#Makeup2Mud Rules

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Updated January 6, 2018

 

#MAKEUP2MUD 2018 SEARCH

Legal Rules

 

  1. PROGRAM AND SEARCH DESCRIPTION:

#MAKEUP2MUD is a movement (the “Movement”) focused on spotlighting the many ways women are impacting the world of motocross. The movement includes a #MAKEUP2MUD content program that will air via online and live platforms (the “Program”) produced by Toyota and Feld Motor Sports (the “Program Entities”, “we” or “us”), which features the motocross stories of women from across the contiguous United States. Each episode of the Program will introduce you to a woman with a passion for motocross, and tell her story about the influence this amazing sport has had on her life.

The Program Entities have been blown away by the amazing women and stories we have discovered and chosen to feature so far. To keep the momentum going, we are asking motocross fans to help us continue to uncover female champions for the sport, and to give us their suggestions for the female motocross enthusiast that should be featured in the final episode of the 2018 Program (the “Search”)!

THE SEARCH WILL RUN AND SUGGESTIONS WILL BE ACCEPTED VIA THE SEARCH WEBSITE FROM APPROXIMATELY JANUARY 6, 2018 THROUGH APPROXIMATELY MARCH 5, 2018 (THE “SEARCH PERIOD”). The Search Period is subject

to change in the Program Entities’ discretion.

PLEASE READ THESE LEGAL RULES (COLLECTIVELY, THE “RULES”) FOR FULL SEARCH DETAILS, TERMS AND CONDITIONS. THANK YOU FOR SUPPORTING #MAKEUP2MUD AND MOTOCROSS!

  1. MOTOCROSS ENTHUSIAST CRITERIA:

We are looking for ONE (1) FEMALE MOTOCROSS ENTHUSIAST to feature in the final episode of the 2018 Program (the “Episode”), and will be considering fans’ suggestions (“Suggestion(s)”) of motocross enthusiasts that meet the following eligibility criteria (“Enthusiast(s)”):

The motocross enthusiast must be:

    • a female individual who is at least 18 years of age on the date the Suggestion is submitted (suggestions related to organizations or groups will not be accepted)
    • a legal U.S. resident residing in the 48 contiguous United States and District of Columbia
    • familiar with these Rules, and she must give her permission: (i) to be suggested in the Search and (ii) for the applicable Submitted Content to be shared with the Program Entities as described in Section 4, below
    • a motocross enthusiast with a compelling story about how motocross has influenced her life (her connection to the sport may be through competition, pastime, hobby, family, community and/or simply being a fan).

You may submit a Suggestion for yourself. You do not need to own a Toyota to participate or be considered.

By submitting a Suggestion, the submitter (the “Submitter”) certifies that the Enthusiast meets all of the foregoing criteria and that the Submitter and Enthusiast accept and agree to be bound by these Rules and the decisions of the Program Entities in all respects.

  1. SUGGESTION SUBMISSION RULES:

Suggestions may be submitted online only at www.supercrosslive.com/Toyota (the “Search Website”) during the Search Period in accordance with the Rules. Suggestions will not be accepted by mail, fax, phone, e-mail or any other method. Suggestions must be submitted in English only. Submitters should be at least 18 years of age.

To submit a Suggestion, please complete all required fields within the Search Website with the information for the Enthusiast you would like us to consider. If you are suggesting someone other than yourself, please submit that person’s information and ensure you have her permission to do so. The Search Website is not intended to collect third party Submitter information and the Program Entities will not contact third party Submitters. The Suggestion must meet all of the requirements in Sections 2 through 4 of these Rules.

The Search Website includes an option to upload a headshot and photography and/or footage of the Enthusiast’s participation in motocross (collectively, “Recorded Content”). While Recorded Content is not required, it may enhance the overall impact of a Suggestion and likelihood for advancement in the consideration process. All Recorded Content is expressly subject to Section 4, below.

You may submit Suggestions for yourself and/or other enthusiasts provided each Enthusiast and Suggestion meet all Rules requirements. Please do not suggest the same person more than once. Once you submit a Suggestion, it is final and may not be edited or modified. Proof of entering information is not considered proof of receipt by the Program Entities. All Suggestions become the property of the Program Entities.

