Scion Pixel Reveal
Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
1. Eligibility: Scion Pixel Reveal (the “Sweepstakes”) is open only to legal residents of the forty nine (49) United States (excluding Hawaii) and the District of Columbia who are at least eighteen (18) years old and licensed U.S. drivers at the time of entry. All employees of Toyota Motor Sales, U.S.A., Inc. (“Toyota” or “Sponsor”), Attik, CherryBomb Consulting, Inc., ePrize, LLC (“Administrator”) and any of their respective related companies, parents, subsidiaries, affiliates, dealers, dealer advertising associations and agents and any agencies or other companies involved in the development or execution of the Sweepstakes or production or distribution of promotional materials, as well as the immediate family (spouse, parents, siblings, and children and their respective spouses, regardless of where they reside) and household members of each such employee, whether or not related, are not eligible. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Void where prohibited. Participation in the Sweepstakes constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning the prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor: Scion, a division of Toyota Motor Sales, U.S.A., Inc., 19001 South Western Avenue, Torrance, CA 90501. Administrator: ePrize, LLC, One ePrize Drive, Pleasant Ridge, MI 48069.
3. Timing: The Sweepstakes begins at 12:00 a.m. Eastern Time ("ET") on July 15, 2009 and ends at 11:59 p.m. ET on September 15, 2009 (the "Promotion Period"). Sponsor's computer is the official time-keeping device for the Sweepstakes.
4. How to Enter and Win: During the Promotion Period, visit www.scionreveal.com and follow the links and instructions to complete the registration, including your first and last name, age, a valid email address, and a valid home mailing address. P.O. Boxes are not permitted. Submit your completed registration to advance to the pixel reveal landing page, where ten (10) pixels will be revealed per each unique visit by an entrant. Limit: Each entrant may visit the pixel reveal landing page up to ten (10) times per day, subsequently revealing up to one hundred (100) pixels per day during the Promotion Period. The entrant who reveals the one millionth (1,000,000th) pixel during the Promotion Period OR is the last entrant to reveal pixels at the end of the Promotion Period will be the potential Grand Prize winner. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to the Sweepstakes to obtain more than the stated number of entries by using multiple/different email addresses, accounts, identities, registrations and logins, or any other methods, will void all of that entrant's entries and that entrant may be disqualified. Use of any automated system to participate in the Sweepstakes is prohibited and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. The potential winner may be required to show proof of being the authorized account holder.
5. Winner Requirements: Administrator, an independent judging organization whose decisions as to the administration and operation of the Sweepstakes and the notification of the potential winner are final and binding in all matters related to the Sweepstakes, will notify the potential winner by email or mail on or around September 28, 2009. The potential Grand Prize winner will be required to execute and return to Administrator, within ten (10) business days of the date notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release (where legal) (“Affidavit & Release”) in order to claim his/her prize. If the potential winner cannot be contacted within a reasonable time period, fails to execute and return the Affidavit & Release within the required time period, is not in compliance with these Official Rules, or prize notification is returned as undeliverable, he/she forfeits the prize. If the potential winner is disqualified for any reason, the prize may be awarded to an alternate potential winner by a random drawing from amongst all eligible entries received during the Promotion Period. Only three (3) alternate winners will be selected through this process, after which the applicable prize will remain un-awarded. The potential winner must continue to comply with all terms and conditions of these Official Rules, and winning the Sweepstakes is contingent upon fulfilling all requirements set forth in these Official Rules. The Grand Prize will be delivered to a participating Scion dealership in approximately twenty-six (26) weeks after the winner is verified. Delivery can be made to any participating Scion dealership within in forty-eight (48) contiguous United States.
6. Prize: ONE (1) GRAND PRIZE: One (1) used Scion automobile: VIN# JTLKE50E191096963, odometer reading approximately seven (7) miles. The Grand Prize Scion automobile has been modified using Toyota Motor Sales approved parts, and utilized for display purposes and promotional activities. No manufacturer warranties have been voided with the modifications. The Grand Prize winner agrees to accept the car “as-is” and assumes all liability responsibilities associated with acceptance and use of the Grand Prize. The Grand Prize winner will be required to provide proof of valid U.S. driver’s license and legally-required insurance at time of delivery and otherwise meet all eligibility requirements contained in these Official Rules. The Grand Prize winner is responsible for title, applicable taxes (including without limitation any incremental income taxes and any sales taxes), license, registration, dealer preparation costs, auto insurance and other fees associated with prize. Sponsor shall not have any responsibility or liability whatsoever for any property loss, damage, personal injury, or death, in connection with the prize provided pursuant to the Sweepstakes and/or any person’s participation in the Sweepstakes; provided, however, that Sponsor shall be solely responsible for any express written limited warranties specifically set forth in the applicable Owner's Guide for the vehicle. The Grand Prize winner must take delivery of prize from the automobile dealership designated by Sponsor. Sponsor shall not be responsible for delays in delivery of the prize vehicle, and delivery. Sponsor, however, shall use all reasonable efforts to deliver the Grand Prize vehicle to the Sponsor-designated delivery dealer within three hundred sixty (360) days of completion of verification process. The Grand Prize winner shall bear all risk of loss or damage to the Grand Prize vehicle after it has been delivered to the winner. The Grand Prize winner must personally retrieve the Grand Prize vehicle within thirty (30) days of written notification of delivery or he/she will lose his right to claim the Grand Prize vehicle. Approximate Retail Value of Scion automobile: $34,000. The prize is non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the prize for one of equal or greater value if the prize should become unavailable for any reason. The winner is responsible for all taxes and fees associated with prize receipt and/or use. The odds of winning the Grand Prize depend on the number of eligible entries received during the Promotion Period and the time, date and number of pixels remaining on the pixel reveal landing page when those entries are received.
