THIS CONTEST IS OPEN TO SELECT CANADIAN RESIDENTS ONLY AND IS GOVERNED BY CANADIAN LAW

1. KEY DATES:

The Canadian Design School Challenge (the “Contest”) begins on September 1, 2017 at 12:00:00 a.m. Eastern Time (“ET”) and ends on October 31, 2017 at 11:59:59 p.m. ET (the “Contest Period”)

2. ELIGIBILITY:

Contest is open to select residents of Canada who (as of September 1, 2017): (i) are currently enrolled full-time or part-time in a design based program at a post-secondary institution (each, an “Institution” and collectively the “Institutions”); and (ii) have reached the legal age of majority in their province/territory of residence at the time of entry, or who are between the ages of seventeen (17) and the legal age of majority in their province/territory of residence (each, a “Minor”) provided any such Minor’s parent/legal guardian has consented to his/her participation in the Contest and has accepted and agreed to be legally bound by these Rules on the Minor’s behalf; except employees, representatives or agents (and those with whom such persons are living, whether related or not) of Toyota Canada Inc. (the “Sponsor”), its parent company, subsidiaries, affiliates, prize suppliers, dealers, advertising/promotion agencies and any other individual(s), entity or entities involved in the development, production, implementation, administration, judging or fulfillment of the Contest (collectively, the “Contest Parties”). Any individual who meets the eligibility criteria outlined in this Rule 2 (as determined by the Sponsor, in its sole and absolute discretion) will hereinafter be referred to as an “Eligible Student”.

NOTE TO MINORS: The Sponsor reserves the right, in its sole and absolute discretion, on a random audit basis to contact a Minor’s parent/legal guardian for the purposes of verifying his/her: (i) agreement to be legally bound by these Rules on the Minor’s behalf; (ii) consent to the Minor’s participation in this Contest; and/or (iii) consent to the collection, use and disclosure of the Minor’s personal information. Failure of a Minor’s parent/legal guardian to complete any such required verification to the complete satisfaction of the Sponsor within the time frame specified by the Sponsor may, in the sole and absolute discretion of the Sponsor, result in disqualification of the Minor.

3. AGREEMENT TO BE LEGALLY BOUND BY RULES:

By participating in this Contest, you (and your parent/legal guardian on your behalf if you are a Minor) are signifying your agreement that you have read and agree to be legally bound by these Official Rules and Regulations (the “Rules”).

4. INDIVIDUALS AND TEAMS:

Each Eligible Student may choose to enter the Contest: (i) as an individual (each, an “Individual”); and/or (ii) as part of a Team (each, a “Team” and collectively, the “Teams”) consisting of up to four (4) Eligible Students. For the avoidance of doubt, an Eligible Student cannot be a member of more than one (1) Team. However, an Eligible Student may enter the Contest as both an Individual and as part of one (1) Team. A Team cannot consist of more than four (4) Eligible Students.

5. HOW TO ENTER:

NO PURCHASE NECESSARY. Each Individual and each Team will be permitted to submit one (1) design concept for a jewel box feature to be used during the Canadian Auto Show series (the “Jewel Box Design”). Additional details regarding the Sponsor’s requirements for the Jewel Box Design can be found below in Appendix “A”. To submit a Jewel Box Design, the Individual (or, the Eligible Student who has been designated as the representative of his/her Team – the “Team Leader”) must first obtain a copy of the Official Contest Entry Form (the “Entry Form”). The Entry Form can be obtained: (i) from the design faculty at the Eligible Student’s Institution; and/or (ii) by visiting Lexus.ca (the “Website”). Next, the Individual (or, the Team Leader) must fully complete the Entry Form with all required information and submit the completed Entry Form along with the Jewel Box Design: (i) to the design faculty at his/her Institution; (ii) via email to submissions@lumency.co or (iii) via the Website (Entry Form and Jewel Box Design collectively hereinafter referred to as an “Entry”). To be eligible, all materials associated with your Entry (collectively, the “Entry Materials”) must: (i) be submitted and received in accordance with these Rules during the Contest Period; (ii) meet all applicable requirements for the Jewel Box Design as set forth below in Appendix “A”; and (iii) be in accordance with these Rules, including, but not limited to, the specific Submission Requirements listed below in Rule 8 (all as determined by Sponsor in its sole and absolute discretion).