 

  1. SUBMITTED CONTENT REQUIREMENTS AND RIGHTS GRANT:

All information, materials and content included in a Suggestion, including, without limitation, all names, personal and contact information, descriptions, answers and Recorded Content submitted via the Search Website shall be referred to in these Rules, individually and collectively, as “Submitted Content”. Each Submitter is responsible for ensuring that all Submitted Content fully complies with the following requirements:

  1. No Submitted Content shall include any individuals’ names, contact information, personal and/or identifiable information, likenesses, appearances, actions or statements (collectively “Personal Information”) without such individuals’ valid, legal permission for their applicable Personal Information to be included in such Submitted Content for use in connection with the Search, the Program and the Movement.
  2. No Submitted Content shall include any trademarks, trade names, logos, copyrighted works or other proprietary material or intellectual property (collectively, “Property”) without the valid, legal permission from each applicable owner of rights in and to the applicable Property for such Property to be included in such Submitted Content for use in connection with the Search, the Program and the Movement.
  3. No Suggested Content shall include any materials or statements that are: (i) profane, lewd, obscene, pornographic, disparaging, discriminatory, defamatory, violent or indecent; (ii) in violation or infringement of any person’s or party’s copyright, trademark, patent, trade secret, privacy, publicity, contractual or any other legal rights, any known agreement or any applicable law or regulation; (iii) derogatory to the Program Entities or any of their respective products, services or affiliates; or (iv) otherwise noncompliant with the requirements in these Rules.

The Program Entities reserve the right to discard Suggestions that the Program Entities determine to be: (i) in violation of any of the foregoing requirements; (ii) otherwise inconsistent with the letter or spirit of these Rules or the Search; (iii) incomplete, incoherent, false or deceptive; or (iv) submitted by or via anyone tampering or interfering with the security, fairness or proper administration of the Search, or any robotic, automatic or programmed method, or any other method which subverts the Search process.

Grant of Rights: By submitting a Suggestion, the Submitter grants the Program Entities and their respective designees a non- exclusive, worldwide, royalty-free, perpetual, unrestricted, irrevocable and fully sublicensable right and license to use, reproduce, modify, enhance, adapt, edit, translate, create derivative works from, publish, distribute and/or display any and all Submitted Content (in whole or in part) in any form, format, media or medium and through any channels now known or hereafter devised, in connection with the operation, advertisement, distribution and promotion of the Search, the Program and the Movement, without further notice or compensation to, or permission or approval from, the Submitter, the applicable Enthusiast or any other third party. The Submitter further confirms the waiver of all “moral rights” that any such party may have, and represents, warrants and agrees that no party is entitled to claim any royalties of any kind, that relate in any way, now or in the future, to the Submitted Content and any use thereof by the Program Entities or their designees.

By submitting a Suggestion, the Submitter represents and warrants that (i) the Submitter has all valid, legal permissions to submit all Submitted Content and to grant the rights to use the Submitted Content as described in this Section 4; (ii) the Suggestion is fully compliant with the requirements in this Section 4 and elsewhere in these Rules; and (iii) the Suggestion is true and accurate, and is an expression of the Submitter’s personal experience and/or belief.

  1. CONSIDERATION AND SELECTION:

The Program Entities reserve full, sole and absolute discretion with respect to: (i) the assessment and verification of Suggestion eligibility and compliance with these Rules, (ii) the manner and method of considering Suggestions and selecting the Enthusiast to be featured in the Episode, and (iii) the terms and processes by which the selected Enthusiast will be confirmed as the final, official selection; and all decisions and determinations of the Program Entities are final. Being selected as the final, official Enthusiast to be featured in the Episode following the Search does not include any promise or offer of employment, payment or compensation by any of the Program Entities. Nothing in these Rules or any other Search materials shall grant or be construed to grant any offer or promise of employment, payment or compensation in connection with the Search, the Program or otherwise.

