Make a Date Every 6 months or 8,000KM
THIS OFFER IS AVAILABLE TO CANADIAN RESIDENTS ONLY AND IS GOVERNED BY CANADIAN LAW
1. KEY DATES:
The Offer Period (the “Offer Period”) for the Make a Date Every 6 months or 8,000KM Offer (the “Offer”) begins on April 15, 2021 at 12:01 a.m. Eastern Time (“ET”) and ends on December 31, 2022 at 11:59 p.m. ET. The Redemption Period (the “Redemption Period”) for the Offer begins on April 15, 2021 at 12:01 a.m. Eastern Time (“ET”) and ends on December 31, 2022 at 11:59 p.m. ET.
2. ELIGIBILITY:
Offer is available only to residents of Canada who have reached the legal age of majority in their province/territory of residence at the time of participation.
3. AGREEMENT TO BE LEGALLY BOUND BY TERMS:
By participating in this Offer, you are signifying your agreement that you have read and agree to be legally bound by these Official Terms and Conditions (the “Terms”). IMPORTANT NOTE: This Offer is intended to be conducted separately and with a distinct set of Terms from all other offers and promotions being administered by Toyota.
4. HOW TO INITIATE A TAG:
During the Offer Period, one (1) Tag (each, a “Tag”) will be digitally generated with the retail (non-fleet) purchase or lease of any new and previously unregistered 2020, 2021, 2022 or 2023 model year Toyota-brand vehicle (each, an “Eligible Vehicle”) that is purchased or leased at retail (non-fleet) from an authorized Toyota dealership (each, a “Dealership”) within Canada (each, an “Eligible Purchase”). Each Tag has a unique 9-digit alphanumeric Tag ID (each, a “Tag ID”) associated with the Tag.
IMPORTANT NOTE: Each Tag ID is unique and can only be used one (1) time in relation to this Offer. Each Tag ID will automatically expire after its first use or at the close of the Redemption Period (whichever occurs first). Please retain the original Tag ID for your records. All Tag IDs are subject to verification in the sole and absolute discretion of Toyota. Any Tag ID that cannot be verified to the complete satisfaction of Toyota, in its sole and absolute discretion, is subject to immediate disqualification (in which case the Tag ID will be declared null and void and any rights to any Reward (defined below) associated with such Tag ID will be forfeited in their entirety). Toyota Canada Inc. (“Toyota”), its parent company, subsidiaries, associated and affiliated entities, reward suppliers, dealers, advertising/promotion agencies and any other individual(s), entity or entities involved in the development, production, implementation, administration or fulfillment of the Offer, and each of their respective officers, directors, agents, representatives, successors and assigns (collectively, the “Released Parties”) are not responsible for, and accept no liability whatsoever in relation to, any lost, stolen, delayed, illegible, damaged, misdirected, late, incomplete, destroyed or incompatible Tag ID submissions or Tag ID submission attempts (all of which are void).
5. LIMIT ON NUMBER OF TAG IDS:
There is a limit of one (1) Tag/Tag ID per Eligible Purchase. If it is discovered by Toyota (using any evidence or other information made available to or otherwise discovered by Toyota) that any person has attempted to: (i) obtain more than one (1) Tag/Tag ID per Eligible Purchase; (ii) use multiple names, identities, email addresses, any automated, macro, script, robotic or other system(s) or program(s) and/or any other means not in keeping with the letter and spirit of these Terms to enter or otherwise participate in or to disrupt this Offer; (iii) obtain, enter and/or otherwise use a Tag ID without obtaining a Tag ID in accordance with these Terms; (iv) use a Tag ID a subsequent time after its first use; and/or (v) use a Tag ID that has been falsified, manipulated or otherwise altered in any way (all as determined by Toyota in its sole and absolute discretion); then he/she may be disqualified from the Offer in the sole and absolute discretion of Toyota. In any such case(s), Toyota reserves the right, in its sole and absolute discretion and at any time, to take whatever action it deems necessary based on the circumstances – including, without limitation, disqualifying the Tag/Tag ID (and therefore the individual associated with that Tag/Tag ID) – to help ensure that the Offer is being conducted in accordance with the letter and spirit of these Terms.