6. ADDITIONAL ENTRY RULES:

The maximum number of Entries that any Eligible Student can have in this Contest is two (2) Entries. This is only possible if the Eligible Student submits: (i) one (1) eligible Entry as an Individual; and (ii) one (1) eligible Entry as part of a Team. If it is discovered by the Sponsor (using any evidence or other information made available to or otherwise discovered by the Sponsor) that any person has attempted to use multiple names, multiple identities, multiple email addresses and/or any other means not in keeping with the Sponsor’s interpretation of the letter and/or spirit of these Rules to enter or otherwise participate in or to disrupt this Contest; then he/she may be disqualified from the Contest in the sole and absolute discretion of the Sponsor. The Contest Parties and each of their respective agents, employees, shareholders officers, directors, members, agents, successors, and assigns (collectively, the “Released Parties”) are not responsible for, and accept no liability whatsoever in relation to, any late, lost, misdirected, delayed, incomplete or incompatible Entries, Entry Materials and/or other information (all of which is void). Your Entry Materials (and the Entry associated with your Entry Materials) may be rejected if, in the sole and absolute discretion of the Sponsor the Entry Materials are not submitted and received in accordance with these Rules and/or if the Entry Materials are not otherwise in compliance with these Rules (including, but not limited to, the specific Submission Requirements listed below in Rule 8) (all as determined by Sponsor in its sole and absolute discretion). Facsimiles of Entry Forms will not be accepted.

7. VERIFICATION:

All Entries, Entry Materials and entrants are subject to verification at any time and for any reason. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification): (i) for the purposes of verifying an individual’s eligibility to participate in this Contest; (ii) for the purposes of verifying the eligibility and/or legitimacy of any Entry, Entry Materials and/or other information entered (or purportedly entered) for the purposes of this Contest; and/or (iii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Contest in accordance with the Sponsor’s interpretation of the letter and spirit of these Rules. Failure to provide such proof to the complete satisfaction of the Sponsor within the timeline specified by the Sponsor may result in disqualification in the sole and absolute discretion of the Sponsor. The sole determinant of the time for the purposes of this Contest will be the official time keeping device(s) used by the Sponsor.

8. SUBMISSION REQUIREMENTS:

BY SUBMITTING AN ENTRY (WHETHER AS AN INDIVIDUAL OR AS PART OF A TEAM), EACH ELIGIBLE STUDENT (AND HIS/HER PARENT OR LEGAL GUARDIAN ON HIS/HER BEHALF IF THE ELIGIBLE STUDENT IS A MINOR) AGREES THAT THE ENTRY (AND EACH INDIVIDUAL COMPONENT THEREOF – INCLUDING, WITHOUT LIMITATION, THE ENTRY MATERIALS) COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES. THE RELEASED PARTIES WILL BEAR NO LIABILITY WHATSOEVER REGARDING: (I) THE USE OF ANY ENTRY (OR ANY COMPONENT THEREOF – INCLUDING, WITHOUT LIMITATION, THE ENTRY MATERIALS); (II) PARTICIPATION IN ANY CONTEST-RELATED ACTIVITIES; (III) ANY USE, COLLECTION, STORAGE AND DISCLOSURE OF ANY PERSONAL INFORMATION; AND/OR (IV) IF DECLARED A WINNER, ANY PRIZE (INCLUDING ANY USE OR MISUSE OF ANY PRIZE). THE RELEASED PARTIES SHALL BE HELD HARMLESS BY EACH ELIGIBLE STUDENT (AND HIS/HER PARENT OR LEGAL GUARDIAN ON HIS/HER BEHALF IF THE ELIGIBLE STUDENT IS A MINOR) IN THE EVENT IT IS DISCOVERED THAT AN ELIGIBLE STUDENT (WHETHER AS AN INDIVIDUAL OR AS PART OF A TEAM) HAS DEPARTED FROM OR NOT OTHERWISE FULLY COMPLIED WITH ANY OF THESE RULES. THIS RELEASE AND INDEMNITY SHALL CONTINUE IN FORCE FOLLOWING THE TERMINATION OF THE CONTEST AND/OR AWARDING OF ANY PRIZE.

