Saint Vitus 35th Anniversary Tour Twitter Sweepstakes Official Rules

Saint Vitus 35th Anniversary Tour 2014 presented by Scion AV

Scion Saint Vitus Tour 2014 Twitter Sweepstakes


Official Rules







1.  Eligibility.  The Scion AV Saint Vitus tour Twitter Sweepstakes (the “Sweepstakes”) is open only to legal residents who are 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 or older at the time of entry.  NOTE: Sponsor (defined below) may not receive entries from Twitter users with “protected” updates (i.e., user has set their account so that only people the user has approved can view their updates) due to the way Twitter operates its service.  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 Twitter ( (the “Web Site”) in order to participate in the Sweepstakes and win a Prize (defined below).  Twitter, Inc. 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 consists of Fourteen (14) separate Entry Periods (and drawings) that are tied to each particular tour stop/concert for the upcoming Saint Vitus North American Tour.  The Sweepstakes and the entry periods for all of the drawings begin at 9:00 a.m. Pacific Time (“PT”) on April 1, 2014 and each entry period concludes at the time set forth in the chart below (each an “Entry Period”):


SAINT VITUS 2014 Tour Date

Start Time/Date

End Time/Date

Drawing Date

May 8: Launch Pad, Albuquerque, NM 9:00 a.m. PT on April 1, 2014 11:59 p.m. PT on May 5, 2014

May 6, 2014

May 9: Club Red, Tempe, AZ 9:00 a.m. PT on April 1, 2014 11:59 p.m. PT on May 6, 2014

May 7, 2014

May 10: Cheyenne Saloon, Las Vegas, NV 9:00 a.m. PT on April 1, 2014 11:59 p.m. PT on May 7, 2014

May 8, 2014

May 13: The Echo, Los Angeles, CA 9:00 a.m. PT on April 1, 2014 11:59 p.m. PT on May 10, 2014

May 11, 2014

May 14: SLO Brew, San Luis Obispo, CA 9:00 a.m. PT on April 1, 2014 11:59 p.m. PT on May 11, 2014

May 12, 2014

May 15: Strummer’s, Fresno, CA 9:00 a.m. PT on April 1, 2014 11:59 p.m. PT on May 12, 2014

May 13, 2014

May 16: Three Parkside, San Francisco, CA 9:00 a.m. PT on April 1, 2014 11:59 p.m. PT on May 13, 2014

May 14, 2014

May 17: Branx, Portland, OR 9:00 a.m. PT on April 1, 2014 11:59 p.m. PT on May 14, 2014

May 15, 2014

May 18: Highline, Seattle, WA 9:00 a.m. PT on April 1, 2014 11:59 p.m. PT on May 15, 2014

May 16, 2014

May 20: In The Venue, Salt Lake City, UT 9:00 a.m. PT on April 1, 2014 11:59 p.m. PT on May 17, 2014

May 18, 2014

May 21: Marquis Theater, Denver, CO 9:00 a.m. PT on April 1, 2014 11:59 p.m. PT on May 18, 2014

May 19, 2014

May 23: Red 7 (Outside), Austin, TX 9:00 a.m. PT on April 1, 2014 11:59 p.m. PT on May 20, 2014

May 21, 2014

May 24: Fitzgerald’s Downstairs, Houston, TX 9:00 a.m. PT on April 1, 2014 11:59 p.m. PT on May 21, 2014

May 22, 2014

May 25: Three Links, Dallas, TX 9:00 a.m. PT on April 1, 2014 11:59 p.m. PT on May 22, 2014

May 23, 2014


3.  How to Enter.  To enter the Sweepstakes, you must follow the @ScionAV Twitter account and you must follow the instructions in any call to action provided in any tweet message received from Sponsor that indicates there is a chance to enter to win a Prize, including typing exactly any unique term called for in Sponsor’s update calling for entries.   The call to action for this Sweepstakes will typically ask entrants to tweet “@Scion AV #SaintVitus [date of the concert]”.  The date of the concert that entrant would like to win tickets to should be included in the “[date of concert]”.  For example, if an individual wishes to enter the drawing for the concert located in Houston TX on May 24, 2014, the entrant should include “@ScionAV #SaintVitus 5/24” in their tweet.  Individuals will not receive travel to/from the concert location so it is recommended that entrant’s enter the concert date that is closest to the location that they reside.  Sponsor, at its sole discretion, may accept a technically incorrect unique term.  To qualify for entry, a tweet message must be a targeted reply to Sponsor’s Twitter account (i.e., “@ScionAV”) using Twitter’s “@Reply” function; “ScionAV” is the Sponsor’s Twitter account.  If your Twitter account is set to “protected mode” your updates/responses may not be visible in Sponsor’s @Reply inbox, and may not thus be received by Sponsor unless entrant has previously consented to permit Sponsor to see the entrant’s Twitter updates.  @Reply messages not received by Sponsor will not be entered into Sweepstakes.


