NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: The Frontgate Ultimate Gift Sweepstakes (the “Sweepstakes”) is open only to legal residents of the forty eight (48) contiguous United States and the District of Columbia who are at least eighteen (18) years old at the time of entry and have a valid U.S. driver’s license. All employees of Toyota Motor Sales, U.S.A., Inc. (“Toyota”), Lexus, a division of Toyota Motor Sales, U.S.A. and Frontgate, a division of Cinmar, Inc., (hereinafter collectively “Sponsors”), and their respective parent, subsidiary and affiliate companies, distributors, dealers, dealer advertising associations, advertising and promotion agencies and any other agency that provides services in connection with this Sweepstakes, as well as the immediate family (spouse, parents, siblings and children and their respective spouses, regardless of where they reside) and household members of each such employee, whether related or not, are not eligible to participate in this Sweepstakes. This Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Void in Alaska, Hawaii and where prohibited. Participation in this Sweepstakes constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsors and Administrator’s decisions, which are final and binding in all matters related to this Sweepstakes. Winning the prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsors: Lexus, a division of Toyota Motor Sales, U.S.A., Inc., 19001 South Western Avenue, Torrance, CA 90501 and Frontgate, a division of Cinmar, Inc. 5566 West Chester Road, West Chester, OH 45069 Administrator: Frontgate, a division of Cinmar, Inc. 5566 West Chester Road, West Chester, OH 45069.
3. Timing: The Sweepstakes begins on November 28th, 2008 at 12:00 a.m. Eastern Time (“ET”) and ends on January 31st, 2009 at 11:59 p.m. ET. Sponsors’ computer is the official time-keeping device for this Sweepstakes.
4. How to Enter:
a. Purchase a Product from Frontgate.com: During the Promotion Period, purchase a product via phone order from the Frontgate catalogue or via online order from http://www.frontgate.com to automatically receive one (1) entry into the Sweepstakes.
b. Free Method of Entry: During the Promotion Period, visit http://www.frontgate.com/lexus and follow the links and instructions to register. Complete and submit the registration, including a valid home address. P.O. Boxes are not permitted. You can also enter by sending a postcard to Frontgate Ultimate Gift Sweepstakes, 5566 West Chester Road, West Chester, OH 45069. You automatically will receive one (1) entry into the Sweepstakes.
For both methods of entry: Limit: You may receive one (1) entry per day during the Promotion Period, regardless of method of entry. Any attempt by any participant to obtain more than the stated number of entries by using multiple/different identities, or any other methods will void that participant’s entry and that participant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. Sponsors are not responsible for late, lost, illegible, incomplete, mutilated, and/or stolen entries, which will be disqualified. All entries become the exclusive property of Sponsors, and none will be acknowledged or returned.
5. Grand Prize Drawing: Administrator, whose decisions as to the administration and operation of the Sweepstakes and the selection of the potential winners are final and binding in all matters related to the Sweepstakes, will randomly select the potential Sweepstakes winner from all eligible entries received during the Promotion Period, on or around February 28th, 2009. The potential winner will be notified by mail, email or phone. The potential winner will be required to sign and return to Administrator, within ten (10) days of the date notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release (“Affidavit”) in order to claim his/her prize. If the potential winner cannot be contacted, or fails to sign and return the Affidavit within the required time period, he/she forfeits prize. In the event that a potential winner is disqualified for any reason, Sponsors will award the prize to an alternate potential winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held after which the prize will remain un-awarded.
6. Prize: ONE (1) GRAND PRIZE: An all-new 2010 Lexus RX 350. The depiction of the vehicle prize in any advertising or promotional materials may not reflect the actual vehicle delivered to the winner. Sponsors will determine all features of automobile including, but not limited to, color of exterior and interior, and all other features or upgrades will be allowed only if permitted by delivery dealer and paid for by winner. Winner must be a U.S. licensed driver and will be required to provide proof of valid U.S. driver’s license and legally-required insurance at time of delivery (or an alternative winner shall be selected if applicable and the original winner’s rights to the vehicle shall be automatically forfeited). Winner is responsible for title, license, registration and auto insurance. Sponsors shall not have any responsibility or liability whatsoever for any property loss, damage, personal injury, or death, in connection with the prizes provided pursuant to the Sweepstakes and/or any person’s participation in the Sweepstakes; provided, however, that Lexus shall be solely responsible for any express-written limited warranties specifically set forth in the applicable Owner's Guide for the vehicle. Winner must take delivery of prize from the automobile dealership designated by Sponsors. Sponsors shall not be responsible for delays in delivery of the prize vehicle, and delivery is subject to availability. Sponsors, however, shall use all reasonable efforts, subject to availability, to deliver the Grand Prize vehicle within one hundred twenty (120) days of completion of verification process. The winner shall bear all risk of loss or damage to the Grand Prize vehicle after it has been delivered to the specified delivery site. The winner must personally retrieve the Grand Prize vehicle within thirty (30) days of written notification of delivery. Approximate Retail Value: $45,000. Prize is non-transferable and no substitution or cash equivalent is allowed except as provided herein at the Sponsors’ sole discretion. Sponsors reserve the right to substitute the prize for one of comparable or greater value, at its sole discretion. Winner is responsible for all taxes and other costs and fees associated with prize receipt and/or use not specified herein as being awarded. Odds of winning the prize depend on the number of eligible entries received during the Promotion Period.
