National Audubon Society “Exit The Highway” Sweepstakes
(“Promotion”)
OFFICIAL RULES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. INTERNET ACCESS AND A VALID EMAIL ADDRESS ARE REQUIRED TO ENTER.
Eligibility: The Promotion is open only to legal residents of the 48 Contiguous United States and the District of Columbia that are 18 years of age or older, and not a minor in his/her primary state of residence (i.e., at least 19 years of age if a resident of Alabama or Nebraska), as of June 27, 2012, except employees, officers and directors of National Audubon Society, Inc. (“Sponsor”); Toyota Motor Sales, U.S.A., Inc.; Toyota Motor North America, Inc.; Cohn & Wolfe and each of their respective subsidiaries; affiliated companies; sales representatives; advertising, sales, promotion and judging agencies and webmasters directly associated with the Promotion; and any entities directly associated with the Promotion, including respective immediate family members (spouse, parents, siblings, children and their spouses) or household members, whether or not related (collectively with Sponsor, the “Promotion Entities”). By entering you agree to these Official Rules. The Promotion is void outside the 48 Contiguous United States/D.C. and where prohibited.
To Enter: Between June 27, 2012, 12:00 p.m. (noon) Eastern Time (“ET”), and September 4, 2012, 11:59 a.m. ET (“Promotion Period”), visit: (i) exitthehighway.togethergreen.org or www.exitthehighway.org (the “websites”) and click on the Pledge Promotion banner or link to access the Promotion page to make a pledge to visit nature this summer, or (ii) Causes.com (also a “website”) and make a pledge to visit nature this summer (any such website pledges, the “Pledge”). In order to make the Pledge at either of the ETH websites, you must first register for the website by creating a profile. You will receive one (1) entry into the Grand Prize Drawing for making a Pledge at either ETH website or the Causes.com website. After making the Pledge you may receive additional entries by submitting a photograph (“Photo”) of a visit to nature at exitthehighway.togethergreen.org or www.exitthehighway.org , along with a description of the visit (“Description,” and collectively with the Photo, the “Submission”). You may also receive additional entries into the Grand Prize Drawing by synching your Twitter or Instagram account with your ETH profile and then posting an image using your Twitter or Instagram account with the hashtag #exitthehighway. The Description must be written in English and be 50 words or less. Photos must meet the following requirements: (i) submitted in one of the following formats: jpg, gif or png; (ii) maximum file size is 3MB (3145728 bytes). Submissions will not be judged. You may submit any number of Submissions, but each Photo and Description must be unique, as determined by the Sponsor in its sole discretion. Use caution and common sense in creating your Photos. By submitting a Submission, you represent and warrant that all persons appearing in the Photo have consented (a) to appear in the Photo, (b) to have the Photo included with the Submission, and (c) to Sponsor’s use of the Photo as provided in these Official Rules. You MUST be parent/legal guardian of any child depicted in a photo, or have permission from a parent/legal guardian of each child depicted to submit the photo in this Promotion. If you are not the parent/legal guardian of any child depicted in a Submission, you must check the boxes in the entry form stating that you have permission from the child’s parent/legal guardian to show the child in the Submission. If the Submission contains any material or elements that are not owned by you and/or which are subject to the rights of third parties, the you are responsible for obtaining, prior to submission of the Submission, any and all releases and consents necessary to permit the use of the Submission by Sponsor in the manner set forth in these Official Rules, including, without limitation, permission to use the name and likeness of any person who appears in or is identifiable in the Submission; provided that Sponsor shall have the option in Sponsor’s sole discretion to remove any such materials, elements or individuals from the Submission. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any participant at any time. Failure to comply will result in disqualification of the corresponding entry. By participating in the Promotion, each entrant hereby grants Sponsor (a) the right to use and sublicense his/her name, likeness, voice, image, statements and biographical information at any time or times for advertising, trade, publicity and promotional purposes in any media now known or hereafter discovered, worldwide and on the World Wide Web, without review, notification, approval or additional compensation, unless prohibited by law; and (b) a nonexclusive, worldwide, perpetual, royalty-free license to use and sublicense the Submissions, including all associated reproduction, distribution, transfer, modification, excerption (in whole or in part), display, performance, derivative works and commercial and non-commercial exploitation rights in any and all media now known or hereafter invented, without limitation, and without additional consideration to you. Participants may be required to promptly execute any documents necessary to perfect such rights in the Sponsor. Each entrant represents and warrants: (a) he/she is the sole and exclusive author and owner of the Submission and all rights therein and that no portion of any Submission has been published previously; (b) he/she has the full and exclusive right, power and authority to submit the Submission and to grant the rights to the Submission herein granted, including but not limited to the worldwide copyright license, upon the terms and conditions set forth herein; (c) no rights in the Submission have been previously granted to any person, firm, corporation or other entity or otherwise exercised or made use of or encumbered in any way; and (d) his/her Submission does not defame or invade publicity rights or the privacy of any person, living or deceased, or otherwise infringe upon any third party’s copyright, trademark or any other personal or property rights. Sponsor reserves the right in its sole discretion to disqualify any Submission at any time in the event it is determined the Submission is offensive, inappropriate, not in keeping with Sponsor’s image or if it is determined that the entrant has not otherwise complied with any portion of these Official Rules. Any robotic, programmed, script, macro or other automated entries will be void.
