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2024 Sheehy Lexus HIO Golf Challenge

OFFICIAL RULES

VOID OUTSIDE THE STATE OF VIRGINA AND WHERE PROHIBITED OR RESTRICTED BY LAW. THIS CONTEST (DEFINED BELOW) IS INTENDED FOR ENTRY IN THE STATE OF VIRGINIA AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE FIFTY (50) UNITED STATES OR THE DISTRICT OF COLUMBIA AT THE TIME OF ENTRY. NOT OPEN TO THE GENERAL PUBLIC.

CONTEST DATE: The “Sheehy Lexus HIO Golf Challenge (the “Contest”) starts and ends on June 15, 2024 (the “Contest Period”).

ELIGIBILITY: The Contest is open only to permanent legal residents of the fifty (50) United States and District of Columbia who are twenty one (21) years of age or older who are participating in the Golf Tournament (the “Tournament”) at Boar's Head Resort (located at 200 Ednam Drive, Charlottesville, VA 22903) (the “Golf Course”), and are amateur golfers (each, a “Contestant”). Contestants must be Amateur golfers that meet the United States Golf Association (“USGA”) rules of Amateur Status as of the date of participation in the Tournament. Contestants that do not qualify as an Amateur pursuant to USGA Rules of Golf are not eligible to participate in this Contest. In the event a Contestant is deemed an official prize winner (“Official Prize Winner”), he/she must have a unique, personal and valid social security number for Sponsor (defined below) to report the tax liability associated with acceptance of the prize (“Prize”). If applicable, valid social security numbers will be determined by Internal Revenue Service (“IRS”) requirements as further defined in the “Prize Claims” section of these Official Rules. Officers, employees, managers, dealers, and directors of Sponsor (defined below), Toyota Motor Sales USA, Inc., and each of their respective parent companies, subsidiaries, affiliates, and related companies, advertising and promotion agencies, consultants and agents, as well the immediate family (spouse, parents, siblings and children) and household members of each such person, and any others engaged in the development, production, execution or distribution of this Contest are not eligible to participate. Contest is subject to all federal, state and local laws and regulations. Contest is void outside the state of New York and wherever else restricted or prohibited by law. Contestants who have previously won a contest, sweepstakes, or promotion of any kind sponsored or otherwise associated with Sponsor or Toyota Motor Sales USA, Inc., within thirty (30) calendar days immediately preceding the start of this Contest are ineligible to participate or win a prize (further defined below). Eligibility will be determined by Sponsor in its sole discretion.

HOW TO PARTICIPATE: Each Contestant that is an Amateur golfer at the Tournament at the Golf Course during the Contest Period will have one (1) opportunity to make a “Hole-In-One” (the “Shot”) at Hole #6 found on the Golf Course (the “Target Hole”). A “Hole-In-One” is defined as a single shot resulting in the ball dropping into the cup on the Target Hole (the Shot).
A Shot taken at the Prize Target Hole must be taken at a minimum yardage as defined by the Sponsor representative at the Tournament.
A “Shot” is defined as a “stroke” by the USGA Rules of Golf. The first stroke is the Shot made by the Contestant. Limit of one (1) Shot per Contestant. No practice Shots, mulligans or substituted Shots for Contestants are permitted. Any attempt by a Contestant to make more than one (1) Shot by any method will void that Contestant’s Shot and that Contestant will be disqualified from the Contest. By participating in this Contest, each Contestant; (a) represents that he/she is at least twenty one (21) years of age and otherwise eligible to participate in the Contest; and (b) fully and unconditionally agrees to and accepts these Official Rules and the decisions of Sponsor, which are final and legally binding in all respects. Any person who tampers with the participation process in any way will be disqualified.

WINNING: In the event an eligible Contestant’s Shot results in a Hole-In-One at the Target Hole during the Tournament (a “Winning Shot”), that Contestant will win the respective prize, subject to verification (see “Prize Claims” section below). If a Winning Shot does not occur during a Tournament, no prize will be awarded. Witnesses will be present at the Target Hole.
Odds of winning the Prize are dependent upon the performance of the Contestant. The determination of a potential prize winner (“Potential Prize Winner”) will be that of the Sponsor and designated Sponsor representatives present at the Target Hole, whose decisions are based upon their sole discretion and interpretation of these Official Rules and are final and binding in all respects. To become an Official Prize Winner, a Potential Prize Winner must comply with these Official Rules, and must complete and return “Required Documents” as outlined in the “Prize Claims” section below.


