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Toyota_The Book of Names

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Miguel Gomez

Ipsum es simplemente el texto de las relleno de las imprentas y archivos de texto. Lorem Ipsum ha sido el texto de relleno estándar de las industrias norm desde el, que se dedica a la coloredae deles.

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TOYOTA NAME PLATE/BADGE CAMPAIGN
TERMS AND CONDITIONS AND USER AGREEMENT

Please read the following agreement carefully, as it details what you may submit and how Toyota may use your materials. Among other items, the agreement includes the following terms:

  • In order to participate, you must be a resident of one of the fifty (50) United States and have a valid driver’s license.

  • Badge supplies are limited and will be provided only for a limited time and while supplies last. There is a limit of two (2) Badges per participant/household. We have the right to decline to fulfill to your order in our sole discretion.

  • You will allow us and our partners and agencies to re-use the content you post or submit for advertising and commercial purposes, without further compensation to you. Our use of the content you submit may include, but is not limited to, re-use on other online web pages or applications (including but not limited social media websites, content sharing websites and Toyota-owned websites).

  • If you submit or post content that contains images, photos, videos, music, lyrics or other materials created or owned by other people, you agree you have obtained their permission to include these works in your content and to submit such content to us. If such content includes photos, pictures, likenesses, voices or names of any other person(s), you agree that you have obtained the consent of each person shown, named or identified in the content to submit such content to this promotion. You also agree that you can provide written copies of such permissions upon our request.

  • You will submit content consistent with “good taste” and the submission guidelines detailed in this agreement.

  • If your post or submission contains any images, video, representations, text or materials of persons who are minors, you agree that you are the legal guardian of the minor in the submission. As the legal guardian of the minor, you acknowledge that you agree to the minor being featured in the submission and in other uses of the content online and offline, for any advertising or commercial purpose(s).

  • We may use the information you submit, including your e-mail address, to send you information regarding Toyota products, services or events.

  • We may disclose the information you submit to third parties, including independent contractors, vendors, suppliers, affiliates, advertising and promotion agencies, and service providers in order to fulfill your order, provide you with information regarding Toyota products and services and send or inform you of advertising and promotions regarding such products and services.

  • You will be submitting content that others can see, so you will need to be respectful of your own and others’ privacy.

Before you can submit your content, you must (a) scroll through this User Generated Content Agreement and (b) indicate your assent by checking the box at the base of the agreement.

USER GENERATED CONTENT AGREEMENT

This agreement (“Agreement”) governs your conduct and the parties’ respective rights with respect to any submissions you make associated with the Mas Que Un Auto campaign (collectively "Program") offered and used by Toyota.

The Agreement includes our Legal Terms and Privacy Policy,1 which are incorporated into this Agreement in full. If you agree to this Agreement, you agree to the Legal Terms and Privacy Policy as well.

For the purposes of this agreement:

  • “Toyota” means Toyota Motor Sales U.S.A., Inc. and its subsidiaries, affiliates, assigns, successors, brands, licensors, licensees, and/or agents. The Program may be offered on various Toyota-owned or sponsored websites, web pages and/or online applications.

  • “Submission” means any text, photograph, images, video, music, sound effect, audio/sound recording, artwork or other materials or information submitted to the Program or posted to Twitter, Facebook, or Instagram using the hashtag #masqueunauto.

IN ORDER TO PARTICIPATE IN THE PROGRAM, YOU MUST HAVE A VALID DRIVER’S LICENSE AND BE A LEGAL RESIDENT OF THE UNITED STATES. VOID WHERE PROHIBITED BY LAW..

The Badge Offer part of the Program (the “Offer”) begins at 5:00 AM Pacific Standard Time on January 26, 2014 and ends at 11 PM Pacific Standard Time on December 31, 2014, or while supplies last (the “Offer Period”).

To qualify for the Offer, you must submit a complete Submission to the Program website, located at Masqueunauto.com, during the Offer Period that includes valid responses to all applicable fields. Following completion of the Submission, subject to the terms of this Agreement and while supplies last Toyota may send you one (1) Program badge (“Badge”). The depiction of the Badge in any advertising or promotional materials may not reflect the actual Badge delivered. Regardless of the number of Submissions, there is a limit of one Badge per participant/household.