Drawing/Odds Of Winning: One (1) Grand Prize winner will be selected in a random drawing on or about September 10, 2012 from all entries received for the entire Promotion Period. Odds of winning a Grand Prize depend on the total number of eligible entries received from all methods of entry combined for entire Promotion Period. Drawing will be conducted by an independent judging agency whose decisions shall be final in all matters relating to the Promotion.
Prize: Grand Prize (1): a 2012 Toyota Prius V vehicle (Model #1245) with 50 state emissions, display audio with navigation and Entune. Winner must possess a current, valid U.S. driver’s license and must present proof of such license prior to taking possession of the prize vehicle. Prize vehicle will be delivered through a Toyota dealer near winner’s primary address (as determined by Sponsor). Winner is responsible for all costs and expenses related to taking possession of the prize vehicle from the dealer. If winner does not take possession of the prize vehicle within thirty (30) days of delivery notice, Sponsor may declare the prize forfeited and select an alternate winner. Prize vehicle will be a base model. Color and features of prize vehicle are at the sole discretion of Sponsor. Approximate retail value: $30,000.00. Any vehicle displayed or pictured in promotional/advertising materials may not be the actual vehicle awarded. No substitutions, cash redemption or transfer of prize permitted, except Sponsor reserves the right to substitute a prize of equal or greater value. Prize is subject to availability. Sponsor shall not be responsible for delays in delivery of prize vehicle, and delivery is subject to availability. Sponsor, however, shall use all reasonable efforts, subject to availability, to deliver the vehicle within one-hundred eighty (180) days of completion of the verification process and return of the Prize Acceptance Form. Vehicle will be delivered solely with the express limited warranties set forth in the vehicle’s Owner’s Guide, which warranties shall run for the term set forth in said Owner’s Guide. All title, registration, license, insurance costs, federal, state, and other taxes, are solely the responsibility of the winner in accordance with local, state and federal laws. Prize will be awarded provided it is properly claimed in accordance with these Official Rules
General Conditions: Grand Prize winner will be notified by email and mail and will be required to execute an Affidavit of Eligibility, a Liability Release and (where legal) a Publicity Release. If (i) a potential Grand Prize winner fails to return such documents within seven business days, declines the Grand Prize, is found to be ineligible, or does not comply with these Official Rules, or (ii) any prize notification or prize is returned as undeliverable, then the potential Grand Prize winner may be disqualified and an alternate winner may be selected. If a winner is found to be in violation of any of these Official Rules after the prize has been used, then in addition to forfeiting the prize, at Sponsor’s discretion, he/she may be required to reimburse Sponsor for the stated value of the prize. By entering, entrants agree to release, indemnify, defend and hold harmless the Promotion Entities and each of their respective affiliates, subsidiaries, advertising and promotion agencies and all of their respective officers, directors, employees, representatives and agents from any and all liability, for any damages, injuries or losses of any kind to property or person(s), including death, arising directly or indirectly from (1) the acceptance, possession, misuse or use of a prize or his/her participation in the Promotion or any Promotion-related activity; or (2) a breach of any of these Official Rules, including, but not limited to, a claim of ownership of any copyright, trademark or any other personal or property rights, libel, defamation, invasion of privacy, or right of publicity. All federal, state, and local laws and regulations apply. By entering, entrants agree that all matters concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Promotion, will 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. By entering, entrants consent to the jurisdiction and venue of the federal, state and local courts in New York, NY. The information you disclose when you register for the Promotion will be subject to the Privacy Policy set forth at http://togethergreen.org/privacy.aspx.