Only one (1) entry per person for the entire Sweepstakes will be accepted.  For purposes of certainty, an entrant may only submit one (1) entry for one (1) concert in connection with this Sweepstakes.  Subsequent attempts made by the same individual to submit multiple entries by using multiple Twitter accounts or otherwise may be disqualified.  Entries generated by a script, computer programs, macro, programmed, robotic or other automated means will be 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 materials submitted as part of any Twitter entry will not be returned.  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) 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.  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.


NOTE ABOUT TWITTER:  Sweepstakes Entities are not responsible for any changes or unavailability of the Twitter service that may interfere with the Sweepstakes (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use Twitter 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 Twitter, 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 Twitter 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 winners may be required to provide Sponsor with proof that he/she is the registered account holder for the e-mail address associated with the Twitter 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 Web Site or the Twitter service will be the responsibility of the registered account holder of the e-mail address for the Twitter account submitted at the time of entry.  It is the potential winner’s responsibility to set his/her account settings to accept contacts by Sponsor and to timely check his/her Twitter account for any Sponsor direct messages or @Replies.


MOBILE DISCLOSURE:  If you opt to receive Sponsor’s tweets, including any prize notification or other Sweepstakes-related tweets, via your wireless mobile device (which may only be available via participating wireless carriers and is not required to enter), standard text messaging rates will apply for each text message sent or received from your handset 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.  Participation in this Sweepstakes by mobile phone and text message means that you understand that you may receive additional text messages from Sponsor relating to this Sweepstakes, including to notify you if you are a potential winner in this Sweepstakes, which will be subject to the charges pursuant to your carrier’s rate plan.  Text messaging may not be available from all mobile phone service carriers and handset models.  Cell phone service may not be available in all areas.  Check your phone’s capabilities for specific instructions.
4. Prizes and Values.  Two (2) potential winners will be randomly selected in each drawing, which drawing will be conducted by a representative of Producer and will take place on the drawing dates set forth in the chart above.  There will be up to fifty (50) winners in the Sweepstakes (i.e., two (2) winners for each concert on the Saint Vitus 2014 Tour as listed above).  Each winner will receive a “Prize” of two (2) tickets to the concert for the date that they included in their tweet entry.  Travel to/from the concert location will not be awarded as part of the prizing for this Sweepstakes. Sponsor will not be giving away tickets for any Canadian or music festival tour dates and these dates are intentionally omitted from the chart above. The total approximate retail value (“ARV”) of each Prize (i.e., a pair of tickets) awarded in this Sweepstakes is between $20 and $60 (and the actual ARV depends on the particular concert and location of the tickets awarded).  The total ARV of all Prizes awarded in this Sweepstakes is between $280 and $840.  To claim a 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 will not replace a lost or stolen Prize.  Prizes are 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 winners with their Prize, the Sponsor may elect, at the Sponsor’s sole and absolute discretion, to provide winners 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).  Prizing may be fulfilled by a third party.


Winners 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 Prizes 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 winners 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 winners, 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.

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.


5.  Section of Winners.  The winners will be determined by checking the Twitter @Reply function responses received in the @ScionAV @Reply folder for qualified and complete @Reply responses to Sponsor updates calling for entries.  Sponsor is not responsible for changes to the Twitter @Reply function that may interfere with Sweepstakes or ability of entrant to timely enter.  The winners will be selected from all valid entries to the Sweepstakes received during the applicable entry period that includes the same concert date within the tweet entry (i.e., all entrants looking to win tickets for a particular concert on the tour will be pooled with all other entrants looking to win tickets for that same particular concert).  The potential winners will be contacted using the direct message feature on Twitter for the user account that posted the responsive update if a winner is a follower of @ScionAV.  It is your responsibility to timely set your account settings to accept contacts by Sponsor and to timely check your account for such messages.  Sponsor is not responsible for any failure of delivery of notice attempting to use such methods.  Each 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 any 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.


6. Odds.  Odds of winning a Prize depend upon the total number of eligible entries received during the Entry Period for each tour/concert location listed above.


