TOSHIBA “FIND FROSTY” SWEEPSTAKES OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS SWEEPSTAKES IS INTENDED FOR PLAY IN THE 50 UNITED STATES AND D.C. ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER UNLESS YOU ARE ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF PARTICIPATION.
1. ELIGIBILITY: THE TOSHIBA “FIND FROSTY” SWEEPSTAKES (“SWEEPSTAKES”) IS OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES OR DISTRICT OF COLUMBIA WHO ARE 18 YEARS OF AGE OR OLDER AS OF DATE OF PARTICIPATION. Employees, officers and directors of Toshiba America Information Systems, Inc. (“Sponsor”), its parent, subsidiary, and affiliated companies, advertising, promotion or production agencies, Web masters/suppliers, and their IRS dependents, immediate family members [spouse, parents, children, siblings], and individuals residing in their same household (whether or not related) are not eligible to participate. By participating, participants (and participant’s parent/legal guardian if participant is a minor) agree to these Official Rules and the decisions of the Sponsor and/or its independent judging agency which are final and binding in all respects. Void where prohibited.
2. SWEEPSTAKES PERIOD: Sweepstakes begins at 12:00:00 a.m. (midnight) Eastern Standard Time (“EST”) on December 11, 2013 and ends at 11:59:59 p.m. EST on January 7, 2014 (“Sweepstakes Period”). The Sweepstakes Period is divided into twenty-eight (28) daily periods (each a “Day”). A “Day” is defined as the 24-hour period between 12:00:00 a.m. EST and the following 11:59:59 p.m. EST. Sponsor’s computer is the official time keeping device for this Sweepstakes.
3. HOW TO PLAY: To participate in the Sweepstakes, you must have a Toshiba ID. If you do not already have a Toshiba ID, you may obtain one for free by visiting start.toshiba.com (the “Website”) and clicking on the REGISTER link. Complete the online fields to include your first and last name, email address and password. During the Sweepstakes Period, visit the Website (start.toshiba.com) and log in with your Toshiba ID. Next, click on the “Find Frosty” ad banner; find Frosty hidden on the featured page and click on it to play for a chance to win an Instant-Win Prize (a “Play”). If you are the winner of an Instant-Win Prize, your computer screen will display a prize-winning message (subject to verification). If you are not a winner of an Instant-Win Prize, your computer screen will display a non-winning message.
During the Sweepstakes Period, randomly-selected times will be chosen by an independent judging organization, whose decisions are final in all matters relating to this Sweepstakes. The first participant who completes a Play on or immediately after a randomly-selected time will win the prize indicated (subject to verification). Instant-Win Prizes will be awarded at a rate of one (1) per Day. Limit one (1) Play per person/email address per Day. For each Play, you will receive one (1) entry into the random drawing for a chance to win the Grand Prize. For each Play received on any of these three (3) Fridays: December 20, 2013, December 27, 2013, and January 3, 2013, you will also receive one (1) entry into the random drawing for a chance to win the corresponding Friday Prize. All Plays must be received and recorded during the Sweepstakes Period. Proof of submitting a Play does not constitute proof of delivery or play. Any attempt by any participant to submit more than the stated number of Plays allowed per Day by using multiple/different email addresses, identities or any other methods will void that participant’s Plays and that participant will be disqualified. Participants must have a valid email address.
4. RANDOM DRAWINGS: One (1) Friday Prize winner will be selected in a random drawing on or about each of these three (3) Mondays: December 23, 2013, December 30, 2013, and January 6, 2014, from among all entries received on the corresponding/previous Friday. Entries received on Fridays will not carry forward to subsequent Friday drawings; however, those entries will carry forward to the Grand Prize drawing. The Grand Prize winner will be selected in a random drawing on or about January 8, 2014 from among all eligible Plays received during the entire Sweepstakes Period by an independent judging organization, whose decisions shall be final in all matters relating to this Sweepstakes.
5. WINNER NOTIFICATION: All potential Instant-Win Prize winners will be notified at the time of playing and will receive instructions on how to claim prize. Potential Instant-Win Prize winners must complete the prize-claim form as indicated to complete the prize-claim process. If the prize-claim form is not completed as indicated, the Instant-Win Prize will be forfeited and may be awarded to an alternate winner. The Grand Prize winner and Friday Prize winners will be notified by email, phone and/or mail within seven (7) days of the drawing date. Prizes will be mailed to winners within 6-8 weeks of winner verification.