Limitations of Liability: In the event of a dispute regarding the identity of an entrant, such entry will be deemed to be made by the authorized account holder of the e-mail address submitted at the time of entry. “Authorized account holder” is deemed as the natural person who is assigned to an e-mail address by an Internet access provider, service provider or other online organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Sponsor is not responsible for any change of e-mail, mailing address and/or telephone number of entrants. Neither Sponsor nor its agencies are responsible for lost, late, stolen, illegible, misdirected, or non-delivered entries, or e-mail; or for lost, interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), website or other connections availability, accessibility or traffic congestion, or miscommunications, or failed computer, network, telephone, satellite, or cable hardware, software or lines, or technical failure, or jumbled, scrambled, delayed, or misdirected transmissions, or computer hardware or software malfunctions, failures or difficulties, or other errors of any kind whether human, mechanical, electronic or network, or the incorrect or inaccurate capture of entry or other information or the failure to capture, or loss of, any such information. Neither Sponsor nor its agencies are responsible for any incorrect or inaccurate information, whether caused by website users, or by any equipment or programming associated with or utilized in the Promotion and assume no responsibility for any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or tampering with or hacking of website. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds may be tampering with the entry process or operation of the Promotion or website, may be acting in violation of the terms of the website or these Official Rules or may be acting in a non-sportsmanlike or disruptive manner, or with intent to threaten, abuse or harass any other person. Neither Sponsor nor its agencies are responsible for injury or damage to entrant’s or any other person’s computer related to or resulting from participating in the Promotion or downloading or copying materials from or use of website. If, for any reason, the Promotion is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, hacking, unauthorized intervention, fraud, technical failures or any other causes which, in sole opinion of the Sponsor, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Promotion, and randomly select winner from entries received prior to the event requiring such action taken. Any attempt to deliberately damage any website or undermine the legitimate operation of the Promotion is unlawful and subject to legal action by Sponsor or its agents. By entering the Promotion, entrant acknowledges and agrees that: (i) Sponsor may create on its own or obtain many Submissions under this Promotion and that such Submissions may be similar or identical in theme, idea, format or other respects to others submitted under this Promotion and/or other promotions staged and/or sponsored by Sponsor; (ii) entrant waives any and all claims entrant may have had, may have, and/or may have in the future that any Submissions and/or other works accepted, reviewed and/or used by other entrants and/or Sponsor (or their designees) may be similar to entrant’s Submission; (iii) Sponsor does not have, nor shall have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright in and to entrant’s Submission.
By entering this Promotion and/or accepting the prize, entrant and/or winner agrees to, and hereby does, release the Promotion Entities, their parent companies, subsidiaries, affiliates and divisions, and their respective directors, employees, officers and agents from any and all liability, loss or damage of any kind, including direct, indirect, incidental, consequential or punitive damages arising from or in connection with participation or attempt to participate in any Promotion-related activities (including, but not limited to, access to, use of, and downloading or printing material from the website), the awarding, receipt, use or misuse of the prize, and any claims based on publicity rights, defamation or invasion of privacy, The Promotion Entities and their parent companies, subsidiaries, affiliates and divisions, and their respective directors, officers, employees, attorneys, representatives and agents make no warranties, and hereby disclaim all warranties, express or implied, concerning participation in any Promotion-related activities, or any prize furnished or awarded in connection with the Promotion, including, but not limited to, any winner’s ability to claim a prize awarded in the Promotion for reasons of the prize provider’s bankruptcy, insolvency or failure to continue its business. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Winners List: For the name of the prize winner, available after winner has been verified, send a self-addressed stamped business-size envelope with proper postage affixed by October 31, 2012 to: Exit The Highway Winners List, 6240 Oakton Street, Morton Grove, IL 60053.
Sponsor: National Audubon Society, Inc., 225 Varick Street, New York, NY 10014.