Submission Guidelines

Get Your Swagger On Submission Guidelines

NO PURCHASE NECESSARY. PURCHASE WILL NOT INCREASE YOUR CHANCES OF HAVING YOUR VIDEO SELECTED.

THIS OUTREACH IS INTENDED FOR PARTICIPATION IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE OR IF YOU ARE NOT LOCATED AND RESIDING IN THE UNITED STATES.

1. OVERVIEW: “Get Your Swagger On” is a call for video submissions (“Outreach”). The Outreach provides “Participants” (as defined in Section 2) the opportunity to create and submit a short video showcasing their individual and/or family “swagger” (“Video”). Eligible Participants will be evaluated by representatives of “Entities” (as defined below) and up to fifty (50) Videos may be showcased in a “Swagger Wagon Remix Video.” You must be a registered YouTube user (“Registered User”) in order to participate. Registration on YouTube is free, but is subject to acceptance of the terms and conditions of use of www.youtube.com and can be obtained by going to www.youtube.com and following the onscreen instructions to open an account. The administrator is Creative Zing Promotion Group, 100 E. Pine Street, Suite 201, Orlando, Florida 32801 ("Administrator"). The presenter is Toyota Motor Sales, U.S.A., Inc., 19001 South Western Avenue, Torrance, California, 90501 (“Presenter”). The information provided by Participants will only be used in compliance with the Presenter’s privacy policy, located at http://www.toyota.com/help/privacy.html.

The Outreach schedule is as follows:

“Submission Period”: The Submission Period begins October 16, 2010 at 12:01 p.m. Pacific Time (“PT”) and ends on December 3, 2010 at 11:59:59 a.m. PT.
Video Evaluation: Eligible Videos will be evaluated according to the criteria in Section 4 of these Submission Guidelines.
Notification: On or about December 10, 2010, up to fifty (50) select Participants will be contacted by Administrator to confirm eligibility and obtain releases for potential use of their Videos in the Swagger Wagon Remix Video, according to Section 5 of these Submission Guidelines.
Swagger Wagon Remix Video Premiere: The new Swagger Wagon video, which may feature select Participant Video vignettes, will premiere on or about December 17, 2010.

2. ELIGIBILITY: The submitting individual must be a legal resident of the fifty (50) United States or Washington, D.C., who is at least eighteen (18) years of age (or at least nineteen (19) if a resident of Nebraska or Alabama, or at least twenty-one (21) if a resident of Mississippi) (each a “Participant” or collectively, “Participants”). Corporate employees, shareholders, officers and directors of Presenter and its advertising and promotion agencies, Administrator, (collectively, the “Entities”), and each of their respective parent companies, affiliates, divisions, subsidiaries, agents, representatives and promotion agencies, together with the immediate family members and/or those living in the same household of such persons, are not eligible to participate in the Outreach. For purposes of the Outreach, “Household Members” shall mean those people who share the same residence at least three months a year; “Immediate Family Members” shall mean parents, stepparents, legal guardians, children, stepchildren, siblings, step-siblings, or spouses. Outreach void where prohibited.

3. HOW IT WORKS: During the Submission Period, Participants must visit http://www.youtube.com/user/Sienna (“Website”). Participant must follow the on-screen instructions to download the available audio track (“Track”) for use in conjunction with the development of the Participant’s Video. Use of the Track is mandatory. Participant’s Videos must respond to the question, “How do you or your family show your swagger?” Participant must click the “Enter Now” button; the Video must be uploaded according to the on-screen instructions. At this point, the Participant will be required to affirmatively accept the Submission Guidelines. Eligible Videos will be populated to the Website within 24-48 hours of Submission. Once the Video is successfully uploaded, the Participant will receive a “Confirmation E-mail” at the e-mail address associated with the Participant’s YouTube account. The Participant MUST click the link in the Confirmation E-mail to be directed to the Participant information page. Participant must enter his/her phone number and e-mail address in order to be notified if such Participant’s Video is selected to be featured in the Swagger Wagon Remix. Submission must be uploaded and Participant information must be received by 11:59:59 a.m. PT on December 3, 2010. It is the sole responsibility of the Participant to make sure the e-mail address associated with the YouTube account is current and correct. No more than one (1) Participant may use the same YouTube account to enter the Outreach. Limit of five (5) Videos per Participant. Proof of Submission does not constitute proof of receipt. Each Participant must be the rightful owner (or have authorized use) of the YouTube account associated with the Submission. In the event that a Participant decides to delete the Video for any reason, it will no longer be eligible.

