The Lexus ON/Wireframe Instagram Filter Competition During Milan Design Week 2022 Competition is an open competition. No purchase is necessary to participate. Two (2) winners will be determined solely on the basis of their entries in the competition. By entering, entrants agree to these Official Rules (“Official Rules”). Please read the Official Rules carefully before submitting any entry. Void where prohibited or restricted by law.
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1. COMPETITION PERIOD
The Lexus ON/Wireframe Instagram Filter Competition during Milan Design Week 2022 (“Competition”) opens on Monday, June 6, 2022 at 10:00 a.m. and closes on Saturday, June 12, 2022 at 23:59 p.m. central European time (“CET”) (“Competition Period”). Qualifying Entries, as defined below, must be submitted to and received by Toyota Motor Corporation (“Organizer”) during the Competition Period. Please note that the Competition Period may be changed at the sole discretion of Organizer. The Organizer and its affiliates are not responsible for lost, misdirected, tapered with or undelivered entries. Entries submitted with incomplete or inaccurate information will be disqualified.
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2. ENTRY STEPS
• Read and understand these Official Rules.
• Users will be entered into the competition by taking a photo or video using the Lexus ON/Wireframe Instagram Filter, adding it to their Instagram Story, and tagging “@discoverlexus” (each, an “Entry”).
• Submit Entries during the Competition Period. There is no limit to the number of Entries that may be submitted per Entrant, as defined below. No automatic Entries permitted.
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3. ELIGIBILITY
The Competition is open to all Instagram account (each, an “Entrant”) from any country or region in the world, except where prohibited or restricted by law and except as listed below. Persons not eligible to participate in Lexus Design Award 2022 include:
• Minors (Entrants must be over the age of 18 years by the conclusion of the Competition.)
• Persons without legal standing in their place of residence
• Employees of Organizer and its respective affiliates, subsidiaries, advertising and promotion agencies, and distributors (together “Competition Entities”)
• Family members of employees of Organizer and the Competition Entities
• Anyone living in the same household with an employee of Organizer and the Competition Entities
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4. CONTENT GUIDELINES AND DISCLAIMERS
• Entries must be submitted in English only. Any Entry with incomplete, inaccurate or incomprehensible information, or any Entry submitted in any language other than English may be disqualified at the sole discretion of the Organizer.
• Entries must be captured outdoors.
• Entries cannot include any identifiable person other than Entrant.
• Entries deemed offensive, abusive or threatening on the grounds of race, ethnicity, gender or sexual preference will be disqualified.
• Entries that include libelous, vulgar, obscene, or violent content; or Entries that depict or involve physical harm to any person or animal will be disqualified.
• Entries must be the Entrant’s wholly original creation (with the exception of material in the public domain). In the event that recorded music is used in an Entry, that music must be composed and performed solely by the Entrant; otherwise, the Entry is subject to disqualification. By submitting an Entry, the Entrant acknowledges that the entire Entry is his/her original creation and that no other person or entity has any right or claim to the Entry. Furthermore, the Entrant affirms that, to the best of his/her knowledge, the Entry does not infringe on copyrights, trademarks, moral rights, rights of privacy/publicity or intellectual property rights of any third party.
• Entries that contain brand names, trademarks or company logos of any third party will be disqualified.
• Any Entry that displays a watermark or artist signature will be disqualified.
• In the event that an Entry contains a virus, worm, Trojan horse, or any other corruptive code that harms the Competition, or damages the public image or reputation of the Organizer or the Competition, the Entrant may be held responsible and prosecuted by law.
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5. INTELLECTUAL PROPERTY AND LICENSE
• Each Entrant will retain ownership rights to his/her Entry submitted to the Competition.
• By submitting an Entry, the Entrant grants the Organizer and the Competition Entities the unlimited, royalty-free rights to publish and exhibit the Entry worldwide, including, but not limited to, the images depicted therein, for promotional and non-commercial purposes in perpetuity. The rights are non-exclusive.
• If any submitted Entry has received third party sponsorship, whether of a technical, material or financial nature, the Entrant is obligated to reveal the sponsoring entity’s name and the conditions of the sponsorship to the Organizer.