2 PRIZES:

Hole #6: In the event a Contestant is deemed an Official Prize Winner at Target Hole #6 in accordance with these Official Rules, he/she will win a 2 (two) year lease of a 2024 Lexus TX automobile (the “Vehicle”). The approximate retail value (“ARV”) of the twenty four (24) month lease is $29,285.22.
Vehicle, if accepted by the Official Prize Winner, is taxable as income and all taxes associated with the Vehicle (including but not limit to income taxes) are the sole responsibility of the Official Prize Winner, if any. Lease (defined below) includes the first twenty thousand (20,000) miles during the twenty four (24) month period. All miles exceeding twenty thousand (20,000) will be the Official Prize Winner’s sole responsibility, at a rate of $.20 per each additional mile. Color of the Vehicle, Equipment and Accessories of the actual Vehicle awarded may vary as Sponsor reserves the right to decide upon and substitute the color of the Vehicle, any of the Equipment and Accessories and/or any other current year Vehicle for the Vehicle described herein at its sole discretion. In the event the Vehicle is awarded, the Official Prize Winner will be required to sign a motor vehicle lease agreement (the “Lease”) which will govern all terms and conditions of his/her use, operation and possession of the Vehicle, with the sole exception of Vehicle payments for the twenty four (24) month term of the Lease, and the Official Prize Winner must comply with all terms and conditions of the Lease during the twenty four (24) month term. The Official Prize Winner must be available to sign the appropriate documentation on the date indicated by the Sponsor or the Vehicle may be forfeited, without compensation of any kind. Once verified, the Official Prize Winner will be required to pick up the Vehicle at the Lexus dealership specified by Sponsor, subject the any other terms provided herein. Official Prize Winner must provide evidence of legally-required automobile liability insurance at time the Lease is signed in order to take delivery of the Vehicle. The Official Prize Winner shall be solely responsible for all travel or transportation costs, associated with winning the Vehicle, except as otherwise provided herein. In the event the Official Prize Winner resides more than sixty (60) miles from a Lexus Dealership, the Vehicle shall be delivered to a mutually agreed upon location within sixty (60) miles from the Official Prize Winner’s legal residence at the Sponsor’s sole cost. If, after acceptance of the Vehicle, Official Prize Winner violates the terms of the Lease, as determined by Sponsor (or Sponsor’s financing affiliate) in its sole discretion, Sponsor may take any and all available legal sanctions against the Official Prize Winner as if he/she were any other Lessee of the Sponsor (or Sponsor’s financing affiliate). Should Sponsor (or Sponsor’s financing affiliate) pursue such legal sanctions, Sponsor will deem the Vehicle forfeited by the Official Prize Winner without further obligation to the Official Prize Winner and; (a) Official Prize Winner will be required to return the Vehicle to the Sponsor (or Sponsor’s financing affiliate at Sponsor’s sole discretion); or (b) (provided that Official Prize Winner is still in possession of the Vehicle, as determined by Sponsor in their sole discretion) Official Prize Winner will owe in full payment for all remaining months of the twenty-four (24) month Lease Period and will be responsible for any and all other damages assessed by Sponsor (or Sponsor’s financing affiliate). In accordance with the terms and conditions of the Lease, all service, parts, materials and repairs in connection with the use and operation of the Vehicle during the term of the Lease, including but not limited to gasoline, oil, batteries, tires, tubes, repairs or maintenance arising from any misuse or negligent use of the Vehicle, and/or towing are at Official Prize Winner’s expense. All manufacturer's recommended maintenance services found in the Owner's Manual provided by the manufacturer in connection with the use and operation of the Vehicle during the Lease term, including all service and maintenance required by the manufacturer's warranty, will be done or caused to be done by the Official Grand Prize Winner at his/her sole expense at an authorized Lexus dealer. In accordance with the terms and conditions of the Lease, the Vehicle shall not be used where excessive mileage and/or misuse alters the condition and/or value of the Vehicle for resale and the Vehicle shall not be used or operated in a negligent, improper or unsafe manner, or in violation of any Law, or in any manner as to void any insurance covering same. No modifications or alterations shall be made to the Vehicle during the term of the Lease. To the extent there are any modifications or alterations to the Vehicle, including without limitation any replacements, substitutions or additions of parts or equipment to the Vehicle, all said items shall be accessions to the Vehicle and shall become the sole property of Sponsor. Upon expiration or termination of the Lease, the Official Grand Prize Winner shall immediately surrender the Vehicle, in the same condition as received (reasonable wear and tear excepted) to the Sponsor as further defined in the Lease.

