2008 SCION "PLAYLIST" CONTEST
OFFICIAL RULES
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 OBTAINS A NON-EXCLUSIVE LICENSE TO USE ANY AND ALL MATERIALS SUBMITTED AS PART OF THE CONTEST AND HAS THE RIGHT TO OBTAIN AN ASSIGNMENT OF ALL RIGHTS TO WINNING CONTEST SUBMISSIONS 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 "Playlist" Contest ("Contest") is a contest were Entrants (defined below) create and submit on the Contest Website (defined below), to one (1) of the Scion DJ Hosted Radio Channels (such Channels can be viewed at http://scion.com/broadband), an original Playlist (defined below) that features between ten (10) and fifteen (15) songs and, which Playlist otherwise strictly complies with the rules set forth in these Official Rules ("Contest Submission"). For purposes of the Contest, a "Playlist" is a list of songs that includes the title of each song and the performing artist(s) of each song (i.e., the name of the singer or the group performing such song) arranged in a creative manner or format and that demonstrates an Entrant's knowledge of music.
Individuals entering the Contest must register for the Contest by creating and submitting an original Contest Submission along with affirming their agreement to these "Official Rules" by means of an electronic signature (clicking to accept) before 11:59 p.m. Pacific Time on September 15, 2008 ("Entry Deadline") unless extended by the Sponsor, in its sole and absolute discretion. Individuals may enter their Contest Submission, from May 23, 2008 and entries must be received no later than 11:59 p.m. Pacific Time on September 15, 2008 ("Submission Period") unless otherwise extended by Sponsor.
All individuals who submit a Contest Submission (including a complete Entry Form) are considered "Entrants." All materials, 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 Official Rules in order to be eligible to win Prizes.
Each Contest Submission will be reviewed by the Judges (defined below) between September 15, 2008 and October 14, 2008. The highest rated Contest Submission that is submitted to each Scion DJ Hosted Radio Channel (of which there are sixteen (16)) as determined by the Judges using the criteria set forth in these Official Rules, will be selected as Semi-Finalists (defined below) and will be entitled to receive the "Prize(s)" listed under the Prize Section of these Official Rules below. Entrants submitting the two (2) highest rated Contest Submissions selected from among the sixteen (16) Semi-Finalists will be designated as the Grand Prize Winners. Each Grand Prize Winner, if eligible, will be entitled to receive a Grand Prize as specifically described in the Prize Section of these Official Rules below. A description of Contest details, including important criteria for determining how the Semi-Finalists and Grand Prize Winners will be determined can be found below.
WHO MAY ENTER:
Only legal residents 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 Producer and 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 THAT ANY VIOLATION THEREOF MAY DISQUALIFY ENTRANT FROM THE CONTEST.
HOW TO ENTER:
THERE IS NO PURCHASE NECESSARY TO ENTER AND A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS IS A SKILL-BASED CONTEST.
To enter the Contest, it is necessary to create and upload on the "Contest Website" (http://scion.com/playlist) to one (1) of the sixteen (16) Scion DJ Hosted Radio Channels (such channels can be viewed at http://scion.com/broadband), a valid Contest Submission using the "Entry Form" provided on the Contest Website and to accept these Official Rules by contractually agreeing to them by clicking to accept where prompted at the time of submission. 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. There is a limit of one (1) Contest Submission that each Entrant can submit to a Scion DJ Hosted Radio Channel during the Submission Period; provided, however, Entrants may submit Contest Submissions to multiple Scion DJ Hosted Radio Channels. Neither Producer nor Sponsor shall be responsible for lost, late, misdirected or corrupted submissions.
Contest Submissions must include on the Entry Form a Playlist that contains at least ten (10) but no more than fifteen (15) songs (name of song and name of a performing artist(s) that performed that song), and such Contest Submission must strictly comply with the terms and conditions set forth in these Official Rules. Additionally, 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 and Producer reserve the right to disqualify any Contest Submission, which either of them, in their sole and absolute discretion, determines does not meet the above criteria. There will be no notification or receipt of disqualification of Contest Submissions. Assurance of delivery of the Contest Submission will be the sole responsibility of the Entrant. Contest Submission data becomes the physical property of Producer and will not be returned.
