Scion | Hypeman | Rules and Regulations

OFFICIAL RULES:

CONTEST IS OPEN TO BOTH MEN AND WOMEN.

VOID WHERE PROHIBITED BY LAW.

NO PURCHASE NECESSARY TO ENTER OR WIN.

A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED.

ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED AND THE SKILL OF EACH ENTRANT. THIS IS A SKILL-BASED CONTEST.

SPONSOR AND PRODUCER OBTAIN A NON-EXCLUSIVE LICENSE TO USE FOR ANY PURPOSE ANY AND ALL PERFORMANCES AS PART OF THE CONTEST AUDITIONS AND HAS THE FURTHER RIGHT TO OBTAIN AN ASSIGNMENT OF ALL RIGHTS TO WINNING PERFORMANCES FROM ENTRANTS.

EXCEPT AS PROVIDED HEREIN, ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION.

BY ENTERING THE COMPETITION YOU MUST AGREE TO THESE RULES, WHICH CREATE A CONTRACT SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, SUCH CONTRACT INCLUDES GRANTS OF RIGHTS AND INDEMNITIES TO SPONSOR AND PRODUCER FROM YOU AND MANDATORY ARBITRATION OF DISPUTES AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

DESCRIPTION OF PROMOTION:

The 2008 Scion "Hypeman" Contest ("Contest") is a contest to create an original Video (defined below), an original DVD (defined below) or an original CD (defined below) that features your best Hypeman performance that is up to thirty (30) minutes in length that strictly complies with the rules set forth in these Official Rules ("Contest Submission"). A Hypeman is a performer (female or male) responsible for backup singing (giving the lead vocalist time to catch his or her breath), as well as providing comic relief and increasing audience excitement and participation with call-and-response chants. Up to thirty (30) Contest Submissions will be selected by Sponsor and each individual submitting a selected Contest Submission will be invited to enter and compete in one (1) of three (3) Auditions (defined below). The three (3) auditions (each an "Audition") will take place in the following cities: (1) Los Angeles, at a date and location to be determined by Sponsor, (2) Atlanta, at a date and location to be determined by Sponsor, and (3) Chicago, at a date and location to be determined by Sponsor. The determination of which Audition an Entrant (defined below) will be selected to attend will be in Sponsor's (defined below) sole and absolute discretion. All Entrants invited to attend an Audition, if they reside more than two hundred (200) miles from the location of the Audition, will be entitled to receive one (1) round trip coach airfare ticket from the closest airport served by the carrier selected by Sponsor to the nearest airport served by such carrier to where the Audition is located, one (1) night of accommodations at a hotel to be determined in Sponsor's sole discretion (single occupancy, standard accommodations) and a Forty Dollar ($40.00) per diem for use on the day of the Audition.

At each Audition, the Entrants selected to attend will get the opportunity showcase their Hypeman talents. Entrants invited to attend an Audition when selected will receive further information regarding the types of competition that will occur at the Audition. For example, Entrants may be asked to compete against each other while working with other pre-selected DJs and other artists. Each Audition will be reviewed live by a panel of Judges (as well as recorded for later comparison and other exploitation) and the winning Entrant (as selected by the Judges in their sole and absolute discretion) at each Audition will be selected as a "Grand Prize Winner" and each Grand Prize Winner will receive a one (1) time cash "Grand Prize" of Two Thousand Dollars ($2,000.00) as well as electronic equipment and the opportunity to host (for no additional compensation) certain Scion Tour Events in 2009-2010 selected by Sponsor. One (1) Runner-up at each Audition will also win a one (1)-time Prize of electronic equipment, clothing and/or music (selected by Sponsor in its sole discretion) with an approximate retail value "ARV" of Two Hundred Fifty Dollars ($250.00). A description of Contest details, including important criteria for determining who gets invited to an Audition and how to the Grand Prize Winners will be determined can be found below.

Individuals entering the Contest must register for the Contest by creating and submitting an original Contest Submission along with a completed Entry Form before November 15th, 2008 ("Entry Deadline"). Individuals may enter their Contest Submission and Entry Form beginning at 12:01 A.M. Pacific Time ("PT") on July 31, 2008 and entries must be received no later than 6:00 P.M. PT on November 15th, 2008 ("Submission Period") unless otherwise extended by Sponsor.

