- No Purchase OR PAYMENT OF ANY KIND IS Necessary TO ENTER OR WIN THIS CONTEST. A Purchase OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR Chances Of Winning.
- THIS IS A SKILL-BASED CONTEST.
- VOID WHERE PROHIBITED BY LAW.
- AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED.
- SPONSOR AND PRODUCER OBTAIN RIGHTS FROM ENTRANTS TO POST AND USE ANY AND ALL CONTENT SUBMITTED AS PART OF THE CONTEST.
- ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
- ENTRY VIA TWITTER AND INSTAGRAM ONLY AND INTERNET CONNECTION REQUIRED. “PROTECTED” TWITTER ACCOUNTS MAY NOT BE ABLE TO SEND ENTRIES.
- THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, TWITTER, INC. OR INSTAGRAM, LLC.
BY ENTERING (OR OTHERWISE PARTICIPATING IN) THE CONTEST, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE CONTEST ENTITIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
1. Eligibility. The Scion Live Drive Denver Auto Show Contest (the “Contest”) is open only to individuals who are at the date and time of entry: (i) legal residents of one (1) of the fifty (50) United States or the District of Columbia; (ii) at least eighteen (18) years of age or older with a current, valid U.S. issued driver’s license; and (iii) in attendance at the Denver Auto Show during one of the Entry Periods specifically set forth below. Employees, officers and directors of Toyota Motor Sales, U.S.A., Inc. (“Sponsor”), Beyond Marketing Group, LLC (“Producer”) and each of their respective parent companies, affiliates, subsidiaries, advertising and promotion agencies, distributors and other prize suppliers (collectively, the “Contest Entities”), and each of such employees’, officers’ and directors’ immediate family members and/or those living in the same household (whether legally related or not) of each are not eligible to enter the Contest or win a prize. For purposes of this Contest, immediate family members are defined as spouse, partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren and those living in the same household shall mean people who share the same residence at least three (3) months a year, whether legally related or not. Further, entrants must be a member of good standing of Twitter and/or Instagram in order to participate in the Contest and win a prize. Void where prohibited by law. By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these “Official Rules” and the decisions of the Judges (defined below) and/or Sponsor/Producer, including the interpretation of these Official Rules and its exercise of discretion, which will be final and binding in all respects.
2. Entry Periods. The Contest begins on or about 12:00 p.m. Mountain Time (“MT”) on Thursday, March 21, 2013 and ends with the selection of the final Winners (defined below) at 6:00 p.m. MT on Sunday, March 24, 2013 (the “Contest Period”); provided, however, the Contest Period consists of four (4) separate “Entry Periods” (each an “Entry Period”), which are specifically detailed in the chart below. All entries must be received by the end time and date (detailed below) for each respective Entry Period to be eligible for the corresponding judging review for that Entry Period. Entries from one (1) Entry Period will not carry over to subsequent Entry Periods. Individuals who enter will be receiving an entry for the contest based on the chart below and entrants will need to enter again during the designated times below if they would like to receive an entry into other subsequent Entry Periods. Entrants should not keep submitting the same message/photograph for each Entry Period.
Judging Time/Date of Winners
|Entry Period #1||
12:00 p.m. MT on March 21, 2013
6:00 p.m. MT on March 21, 2013
7:00 p.m. MT on March 21, 2013
|Entry Period #2||
12:00 p.m. MT on March 22, 2013
6:00 p.m. MT on March 22, 2013
7:00 p.m. MT on March 22, 2013
|Entry Period #3||
10:00 a.m. MT on March 23, 2013
6:00 p.m. MT on March 23, 2013
7:00 p.m. MT on March 23, 2013
|Entry Period #4||
10:00 a.m. MT on March 24, 2013
5:00 p.m. MT on March 24, 2013
6:00 p.m. MT on March 24, 2013
All DATES SET FORTH IN THE CHART ABOVE AND ELSEWHERE IN THESE OFFICIAL RULES ARE SUBJECT TO EXTENSION IN SPONSOR’s/PRODUCER’s SOLE AND ABSOLUTE DISCRETION.