The manner and method of considering Suggestions and selecting an Enthusiast to be featured in the Episode, and the Program Entities’ ultimate decisions, may depend upon: the number and quality of eligible Suggestions received, the Program Entities’ ability to review Suggestions in a meaningful and timely manner based on volume, the assessment criteria and Program requirements that the Program Entities may establish from time to time in their sole discretion, and the production needs and logistics related to the Episode (collectively, the “Program Factors”). The Program Entities are committed to meaningfully reviewing Suggestions and will make reasonable efforts to review all eligible Suggestions received to the very best of their ability, subject to factors such as unusually high volume and unforeseeable business constraints. Nothing in these Rules or any other Search materials will obligate the Program Entities to disclose any information pertaining to the manner and method of consideration and selection, any Program Factors or any finalists or other consideration decisions. The final, official Enthusiast selected to be featured in the Episode will be announced on the Search Website.

The Program Entities reserve the right (without any obligation) to contact Enthusiasts identified in Suggestions to verify information and/or to request additional information, interviews, discussion, vetting and/or negotiation as part of the consideration

 

process. The Program Entities reserve the right to require the execution of written releases and agreements by Enthusiasts and/or third parties at any point during the consideration process, and to condition consideration, advancement and/or selection upon the proper execution of such documents, in the forms required by the Program Entities. Contact and/or follow-up requests by the Program Entities shall not convey or imply that the particular Enthusiast has been selected to be featured in the Episode. The Program Entities reserve full right and authority to decline to select and/or remove any particular Enthusiast from consideration at any time, for any reason, including, without limitation any relevant Program Factors and/or any refusal of (or failure to comply with) a request or condition imposed by the Program Entities. Similarly, all Enthusiasts under consideration by the Program Entities will have full right and authority to reject any follow-up requests or conditions and/or to withdraw from consideration at any time, for any reason.

The Program Entities will comply with any Enthusiast’s written request to no longer be contacted by the Program Entities in connection with the Search or the Program.

All Program and Episode schedules, logistics, content and production decisions are subject to change in the Program Entities’ sole discretion due to a variety of factors, which may include, without limitation, factors outside of their control that may impact filming and/or production. No guarantee is given that the final, official Enthusiast selected by the Program Entities will ultimately appear in the Episode, or that the Episode will ultimately be finalized, aired or distributed.

  1. TAXES:

The Program Entities do not assume any responsibility whatsoever with respect to tax payments, withholding or any related matters. The applicable Enthusiast is solely responsible for the reporting and payment of all applicable taxes on any taxable benefits received in connection with the Search and/or Program (if any). This paragraph shall not be construed to obligate the Program Entities to provide any taxable benefits to any person whatsoever.

  1. INFORMATION SUBJECT TO PRIVACY POLICY:

The information submitted on the Search Website and any additional information provided to the Program Entities by any Enthusiast being considered in connection with the Search is subject to Feld Motor Sports’ privacy policy located at https://www.feldentertainment.com/PrivacyPolicy/. Submitting or consenting to the submission of any such information, constitutes consent to this collection, storage, and use.

  1. GENERAL:

If, for any reason, the Search is not capable of running as planned, including, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, Program or Episode cancellation or postponement or any other causes beyond the Program Entities’ control which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Search, the Program Entities reserve the right in their sole discretion to cancel, terminate, modify or suspend the Search or the Episode, as applicable.

The Program Entities are not responsible for any late, lost, garbled, misdirected, incomplete, or damaged submissions; any printing or typographical errors in any materials associated with the Search or the Program; or any disruptions, injuries, losses or damages caused by events beyond the Program Entities’ control. The Program Entities assume no responsibility for any error, omission, interruption, deletion, defect or delay in operation with transmission, communications, line failure, theft or destruction or unauthorized access to submissions; or any problem or technical malfunction of any telephone network or lines, computer online systems, servers, equipment or software, failure of any communication or submission to be received on account of technical problems or traffic congestion on the Internet or at any website, phone lines, or any combination thereof, including any injury or damage to a Submitter’s computer related to or resulting from participation in the Search. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SEARCH IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE PROGRAM ENTITIES RESERVE THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.

By participating in the Search and/or any other Program-related activity (collectively, “Program Activities”), participants release all Program Entities and the parents, subsidiaries, and affiliates of each of them and each of their respective directors, officers, employees, and agents, to the greatest extent permitted by law, from any and all liability for any injuries, losses, illnesses, litigation or damages of any kind resulting from participation in Program Activities (including, without limitation, any use by the Program Entities or their designees of Submitted Content).

 

 

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