• The Organizer has the right to make amendments, including, but not limited to, the addition of the “LEXUS” logo and text, the translation of text, the cropping or reframing of images, and the use of different colors, as long as the changes do not harm the integrity of the original Entry. In the event that major changes to an Entry are desired by Organizer, the Organizer will obtain the prior consent of the Entrant.
• By participating in the Competition, the Entrant grants permission to the Organizer for his/her name and any prize information to be used for promotional purposes without additional compensation or notice in any media worldwide for an unlimited period of time.
• The Entrant acknowledges that the Organizer has sole discretion in deciding how or whether to use any and all Entries for promotional and non-commercial purposes.
• The Entrant acknowledges that his/her Entries may bear similarities to the Entries of other Entrants and, in such a case, the Entrant will not be entitled to any compensation nor have the right to negotiate for any award or recognition based on said similarities.
• By submitting a photo or video using the Lexus ON/Wireframe Instagram Filter, adding it to their Instagram Story, and tagging “@discoverlexus,” the Entrant grants the Organizer the right of first refusal to the exclusive use of the Entry for commercial purposes for 12 months after the end of the Competition. This option conferred to the Organizer is valid for one year after the Competition concludes. If the Organizer elects to purchase the rights for commercial use, a private agreement will be made between the Organizer and the Entrant for the transfer of intellectual property rights.
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6. REPRESENTATIONS, WARRANTIES AND INDEMNITY
• The Entrant affirms that he/she has read, understands and will abide by the Official Rules of the Competition.
• The Entrant certifies that each submitted Entry and all materials contained therein (the “Work”) are (with the exception of materials within the public domain) the Entrant’s wholly original creations and are not imitations of anyone else’s work; the Work does not infringe or violate any personal or property rights, including, but not limited to defamation, privacy, false light, moral right, copyright, trademark of any person or entity, and the use thereof will result in no third party liability or obligations; and further, the Work is not the subject of any threatened or pending litigation, or claim dispute that might give rise to litigation that might undermine the rights to the Work or adversely affect the value of the work.
• The Entrant affirms that he/she has the right to participate in the Competition and to abide by the Official Rules and that the consent of no other party is required to grant those rights.
• Each Entrant asserts and certifies that he/she has not granted, assigned or otherwise hypothecated any of his/her Entries to any other third party.
• The Entrant certifies that the use of any material submitted to the Competition by the Organizer or the Competition Entities will not violate any agreement into which the Entrant has entered with any other third party.
• The Entrant agrees to indemnify and hold harmless Organizer and the Competition Entities from any third party claim of any breach of any representation, warranty or covenant made by the Entrant in connection with his/her acceptance of the Official Rules or activities of the Competition.
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7. JUDGING, WINNER SELECTION, AND NOTIFICATION
On or about June 14, 2022, the Organizer and Germane Barnes (designer and architect for ON/Installation) at their sole discretion, will select the two (2) Entrants who submitted a winning Entry (s) in the Competition (each, a “Winner”).
• Winners will be contacted through their Instagram profile on Wednesday, June 15, 2022. The Organizer reserves the right to extend the above deadline at its sole discretion.
• Both Winners must respond to @discoverlexus within 48hrs. Failure to respond by Friday, June 17 at 11:59 p.m. CET, failure to claim his/her Prize, or failure to comply with these Official Rules, will result in that potential Winner as having forfeited his/her Prize.
In the event that the Organizer is unable to contact a Winner due to inaccurate, changed, or incomplete contact information, his/her Prize will be forfeited, and an alternate winner will be selected. Further, if any potential Winner is found to be ineligible, or not to be in compliance with the Official Rules, he/she will be disqualified, and an alternate winner will be selected. Neither the Organizer nor any of the Competition Entities shall be held liable for late, lost, misdirected, or unsuccessful efforts to notify a potential Winner.