3. How to Enter. There are two (2) methods of entry for this Contest:
(i) Twitter Entry. To participate and enter this Contest via Twitter, individuals will need a Twitter account (“Twitter Account”). If you do not already have a Twitter Account, visit www.twitter.com to create a Twitter Account; creating a Twitter Account is free. By submitting your information and creating a Twitter Account, you will be required to agree to the Twitter terms of service and privacy notice. If you do not agree to Twitter’s terms of service and privacy notice, you cannot create a Twitter Account or participate in this Contest via Twitter. To enter, during an Entry Period, visit Sponsor’s Scion booth at the Denver Auto Show that offers Scion test drives and Tweet a message and/or photo on your Twitter Account that addresses the call to action advertised at the booth which will ask: “How do you make every second count?” and include both the hashtags #scionlivedrive and #scion in your Tweet. Sponsor, at its sole discretion, may accept a technically incorrect unique term. NOTE: Sponsor may not receive entries from Twitter users with “protected” updates (i.e., user has set their Twitter Account so that only people the user has approved can view their updates) due to the way Twitter operates its service. Tweet messages not received by Sponsor will not be entered into the Contest. For purposes of this Contest, entrant’s inclusion of “#scionlivedrive” in their Tweet will be deemed acceptance of these Official Rules. The entrant’s Tweet must comply with the requirements set forth in these Official Rules, including, without limitation, the Content Guidelines set forth below.
Limit of one (1) entry per person during each Entry Period (regardless of method) will be accepted. Subsequent attempts made by the same individual to submit multiple entries by using multiple or false contact information or otherwise may be disqualified. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified. Entries that are in excess of the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Contest at Sponsor’s sole and absolute discretion. Illegible and/or incomplete entries and entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Those who do not follow all of the instructions or abide by these Official Rules or other instructions of Sponsor may be disqualified. Sponsor may run multiple campaigns, contests, sweepstakes other promotions simultaneously. Entry into one (1) campaign, contest or sweepstakes does not constitute entry into any other. Sponsor may not receive entries that fail to strictly follow the posting instructions set forth in these Official Rules and Sponsor is not responsible for failure to see or receive an entry. Contest Entities are not responsible for any changes or unavailability of the Twitter or Instagram service that may interfere with the Contest (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use such services for the Contest as set forth herein that are not acceptable to Sponsor) or ability of entrant to timely enter, receive notices or communicate with Sponsor via these platforms, in which case Sponsor, in its sole discretion, may terminate or modify the Contest. In the event of a dispute concerning who submitted an entry, the entry will be declared to have been made by the registered account holder of the e-mail address associated with the account for the potentially winning entrant, but only if that person meets all other eligibility criteria or if that person is the approving parent or legal guardian of a minor participant who meets all of the eligibility criteria. A registered account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Potential Winners may be required to provide Sponsor with proof that he/she is the registered account holder for the e-mail address associated with the account for the potentially winning entry. If a dispute cannot be resolved to Sponsor’s satisfaction, the entry will be deemed ineligible. Any damage made to any website or the Twitter or Instagram services will be the responsibility of the registered account holder of the e-mail address for the account submitted at the time of entry. It is a potential Winner’s responsibility to set his/her account settings to accept contacts by Sponsor and to timely check his/her account for any messages.
MOBILE DISCLOSURE: If you opt to receive Sponsor’s messages, including any prize notification or other Contest-related messages, via text message to your wireless mobile device (which may only be available via participating wireless carriers and is not required to enter), standard text messaging rates will apply for each text message sent or received from your handset according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers’ rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Contest. Participation in this Contest by mobile phone and text message means that you understand that you may receive additional text messages from Sponsor relating to this Contest, including to notify you if you are a potential Winner in this Contest, which will be subject to the charges pursuant to your carrier’s rate plan. Text messaging may not be available from all mobile phone service carriers and handset models. Cell phone service may not be available in all areas. Check your phone’s capabilities for specific instructions.