6. PRIZE DETAILS/ODDS: Grand Prize (1): Toshiba 50L1350U 50” Class 1080P LED TV. Approximate Retail Value (“ARV”): $899.99. Friday Prizes (3 total, 1 per each of these Fridays: December 20, 2013; December 27, 2013; and January 3, 2014): Encore Tablet 32GB. ARV: $329.00 each. Instant-Win Prizes (28 total, 1 per Day): $100 pre-paid debit card. Pre-paid debit cards are subject to terms and conditions as set by issuer. ARV: $100 each. If winner cannot accept prize as stated, prize may be forfeited in its entirety. No substitution, cash redemption or transfer of prize permitted. However, Sponsor reserves right to substitute prize with prize of equal or greater value if advertised prize becomes unavailable. Odds of winning the Grand Prize or a Friday Prize depend on the number of eligible entries received for a given drawing. Odds of winning an Instant-Win Prize depend on the time of day your Play is recorded and the number of eligible Plays received per Day. Total ARV of all prizes: $4,686.99. Any difference between stated value and actual value will not be awarded. Limit one (1) Friday Prize per person. Limit one (1) Instant-Win Prize per person.
8. LIABILITY LIMITATIONS:Released Parties are not responsible for lost, late, misdirected, incomplete, stolen, garbled, or non-delivered Plays or email; or for interrupted or unavailable satellite, network, wireless provider, server, Internet Service Provider (ISP), Website or other connections, availability or accessibility, or miscommunications, or failed computer, telephone or cable transmissions, or lines, or technical failure or jumbled, corrupted, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures, or technical errors or difficulties, or other errors of any kind whether printing, typographical, human, mechanical, electronic or network or otherwise, including, without limitation, errors or problems that may occur in connection with the administration of the Sweepstakes, the announcement of the winners and/or prizes, the incorrect or inaccurate capture or processing of Plays or other information or the failure to capture, or loss of, any such information, or in any other Sweepstakes-related materials. Persons who tamper with or abuse any aspect of this Sweepstakes, as solely determined by the Sponsor, will be disqualified and all such Plays will be void. Any use of robotic, automatic, macro, programmed or like methods of play will void all such Plays by such methods, and disqualify any participant using such methods. Released Parties are not responsible for injury or damage to participant’s or to any other person’s computer related to or resulting from participating in this Sweepstakes or downloading materials from or use of the Website. Should any portion of the Sweepstakes be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention, technical failures or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Sweepstakes, and in the event of termination, randomly select the winners from all non-suspect, eligible Plays received prior to action taken or as otherwise deemed fair and appropriate by Sponsor. If due to a computer programming or other error, more prizes are claimed than intended to be awarded according to Rule #6, prizes will be awarded in a random drawing from among all valid prize claims received. If a drawing is required, it will be conducted by a third party judging organization who is independent from Sponsor and whose decisions shall be final. In no event will Sponsor be able for more than the stated number of prizes in Rule #6. Liability for a defective Play is limited to replacement with another while supplies last during the Sweepstakes Period. All potentially winning Plays are subject to verification in the sole discretion of the Sponsor. Released Parties are not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes, and assume no responsibility for any error, interruption, deletion, defect, delay in operation, or transmission, communications line failure, theft or destruction, or unauthorized use of this Website. In case of a dispute over identity of a participant, the authorized account subscriber of the email account used to play the Sweepstakes at the actual time of play will be deemed to be the participant, and must comply with these Official Rules. The authorized account subscriber is the natural person who is assigned the email address by the ISP or other organization responsible for assigning email addresses.
IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ACCESS TO AND USE OF THE WEBSITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID WEBSITE. . 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. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
9. BINDING ARBITRATION:Any controversy or claim arising out of or relating to this Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty (60) days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE PARTICIPANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN SPONSOR’S SWEEPSTAKES, EACH PARTICIPANT AND PRIZE WINNER AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT OR PRIZE WINNER BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PARTICIPANT AND PRIZE WINNER'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY PARTICIPANT.
10. GOVERNING LAW AND JURISDICTION: By participating, participants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to any choice of law or conflict of law rules, and any matters or proceedings which are not subject to arbitration as set forth in these Official Rules and/or for entering any judgment on an arbitration award, shall take place in a local court in the State of California. By participating, participants consent to the jurisdiction and venue of the federal, state and local courts located in California.
11. WINNERS' LIST: For the names of the winners, mail a self-addressed, stamped envelope to: Toshiba “Find Frosty” Sweepstakes Winners’ List Request, P.O. Box 3000, Dept. 1002-703, Young America, MN 55558-3000, for receipt by January 31, 2014.
SPONSOR: Toshiba America Information Systems, Inc., 9740 Irvine Boulevard, Irvine, CA 92618.