During the Submission Period, Website visitors will have the opportunity to use the Thumbs-Up/Thumbs-Down feature to vote on their favorite Videos. Voting is for entertainment purposes only.

Video Requirements

The Video must meet the following requirements:

Video must use the provided music Track, and must not include any additional music or soundtrack.
Videos must respond to the question, “How do you or your family show your swagger?”
Video must be a minimum of one (1) minute and a maximum of ten (10) minutes in length;
Video may only feature Minors IF THE SUBMITTING PARTICIPANT IS THE PARENT OR LEGAL GUARDIAN OF SUCH MINOR. PARTICIPANTS MAY BE ASKED TO SIGN AN AFFIDAVIT VERIFYING THAT YOU ARE SUCH MINOR’S PARENT OR LEGAL GUARDIAN. A “Minor” is defined as anyone under eighteen (18) years of age (nineteen (19) if a resident of Nebraska or Alabama, or twenty-one (21) if a resident of Mississippi);
Video must comply with both the Submission Guidelines and YouTube’s Terms located at http://www.youtube.com/t/terms.

Content restrictions:

Video must not contain material that infringes or violates any right of a third party, including: (1) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (2) right of privacy or publicity; or (3) any confidentiality obligation.

For example, Videos should NOT contain professional athletes, celebrities, names or logos of businesses, clips from television shows or movies; music or lyrics (OTHER THAN TRACKS PROVIDED FOR USE IN THE VIDEO).

Video must not contain material that: (1) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (2) is bigoted, hateful, or racially or otherwise offensive; (3) is discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age); (4) is violent, self-mutilating, vulgar, obscene, pornographic or otherwise sexually explicit; (5) otherwise embarrasses or harms or can reasonably be expected to embarrass or harm any person or entity; (6) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including material that is, or represents an attempt to engage in, child pornography, murder, stalking, cruelty, abuse, sexual assault, fraud, weapons, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity; (7) promotes, depicts or suggests alcohol, illegal drugs, tobacco, computer hacking, firearms or weapons (or the use of any of the foregoing), or any activities that may be construed as unsafe or dangerous, or promotes any particular political agenda or message; or (8) is derogatory or disparaging to any Entities or any other company.
“Materials” (as defined below in Section 8) must NOT include third parties/people who have not expressly authorized Participant to feature their name, image, likeness or voice in the Video or otherwise use such name, image, likeness or voice in accordance with these Guidelines. For clarity, Participants must obtain a release, signed in writing, from any and all persons whose name, image, likeness or voice is featured in the Video.

USE OF THE TRACK. By participating in the Outreach, each Participant acknowledges and agrees that: (a) Entities are granting each Participant a limited, nonexclusive license to use the Track solely in connection with, and as a part of, the Video, (b) Participants will acquire no right, title or interest in the Track, and (c) any use of the Track other than as permitted by these Submission Guidelines may constitute copyright infringement. For clarity, the Track may not be modified, published, performed or transferred to anyone else (unless otherwise stated in the Guidelines), posted to any third-party websites, or used by the Participant for any commercial purpose or any other purpose other than as stated above.

Videos which violate any of these requirements may be deemed ineligible and may be voided at the Entities’ sole discretion. Entities reserve the right to disqualify, in their sole and absolute discretion, any Videos deemed inappropriate or that do not comply with the Submission Guidelines or Website’s Terms. Incomplete or unintelligible Videos will be disqualified. Entities reserve the right to determine in their sole discretion which Videos have satisfied the entry requirements. Entities allow for minor fluctuations in timing devices based on a clear intent to comply with the Guidelines. ELIGIBLE PARTICIPANTS MUST SUBMIT IN ACCORDANCE WITH THESE SUBMISSION GUIDELINES. NO OTHER METHOD OF ENTRY WILL BE ACCEPTED.

4. VIDEO EVALUATION: Eligible Videos will be evaluated by representatives selected by the Presenter. Videos will be evaluated based on the criteria below to select up to fifty (50) Participant Videos for possible use in the Swagger Wagon Remix Video.