SUBMISSION CONTENT GUIDELINES: Submissions to the Contest that do not meet the following “Content Guidelines” are subject to disqualification and/or removal, each at Sponsor’s sole and absolute discretion:
- Submissions must comply with the Official Rules and the terms and any other applicable rules set forth on a participating service mentioned above (as applicable to an entrant’s entry) and meet all specifications or requirements called for in the advertising for the Contest.
- Except for materials that are in the public domain, each submission, in its entirety, must be a single work of original material created by the entrant and suitable for presentation in a public forum.
- Submissions must not have been submitted previously in any contest or sweepstakes of any kind or exhibited or displayed publicly (i.e., disclosed beyond your immediate circle of friends and family) through any means previously.
- Except for materials in the public domain, submissions must include only materials created by the entrant and must not infringe on the intellectual property rights of any other person or entity. Sponsor does not permit the infringement of others’ rights and any use of materials not original to the entrant is grounds for disqualification from the Contest. Do not copy your favorite movie, book or photo or include materials, images, graphics, music or trademarks belonging to any third parties or incorporate the names, voices, likeness or personas of any party other than yourself unless you have obtained all rights necessary to permit you to use same in connection with your submission and grant the rights herein granted to Sponsor. Entries that contain brand names, trademarks or company logos are subject to disqualification.
- Submissions must not include material that: (a) is sexually explicit, indecent, obscene, violent, hateful, tortuous, defamatory, slanderous or libelous or contains any nudity, (b) is derogatory or promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (c) invades the privacy or publicity rights of any person, living or deceased, (d) is unlawful, (e) is harmful to other users of the website utilized by entrant such as viruses, trojan horses or other technologies that could adversely impact the Contest, and/or (f) is disparaging to Sponsor or is inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate (at Sponsor’s sole and absolute discretion). If Sponsor receives multiple submissions that feature nude or naked images, Sponsor reserves the right to immediately suspend the Contest and not award the prize offered in connection with this Contest.
- Each submission should not reveal any personal information about another individual, including another person’s address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual.
- Entrant must have permission from any individuals that appear in their submission (e.g., family members, friends, or others).
- No background artwork should appear in the submissions unless it is an original work of the entrant. Any artwork, murals, etc. that can be seen in submissions must be created solely by the entrant or entrant must be the sole owner of all copyright interests therein.
- Entrants must not submit a submission that if selected cannot be licensed or assigned to Sponsor as contemplated below.
4. Intellectual Property. Entrants, upon submission of their entry to the Contest, hereby irrevocably grant to Sponsor, and each of its licensees, successors and assigns, a non-exclusive, perpetual, royalty-free, no-cost license and right to use and otherwise exploit the submissions submitted as part of the Contest, and all images, text and materials depicted therein, in whole or in part, in any manner or medium now or hereafter known or devised (including, without limitation, CDs, streaming media, film, television, videocassettes, print, interactive devices, mobile media, Internet and on-line systems), throughout the universe and in any and all languages, including, without limitation, the right to display, reproduce, record, perform, exhibit, distribute, copy, edit, change, modify, add to, subtract from, re-title and adapt the same, to combine it with other material and otherwise use and exploit it without having to give any compensation or attribution to entrants except for the awarding of the prize in this Contest. Sponsor, and each of its successors, assigns and licensees, will have the right to make unlimited derivative works therefrom, to assign or transfer any or all of Sponsor’s rights hereunder and to grant unlimited, multiple-level sublicenses. Without limiting the forgoing, Sponsor will have the right to use the submissions submitted as part of the Contest, and all images depicted therein (if any), in any merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose. Entrants hereby forever waive and relinquish all so-called “moral rights (droit moral)” now or hereafter recognized in connection with submissions submitted as part of the Contest. Entrants acknowledge that as a condition of participating in the Contest and/or being selected as a Winner, Sponsor may request that the entrant’s submission, and any rights therein, be assigned to Sponsor and entrants may be required to confirm such assignment by completing and submitting the Prize Acceptance Documents (and any other documents reasonably required by Sponsor) or such entrant will otherwise be disqualified from receiving their prize. Entrants must maintain the ability to assign all such rights to Sponsor free of any limitations, restrictions or third party obligations. Entrants agree that Sponsor shall have the sole discretion in determining the extent and manner of use of submissions and are not obligated to use any submission. Entrants agree that Sponsor, nor its agents, shall be responsible for return or preservation of the submissions submitted. All submissions that are submitted are available to be viewed by anyone with access to the Internet.
