The Scion A/V Metal Instagram Sweepstakes
Official Rules

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The Scion AV Meshuggah Test Pressing Instagram Sweepstakes

 

Official Rules

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKESA PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

 

ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED FOR EACH APPLICABLE ENTRY PERIOD. VOID WHERE PROHIBITED BY LAW.  AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED.  ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.

 

ENTRY VIA THE INSTAGRAM APP ONLY AND INSTAGRAM ACCOUNT AND INTERNET CONNECTION REQUIRED.  THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM INC. (“INSTAGRAM”).

 

BY ENTERING (OR OTHERWISE PARTICIPATING IN) THE SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING.  WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SWEEPSTAKES ENTITIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
1.  Eligibility.  The Scion AV Meshuggah Test Pressing 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.  Entry Periods.  The Sweepstakes begins on or about 10:00 a.m. Pacific Time (“PT”) on April 1, 2013 and ends at 9:59 a.m. PT on April 29, 2013 (the “Sweepstakes Period”).  However, the Sweepstakes Period consists of four (4) separate “Entry Periods” (each an “Entry Period”), which are specifically detailed in the chart below.  All entries must be received by the end time and date (detailed below) for each respective Entry Period to be eligible for the corresponding drawing for that Entry Period.  Entries from one (1) Entry Period will not carry over to subsequent Entry Periods.  Individuals who enter during the Sweepstakes Period will be receiving an entry for the corresponding drawing based on the chart below and entrants will need to come back and enter again if they would like to receive an entry into the subsequent Entry Period.

 

Entry Periods

Start Time/Date

 

End Time/Date

 

Selection Date of Winners

Entry Period #1 12:00 p.m. PT on April 1, 2013 11:59 a.m. PT on April 8, 2013

April 9, 2013

Entry Period #2 12:00 p.m. PT on April 8, 2013 11:59 a.m. PT on April 15, 2013

April 16, 2013

Entry Period #3 12:00 p.m. PT on April 15, 2013 11:59 a.m. PT on April 22, 2013

April 23, 2013

Entry Period #4 12:00 p.m. PT on April 22, 2013 11:59 a.m. PT on April 29, 2013

April 30, 2013

 

All DATES SET FORTH IN THE CHART ABOVE AND ELSEWHERE IN THESE OFFICIAL RULES ARE SUBJECT TO EXTENSION IN SPONSOR’s/PRODUCER’s SOLE AND ABSOLUTE DISCRETION.

 

3.  How To Enter.  There is one (1) method of entry for this Sweepstakes:

 

Instagram Entry.  To participate and enter this Sweepstakes, individuals will need a mobile device (e.g., mobile phone or tablet) that can access the Internet and uses either the Apple or Android platform.  Additionally, individuals will need to download the Instagram application from their mobile device’s app store and sign-up for an Instagram account (“Account”).  Creating an Account is free.  By submitting your information and creating an Account however, entrants will be required to agree to the Instagram terms of service and privacy policy.  After entrant has an Account, to enter the Sweepstakes, during an Entry Period, follow the call to action provided in any advertising for the Sweepstakes.  The call to action for this Sweepstakes will require entrants to repost the photo that includes the advertisement for this Sweepstakes to their Account and when they repost the photo, entrant must include the unique hashtags “#scionav” and “#meshuggah” as part of their repost.  Sponsor/Producer may not receive entries that fail to strictly follow the posting instructions set forth in these Official Rules and neither Sponsor nor Producer is responsible for failure to see or receive an entry.  Sponsor, at its sole discretion, may accept a technically incorrect unique term.  Messages not received by Sponsor will not be entered into the Sweepstakes.  By including the hashtags “#scionav” and “#meshuggah” in the repost message, entrants are confirming their acceptance to these Official Rules.

Limit of one (1) entry per person for each Entry Period will be accepted.  Subsequent attempts made by the same individual to submit multiple entries by using multiple or false contact information or otherwise may be disqualified.  Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified.  Entries that are in excess of the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, 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.  Reposts may 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 Instagram 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).   Any entrant found including material in their Tweet that violates these Official Rules or the Instagram terms of use may be disqualified, in Sponsor’s sole and absolute discretion.  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.  Those who do not follow all of the instructions or abide by these Official Rules or other instructions of Sponsor may be disqualified.  Sponsor may run multiple campaigns, contests, sweepstakes or other promotions simultaneously.  Entry into one (1) campaign, contest or sweepstakes does not constitute entry into any other.

 

NOTE ABOUT INSTAGRAM:  Sweepstakes Entities are not responsible for any changes or unavailability of the Instagram application 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.  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.  Selection of Winners and Prize Claiming.  There will be twenty (5) winners selected in this Sweepstakes for each Entry Period (i.e., a total of twenty (20) winners for the entire Sweepstakes) on the selection dates set forth in the chart above.  The winners will be selected from all valid entries to the Sweepstakes received during the applicable Entry Period.  The potential winners will be notified by a Producer comment on the photo 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 and notified as a potential winner.  Sponsor and Producer will have complete discretion over interpretation of the Official Rules, of administration of the Sweepstakes, and of selection of the winners.  Decisions of the Sponsor and Producer as to the selection of the winners will be final.