By participating in the Contest and submitting an Entry (whether as an Individual or as part of a Team), each Eligible Student (and his/her parent or legal guardian on his/her behalf if the Eligible Student is a Minor) hereby warrants and represents that the Entry Materials he/she submits (whether as an Individual or as part of a Team):

  1. are original to him/her and that the Eligible Student has obtained all necessary rights in and to the Entry Materials for the purposes of entering such Entry Materials in the Contest;
  2. do not violate any law, statute, ordinance or regulation;
  3. do not contain any reference to or likeness of any identifiable third parties;
  4. will not give rise to any claims whatsoever, including, without limitation, claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party; and
  5. are not defamatory, trade libelous, pornographic or obscene, and further that they will not contain, depict, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups (including, without limitation, any competitors of Sponsor); content that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct; personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services other than products of Sponsor; any identifiable third party products, trade-marks, brands and/or logos, other than those of Sponsor; conduct or other activities in violation of these Rules; and/or any other materials that are or could be considered inappropriate, unsuitable or offensive, all as determined by the Sponsor in its sole and absolute discretion.

Any Entry Materials that the Sponsor and/or its promotional agency or designated content moderator deems, in its sole and absolute discretion, to violate the terms and conditions set forth in these Rules are subject to disqualification. The Sponsor reserves the right, in its sole and absolute discretion at any time and for any reason, to request an Eligible Student to modify, edit and/or re-submit any Entry Materials (or any part thereof) in order to ensure that the Entry Materials comply with these Rules, or for any other reason. If such an action is necessary at any point in time (including, but not limited to, during or after the Contest), then the Sponsor reserves the right, in its sole discretion, to take whatever action it deems necessary based on the circumstances – including, without limitation, disqualifying the Entry Materials (and therefore the corresponding Entry and/or the associated Eligible Student(s)) – to ensure that the Contest is being conducted in accordance with the Sponsor’s interpretation of the letter and spirit of these Rules.

9. LICENSE:

By participating in the Contest and submitting an Entry (whether as an Individual or as part of a Team), each Eligible Student (and his/her parent or legal guardian on his/her behalf if the Eligible Student is a Minor) hereby: (i) grants to the Sponsor, in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use the Entry Materials (and each component thereof), in whole or in part, associated with his/her Entry for advertising or promoting the Contest or for any other reason; (ii) waives all moral rights in and to the Entry Materials (and each component thereof) associated with his/her Entry in favour of the Sponsor (and anyone authorized by the Sponsor to use the Entry Materials); and (iii) agrees to release and hold harmless the Released Parties from and against any and all claims, damages, liabilities, costs, and expenses arising from use of the Entry Materials (and each component thereof), including, without limitation, any claim based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related or other cause of action whatsoever.

10. THE PRIZES:

The following Prizes (each, a “Prize” and collectively, the “Prizes”) are available to be won in relation to this Contest:

Finalist Prizes: There will be a total of three (3) Finalist Prizes (each, a “Finalist Prize” and collectively, the “Finalist Prizes”) available to be won, each consisting of a cheque in the amount of $1,000.00 CAD.

Grand Prize: There will be a total of one (1) Grand Prize (the “Grand Prize”) available to be won consisting of a cheque in the amount of $5000.00 CAD. In addition, the Grand Prize includes the opportunity for the winning Jewel Box Design to be physically created by the Sponsor (the “Jewel Box”) and then to appear at certain promotional events.