7. Publicity: Except where prohibited, participation in the Sweepstakes constitutes winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions, statements and/or testimonials and/or hometown and State for promotional purposes in any media, now or hereafter developed, worldwide, in perpetuity, without further payment or consideration.
8. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. Sponsor, in its sole discretion, reserves the right to disqualify any individual (and void all associated Scores and entries) it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
9. Release: By participating, entrant (and, if an eligible minor, his/her parent or legal guardian) agrees to release and hold harmless the Sponsor, CherryBomb Consulting, Inc., Attik, Administrator and their respective parents, subsidiaries, affiliates, distributors, dealers, dealer advertising associations, advertising and promotions agencies, prize suppliers and any other agency that provides services in connection with this Sweepstakes, and each of their respective officers, directors, employees, representatives, contractors and agents and successors and assigns (collectively, “Released Parties”) from and against any and all rights, claims and causes of action whatsoever that they may have, or which may arise, against any of them for any liability for any matter, cause or thing whatsoever, including but not limited to any injury, loss, damage, whether direct, compensatory, incidental or consequential, to person, including death and property, arising in whole or in part, directly or indirectly, from their acceptance, possession, use or misuse of the prize in the Sweepstakes (including any injury or harm resulting from use of the Grand Prize vehicle), or their participation in the Sweepstakes, or their participation in any Sweepstakes or prize-related activity, or any travel related to the Sweepstakes or any travel for any prize-related activity. ENTRANTS ALSO FURTHER ACKNOWLEDGE THAT THE RELEASED PARTIES HAVE NEITHER MADE, NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR, ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESSED OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO ANY PRIZE OR THE SWEEPSTAKES EXCEPT AS SET FORTH IN SECTION 6.
10. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt, use or misuse of any prize which may be awarded in the Sweepstakes. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, provided that if it is not possible to award another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
11. Disputes: Each entrant to the Sweepstakes agrees that (a) any and all disputes, claims, and causes of action arising out of, or connected with, this Sweepstakes (including without limitation, any alleged violation of these Official Rules, any controversy relating to the arbitrability of any dispute, or any claim that these Official Rules (or any part thereof) are invalid, illegal, or otherwise voidable (or void)) shall be resolved individually, without resort to any form of class action, and exclusively by arbitration to be held solely in Los Angeles, California under the auspices of the American Arbitration Association and pursuant to its Commercial Dispute Resolution Rules and Procedures; (b) any and all claims, judgments, liabilities, and/or awards shall be limited to actual out-of-pocket costs incurred, including costs associated with the entrant’s participation in this Sweepstakes or otherwise accessing this Sweepstakes, but in no event attorneys’ fees; and (c) under no circumstances will an entrant be permitted to obtain awards for, and entrant hereby waives, all rights to claim, punitive, special, incidental, and/or consequential damages and any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. 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 either party fails to appear at any properly noticed arbitration proceeding, an award may be entered against such party notwithstanding said failure to appear. In no event shall an entrant to the Sweepstakes seek or be entitled to rescission, injunctive, or other equitable relief or to enjoin or restrain the operation of this Sweepstakes, exploitation of any advertising or other materials issued in connection therewith, or exploitation of this Sweepstakes or any content or other material used or displayed on this Sweepstakes.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
12. Entrant's Personal Information: Information collected from entrants is subject to ePrize, LLC’s Privacy Policy http://www.eprize.com/privacy/privacypolicy.html and Sponsor’s Privacy Policy http://www.toyota.com/help/privacy.html.
13. Winner List: Winner List requests will only be accepted after the Sweepstakes end date (listed above) and no later than January 28, 2010. For the Winner List, send an email with subject line: "Pixel Reveal, Winner List Request,” to WinListRequests@eprizefulfillment.com.
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