When you submit and/or post a Submission, you agree to the following:

  • all content that you submit and/or post is accurate;

  • your Submission is original and was created by you;

  • you are a U.S. citizen or resident and you are at least eighteen (18) years of age, or at least nineteen (19) if you are from Alabama or Nebraska, or at least twenty-one (21) if you are from Mississippi (or if you are a minor, your parent or guardian is submitting the Submission and agreeing to this Agreement on your behalf);

  • if you are an employee of Toyota or an affiliate or agency of Toyota hired by Toyota to promote and/or sell Toyota products, you will disclose your affiliation to Toyota in the content of any Submission;

  • Toyota’s use of the Submission you upload and/or post does not violate the terms of this Agreement and will not cause injury to any person or entity; and

  • your Submission (or any portion of it) has not been included in nor planned for use in any other advertising or promotional materials, for Toyota or any third party

SUBMISSION GUIDELINES

You agree that you shall not upload and/or post any Submission that includes or references any one or more of the following:

  • information known by you to be false, inaccurate or misleading;

  • offensive, profane, vulgar, obscene or inappropriate language or visuals;

  • defamatory, libelous, or slanderous content;

  • content which infringes or misappropriates any third party's copyright, patent, trademark, trade secret, right of publicity, right of privacy, moral rights, and/or any other applicable personal or proprietary rights;

  • content which violates any law, statute, ordinance or regulation;

  • content that engages in, encourages, advocates, or provides instructions for conduct that would constitute a criminal or civil offense under any law, statute, ordinance or regulation;

  • material or content that is, or may reasonably be considered to be, hate speech, whether directed at an individual or group, or that is otherwise unlawfully threatening or unlawfully harassing to any individual, partnership, corporation, or political body;

  • material or content for which you were compensated or granted any consideration by any third party;

  • content or materials in which you impersonate another person or entity;

  • content or materials intended to create disruption or to mislead others interacting with the Program, such as posting multiple Submissions in an effort to monopolize the forum or posting a Submission unrelated to the Program’s designated topic or theme;

  • content which includes third party websites, addresses, email addresses, contact information or phone numbers; or

  • programming or materials containing any Trojan horses, computer viruses, worms, harmful code, or other potentially damaging computer programs or files.

  • Any material that violates any of the applicable terms of the site on or to which you post it

Toyota shall have the right, but not the obligation, to pursue any one or more of the following actions with regard to your Submissions and your interaction with the Program:

  • to monitor or review your Submission;

  • to remove or refuse to accept any Submission, fulfill any Submission, provide any Badge or order or to post or use any Submission within the Program that it deems, in its sole discretion, to violate the content submission guidelines noted above or any other provision of this Agreement; and

  • to suspend or terminate your access to the Program as Toyota deems appropriate in the circumstances.

You acknowledge that you, not Toyota, are responsible for the contents of any Submission(s). None of the Submissions that you upload and/or post shall be subject to any obligation of confidence on the part of Toyota, its third party service providers and agents, or their respective directors, officers and employees.

Badges are available only for a limited time and while supplies last. Toyota may reject or decline to fulfill or respond to any Submission for any reason or no reason in its sole discretion. The approximate retail value of the Badge is fifty cents ($0.50 per letter). No substitutions are available. Toyota is not responsible for lost, stolen or damaged Badges.

RESTRICTIONS AND LIMITATIONS

Officers, directors managers and employees (including immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and members of the same household, whether or not related) of Toyota, Conill Advertising, Inc. (“Conill”), and each of their respective parents subsidiaries, affiliates and related companies, licensees, distributors, retailers, dealers, printers, advertising and promotion agencies, consultants and agents, and any others engaged in the development, production, execution or distribution of this Offer and the Program are not eligible to participate.

The Offer is subject to all federal, state and local laws and regulations and is void outside the United States and wherever restricted or prohibited by law.