IMPORTANT NOTES ABOUT THE GRAND PRIZE:

  • The decision as to whether or not to actually produce the Jewel Box (and, if produced, the nature and substance of such Jewel Box) is at Sponsor’s sole and absolute discretion. For the avoidance of any doubt, there is no obligation whatsoever on the Sponsor or any other entity to produce the Jewel Box. Even if the Jewel Box is produced, there is no obligation whatsoever on the Sponsor or any other entity to actually use the Jewel Box. All decisions of the Sponsor in these regards shall be considered final and binding without right of appeal.
  • If the Sponsor determines, in its sole and absolute discretion, that the quality of the Entry Materials received in relation to this Contest does not justify the production of the Jewel Box, then the Grand Prize will not include that component.
  • Only if the Sponsor determines, in its sole and absolute discretion, that it will produce the Jewel Box in relation to the confirmed Grand Prize winner, then the following conditions apply to that confirmed Grand Prize winner:
    • The confirmed Grand Prize winner shall have no right of approval, no claim to additional compensation or benefit, and no other claims whatsoever (including, without limitation, claims based upon invasion of privacy, defamation, or right of publicity) arising, directly or indirectly, out of the use of the Jewel Box;
    • The confirmed winner (and his/her parent or legal guardian on his/her behalf if the confirmed winner is a Minor) agrees that the Jewel Box created by or for the Sponsor shall remain the sole and exclusive property of Sponsor and that Sponsor shall retain all intellectual property rights, including, without limitation, copyright, that exist in the Jewel Box; and
    • To the extent that the confirmed Grand Prize winner or any other individual or entity may have or purport to have any rights in the Jewel Box, he/she/it will be required to execute and provide to Sponsor any documents or materials that Sponsor may reasonably request in order to give effect to the Sponsor’s ownership in the Jewel Box – including, without limitation, an assignment of Copyright and/or a Waiver of Moral Rights.

For the avoidance of doubt, each Prize may be won be either an Individual or a Team (not both). In the case of a confirmed winner who is an Individual, the Prize will consist of a cheque payable in the name of the Eligible Student. In the case of a confirmed winner that is a Team, the Prize will consist of a cheque payable in the name of each Eligible Student that forms part of the applicable Team (in an amount split equally amongst all Team members – not to exceed the value of the applicable Prize in the aggregate). Prize must be accepted as awarded and is not transferable or assignable (except as may be specifically permitted by Sponsor in its sole and absolute discretion). No substitutions except at Sponsor’s option. Sponsor reserves the right, in its sole and absolute discretion, to substitute any Prize with a prize of equal or greater retail value.

Neither the Sponsor, nor any of the Released Parties, will intervene in any dispute(s) regarding the allocation of the Prize among Eligible Students who may or may not have assisted in creating the Entry Materials.

To the fullest extent permitted by applicable law, each confirmed winner (and his/her parent or legal guardian on his/her behalf if the confirmed winner is a Minor) understands and acknowledges that he or she may not seek reimbursement or pursue any legal or equitable remedy from either the Sponsor or any of the other Released Parties should his/her Prize in any way be unsatisfactory.

11. ELIGIBLE FINALIST SELECTION PROCESS:

A panel of judges (the “Contest Judges”) appointed by the Sponsor will judge each eligible Entry submitted and received in accordance with these Rules on the basis of the following weighted criteria:

