- NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
- ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED.
- VOID WHERE PROHIBITED BY LAW.
- AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED.
- SPONSOR OBTAINS RIGHTS FROM ENTRANTS TO POST AND USE ANY AND ALL CONTENT SUBMITTED AS PART OF THE SWEEPSTAKES.
- ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
- ENTRY VIA MOBILE PHONE THROUGH THE INSTAGRAM APP ONLY AND INSTAGRAM ACCOUNT AND INTERNET CONNECTION REQUIRED.
- THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM INC. (“INSTAGRAM”).
1. Eligibility. The Scion Racing Instagram Sweepstakes (the “Sweepstakes”) is open only to individuals who are legal residents and physically located in one (1) of the fifty (50) United States or the District of Columbia, who are at least eighteen (18) years of age at the time of entry. An eligible minor (the age of majority is eighteen (18) in most states but twenty-one (21) in Mississippi and nineteen (19) in Alabama and Nebraska) should obtain his/her parent’s or legal guardian’s permission prior to entering. Further, entrants must be a member of good standing of Instagram in order to participate in the Sweepstakes and win a Prize (defined below). Instagram is not a sponsor of this Sweepstakes and does not endorse or otherwise have anything to do with this Sweepstakes. Employees, officers and directors of Toyota Motor Sales, U.S.A., Inc. (“Sponsor”), Beyond Marketing Group, LLC (“Producer”) and each of their respective parents, affiliates, subsidiaries, advertising and promotion agencies, distributors and other Prize suppliers (collectively, the “Sweepstakes Entities”), and each of their immediate family members and/or those living in the same household (whether legally related or not) of each are not eligible to enter or win. For the purpose of this Sweepstakes, family members are defined as spouse, mother, father, in-law, grandmother, grandfather, brother, sister, children and grandchildren. Void where prohibited by law.
2. Sweepstakes Entry Period. The Sweepstakes begins on or about 10:00 a.m. Pacific Time (“PT”) on October 12, 2012 and all entries must be received no later than 10:00 p.m. PT on October 13, 2012 (the “Entry Period”). By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these “Official Rules” and the decisions of Sponsor and Producer, including the interpretation of these Official Rules, which will be final and binding in all respects.
Only one (1) entry per person for the entire Entry Period will be accepted. Subsequent attempts made by the same individual to submit multiple entries by using multiple Instagram Accounts or otherwise may disqualify entrant from the Sweepstakes. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means will disqualified. Entries that are incomplete, illegible, corrupted, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at Sponsor’s sole and absolute discretion. All entrants submitting materials as part of the Sweepstakes will be non-exclusively licensing (with the unlimited right to sublicense) to Sponsor and Producer the right to use such materials, and the images related thereto, for any purpose (including any and all commercial purposes) in any and all media with the right to modify the materials and make derivative works thereof. Entrants represent and warrant that the materials submitted 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. Illegible and/or incomplete entries and entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void.
NOTE ABOUT INSTAGRAM: Sweepstakes Entities are not responsible for any changes or unavailability of the Instagram service that may interfere with the Sweepstakes (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use Instagram for the Sweepstakes as set forth herein that are not acceptable to Sponsor) or ability of entrant to timely enter, receive notices or communicate with Sponsor via Instagram, in which case Sponsor, in its sole discretion, may terminate or modify the Sweepstakes. In the event of a dispute concerning who submitted an entry, the entry will be declared to have been made by the registered account holder of the e-mail address associated with the Instagram Account for the potentially winning entrant, but only if that person meets all other eligibility criteria or if that person is the approving parent or legal guardian of a minor participant who meets all of the eligibility criteria. A registered account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Potential winner may be required to provide Sponsor with proof that he/she is the registered account holder for the e-mail address associated with the Instagram Account for the potentially winning entry. If a dispute cannot be resolved to Sponsor’s and Producer’s satisfaction, the entry will be deemed ineligible. Any damage made to the Instagram service will be the responsibility of the registered account holder of the e-mail address for the Instagram Account submitted at the time of entry.
MOBILE DISCLOSURE: If you opt to use your wireless mobile device in connection with the Sweepstakes, depending on your phone’s capabilities, standard text messaging rates or data charges may apply according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers’ rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Sweepstakes.
4. Submission Content Guidelines. Submissions that do not meet the following “Content Guidelines” are subject to disqualification, at Sponsor’s sole and absolute discretion:
- Submissions must comply with the Official Rules and any Terms of Service posted Instagram and meet all specifications or requirements called for on the advertising and promotion of the Sweepstakes, and other advertising for the Sweepstakes.
- Except for materials that are in the public domain, each submission, in its entirety, must be a single work of original material created by the entrant and suitable for presentation in a public forum.
- Submissions must not have been submitted previously in any contest of any kind or exhibited or displayed publicly (i.e., disclosed beyond your immediate circle of friends and family) through any means previously.