All individuals who submit a Contest Submission (including a complete Entry Form) are considered "Entrants." All music materials, performances, ideas, concepts and communications submitted by Entrants as part of the Contest will be non-exclusively licensed (with the unlimited right to sublicense) to Beyond Marketing Group, LLC ("Producer") and Toyota Motor Sales U.S.A., Inc. ("Sponsor"). Producer and Sponsor may run multiple contests and promotions simultaneously. Entry in this Contest does not constitute entry into any other promotion, contest, sweepstakes or game. All Entrants must satisfy all of these Contest "Official Rules" in order to be eligible to win Prizes.

WHO MAY ENTER:

Only legal residents (male or female) of the fifty (50) United States and the District of Columbia, but specifically excluding residents of Vermont, who are eighteen (18) years of age or older, at the time of entry, are eligible to enter. Entrants may only enter the Contest as individuals and not as part of a group. Officers, directors and employees of the Producer and/or Sponsor and any vendor engaged by either to conduct the Contest, and each of Producer's and/or Sponsor's parents, subsidiaries, affiliates, and each of their immediate family members and those persons (whether or not related) living in the same household of each of them are ineligible to enter the Contest or win a Prize. BY PARTICIPATING IN THE CONTEST, EACH ENTRANT REPRESENTS AND WARRANTS THAT HE OR SHE MEETS THESE ELIGIBILITY REQUIREMENTS AND HAS READ, ACCEPTS AND WILL COMPLY WITH THESE OFFICIAL RULES AND EACH ENTRANT ACKNOWLEDGES ANY VIOLATION THEREOF MAY DISQUALIFY ENTRANT FROM THE CONTEST.

HOW TO ENTER:

THERE IS NO PURCHASE NECESSARY TO ENTER. NO ESTIMATED OR SUGGESTED COST OR RESOURCES SHOULD BE PUT INTO CREATING A CONTEST SUBMISSION. EXCESSIVE SPENDING BY ENTRANTS IN CONNECTION WITH CONTEST SUBMISSIONS IS DISCOURAGED. To enter the Contest, it is necessary to fill out and submit by mail during the Submission Period: (1) the entry form, which can be found on http://scion.com/hypeman ("Entry Form"); and (2) a valid Contest Submission (a Video, DVD or CD) containing Entrant's best Hypeman performance. When submitting by mail, Entrants may submit as their Contest Submission either a video that can be viewed on a standard VCR ("Video") or a dvd that can be viewed on a standard dvd player ("DVD") or a compact disc that can be listened to on a standard compact disc player ("CD") (regardless of what format you choose for your Contest Submission, it must contain an audio track) to the following address: Beyond Marketing Group, LLC, 17500 Red Hill Avenue, Suite 230, Irvine, California 92614 (Attention: Hypeman Contest Entry).

The DVD, Video or CD must contain a live performance by the Entrant, which should exemplify Entrant's skill as a Hypeman. A Hypeman (female or male) is a performer responsible for backup singing (giving the lead vocalist time to catch his or her breath), as well as providing comic relief and increasing audience excitement and participation with call-and-response chants. The Entrant should be the only person that appears in the Video. Contest Submissions must be at least one (1) minute in length but no longer than thirty (30) minutes in length. The Contest Submission must not have won any previous prize or award. Sponsor and Producer reserve the right to disqualify any Contest Submission, in its sole and absolute discretion, that either determines does not meet the above criteria.

The Entry Form must include the following information: the first and last name, e-mail address, date of birth, city of residence, state of residence, day time and evening phone numbers of the individual submitting the entry. Sponsor may reject any Entrant's Contest Submission that does not include the Entry Form completed in all respects. Mechanically reproduced, illegible, incomplete or forged entries may be rejected by Sponsor. To be eligible, Entrants must submit their Contest Submission and agree to the Official Rules by the Entry Deadline or be subject to disqualification. Individuals may submit only one (1) Contest Submission. Neither Producer nor Sponsor shall be responsible for lost, late, mutilated or misdirected mail or corrupted submissions. There will be no notification of receipt of Entry Forms or any other Contest-related materials. Assurance of delivery of the Contest Submission and Entry Form will be the sole responsibility of the Entrant. Entries and Contest Submissions become the physical property of Producer and will not be returned.

