: (1) fails to respond in a timely fashion to any of Promoter’s requests for information or signatures with respect the Contest or the Prize; (2) cannot be reached at the information provided by such individual or fails to sign the Affidavit; (3) rejects the Prize (or it is returned undeliverable through no fault of Promoter); or (4) is disqualified from the Contest for any reason. In the event of any forfeiture hereunder, an alternate winner will be selected. Prize winners are solely responsible for all applicable: (1) federal, state, and local taxes; and (2) out-of-pocket expenses, associated with Prize acceptance and use. Prizes will not be substituted by Promoter for cash or other merchandise pursuant to any Prize winner’s request. Promoter, however, reserves the right to substitute alternate Prizes of comparable or equal value in its sole discretion.
Subject to applicable law, entrance in any Contest constitutes the Participant’s consent to Promoter and Promoter’s affiliates to use his or her name, voice, likeness, opinions, and biographical information for marketing, advertising, and publicity purposes in any media throughout the world at any time without the obligation to seek consent or to provide Participant with any payment or other form of consideration. Participant agrees to execute any document reasonably required by Promoter to effectuate the terms hereof and failure to do so shall give rise to Promoter’s right to execute any and all such documents as Participant’s attorney-in-fact, which right shall be coupled with an interest and therefore, irrevocable.
Subject to applicable law, by entering into a Contest and potentially receiving a Prize, each Participant and winner agrees to release, discharge, and hold harmless Promoter, along with Promoter’s employees, officers, directors, affiliates, partners, agents and assigns, from and against any claim, cause of action, demand, or proceeding (each, a “Claim”), and any resultant loss, injury (including death), cost, expense, fee, fine, penalty, or other loss or expense of any kind, including attorneys’ fees (each, a “Loss”), relating to or arising directly or indirectly out of his or her participation in a Contest (or related activity such as a press release), and/or Promoter’s right to exploit Participant’s name and/or likeness or fully exploit any other right granted to it hereunder, and/or from Participant’s receipt, use, or misuse of any Prize, no matter how such Claim or Loss arises (including without limitation, if arising out of any damage to a Participant’s computer system from downloading or using material from Promoter’s (or an affiliate of Promoter’s) website).
Participants and winners 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.
Participants 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.
Limitation of Liability
IN NO EVENT WILL PROMOTER, AND/OR PROMOTER’S PARENT, SUBSIDIARY, LICENSEES, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, ASSIGNS, AFFILIATES, OR RELATED COMPANIES (COLLECTIVELY WITH PROMOTER, THE “PROMOTER PARTIES”), BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS) ARISING OUT OF ANY PARTICIPANT’S PARTICIPATION IN THE CONTEST, THESE OFFICIAL CONTEST RULES, AND/OR ANY PARTICIPANT’S RECEIPT OF A PRIZE, NO MATTER UNDER WHAT THEORY ARISING, EVEN IF ANY PROMOTER PARTY HAS BEEN ADVISED OF THE POSSIBLY OF SUCH DAMAGES. PROMOTER PARTIES’ ENTIRE LIABILITY WITH RESPECT TO: ANY PARTICIPANT’S PARTICIPATION IN THE CONTEST, THESE OFFICIAL CONTEST RULES, AND/OR ANY PARTICIPANT’S RECEIPT OF A PRIZE SHALL BE LIMITED TO $500. SOME JURISDICTIONS MAY NOT ALLOW THE AFOREMENTIONED LIMITATIONS OR EXCLUSIONS OF LIABILITY AND AS SUCH, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
Use of Collected Materials and Information
The parties hereto acknowledge and agree as follows: (1) that all disputes, causes of action, and claims connected to or arising in any way hereunder between the parties shall be resolved solely on an individual basis (i.e., class actions suits are hereby waived by the parties), and exclusively by the state or federal courts situated in Orange County, California; (2) that the laws of the state of California shall govern, without regard to its conflict of laws principles; and (3) that the parties hereto waive any right to a trial by jury.
Nitto Tire U.S.A. Inc., 5665 Plaza Drive, Suite 250, Cypress, California 90630