Criteria

Weighting

1. Lexus Canada Brand Representation (Performance, Style & Design focus)

25%

2. Creativity

25%

3. Feasibility of Development and Implementation

25%

4. Relevance to the Target Audience of Lexus

25%

Total Score

Maximum 100%

Each eligible Entry will be given a score (the “Score”) by the Contest Judges. Odds of being selected as the eligible Finalist depend on the number and calibre of eligible Entries submitted and received in accordance with these Rules. The Eligible Students associated with the top three (3) eligible Entries based on Score (as determined by the Contest Judges, in their sole and absolute discretion) will each be selected as an eligible Finalist. In the event of a tie between two or more eligible Entries based on Score, the Eligible Student(s) associated with the eligible Entry – from amongst all such eligible Entries that are tied – with the highest score on Criteria 1 (followed in the event of a further tie by Criteria 2, then Criteria 3, then Criteria 4) will be selected as the eligible Finalist. In the event of an exact tie based on criteria 1, 2, 3 and 4, a new panel of judges will be appointed by the Sponsor to break the tie in accordance with the preceding procedure. Judging is scheduled to be completed on or about November 10, 2017 (the “Finalist Selection Date”). FOR THE AVOIDANCE OF ANY DOUBT, THERE WILL BE ONLY THREE (3) FINALISTS. UNDER NO CIRCUMSTANCES WHATSOEVER WILL THERE BE MORE THAN THREE (3) FINALISTS. If for any reason whatsoever, no eligible Entries are received in accordance with these Rules, then there will be no Finalists.

12. ELIGIBLE FINALIST NOTIFICATION PROCESS:

The Sponsor or its designated representative will make a minimum of five (5) attempts to contact the Eligible Student(s) associated with each eligible Entry that has been selected as an eligible Finalist (using the information provided on the Entry Form) within five (5) business days of the Finalist Selection Date. If the Eligible Student(s) associated with an eligible Entry that has been selected as an eligible Finalist cannot be contacted within five (5) business days of the Finalist Selection Date, or if there is a return of any notification as undeliverable; then such Eligible Student(s) may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit all rights to be a Finalist and to receive a Finalist Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to select an alternate eligible Finalist based on the next highest Score received in accordance with Rule 11 (in which case the foregoing provisions of this section shall apply to the Eligible Student(s) associated with such newly selected eligible Entry that has been selected as an eligible Finalist).

13. ELIGIBLE FINALIST CONFIRMATION PROCESS:

NO ONE IS A FINALIST UNLESS AND UNTIL THE SPONSOR OFFICIALLY CONFIRMS HIM/HER AS A FINALIST IN ACCORDANCE WITH THESE RULES. BEFORE BEING DECLARED AS A CONFIRMED FINALIST (each, a “Finalist”), the Eligible Student(s) associated with each eligible Entry that has been selected as an eligible Finalist will be required to sign (and also have his/her parent or legal guardian sign if he/she is a Minor) and return within five (5) business days of notification the Sponsor’s declaration and release form, which (among other things): (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the Finalist Prize (as awarded); (iii) releases the Released Parties from any and all liability in connection with this Contest, his/her participation therein and/or the awarding and use/misuse of the Prize or any portion thereof; (iv) assigns all intellectual property, including copyright, in and to the Entry Materials in favour of the Sponsor; (v) agrees to indemnify the Released Parties against any and all claims, damages, liabilities, costs, and expenses arising from use of the Entry Materials including, without limitation, any claim that the Entry Materials infringe a proprietary interest of any third party; and (vi) agrees to the publication, reproduction and/or other use of his/her name, address, voice, statements about the Contest and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner whatsoever, including print, broadcast or the internet.

If any Eligible Student(s) associated with an eligible Entry that has been selected as an eligible Finalist: (a) fails to return the properly executed Contest documents within the specified time; (b) cannot be (or is unwilling to be) a Finalist and/or cannot accept (or is unwilling to accept) the Finalist Prize (as awarded) for any reason; and/or (c) is determined to be in violation of these Rules (all as determined by the Sponsor in its sole and absolute discretion); then such Eligible Student(s) will be disqualified (and will forfeit all rights to be a Finalist and to receive a Finalist Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to select an alternate eligible Finalist based on the next highest Score received in accordance with Rule 11 (in which case the foregoing provisions of this section shall apply to the Eligible Student(s) associated with such newly selected eligible Entry that has been selected as an eligible Finalist). For the avoidance of doubt, in the case of a Team each Eligible Student forming part of the Team must meet the aforementioned requirements in Rule 13. If one (1) or more Eligible Students who is/are a member of the Team fails to meet the aforementioned requirements in Rule 13, then the entire Team may, in the sole discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit all rights to be a Finalist and to receive a Finalist Prize).

