Official Contest Rules

The 2010 4Runner Contest ("Contest")

THIS CONTEST IS OPEN TO CANADIAN RESIDENTS ONLY AND IS GOVERNED BY CANADIAN LAW.

1. ELIGIBILITY:
Contest is open to all legal residents of Canada who have reached the age of majority in their province/territory of residence at the time of entry and who (at the time of entry): (i) hold a valid driver's license (equivalent to a full "G" class license in Ontario or class 3 in Quebec); and (ii) are insurable; except employees or agents (and those with whom they are domiciled) of Toyota Canada Inc. (the "Sponsor"), its affiliated companies (and their respective dealers), its advertising and promotion agencies and the Contest judges (collectively, the "Contest Parties").

2. VIDEO UPLOAD PERIOD:
No purchase necessary. Video Upload Period begins on December 10, 2009 at 12:00:01 am Eastern Time (ET) and ends on March 31, 2010 at 11:59:59 pm ET (the "Video Upload Period").

3. HOW TO ENTER:
To enter, go to toyota.ca/4runner (the "Website"), click on the "Enter" button and an entry form will appear. Fully complete the entry form, which requires you to enter your first name, last name, email address, telephone number and age. You will then be required to upload one (1) video (the "Video"). Your Video must be in accordance with the specific requirements listed below and should depict, describe and/or discuss how much you love trucks and SUV's (the "Theme"). When all required fields are completed (including uploading your Video), click the "Submit" button to complete your entry (entry form and Video hereinafter collectively referred to as "Entry/Entries").

There is a limit of five (5) Entries per person/email address permitted during the Video Upload Period. Each Entry you submit must include a unique and original Video. If it is discovered that you attempted to enter more than five (5) times during the Video Upload Period, then all of your Entries will be void. Entries will be rejected if: (a) the entry form is not fully completed (including uploading your Video) and submitted during the Video Upload Period; and/or (b) if the Video does not conform to the specific requirements listed below. The Contest Parties are not responsible for late, lost, misdirected, delayed, incomplete or incompatible Entries.

By submitting An entry, you agree that the Entry complies with all conditions stated in these Rules. The contest parties will bear no legal liability regarding the use of the Entry by the CONTEST PARTIES and THE contest parties SHALL BE HELD HARMLESS BY you IN THE EVENT IT IS SUBSEQUENTLY DISCOVERED THAT you have DEPARTED FROM OR NOT FULLY COMPLIED WITH ANY OF THE RULES.

4. VIDEO REQUIREMENTS:
Each submitted Video must never have been previously exhibited publicly outside of this Contest or selected as a winner in any other contest. To be eligible for entry in this Contest, each Video you submit must meet the following specific requirements:

Type

Maximum Length/Size

Language

Acceptable Formats

Video

Length: maximum 1 minute
Size: maximum 2GB

English or French

FLV, MPEG-2, MPEG-4, MOV

By participating in the Contest, each entrant agrees to be bound by these Official Contest Rules (the "Rules") and by the interpretation of these Rules by the Sponsor, and further warrants and represents that each Video he/she submits:

  1. is original to him/her and that the entrant has all necessary rights (including, without limitation, consent of the videographer) in and to the Video to enter the Contest;
  2. does not violate any law, statute, ordinance or regulation;
  3. does 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 (note: if you cannot obtain the consent of an individual appearing in your Video, then his/her face must be blurred out);
  4. will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party, or give rise to any claims for payment whatsoever; and
  5. is 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;
  • Explicit, graphic or excessive sexual activity;
  • Crude, vulgar or offensive language and/or symbols;
  • Derogatory characterizations of any ethnic, racial, sexual or religious groups;
  • Content that endorses, condones and/or discusses any illegal, inappropriate or risky activity, behaviour or conduct;
  • Personal information of individuals, including, without limitation, names and addresses (physical or electronic);
  • Conduct or other activities in violation of these Rules;
  • Commercial messages, comparisons or solicitations for products or services other than those of Sponsor;
  • Any identifiable third party products and/or trade-marks, brands or logos, other than those of Sponsor. For example, any clothing worn by persons and/or products appearing in your Video must not contain any visible logos, trade-marks or other third party materials; and
  • Any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor and/or the Contest Parties in its/their sole discretion.

The Sponsor and/or the Contest Parties will initially screen every Video. Any Video that the Sponsor and/or the Contest Parties deem, in its/their sole discretion, to violate the terms and conditions set forth in these Rules will not be posted. Prior to being posted on the Website, the Sponsor and/or the Contest Parties reserve the right, in its/their sole discretion, to edit or modify any Video, or to request an entrant to modify or edit his or her Video, in order to ensure that the Video complies with these Rules, or for any other reason. Any Video that is deemed appropriate will be posted on the Website and the entrant will receive an email notification from Sponsor indicating that the Video has been posted. If a Video is deemed to be inappropriate, the entrant will receive an email notification from Sponsor indicating that the Video has not been posted.