7. Release: By participating, entrant agrees to release and hold harmless the Sponsors, and their respective parents, subsidiaries, affiliates, distributors, dealers, dealer advertising associations, advertising and promotions agencies, prize suppliers and any other agency that provides services in connection with this Sweepstakes, and each of their respective officers, directors, employees, representatives, contractors and agents and successors and assigns (the “Released Parties”) from and against any and all rights, claims and causes of action whatsoever that they may have, or which may arise, against any of them for any liability for any matter, cause or thing whatsoever, including but not limited to any injury, loss, damage, whether direct, compensatory, incidental or consequential, to person, including death and property, arising in whole or in part, directly or indirectly, from their acceptance, possession, use or misuse of the prize in the Sweepstakes, or their participation in the Sweepstakes, or their participation in any Sweepstakes or prize related activity, or any travel related to the Sweepstakes or any travel for any prize-related activity. WINNER ALSO FURTHER ACKNOWLEDGES THAT SPONSORS, THEIR AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, DIRECTORS, AND PROMOTIONS AND ADVERTISING AGENCIES HAVE NEITHER MADE, NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR, ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESSED OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO ANY PRIZE OR THE SWEEPSTAKES.
8. Publicity: Except where prohibited, participation in the Sweepstakes constitutes winner’s consent to Sponsors’ and their parent, subsidiary and affiliated companies, and their advertising and promotion agencies and other designees’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional, publicity, public relations and advertising purposes in any manner in any and all media now or hereafter known worldwide in perpetuity, without further payment, consideration, permission or notification.
9. General Conditions: Sponsors reserve the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsors’ reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsors in their sole discretion. If terminated, Sponsors may, at their sole discretion, randomly select winners from among all eligible, non-suspect entries received during the Promotion Period. Sponsors reserve the right in their sole discretion to disqualify any individual they find to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsors reserve the right to seek damages from any such person to the fullest extent permitted by law. Any failure by Sponsors to enforce any term of these Official Rules or any applicable laws shall not constitute a waiver of such right. If any provision of these Official Rules is found by a court of competent jurisdiction to be invalid, then entrant, Sponsors and the court shall endeavor to give effect to the intent reflected in that provision, and the remaining Official Rules shall retain their full force and effect.
10. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. If, for any reason, an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, provided that if it is not possible to award another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsors, at their discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed Sponsors reserve the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
11. Disputes: Participant agrees that (1) any and all disputes, claims, and causes of action arising out of, or connected with, this Sweepstakes (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 Los Angeles, California under the auspices of the American Arbitration Association and pursuant to its Commercial Dispute Resolution Rules and Procedures; (2) 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 Sweepstakes or otherwise accessing this Sweepstakes, but in no event attorneys’ fees; and (3) under no circumstances will you 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 Sweepstakes, exploitation of any advertising or other materials issued in connection therewith, or exploitation of this Sweepstakes or any content or other material used or displayed on this Sweepstakes.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsors in connection with the Sweepstakes, 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 (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
12. Entrant's Personal Information: Information collected from entrants is subject to Sponsors Privacy Policies (http://www.lexus.com/privacy and http://www.frontgate.com).
13. Sweepstakes Results: Win List Requests will be accepted between January 31st, 2009 and May 30th, 2009. For the winner list, send an email with Subject Line: “M –Frontgate Ultimate Gift Sweepstakes, Winner List Request,” to WinListRequests@frontgate.com or send a postcard to Frontgate Ultimate Gift Sweepstakes, 5566 West Chester Road, West Chester, OH 45069