Humorous Appeal of Video: 50%
Creative Interpretation of Swagger: 25%
Video Quality & Visual Appeal: 25%

5. NOTIFICATION: IT IS THE SOLE RESPONSIBILITY OF THE PARTICIPANT TO ACCURATELY COMPLETE THE CONTACT INFORMATION FORM DURING THE SUBMISSION PROCESS; FAILURE TO DO SO WILL PREVENT THE ENTITIES FROM NOTIFYING A PARTICIPANT. Up to fifty (50) Participants, as determined by the Video Evaluation, will be notified by e-mail and/or telephone on or about December 10, 2010 (“Notified Participants”). Each Notified Participant will be required to respond (as directed) to the notification attempt within two (2) business days (or a shorter time if required by exigencies). The failure to respond timely to the notification may result in forfeiture of participation and, in such case, Entities may select alternates based on the Video Evaluation results. Notified Participants will be required to execute and return an affidavit of eligibility and liability release, license agreement and, unless prohibited by law, a publicity release and other related documents required by the Entities (collectively, the “Releases”), within a reasonable amount of time, as determined by the Entities in their sole discretion. In addition, Notified Participants must provide on request all appropriate Releases from all persons featured in the Video (in the event an entrant cannot provide all required Releases, Entities reserve the right, in their sole discretion, to disqualify the Video/Participant). NOTE: NO PRIZES OR OTHER COMPENSATION WILL BE AWARDED AS A RESULT OF BEING SELECTED AS A FINALIST OR BEING FEATURED IN THE SWAGGER WAGON REMIX VIDEO.

6. REPRESENTATIONS AND WARRANTIES: Each Participant represents and warrants as follows: (i) Participant has the right to use the Video and other Materials; (ii) the Video is the Participant’s own, original creation; (iii) the Video, as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iv) the Video does not and will not violate or infringe upon the intellectual property rights, publicity rights, or other rights of any other person or entity; (v) Participant has obtained written permission to submit the names, images, and likenesses of all individuals featured in the Video, and (vi) the Video does not and will not violate any applicable laws, complies with the Content Restrictions above in paragraph 3, and is not and will not be defamatory or libelous.

7. MATERIALS/RIGHTS IN SUBMISSIONS/PUBLICITY RIGHTS: All Participants: In consideration of a Video being reviewed and evaluated , each Participant hereby grants to the Presenter and its designees the perpetual, nonexclusive, irrevocable, fully paid, worldwide license to use, edit, copy, sublicense, transmit, distribute, publicly perform, publish, delete or display such Video, or any portion thereof, including to the extent applicable (a) any information, biographical data, and material (e.g., the “Creative File”) submitted by Participant; and (b) all video, audio, photographs, text, graphics, statements, any other creative materials, and quotations of or by Participant and furnished by Participant as part of this Outreach (the “Materials”) included in and/or submitted by Participant in connection with the Outreach), in any media now known or hereafter devised including, but not limited to all forms of electronic media, print media and all forms of Internet and wireless protocol. Each Participant understands that his or her name and Materials may be posted on the Website in connection with the Outreach. Participant agrees that the Presenter and its designees have no obligation to post a Video or any Material on the Website. Each Participant authorizes the Presenter and its designees to utilize, for eternity and in any manner they see fit, the Video, and to make derivative works from the Materials solely in connection with the Outreach (i.e., without limitation, to create promotional materials). In addition to the foregoing grant, in consideration of a Video being utilized in the Swagger Wagon Remix Video, Notified Participants agree to grant (and to evidence such grant in writing upon request from Administrator or Presenter) to the Presenter and its designees the perpetual, EXCLUSIVE, irrevocable, fully paid, worldwide license to use, edit, alter, copy, sublicense, transmit, distribute, publicly perform, publish, delete or display such Video, or any portion thereof. Each Participant releases the Released Parties (as defined below in Section 10) from any and all claims or liability (now known or hereafter arising), including but not limited to any claims for defense and/or indemnity, in connection therewith. Each Participant agrees and acknowledges that participation in the Outreach, including, without limitation, the Participant’s decision to provide a Video for purposes of the Outreach, shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, or other special relationship between the Entities and Participant, does not place the Entities in a position that is any different from the position held by members of the general public with regard to elements of the Participant’s Submission, and that the only contracts, express or implied, between the Presenter and its designees and Participant is as set forth in these Submission Guidelines and any additional release forms. In addition, by participating in the Outreach and providing a Video, each Participant hereby grants permission (except where prohibited by law) for the Presenter and its designees to use Participant’s Materials, name, likeness, voice, quotes, comments, biographical information, photograph and/or image for the purpose of advertising, trade, or promotion without further compensation or consideration in any and all media now known or hereafter developed throughout the universe. Except as required by law or permitted pursuant to these Submission Guidelines, the Presenter will not share a Participant’s information with any third parties.

