THE "QUEST FOR THE OLDEST TOSHIBA LAPTOP" CONTEST

OFFICIAL RULES

NO PURCHASE NECESSARY. PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

Please read these official rules before entering this Contest. By submitting an Entry, you agree to be bound by these rules and acknowledge that you satisfy all Contest eligibility requirements.

1) PROGRAM ELIGIBILITY AND DESCRIPTION: This Contest is sponsored by Toshiba America Information Systems, Inc. ("Sponsor") and is open to legal residents of the fifty (50) United States and District of Columbia who are eighteen (18) years of age or older as of date of entry and, if entering online, logging onto the Internet from the United States. Employees of Sponsor, their respective affiliates or subsidiaries, and anyone working on the product, project, or promotion, and the advertising and promotional agencies and the immediate family members of each are not eligible. This Contest will begin at April 20, 2010 at 8:00 a.m. PST and ends on June 21, 2010 at 11:59:59 p.m. PST ("Contest Period"). No purchase is necessary to participate in this Contest. All applicable United States federal, state, and local laws apply. This Contest is void where prohibited or restricted by law.

2) HOW TO ENTER: http://25.toshiba.com ("Website") between April 20, 2010 at 8:00 a.m. PST and May 31, 2010 at 11:59:59 p.m. PST ("Entry Period") and complete the online registration and entry form including your video or photo entry, entry name, entry description and all other information requested ("Entry"). You must include accurate and complete information including an accurate email address. Entries originating outside of the U.S. are ineligible. Online Entry into the Contest must be completed in a single, continuous session during the Entry Period.

There are two (2) ways to enter:

Video Entry: Entrants can submit an original video to enter the Contest. All videos must not exceed 100MB and must be submitted in one of the following video formats: AVI, MOV, WMV, MP4, MPEG, FLV, 3GP, and 3G2. Video cannot be longer than two minutes.

Photo Entry: Entrants can submit an original photo to enter the Contest. The photo must not exceed 5MB. The photo should be in one of the following formats: gif, jpg, or jpeg.

Entry Rules and Guidelines for All Entries:

  • Entries must include a clearly identifiable Toshiba laptop and should celebrate Toshiba laptops. Be creative.
  • Entries should not include any other identifiable people or material in which a third party has intellectual property rights, privacy rights, or rights of publicity in any form or of any kind.
  • Entries should not, in the sole discretion of Sponsor, be considered obscene, indecent, offensive, violent, hateful, or libelous or contain any other content otherwise prohibited by law or inconsistent with the purposes of the Contest as described in these Official Rules and related materials.
  • Entries must be to specified size and quality. Any video or image not correctly prepared or suffering image degradation in Sponsor's sole and absolute discretion (including without limitation due to over-compression) may be disqualified.

There is no limit on the number of original Entries you can submit; however, you may not submit the same Entry more than once and each Entry submitted must (in Sponsor's sole and absolute discretion) be substantially different from the others. No automated entry or voting devices or programs are permitted. You are solely responsible for the equipment and Internet access required to enter or participate in the Contest. Sponsor reserves the right, in its sole discretion, to restrict participation in the Contest to any person at any time for any reason and/or to disqualify any entry at any time for any lawful reason.

Sponsor further reserves the right to reject, block, suspend or remove your Entry at any time at Sponsor's sole discretion. Sponsor in no way guarantees that your Entry or any part of it will be placed on the Website. Any Entry is published at our discretion.

Any attempted entry by any means except as permitted in these Official Rules is void. Sponsor will not be responsible for lost, late, incomplete, stolen, misdirected, undelivered, delayed, inaccurate, garbled or illegible entries or materials or for any computer, telephone, cable, network, satellite, electronic or internet hardware or software malfunctions, failures, connections or availability, or for garbled or jumbled transmissions, or for service provider/Internet/Website/usenet accessibility or availability, traffic congestion, or unauthorized human intervention, or for inaccurate capture of any information, or the failure to capture any such information. Proof of submission will not be deemed to be proof of receipt by Sponsor.

