100 Cars for Good
Voting Period Rules
THIS PROGRAM IS INTENDED FOR PARTICIPATION IN THE FIFTY (50) UNITED STATES AND DISTRICT OF COLUMBIA ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT PARTICIPATE IF YOU ARE NOT LOCATED IN THE UNITED STATES. Further eligibility restrictions are contained below. This Program is not sponsored, endorsed or administered by Facebook. Participants are providing information to Toyota Motor Sales, U.S.A. and not to Facebook.
1. DESCRIPTION: The "100 Cars for Good" Program (the "Program") allowed eligible Section 501(c)(3) organizations the opportunity to submit an online application to be selected as one (1) of two hundred fifty (250) organizations ("Finalist Organizations" or "Top 250 Finalists") in accordance with the Participation Terms. Upon confirmation of eligibility, the two hundred fifty (250) Finalist Organizations have progressed to the "Voting Period" (as defined below). These rules ("Voting Period Rules") strictly govern the Voting Period of the Program and are a supplement to the full Participation Terms.
The Voting Period will operate as follows:
- Voting Period: The Voting Period begins on Tuesday, October 1, 2013 and runs for a total of fifty (50) days concluding on Tuesday, November 19, 2013. During the Voting Period, up to five (5) Finalist Organizations will compete each day via public voting to determine two (2) winners and up to three (3) runners-up each day (100 total winners; up to 150 total runners-up for the duration of the Program).
- Daily Voting: Daily voting will begin at 10:00 am ET and end at 11:59:59 pm ET [7:00 am PT – 8:59:59 pm PT] each day of the Voting Period ("Daily Voting Period").
- Winner Announcement: The winners for each voting day will be publically announced at www.100carsforgood.com within approximately 72 hours of the end of each Daily Voting Period.
3. VOTING: During each Daily Voting Period, up to five (5) Finalist Organizations will compete via public voting to determine two (2) winners and up to three (3) runners-up. Subject to the limits of actual composition of the pool of Finalist Organizations, reasonable efforts will be made to group the Finalist Organizations for each day with other Organizations of relatively comparable size and social media reach for voting purposes; no guarantee of any kind, however, is made with respect to daily groupings. A leader board will reveal current daily standings upon submission of a vote. Standings will be represented as the percentage of votes received by each Organization on such Daily Voting Period. Leader board results are subject to final verification and should not be relied upon by an Organization to assume their final standing. Voting results will be shared as percentage of votes only; actual vote tallies are not disclosed either publicly or privately.
IN ORDER TO CAST A VOTE, THE VOTER MUST LOG INTO HIS/HER FACEBOOK ACCOUNT. Voters must visit the 100 Cars for Good app, located at www.100carsforgood.com and follow the on-screen instructions to vote for the two (2) different Finalist Organizations of their choice. Each individual Voter is required to vote for two (2) different organizations. Voting is limited to two (2) unique votes per person, per Daily Voting Period regardless of how many Facebook accounts are registered to such individual person. Employees and staff associated with the Finalist Organization are permitted to participate as individual Voters in accordance with the eligibility criteria and the Voting Rules. Any suspected or deliberate attempt to manipulate, or otherwise fraudulently tamper with the voting process, may result in disqualification of the Voter and/or the Finalist Organization, at the Program Entities' sole discretion.
Fraudulent tampering includes but is not limited to:
- Registering for multiple Facebook accounts and/or using multiple e-mail addresses to establish multiple Facebook accounts;
- Offering any type of inducement or compensation (monetarily or otherwise) to any third party, in exchange for a vote in any manner;
- Using a vote exchange or brokering website/application to exchange votes in an attempt to manipulate the outcome of the voting;
- Developing strategic alliances with other Finalist Organizations or groups in an attempt to exchange votes which will adversely impact other Organizations scheduled for such Daily Voting Period (Example: Organization A offers to direct their supporters to vote for Organization B in exchange for Organization B directing their supporters to vote for Organization A);
- Votes generated by a macro, script, bot or other fraudulent means in an attempt to manipulate the outcome of one or more Daily Voting Periods;
- Utilizing email in a manner that purposely conflicts with CAN-SPAM regulations; and
- Use of proxy voting.