By entering the Contest and submitting an Entry, each entrant: (i) grants to the Sponsor, in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use the Video, in whole or in part, for advertising or promoting the Contest or for any other reason; (ii) waives all moral rights in and to his/her Video in favour of the Sponsor; and (iii) agrees to release and hold harmless the Contest Parties and each of their respective agents, employees, directors, successors, and assigns (collectively, the "Releasees") from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action. For greater certainty, the Sponsor and/or the Contest Parties reserve the right, in its/their sole discretion, to modify, edit or remove any Video, or to request an entrant to modify or edit his or her Video, if a complaint is received with respect to the Video, or for any other reason. If such an action is necessary during the Voting Period, then the Sponsor and/or the Contest Parties reserve the right, in its/their sole discretion, to reset the vote count associated with the Video to zero.

5. GRAND PRIZE:
There will be one (1) Grand Prize available to be won, consisting of a 2010 4Runner Trail Edition (BU3JRA C-Suffix) with an approximate retail value of $44,040 (the "Grand Prize"). Grand Prize includes destination/freight charges ($1560) and all applicable taxes.

Without limiting the generality of the foregoing, the following general conditions apply to the Grand Prize: (i) Grand Prize must be accepted as awarded and is not transferable or convertible to cash (no substitutions except at Sponsor's option); (ii) Sponsor reserves the right to substitute the Grand Prize or a component thereof for any reason with a prize or a prize component of equal or greater value, including without limitation, but solely at the Sponsor's sole discretion, a cash award; (iii) colour and other specifics of the Grand Prize will be at the sole discretion of the Sponsor; (iv) manufacturer's warranty applies to the Grand Prize; (v) upon notification, the Grand Prize winner will personally take delivery of the Grand Prize from a Toyota dealership within Canada reasonably close to the Grand Prize winner's place of residence in Canada as designated by Sponsor, in its sole discretion, and present adequate personal identification; (vi) Grand Prize will not be released unless and until the Grand Prize winner first shows proof of having a valid driver's license (equivalent to a full "G" class license in Ontario or class 3 in Quebec) in the province/territory in which he/she resides and proof of satisfactory insurance; (vii) Grand Prize winner is solely responsible for all taxes and expenses that are not included in the Grand Prize description above, including, but not limited to: registration and license fees, insurance, additional accessories and all other costs associated with any upgrade or option packages winner may request; and (viii) Grand Prize winner is solely responsible for all costs not expressly described herein including, without limitation, having or obtaining a valid driver's license, license plates, registration, insurance, fuel/gas.

The Grand Prize will only be awarded to the entrant whose complete name and valid e-mail address appears on the official Contest entry form. The Contest Parties are not responsible for the distribution of the Grand Prize as between any persons who may have participated in making the winning Entry.

6. SECONDARY PRIZE:
There will be one (1) Secondary Prize available to be won, consisting of a $1000 CDN Bass Pro Shops Gift Card that is redeemable online and/or in-store (the "Secondary Prize"). Secondary Prize is subject to the terms and conditions of the issuer and must be accepted as awarded and is not transferable or convertible to cash. No substitutions except at Sponsor's option. Sponsor reserves the right to substitute the Secondary Prize or a component thereof with one of equal or greater value, including without limitation, but at Sponsor's sole discretion, a cash award. The Secondary Prize will only be awarded to the entrant whose complete name and valid e-mail address appears on the official Contest entry form. Grand Prize Winner is not eligible to win the Secondary Prize.

7. FINALIST SELECTION PROCESS - 10 FINALISTS:

Part 1 - Judging (9 Finalists):
A panel of judges appointed by the Sponsor will judge all eligible Videos received during the Video Upload Period on the basis of originality, creativity and appropriateness to the Theme. Odds of your Video being selected depend on the number and calibre of eligible Videos received during the Video Upload Period. The top nine (9) eligible Videos with the highest total score ("Score") will be deemed to be selected Finalists and will be eligible to move to the Grand Prize judging phase (See Rule 8) for final selection of the Grand Prize winner (subject to compliance with these Rules). All criteria will be weighed equally. In the event of a tie between two or more Videos based on total Score, the Video (from amongst all such tied Videos) with the highest score on originality will be deemed to be the selected Finalist. Judging will be completed and each selected Finalist will be contacted by email or phone by June 15, 2010. Subject to Part 2 below, you may assume that you are not a selected Finalist if you have not been contacted by this date.