Each confirmed Finalist will receive one (1) Finalist Prize.

14. ELIGIBLE GRAND PRIZE WINNER SELECTION PROCESS AND ODDS OF WINNING:

A new panel of judges (the “Grand Prize Contest Judges”) appointed by the Sponsor will judge each Finalist’s Entry on the basis of the following weighted criteria:

Criteria

Weighting

1. Lexus Canada Brand Representation (Performance, Style & Design focus)

25%

2. Creativity

25%

3. Feasibility of Development and Implementation

25%

4. Relevance to the Target Audience of Lexus

25%

Total Score

Maximum 100%

Each Finalist’s Entry will be given a new score (the “Grand Prize Score”) by the Grand Prize Contest Judges. For the avoidance of any doubt, the Score from Rule 11 does not get factored-in to the Grand Prize Score. Odds of being selected as the eligible winner of the Grand Prize depend on the number and calibre of Finalist Entries – but, in no case will be worse than 1 in 3. The Eligible Student(s) associated with the top Finalist Entry based on Grand Prize Score (as determined by the Grand Prize Contest Judges, in their sole and absolute discretion) will be selected as the eligible winner of the Grand Prize. In the event of a tie between two or more Finalist Entries based on Grand Prize Score, the Eligible Student(s) associated with the Finalist Entry – from amongst all such Finalist Entries that are tied – with the highest score on Criteria 1 (followed in the event of a further tie by Criteria 2, then Criteria 3, then Criteria 4) will be selected as the eligible winner of the Grand Prize. In the event of an exact tie based on criteria 1, 2, 3 and 4, a new panel of judges will be appointed by the Sponsor to break the tie in accordance with the preceding procedure. Judging is scheduled to be completed on or about November 10, 2017 (the “Selection Date”).

15. ELIGIBLE GRAND PRIZE WINNER NOTIFICATION PROCESS:

The Sponsor or its designated representative will make a minimum of five (5) attempts to contact the Eligible Student(s) associated with the eligible Grand Prize winning Entry (using the information provided on the Entry Form) within five (5) business days of the Selection Date. If the Eligible Student(s) associated with the eligible Grand Prize winning Entry cannot be contacted within five (5) business days of the Selection Date, or if there is a return of any notification as undeliverable; then such Eligible Student(s) may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit all rights to the Grand Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to select an alternate eligible Grand Prize winning Entry based on the next highest Grand Prize Score received in accordance with Rule 14 (in which case the foregoing provisions of this section shall apply to the Eligible Student(s) associated with such newly selected eligible Grand Prize winning Entry).

16. ELIGIBLE GRAND PRIZE WINNER CONFIRMATION PROCESS:

NO ONE IS A WINNER UNLESS AND UNTIL THE SPONSOR OFFICIALLY CONFIRMS HIM/HER AS A WINNER IN ACCORDANCE WITH THESE RULES. BEFORE BEING DECLARED THE CONFIRMED GRAND PRIZE WINNER, the Eligible Student(s) associated with the eligible Grand Prize winning Entry will be required to sign (and also have his/her parent or legal guardian sign if he/she is a Minor) and return within five (5) business days of notification the Sponsor’s declaration and release form, which (among other things): (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the Grand Prize (as awarded); and (iii) releases the Released Parties from any and all liability in connection with this Contest, his/her participation therein and/or the awarding and use/misuse of the Grand Prize or any portion thereof. If any Eligible Student(s) associated with the eligible winning Entry: (a) fails to return the properly executed Contest documents within the specified time; (b) cannot accept (or is unwilling to accept) the Grand Prize (as awarded) for any reason; and/or (c) is determined to be in violation of these Rules (all as determined by the Sponsor in its sole and absolute discretion); then such Eligible Student(s) will be disqualified (and will forfeit all rights to the Grand Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to select an alternate eligible Grand Prize winning Entry based on the next highest Grand Prize Score received in accordance with Rule 14 (in which case the foregoing provisions of this section shall apply to the Eligible Student(s) associated with such newly selected eligible Grand Prize winning Entry). For the avoidance of doubt, in the case of a Team each Eligible Student forming part of the Team must meet the aforementioned requirements in Rule 16. If one (1) or more Eligible Students who is/are a member of the Team fails to meet the aforementioned requirements in Rule 16, then the entire Team may, in the sole discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit all rights to the Grand Prize).