Each entrant acknowledges that other entrants may have created ideas and concepts contained in their submission that may have familiarities or similarities to his/her own submission, and that he/she will not be entitled to any compensation or right to negotiate with the Contest Entities because of these familiarities or similarities. Notwithstanding any custom and practice to pay an individual for an idea (if any), nothing herein shall create an implied or express contract to compensate entrants for their submissions and there is no obligation for any Contest Entity to pay or otherwise compensate entrants for any of their ideas or materials in any communications with Sponsor, whatsoever. The decisions of the Sponsor are final and binding in all matters relating to this Contest, including interpretation and application of these Official Rules. Each entrant, by participating in the Contest, except where legally prohibited, grants permission for Sponsor and its designees to use his/her name, address (city and state), photograph, voice and/or other likeness and prize information for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval. Sponsor reserves the right to request from entrant at any time proof that entrant maintains all necessary rights in their submission in order to grant Sponsor the rights required herein in a form acceptable to Sponsor. Failure to provide such proof may lead to, among other things, the entrant being disqualified from the Contest.
5. Representations, Warranties and Indemnity. Each entrant represents and warrants that he or she has read, understands and will follow the Official Rules. Entrants further represent and warrant that their submission and all materials and matter therein: (a) (except for elements that are within the public domain) are wholly original with such entrant and are not a copy or imitation of any other material; (b) will not infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity and the use thereof will result in no third party liability or obligations; and (c) is not the subject of any threatened or pending litigation, claim or dispute that might give rise to litigation, which adversely affects or in any way prejudices, impairs or diminishes the rights granted hereunder or the value thereof. Each entrant further represents and warrants that he or she has the right to agree to and fully perform consistent with these Official Rules and the consent of no third parties are required to grant the rights hereunder. Entrant further acknowledges and agrees that he/she has not previously granted, assigned or otherwise hypothecated his/her submission or any images, text and materials depicted therein to any other third party. Further, each entrant represents and warrants that Sponsor’s use of any submission and any images, text and materials depicted therein shall not violate an agreement to which such entrant has signed. Entrants agree to indemnify and hold the Released Parties (defined below) harmless from and against any third party claim, to the extent arising out of or relating to any breach of any representation, warranty or covenant made by such entrant in connection with his or her acceptance of these Official Rules or Contest activities.
6. Determining the Winners. After the conclusion of the Entry Period, each submission received for each Entry Period (Twitter and Instagram entries received during the same Entry Period will be combined) will be reviewed by a team of judges (“Judges”) assembled by Sponsor and Producer, who will review and judge all eligible submissions based on the following judging criteria (collectively, the “Judging Criteria”):
50%: Creativity; and
Based on the total score the Judges assign to each submission using the Judging Criteria, five (5) winning submissions for each Entry Period (a total of twenty (20) for the entire Contest) will be ultimately selected by the Judges and will be potential “Winners”, subject to confirmation that the potential Winners have met the eligibility requirements and complied with these Official Rules. If there is a tie after the Judges apply the Judging Criteria, Sponsor/Producer will bring in a tie breaking Judge to apply the same Judging Criteria to break the tie and determine the Winners.