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8. PRIZE(S)
• The Organizer and Germane Barnes will choose which of the two prizes specified below (each, a “Prize”) will be awarded to each of the Winners:
• One Winner will receive a non-fungible token (“NFT”) Lexus digital artwork created by Maurice Fransen (approximate retail value (“ARV”) = US$1.00. The NFT Lexus digital artwork will be hosted on Foundation . Any additional taxes and/or fees required by Foundation may apply and are the sole responsibility of the Winner; and
• One Winner will receive an Aqua Creation C2/C5 Chandelier with an ARV = US$4,088.
Each Winner will receive one Prize. Prizes are non-transferable and no alternatives will be offered. At its sole discretion, Organizer may substitute either or both of the Prizes with one(s) of equal or greater ARV. Prizes will be allocated at the sole discretion of the Organizer. Odds of winning a Prize depend on number of eligible Entries received and the Entry judging criteria, as set by the Organizer and Germane Barnes. The decisions of the Organizer and Germane Barnes are at their sole discretion and are final.
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9. GENERAL CONDITIONS
• Organizer and the Competition Entities are not responsible for any failure in the Entry submission process, including, but not limited to lost, misdirected or undelivered data as a result of email filtering or inadequate storage space to receive email; the submission of incomplete or inaccurate information; missed deadlines; or stolen data. Further, Organizer and the Competition Entities are not responsible for any technical failure or disruption of network or communication services, computer hardware or software systems, or other errors or failures of any kind whether human, mechanical, electronic, printing or otherwise which may occur in connection with the administration and operation of the Competition.
• Organizer and the Competition Entities are not responsible for any inaccurate or misleading information related to the Competition which results from tampering or hacking with the Competition computers, websites, or any other electronic programs or systems, or printed material.
• Organizer and the Competition Entities are not responsible for any technical glitches, faulty or garbled transmissions, etc., or for any damage to any computer or mobile device that may result from Entering the Competition, including, but not limited to, the downloading of any the Competition materials.
• In the event that the Competition or any other related electronic system is compromised by a virus, worm, bug, non-authorized human intervention or any other cause which disrupts or falsifies the submission of entries, or otherwise corrupts or impairs the administration, security, propriety or fairness of the Competition, the Organizer reserves the right to suspend, revise or terminate the Competition; and further, if the Competition is thus terminated, the Organizer, at its sole discretion, may select Winners from the other eligible Entries.
• The Organizer reserves the right to disqualify any Entrants who tamper with or abuse any aspect of the Competition, who engage in unfair play, or who violate any of the Official Rules, and will make void all Entries from such disqualified Entrants.
CAUTION: ANY EFFORT TO TAMPER WITH, DISABLE, OR HARM THE ORGANIZER OR IMPAIR THE OPERATION OF THE COMPETITION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD ANY SUCH ATTEMPTS BE MADE, THE VIOLATER WILL BE DISQUALIFIED FROM THE COMPETITION AND MAY BE LIABLE FOR DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER PENALTIES PERMITTED BY LAW.
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10. RELEASE
• Each Entrant in the Competition agree to release and hold harmless the Organizer, Competition Entities attorneys, and any agencies contracted to support the operation of the Competition, and each of their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, and each of their respective officers, directors, stockholders, employees, representatives, designees and agents (the “Released Parties”) from all liability, costs, losses, harm or injuries related to the Entrant’s involvement in the Competition , including, but not limited to, any work to capture the photo or video, any work related to the submission of entries, and participation in any of the prizes.
• By participating in the Competition, the Entrant acknowledges and agrees that the Released Parties may not be held responsible for any harm or injury to the Entrant or any other person, or their equipment or other property, related to participation in the Competition. Further, the Released Parties may not be held responsible for any claims of infringement of privacy or rights of publicity or claims of defamation; or any claim of violation of intellectual property resulting from participation in the Competition.
• The Released Parties may be not held responsible for any error in the printing, selection, operation or announcement of any activity related to the Competition or its Prizes, whether the error be mechanical, electronic, typographical, human or otherwise.
• The Entrant understands and accepts that the Released Parties hold no authority over the personnel, facilities, or equipment involved in the operation of the Competition.
• Each Entrant agrees to release and indemnify the Released Parties from any liability resulting from his/her participation in the Competition and to waive all rights to bring any claim or legal action against the Released Parties.
