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Green Gala 2008 < Green Gala Toyota PriusŪ Raffle < Official Rules and Regulations
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National Aquarium in Baltimore Green Gala Toyota Prius® Raffle VOID OUTSIDE OF THE STATE OF MARYLAND AND WHEREVER PROHIBITED BY LAW AND. Subject to all applicable federal, state, and local laws and regulations. START/END DATES: Raffle begins on March 5, 2008. The Raffle will close when 500 tickets are sold or at 10:30 p.m. Eastern Daylight Savings Time ("EDST") on April 5, 2008, whichever occurs first. Ticket sales by phone and on-line ticket sales will end at 12:00 p.m. EDST on April 4, 2008. IF LESS THAN 220 TICKETS ARE SOLD, NAIB MAY CANCEL THE RAFFLE AND REFUND ALL TICKET PURCHASES. 1. ELIGIBILITY: The Green Gala Toyota Prius(r) Raffle (the "Raffle") is offered only in the United States and is open only to legal residents of Maryland, who are 21 years of age or older at the time of entry and have a valid driver's license. Paid employees of National Aquarium in Baltimore, Inc. and its affiliates (hereinafter, NAIB), Toyota Motor Corporation, their immediate families (spouse, children, parents, siblings, regardless of where they live) and persons living in the same household of such employees, whether related or not, are not eligible. 2. HOW TO ENTER: To enter, purchase a raffle ticket: (1) BY PHONE: by calling NAIB at 410-576-3847; (2) ONLINE: by visiting www.aqua.org and following the prompts; (3) ON-SITE AT NAIB, by visiting NAIB's Candler Office Building at 111 Market Place, Suite 800, Baltimore, Maryland 21202; (4) THROUGH AN AQUARIUM-DESIGNATED SALES ASSOCIATE OF THE GREEN GALA; or (5) BY MAIL: handprint your name, complete address, daytime telephone number and date of birth on a 3"x5" card and mail in a business size #10 envelope with payment ($100.00 payable to the NAIB) to: NAIB, Attn: Green Gala Toyota Prius Raffle, 111 Market Place, Suite 800, Baltimore, Maryland 21202. All mail-in entries must be received by March 31, 2008. All entries become the sole property of NAIB and Toyota and will not be returned. NAIB, and Toyota and its agencies are not responsible for lost, stolen, illegible, incomplete, misdirected, late, damaged, destroyed, or delayed entries or postage due mail. Raffle entries purchased online will be attributed to the authorized account holder of the email address submitted during online entry. In the event of a dispute as to the identity of an entrant, the authorized account holder of the email address used to enter will be deemed to be the registrant or participant. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider, Internet service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted address. Winning participants may be required to provide Sponsor with proof that the claimed winner is the authorized account holder of the email address associated with the winning entry, or forfeit the prize. Raffle entries specifying an invalid, non-working, or inactive email address will be disqualified and ineligible to win. 3. SELECTION/NOTIFICATION OF WINNER: Winner will be determined through a random drawing from all purchased raffle tickets on April 5, 2008 during the Green Gala ("Drawing Date"). Winner will be notified by telephone and by certified mail from the NAIB and will be required to execute and return an affidavit of eligibility, a liability release and a publicity release, where legal, within 7 days of notification. In the event of non-compliance with requirements or if prize notification is returned as undeliverable, prize will be forfeited and an alternate winner selected. By accepting the prize, except where prohibited by law, winner agrees to the use of his or her name and/or photograph for advertising/publicity purposes without further compensation or notice. The winner shall be required to execute an affidavit of eligibility and liability/publicity release within a given time period or an alternative winner shall be selected. 4: PRIZE: Prizes/Odds of Winning: Grand Prize: One (1) 2008 Toyota Prius Hybrid. Approximate retail value: $23,710. Winner must pick-up automobile from designated dealership within 30 days of notice of availability. The winner shall bear all risk of loss or damage to the vehicle after it has been delivered to the specified delivery site. The winner must personally retrieve the prize vehicle within 30 days of written notification of delivery and must present adequate personal identification and evidence of legally required insurance (or an alternative winner shall be selected and the original winner's rights to the vehicle shall be automatically forfeited). Winner must provide valid driver's license and evidence of legally required insurance at time of delivery. Winner is solely responsible for vehicle registration, title, license, or insurance fees, and any other applicable federal taxes, state taxes, and all other costs or expenses related to or incurred in claiming, registering and using the automobile (including expenses for transporting the car home). All expenses and taxes on prize not specifically stated herein are winner's sole responsibility. Prize winners will be issued a W-2G IRS tax form for the appropriate retail value of his/her prize. Winner is responsible for vehicle registration, title, license, registration, or insurance fees and any other applicable federal, state, and local taxes, fees, and expenses related to acceptance and use of prize, not specifically stated herein. Prize is not transferable and no substitution is allowed except in NAIB's sole discretion. Prize may not be redeemed for cash. NAIB reserves the right to substitute prize of equal or greater value if advertised prize (or portion of prize) is unavailable. Odds of winning: Eligible entries have a 1:500 chance of winning. The depiction/description of the vehicle in any advertising or promotional materials may not accurately reflect the actual vehicle delivered to the winner. 