Yokohama EXCEED Terms and Conditions – USA
The Yokohama EXCEED website is owned and operated by Yokohama Tire Corporation, 601 S. Acacia Avenue, Fullerton CA 92831 (“Yokohama”). By using or accessing this website you acknowledge that you have read, understood and agree to be bound by these Conditions of Entry, our Privacy Statement, and our Limited Warranty Statement. If you do not agree to be so bound, then you must not use or access this website.
By using or accessing this website, you agree to the following:
Conditions of Entry
1. Sponsor: This Program is sponsored by Yokohama.
2. Participation: The Program is open only to individuals who: (i) are legal residents of the 50 United States (includes DC) aged 18 or older at the time of entry and (ii) are employees of or contractors to a Yokohama Retailer or a franchisee of a Yokohama Retailer that carries on business in the USA (collectively, “Yokohama Retailer”). For the purposes of this Program, the term “Yokohama Retailer” means a company that purchases tires directly from Yokohama, or from an authorized Yokohama distributor.
3. Acceptance: Your electronic acceptance of these Conditions of Entry constitutes your full and unconditional agreement to, and acceptance of, these Conditions of Entry and published entry instructions and the decisions of Yokohama, which are final and binding in all respects.
4. Registration. To participate in the Program, submit electronically, as directed, a completed official registration application through this website. Provide the following details as requested: (i) your name, job title, phone number, and email address; and (ii) the name and address of the Retailer that employs/contracts you. If your registration is electronically accepted by Yokohama as evidenced by an email notification from Yokohama’s authorized representative, you are qualified to participate in the Program. You cannot register more than once. Yokohama reserves the right to verify the status of your employment with the Retailer that employs/ contracts you, at any time. The information that you provide to Yokohama via this website must be clear, valid and genuine. Yokohama is not liable for the consequences of any incomplete, illegible, false or illegal information provided by you (including, but not limited to, any delay or failure on the part of Yokohama, its affiliates and/or sub-contractors to communicate with you), and Yokohama disclaims all liability in relation thereto.
5. Login Protection: You will be required to select a unique username and password upon registration. You must use this username and password to access this website. You are responsible for the safekeeping of your username and password and for all the activities that occur on this website using your username and password. You will be liable if your username or password is used by an unauthorised person. You agree to release and indemnify Yokohama in connection with any use (whether authorised or unauthorised) of your username or password. Yokohama may suspend or cancel your online account at any time without prior notice and/or without having to disclose a reason. You may access your account at any time using your username and password.
6. Training and awarding of prize: Navigate a Module as many times as necessary until you answer all of the questions correctly. You will be awarded points for each question which is answered correctly. Entrants who correctly answer all questions in all modules will be eligible to receive the designated a Prize.
7. Non-disclosure. By participating, you agree that you will not disclose the format or content of the Modules, any question, or any answer or answer choice to a question on the website to any third party, including but not limited to your colleagues, employer or employer’s affiliates. If Yokohama determines that you have made such a disclosure, Yokohama may, without prejudicing its other rights and remedies at law or in equity, elect to disqualify you and/or the recipient of such information, from participation in this Program and/or receipt of the related Prize.
8. Prizing. The expected completion Prize is a Yokohama branded shirt, with an estimated retail value of $30. Prize awards are subject to availability and may be changed at any time. Yokohama reserves the right to provide an alternate prize of similar value, in its sole discretion. Prize adjustments may be posted on this website, at Yokohama’s sole discretion. Therefore, your electronic submission of your Prize selection through this website, does not guarantee that the allocation of such Prize to you.
9. Prize delivery. You must provide to Yokohama or its designated advertising and promotion agency all information required for Prize delivery, and Yokohama and its designees and agents are not responsible or liable to you for any delay or error in the delivery of the Prize or any failure to give notice of such delay or error. In addition, you must acknowledge receipt of the Prize in writing upon acceptance, in the form prescribed. Yokohama reserves the right to withdraw or otherwise cancel your entitlement to any Prize if you refuse to provide such acknowledgement or where Yokohama has made two (2) unsuccessful attempts to deliver the Prize to you. Yokohama, its affiliates or Yokohama’s designated advertising and promotion agency shall have no responsibility or liability to you in relation thereto.