• The Released Parties hold no responsibility for the actions of any Entrant, whether such actions involve an Entrant’s attempt to evade any of the terms of the Official Rules, falsify Entries, tamper with the integrity, security, or fair play of the Competition, or any other action that could be construed as harmful to the Competition or its other Entrants.
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11. SUSPENSION, MODIFICATION, OR TERMINATION
In the event that the Competition cannot be continued due to the occurrence of a Force Majeure Event, which includes, but is not limited to, any of the following:
(1) act of God (such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves and floods);
(2) war, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilization, requisition, or embargo;
(3) rebellion, revolution, insurrection, or military or usurped power, or civil war;
(4) contamination by radioactivity from any nuclear fuel, or from any nuclear waste, or other toxic explosion;
(5) riot, strikes, or civil disturbance;
(6) acts or threats of terrorism;
(7) global (or local) health emergency, pandemic, epidemic;
(8) order or restriction of the government of any state or any country; and/or
(9) or any other causes or circumstances beyond its control whether the occurrence of such event(s) were foreseeable as of the date of this Agreement.
The Organizer has the right to modify, suspend or terminate the Competition, including awarding of a Prize for the Winners. Further, the Organizer reserves the right to modify, suspend or terminate the Competition should causes beyond its control corrupt or disrupt the administration, integrity, operation, security or fair play of the Competition.
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12. GOVERNING LAW / LIMITATION OF LIABILITY
In the event of any dispute arising from or in connection to the Competition, the legal jurisdiction shall be Japan. On any matter relating to the validity, interpretation and enforceability of the Official Rules or the rights and responsibilities of the Organizer, the Entrants, and the Released Parties will be governed by the internal laws of Japan without reference to principles of conflict of laws.
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13. WINNERS’ LIST
The Organizer reserves the right, however, is not obligated, to post the Winners on the Lexus official website and its Instagram account.
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14. SUBMITTED INFORMATION, USE OF CONTACT DETAILS AND PRIVACY POLICY
The below content applies to all Entrants participating in the Competition.
• Only name, mailing address, email address, and telephone number of each Winner (“Personal Data”) will be collected by the Organizer.
• By participating in the Competition, each Winner understands that his/her Personal Data must be disclosed and will only be collected, transferred, processed and used by the Organizer for the purpose of delivering a Prize to each Winner in accordance with the Organizer’s Privacy Policy, which can be found at https://discoverlexus.com/privacy.
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15. CHANGES TO PERSONAL DATA
The Winners can update their Personal Data at the time they are contacted by the Organizer (to notify of Winner status) by: (1) Notifying the Organizer through @discoverlexus Instagram messenger; or (2) by providing the updated Personal Data to Organizer at time of notification that he/she is a Winner.
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16. VALIDITY OF THE OFFICIAL RULES
All Entries to the Competition must follow the technical, creative, and legal requirements disclosed on these Official Rules. For the purposes of this competition, an Entry is considered “received” and recorded by Organizer when it has been submitted by Entrant via his/her Instagram account and tagged with “@discoverlexus.”
In the event of any dispute regarding the identity of an Entrant, the Entry will be deemed submitted by the “account holder” of the e-mail from which the Entry was sent (with the caveat that the owner of the account is eligible to participate in the Competition). For the purposes of this competition, the “account holder” is the person assigned an Instagram username by the entity responsible for assigning the username (e.g., Instagram).
The Organizer and any Competition Entities which support the administration and operation of the Competition are not responsible for lost, misdirected, tampered with, deleted, or invalid Entries.
If any of the terms of the Official Rules is or becomes void, invalid or impracticable, in full or in part, the validity and practicability of all the remaining terms shall not be affected by this. The Organizer will replace the void, invalid or impracticable provision with the valid and practicable provision that most closely approximates the purpose of the invalid, partially invalid or impracticable provision.
This Competition is in no way sponsored, endorsed or administered by, or associated with Instagram. By Entering this Competition, Entrant agrees to a complete release of Instagram from any liability in connection with this Competition.