SELECTION OF PRIZE WINNERS:
Between September 15, 2008 and October 14, 2008 (unless otherwise provided by Sponsor) a team of judges with music industry experience (which may include the Scion Radio DJs) ("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, using the following judging criteria (as applied in this sole and absolute discretion of the Judges): (i) creativity, (ii) originality and (iii) overall knowledge of music. Judges, in their sole and absolute discretion, will select the most outstanding Contest Submission that was submitted to each Scion DJ Hosted Radio Station (of which there are sixteen (16)) and each such sixteen (16) individuals who submitted those Contest Submissions will be deemed "Semi-Finalists." Judges will than re-review and re-judge the sixteen (16) Semi-Finalists Contest Submissions and, in their sole and absolute discretion, will select the two (2) Contest Submissions that are the most outstanding, based on the same criteria, which will be deemed the "Grand Prize Winners". To be eligible to win a Prize, an Entrant must, if requested by Sponsor, sign and timely return the Prize Acceptance Document referred to below. All decisions by Judges, including interpretation of these Official Rules and related documents, are final. If not every Scion DJ Hosted Radio Station receives a Contest Submission, Sponsor and Producer reserve the right, in their sole and absolute discretion, to choose additional Semi-Finalists from the total pool of entries to the Contest.
ODDS:
ODDS OF WINNING WILL DEPEND ON THE NUMBER OF ENTRIES RECEIVED AND THE SKILL OF EACH ENTRANT. Many people may enter but only few will win.
PRIZES:
The sixteen (16) Semi-Finalist Winners of the Contest will each receive, if eligible:
A prize package that may include electronic equipment, clothing and/or music (selected by Sponsor and Producer in its sole discretion) the specifics of which are still to be determined in Sponsor and Producer's sole discretion, but will be announced on the Contest Website (Approximate Retail Value ("ARV") of each prize package is estimated at Two Hundred Fifty Dollars ($250.00) (an aggregate of Four Thousand Dollars ($4,000.00) for all sixteen (16) such prize packages)).
Each of the two (2) Grand Prize Winners of the Contest will receive, if eligible, the following "Grand Prize" (For purposes of clarity, there will be two (2) separate Grand Prizes, one (1) for each of the two (2) Grand Prize Winners.):
A party thrown in his or her honor in his or her hometown (the location where such Grand Prize Winner resides at the time of entry in the Contest). Each of the two (2) parties has an ARV of Ten Thousand Dollars ($10,000) (an aggregate of Twenty Thousand Dollars ($20,000) for both Grand Prizes). In connection with his or her party, each Grand Prize Winner will be able to submit to Sponsor a list of one hundred (100) proposed guests (which are eighteen (18) years of age or older) to be invited to attend. Sponsor reserves the right to decline to include on the invitation list to the party any proposed guest whose attendance Sponsor believes, in its sole discretion, might reflect unfavorably on the goodwill Sponsor wishes to associate with the Contest. All party guests will be required to pre-register on the Contest Website and agree to a release before they will be allowed to attend. Other than the one hundred (100) guests that the Grand Prize Winner can propose be invited, Sponsor and/or Producer will control all of the details of the party, including, but not limited to, the date, time, location talent and the ability to invite other guests. Without limiting the generality of the foregoing, Sponsor reserves the right to impose rules of conduct for those attending each party and to ban and/or eject anyone who does not follow those rules (as determined by Sponsor in its sole discretion).
The total ARV for all Prizes awarded in the Contest is estimated to be Twenty Four Thousand Dollars ($24,000.00).
All Entrants will also potentially (but not necessarily) have their Contest Submissions featured on the Contest Website or other website controlled or directed by Sponsor, or otherwise, as and when determined by Sponsor, in its sole and absolute discretion.