3) ENTRANT REPRESENTATIONS AND WARRANTIES; ENTRANT INDEMNITY: By registering with us, you warrant that: all registration information you submit is truthful and accurate; you will maintain the accuracy of this information; your use of the Website does not violate any applicable law or regulation. As a registered user you may post or upload your Entry to the Website as long as you comply with our content standards. You grant us a perpetual, royalty-free, non-exclusive license to use your Entry on the Website, and for other uses as we require in any and all media. This includes, without limit, the right to sub-license to third parties, in our absolute discretion via any and all media (whether existing now or invented in the future). You grant us all necessary rights, licenses, consents and clearances to allow us to use your Entry in accordance with these Terms and agree not to assert any moral or similar rights you may have in any Entry. You and not Sponsor are entirely responsible for all Entries that you upload, post, email or otherwise transmit via the Website. You guarantee that your Entry: (a) Does not infringe any copyright, trade marks, rights of privacy/confidentiality, publicity or other intellectual property or other rights of any other person or entity; (b) Does not contain any malicious code, viruses or other harmful programs or material; (c) Does not violate any applicable law, statute, ordinance, rule or regulation; (d) Meets our content standards. You agree that before posting or uploading your Entry you are responsible for obtaining all releases, consents and/or licenses necessary for uploading your Entry on our Website and for any subsequent use of that Entry by us Sponsor accordance with these Official Rules.

You agree your Entry must not: (i) Contain any material which constitutes or encourages conduct that could be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law; (ii) Contain any material which is defamatory, obscene or offensive, or likely to harass, upset, embarrass, alarm or annoy any other person; (iii) Contain any visible branding by any other electronics company; or (iv) Infringe any copyright, database rights, trade mark or other intellectual property right or other right of any other person.

You agree to indemnify Sponsor and any related third parties in full from and against all third party claims, liabilities, losses and expenses (including reasonable legal fees) incurred or suffered by such persons arising from your breach of any terms or warranty herein or your misuse of any material or information obtained through the Website; or arising out of or related to your Entry.

4) WINNERS SELECTION & NOTIFICATION: By participating in the Contest, you agree that Sponsor and its subsidiaries and affiliates and each of their representatives, employees, agents and contractors have the right to (a) use, review, assess, evaluate, score, verify and judge your entry, publicly or otherwise, in any manner they elect, and (b) control or restrict voter qualification and the frequency and manner of voting.

There will be three (3) rounds of voting and judging to determine the winners ("Winners"): Initial Voting Phase, Judging Phase and Final Voting Phase.

Initial Voting Phase: During the Initial Voting Phase, taking place between April 20, 2010 at 8:00 a.m. PST and May 31, 2010 at 11:59:59 p.m. PST, Entries will be posted on the Contest website at http://25.toshiba.com. Individuals who meet the eligibility requirements will be invited to vote for their favorite Entries (each a "Public Voter"). Each Public Voter will be allowed one (1) vote per "Day" (a 24 hour period beginning at 12:00 a.m. PST and ending at 11:59:59 p.m. PST). Automated and/or fraudulent methods of voting are strictly prohibited. The use or creation of multiple email accounts by the same person for voting is strictly forbidden. The votes from the public during this phase will be used by a panel of qualified judges to select the finalists, but Sponsor shall have no obligation to select as the Winners those Entries receiving the highest votes and shall have the discretion to exercise reasonable judgment to determine the finalists using such votes and any other criteria deemed reasonable by Sponsor.

Judging Phase: During the Judging Phase, taking place between June 1, 2010 and June 6, 2010 the judges will select the ten (10) finalists based on the following criteria:

  • Creativity & Originality (50%)
  • Relevance to the theme of the contest (25%)
  • Public votes from the Initial Voting Phase (25%)

Oldest Toshiba Laptop:

In addition, Judges will determine which Entry includes the Oldest Toshiba Laptop based on the image or video of the laptop submitted. In the case of a tie, the judges will judge each submission based on the judging criteria listed above. All decisions of the judges are final.

Final Voting Phase: During the Final Voting Phase, taking place between June 7, 2010 at 12:00 a.m. PST and June 21, 2010 at 11:59:59 p.m. PST, finalist Entries will be posted on the Contest website at http://25.toshiba.com. Individuals will be invited to vote for their favorite Entries. Each Public Voter will be allowed one vote per "Day" (a 24 hour period beginning at 12:00 a.m. PST and ending at 11:59:59 p.m. PST). Automated and/or fraudulent methods of voting are strictly prohibited. The use or creation of multiple email accounts by the same person for voting is strictly forbidden. Entries with the most votes from the Final Voting Phase will be the Grand Prize and Runner Up Winners.