Registrations submitted or completed on your behalf by anyone other than you are void. Any attempt by you to obtain more than one Badge by using multiple/different identities, and/or any other methods will void your Submission and you will be disqualified from the Offer and the Program. No mechanically or programmatically reproduced Submissions are permitted. Toyota will not verify receipt of any Submission. Toyota is not responsible for lost, late, or misdirected Submissions.

Any person who tampers with or disrupts the Submission process or the operation of the Offer or the Program in any way or who otherwise violates this Agreement may be disqualified at Toyota’s discretion. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE OFFER OR PROGRAM MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, TOYOTA RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. TOYOTA'S FAILURE TO ENFORCE ANY TERM OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF ANY OF THESE PROVISIONS.

Should any portion of the Offer or the Program be, in Toyota’s sole discretion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole discretion of Toyota, corrupts or impairs the administration, security, fairness or proper play, or submission of Submissions or receipt of Badges, Toyota reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Offer and/or Program or conduct the Offer and/or Program in a manner which in its sole discretion is fair, appropriate and consistent with these Terms and Conditions.

IP AND RIGHT OF PUBLICITY REPRESENTATIONS AND WARRANTIES

By uploading and/or posting a Submission, you agree that you have all the rights to submit the Submission to Toyota. You also agree that the Submission does not contain any material or information that, through its inclusion in the Submission and/or use by Toyota (for any purpose), would violate or infringe upon any copyright, trademark, right of publicity or persona, right of privacy, moral rights, or other personal or proprietary right of any person or entity or violate any related law or regulation.

If your Submission contains any material or information (such as, for example, text, music, audio recordings, video or photographs) that is owned by anyone other than you (“Third-Party Material”), you must obtain written permission from each person or entity that owns or controls the Third-Party Material before you include it in your Submission. You also agree that you can immediately provide written copies of such permissions upon Toyota’s request.

In addition, if your Submission contains the name, nickname, username, biographical information, vocal recording, illustration, photograph, video, portrait, likeness, picture, information or representation of any other person (collectively “Third-Party Personal Content”), you must obtain written permission from such person or persons to include such Third-Party Personal Content before you include it in your Submission. You also agree that you can immediately provide written copies of such permissions upon Toyota’s request.

Any statements made by you or by any other person in any of your Submissions accurately reflects your (or his or her, as applicable) personal beliefs and experience with Toyota and Toyota’s products.

GRANT OF RIGHTS and RELEASE

In exchange for participating in the Program and having your Submission(s) considered for use by Toyota in the Program and/or as otherwise detailed below, sufficiency of which you acknowledge, you grant each of the following to Toyota:

  • a non-exclusive, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicenseable and transferable right and license to use, reproduce, adapt, publish, translate, create derivative works from, distribute, transmit, display, and perform such Submission, in whole or in part, in any media, format or technology, whether now known or hereafter discovered, and in any manner including, but not limited to, all promotional, advertising, marketing, publicity, and commercial uses and ancillary uses thereof, without any further notice or payment to or permission needed from you (except where prohibited by law);

  • an unrestricted, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicensable right to use your name, nickname, user name, biographical information, vocal recordings of you, and/or any illustration, photographic or videographic clips, portraits, likenesses or pictures of you or any other indicia of your right of publicity rights (collectively “Your Personal Content”) as contained in your Submission, in composite or distorted form or as otherwise incorporated into other creative works of authorship, in any media, format or technology, whether now known or hereafter discovered, and in any manner including, but not limited to, all promotional, advertising, marketing, merchandising, publicity, and commercial uses and ancillary uses thereof, without any further notice or payment to or permission needed from you (except where prohibited by law).

You also agree to waive any applicable moral rights as contained in your Submission for any of the proposed uses listed above. Without limiting the foregoing, submission of a Submission constitutes your agreement that Toyota is permitted to display the Submission online for public viewing and/or comment (whether on Toyota’s web pages or on third party web pages), to incorporate the Submission in online and offline advertising, marketing, promotional, and/or other commercial materials, and to reproduce, adapt and distribute the Submission in all media, whether now known or later developed. You waive any right to inspect and/or approve any use your Submission permitted by this Agreement. Toyota is not required to credit you in any such use, but may do so at its discretion. Toyota will have no obligation to post or use any Submission.