Prize details and availability are subject to change, in which case a prize of similar or greater value will be substituted, at Sponsor's sole discretion. Prizes are non-transferable, with no cash redemptions or substitutions except at Sponsor's sole discretion. The Semi-Finalists and Grand Prize Winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with their Prize. All details not specified herein are at the sole and absolute discretion of the Sponsor. In the event that Sponsor is unable, as determined by Sponsor, in its sole and absolute discretion, to provide a winner with the Prize he or she is otherwise entitled to receive, the Sponsor may elect to provide such winner 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.
PRIZE WINNER NOTIFICATION, ELIGIBILITY AND PRIZE CLAIMING:
The sixteen (16) Semi-Finalists of the Contest will be notified by e-mail and/or telephone and/or mail on or about October 15, 2008 and the two (2) Grand Prize Winners of the Contest will be notified by e-mail and/or telephone and/or mail on or about November 1, 2008. Notification is deemed to have occurred immediately upon sending of the electronic communication. Sponsor will have no liability for any notification that is lost, intercepted or not received for any reason. The winners of the Contest (each, a "Prize Winner") may (in Sponsor's sole discretion) be required to execute an affidavit of eligibility/release of liability/prize acceptance agreement (the "Prize Acceptance Document") and return the Prize Acceptance Document before being eligible to receive their Prize. If any potential Prize Winner fails or refuses to sign and return such Prize Acceptance Document within five (5) 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 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. If any potential Prize Winner is found to be ineligible, or if he or she has not complied with these Official Rules, he or she may be disqualified in Sponsor's sole discretion, and an alternate prize winner may then, in Sponsor's sole discretion, be selected; such alternate prize winner will be the next most highly ranked eligible Entrant. The Sponsor reserves the right to disqualify any individual who has been charged or convicted of a crime or who has engaged, or is suspected to have engaged, in past conduct that may reflect unfavorably on the Contest or the Sponsor, in each case, as determined by Sponsor, in its sole and absolute discretion.
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 the Contest Submission, 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. Sponsor and Producer, and each of their successors, assigns and licensees, will have the right to make unlimited derivative works therefrom, to assign or transfer any or all such rights and to grant unlimited, multiple-level sublicenses. Without limiting the forgoing, Sponsor and Producer will have the right to use the Contest Submissions, 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 Contest Submissions. 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 the Contest Submission, and all images, text and materials depicted therein, in whole or in part, 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 Contest Submission, Entrants agree that if they are selected as a Semi-Finalist or a Grand Prize Winner, their Contest Submission, and any rights therein, will automatically be assigned to Sponsor and Entrants may be required to confirm such assignment by completing and submitting the Prize Acceptance Document (and any other documents reasonably required by Sponsor or Producer) and deliver such documents to Sponsor or Producer prior to December 15, 2008. Entrants must maintain the ability to assign all such rights to Sponsor free of any limitations, restrictions or third party obligations.
PUBLICITY RELEASE:
Entry in the Contest constitutes irrevocable permission for Sponsor and its 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, 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. Entrants further represent and warrant that the Contest Submission and all materials and matter therein: (1) are wholly original with such Entrant and are not a copy or imitation of any other material; (2) 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 (3) 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 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. 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. 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.
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.
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 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.
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 (which ever 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), 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) 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 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 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 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.
WINNER'S LIST:
To receive a list of Prize Winners, send a stamped self addressed envelope before February 1, 2009 to: 2008 Scion "Playlist" Contest Winner's List, 17500 Red Hill Avenue, Suite 230, Irvine California 92614. A Prize 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.
PRIVACY POLICY AND TERMS OF USE:
If you submit a Contest Submission, Sponsor and Producer and their Suppliers, will have access to your personal information. Entrants' personal information submitted as part of the Contest Submission will only be used for Contest purposes unless you otherwise specifically opt-in to any such other use on the Contest Website. Such opt-in consent is not required and will not increase your chances of winning. By entering the Contest, you accept Sponsor's Privacy Policy and Terms of Use except as specifically provided in this paragraph. In the event of any conflict between the Official Rules and the Prize Acceptance Document, the Prize Acceptance Document will govern.
///END OFFICIAL RULES///
© 2008, Beyond Marketing Group, LLC
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.