TORC Digital 2021 REGISTRATION RULES, TERMS AND CONDITIONS
1) Registration to the TORC Digital 2021 is NON-REFUNDABLE. There will be no cancellation unless it is a duplicated payment or TORC cancels your registration for any reasons. This is also your pre-order for the 25th anniversary commemorative keychain.
2) To participate in this digital event, vehicles must be TOYOTA.
3) Entrant must complete their vehicle registration by submitting the form and also any media materials beginning on 4/17/2021 and before 5/30/2021. Media submission can follow the form in later date.
4) Event dates : July 2021 (date TBA). The TORC Digital Entry Gallery will be shown online. Selected vehicles’ photos and videos will be distributed online during the event week.
5) NO “FOR SALE” Signs displayed on vehicles. Un authorized promotion, solicitation or any sales-like or related products of any business, expect ALL TOYOTAFEST sponsors are not allowed in photos or videos.
6) TORC Digital 2021 welcomes stock, survivors, modified and work in progress Toyota. Vehicles that do not meet minimum presentation standards, such as wrecked vehicles, damaged vehicles will be ineligible to participate. TORC has the right to determine case by case, cancel any registration based on submitted images and information.
7) If the owner of the vehicle is a minor, a parent or a guardian of the minor must complete the purchasing process and complete the registration together with the minor.
8) We, Toyota Owner’s and Retsorere’s Club/ALL TOYOTAFEST (including all staff, volunteers and the operation team reserve the right to refuse service / cancel registration / and delete comments of entrants or any individuals we deem inappropriate. Any entrants, viewers or exhibitors who fail (or has failed in the past shows of any) to follow the written rules and regulations or verbal instruction from the event staff is subject to disqualification and removal or/cancelation from the event. This also includes un-sportsman like behavior, excessive profanity, sexually explicit, violent, unethical, intoxicated, under the influence, questionable character or anything else deemed inappropriate by the event staff and the venue including online.
TERMS AND CONDITIONS
1. By participating in a digital event – Toyota Owner’s and Restorer’s Club /ALL TOYOTAFEST – by clicking the box below, participants agrees to these terms. These terms are between participants and Joy International LLC dba ALL TOYOTAFEST (collectively TORC / ALL TOYOTAFEST).
2. TORC / ALL TOYOTAFEST does not guarantee that A digital event – TORC Digital 2021 will occur or be completed on the planned schedule. The event may be prevented by natural occurrences, government acts or orders or pandemics, such as Covid. JCCSA does not guarantee any specific award categories.
3. TORC / ALL TOYOTAFEST reserves the right to cancel a registration and withdraw vehicles from participation if an entrant or anyone assisting an entrant: fails to follow the rules, uses inaccurate photographs, harasses others by social media or in person, uses profanity, is intoxicated or fails to follow the reasonable instructions of TORC.
4. Entrant warrants and represents that the photographs and videos submitted by it do not infringe any copyright and are genuine photographs and videos, which have not been retouched, of an automobile owned by Entrant.
5. Entrant agrees to indemnify, protect, hold harmless and defend TORC/ALL TOYOTAFEST, its officers, directors, agents, attorneys and employees from and against any and all claims, suits, loss, liability, expense and damage, including costs of suit and attorneys’ fees arising out of: (a) photographs and videos submitted by Entrant; or (b) personal injury (including Covid) to persons helping Entrant with its participation in A virtual event – . Entrant waives its rights to raise a defense to its obligations under this section based upon the any intervening, contributing or comparative (whether active or passive) negligence of TORC. This indemnity applies: unless and until it is ruled that the loss was the result of the sole negligence or willful misconduct of TORC / ALL TOYOTAFEST; to any acts or omissions, willful misconduct or negligent conduct (whether active or passive) of Entrant; and whether the claims against TORC / ALL TOYOTAFEST result from Entrant’s negligence or any other cause, except the sole negligence or willful misconduct of TORC / ALL TOYOTAFEST. TORC / ALL TOYOTAFEST may defend itself with counsel of its choice, which will be paid for by Entrant upon presentation of legal bills or requests for retainer. Attorneys’ fees incurred in enforcing this paragraph will be awarded to the prevailing party.
6. Entrant releases and waives all claims against TORC / ALL TOYOTAFEST, whether known or unknown, whether existing or arising in the future, based all, or in part, upon: (a) the decision of TORC / ALL TOYOTAFEST as to awards; (b) Entrant’s participation in the Annual ALL TOYOTAFEST or its digital events; (c) TORC / ALL TOYOTAFEST use of Entrant’s photographs and videos; (d) use of Entrant’s photographs and videos by a third party, even if that third party accessed the images on a TORC website or TORC social media postings; (e) TORC’s use of and modification of social media, including, but not limited to Facebook, Instagram and YouTube; and (f) any personal injuries (including Covid) caused to Entrant by its participation in A digital event – TORC Digital 2021. Entrant acknowledges that its rights under Section 1542 of the Civil Code of California are expressly waived. This section provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
7. The place for performance by TORC / ALL TOYOTAFEST is Buena Park, California. Entrant consents to personal service in Orange County, California. Any legal proceeding against TORC / ALL TOYOTAFEST must be filed in court within 1 year after the claim occurs. The parties waive the right to increase this time by delay in discovery. The failure to file in court within 1 year is an absolute bar. This time limit applies to all claims (regardless if the claim is based on tort, fraud, contract or statute), except indemnity claims. California law, except its conflict of laws, applies to all disputes.
8. This Agreement, including the registration form and TORC / ALL TOYOTAFEST rules for A digital event – TORC Digital 2021, is the entire agreement and supersedes all prior negotiations and agreements. These terms are intended as the final, complete and exclusive statement of the terms and cannot be changed, waived or terminated orally or in writing, unless signed by both parties. There are no express or implied representations, warranties or inducements, except as set forth. Any uncertainty will not be interpreted based on attribution of drafting. This Agreement may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. This Agreement will be interpreted to give the TORC / ALL TOYOTAFEST maximum control of A digital event – TORC Digital 2021. If any provision is held invalid, all other provisions remain. The failure of a party to insist upon strict adherence to any provision will not be a waiver of that term and will not prevent that party from enforcing that term. A party will not be prevented from enforcing a term by delay in seeking to enforce it, or on the basis that its conduct was inconsistent with that term. The receipt of any benefit will not prevent a party from enforcing any provision.