You tell us!
The award-winning authors of our serial novella have reached the final stretch of In the Belly of the Beast. But our story isn’t over yet. We’re inviting readers to write the tenth and final chapter in the saga of Terence and Julia and the IS F.
Use the form below to submit your story. We’ll publish the best version in our next online issue. Think of it as a chance to put your name alongside those of our series’ top authors.
Don’t delay: we can’t accept stories after November 16, 2008.
These are the terms and conditions for the Lexus Magazine Online Edition Story Submission Program (“Program”). This publication is owned by Lexus, a division of Toyota Motor Sales, U.S.A., Inc., which is the importer of Lexus brand automobiles in the continental United States (“ Toyota”, “we”, “us”, or “our”).
You must be a permanent legal resident of the fifty (50) United States and the District of Columbia and at least 18 years old (or 19 years old if a resident of Alabama or Nebraska, or 21 years old if a resident of Mississippi) to participate in this Program. If you are not an intended participant, please do not submit a story.
These terms and conditions of this Program constitute a legal agreement (collectively, the “Terms” or “Agreement”, which includes any and all modifications hereof) between you and Toyota. If you submit a story, you will be bound by the Terms (to the extent applicable to you) set forth in this Agreement. In this Agreement, “you” and “your” refer to each viewer or user and his or her agents (unless the context requires otherwise), and “we”, “us” and “our” refer to Toyota. This Agreement explains our obligations to you, and your obligations to us, in relation to this Program.
We may at any time revise these Terms by updating this posting. Modifications become effective immediately upon posting. THESE TERMS ONLY APPLY TO THE USE OF THIS PROGRAM, AND OTHER PROGRAMS PROVIDED BY TOYOTA HAVE DIFFERENT TERMS AND CONDITIONS THAT APPLY.
1.0 REGISTRATION
This Program requires that you register prior to submitting a story. When you register you may be asked to your personal information. You agree to (a) provide true, accurate and complete information about yourself as prompted by the registration or application form, and (b) maintain and promptly update the data to keep it true, accurate, current and complete. The information required may include, without limitation, the following: (i) first and last name and (iv) U.S. based email address, and answering other questions as prompted by the registration or application form. Any data you provide about yourself or your interests shall be referred to in these Terms as “Data You Provide”.
2.0 SUBMISSIONS
The Program shall permit you to submit stories that are works of fiction (“Submissions”). Any story you submit may be used by us and our designees for any purpose, including, but not limited to, reproduction, transmission, disclosure, publication, broadcast, and posting. By submitting your story, you irrevocably transfer and assign to us, and forever waive and agree never to assert, any copyrights, "moral" rights, or other rights that you may have in such material. We and our designees are free to use, without obligation of any kind, any ideas, concepts, techniques, or know-how contained in any story you submit for any purpose whatsoever.
3.0 REPRESENTATIONS
You warrant and represent that: (a) the names and e-mail addresses you identified to us for you are accurate, complete, and valid; (b) you are the sole and exclusive owner of the the fiction story you submit; (c) you have the full and exclusive right, power, and authority to post the Submissions, and to grant us the rights to the Submissions granted upon the terms and conditions set forth in this Agreement; (d) no part of the Submissions has previously been published; (e) no rights in the Submissions have been previously granted to any person, firm, corporation, or other entity, or otherwise exercised or exploited; (f) your Submissions are not offensive or otherwise violate any part of these Terms; (g) your Submissions do not defame or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or property rights or any other third party rights; (h) if your Submissions appear to endorse Lexus, Toyota, or Scion brand vehicles or any TMS/USA Entities, and/or imply any association with any TMS/USA Entities or our business, you consent to such appearance of endorsement and/or association, and if a third party appears to endorse, or be associated with, Lexus, Toyota or Scion brand vehicles, TMS/USA Entities or our business, you have obtained the express written consent of such third party to such endorsement and/or association (and, if requested to do so, can produce such written consent in a form and manner acceptable to us).
4.0 GRANT OF RIGHTS TO YOUR SUBMISSIONS
You grant to us and our designees an exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exploit the Submissions and any person’s property (physical, personal, and indicia) contained therein, in any media now or hereafter known, without any payment or other consideration of any kind, or permission or notification, to you or any third party. We reserve all rights, including without limitation, the right to reproduce, record, alter, amend, edit, publish, publicly perform, use, merchandise, license, sublicense, adapt, and stream the Submissions in any and all media now or hereafter known, including but not limited to, the Internet and outdoor billboards, throughout the world, related to the TMS/USA Entities, our dealers and dealer associations, sales of our products (for example, sales of Toyota automobiles), and any other promotions sponsored by us. You understand and agree that no confidential or fiduciary relationship is established between you and us by providing any Submissions.
5.0 Indemnification
You agree to defend, indemnify and hold harmless Toyota and its parent, subsidiaries and affiliates, their respective distributors, dealers, dealer associations and advertising and promotions agencies, together with their respective employees, agents, directors, officers and shareholders (collectively, “Toyota Parties”), from and against all the liabilities, claims, damages and expenses (including reasonable attorneys’ fees and costs) arising out of your breach or alleged breach of this Agreement, or your breach or alleged violation of the copyright, trademark, proprietary or other rights of third parties.
6.0 DISPUTES
All issues and questions concerning the construction, validity, interpretation and enforceability of this Agreement, your rights and obligations, or our rights and obligations in connection with this Program, shall be governed by, and construed in accordance with, the laws of the state of New York, U.S.A., without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
7.0 Miscellaneous
(a) Notices And Announcements: Except as expressly provided otherwise herein, all notices to Toyota shall be in writing and delivered via overnight courier or certified mail, return receipt requested to:
Lexus Customer Service
19001 S. Western Ave.
Torrance, CA 90501
(b) Severability: This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
(c) Entire Agreement: You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding this Program and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.
(d) Assignment: Except as otherwise set forth herein, your rights under this Agreement are not assignable or transferable.
(e) Waiver: No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by an authorized representative of Toyota. The remedies of Toyota under this Agreement shall be cumulative and not alternative, and the election of one remedy for a breach shall not preclude pursuit of other remedies. Any failure by us, at any time or from time to time, to enforce any of our rights under this Agreement shall not constitute a waiver of such right.
(f) Headings: The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.