In the event of a disqualification, the Program Entries will determine the winners based on non-suspect votes, if possible. If voting results are corrupted to a point that winners cannot be determined, Sponsor reserves the right to evaluate the remaining Finalist Organization's initial applications and/or materials to award the prize based on the assessment of need, at their sole discretion. In the event of a tie on any day within the Voting Period, the tied Finalist Organizations for such tied days will be featured on the 100 Cars for Good app on November 22, 2013 for one (1) additional Daily Voting Period ("Tie Breaker"). If applicable, Organizations will compete head-to-head only against tied Organizations from their original Daily Voting Period (not against all tied Organizations). In the event a tie continues, additional Daily Voting Period days will be added until all such ties are broken.
4. WINNER ANNOUNCEMENT: The two (2) winners for each voting day will be publicly announced on at www.100carsforgood.com within approximately 72 hours of the end of each Daily Voting Period. Program Entities reserve the right to delay the announcement, at their sole discretion, for any reason at any time during the Voting Period. Daily winners will be required to complete a "Prize Acceptance Form" and/or other release documents, as determined by the Program Entities and as directed by the Administrator. Runner-up organizations will be required to complete an online form to claim their grant, as directed by the Administrator. Failure to return or complete any/all requested forms/documents, as requested, may result in forfeiture of the prize or grant. In the event of a winner disqualification within thirty (30) days of the Program end date, i an alternate winner may be determined according to the voting results as described in Section 3, at the sole discretion of the Sponsor.
5. GENERAL TERMS AND CONDITIONS: By participating, each Voter agrees that the Program Entities and each of their respective parents, affiliates, divisions, subsidiaries, successors, assigns and licensees, and each of their respective employees, shareholders, officers, directors, contractors, advertising and promotion agencies, agents and representatives (collectively, the "Released Parties") are not responsible or liable for, and shall be released and held harmless from: (i) telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures, human error, or difficulties of any kind; (ii) any condition caused by events beyond the control of the Program Entities that may cause the Program to be disrupted or corrupted; (iii) any printing, human, typographical or other errors or ambiguities in (or involving) any materials associated with the Program; and (iv) any and all losses, damages, rights, claims and action of any kind in connection with or resulting from participation in the Voting Period. Program Entities reserve the right, in their sole discretion, to adjust times and dates reflected in these Voting Rules at any time and/or to suspend or cancel the Voting Period at any time for any reason, including, without limitation, if a computer virus, bug or other technical problem corrupts the administration, security, or proper conduct of the Voting Period and/or Program, strikes, lock-outs, acts of God, technical difficulties, and other events not within the reasonable control of Program Entities. If the Voting Period and/or Program are terminated before the designated end date, Program Entities will (if possible) select the winners from all eligible, non-suspect votes received as of the date of the event giving rise to the termination. If voting results are corrupted to a point that winners cannot be determined, Sponsor reserves the right to evaluate the remaining Finalist Organization's initial applications and/or materials to award the prize based on the assessment of need, at their sole discretion. Program Entities reserve the right, at their sole discretion, to prohibit any Voter from participating in the Voting Period or to disqualify any individual they find to be tampering with the process, voting or the operation of the Program; to be attempting to undermine the legitimate operation of the Program by cheating, hacking, deception, or any other unfair playing practices; to be acting in violation of the these Voting Rules or the Participation Terms; or to be acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any Representative or Applicant. Program Entities may suspend or discontinue the Voting Period if, in their sole opinion, there is any actual or suspected tampering of the Program, or any other malfunction, event or activity that may affect the integrity of the Program. PROGRAM ENTITIES SHALL NOT BE OBLIGATED TO AWARD ANY PRIZE THAT RELATES TO OR ARISES OUT OF CHEATING, IMPROPER OR MISTAKEN PRIZE NOTIFICATION, OPERATION OR FUNCTION OF THIS PROGRAM. The invalidity or unenforceability of any provision of these Voting Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Voting Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
6. GOVERNING LAW: Any and all disputes, claims and causes of action arising out of, or connected with, this Program (including without limitation, any alleged violation of the Participation Terms or the Voting Rules, any controversy relating to the arbitrability of any dispute, or any claim that the Program (or any part thereof) is 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 Los Angeles, California under the auspices of the American Arbitration Association and pursuant to its Commercial Dispute Resolution Rules and Procedures; (b) any and all claims, judgments, liabilities and/or awards shall be limited to actual out-of-pocket costs incurred; and (c) under no circumstances will participants be permitted to obtain awards for, and participants hereby waive, 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 a participant seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of this Contest.
THE PROGRAM IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK. FACEBOOK IS COMPLETELY RELEASED OF ALL LIABILITY BY EACH APPLICANT IN THIS PROGRAM.