17. GENERAL CONDITIONS:

This Contest is subject to all applicable federal, provincial and municipal laws. The decisions of the Sponsor with respect to all aspects of this Contest are final and binding on all Eligible Students without right of appeal. ANYONE DEEMED BY THE SPONSOR TO BE IN VIOLATION OF THE SPONSOR’S INTERPRETATION OF THE LETTER AND/OR SPIRIT OF THESE RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE SPONSOR AT ANY TIME.

The Released Parties will not be liable for: (i) any failure of any website or any platform during the Contest; (ii) any technical malfunction or other problems of any nature whatsoever, including, without limitation, those relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any Entry, Entry Materials, or other information to be received, captured or recorded for any reason whatsoever, including, but not limited to, technical problems or traffic congestion on the internet or at any website; (iv) any injury or damage to an Eligible Student’s or any other person’s computer or other device related to or resulting from participating in the Contest; (v) anyone being incorrectly and/or mistakenly identified as a winner or eligible winner; and/or (vi) any combination of the above.

The Sponsor reserves the right, subject only to the approval of the Régie des alcools, des courses et des jeux (the “Régie”) in Quebec, to withdraw, amend or suspend this Contest (or to amend these Rules) in any way, in the event of any cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Contest as contemplated by these Rules, including, without limitation, any error, problem, computer virus, bugs, tampering, unauthorized intervention, fraud or failure of any kind whatsoever. Any attempt to undermine the legitimate operation of this Contest in any way (as determined by Sponsor in its sole and absolute discretion) may be a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law. The Sponsor, with the consent of the Régie, reserves the right to cancel, amend or suspend this Contest, or to amend these Rules, in any way without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason whatsoever.

By entering this Contest, each Eligible Student expressly consents to the Sponsor, its agents and/or representatives, storing, sharing and using the personal information submitted for the purpose of administering the Contest and in accordance with Sponsor’s privacy policy (available at: http://www.lexus.ca/lexus/en/privacy). This section does not limit any other consent(s) that an individual may provide the Sponsor or others in relation to the collection, use and/or disclosure of their personal information.

The Sponsor reserves the right, subject only to the approval of the Régie in Quebec, to adjust any of the dates, timeframes and/or other Contest mechanics stipulated in these Rules, to the extent deemed necessary by the Sponsor, for purposes of verifying compliance by any Eligible Student, Entry, Entry Materials and/or other information with these Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Rules, or for any other reason.

For Quebec residents: Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the board only for the purpose of helping the parties reach a settlement.

In the event of any discrepancy or inconsistency between the terms and conditions of these English Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to: the Entry Form, French version of these Rules, point of sale, television, print or online advertising and/or any instructions or interpretations of these Rules given by any representative of the Sponsor; the terms and conditions of these English Rules shall prevail, govern and control to the fullest extent permitted by law.

The invalidity or unenforceability of any provision of these Rules 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 Rules shall otherwise remain in effect and shall be construed in accordance with the terms as if the invalid or illegal provision were not contained herein.

To the fullest extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Rules or the rights and obligations of participants, Sponsor or any of the other the Released Parties in connection with the Contest will be governed by and construed in accordance with the domestic laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws. The parties hereby consent to the exclusive jurisdiction and venue of the courts located in Ontario in any action to enforce (or otherwise relating to) these Rules or relating to this Contest.