7. Notification of Winners. The potential Winners will be notified as described below within a commercially reasonable time after the selection date set forth in the chart in Section 2 above. If a potential Winner originally posted their entry on Twitter, the potential Winner will be contacted using the direct message feature on Twitter for the user Twitter Account that posted the responsive update. If a potential Winner that entered on Twitter does not follow Sponsor’s designated Twitter account, then a potential Winner will have to set their potentially winning Twitter Account to follow Sponsor’s designated Twitter account (so that Sponsor will be able to send a private direct message via Twitter) within the time stated in the notice of the Sponsor’s submission of an @Reply to a potential Winner or else the Sponsor may disqualify such potential Winner’s entry. However, this is only for purposes of facilitating eligibility verification and prize fulfillment communication and may be discontinued following that process. It is your responsibility to timely set your Twitter Account settings to accept contacts by Sponsor and to timely check your Twitter Account for such messages. Sponsor is not responsible for any failure of delivery of notice attempting to use such methods. If a potential Winner originally submitted their entry on Instagram, he/she will be contacted by Sponsor through a comment on the potentially winning post and Sponsor will provide an e-mail address (or other contact information) where the potential Winner can make their prize claim. Notification is deemed to have occurred immediately upon sending of a private direct message to a potential Winner via Twitter or the posting of a comment on a potentially winning Instagram post (as applicable). The Sponsor is not responsible for failure of the potential Winner to contact Sponsor after being notified that they are the potential Winner. Sponsor will have complete discretion over interpretation of the Official Rules, of administration of the Contest, and of selection of the Winners. Decisions of the Sponsor as to the selection of the Winners will be final.
Each potential Winner may be required to submit an affidavit of eligibility / release of liability / prize acceptance agreement (collectively, the “Affidavit”) and return the Affidavit within the time period specified at notification before being eligible to receive his or her prize. If a potential prize Winner fails or refuses to sign and return such Affidavit within the time period required by Sponsor or if the prize or prize notification is returned as rejected, faulty, unclaimed or returned as undeliverable to such potential prize Winner, such potential prize Winner may be disqualified and an alternate may be selected. Non-compliance shall result in disqualification of the potential Winner and award of the prize to an alternate winner. Parents or legal guardians of any prize Winner under the age of majority in their state of residence (which is eighteen (18) in most states but is nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi) may be required to also sign the Affidavit in order for the prize Winner to be qualified to receive their prize. If the potential prize Winner is found to be ineligible, or if he or she has not complied with these Official Rules, or if the potential prize Winner cannot attend or participate in any portion of the prize, or declines a prize for any reason prior to award, such potential Winner may be disqualified and an alternate potential Winner may be selected. The Contest Entities are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential Winners, or if potential Winner is a minor, for late, lost, misdirected, or unsuccessful efforts of a potential Winner to provide signed parental or guardian consent.
8. Prizes and Value. Sponsor will be awarding each Winner one (1) prize consisting of a $100 gas station gift card. The total approximate retail value (“ARV”) of each prize is: $100.00. Each gift card will be subject to gift card issuer’s terms and conditions applicable thereto and any terms and conditions set forth on the gift card itself. Sponsor and Producer will chose the gas station gift card issuer in its sole and absolute discretion. To claim a prize, you will be required to provide your correct full-name, mailing address, telephone number and/or e-mail address so that Sponsor/Producer can coordinate mailing you your prize. Prizes will be mailed to Winners in a commercially reasonable time after the potential Winners have been selected and confirmed as eligible.
Prize is non-transferable, with no cash redemptions, equivalents or substitutions except at Sponsor’s sole and absolute discretion. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Prize details and availability are subject to change and prize provider’s rules and restrictions, and in the event that Sponsor is unable to provide a Winner with their prize, the Sponsor may elect, to provide Winners with the approximate value of such item in cash or award an alternate prize of comparable or greater value. All prize(s) are awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Prize Winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prize he/she receives, regardless of whether it, in whole or in part, is used. The ARV of the prize is based on available information provided to Sponsor and the value of any prize awarded to a Winner may be reported for tax purposes as required by law. Each Winner may be required to provide Sponsor with a valid social security number or tax identification number before the prize(s) will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of each Winner, or if a minor in the jurisdiction in which s/he resides, in the name of his/her parent or legal guardian, for the actual value of the prize(s) received. Unclaimed prize(s) will be forfeited. Prize(s), if legitimately claimed, will be awarded. Sponsor is not responsible for and will not replace any lost, mutilated or stolen prize(s). If a Winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligation with respect to that prize or portion of the prize. The total ARV of all of the prizes awarded in this Contest is: Two Thousand Dollars (U.S. $2,000.00).
