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SCION RALLY 2007 CONTEST
OFFICIAL CONTEST RULES
NO PURCHASE NECESSARY TO ENTER OR WIN.
A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
PRIZE ACCEPTANCE AGREEMENT REQUIRED.
ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ELIGIBLE PLAYERS WHO PARTICIPATE AND THE SKILL OF EACH PARTICIPANT.
VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
DESCRIPTION OF PROMOTION:
The Scion Rally 2007 Contest ("Contest") is video game challenge sponsored by Toyota Motor Sales, U.S.A., Inc. ("Sponsor") whereby at select Hot Import Night Events and select Night Shift Events (each a "Regional Event"), throughout the United States, individuals can enter by playing a select racing video game from approximately 5:00 P.M.-11:00 P.M. at the Scion promotional booth ("Contest Entry") unless extended by Sponsor. There will be four (4) racing units at each Scion promotional booth and contestants will race against each other in a head-to-head-format. At approximately 11:00 P.M. on the night of each Regional Event, three (3) Participants will be selected as the first (1st) place, second (2nd) place and third (3rd) place Winners ("Regional Event Winners") based on the lowest times that he or she received while playing the video game and the Winners will be entitled to receive the "Prizes" described below. The Participant submitting the lowest overall time from all ten (10) Regional Events will be the "Grand Prize Winner" and will win the "Grand Prize" of an entry pass to the three (3) day "Techniques of Racing" course at the Jim Russell ESPN Racing School located in Sonoma, California, subject to the school's rules and regulations regarding entrance into the course. A description of Contest details, including important dates and criteria for determining Winners can be found below. Additional information regarding the Scion Rally 2007 Contest and the listing of Regional Events can be found on www.scion.com/rally.
The Contest consists of three parts: Contest Entry by Participants, selection and notification of Regional Event Winners and the Grand Prize Winner and the awarding of prizes. All Participant's Contest Entries must satisfy all of these "Official Contest Rules" in order to be eligible to win Prizes.
The Beyond Marketing Group, LLC ("Producer") and/or Sponsor may run multiple promotions simultaneously. Entry in this Contest does not constitute entry into any other promotion, contest, sweepstakes or game. Please review the separate Official "Sweepstakes" Rules for the rules governing a separate Sweepstakes that is also available in connection with this promotion.
Participants may only enter the Contest at select Regional Events, throughout the United States by playing a select racing video game from approximately 5:00 P.M.-11:00 P.M. at the Scion promotional booth during the Regional Event. The Regional Event Winners will be announced shortly after approximately 11:00 P.M. at the Scion booth at the Regional Event and the Grand Prize Winner will be announced on or about October 15, 2007.
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.
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 (including, without limitation, those persons living in the same household of each) are ineligible to enter the Contest or win a Prize.
To be eligible to participate in the Contest, all Participants must: (1) attend a Regional Event at the places listed on www.scion.com/rally; (2) visit the Scion promotional booth at the Regional Event during the times specified above; (3) fill out and submit an entry form ("Entry Form"); and (4) play the video game and obtain a qualifying score (i.e., finish the video game race). Additional eligibility requirements are set forth elsewhere in these Official Contest Rules.
BY PARTICIPATING IN THE CONTEST, EACH PARTICIPANT REPRESENTS AND WARRANTS THAT HE OR SHE MEETS THESE ELIGIBILITY REQUIREMENTS AND HAS READ, ACCEPTS AND WILL COMPLY WITH THESE OFFICIAL CONTEST RULES AND ANY VIOLATION THEREOF MAY DISQUALIFY PARTICIPANT FROM THE CONTEST.
HOW TO ENTER:
THERE IS NO PURCHASE NECESSARY TO ENTER.
To enter the Contest it is necessary to attend a Regional Event at the places listed on www.scion.com/rally, visit the Scion promotional booth, fill out and submit an Entry Form and play the video game and obtain a qualifying score (i.e., finish the video game race).
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 (the "Submitter"). All individuals who submit an entry to the Contest are considered "Participants". Mechanically reproduced, illegible, incomplete or forged entries may be rejected by Sponsor. To be eligible, Participants must submit their Entry Form and agree to the Official Contest Rules before playing the video game or be subject to disqualification.
There is a limit of one (1) entry per participant. Assurance of delivery of the Entry Form will be the sole responsibility of the Participant. The Entry Forms become the physical property of the Sponsor and will not be returned. If Participant plays the video game multiple times, only their first (1st) entry will be considered for the awarding of Prizes and all subsequent entries will be disqualified.
