THIS PROGRAM IS OPEN ONLY TO RESIDENTS OF CANADA
AND IS GOVERNED BY CANADIAN LAW
Standard data rates apply to participants who choose to participate in the Program via a mobile device. Please contact your service provider for pricing and service plan information and rates before mobile device participation.
1. KEY DATES:
The #ToyotaWave Beijing (the “Program”) is being offered by Toyota Canada Inc. (“Toyota”) and begins on January 24, 2022 at 12:00:00 a.m. Eastern Time (“ET”) and ends on March 13, 2022 at 11:59:59 p.m. ET or whenever the Maximum Donation Amount (as defined below in Rule 5) is reached – whichever occurs first (the “Program Period”).
2. ELIGIBILITY TO PARTICIPATE:
The Program is open only to residents of Canada who: (i) have reached the legal age of majority in their province/territory of residence at the time of participation; or (ii) are between the ages of thirteen (13) and the legal age of majority in their province/territory of residence (each, a “Minor”) provided any such Minor’s parent/legal guardian has consented to their participation in the Contest and has accepted and agreed to be legally bound by these Terms on the Minor’s behalf.
NOTE TO MINORS: Toyota reserves the right, in its sole and absolute discretion, on a random audit basis to contact a Minor’s parent/legal guardian for the purposes of verifying their: (i) agreement to be legally bound by these Terms on the Minor’s behalf; (ii) consent to the Minor’s participation in this Program; and/or (iii) consent to the collection, use and disclosure of the Minor’s personal information. Failure of a Minor’s parent/legal guardian to complete any such required verification to the complete satisfaction of Toyota within the time frame specified by Toyota may, in the sole and absolute discretion of Toyota, result in disqualification of the Minor.
3. AGREEMENT TO BE LEGALLY BOUND BY TERMS:
By participating in this Program, you (and your parent/legal guardian on your behalf if you are a Minor) are signifying your agreement that you have read and agree to be legally bound by these Official Terms (the “Terms”).
4. FACEBOOK, INSTAGRAM, TWITTER, YOU TUBE AND TIKTOK ARE NOT INVOLVED:
The Program is in no way sponsored, endorsed or administered by, or associated with Facebook, Instagram, Twitter, YouTube or TikTok (each, a “Social Platform”). Each Social Platform is hereby completely released of all liability by each participant in this Program. Any questions, comments or complaints regarding the Program must be directed to Toyota and not to a Social Platform.
5. HOW TO PARTICIPATE:
Toyota will donate $1 CAD up to a maximum of $100,000 CAD (the “Maximum Donation Amount”) for each of the following actions (each, an “Action”) completed in accordance with these Terms during the Program Period that remains live online until at least March 21, 2022 at 11:59:59 p.m. ET:
- Each use of #ToyotaWave or #VagueToyota (the “Hashtag”) on a qualifying social post as follows: (i) Instagram: Public profile, in-feed posts; (ii) Facebook: Public profile, in-feed posts; (iii) Twitter: Public profile tweets & replies; and (iv) TikTok: Public profile posts.
- Each comment on an official Toyota Canada account Wave post on Instagram, Facebook, TikTok and YouTube.
- Each share of an official Toyota Canada account Wave post on Instagram, Facebook and TikTok.
For the avoidance of any doubt, the following will not be considered as Actions for the purposes of this Program:
- Use of the Hashtag as follows: (i) Instagram: Private profile, Story Posts, Comments under a post; (ii) Facebook: Private profile, Story posts, Comments under a post; (iii) Twitter: Private profile, Story posts, Retweets; (iv) TikTok: Private profile, Story posts, Comments under a post; and (v) any other use or uses of the Hashtag not expressly defined as an Action in these Terms.
- Comments on an official Toyota Canada account Wave post on platforms other than those expressly defined as an Action in these Terms.
- Comments on any non-official Toyota Canada account Wave posts.
- Shares of any official Toyota Canada account Wave posts on platforms other than those expressly defined as an Action in these Terms.