7.  Releases/Disclaimers/Indemnity/Termination/Miscellaneous.  By accepting a Prize, to the fullest extent permitted by applicable law, each winner consents that the Sweepstakes Entities may use the winner’s name, photograph, likeness (including his/her voice), the winner’s hometown and biographical information, statements concerning the Sweepstakes, or the Sweepstakes Entities’ products without further compensation or notice for purposes of advertising, promotion, and merchandising, and grant all rights to edit or modify and to publish and copyright it.


By entering and 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.  Winners assume 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.


Neither the Sweepstakes Entities, nor service providers are responsible for incorrect or inaccurate transcription of entry information, or for any human error, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures or any telephone network, computer equipment, software, inability to access or use the Web Site or on-line service, or any other error or malfunction, or late, lost, illegible, incomplete damaged, mutilated or misdirected entries or entries not properly forwarded to Sponsor.  Sponsor and Producer are not responsible for any changes or unavailability of the Twitter service that may interfere with the Sweepstakes (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use the Twitter Service 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, in which case Sponsor, in its sole discretion, may terminate the Sweepstakes.  Entry materials that have been tampered with or altered are void.  If the Sponsor or Producer determines, in its sole discretion, that there is any suspected or actual electronic tampering with the Sweepstakes or if technical difficulties compromise the integrity of the Sweepstakes, the Sponsor reserves the right to void the entries at issue and conduct a random drawing to award the Prize using all eligible entries received as of the termination date.  If the Sweepstakes is terminated due to tampering or technical difficulties prior to its expiration date, notice will be posted on Twitter via a Sponsor update and/or on the site(s) where these Official Rules have been posted.  WARNING: ANY ATTEMPT BY ANY PERSON TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR AND PRODUCER RESERVE THE RIGHT TO SEEK FROM ANY SUCH PERSON DAMAGES AND ANY OTHER REMEDIES AVAILABLE TO THE SPONSOR TO THE FULLEST EXTENT PERMITTED BY LAW.


Entries made by any other individual or entity and/or originating at any other Internet web site or e-mail address, including, but not limited to, commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and as such ruled ineligible for this Sweepstakes.  Sponsor reserves the right to cancel or modify the Sweepstakes if fraud, misconduct or technical failures destroy the integrity of the Sweepstakes; or if a computer virus, bug, or other technical problem corrupts the administration or security of the Sweepstakes as determined by Sponsor, in its sole and absolute discretion.  Any damage made to the Web Site or the Twitter service will be the responsibility of the account holder of Twitter account submitted at the time of entry.  Proof of submitting entries will not be deemed to be proof of receipt by Sponsor.  Any entries which are suspected of being fraudulent (including those using computer programs, macro, robotic, automatic, programmed or similar methods of participation) may be disqualified, based on determinations made solely by Sponsor.  Sponsor and Producer reserve the right to prohibit the participation of an individual if fraud or tampering is suspected or if the account holder/entrant fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules.


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.


8.  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.


9. 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.


10.  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.


11.  List of Sweepstakes Winner(s)/Official Rules Requests.  To receive a list of winners, send a stamped self addressed envelope to: Scion AV Saint Vitus 2014 Twitter Sweepstakes Winners List, Beyond Marketing Group, LLC, 17461 Derian Ave., Suite 106, Irvine, CA  92614.  Please indicate which Sweepstakes Winners List you are requesting by referring to the unique term identifying the sweepstakes listed above.  A winners list may also be on the same web page these Official Rules are posted for sixty (60) days after winner(s) are selected.  For a copy of these Official Rules, send a legal-size, self-addressed, stamped envelope to: Scion AV Saint Vitus 2014 Twitter Sweepstakes Official Rules, Beyond Marketing Group, LLC, 17461 Derian Ave., Suite 106, Irvine, CA  92614 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.


12.  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, CA  92614 (Attention: Scion Promotions).


13.  Miscellaneous.  The names of individuals, groups, companies, products and services mentioned herein, and any corresponding likenesses, logos and images thereof reproduced herein, have been used for identification purposes only and may be the copyrighted properties and trademarks of their respective owners. The mention of any individual, group or company (including, without limitation, Twitter), or the inclusion of a product or service as a Prize, does not imply any association with or endorsement by such individual, group or company or the manufacturer or distributor of such product or service and, except as otherwise indicated, no association or endorsement is intended or should be inferred. The invalidity or unenforceability of any provision of these Official Rules or the Affidavit will not affect the validity or enforceability of any other provision.  In the event that any provision of the Official Rules or the Affidavit 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.  To the extent there is a conflict between these Official Rules and any terms of use or other agreement posted on the Web Site, these Official Rules control.


//End of Official Rules//

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