8. RIGHTS OF ENTITIES: Presenter and its designees shall have the right and sole discretion to delete, edit, refuse to air or transmit, or cease to air or transmit any Video whatsoever which it finds to be in violation of the provisions hereof, does not fully comply with all of Presenter’s requirements in connection with any and all legal clearance issues, or which it finds in its sole discretion to be otherwise objectionable for any reason. Entities have the right, but not the obligation to use the finalist videos in the Swagger Wagon Remix Video. The Entities are not responsible for any materials provided by Participants which are deemed harmful or offensive to others, or for any harm incurred as a result of the Video creation. The Entities make no warranties, express or implied, as to the content or the accuracy or reliability of any information or statements contained in the Video. All statements and opinions made by Participants are those of such Participants only, and the Entities neither endorse nor shall be held responsible for the reliability or accuracy of same. Entities are not responsible for the content or practices of third-party websites that may be linked to from the Website.

9. INDEMNITY: Participant shall indemnify, defend and hold harmless the 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”) from and against any and all liability, claims, loss, damage, injury or expense, including reasonable outside attorneys’ fees, arising out of or in connection with any third-party action arising out of or resulting from (i) Participant’s participation in the Outreach, (ii) a breach or alleged breach of any of Participant’s representations, warranties or obligations herein, and/or (iii) acceptance, possession, use or misuse of any incentive, including without limitation, personal injury, death and property damage arising therefrom.

10. GENERAL TERMS AND CONDITIONS: By participating, each Participant agrees that the Released Parties are not responsible or liable for, and shall be released and held harmless from: (i) late, lost, delayed, damaged, incomplete, illegible, unintelligible, misdirected or otherwise undeliverable mail, postage-due notices, release forms, affidavits or other correspondence; (ii) telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind; (iii) any condition caused by events beyond the control of the Entities that may cause the Outreach to be disrupted or corrupted; (iv) any printing, human, typographical or other errors or ambiguities in (or involving) any materials associated with the Outreach; (v) any and all losses, damages, rights, claims and action of any kind in connection with or resulting from participation in the Outreach; (vi) acceptance, possession, or use of any grant or incentive, including without limitation, personal injury, death and property damage arising therefrom; and (vii) claims based on publicity rights, defamation or invasion of privacy. Entities reserve the right, in their sole discretion, to adjust times and dates reflected in the Overview Section of the Submission Guidelines at any time and/or to suspend or cancel the Outreach 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 Outreach, or in the case of strikes, lockouts, acts of God, technical difficulties, and other events not within the reasonable control of Entities. If the Outreach is terminated before the designated end date, Entities will (if possible) select from all eligible Videos received as of the date of the event giving rise to the termination. Entities reserve the right, at their sole discretion, to prohibit any Participant from participating in the Outreach or to disqualify any individual they find to be tampering with the entry process or the operation of the Outreach; to be attempting to undermine the legitimate operation of the Outreach by cheating, hacking, deception, or any other unfair playing practices; to be acting in violation of the Submission Guidelines; or to be acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Entities may suspend or discontinue the Outreach if, in their sole opinion, there is any actual or suspected tampering of the Outreach, or any other malfunction, event or activity that may affect the integrity of the Outreach. The invalidity or unenforceability of any provision of these Submission Guidelines 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 Submission Guidelines 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.

11. GOVERNING LAW: Any and all disputes, claims and causes of action arising out of, or connected with, this Outreach (including without limitation, any alleged violation of these Submission Guidelines, any controversy relating to the arbitrability of any dispute, or any claim that the Outreach (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; (a) any and all claims, judgments, liabilities and/or awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees; and (b) 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 Outreach.

All issues and questions concerning the construction, validity, interpretation and enforceability of this Outreach, or the rights and obligations of Participants and Entities, shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A., 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. PRIVACY POLICY: By participating in the Outreach, Participant understands that information is being provided to Presenter and not to YouTube. The information provided will only be used as provided in Presenter’s privacy policy. See Presenter’s privacy policy at http://www.toyota.com/help/privacy.html for details regarding the personal information collected in connection with this Outreach. By participating in the Outreach, you grant Presenter permission to share your e-mail address and any other personally identifiable information with the corresponding Entities solely for the purpose of administration, evaluation and fulfillment. Presenter will not sell, rent, transfer or otherwise disclose your personally identifiable information to any third party other than the corresponding Entities as described above herein.

Direct any questions/comments/complaints regarding the Outreach to Presenter at swaggervideo@gmail.com, not YouTube. The Outreach is in no way endorsed or administered by, or associated with, YouTube. YouTube is completely released of all liability by each Participant in this Outreach.