- Except for materials in the public domain, submissions must include only materials created by the entrant and must not infringe on the intellectual property rights of any other person or entity. Sponsor does not permit the infringement of others’ rights and any use of materials not original to the entrant is grounds for disqualification from the Sweepstakes. Do not copy your favorite movie, book or photo or include materials, images, graphics or trademarks belonging to any third parties or incorporate the names, voices, likeness or personas of any party other than yourself unless you have obtained all rights necessary to permit you to use same in connection with your submission and grant the rights herein granted to Sponsor. Entries that contain brand names, trademarks or company logos are subject to disqualification.
- Submissions must not include material that: (a) is sexually explicit, indecent, obscene, violent, hateful, tortuous, defamatory, slanderous or libelous, (b) is derogatory or promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (c) invades the privacy or publicity rights of any person, living or deceased, (d) is unlawful, (e) is harmful to other users of the Instagrm app such as viruses, trojan horses or other technologies that could adversely impact the Sweepstakes, and/or (f) is disparaging to Sponsor or Producer or is inconsistent with the positive images and/or goodwill to which Sponsor and Producer wish to associate (at Sponsor’s sole and absolute discretion).
- Each submission should not reveal any personal information about another individual, including another person’s address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual.
- Entrant must have permission from any individuals that appear in their submission (e.g., family members, friends).
- No background artwork should appear in the submissions unless it is an original work of the entrant. Any artwork, murals, etc. that can be seen in submissions must be created solely by the entrant or entrant must be the sole owner of all copyright interests therein.
- Entrants must not submit a submission that if selected cannot be assigned to Sponsor as contemplated below.
5. Prizes and Values. There will be five (5) winners in this Sweepstakes. The winner will receive a “Prize” of: a Scion Racing/GReddy Racing official team jersey (size large) autographed by the driver Ken Gushi. The total approximate retail value (“ARV”) of the Prize is: Fifty Dollars (U.S. $50.00). To claim the Prize, you may be required to provide your correct full-name, mailing address, telephone number and/or e-mail address to Producer in response to Producer’s request. Sponsor nor Producer will replace a lost, stolen or destroyed Prize. Prize is non-transferable, with no cash redemptions, equivalents or substitutions except at Sponsor’s sole and absolute discretion. Prize details and availability are subject to change, and in the event that Sponsor is unable to provide the winner with his/her Prize, the Sponsor may elect, at the Sponsor’s sole and absolute discretion, to provide winner with the approximate value of such item in cash or award an alternate prize of comparable or greater value. All Prizes are awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). The celebrities mentioned as autographing the Prize will be subject to their availability and subject to change. If such individual(s) are unable to autograph the Prize for any reason, Sponsor will make commercially reasonable efforts to replace such individuals with another celebrity. No compensation will be paid in lieu of a cancelled autograph as this portion of the Prize has no cash value.
Winner will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the Prize they receive. The ARV of the Prize is based on available information provided to Sponsor and the value of any Prize awarded to a winner may be reported for tax purposes as required by law. The winner may be required to provide Sponsor with a valid social security number before the Prize will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of winner, or if a minor in the jurisdiction in which s/he resides, in the name of his/her parent or legal guardian, for the actual value of the Prize received. Unclaimed Prizes will be forfeited.
6. Selection of Winner. Five (5) potential winners will be selected through a random drawing on or about October 15, 2012 from all eligible entries received in accordance with these Official Rules. The potential winner will be notified by a Producer comment on the entry that the entrant is a potential winner and Producer will provide an e-mail address (or other contact information) where the potential winner can make a Prize claim. Neither the Sponsor nor the Producer is responsible for false, incorrect, changed, incomplete or illegible contact information or for failure of a potential winner to contact Producer after being selected as a winner. The potential winner (and his or her parents or legal guardians if under the age of majority) may be required to respond to Producer and/or submit an Affidavit of Eligibility / Release of Liability / Prize Acceptance Form (collectively, the “Affidavit”) within twenty-four (24) hours of attempted notification. If the Prize or Affidavit is returned to Sponsor as undeliverable, is lost, rejected or faulty or if Sponsor does not receive a response from any potential winner within twenty-four (24) hours of attempted notification, such potential winner may be disqualified and the Prize will be awarded to an alternate potential winner. Non-compliance may result in disqualification and award of the Prize to an alternate winner. If the potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a Prize for any reason prior to award, such potential winner may be disqualified and an alternate potential winner may be selected. If, for any reason, more bona fide winners come forward seeking to claim Prizes in excess of the number of each type of Prize set forth in these Official Rules, the winner(s), or remaining winner(s), as the case may be, of the advertised number of Prize(s) available may be selected in a random drawing from among all persons making purportedly valid claims for such Prizes. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances.
7. Odds. Odds of winning the Prize depend upon the total number of eligible entries received.
8. Publicity/Indemnity/Disclaimers//Termination. By accepting a Prize, to the fullest extent permitted by applicable law, the winner irrevocably grants to the Sweepstakes Entities and each of their licensees, and its and their successors, assigns and sub-licensees the right and permission to use their name, voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Sweepstakes, in all forms of media and by all manners (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice or consideration except for the awarding of the Prize to the winner. Entrants agree not to issue any publicity concerning the Sweepstakes Entities.