SELECTION OF PRIZE WINNERS:

Between November 16, 2008 and December 1, 2008 (unless otherwise provided by Sponsor) a team of judges with music industry experience ("Judges") assembled by the Producer, in its sole and absolute discretion, will review and judge all eligible Contest Submissions based on overall artistic merit of the work, in their sole discretion, using the following ranking criteria (as applied in the sole and absolute discretion of the Judges): 50% creativity; 50% originality. Judges will select up to thirty (30) individuals who submitted the best Contest Submissions for entry into an Audition. Entrants who are chosen to compete in an Audition will be notified on or about December 5, 2008 as to which Audition they have been invited to attend.

During the Auditions, the Judges will review and judge all eligible entries live based on the objective criteria listed above, and will make subjective determinations based thereon of the Prize Winners (defined below) in their sole and absolute discretion. Sponsor will notify Entrants before the Auditions of such criteria by posting the information either on http://www.scion.com/hypeman or sending the Entrants a letter regarding the same. The Judges will select a Grand Prize Winner and a "Runner-up" from each Audition based on the criteria they have set forth to win the Prizes as listed below.

All decisions by Judges, including interpretation of these Official Rules and related documents, are final. Those Entrants invited to attend an Audition and the Runner-up and Grand Prize Winner from each Audition will (subject to these Official Rules) receive "Prizes" and will be referred to as "Prize Winners."

ODDS:

ODDS OF WINNING WILL DEPEND ON THE NUMBER OF ENTRIES RECEIVED AND THE SKILL OF EACH ENTRANT.

PRIZES:

Up to thirty (30) Entrants who are chosen to attend an Audition will each be awarded the following Prizes:

One (1) round trip coach airfare ticket to attend the Audition (which will take place sometime in January or February 2009) from the closest airport served by the carrier selected by Sponsor to the nearest airport served by such carrier that services the location where the Audition is located, if Entrant resides more than two hundred (200) miles from such Audition location. (The ARV of the airline ticket is estimated to be Three Hundred Dollars ($300.00) but may differ depending on carrier and airports.)
One (1) night of accommodations the night of the Audition at a hotel at the location of the Audition to be determined, in Sponsor's sole discretion (single occupancy, standard accommodations), if Entrant resides more than two hundred (200) miles from the location of the Audition. Entrant will also receive necessary non-exclusive ground transportation to the hotel from the airport and back to the airport from the hotel. (The ARV of hotel accommodations and ground transportation is estimated to be Two Hundred Dollars ($200.00) but may differ depending on location of Audition.)
Forty Dollars ($40.00) per diem for use on the day of the Audition.

If an Entrant invited to an Audition receives travel and hotel accommodations, they must travel on the dates and airlines specified by the Sponsor and stay at hotels selected by the Sponsor. All other expenses associated with these events are the responsibility and liability of the Prize Winner. Although Sponsor will pay for the hotel room, in order to check into the hotel, Entrant may be required to have a valid credit card (issued in their name) with them at the time of check-in to put on file with hotel for any incidentals purchased by Entrant.

The Runner-up selected from each Audition will each be awarded the following Prize:

A Prize package including electronic equipment, clothing and/or music (selected by Sponsor in its sole discretion) the specifics of which are still to be determined in Producer's sole discretion, but will be announced on Sponsor's website www.scion.com/hypeman (the "Contest Website") (ARV of each Prize package is estimated at Two Hundred Fifty Dollars ($250.00).

The Grand Prize Winner selected from each Audition will be awarded the following Prizes:

Two Thousand Dollars ($2,000.00) in cash to be paid by the Sponsor.
A prize package of electronic equipment that includes the M-Audio Fast Track Ultra - High –speed USB 2.0 Interface, Pro Tools M-Powered software, M-Audio Q40 Studio Reference Headphones, Nova Studio Microphone, and Studio Backpack (ARV for item 3 of Grand Prize Winners' Prize is estimated to be up to One Thousand Dollars ($1,000)
The opportunity to participate, for no additional compensation, as a host at certain Scion "Tour Events" in select cities between February 2009 and January 1, 2010 selected by Sponsor in its sole and absolute discretion. The Sponsor will provide one (1) round-trip coach class air transportation from the closest airport served by the carrier selected by Sponsor to the nearest airport served by such carrier to where the Tour Event is located if a Grand Prize Winner resides more than two hundred (200) miles from the location of the Tour Event, standard double occupancy hotel accommodations (selected by Sponsor), necessary non-exclusive ground transportation (as the Sponsor determines necessary and appropriate), for each of the Tour Events a Grand Prize Winner is invited to host, at the locations, where the Tour Events will be conducted. Grand Prize Winners must travel on dates and airlines specified by the Sponsor and stay at hotels selected by the Producer. All other expenses associated with these Tour Events are the responsibility and liability of the Grand Prize Winners (ARV for item 2 of Grand Prize Winners' Prize is estimated to be up to Three Thousand Five Hundred Dollars ($3,500).