9. Publicity Release. Subject to applicable law, each Winner irrevocably grants the Contest Entities and each of their licensees, and its and their successors, assigns and sub-licensees the right and permission to use his/her name, voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Contest, in all forms of media and by all manners (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice or consideration except for the awarding of the prize to the Winners. Entrants agree not to issue any publicity concerning the Contest Entities.
10. Tampering with Contest. The Contest Entities are not responsible for the actions of entrants in connection with the Contest, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Contest. Persons found tampering with or abusing any aspect of this Contest, or whom Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified. Additionally, any attempt to cheat the Contest, as determined at the sole and absolute discretion of Sponsor, may result in immediate disqualification of the entrant, as well as other possible consequences, including disqualification from any and all existing and future Contest. ANY ATTEMPT BY A PERSON TO DAMAGE ANY WEBSITE (INCLUDING THE TWITTER AND INSTAGRAM SERVICES) OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, at its sole and absolute discretion, to disqualify (or terminate the prize of) any individual who is found to be, or suspected of, acting in violation of these Official Rules, or to be acting in an unsportsmanlike, obscene, immoral or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person. If the Contest is terminated due to tampering or technical difficulties prior to its expiration date, notice will be posted on Twitter via a Sponsor response to entries received prior thereto and/or on any web site(s) where these Official Rules have been posted.
11. Suspension / Modification / Termination. In the event Sponsor is prevented from continuing with the Contest by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Contest by any party, or any federal state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence) Sponsor shall have the right to modify, suspend or terminate the Contest or prize. Sponsor additionally reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Contest should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Contest; or (b) to disqualify any entrant found to be, or suspected of: (i) tampering with the entry process or the operation of the Contest; (ii) acting in violation of these Official Rules; or (iii) acting in an un-sportsmanlike manner.
12. Waivers, Disclaimers and Releases. By participating in the Contest, entrants agree to release, discharge and hold harmless the Contest Entities, and each of their respective directors, officers, employees, agents, successors and assigns (collectively, the “Released Parties”) from and against any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to entrants’ participation in the Contest and/or related to any prize (including, without limitation, losses, damages or injuries to entrant’s or any other person’s equipment or other property, or to their persons, related to participation in the Contest; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Contest activity and/or prize). Without limiting the generality of the foregoing, entrants agree that the Released Parties: (A) have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Contest and/or with respect to prizes, including, without limitation, to any prize’s quality or fitness for a particular purpose; (B) maintain no control over the personnel, equipment or operation of any air, water or surface carrier, ship line, bus or limousine company, transportation company, hotel, manufacturer or other person or entity furnishing services, products or accommodations (“Suppliers”) as a part of the prizes provided in connection with the Contest; and (C) will not be responsible or liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to: (1) by the wrongful, negligent or unauthorized act or omission on the part of the Suppliers or any of their agents, servants, employees or independent contractors, (2) by any defect in or failure of any vehicle, equipment, instrumentality, service or product that is owned, operated, furnished or otherwise used by any of those Suppliers, (3) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Released Parties, and (4) by any cause, condition or event whatsoever beyond the control of the Released Parties. Entrants agree and that the Released Parties shall have no responsibility or liability for discontinued prizes; human error; incorrect or inaccurate transcription of registration and/or account information; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or Internet service provider utilized by Sponsor; interruption or inability to access the Twitter or Instagram services or Sponsor or affiliated entities’ respective websites, or any online service via the Internet due to hardware or software compatibility problems; any damage to participant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Contest; any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects; errors, typos or misprints in these Official Rules, in any Contest-related advertisements or other material; and/or any other errors or malfunctions, even if caused by the negligence of the Released Parties. Each entrant further agrees to indemnify and hold harmless Released Parties from and against any and all liability resulting or arising from the Contest and to release all rights to bring any claim, action or proceeding against the Released Parties and hereby acknowledge that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a prize, including express warranties provided exclusively by a Supplier that may be sent along with a prize. Sponsor is not responsible for the actions of entrants in connection with the Contest, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Contest. Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
13. Entry Information and Contest Communications. As a condition of entering the Contest, each entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Contest and to comply with applicable laws, regulations and rules. Any information entrants provide to Sponsor may be used to communicate with entrant in relation to this Contest or on a Contest Winner’s list.