6. HOW TO RECEIVE A REWARD:
In order to be eligible to receive a Reward, you must first bring the Eligible Vehicle to a Dealership to complete the Eligible Vehicle’s first scheduled service that is required pursuant to the Eligible Vehicle’s official maintenance schedule (an “Eligible Service”). All determinations as to what does and what does not constitute an Eligible Service will be made by Toyota in its sole and absolute discretion. Upon completing and paying for the Eligible Service, a Representative (the “Representative”) of the Dealership will automatically enter your Tag ID into Toyota’s Official System (the “System”). If you do not have your Tag/Tag ID, then Toyota may elect, in its sole and absolute discretion, to allow you to enter the Vehicle Identification Number (VIN) of the Eligible Vehicle instead. Once your Tag ID (or VIN, as applicable) has been verified and entered into the System by the Representative, you will be eligible to receive your Reward (See Section 8).
7. VERIFICATION:
Without limiting the generality of any other section in these Terms, all Eligible Purchases, Eligible Services, Eligible Vehicles, Tag IDs, Tags and VINs are subject to verification by Toyota at any time and for any reason. Toyota reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to Toyota – including, without limitation, government issued photo identification): (i) for the purposes of verifying an individual’s eligibility to participate in this Offer; (ii) for the purposes of verifying the eligibility and/or legitimacy of any Eligible Purchase(s), Eligible Service(s), Eligible Vehicle(s), Tag ID(s), Tag(s), VIN(s) and/or other information for the purposes of this Offer; and/or (iii) for any other reason Toyota deems necessary, in its sole and absolute discretion, for the purposes of administering this Offer in accordance with the letter and spirit of these Terms. Further, Toyota reserves the right, in its sole and absolute discretion, to request any original Tag ID, Tag or VIN for the purposes of verification. Failure to provide such proof to the complete satisfaction of Toyota (including, if required, providing the original Tag ID, Tag or VIN) within the timeline specified by Toyota may result in disqualification in the sole and absolute discretion of Toyota. In any such case(s), Toyota reserves the right, in its sole and absolute discretion and at any time, to take whatever action it deems necessary based on the circumstances – including, without limitation, disqualifying the Tag ID (and therefore the individual associated with that Tag ID) – to help ensure that the Offer is being conducted in accordance with the letter and spirit of these Terms. The sole determinant of the time for the purposes of this Offer will be Toyota’s Official Clock(s) and the System.
8. THE REWARDS:
Each Reward (each, a “Reward” and collectively, the “Rewards”) consists of an Esso & Mobil PRICE PRIVILEGESTM Fuel Discount Card (a “Card”) that allows the holder to receive a discount of $0.03 per litre on the price of gasoline – up to a maximum of Eight Hundred and Eighty-Eight (888) litres at participating Esso and Mobil branded stations in Canada. The Card is subject to the terms and conditions of the issuer and will automatically expire when the maximum Card value of $26.64 is depleted or twelve (12) consecutive months after the Card has been activated (whichever occurs first). The approximate retail value of each Reward is $26.64 CAD. Each Reward must be accepted as awarded and is not transferable, assignable or convertible to cash (except as may be specifically permitted by Toyota in its sole and absolute discretion). No substitutions except at Toyota’s option. Toyota reserves the right at any time and for any reason to substitute any Reward with a reward of equal or greater retail value, including, without limitation, but solely at Toyota’s sole and absolute discretion, a cash award. Upon notification, a confirmed Reward recipient may, in the sole and absolute discretion of Toyota, be required to present adequate personal identification (in a form acceptable to Toyota – including, without limitation, government issued photo identification). A Reward recipient is solely responsible for all expenses that are not included in the Reward description above. There is a limit of one (1) Reward per Eligible Purchase. None of the Released Parties makes any representation or offers any warranty, express or implied, as to the quality or fitness of any Reward awarded in connection with the Offer. To the fullest extent permitted by applicable law, each confirmed recipient understands and acknowledges that he or she may not seek reimbursement or pursue any legal or equitable remedy from neither Toyota nor any of the Released Parties should his/her Reward fail to be fit for its purpose or is in any way unsatisfactory. For greater certainty and the avoidance of any doubt, by accepting a Reward, each confirmed recipient agrees to waive all recourse against the Released Parties if the Reward or a component thereof does not prove satisfactory, either in whole or in part. Any gift cards or certificates are subject to the terms and conditions of the issuer.
9. REWARD RECIPIENT CONFIRMATION PROCESS:
NO ONE IS A RECIPIENT OF A REWARD UNLESS AND UNTIL TOYOTA OFFICIALLY CONFIRMS HIM/HER AS A RECIPIENT OF THE REWARD IN ACCORDANCE WITH THESE TERMS. By participating in the Offer and accepting a Reward, each confirmed recipient of a Reward hereby: (i) confirms his/her compliance with these Terms; (ii) acknowledges his/her acceptance of the Reward (as awarded); and (iii) releases the Released Parties from any and all liability in connection with this Offer, his/her participation therein and/or the awarding and use/misuse of the Reward or any portion thereof. If an eligible recipient: (a) cannot accept (or is unwilling to accept) the Reward (as awarded) for any reason; and/or (b) is determined to be in violation of these Terms for any reason (all as determined by Toyota in its sole and absolute discretion); then he/she will be disqualified (and will forfeit all rights to the Reward). IMPORTANT NOTE: Any forfeited or unclaimed Reward(s) in this Offer will NOT be awarded.