The total ARV for all Prizes awarded in the Contest is estimated to be up to Thirty Three Thousand Four Hundred Fifty Dollars ($36,450).

Except for the cash prize identified as item 1 for the Grand Prize Winners, the Sponsor will pay all monies directly to the participating vendors providing Prizes. All details not specified herein are at the sole and absolute discretion of the Producer and/or Sponsor. The Prizes may not be transferred or substituted, except with the written consent of the Producer and/or Sponsor, at their sole and absolute discretion. If the Grand Prize Winners elect to participate as a host in the Tour Events, at no time will the Grand Prize Winners be considered an employee of Sponsor or Producer.

In the event the Sponsor is unable to provide the Grand Prize Winners with the opportunity to participate at the Scion Tour Events, as determined by the Sponsor, in its sole and absolute discretion, the Sponsor may elect to provide the Grand Prize Winners with the ARV of such opportunity in cash (i.e., $3,500) or award alternate prizes of comparable or greater value, at the Sponsor's sole and absolute discretion.

All details not specified herein are at the sole and absolute discretion of the Producer and/or Sponsor. The Prizes may not be transferred or substituted, except with the written consent of the Producer and/or Sponsor, at their sole and absolute discretion. In the event that Sponsor is unable to provide Prize Winners with the Prizes they are entitled to receive, as determined by the Sponsor, in its sole and absolute discretion, the Sponsor may elect to provide the Prize Winners with the ARV of such items in cash or award alternate prizes of comparable or greater value, at the Sponsor's sole and absolute discretion. All travel arrangements must be made through the Sponsor or Sponsor's designee. Sponsor will not replace any lost or stolen tickets, travel vouchers or certificates. The awarding of airfare is subject to all carrier restrictions, requirements, rules, regulations, policies, service charges, taxes, black out dates, advance ticketing requirements and availability within the class of flight awarded on the date of flight; not transferable, redeemable for cash or credit or substitutable. Meals, gratuities, ground transportation, taxes, personal incidentals and all other expenses are the responsibility of the Prize Winners unless specifically provided for above as part of the Prize.

PRIZE WINNER NOTIFICATION, ELIGIBILITY AND PRIZE CLAIMING:

Entrants invited to attend an Audition will be notified by e-mail, registered mail, delivery service and/or telephone on or about December 5, 2008. Notification is deemed to have occurred immediately upon sending of an e-mail, placing of a phone call, one (1) day after sending via a delivery service or two (2) days after mailing. A potential Prize Winner who provides a P.O. Box may be required to provide an alternative address and this may cause a delay in notification and acceptance so use of a P.O. Box is discouraged. Sponsor and Producer will have no liability for any notification that is lost, intercepted or not received for any reason. All Entrants invited to attend an Audition, the Runner-ups and the Grand Prize Winners will be required to execute an affidavit of eligibility/release of liability/prize acceptance (the "Prize Acceptance Document") and return the Prize Acceptance Document before they are eligible to receive their Prize(s). If any potential Prize Winner fails or refuses to sign and return such Prize Acceptance Document within seven (7) days of the first (1st) notification attempt or if the Prize or Prize notification is returned as unclaimed or undeliverable to such potential Prize Winner, such Prize Winner (in Sponsor's sole discretion) may be disqualified and an alternate may (in Sponsor's sole discretion) be selected. Parents or legal guardians of Prize Winners 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 Prize Acceptance Document in order for the Prize Winner to be qualified for a Prize. All Prizes will be awarded except if it is not possible or practical to determine and qualify an alternate winner in a sufficient time frame such that the alternate winner is able to attend the event associated with the Prize and/or the tickets for the event, the airfare or hotel accommodations have expired or cannot be booked due to advance booking requirements, in which case then only the non-expired portion(s) of the Prize will be awarded (e.g., products). Travel companions may be required to sign a liability release prior to travel. Sponsor's obtaining a liability release from travel companions on Sponsor's request is a condition precedent to Prize Winner receiving his or her Prize. If any potential Prize Winner is found to be ineligible, or if he, she or they have not complied with these Official Rules, he, she or they may be disqualified and an alternate prize winner may be selected by Sponsor, in its sole discretion. Additionally, Prize Winners may be required to agree to a background check (which may include a review of driving records). The Producer reserves the right to disqualify any individual, if any individual has been charged or convicted of a crime or, in the sole and absolute discretion of the Producer, has engaged in past conduct that may reflect unfavorably on the Contest, the Producer or the Sponsor, including, without limitation, poor driving records. 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(s) they receive. The Sponsor and Producer shall not be responsible for awarding any unawarded Prizes, if the Prize Winner's behavior at any of the events and/or at any other time whatsoever causes the event producer to force the Prize Winner to leave such event, and/or if hotel or transportation vendors refuse service to the Prize Winner. Also, the Sponsor and Producer will not be responsible for awarding any unawarded portion of the Prize(s) to the Prize Winner if, the Prize Winner undertakes activities or communicates messages or images or engages in speech publicly or made known publicly that: (a) is sexually explicit, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; (b) are obscene or offensive, or may create public disrepute, contempt, scandal or ridicule; (c) defame or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any third party's or Sponsor's personal or intellectual property rights or contain disparaging remarks about other people or companies; (d) are inconsistent with the positive images and/or goodwill to which the Sponsor wishes to associate (which may be determined by the Sponsor, at its sole and absolute discretion); and/or (e) otherwise violate the terms of any of the agreements that the Prize Winner has agreed to comply with as an Entrant of this Contest.

