THIS PROGRAM IS VOID OUTSIDE OF THE 50 UNITED STATES AND DISTRICT OF COLUMBIA OR WHERE OTHERWISE PROHIBITED BY LAW. NO PURCHASE IS NECESSARY TO REGISTER FOR THE PROGRAM.
1. Program Term and General Information. This Toyota® Moto Money 2019 Supercross Futures Contingency Program applies to select Supercross Futures AMA Amateur National Championship class racing competitions produced by Feld Motor Sports, Inc. (the "Program") and begins on November 13, 2018 and ends on July 31, 2019 (“Program Term”). This Program applies to the select Supercross Futures events described in Section 4 below (the “Supported Event(s)”).
Program Benefits (as defined in Section 5, below), are available for eligible Toyota owners or lessees (“Vehicle Owner(s)”) who are a competitor, or who have a son, daughter or legal ward who is a competitor, in one (1) or more Supported Events (“Competitor(s)”). To participate in the Program, Vehicle Owners must register their Eligible Vehicle (as defined below) and Competitors must register for Supported Events, as described in more detail herein.
This Program is sponsored by Feld Motor Sports, Inc., 800 Feld Way, Palmetto, Florida 34221 (“Sponsor”).
2. Eligibility. The Program is only open to Vehicle Owners and Competitors (individually and collectively, “Participant(s)”) who are legal residents of the District of Columbia or the 50 United States excluding Hawaii and Alaska, and who meet the eligibility requirements in this Section 2:
3. How to Register. Vehicle Owners who are eligible pursuant to these Official Rules must fully and accurately complete the official Program Registration Form online at www.supercrosslive.com/toyotamotomoney (“Program Registration”). Each Vehicle Owner will be required to submit:
Once a Program Registration has been verified by Sponsor as eligible under these Official Rules, the Vehicle Owner will receive a confirmation email to the Vehicle Owner e-mail address provided in the Program Registration (“Program Registration Confirmation”). The Competitor identified in the Program Registration must also separately register for each applicable Supported Event at www.supercrosslive.com/supercross-futures or via onsite online registration at the applicable Supported Event. Registrations for the 2019 Program will not apply to any future programs.
Program Registration Confirmations may take up to three (3) business days to process following Program Registration submission. If the Vehicle Owner has not received the Program Registration Confirmation within such timeframe, please check your spam folder or contact [email protected]. No Program Benefits will be available until the Program Registration Confirmation is delivered. Eligibility for any Contingency Payment (as defined in Section 5(c), below) is not available unless the Program Registration Confirmation has been delivered to the Vehicle Owner and the Competitor identified in the Program Registration has registered for the applicable Supported Event.
All Program Registrations and Supported Event registrations are the property of Sponsor and will not be returned. Sponsor is not responsible for submissions or entries, claims or notices that are lost, late, illegible, misdirected, damaged, or incomplete.
4. Supported Events. The Supported Events covered by the Program consist of the twenty-six (26) Supercross Futures class racing competitions that will take place at each of the following venues (“Venue(s)”) on the following dates. For the avoidance of doubt, each individual class racing competition is a “Supported Event” and may consist of one (1) or multiple racing competitions. There is a total of Two Hundred Eight (208) Supported Events covered by the Program.
A Competitor must enter at least one of the Supported Events for there to be Program Benefit eligibility. All information, schedules and details pertaining to the Supported Events are subject to change at any time. Please refer to www.supercrosslive.com/supercross-futures for the most up-to-date event information.
5. Program Benefits. The Program benefits available to eligible Participants in accordance with these Official Rules are as follows (the “Program Benefits”):
|Finishing Position||Contingency Payment Amount (in USD)|
*Sponsor reserves the right to modify Contingency Payment award amounts, finishing places and schedules in its sole discretion without prior notice. Any such modifications will be communicated via updated Official Rules posted on www.supercrosslive.com/toyotamotomoney and will be effective for the Supported Events thereafter.