NOTE: if you have more than one (1) Video that is deemed to be an eligible selected Finalist in accordance with these Rules, then you must choose only one (1) Video to be put forward to the Grand Prize judging phase (See Rule 8) for final selection of a winner. For greater certainty, there is a limit of one (1) Video per person/email address in the Grand Prize judging phase.

Before being declared a FINALIST, each selected Finalist must sign and return within ten (10) business days of notification a declaration and release prepared by the Sponsor, which, among other things: (i) assigns all intellectual property, including copyright, in and to his/her Video and waives his/her moral rights therein in favour of the Sponsor; and (ii) agrees to indemnify the Releasees against any and all claims, damages, liabilities, costs, and expenses arising from use of his/her Video, including without limitation, any claim that his/her Video infringes a proprietary interest of any third party. If a selected Finalist fails to return the properly executed Contest documents within the specified time, then he/she will forfeit their opportunity to be a Finalist and another unique eligible entrant will be selected based on the next highest Score in accordance with these Rules.

Part 2 - Voting (2 Finalists):
Public voting begins on April 1, 2010 at 12:00:01 am ET and ends on May 30, 2010 at 11:59:59 pm ET (the “Voting Period”). During the Voting Period, the public will vote from amongst all eligible Videos received during the Video Upload Period that are posted on the Website. There is no limit to the number of times you can vote during the Voting Period, however you cannot vote more than once per person/email address/computer per day. If you attempt to vote more than once per person/email address/computer per day, an error message will display and the vote will not register. If it is discovered that attempts were made to: (i) vote more than once per person/email address/computer per day; (ii) use any form of automated, script, macro robotic or other program(s) to submit votes and/or (iii) engage in systematic voting from the same computer/IP address over a short period of time; then Sponsor reserves the right, in its sole discretion, to disqualify the votes and/or the Video to which such votes relate.

Immediately after the Voting Period, the top two Videos as ranked according to the total number of votes received during the Voting Period will each be deemed to be a selected Finalist and will be eligible to move to the Grand Prize judging phase (See Rule 8) for final selection of the Grand Prize winner (subject to compliance with these Rules). Odds of your Video being selected during the Voting Period depend on the number and calibre of eligible Videos received during the Video Upload Period and on the number of votes received during the Voting Period. In the event of a tie between two or more Videos (based on the highest number of votes received by the Voting Period), the Sponsor and/or its designated representative(s) will judge all such Videos that are tied on the basis of originality, creativity and appropriateness to the Theme (all weighed equally), and the Video with the highest Score as determined by the Sponsor and/or its designated representative(s) in its/their sole discretion will be deemed to be a selected Finalist. In the event that one of the top two Videos as ranked according to the total number of votes received during the Voting Period has also been declared a selected Finalist in accordance with Part 1 above, then the next eligible Video as ranked according to the total number of votes received during the Voting Period will be deemed to be a selected Finalist.

NOTE: if you have more than one (1) Video that is deemed to be an eligible selected Finalist in accordance with these Rules, then you must choose only one (1) Video to be put forward to the Grand Prize judging phase (See Rule 8) for final selection of a winner. For greater certainty, there is a limit of one (1) Video per person/email address in the Grand Prize judging phase.

Before being declared a FINALIST, each selected Finalist must sign and return within ten (10) business days of notification a declaration and release prepared by the Sponsor, which, among other things: (i) requires the entrant to correctly answer a time limited mathematical skill-testing question without mechanical or other aid; (ii) assigns all intellectual property, including copyright, in and to his/her Video and waives his/her moral rights therein in favour of the Sponsor; and (iii) agrees to indemnify the Releasees against any and all claims, damages, liabilities, costs, and expenses arising from use of his/her Video, including without limitation, any claim that his/her Video infringes a proprietary interest of any third party. If the selected Finalist: (a) fails to correctly answer the skill-testing question; or (b) fails to return the properly executed Contest documents within the specified time, then he/she will forfeit their opportunity to be a Finalist and another eligible entrant will be selected based on the next highest number of votes/judged score (if applicable) received during the Voting Period.

8. GRAND PRIZE WINNER SELECTION PROCESS - 1 GRAND PRIZE WINNER:
Another panel of judges appointed by the Sponsor will judge the Videos of the eleven (11) Finalists on the basis of originality and the extent to which the Videos exemplify the Theme. Odds of your Video being selected depend on the caliber of the eleven (11) eligible finalist Videos. The Video with the highest Score will be deemed to be the Grand Prize selected entrant. All criteria will be weighed equally. In the event of a tie based on total Score, the Video with the highest score on the extent to which the Video exemplifies the Theme will be deemed to be the Grand Prize selected entrant. Judging will be completed and the Grand Prize selected entrant will be contacted by email or phone before July 6th, 2010 Originally (June 30, 2010). If you have not been contacted by this date, you may assume that you are not the Grand Prize selected entrant.