By entering and/or participating, entrant agrees to defend, indemnify and hold harmless the Sweepstakes Entities from and against any and all claims, demands, liability, damages or causes of action (however named or described) losses, costs or expenses, with respect to or arising out of or related to: (i) entrant’s participation in the Sweepstakes, (ii) entrant’s acceptance, use or misuse of a Prize (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)); and (iii) 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 Sweepstakes activities. Winner assumes all liability for any injury or damage caused, or claimed to be caused, by participation in this Sweepstakes or use or redemption of a Prize.
Sweepstakes Entities are not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, delayed, garbled or damaged entries; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing/reviewing of entries, the announcement of the prizes or in any Sweepstakes-related materials. The Sweepstakes Entities are also not responsible for any incorrect or inaccurate information, whether caused by Instagram users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes. The Sweepstakes Entities are not responsible for injury or damage to participants’ or to any other person’s computer or mobile device related to or resulting from participating in this Sweepstakes or downloading materials from or use of the Instagram application. Persons who tamper with or abuse any aspect of the Sweepstakes or the Instagram application or who are in violation of these Official Rules, as solely determined by Sponsor and/or Producer, will be disqualified and all associated entries will be void. Should any portion of the Sweepstakes be, in Sponsor’s or Producer’ sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor or Producer, corrupt or impair the administration, security, fairness or proper play, or submission of entries, or should the Sweepstakes be unable to run as planned for any other reason, Sponsor and Producer reserve the right, in their sole discretion to suspend, modify or terminate the Sweepstakes and, if terminated, at its discretion, select the potential winner from all eligible, non-suspect entries received prior to the action taken or as otherwise deemed fair and appropriate by Sponsor. The Sweepstakes Entities are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s e-mail account to receive e-mail messages. CAUTION: ANY ATTEMPT TO DAMAGE THE INSTAGRAM APPLICATION OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR AND/OR PRODUCER WILL DISQUALIFY ANY SUCH INDIVIDUAL AND RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
In the event Sponsor is prevented from continuing with the Sweepstakes 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 Sweepstakes 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 Sweepstakes or Prize. Sponsor additionally reserves the right, in its sole and absolute discretion: (1) to modify, suspend or terminate the Sweepstakes should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Sweepstakes; or (2) to disqualify any entrant found to be, or suspected of: (a) tampering with the entry process or the operation of the Sweepstakes; (b) acting in violation of these Official Rules; or (c) acting in an un-sportsmanlike manner
Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision; you further agree that in any cause of action, the Sweepstakes Entities’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Sweepstakes Entities be liable for attorneys’ fees and/or experts’ fees and costs.
9. Sweepstakes Communications. Any information entrants provide to Sponsor may be used to communicate with entrant in relation to this Sweepstakes or on a Sweepstakes winner’s list.
10. Governing Law/Jurisdiction/Limitation on Remedies. The Sweepstakes and these Official Rules are governed by and shall be construed in accordance with the substantive laws of the State of California (as distinguished from the choice of law rules) and the United States of America applicable to contracts made and performed entirely in California and where the relevant contacts are with such state. Except where prohibited, as a condition of participating in this Sweepstakes, each entrant agrees that any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, the Prize awarded, or the determination of the winner shall be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will an entrant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than entrant’s actual out-pocket expenses, and entrant further waives all rights to have damages multiplied or increased.
11. Dispute Resolution. EACH PERSON WHO PARTICIPATES IN THE SWEEPSTAKES 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 SWEEPSTAKES 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 California, 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 Sweepstakes. 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 Sweepstakes (or any web site connected therewith), exploitation of any advertising or other materials issued in connection therewith, or exploitation of this Sweepstakes (or any content or other materials used or displayed on the Web Site) or the entrant’s entry.
12. Name of Sweepstakes Winner/Official Rules Requests. To receive the name of the winner, send a stamped self-addressed envelope to: Scion Racing Instagram Sweepstakes Winners List, Beyond Marketing Group, LLC, 17461 Derian Ave., Suite 106, Irvine, California 92614-5807. Please indicate which Sweepstakes Winners List you are requesting by referring to the unique term identifying the sweepstakes listed above. For a copy of these Official Rules, send a legal-size, self-addressed, stamped envelope to: Scion Racing Instagram Sweepstakes Official Rules, Beyond Marketing Group, LLC, 17461 Derian Ave., Suite 106, Irvine, California 92614-5807 prior to the end of the Entry Period and indicate which Sweepstakes Official Rules you are requesting by referring to the particular Sweepstakes name as noted above. Vermont residents may omit return postage with Official Rules requests.
13. Sponsor and Producer. This Sweepstakes is sponsored by: Toyota Motor Sales, U.S.A., Inc., 19001 South Western Avenue, Torrance, California 90509-2742 and produced by: Beyond Marketing Group, LLC, 17461 Derian Ave., Suite 106, Irvine, California 92614-5807 (Attention: Scion Promotions).
//End of Official Rules//