The depiction of the Vehicle in any advertising or promotional materials or physical display may not reflect the actual Vehicle delivered to the Official Prize Winner (if any). All applicable federal and other local taxes, title, registration, licensee fees, as well as any and all other costs/expenses associated with registering, using, and claiming the Vehicle are the sole responsibility of the respective Official Prize Winner. THERE ARE NO WARRANTIES, PROMISES, OR REPRESENTATIONS, EXPRESS OR IMPLIED, BY SPONSOR TO THE OFFICIAL PRIZE WINNER WITH RESPECT TO THE VEHICLE, EXCEPT AS SPECIFICALLY CONTAINED IN THE EXPRESS WRITTEN LIMITED WARRANTIES IN THE VEHICLE'S OWNER'S GUIDE. SPONSOR SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE TO THE OFFICIAL PRIZE WINNER OR ANY OTHER PERMITTED USER (AS FURTHER DEFINED IN THE LEASE, IF APPLICABLE), NOR TO ANYONE ELSE, OF ANY KIND AND HOWSOEVER CAUSED, WHETHER BY THE VEHICLE, OR THE REPAIR, MAINTENANCE OR EQUIPMENT THEREOF, OR BY ANY FAILURE THEREOF, OR INTERRUPTION OF SERVICE OR USE OF THE VEHICLE, EXCEPT TO THE EXTENT SPECIFICALLY SET FORTH IN THE EXPRESS WRITTEN LIMITED WARRANTIES IN EACH VEHICLE'S OWNER'S GUIDE OR TO THE EXTENT ARISING SOLELY FROM THE GROSS

3 NEGLIGENCE OR WILLFUL MISCONDUCT OF SPONSOR. UNDER NO CIRCUMSTANCES SHALL SPONSOR BE RESPONSIBLE OR LIABLE FOR ANY CONSEQUENTIAL DAMAGES. THERE ARE NO OTHER REPRESENTATIONS OR STATEMENTS REGARDING THE VEHICLE, AND THERE ARE NO IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, NO WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE OR USE NOR ANY WARRANTY OF
MERCHANTABILITY. The Vehicle is taxable as income and all taxes associated with the Vehicle are the sole responsibility of the Official Prize Winner (if any).

  • First Prize: In the event a Contestant is deemed an Official Prize Winner of a Hole-in-One on the longest remaining Target Hole at a Golf Course in accordance with these Official Rules, he/she will win a $500 Mastercard Gift Card having an ARV of $500.00.
  • Second Prize: In the event a Contestant is deemed an Official Prize Winner of a Hole-in-One on the second longest remaining Target Hole at a Golf Course in accordance with these Official Rules, he/she will win a Bushnell Rangefinder Package having an ARV of $350.
  • Third Prize: In the event a Contestant is deemed an Official Prize Winner of a Hole-in-One on the longest remaining Target Hole at a Golf Course in accordance with these Official Rules, he/she will win a $100 Boar’s Head Resort Gift Card having an ARV of $00.00.

For purposes of these Official Rules, Grand Prizes, First Prizes, Second Prizes and Third Prizes shall be referred to as the “Prize” or “Prizes”. No substitution or cash redemption of a Prize is permitted. Prize is not transferable and may not be resold. Sponsor reserves the right to substitute a prize of equal or greater value if a Prize becomes unavailable due to reasons beyond the control of the Sponsor. No more than one (1) Prize per Contestant will be awarded. Multiple Prizes can be awarded per Target Hole at Sponsor’s discretion. An unclaimed Prize will not be awarded.