 

Each potential winner may be required to submit an affidavit of eligibility / release of liability / prize acceptance agreement (collectively, the “Affidavit”) and return the Affidavit within the time period specified at notification before being eligible to receive his or her prize.  If any potential prize winner fails or refuses to sign and return such Affidavit within the time period required by Sponsor or if the prize or prize notification is returned as rejected, faulty, unclaimed or returned as undeliverable to such potential prize winner, such potential prize winner may be disqualified and an alternate may be selected.  Non-compliance shall result in disqualification and award of the prize to an alternate winner.  If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules, or if the potential prize winner cannot attend or participate in any portion of the prize, 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 winners, or remaining winners, as the case may be, of the advertised number of prizes 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.  The Sweepstakes Entities are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential winners.

 

5.  Odds.  Odds of winning will depend upon the total number of eligible entries received for each applicable Entry Period.

 

6.  Prize(s) and Values.  Each winner of this Sweepstakes will be awarded the following prize: one (1) limited-edition 10” vinyl test pressing of the Scion AV Presents: Meshuggah – Pitch Black EP.  The total approximate retail value (“ARV”) of the Prize is: Ten Dollars (U.S. $10.00).  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).

 

Prizes are non-transferable, with no cash redemptions, equivalents or substitutions, except at Sponsor’s sole and absolute discretion.  All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion.  Prize details and availability are subject to change and prize provider’s rules and restrictions, and in the event that Sponsor is unable to provide the winner with their prize(s), the Sponsor may elect, to provide winners with the approximate value of such item in cash or award an alternate prize of comparable or greater value.  In the event a prize winner engages in behavior that (as determined by Sponsor or any prize provider in its or their sole and absolute discretion) is obnoxious, inappropriate, or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the applicable experience early.  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).  Prize winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether they, in whole or in part, are used.  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 or Producer with a valid social security number or tax identification number before the prizes will be awarded for tax reporting purposes.  An IRS Form 1099 may be issued in the name of winners for the actual value of the prizes received.  Unclaimed prizes will be forfeited.  Prizes, if legitimately claimed, will be awarded.  Neither Sponsor nor Producer is responsible for and will not replace any lost, mutilated or stolen prizes.  If the winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and neither Sponsor nor Producer will have any further obligation with respect to that prize or portion of the prize.  The total ARV of all of the prizes awarded in this Sweepstakes is: Two Thousand Five Hundred Dollars (U.S. $200.00).

 

7.  Publicity Release.  Subject to applicable law, winners irrevocably grant 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(s) to the winner(s).  Entrants agree not to issue any publicity concerning the Sweepstakes Entities.

 

8.  Tampering with Sweepstakes.   The Sweepstakes Entities are not responsible for the actions of entrants in connection with the Sweepstakes, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes.  Persons found tampering with or abusing any aspect of this Sweepstakes, or whom Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified.  Additionally, any attempt to cheat the Sweepstakes, as determined at the sole and absolute discretion of Sponsor, may result in immediate disqualification of the entrant, as well as other possible consequences, including disqualification from any and all existing and future sweepstakes.  ANY ATTEMPT BY A PERSON TO DAMAGE ANY WEBSITE OR APPLICATION (INCLUDING THE INSTAGRAM APPLICATION) OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.  Sponsor reserves the right, at its sole and absolute discretion, to disqualify (or terminate the prize of) any individual who is found to be, or suspected of, acting in violation of these Official Rules, or to be acting in an unsportsmanlike, obscene, immoral or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person.  If the Sweepstakes is terminated due to tampering or technical difficulties prior to its expiration date, notice will be posted on Instagram via a Sponsor update and/or on the site(s) where these Official Rules have been posted.

 

9.  Suspension / Modification / Termination.  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.

 

10.  Waivers, Disclaimers and Releases.  By participating in the Sweepstakes, entrants agree to release, discharge and hold harmless the Sweepstakes Entities, and each of their respective directors, officers, employees, agents, successors and assigns (“Released Parties”) from and against any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to entrants’ participation in the Sweepstakes and/or related to any prize (including, without limitation, losses, damages or injuries to entrant’s or any other person’s equipment or other property, or to their persons, related to participation in the Sweepstakes; 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 Sweepstakes activity and/or prize).  Without limiting the generality of the foregoing, entrants agree that the Released Parties: (A) 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 Sweepstakes and/or with respect to prizes, including, without limitation, to any prize’s quality or fitness for a particular purpose; (B) 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, manufacturer or other person or entity furnishing services, products or accommodations (“Suppliers”) as a part of the prizes provided in connection with the Sweepstakes; and (C) 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 or product 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.  Entrants agree and that the Released Parties shall have no responsibility or liability for discontinued prizes; human error; incorrect or inaccurate transcription of registration and/or account information; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or Internet service provider utilized by Sponsor; interruption or inability to access the Instagram application or Sponsor or affiliated entities’ respective websites, or any online service via the Internet due to hardware or software compatibility problems; any damage to participant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Sweepstakes; any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Released Parties.  Each entrant further agrees to indemnify and hold harmless Released Parties from and against any and all liability resulting or arising from the Sweepstakes and to release all rights to bring any claim, action or proceeding against the Released Parties and hereby acknowledge that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a prize, including express warranties provided exclusively by a Supplier that may be sent along with a prize.  The Sweepstakes Entities are not responsible for the actions of entrants in connection with the Sweepstakes, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes.  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 OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER 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.