14. Governing Law / Limitation of Liability. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Contest will be governed by and construed in accordance with the internal laws of the State of Colorado, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws.
BY ENTERING THE CONTEST, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
15. Dispute Resolution / Arbitration. PLEASE READ THIS PROVISION CAREFULLY. IT INCLUDES AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR PARTICIPATION IN THE CONTEST AND/OR THESE OFFICIAL RULES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THIS SECTION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS SECTION ALSO INCLUDES A JURY WAIVER.
There may be instances when you have a problem or dispute that needs special attention. In those instances, Sponsor and Producer are committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with Sponsor or Producer, you acknowledge and agree that you will first give Sponsor and Producer an opportunity to resolve your problem or dispute. This includes you first sending a written description of your problem or dispute to Toyota Motor Sales, USA, Inc, 19001 S. Western Ave., WC12, Torrance, CA 90509 (Attn: Legal Department). You then agree to negotiate with Sponsor and Producer in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after Sponsor’s receipt of your written description of it, you agree to the further dispute resolution provisions below.
You agree that the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of participation in the Contest and/or these Official Rules shall be final and binding arbitration, except to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate any of the Contest Entities’ or any third party patent, copyright, trademark, trade secret, privacy or publicity rights, in which case you acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought by the Contest Entities and/or the applicable third party(ies). You and we acknowledge that these Official Rules affect interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under these Official Rules (despite any other choice of law provision).
Arbitration under these Official Rules shall be conducted by JAMS. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures (pursuant to JAMS’ Streamlined Arbitration Rules and Procedures). Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees. In addition, for claims under $75,000 as to which you provided notice and negotiated in good faith with Sponsor as required above before initiating arbitration, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, Sponsor agrees not to seek an award of attorneys’’ fees in arbitration even if an award is otherwise available under applicable law. As a limited exception to the agreement to arbitrate, you and we agree that you may take claims to small claims court, if your claims qualify for hearing by such court.
To the fullest extent permitted by applicable law, NO ARBITRATION OR OTHER CLAIM UNDER THESE OFFICIAL RULES SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In the event that this CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction and not in arbitration.
WE BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND THE CONTEST ENTITIES BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN US.
In no event shall any claim, action or proceeding by you related in any way to the application or these Official Rules be instituted more than three (3) years after the cause of action arose.
16. List of Contest Winners/Official Rules Requests. To receive a list of the Winners, send a stamped self-addressed envelope, prior to June 1, 2013, to: Beyond Marketing Group, LLC, 17461 Derian Ave., Suite 106, Irvine, California 92614-5807. Please indicate which Contest Winners List you are requesting by identifying the name of the Contest in your request. For a copy of these Official Rules, send a legal-size, self-addressed, stamped envelope to: Beyond Marketing Group, LLC, 17461 Derian Ave., Suite 106, Irvine, California 92614-5807 prior to the end of the Entry Period and indicate which Contest Official Rules you are requesting by referring to the particular Contest name as noted above. Vermont residents may omit return postage with Official Rules requests.
17. Identification of Sponsor and Producer. This Contest is sponsored by Scion, a marquee of Toyota Motor Sales, U.S.A., Inc., 19001 South Western Avenue, Torrance, California 90509-2742 and produced by Beyond Marketing Group, LLC, 17461 Derian Ave., Suite #106, Irvine, California 92614-5807 (Attention: Scion Promotions). Reference to third parties in connection with prizes and/or third party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor, Producer or the Contest. Any questions, comments or complaints regarding the Contest should be directed to Beyond Marketing Group at the address above.
//End of Official Rules//