PRIZE CLAIMS (If applicable): Except where prohibited, the Potential Grand Prize Winner will be required to complete, execute and return an Affidavit of Eligibility, Liability and Publicity Release (the “Release”), an IRS Form W-9 (“W-9 Form”) and any other documents required by Sponsor (collectively, the “Required Documents”) within three (3) business days or less from receipt of email notification from the Independent Administrator by email. Additional documents required by Sponsor are: (a) an attested statement from the par three hole witness, the Potential Grand Prize Winner, and all playing partners, (b) a signed and completed original scorecard of the Potential Grand Prize Winner, and (c) a copy of the Golf Tournament Pairing Sheet certified by the Golf Course professional or Golf Tournament director.
If the Potential Grand Prize Winner fails to return the Required Documents within the time period required, or if the Grand Prize notification is returned as undeliverable, Potential Grand Prize Winner forfeits his/her right to the Grand Prize and the Grand Prize will not be awarded. Official Grand Prize Winner must report income to the IRS. In the event it is deemed during the verification process that the Potential Grand Prize Winner does not have a unique, personal and valid social security number for Sponsor to report the tax liability associated with acceptance of the Grand Prize, Potential Grand Prize Winner will be disqualified and no Grand Prize will be awarded in the respective Event. Valid social security numbers will be determined by IRS requirements. If it is determined by the Independent Administrator, in its sole discretion, that the Potential Grand Prize Winner is not eligible or otherwise not in compliance with these Official Rules, the Potential Grand Prize Winner forfeits his/her right to the Grand Prize and no Grand Prize will be awarded in the respective Event, even if the disqualified Potential Grand Prize Winner’s name may have been publicly announced. In the event that the Potential Grand Prize Winner is disqualified for any reason, Sponsor and Independent Administrator shall have no liability or obligation to such individual.
Prize Winners (if any) hereby grant to Sponsor and Toyota Motor Sales USA, Inc., and those acting under their authority, the irrevocable, royalty-free, fully paid up right and license to use his/her name, likeness (photograph and/or video), biographical information, and voice in advertising/publicity/trade without territorial or time limitations and without compensation, notice or approval; and, prize winner disclaims any ownership rights of such advertising/publicity/trade material.

THE CONTEST AND THE PRIZES AND MATERIALS PROVIDED ON OR THROUGH THE CONTEST ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LITIGATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
GENERAL CONDITIONS: Should any portion of the Contest 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, corrupts or impairs the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Contest and conduct the Contest in a manner which in its sole

4 discretion is fair, appropriate and consistent with these Official Rules. Notice of such action by Sponsor will be posted at the Tournament. Sponsor reserves the right in their sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Sponsor reserves the right to disqualify or reject any incomplete, inaccurate or false entry. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS 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. SPONSOR'S FAILURE TO ENFORCE ANY TERM OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF THESE PROVISIONS.
RELEASE:

By participating in this Contest, Contestants agree to release and hold harmless Sponsor, Toyota Motor Sales, Inc., the Golf Course, Saatchi & Saatchi North America, LLC, including without limitation, its division Team One, and each of their respective officers, directors, managers, employees, parents, subsidiaries, affiliates, agents, members, shareholders, insurers, servants, divisions, predecessors, successors, representatives, dealers, distributors, advertising, promotion, and fulfillment agencies, including the Independent Administrator, consultants and legal advisors (collectively, the “Released Parties”) from and against any claim or cause of action arising out of participation in the Contest or receipt, redemption or use of the Prizes (if applicable), including any travel related thereto.

LIMITATIONS OF LIABILITY: The Released Parties are not responsible for (a); unauthorized human intervention in any part of the entry process or the Contest; (b) electronic or human error which may occur in the administration of the Contest;
(c) any injury or damage to persons or property, which may be caused, directly or indirectly, in whole or in part, from Contestant's participation in the Contest, or any prize-related event, if applicable; (d) any printing or typographical errors or other incorrect or inaccurate entry information in any Contest-related materials; (e) stolen, lost, late, misdirected, corrupted, incomplete, or indecipherable entries (if applicable); or (f) technical failures of any kind, including but not limited to the malfunctioning of any computer, mobile device, cable, network, hardware or software, as applicable.

DISPUTES: Contestant agrees that; (a) any and all disputes, claims, and causes of action arising out of, or connected with, this Contest (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 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, including costs associated with Contestant’s participation in this Contest or otherwise accessing this Contest, and in no event will Contestant be entitled to receive attorneys’ fees or other legal costs; and (c) under no circumstances will you be permitted to obtain awards for, and Contestant 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 Contestant seek or be entitled to rescission, injunctive, or other equitable relief or to enjoin or restrain the operation of this Contest, exploitation of any advertising or other materials issued in connection therewith, or exploitation of this Contest or any content or other material used or displayed on this Contest. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Contestant and Sponsor in connection with the Contest, 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.

CONTESTANTS PERSONAL INFORMATION: Information collected from Contestants (if any) is subject to privacy policies, located at http://www.lexus.com/privacy/.
WINNER’S LIST: For the name of the Official Prize Winner (if any), please submit a self-addressed, stamped envelope for receipt by June 20, 2024 to “Sheehy Lexus HIO Golf Challenge”, 299 West Houston, 8th Fl, New York, NY 10021.

OFFICIAL RULES: A copy of these Official Rules may be obtained at the Tournament.

SPONSOR: Eastern Area Lexus Dealer Advertising Association, Inc. c/o Team One, a division of Saatchi & Saatchi North America, LLC