Background

Terms and Conditions

Yokohama EXCEED Terms and Conditions - USA

The Yokohama EXCEED online training website (“Program”) is owned and operated by Yokohama Tire Corporation, 1 MacArthur Place, Suite 900, Santa Ana, CA 92707 (“Yokohama”). By using or accessing this website you acknowledge that you have read, understand and agree to be bound by these Conditions of Use, 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 Use

  • Sponsor: This Program is sponsored by Yokohama.
  • 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 use of the Program and (ii) are employees of Yokohama, or employees or contractors to a Yokohama Retailer or a franchisee of a Yokohama Retailer that carries on business in the USA (collectively, “Yokohama Retailer”) and (iii) are otherwise lawfully permitted to participate in the Program. 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. No purchase necessary. Void where prohibited.
  • Acceptance: Your electronic acceptance of these Conditions of Use constitutes your full and unconditional agreement to, and acceptance of, these Conditions of Use and published entry instructions and the decisions of Yokohama, which are final and binding in all respects.
  • 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, mobile phone number for multi-factor authentication, and email address; and (ii) the name and address of the Yokohama 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 Yokohama 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.
  • 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 unauthorized person. You agree to release and indemnify Yokohama in connection with any use (whether authorized or unauthorized) of your username or password. Yokohama may suspend or cancel your account at any time without prior notice and/or without having to disclose a reason.
  • Training and awarding of prize: Navigate a Module as many times as necessary until you answer enough of the questions correctly to score at least an 80%, which is required to pass the Module. You will be awarded points for each Module completed with a score of at least 80%.
  • Non-disclosure; No Tampering; Termination: 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. Such actions may also constitute fraud or other violations of law. If, in Yokohama’s reasonable judgment, there is any evidence of tampering with any portion of the Program or website, or if technical difficulties compromise the integrity of the Program, Yokohama may, in its sole discretion, void any entries at issue (including disqualifying any individual who tampers or otherwise interferes with the entry process). Yokohama reserves the right to cancel, terminate, modify or suspend the Program, in whole or in part, at any time without notice.
  • Prizing: Upon successful completion of each Module, you will receive a predetermined number of points, varying by Module. You may convert points earned at any time to be used on the Yokohama e-store through a Coupon Code, using a predetermined conversion value. The value of the Coupon Code will be determined by the Modules completed, the points earned and how many of those points are converted. You must earn a minimum of ten points before being able to convert to a Coupon Code and conversion of points must be in increments of tens (i.e. 10, 20, 50, 100, 110, 350, etc.). This Code will expire six months after issuance by the Yokohama e-store. Merchandise awards are subject to availability and may be changed at any time. Yokohama reserves the right to change or alter the number of points earned by a Module, or the conversion value, at any time and without notice.
  • Prize delivery: Prize delivery is fulfilled through Yokohama’s merchandise e-store, and by using it, you agree to the Terms and Conditions within the e-store, which may be accessed here. 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, and Yokohama’s designated advertising and promotion agency shall have no responsibility or liability to you in relation thereto.
  • 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. All personal information will be treated in accordance with Yokohama’s privacy policy, which may be accessedhere.

    • General Terms and Conditions:

  • Yokohama accepts no responsibility for any tax liability incurred as a result of your participation in the Program.
  • You are responsible for compliance with any contractual limitations and/or office policies, if any, applicable to you regarding participation or Prize acceptance in the Program.
  • 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.
  • You agree that, in the event that any portion of these Conditions is found to be unenforceable, the remainder of these Conditions shall remain in full force and effect. Any revisions will be effective immediately unless otherwise stated. By continuing to use this website or otherwise participate in the Program after any revision becomes effective, you agree to be bound by these Conditions as so revised.
  • 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.
  • 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).
  • NO WARRANTIES, ETC: EXCEPT FOR WARRANTIES AND CONDITIONS EXPRESSLY REQUIRED BY LAW WHICH CANNOT BE EXCLUDED, YOKOHAMA EXPRESSLY DISCLAIMS AND 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.
  • 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.
  • Yokohama provides this website and its contents on an “as is” basis and use of this site is at your own risk. Yokohama makes no representation or warranty as to the accuracy, currency or reliability of the information contained on this site.
  • 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.
  • 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. Participants in the Program irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in Orange County, California for any causes or controversies arising out of the Program and waive any and all objections to jurisdiction and venue in these courts.