SELECTION OF WINNERS:
At each Regional Event, three (3) Participants will be selected as the first (1st) place, second (2nd) place and third (3rd) place Regional Event Winners based on the lowest times that he or she receives while playing the video game. The Participant submitting the lowest overall time from all ten (10) Regional Events will be declared the Grand Prize Winner. If two (2) Participants receive the exact same overall time, the Participant with the highest overall point score will be named the applicable Winner. Any additional tie breakers necessary to award Prizes will be within Sponsor's and Producer's sole and absolute discretion. Decisions of Sponsor and/or Producer as to the administration of the Contest, interpretation of the Official Contest Rules and the selection of the Winners will be final. Regional Event Winners and the Grand Prize Winner will be referred to as "Winners."
ODDS:
ODDS OF WINNING WILL DEPEND ON THE NUMBER OF ELIGIBLE PLAYERS WHO PARTICIPANT AND THE SKILL OF EACH PARTICIPANT. Many people may enter but few will win.
PRIZES:
Regional Event Winners will be awarded the following Prizes:
First (1st) Place Prize Package includes:
One (1) round trip coach airfare ticket to Las Vegas to attend SEMA (the premier automotive specialty products trade event in the world) in Las Vegas, NV ("SEMA Event"), on or around October 31, 2007 from the major commercial airport nearest Winner's home via a major carrier that services Las Vegas, if Winner resides more than Two Hundred (200) miles from Las Vegas
Two (2) nights of accommodations at a hotel in Las Vegas to be determined in Sponsor's sole discretion (single occupancy, standard accommodations)
One (1) VIP ticket to the official Scion party at the SEMA Event
One (1) gift certificate towards a set of Yokohama Tires
One (1) prize package courtesy of XM Satellite Radio
One (1) prize package courtesy of Pioneer Electronics
Two (2) VIP passes for the 2007 Hot Import Nights Events (Winner must select one (1) event that he/she would like to receive VIP passes for)
One (1) Scion jersey
One (1) pass for the SEMA Event
The approximate retail value ("ARV") of the First (1st) Place Prize Package is Three Thousand Five Hundred Dollars ($3,500.00).
The Second (2nd) Place Prize includes:
One (1) Scion tee-shirt
The ARV of the Second (2nd) Place Prize is Twenty Dollars ($20.00).
The Third (3rd) Place Prize includes:
One (1) Scion hat
The ARV of the Third (3rd) Place Prize is Ten Dollars ($10.00).
The Grand Prize Winner will be awarded the following additional Prizes:
One (1) entry into the three (3) day "Techniques of Racing" course at the Jim Russell ESPN Racing School located in Sonoma, California, subject to the school's rules and regulations regarding entrance into the course
One (1) round trip coach airfare ticket to the Racing School from the major commercial airport nearest Winner's home via a major carrier that services San Francisco, if Winner resides more than Two Hundred (200) miles from the school
Two (2) nights of accommodations at a hotel near the school to be determined in Sponsor's sole discretion (single occupancy, standard accommodations)
Transportation to and from the school and the airport
The ARV of the Grand Prize is Five Thousand Dollars ($5,000.00).
The ARV of all Prizes awarded is Forty Thousand Three Hundred Dollars ($40,300.00).
All details not specified herein are at the sole and absolute discretion of the Producer and/or Sponsor. The Prize(s) may not be transferred or substituted, except with the written consent of the Producer and/or Sponsor, at their 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 Winners unless specifically provided for above as part of the Prize.
In the event the Sponsor is unable to provide 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 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. If, for whatever reason, the SEMA Event is cancelled after the Prize is ticketed, or cancelled during the trip prior to the SEMA Event, Sponsor's and Producer's liability for the Prize is limited only to the travel portion of the Prize. No compensation will be paid in lieu of the cancelled SEMA Event.
WINNER NOTIFICATION, ELIGIBILITY AND PRIZE CLAIMING:
Potential Regional Event Winners will be notified in person, if they remain at the Regional Event until it is over or otherwise they will be notified by e-mail, registered mail, delivery service and/or telephone within approximately one (1) week of the Regional Event the Participant attended. 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 Winner who provides a P.O. Box may be required to provide an alternative address and this may 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. The First (1st) Place Regional Event Winner at each Regional Event 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 a Prize and be entered into the Grand Prize Contest. If the First (1st) Place Regional Event 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 Winner, the First (1st) Place Regional Event Winner (in Sponsor's sole discretion) may be disqualified and an alternate may (in Sponsor's sole discretion) be selected. 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). Parents or legal guardians of 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 Winner to be qualified for a Prize. 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 Winner receiving his or her Prize. If any potential Winner is found to be ineligible, or if he, she or they have not complied with these Official Contest Rules, he, she or they may be disqualified and an alternate prize winner may be selected by Sponsor, in its sole discretion. Additionally, Winners must 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. 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 Winner's behavior at any of the Regional Events, the SEMA Event and/or at any other time whatsoever causes the event producer to force the Winner to leave such Regional Event, the SEMA Event and/or if hotel or transportation vendors refuse service to the Winner. Also, the Sponsor and Producer will not be responsible for awarding any unawarded portion of the Prize to the Winner if, the 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) is 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) is 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 Winner has agreed to comply with as a Participant of this Contest.
