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2008 SCION "VOCALIST" 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 IN CONNECTION WITH THE CONTEST.
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 "Vocalist" Contest ("Contest") is a contest where Entrants (defined below) create and submit an original demo of up to two (2) songs (via DVD, CD or Cassette Tape) via mail that features your best vocal performance and that otherwise strictly complies with the rules set forth in these Official Rules. Up to thirty (30)Contest Submissions will be selected by Sponsor (defined below) and each individual submitting a selected Contest Submission will be a Semi-Finalist (defined below) and 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) New York at a date and location to be determined by Sponsor, (2) Miami, at a date and location to be determined by Sponsor, and (3) Los Angeles, 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 an opportunity to showcase their vocal 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 (and may be recorded for use by Producer and/or Sponsor in connection with the Contest) 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 the "Grand Prize" listed under the Prize Section of these Official Rules below. Additionally, one (1) individual who performs second best at each Audition will be selected as a "Runner-up" and will win a Prize (defined below) that is listed under 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.
Individuals entering the Contest must register for the Contest by creating and submitting an original Contest Submission (via DVD, CD or Cassette Tape) along with a completed Entry Form (defined below) via mail to Beyond Marketing Group, LLC, 17500 Red Hill Avenue, Suite 230, Irvine, California 92614 (Attention: 2008 Scion Vocalist Contest Entry) before 11:59 p.m. Pacific Time on December 15, 2008 ("Entry Deadline") unless extended by the Sponsor, in its sole and absolute discretion. Individuals may enter their Contest Submission, beginning September 16, 2008 and entries must be received no later than 11:59 p.m. Pacific Time on December 15, 2008 ("Submission Period") unless otherwise extended by Sponsor.
All individuals who submit a Contest Submission and complete Entry Form are considered "Entrants." 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.
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 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.
Individuals may not participate in this Contest if any individual is under contract with (i) any major record company, which is defined as a record company that distributes through Walt Disney, EMI, Universal Music, BMG, Time Warner or Sony, (ii) any major publishing company, which is defined as a company that is majority-owned by Walt Disney, Viacom, Warner Chappell, BMI, Sony/ATV, Universal Music or BMG, or (iii) any party which might interfere with that individual's or group's ability to perform for Producer and/or Sponsor, or to enter into agreements with the Producer and/or Sponsor as described herein, as determined by the Producer, in its sole and absolute discretion.
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. 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. THIS IS A SKILL-BASED CONTEST.
To enter the Contest, it is necessary to fill out and submit by mail: (1) the entry form, which can be found on http://scion.com/vocalist ("Entry Form"); and (2) a valid Contest Submission (a DVD, CD or Tape) containing your best vocal performance. When submitting, Entrants may submit as their Contest Submission (either a dvd that can be viewed and listened to on a standard dvd player ("DVD"), a cd that can be listened to on a standard cd player ("CD") or a cassette tape that can be listened to on a standard tape player ("Tape")) to the following address: Beyond Marketing Group, 17500 Red Hill Avenue, Suite 230, Irvine, California 92614 (Attention: 2008 Scion Vocalist Contest Entry). An Entrant must be an individual and not part of a group.
The DVD or CD or Tape submitted as part of the Contest must contain an original performance by the Entrant, which should best exemplify Entrant's vocal skills. Each vocal performance on the Contest Submission must be at least one hundred fifteen (115) beats per minute (bpm). The Entrant should be the only person whose vocals appear on or in the Contest Submission. Contest Submissions must contain no more than two (2) songs that feature the Entrant's vocal performance. Producer reserves the right to disqualify any DVD or CD or Tape, in its sole and absolute discretion, that it determines does not meet the above criteria.
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 December 16, 2008 and January 14, 2009 (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: 50% based on creativity/originality and 50% based on pitch/tone/clarity. 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 deemed "Semi-Finalists" and notified on or about January 15, 2008 as to which Audition they have been invited to attend. 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.
During the Auditions, the Judges will review and judge all eligible entries live based on the objective criteria listed above, and will make 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 the http://scion.com/vocalist (the "Contest Website") 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. Semi-Finalists, the Runner-up and the 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. Many people may enter but only few will win.
PRIZES:
Up to thirty (30) Semi-Finalists (Entrants who are chosen to attend an Audition) will each be awarded the following Prizes:
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.
One (1) Runner-up at each Audition will each win the following Prize:
a one (1)-time prize package that may include electronic equipment, gift certificate(s), 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 (ARV of each prize package is estimated at Two Hundred Fifty Dollars ($250.00).
One (1) Grand Prize Winner at each Audition will each receive the following Prize:
The total ARV for all Prizes awarded in the Contest is estimated to be Twenty Seven Thousand Five Hundred Seventy Dollars ($27,570.00). Each Grand Prize Winner must be willing to enter into Sponsor's standard engagement agreement for such services on the terms presented (which will vest all rights with Producer and/or Sponsor) or such Grand Prize Winner will otherwise be disqualified from the Contest.
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 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. 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:
The thirty (30) Semi-Finalists of the Contest will be notified by e-mail and/or telephone and/or mail on or about January 15, 2009. 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. The winners of the Contest 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(s). 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. 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 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: (i) the Contest Submission for the sole purpose of judging the Contest (the "Purpose"); and (ii) their performance at the Audition (if Entrant is selected as a Semi-Finalist), in whole or in part, for the Purpose. 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, if selected as a Grand Prize Winner, may be required to execute Sponsor's standard engagement agreement for the services in connection with the Contest and Grand Prize on the terms presented (which will vest all rights with Producer and/or Sponsor) or such Entrant will otherwise be disqualified from receiving any Prize.
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) do not include vocals except for vocals that are wholly original with such Entrant; (2) in connection with the Purpose, 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 the 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 and/or Producer 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 and/or Producer's control (each a "Force Majeure" event or occurrence), Sponsor and/or Producer shall have the right to modify, suspend or terminate the Contest.
The Entry Form is 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.
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, 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 are superceded by these Official Rules.
WINNER'S LIST:
To receive a list of Prize Winners, send a stamped self addressed envelope before July 1, 2009 to: 2008 Scion "Vocalist" 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 ("Producer"), 17500 Red Hill Avenue, Suite 230, Irvine, California 92614 and sponsored by Scion, a marque of Toyota Motor Sales, U.S.A., Inc. ("Sponsor"), 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 a 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.
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© 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.