INTELLECTUAL PROPERTY:

Entrants, upon submission of the Contest Submission, hereby irrevocably grant to Producer and Sponsor, and each of their licensees, successors and assigns, the non-exclusive, perpetual, royalty-free, no-cost license and right to use and otherwise exploit: (i) the Contest Submission for the sole purpose of judging the Contest; and (ii) their performance at the Audition (if Entrant is selected to attend), 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 limiting the forgoing, Sponsor and Producer will have the right to use any performance at an Audition (if Entrant is selected to attend), in any merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose. Such specific grant of rights to Sponsor and Producer will be included in the Prize Acceptance Document (and any other documents reasonably required by Sponsor or Producer) that Entrant is required to submit prior to Entrant receiving their Prize. Entrants also irrevocably grant Sponsor and Producer the right to use their name (except the name of Tennessee residents will not be used for purely promotional purposes without their consent), voice, likeness and biographical material in connection with the Contest and Contest Submission, including, without limitation, in credits (which said credit(s), if any, will be at Sponsor's and/or Producer's sole discretion), advertising, publicity and exploitational material. Entrants agree not to issue any publicity concerning Sponsor or Producer. Entrants agree that neither Sponsor, Producer nor its or their agents shall be responsible for return or preservation of the Contest Submission submitted. In addition, Entrants agree that Sponsor shall have the sole discretion in determining the extent and manner of the use of any performance given as part of the Contest Auditions, and that Sponsor is not obligated in any way to use or exploit same or anything else granted herein or any portion thereof in any medium or any manner. Notwithstanding that Sponsor and Producer are granted a non-exclusive license in Entrant's performance at the Audition (if Entrant is selected to attend), Entrants agree that if their performance is selected as the Grand Prize Winner, such performance will automatically be assigned to Sponsor and Producer. Entrants must maintain the ability to assign all such rights to Sponsor and Producer free of any limitations, restrictions or third party obligations.

PUBLICITY RELEASE:

Entry in the Contest constitutes irrevocable permission for Producer and Sponsor and its and their licensees, successors, assigns and sub-licensees to use Entrants' names (except that the name of Tennessee residents who do not so consent will not be used for purely publicity purposes), likeness and biography for use, in connection with the Contest, including for advertising and/or publicity purposes, worldwide, in perpetuity and 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), in perpetuity, without any obligation to Entrants.

REPRESENTATIONS, WARRANTIES AND INDEMNITY:

Each Entrant hereby represents and warrants that he or she has read, understands and will follow the Official Rules. Each Entrant further represents and warrants that he or she is a legal resident of the United States other than Vermont and U.S. territories and protectorates, but including the District of Columbia, and is eighteen (18) years of age or older. Entrants agree to defend, indemnify and hold Sponsor and Producer, their parents and each of their respective affiliates, subsidiaries, successors, assigns and licensees, harmless from and against any third party claim, to the extent 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. The Prize Acceptance Document will require any Prize Winner to agree to additional representations and warranties regarding intellectual property ownership and non-infringement and the agreement to these and other representations and warranties in the Prize Acceptance Document is a condition precedent to Prize Winner receiving his or her Prize.