5. GENERAL CONDITIONS: If, for any reason, the Raffle is not capable of running as planned, including infection by computer virus or bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of NAIB which corrupt or affect the operation, administration, security, fairness, integrity, or proper conduct of this Raffle, NAIB may, in its sole discretion, void any suspect entries and (a) cancel or terminate the Raffle (or any portion thereof); (b) modify the Raffle or suspend the Raffle to address the impairment and then resume the Raffle in a manner that best conforms to the spirit of these Official Rules; and/or (c) award the prizes from among the eligible, non-suspect entries received up to the time of impairment, and all eligible entries received. WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DAMAGE ANY WEBSITE ASSOCIATED WITH THIS RAFFLE OR UNDERMINE THE LEGITIMATE OPERATION OF THE RAFFLE MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, NAIB RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. NAIB's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Neither NAIB nor anyone acting on its behalf will enter into any communications with any entrant regarding this Raffle, except as expressly set forth in these Official Rules. NAIB reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, any website associated with this Raffle, and/or the legitimate operation of the Raffle; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. Entrants agree that NAIB shall own the entries, which shall not be acknowledged or returned. 6. RELEASE AND LIMITATIONS OF LIABILITY: BY PARTICIPATING IN THIS RAFFLE, ENTRANTS AGREE THAT NAIB, TOYOTA MOTOR CORPORATION, AND THEIR RESPECTIVE AFFILIATES, PARENTS, SUBSIDIARIES, FRANCHISEES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (COLLECTIVELY, THE "RELEASED PARTIES") WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF A PRIZE, ENTRY, OR PARTICIPATION IN THIS RAFFLE OR IN ANY RAFFLE RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY; PROVIDED, HOWEVER, THAT TOYOTA MOTOR CORPORATION SHALL BE SOLELY RESPONSIBLE FOR ANY MANUFACTURER WARRANTIES COVERING THE PRIZE VEHICLE. EXCEPT WHERE PROHIBITED BY LAW, WINNER GRANTS TO NAIB (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF NAIB), ITS PARENTS, SUBSIDIARIES, AFFILIATES, RETAILERS, DISTRIBUTORS, CONTRACTORS, AGENTS, AND THOSE ACTING PURSUANT TO ITS AUTHORITY, THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, EACH WINNER'S NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, OPINIONS AND BIOGRAPHICAL INFORMATION (INCLUDING WITHOUT LIMITATION HOMETOWN AND STATE) FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION. ENTRANTS AGREE THAT NAIB SHALL OWN THE ENTRIES, WHICH WILL NOT BE ACKNOWLEDGED OR RETURNED, AND THAT NAIB AND ITS DESIGNEES SHALL HAVE THE PERPETUAL, WORLDWIDE RIGHT TO EDIT, PUBLISH, AND USE THE ENTRIES IN ANY WAY AND IN ANY MEDIA FOR TRADE, ADVERTISING, PROMOTIONAL, AND/OR OTHER PURPOSES AS NAIB AND/OR ITS DESIGNEES MAY DETERMINE WITHOUT FURTHER CONSIDERATION TO ENTRANTS OR ANY THIRD PARTY. WITHOUT LIMITING THE FOREGOING, AND EXCEPT WHERE PROHIBITED BY LAW, EVERYTHING REGARDING THIS RAFFLE, INCLUDING THE PRIZE, IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. 7. DISPUTES: Except where prohibited by law, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the District of Maryland or the appropriate Maryland State Court located Maryland; (2) any and all claims, judgment, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys' fees; (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Maryland, without giving effect to any choice of law or conflict of laws rules (whether of the State of Maryland or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Maryland 8. OFFICIAL RULES AND PRIZE WINNER: For the name of the prize winner or a copy of the Official Rules, send a self-addressed stamped envelope, within six (6) months of the Drawing Date, to: Green Gala Toyota Prius Raffle, 111 Market Place, Suite 800, Baltimore, Maryland 21202 9. PRIVACY: Information collected from entrants is subject to the Sponsor's Privacy Policy, which can be found at http://www.http://aqua.org/legalnotices.htm. NAIB and NAIB's agents, affiliates, subsidiaries, representatives or service providers may use entrants' and/or referrals' personal information submitted with entry for purposes of prize fulfillment and/or for future marketing by NAIB, such as to notify them of a promotion that NAIB thinks may be of interest. NAIB will not sell personal information submitted with entry to outside solicitors. The National Aquarium in Baltimore shall not be liable for technical, pictorial, typographical or editorial errors or omissions contained herein. Copyright (c) 2008. Toyota Motors Corporation is not a sponsor of, nor is it affiliated with, the Green Gala Toyota Prius(r) Raffle. The National Aquarium in Baltimore(r) is a registered trademark of the National Aquarium in Baltimore, Inc. Toyota(r) and Prius(r) is a registered trademark of Toyota Jidosha Kabushiki Kaisha. A copy of the current financial statement of the National Aquarium in Baltimore is available by writing from Green Gala Toyota Prius Raffle, 111 Market Place, Suite 800, Baltimore, Maryland 21202. . Documents and information submitted under the Maryland Solicitations Act are also available, for the cost of postage and copies, from the Maryland Secretary of State, State House, Annapolis MD 21401, (410) 974-5534. |
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