If due to printing, production, online, internet, computer, technical or other error of any kind whatsoever, more Rewards are claimed than intended to be distributed or awarded according to these Terms, then, in addition to having the right to terminate the Offer immediately, Toyota reserves the right, in its sole and absolute discretion, to rescind invalid Reward claims. In no event whatsoever will the Released Parties be liable for more than a maximum of one (1) Reward per Eligible Purchase.
10. GENERAL CONDITIONS:
This Offer is subject to all applicable federal, provincial and municipal laws. The decisions of Toyota with respect to all aspects of this Offer are final and binding on all participants without right of appeal. ANYONE DEEMED BY TOYOTA TO BE IN VIOLATION OF THE LETTER AND/OR SPIRIT OF THESE TERMS FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF TOYOTA AT ANY TIME.
The Released Parties will not be liable for: (i) any failure of any website or any platform during or after the Offer (including, but not limited to, the System); (ii) any technical malfunction or other problems of any nature whatsoever, including, without limitation, those relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any Eligible Purchase(s), Eligible Service(s), Request(s), Tag ID(s), Tag(s), VIN(s) and/or other information to be received, captured, recorded or otherwise work properly for any reason whatsoever; (iv) any injury or damage to a participant’s or any other person’s computer or other device related to or resulting from participating in the Offer; (v) anyone being incorrectly and/or mistakenly identified as a recipient or eligible recipient; and/or (vi) any combination of the above.
Toyota reserves the right, in its sole and absolute discretion, to withdraw, amend or suspend this Offer (or to amend these Terms) in any way, in the event of any cause beyond the reasonable control of Toyota that interferes with the proper conduct of this Offer as contemplated by these Terms, including, without limitation, any error(s), problem(s), bug(s), tampering, unauthorized intervention, fraud or failure(s) of any kind whatsoever. Any attempt to undermine the legitimate operation of this Offer in any way (as determined by Toyota in its sole and absolute discretion) may be a violation of criminal and civil laws and should such an attempt be made, Toyota reserves the right to seek remedies and damages to the fullest extent permitted by law. Toyota reserves the right, in its sole and absolute discretion, to cancel, amend or suspend this Offer, or to amend these Terms, in any way without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason whatsoever.
By participating in this Offer, each participant expressly consents to Toyota, its agents and/or representatives, storing, sharing and using the personal information submitted only for the purpose of administering the Offer and in accordance with Toyota’s privacy policy (available at: http://www.toyota.ca/toyota/en/privacy/toyota). This section does not limit any other consent(s) that an individual may provide Toyota or others in relation to the collection, use and/or disclosure of their personal information.
Toyota reserves the right, in its sole and absolute discretion, to adjust any of the dates, timeframes and/or other Offer mechanics stipulated in these Terms, to the extent deemed necessary by Toyota, for purposes of verifying compliance by any participant and/or the legitimacy of any Eligible Purchase(s), Eligible Service(s), Request(s), Eligible Vehicle(s), Tag ID(s), Tag(s), VIN(s) and/or other information with these Terms, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of Toyota, in its sole and absolute discretion, affect the proper administration of the Offer as contemplated in these Terms, or for any other reason.
In the event of any discrepancy or inconsistency between the terms and conditions of these English Terms and disclosures or other statements contained in any Offer-related materials, including, but not limited to, the French version of these Terms, point of sale, television, print or online advertising and/or any instructions or interpretations of these Terms given by any representative of Toyota, the terms and conditions of these English Terms shall prevail, govern and control to the fullest extent permitted by law.
The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Terms shall otherwise remain in effect and shall be construed in accordance with the terms as if the invalid or illegal provision were not contained herein.
To the fullest extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms or the rights and obligations of participants, Toyota or any of the other the Released Parties in connection with the Offer will be governed by and construed in accordance with the domestic laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice of law or conflict of law terms or provisions that would cause the application of any other jurisdiction’s laws. The parties hereby consent to exclusive jurisdiction and venue of the courts located in Ontario in any action to enforce (or otherwise relating to) these Terms or relating to this Offer.
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