WAIVERS, DISCLAIMERS AND RELEASES:

VOID WHERE PROHIBITED OR RESTRICTED BY LAW. By participating, Entrants agree to be bound by the Official Rules and the decisions of the Sponsor and Producer (including, without limitation, regarding qualification of Entrants and Prize Winners and interpretation of these Official Rules). Entrants agree that Sponsor, Producer and its and their parents, and each of their subsidiaries, affiliates, distributors, licensors, licensees, representatives, attorneys and advertising and promotion agencies, and each of their respective directors, officers, employees, agents, successors and assigns ("Released Parties") (A) will not be responsible or liable for any 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 Entrants' 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), and (B) 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; (C) 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, caterer, event venue, vendor, restaurant, 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 (D) 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, product or accommodation 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. The Released Parties assume no responsibility for any damage to an Entrant's computer system which is occasioned by accessing Contest Website or participating in the Contest, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Sponsor will have the authority to extend the Contest by posting notice thereof on the Contest Website. 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 agree to check the Contest Website prior to the end of the Contest for any changes, and to ensure that there is no need to re-enter. By participating in this Contest, Entrants hereby agree to irrevocably release and hold the Released Parties harmless from and against all losses, damages, liabilities, claims, actions, proceedings, or judgments arising out of or relating to Entrants' Contest Submission or participation in this Contest or in connection with (including any use or misuse) of any Prizes awarded hereunder. 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 FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS 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. Submission Forms are provided for the benefit of Sponsor and Sponsor makes no representations or warranties regarding the effectiveness and completeness of the forms or procedures required. Sponsor, Sponsor's legal counsel, Producer and Producer's legal counsel undertake no duties towards Entrants and do not represent them in any manner.

SUSPENSION / MODIFICATION / TERMINATION:

Sponsor reserves the right, in its sole discretion, to modify, change, add to, delete, suspend or terminate these Official Rules, the Contest and/or the Prizes for any reason whatsoever without giving notice to Entrants. Sponsor additionally reserves the right, in its sole discretion: (1) 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 (2) to disqualify any Entrant found to be, or suspected of: (a) tampering with the entry process or the operation of the Contest; (b) acting in violation of these Official Rules; or (c) acting in an un-sportsmanlike manner. All Entrants must check the Contest Website regularly to determine if there have been any changes made to the Official Rules, the Contest or the Prize(s). Persons found tampering with or abusing any aspect of this Contest, or whom Sponsor believes to be causing malfunction, error, disruption or damage, may, in Sponsor's sole discretion, be disqualified. In the event Producer and/or 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 the Producer and/or Sponsor's control (each a "Force Majeure" event or occurrence), Producer and/or Sponsor shall have the right to modify, suspend or terminate the Contest.