 

11.  Entry Information and Sweepstakes Communications.  As a condition of entering the Sweepstakes, each entrant gives consent for Sponsor and Producer to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Sweepstakes and to comply with applicable laws, regulations and rules.  Any information entrants provide to Sponsor or Producer may be used to communicate with entrant in relation to this Sweepstakes or on a Sweepstakes winner’s list.

 

12.  Governing Law / 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, Producer or the Released Parties in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of California, 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.

 

BY ENTERING THE SWEEPSTAKES, 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 SWEEPSTAKES, 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 TEN DOLLARS ($10.00), 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 OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), 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.

13.  Dispute ResolutionPLEASE READ THIS PROVISION CAREFULLY.  IT INCLUDES AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR PARTICIPATION IN THE SWEEPSTAKES AND/OR THESE OFFICIAL RULES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT.  THIS SECTION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION.  THIS SECTION ALSO INCLUDES A JURY WAIVER.

 

There may be instances when you have a problem or dispute that needs special attention.  In those instances, Sponsor and Producer are committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue.  Therefore, for any problem or dispute that you may have with Sponsor or Producer, you acknowledge and agree that you will first give Sponsor and Producer an opportunity to resolve your problem or dispute.  This includes you first sending a written description of your problem or dispute to Toyota Motor Sales, USA, Inc, 19001 S. Western Ave., WC12, Torrance, CA 90509 (Attn: Legal Department).  You then agree to negotiate with Sponsor and Producer in good faith about your problem or dispute.  This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after Sponsor’s receipt of your written description of it, you agree to the further dispute resolution provisions below.

 

You agree that the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of participation in the Sweepstakes and/or these Official Rules shall be final and binding arbitration, except to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate any of the Sweepstakes Entities’ or any third party patent, copyright, trademark, trade secret, privacy or publicity rights, in which case you acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought by the Sweepstakes Entities and/or the applicable third party(ies).  You and we acknowledge that these Official Rules affect interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under the Agreement (despite any other choice of law provision).

 

Arbitration under these Official Rules shall be conducted by JAMS.  The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures (pursuant to JAMS’ Streamlined Arbitration Rules and Procedures). Judgment on the Award may be entered in any court having jurisdiction.  This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.  An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees.  In addition, for claims under $75,000 as to which you provided notice and negotiated in good faith with Sponsor as required above before initiating arbitration, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs.  Except for claims determined to be frivolous, Sponsor agrees not to seek an award of attorneys’’ fees in arbitration even if an award is otherwise available under applicable law.  As a limited exception to the agreement to arbitrate, you and we agree that you may take claims to small claims court, if your claims qualify for hearing by such court.

 

To the fullest extent permitted by applicable law, NO ARBITRATION OR OTHER CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER VISITOR OF THE SITES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.  In the event that this CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction and not in arbitration.

 

WE BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND THE SWEEPSTAKES ENTITIES BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN US.

 

In no event shall any claim, action or proceeding by you related in any way to the application or these Official Rules be instituted more than three (3) years after the cause of action arose.

 

14.  List of Sweepstakes Winners/Official Rules Requests.   To receive a list with the names of the winners, send a stamped self-addressed envelope to: Scion AV Meshuggah Test Pressing 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 name identifying the Sweepstakes listed above.  For a copy of these Official Rules, send a legal-size, self-addressed, stamped envelope to: Scion AV Test Pressing 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.

 

15.  Miscellaneous.  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.  Entrants agree to waive any rights to claim ambiguity of these Official Rules.  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.  In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, privacy policy or terms of use on the Instagram application and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.

 

16.  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).  Instagram, Inc. is not a sponsor of this Sweepstakes and does not endorse or otherwise have anything to do with this Sweepstakes.  Reference to third parties in connection with prizes and/or third party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Sweepstakes.

 

//End of Official Rules//

 

Comments

  1. Naomi - 01/25/14, 6:49 am

    Hey there just wanted to give you a quick heads up. The text in your post
    seem to be running off the screen in Internet explorer.

    I’m not sure if this is a formatting issue or something to do with browser compatibility but I figured
    I’d post to let you know. The style and design look great though!

    Hope you get the issue fixed soon. Kudos

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