PUBLICITY RELEASE:
Entry in the Contest constitutes irrevocable permission for Producer and Sponsor, its and their licensees, successors, assigns and sub-licensees (collectively, "Licensee") to use Participant's name (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 Participant except for the awarding of Prize(s).
ADDITIONAL TERMS AND CONDITIONS:
VOID WHERE PROHIBITED OR RESTRICTED BY LAW. By participating, Participants agree to be bound by the Official Contest Rules and the decision of the Sponsor and Producer (including, without limitation, regarding qualification of Participants and winners and interpretation of these Official Contest Rules). Participants agree that Sponsor and its parents, each of its subsidiaries, affiliates, distributors, licensors, licensees, representatives, attorneys and advertising and promotion agencies (including Producer), 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 Participants participation in the Contest (including, without limitation, losses, damages or injuries to Participants' 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, restaurant or other person or entity furnishing services, products or accommodations ("Vendors") as a part of the Prize 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 Vendors 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 Vendors, (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 a Participant's computer system which is occasioned by accessing Contest-related websites 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 Participants in connection with the Contest, including Participants' attempts to circumvent the Official Contest Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Contest. Participants 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, Participants 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 Participant's entry or participation in this Contest or use or misuse of any Prizes awarded hereunder. 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 Contest Rules, the Contest, the Prize or the Winner(s) for any reason whatsoever without giving notice to Participants. 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 Participant 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 Contest Rules; or (c) acting in an un-sportsmanlike manner. All Participants must check Sponsor's website regularly to determine if there have been any changes made to the Official Contest Rules, the Contest or the Prize(s). Persons found tampering with or abusing any aspect of this Contest, or whom Contest believes to be causing malfunction, error, disruption or damage will 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) 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 / JURISDICTION / LIMITATION OF LIABILITY:
ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL CONTEST RULES OR THE RIGHTS AND OBLIGATIONS OF PARTICIPANTS', 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 CONTEST RULES; (2) BRING AN ACTION IN COURT TO PROTECT OR INTERPRET SPONSOR'S INTELLECTUAL PROPERTY RIGHTS; AND/OR (3) BRING AN ACTION TO ENFORCE THE DECISION OF THE ARBITRATOR BEFORE ANY COURT WITHIN THE APPLICABLE JURISDICTION. THE ARBITRATION WILL BE HELD IN LOS ANGELES, CALIFORNIA. 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 CONTEST RULES. THE PARTIES WILL SPLIT THE ARBITRATOR'S FEE. PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO BRING OR JOIN IN ANY CLASS ACTION REGARDING THE CONTEST.
BY ENTERING THE CONTEST, PARTICIPANT AGREES THAT: (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 PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT 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) PARTICIPANTS' REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. PARTICIPANT 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 ENTRIES OR FOR FAILURE TO RECEIVE ENTRIES 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, THAT MAY LIMIT PARTICIPANTS' ABILITY TO PARTICIPATE IN THE CONTEST; (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 PARTICIPANTS' RIGHTS OF PUBLICITY OR PRIVACY, OR PARTICIPANT'S CLAIM THAT HE OR SHE HAS SOMEHOW BEEN DEFAMED OR PORTRAYED IN A FALSE LIGHT).
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 PARTICIPANT 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 MATERIAL USED OR DISPLAYED ON THE WEBSITE USED IN CONNECTION WITH THE CONTEST).
MISCELLANEOUS:
The invalidity or unenforceability of any provision of these Official Contest 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 Contest 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 Contest 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.
WINNER'S LIST:
To receive a list of Winners, send a stamped self addressed envelope (return postage not necessary for Vermont residents) before November 25th, 2007 to: Scion Rally 2007 Winner's List, 15285 Alton Parkway, Suite 100, Irvine, CA 92618. A Winner's list will also be posted on the Contest website for sixty (60) days after Winners are selected.
IDENTIFICATION OF PRODUCER AND SPONSOR:
This Contest is produced by the Beyond Marketing Group, LLC, 15285 Alton Parkway, Suite 100, Irvine, CA 92618 and sponsored by Scion, a marque of Toyota Motor Sales, U.S.A., Inc., 19001 South Western Avenue, Torrance, California 90509.
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