10. Use of personal information: Your personal information will be collected by or on behalf of Yokohama to enable it to administer the Program and publicize its winners and, if you consent, may be used to market its products to you. Your personal information may be provided to others assisting in the conduct of the Program, including the Program administrator, Prize suppliers and deliverers, and to regulatory authorities.
General Terms and Conditions:
11. Yokohama accepts no responsibility for any tax liability incurred as a result of your participation in the Program.
12. You are responsible for compliance with any contractual limitations and/or office policies, if any, regarding participation or prize acceptance in the Program.
13. Notwithstanding anything in these Terms and Conditions, Yokohama reserves the right at any time in its absolute discretion to: (i) cancel or modify the Program, or any part thereof; (ii) determine and/or amend, by addition to, deletion from or variation of, these Conditions without prior notification, including but not limited to, the eligibility terms and criteria for the Program, and you shall be bound by such determination and/or amendments; and (iii) substitute, withdraw or cancel any Prize without prior notice and without having to disclose any reason thereof and without any payment or compensation whatsoever.
14. You agree that, in the event that any portion of these Conditions is found to be unenforceable, the remainder of these Conditions remain in full force and effect. Any revisions will be effective immediately. By continuing to use this website after any revision becomes effective, you agree to be bound by these Conditions as so revised.
15. You agree that Yokohama may modify any URL address or terminate the availability of any information at any URL address at any time without notice to you.
16. Yokohama assumes no responsibility for: (i) any error, omission, interruption, or delay in the operation or transmission of any communication sent to (or by) Yokohama or you whether caused by problems with communication networks or lines, computer systems, software or internet service providers, congestion on any carrier network or otherwise; (ii) any theft, destruction or unauthorized access to, or alteration of such communications; (iii) any problem with, or technical malfunction of, any computer system or other equipment used for the conduct of the Program; or (iv) any incorrect or incomplete information which may be communicated in the course of the administering this Program (whether as a result of one of the foregoing causes or otherwise).
17. NO WARRANTIES, ETC: EXCEPT FOR WARRANTIES AND CONDITIONS IMPLIED BY LAW WHICH CANNOT BE EXCLUDED, YOKOHAMA MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE QUALITY OR SUITABILITY OF THE PRIZE AND YOKOHAMA HEREBY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY RELATING THERETO.
18. LIMITATIONS OF LIABILITY: BY PARTICIPATING AND ACCEPTING A PRIZE, EXCEPT FOR LIABILITY UNDER STATUTE WHICH CANNOT BE EXCLUDED, EACH WINNER AGREES THAT YOKOHAMA, ITS SUBSIDIARIES, AFFILIATES, ADVERTISING AND PROMOTION AGENCIES, AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, WILL HAVE NO LIABILITY WHATSOEVER FOR, AND WILL BE HELD HARMLESS BY WINNER FOR ANY CLAIMS, LIABILITY, OR CAUSE OF ACTION FOR ANY INJURY, LOSS OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING WITHOUT LIMITATION PROPERTY, DUE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE DELIVERY, ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE, PARTICIPATION IN THIS PROGRAM, OR PARTICIPATION IN ANY PROGRAM OR PRIZE RELATED ACTIVITY. FOR THE AVOIDANCE OF DOUBT, NOTHING HEREIN EXCLUDES OR LIMITS YOKOHAMA’S LIABILITY FOR DEATH OR BODILY INJURY RESULTING FROM NEGLIGENCE, FRAUD OR WILFUL MISCONDUCT.
19. Yokohama provides this website and its contents on an “as is” basis and use of this site is at your own risk. The content is believed to be accurate, complete, current and reliable at the date the information was placed on the website. Yokohama makes no representation or warranty as to the accuracy, currency or reliability of the information contained on this site.
20. Yokohama may engage third party contractors to deliver prizes to you, and perform other services in connection with your participation in this Program through this website. Yokohama and/or its affiliates disclaims all liability and shall have no responsibility in relation to any damage, loss, injury, fines, penalties, cost or, expense caused as a result of or in connection with the acts, omissions or negligence of such third party contractors, or their respective employees, agents, representatives, officers and sub-contractors.
21. When you visit this website or send emails to Yokohama, you are communicating with Yokohama electronically. You consent to receive communications from Yokohama electronically. Yokohama will communicate with you by email or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that Yokohama provides to you electronically satisfy any legal requirement that such communications be in writing.