- Shares of any non-official Toyota Canada account Wave posts.
To be eligible, all content and materials associated with your Action (regardless of the Action) (collectively, the “Materials”) must: (i) be in accordance with these Terms, including, but not limited to, the specific Submission Requirements listed below in Rule 8; and (ii) be in accordance with the applicable terms, Terms, policies and guidelines of the applicable Social Platform (the “Social Platform Terms”) (all as determined by Toyota in its sole and absolute discretion).
All determinations as to whether or not an Action will count towards the Maximum Donation Amount will be made by Toyota in its sole and absolute discretion and shall be considered final and binding without right of appeal.
6. PARTICIPATION CONDITIONS:
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 use multiple names, multiple identities, any automated, macro, script, robotic or other system(s) or program(s) and/or any other means not in keeping with Toyota’s interpretation of the letter and spirit of these Terms to enter or otherwise participate in or to disrupt this Program; then they may be disqualified from the Program in the sole and absolute discretion of Toyota.
Toyota, its parent companies, subsidiaries, affiliates, suppliers, dealers, advertising/promotion agencies and any other individual(s), entity or entities involved in the development, production, implementation, administration, judging or fulfillment of the Program, each Social Platform, and all of their respective agents, employees, directors, successors, and assigns (collectively, the “Released Parties”) are not responsible for, and accept no liability whatsoever in relation to, any late, lost, misdirected, delayed, incomplete or incompatible information (all of which is void).
7. VERIFICATION:
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 Program; (ii) for the purposes of verifying the eligibility and/or legitimacy of any information for the purposes of this Program; and/or (iii) for any other reason Toyota deems necessary, in its sole and absolute discretion, for the purposes of administering this Program in accordance with Toyota’s interpretation of the letter and spirit of these Terms. Failure to provide such proof to the complete satisfaction of Toyota within the timeline specified by Toyota may result in disqualification in the sole and absolute discretion of Toyota. The sole determinant of the time for the purposes of this Program will be the official time-keeping device(s) of Toyota.
8. SUBMISSION REQUIREMENTS:
BY PARTICIPATING YOU (AND YOUR PARENT/LEGAL GUARDIAN ON YOUR BEHALF IF YOU ARE A MINOR) AGREE THAT THE MATERIALS YOU POST COMPLY WITH ALL CONDITIONS STATED IN THESE TERMS. THE RELEASED PARTIES WILL BEAR NO LIABILITY WHATSOEVER REGARDING: (I) THE USE OF YOUR MATERIALS; (II) PARTICIPATION IN ANY PROGRAM-RELATED ACTIVITIES; AND/OR (III) ANY USE, COLLECTION, STORAGE AND DISCLOSURE OF ANY PERSONAL INFORMATION. THE RELEASED PARTIES SHALL BE HELD HARMLESS BY YOU (AND YOUR PARENT/LEGAL GUARDIAN ON YOUR BEHALF IF YOU ARE A MINOR) IN THE EVENT IT IS DISCOVERED THAT YOU HAVE DEPARTED FROM OR NOT OTHERWISE FULLY COMPLIED WITH ANY OF THESE TERMS AND/OR THE APPLICABLE SOCIAL PLATFORM TERMS (AS APPLICABLE). THIS RELEASE AND INDEMNITY SHALL CONTINUE IN FORCE FOLLOWING THE TERMINATION OF THE PROGRAM.
By participating in the Program, you (and your parent/legal guardian on your behalf if you are a Minor) hereby warrant and represent that any Materials you submit:
- are original to you and that you have obtained all necessary rights in and to the Materials for the purposes of participating in the Program;
- do not violate any law, statute, ordinance or regulation;
- do not contain any reference to or likeness of any identifiable third parties, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the age of majority in their jurisdiction of residence;
- will not give rise to any claims whatsoever, including, without limitation, claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party; and
- are not defamatory, trade libelous, pornographic or obscene, and further that it will not contain, depict, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups (including, without limitation, any competitors of Toyota); content that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct; personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services other than products of Toyota; any identifiable third party products, trade-marks, brands and/or logos, other than those of Toyota (e.g. any clothing worn and/or products appearing in your Materials must not contain any visible logos, trade-marks or other third party materials unless the appropriate consents have been obtained --- note: all identifiable third party products, trade-marks, brands and/or logos for which consent has not been obtained by the participant must be blurred out so as to be unrecognizable); conduct or other activities in violation of these Terms; and/or any other materials that are or could be considered inappropriate, unsuitable or offensive, all as determined by Toyota in its sole and absolute discretion.