There will be a total of ten (10) Winners (see Section 5. Prizes below). The Winners shall be subject to verification (including verification of eligibility, compliance with the Official Rules, and completion of documentation specified herein) and satisfaction of any prize-related conditions or specifications. Sponsor's decisions are final and binding in all matters relating to the Contest, including but not limited to eligibility and Winner selection. If a potential Winner cannot be reasonably notified, verified or confirmed within seven (7) days of first notification attempt (and any further attempts, if any, as Sponsor may elect, in its sole discretion, to make), a prize is declined, or a potential Winner is not eligible for award of a prize for whatever reason, an alternate potential Winner will be chosen in accordance with these Official Rules.

Winners will be notified by email to the email address entered during registration.

5) PRIZES:

  • Grand Prize (1) - $1,500 US and a Toshiba Laptop (Satellite E205 laptop). Approximate Retail Value: $2,400.
  • Runner Ups (8):
    • Runner Up 1 and 2: Satellite A505-S6040; Approximate Retail Value: $1300
    • Runner Up 3 and 4: Satellite U505-S2005RD; Approximate Retail Value: $800
    • Runner Up 5 and 6: Satellite U505-S2005; Approximate Retail Value: $800
    • Runner Up 7 and 8: Satellite Satellite T115D-S1125. Approximate Retail Value: $500
  • Oldest Toshiba Laptop Winner:
    • One (1) - $1,500 US and a Toshiba Laptop (Qosmio X505). Approximate Retail Value: $3,000.

ARV is based on manufacturer's suggested retail price at the commencement of the Contest. Return of any prize/prize notification as undeliverable may result in disqualification and selection of an alternate Winner. Taxes on a prize, if applicable, are the sole responsibility of each Winner. Prize is not redeemable for cash. Any and all guarantees or warranties for merchandise prize are subject to the prize manufacturer's terms and conditions, and Winner agree to look solely to such manufacturer for any such warranty or guarantee claim. No substitution, barter, transfer, or assignment of any prize is permitted, except by Sponsor at its sole discretion. Some restrictions may apply. Sponsor reserves the right to substitute a prize of similar or greater value if a prize is unavailable.

6) USE OF WINNER'S NAME, LIKENESS: Acceptance of prize constitutes permission for Sponsor to use Winner's name and likeness for advertising and promotional purposes without additional consideration or compensation unless prohibited by law. Winners further grant to Sponsor the right to use and publish their proper name and state online and in print in any other media in connection with the Contest.

7) INTERNET: The use of any automated launching or entry software or any other mechanical or electronic means that permits the Entrant to automatically enter repeatedly is prohibited. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of Entries. Sponsor is not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Web site, or any combination thereof, including any injury or damage to Entrant's or any other person's computer relating to or resulting from participation in this Contest or downloading any materials in this Contest. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

8) SPONSOR: The Sponsor of this Contest is Toshiba America Information Systems, Inc., 9740 Irvine Blvd., Irvine, CA 92618.

9) GENERAL RELEASE: BY ENTERING THIS CONTEST OR ACCEPTING ANY PRIZE, ENTRANTS RELEASE SPONSOR, ITS AFFILIATED COMPANIES, PRIZE DONORS, AND ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AND AGENTS FROM ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, COSTS, INJURIES, LOSSES, OR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THIS CONTEST OR THE ACCEPTANCE, POSSESSION, OR USE OF ANY PRIZE, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, DAMAGE TO PERSONAL PROPERTY, RIGHTS OF PUBLICITY OR PRIVACY, OR DEFAMATION, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING STRICT LIABILITY AND NEGLIGENCE), PRODUCT LIABILITY, CONTRIBUTION, OR ANY OTHER THEORY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

10) GENERAL CONDITIONS: Entrant agrees to be bound by these official rules and by the decisions of Sponsor and/or its judges, which shall be final and binding in all respects. To the maximum extent permitted by applicable law, Sponsor reserves the right to change these official rules or cancel, modify or suspend this Contest at any time, in its sole discretion. Sponsor also reserves the right to disqualify any Entrant who tampers with the entry process, or to lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter this Contest. If you have any questions regarding these rules or this Contest, please send your questions to "Quest for the Oldest Toshiba Laptop" c/o Toshiba America Information Systems. Inc., Building 1, A115J, 9740 Irvine Blvd., Irvine, CA 92618.

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