GOVERNING LAW / DISPUTES / 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 New York, 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. EACH PERSON WHO PARTICIPATES IN THE CONTEST IRREVOCABLY AGREES THAT SUCH DISPUTE(S) WILL BE RESOLVED SOLELY BY BINDING ARBITRATION BEFORE A SOLE ARBITRATOR, WITH EXPERIENCE IN ADVERTISING OR PROMOTION AND ENTERTAINMENT LAW, UNDER THE RULES AND REGULATIONS OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA"); PROVIDED, HOWEVER, THAT NOTWITHSTANDING THE PARTIES' DECISION TO RESOLVE ANY AND ALL DISPUTES ARISING UNDER THIS CONTEST THROUGH ARBITRATION, SPONSOR MAY (1) SEEK TO OBTAIN INJUNCTIVE RELIEF OR OTHER EQUITABLE RELIEF FROM A COURT TO ENFORCE THE PROVISIONS OF THESE OFFICIAL RULES; (2) BRING AN ACTION IN COURT TO PROTECT AND INTERPRET SPONSOR'S INTELLECTUAL PROPERTY RIGHTS; AND/OR (3) BRING AN ACTION TO ENFORCE THE DECISION OF THE ARBITRATOR BEFORE ANY COURT WITH APPLICABLE JURISDICTION. The arbitration will be held in New York, New York or Los Angeles, California (whichever location is closer to Entrant's home). The arbitrator will apply the substantive laws of the state of New York, will issue a written decision and will have the power to award any legal remedies except as limited by these Official Rules. The parties will split the arbitrator's fee; provided, however, if applicable law requires Sponsor to pay the arbitrator's fee in order for the arbitration provision to be enforceable, Sponsor shall have the discretion to elect to pay such fees and proceed to arbitration. Entrant irrevocably waives any right to bring or join in any class action regarding the Contest. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. This arbitration provision shall be deemed to be self-executing, and in the event that any party fails to appear to any properly noticed arbitration proceeding, an award may be entered against such party notwithstanding said failure to appear. In no event shall any Entrant seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the operation of this Contest (or any website connected therewith, including the Contest Website), exploitation of any advertising or other materials issued in connection therewith, or exploitation of this Contest (or any website or any content or other materials used or displayed on the website used in connection with the Contest, including the Contest Website) or the Entrant's Contest Submission. BY ENTERING THE CONTEST, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) 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; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) 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 TWO HUNDRED FIFTY DOLLARS ($250.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) 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. ENTRANT ACKNOWLEDGES AND AGREES THAT UNDER NO CIRCUMSTANCES WILL SPONSOR OR PRODUCER BE RESPONSIBLE FOR ANY COSTS, INJURIES, LOSSES OR DAMAGES OF ANY KIND ARISING FROM OR IN CONNECTION WITH: (1) INCOMPLETE, LOST, LATE, MISDIRECTED OR ILLEGIBLE COMMUNICATIONS OR FOR FAILURE TO RECEIVE COMMUNICATIONS DUE TO ANY CAUSE, INCLUDING, WITHOUT LIMITATION, HUMAN, TRANSMISSION OR TECHNICAL PROBLEMS, FAILURES OR MALFUNCTIONS OF ANY KIND, WHETHER ORIGINATING WITH SENDER, WITH SPONSOR OR OTHERWISE, OR (2) ANY INJURY OR DAMAGE RESULTING FROM PARTICIPATION IN THE CONTEST AND/OR THE USE OF ANY PRIZE (INCLUDING, WITHOUT LIMITATION, CLAIMS, COSTS, INJURIES, LOSSES AND DAMAGES RELATED TO PERSONAL INJURIES, DEATH, DAMAGES TO OR LOSS OF OR DESTRUCTION OF PROPERTY, OR ANY CLAIMS, COSTS, INJURIES, LOSSES, OR DAMAGES RELATED TO OR BASED ON ENTRANTS' RIGHTS OF PUBLICITY OR PRIVACY, OR ENTRANTS' CLAIM THAT HE OR SHE HAS SOMEHOW BEEN DEFAMED OR PORTRAYED IN A FALSE LIGHT).

MISCELLANEOUS:

The invalidity or unenforceability of any provision of these Official Rules, the Entry Form or the Prize Acceptance Document will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules, the Entry Form or the Prize Acceptance Document is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor's failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. All amendments to the Official Rules must be in writing and signed by the party to be charged except as posted by Producer or Sponsor on the Contest Website. These Official Rules represent the entire agreement about this subject matter. All prior agreements, understandings, representations and warranties between the parties hereto regarding the subject matter hereof merge into these Official Rules. In the event of any conflict between the Official Rules and the Prize Acceptance Document, the Prize Acceptance Document will govern.

WINNER'S LIST:

To receive a list of Prize Winners, send a stamped self addressed envelope before March 1, 2009 to: 2008 Scion Hypeman Contest Winner's List, 17500 Red Hill Avenue, Suite 230, Irvine, California 92614. A Winner's list will also be posted on the Contest Website for sixty (60) days after Prize Winners are selected.

IDENTIFICATION OF PRODUCER AND SPONSOR:

This Contest is produced by Beyond Marketing Group, LLC, 17500 Red Hill Avenue, Suite 230, Irvine, California 92614 and sponsored by Scion, a marque of Toyota Motor Sales, U.S.A., Inc., 19001 South Western Avenue, Torrance, California 90509.

Scion is a service mark of Toyota Motor Sales, U.S.A., Inc. These Official Rules and the Contest may include trademarks and service marks of the Sponsor, Producer and/or third parties. References to trademarks and/or names of parties producing prizes or related products or services are not an endorsement and are not intended to designate an association with Sponsor or Producer. All rights reserved.