Before being declared the WINNER, the Grand Prize selected entrant must sign and return within ten (10) business days of notification a declaration and release prepared by the Sponsor, which, among other things: (i) confirms compliance with these Contest Rules; (ii) acknowledges acceptance of the Grand Prize as awarded; and (iii) releases the Releasees from any liability in connection with this Contest, the Grand Prize selected entrant's participation therein and/or the awarding and use/misuse of the Grand Prize or any portion thereof.

If the Grand Prize selected entrant: (i) cannot be contacted by phone or email within three (3) attempts or ten (10) business days of July 6, 2010 (whichever occurs first); (ii) there is a return of any notification as undeliverable; or (iii) fails to return the properly executed Contest documents within the specified time, then he/she will forfeit their opportunity to be the Grand Prize winner and the next eligible Finalist (according to the next highest Score) will be deemed the Grand Prize selected Entrant.

9. SECONDARY PRIZE WINNER SELECTION PROCESS:
On July 5th, 2010 ("Draw Date") originally July 15, 2010 in Toronto, Ontario at approximately 12:00 pm ET, one (1) eligible entrant will be selected by random draw from among all eligible Entries received during the Video Upload Period. The odds of winning depend on the number of eligible Entries received during the Video Upload Period. The Sponsor and/or its designated representative will make three (3) attempts to contact the selected entrant by telephone within ten (10) business days of the Draw Date. If the selected entrant: (i) cannot be contacted within three (3) attempts or ten (10) business days of the Draw Date (whichever occurs first); or (ii) there is a return of any notification as undeliverable; then the selected entrant will be disqualified and an alternate eligible entrant will be randomly selected from among the remaining eligible Entries. Before being declared the Secondary Prize winner, the selected entrant will be required to: (a) correctly answer a time limited mathematical skill-testing question without mechanical or other aid; and (b) sign and return within ten (10) business days of notification the Sponsor's declaration and release form, which, among other things: (i) confirms compliance with these Contest Rules; (ii) acknowledges acceptance of the Secondary Prize as awarded; and (iii) releases the Releasees from any liability in connection with this Contest, the selected entrant's participation therein and/or the awarding and use/misuse of the Secondary Prize or any portion thereof. If the selected entrant: (a) fails to correctly answer the skill-testing question; or (b) fails to return the properly executed Contest documents within the specified time, then he/she will forfeit the Secondary Prize and an alternate eligible entrant will be randomly selected from among the remaining eligible Entries. For greater certainty, the Grand Prize Winner is not eligible to win the Secondary Prize.

10. GENERAL CONDITIONS:
By entering the Contest, each entrant agrees to the use of his/her Video/Videos, along with his/her name, address, voice, statements about the Contest and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by the Sponsor in any manner whatsoever, including print, broadcast or the Internet.

The Contest Parties will not be liable for any failure of the Website during the Contest; for any technical malfunction or other problems relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; for the failure of any Entry to be received by the Contest Parties for any reason including, but not limited to, technical problems or traffic congestion on the Internet or at any website; or any combination of the above. Further, the Contest Parties will not be liable for any injury or damage to an entrant's or any other person's computer related to or resulting from participating or downloading any material in the Contest.
In the event of a dispute regarding who submitted an Entry, Entries will be deemed to have been submitted by the authorized account holder of the email address submitted at the time of entry. "Authorized account holder" is defined as the person who is assigned an email address by an internet provider, online service provider, or other organization (e.g. business, educational institute, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. An entrant may be required to provide proof that he/she is the authorized account holder of the email address associated with the selected Entry and that he/she has all necessary consents, permissions and/or licenses as required by these Rules. The sole determinant of the time for the purposes of a valid Entry in this Contest will be the Contest server machine(s).

The Sponsor reserves the right, subject to the approval of the Régie des alcools, des courses et des jeux ("Régie"), to withdraw or amend this Contest in any way, in the event of an error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Contest as contemplated by these Rules. Any attempt to deliberately damage any website or to undermine the legitimate operation of this Contest is a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law. The Sponsor, with the consent of the Régie, reserves the right to cancel or suspend this Contest, or to amend these Rules without prior notice or obligation, in the event of any accident, printing, administrative, or other error or any kind, or for any other reason.

This Contest is subject to all applicable federal, provincial and municipal laws. The decisions of the Sponsor with respect to all aspects of this Contest are final and binding on all entrants without right of appeal, including, without limitation, any decisions regarding the eligibility/disqualification of entrants and/or Entries.

For Quebec residents: Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.

By entering this Contest, each entrant expressly consents to the Sponsor, its agents and/or representatives, storing, sharing and using the personal information submitted with his/her Entry only for the purpose of administering the Contest and in accordance with Sponsor's Privacy Policy, unless the entrant otherwise agrees.