Toyota and/or its promotional agency or designated content moderator (the “Reviewer”) reserves the right to screen all Materials. Any Materials that the Reviewer deems, in its sole and absolute discretion, to violate the terms and conditions set forth in these Terms are subject to disqualification. The Reviewer reserves the right, in its sole and absolute discretion at any time and for any reason, to remove any Materials (or any part thereof) and/or to request a participant to modify, edit and/or re-submit their Materials (or any part thereof) in order to ensure that the Materials comply with these Terms, or for any other reason. If such an action is necessary at any point during or after the Program, then reserves the right, in its sole discretion, to take whatever action it deems necessary based on the circumstances – including, without limitation, disqualifying the Materials (and therefore the corresponding Action and/or the associated participant) – to help ensure that the Program is being conducted in accordance with Toyota’s interpretation of the letter and spirit of these Terms.
9. LICENSE:
By entering the Program, you (and your parent/legal guardian on your behalf if you are a Minor) hereby: (i) without limiting the applicable Social Platform Terms, as applicable, grants to Toyota, in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use your Materials (and each component thereof), in whole or in part, for advertising or promoting the Program or for any other reason; (ii) waive all moral rights in and to your Materials (and each component thereof) in favour of Toyota (and anyone authorized by Toyota to use such Materials); and (iii) agree to release and hold harmless Toyota and all of the other Released Parties from and against any and all claims, damages, liabilities, costs, and expenses arising from use of your Materials (or any component thereof), including, without limitation, any claim based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related or other cause of action whatsoever.
10. DONATION:
Following the close of the Program Period, Toyota will make a one-time corporate donation (the “Donation”) to the Canadian Olympic Foundation and Paralympic Foundation of Canada in support of Canadian athletes. The amount of the Donation will equate to $1 CAD per Action completed in accordance with these Terms – up to the Maximum Donation Amount. For the avoidance of any doubt, the Donation will not result in any tax or other form of benefit to the participant(s) in the Program.
11. GENERAL CONDITIONS:
This Program is subject to all applicable federal, provincial and municipal laws. The decisions of Toyota with respect to all aspects of this Program are final and binding on all participants without right of appeal. ANYONE DEEMED BY TOYOTA TO BE IN VIOLATION OF TOYOTA’S INTERPRETATION 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 the Program; (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 information to be received, captured or recorded for any reason whatsoever, including, but not limited to, technical problems or traffic congestion on the internet or at any website; (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 Program; and/or (v) any combination of the above.
Toyota reserves the right, in its sole and absolute discretion, to withdraw, amend or suspend this Program (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 Program as contemplated by these Terms, including, without limitation, any error, problem, computer virus, bugs, tampering, unauthorized intervention, fraud or failure of any kind whatsoever. Any attempt to undermine the legitimate operation of this Program 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 Program, 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 entering this Program, you (and your parent/legal guardian on your behalf if you are a Minor) expressly consent to Toyota, its agents and/or representatives, storing, sharing and using the personal information submitted for the purpose of administering the Program and in accordance with Toyota’s privacy policy. This section does not limit any other consent(s) that you may provide Toyota or others in relation to the collection, use and/or disclosure of your personal information.
Toyota reserves the right, in its sole and absolute discretion, to adjust any of the dates, timeframes and/or other Program mechanics stipulated in these Terms, to the extent deemed necessary by Toyota, for purposes of verifying compliance by any participant 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 Program 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 Program-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 Program 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 the 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 Program.