By submitting a Submission, you agree to release, hold harmless and indemnify on behalf of yourself and your successors, assigns and representatives, Toyota and each of its respective officers, directors and employees from and against any and all claims, suits, actions, demands, liabilities and damages of any kind whatsoever arising out of or in connection with the use of such Submission, including, without limitation, any and all claims for copyright infringement, invasion of privacy, violation of the right of publicity or of moral rights, and/or defamation. Without limiting the foregoing, in no event will you be entitled to, and you waive any right to, enjoin, restrain or interfere with use of the Submission or Your Personal Content embodied in such Submission or the exploitation of any of Toyota’s rights as noted above.

You understand that Toyota is relying upon your representations, grants of rights, waivers and releases in permitting you to submit a Submission. You acknowledge that you may not terminate or rescind the grants of rights and licenses and/or the releases contained in this Agreement.

USE OF INFORMATION THAT WE COLLECT

We may use the information you submit to us in any Submission, including your e-mail or mailing address, to provide you information on new products or upcoming events or as otherwise permitted by our Privacy Policy.2 However, if you do not wish to receive such messages from us, please let us know by sending an e-mail with “Unsubscribe” in the subject to info@masqueunauto.com3

We may disclose information you submit in any Submission to our independent contractors, vendors or suppliers, subsidiaries, affiliates, sponsors, partners, advertisers or other third parties as permitted by our Privacy Policy or to otherwise provide information, content, advertising, products and services related to Toyota, such as providing information, advertisements or promotions regarding Toyota products and services, processing transactions, fulfilling orders, providing customer service, performing advertising or sponsorship services or administering promotions, contests, sweepstakes or surveys.  

Please see our Privacy Policy4 for more information on what information we collect and how we use that information.

LIMITATION OF LIABILITY

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, YOU AGREE THAT THE ENTIRE LIABILITY OF TOYOTA TO YOU OR ANY THIRD PERSON, AND THAT YOUR OR ANY THIRD PERSON'S EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE SERVICE PROVIDED UNDER THESE TERMS OF USE AND/OR FOR ANY BREACH OF THESE TERMS IS SOLELY LIMITED TO THE APPROXIMATE RETAIL VALUE OF YOUR BADGE AS SET FORTH HEREIN. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, TOYOTA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT A STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN SUCH STATES.

Toyota, Conill, and each of their respective officers, directors, managers, employees, parents, subsidiaries, affiliates, agents, members, shareholders, insurers, servants, divisions, predecessors, successors, representatives, dealers, distributors, advertising, promotion, and fulfillment agencies, consultants and legal advisors are not responsible for (a) unauthorized human intervention in any part of the Submission process, the Program or the Offer; (b) electronic or human error which may occur in the administration of the Offer, the Program or the processing of Submissions; (c) any injury or damage to persons or property, which may be caused, directly or indirectly, in whole or in part, from participation in the Offer or the Program; (d) any printing or typographical errors in any Badge or any Offer or Program-related materials; (v) stolen, lost, late, misdirected, corrupted, incomplete, or indecipherable Submissions; or (e) technical failures of any kind, including but not limited to the malfunctioning of any computer, mobile device, cable, network, hardware or software.

CHOICE OF LAW, VENUE AND JURISDICTION

  • This Agreement shall be governed by and interpreted in all respects in accordance with the laws of the State of California without regard to its choice of law provisions. You agree that any disputes directly or indirectly arising out of or relating to this Agreement shall be resolved exclusively in the federal or state courts located in Los Angeles County, California.

  • You hereby irrevocably consent to such venues and to the exclusive jurisdiction of any such court over any such dispute.

  • If any provision of this Agreement is determined to be invalid by a court of competent jurisdiction, such determination shall in no way affect the validity or enforceability of any other provision.

  • This Agreement sets forth the entire agreement of the parties with respect to your Submission(s) and may not be changed except by an instrument in writing signed by both parties. This Agreement supersedes any and all prior agreements between the parties.

If you do not agree with the content of this Agreement and/or do not want your Submission considered for any of Toyota’s promotional purposes, including but not limited to online and offline advertising materials related to Toyota and its products, do not check the box below or activate the submit button.

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