6. General. This Program shall be staged in compliance with, and is subject to, all federal, state and local laws. Failure of any Participant to comply with any Program terms for any reason, or, the return of any Program-related notification or Program Benefit as undeliverable, or, the determination that a Participant is ineligible to receive a Program Benefit, will result in forfeiture of any and all applicable Program Benefits. Program Benefits are not transferable. Program Benefits must be accepted as awarded and no substitutions are allowed. Unclaimed Program Benefits will be forfeited and will not be awarded. Program Benefit recipients are responsible for all federal, state and local taxes. For any Program Benefit(s) valued at $600 or more, the Program Benefit recipient agrees to provide his/her social security number, and Sponsor will provide a federal form 1099. Except where prohibited, participation in the Program constitutes Participant’s (or if Participant is a Minor, his or her parent’s or legal guardian’s) consent that Participant’s name, hometown, photograph, likeness, voice and/or biographical data may be used by Sponsor and/or TMS for advertising, promotional and other commercial purposes without limitation and without additional notice, compensation or consent, each in accordance with Sponsor’s and TMS’s respective privacy policies, as applicable, available at https://corp.feldentertainment.com/en/privacy-policy/us/ and https://www.toyota.com/support/privacy-rights. Odds of receiving any Contingency Payment depend on Supported Event Competitors’ performance.
Sponsor has the right to cancel or modify this Program at any time, without prior notice. Sponsor shall have sole and final discretion in determining, interpreting and applying these Official Rules and all applicable race rules, terms and conditions and in selecting and determining final race standings for all Supported Events. By participating in the Program, each Participant accepts and agrees to be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all respects, and waives any right to claim ambiguity with regard to the mechanics of the Program or the interpretation of the Official Rules. Sponsor reserves the right in its sole discretion to disqualify any Participants (and the corresponding Program Registrations) that Sponsor finds to be falsifying information, tampering with any registration process or the operation of the Program or to be acting in violation of these Official Rules or any applicable Supported Event rules, terms or conditions or otherwise in an unsportsmanlike or disruptive manner. Sponsor reserves the right to disqualify or reject any incomplete, inaccurate or false Program Registration or Supported Event registration.
By accepting a Program Benefit, the Program Benefit recipient agrees to indemnify, hold harmless and release Sponsor, TMS, XTRM, Inc., their respective affiliates and related companies, and all of their respective directors, employees, officers, and agents, including without limitation their advertising and promotion agencies (collectively, the "Released Entities"), from any and all liability, property loss, damage, personal injury or death arising out of or in connection with the awarding, receipt, use or misuse of the Program Benefit or participation in any related activities. The Released Entities shall not have any responsibility or liability whatsoever for any property loss, damage, personal injury, or death, in connection with any person's participation in the Program or any Supported Events. By participating in the Program, Participants agree to indemnify, hold harmless and release the Released Entities from any and all liability, property loss, damage, personal injury or death arising out of or in connection with their participation in the Program and/or any Supported Events.
None of the Released Entities are responsible for any Program Registration, event registration or other information that is lost, late, misdirected or undeliverable, whether due to system errors, omissions, interruption, deletions, defects, delay in operations or transmissions, theft or destruction or failures, faulty transmissions or other telecommunications malfunctions, information not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors and failures, technical malfunctions, or otherwise. Should any portion of the Program be, in Sponsor’s sole discretion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole discretion of the Sponsor, corrupt or impair the administration, security, fairness or proper operation, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Program and conduct the Program in a manner which in its sole discretion is fair, appropriate and consistent with these Official Rules.
7. Disputes. Participants agree that: (a) any and all disputes, claims, and causes of action arising out of, or connected with, this Program (including, without limitation, any alleged violation of these Official Rules, any controversy relating to the arbitrability of any dispute, or any claim that these Official Rules (or any part thereof) are invalid, illegal, or otherwise voidable (or void)) shall be resolved individually, without resort to any form of class action, and exclusively by arbitration to be held solely in New York, New York under the auspices of the American Arbitration Association; (b) any and all claims, judgments, liabilities, and/or awards shall be limited to actual out-of-pocket costs incurred, including costs associated with Participant’s participation in this Program, and in no event will Participant be entitled to receive attorneys’ fees or other legal costs; and (c) under no circumstances will Participant be permitted to obtain awards for, and Participant hereby waives, all rights to claim, punitive, special, incidental, and/or consequential damages and any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. This arbitration provision shall be deemed to be self-executing, and in the event that either party fails to appear at any properly noticed arbitration proceeding, an award may be entered against such party notwithstanding said failure to appear. In no event shall Participant seek or be entitled to rescission, injunctive, or other equitable relief or to enjoin or restrain the operation of this Program, exploitation of any advertising or other materials issued in connection therewith, or exploitation of this Program or any content or other material used or displayed on this Program. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Participant and Sponsor in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules.
THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS PROGRAM WHETHER SOUNDING IN CONTRACT OR TORT AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.