Shareathon Sweepstakes Official Rules

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. MAKING A PURCHASE DOES NOT INCREASE CHANCES OF WINNING. THIS SWEEPSTAKES IS INTENDED FOR PARTICIPATION IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. This Sweepstakes is not sponsored, endorsed or administered by Twitter. Entrants are providing information to Toyota Motor Sales, U.S.A., Inc. and not to Twitter.

The “Shareathon Twitter Promotion” (“Promotion”) consists of the following two (2) distinct promotional programs:

  1. Purchase Offer: The program is directed towards the individual purchasing or leasing a new Toyota vehicle as defined and governed by the Offer Terms & Conditions available at toyota.com/shareathon/terms-and-conditions/; and
  2. Shareathon Retweet Sweepstakes (the “Sweepstakes”): The program is open to certain participants that Retweet a pre-populated Shareathon message, as governed by these Official Rules.
  1. DESCRIPTION: The “Shareathon Retweet Sweepstakes” (“Sweepstakes”) begins on Monday, December 12, 2011 at 11:00 a.m. Eastern Time (“ET”) and ends on Saturday, December 24, 2011 at 10:59 a.m. ET (“Sweepstakes Period”). The sponsor of this Sweepstakes is Toyota Motor Sales, U.S.A., Inc., 19001 South Western Avenue, Torrance, California, 90501 (“Sponsor”). The administrator of this Sweepstakes is Creative Zing Promotion Group, LLC, 189 S. Orange Ave, Suite 1130a, Orlando, Florida, 32801 (“Administrator”).
  2. ELIGIBILITY: Sweepstakes is open to legal residents of the forty-eight (48) contiguous United States and Alaska who are eighteen (18) years of age or older or the age of majority in their state of primary residence (“Participant”). Participant must be a registered-user of Twitter. Registration on Twitter is free and can be obtained at twitter.com. Employees, owners, shareholders, officers and directors of Sponsor, Sponsor’s local dealer groups and authorized dealers, distributors, Administrator and each of their respective parent companies, affiliates, divisions, subsidiaries, agents, representatives, promotion and advertising agencies (collectively, the “Sweepstakes Entities”) together with the Immediate Family Members and/or those living in the same household of such persons (collectively, “Household Members”), are not eligible to participate in the Sweepstakes. For purposes of the Sweepstakes “Household Members” shall mean those people who share the same residence at least three months a year; “Immediate Family Members” shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses; and employees of “local dealer groups, authorized dealers and distributors” shall include individuals employed directly by the local dealer group, authorized dealer or distributor such as sales, mechanical, marketing, operations, and accounting staff. In the event of a dispute over the identity of a Participant in the Sweepstakes, the Participant will be deemed the Authorized Account Holder of the email address associated with the entry. “Authorized Account Holder” of an email address is defined as the natural person in whose name the e-mail account associated with the provided e-mail address was opened. In the event of a dispute regarding the identity of a Participant cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. The use of bots, automated response or other programmed means of entry is strictly prohibited. Any person participating by such means will be disqualified and will be ineligible to receive a prize. All entries become Sponsor’s property and will not be returned or acknowledged except as provided herein. Sweepstakes prize is non-transferable and cannot be substituted, or sold or bartered prior to such prize being fulfilled to the winner. Void in Hawaii, Puerto Rico and where prohibited by law. Winner is solely responsible for reporting and paying any and all applicable taxes. Winner must provide the Administrator with a valid taxpayer identification number or social security number before any prize will be awarded.
  3. HOW TO ENTER: During the Sweepstakes Period, Participants must complete a 2-step process for each entry. Step1: Participant must retweet the pre-populated Shareathon message, originating from an Offer tweet, as described at toyota.com/shareathon (the “Website”). Once the retweet has been deployed, the Participant will immediately receive a confirmation response and entry link. Step 2: Participant must click the entry link to access the entry form. Participant must complete the entry form including name, email, and phone number then affirmatively accept the Official Rules to receive one (1) entry into the Sweepstakes. The Participant will receive one (1) entry into the Sweepstakes for each unique retweet in which an entry form was completed, up to a maximum of ten (10) entries throughout the Sweepstakes Period regardless of how many unique retweets are associated with a Participant or how many Twitter accounts may be registered to a Participant. Entries must be received by December 24, 2011 at 10:59 a.m. ET. The pre-populated retweet messages cannot be edited or modified. Limit one (1) prize per household.
  4. ODDS OF WINNING: Odds of winning depend on the number of eligible entries received during the Sweepstakes Period.
  5. WINNER SELECTION AND NOTIFICATION: One (1) potential winner will be selected at random from all eligible entries received during the Sweepstakes Period on or about December 28, 2011. Potential winner will be notified on or about January 2, 2012 at the email address or phone number associated with the entry. Potential winner will be required to respond (as directed) to the notification within seventy-two (72) hours (or a shorter time if required by exigencies) of notification. The failure to respond timely to the notification may result in forfeiture of the prize. If a prize goes unclaimed or a potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the prize for any reason prior to award, such potential prize winner will be disqualified and an alternate prize winner may be selected, at the sole discretion of the Sweepstakes Entities. Potential winner will be required to verify address and to execute and return an affidavit of eligibility, a liability release, and (where imposing such condition is legal) a publicity release (collectively, the “Prize Claim Documents”) covering eligibility, liability, advertising, publicity and media appearance issues. Prize will not be awarded until all such properly executed Prize Claim Documents are returned. Winner will receive an IRS Form 1099 from the Sweepstakes Entities for the actual retail value of the prize received. The IRS Form 1099 will be issued for the calendar year in which the prize is fulfilled.
  6. PRIZES: There is one (1) prize available. Prize consists of one (1) Toyota Prius with year, model and options to be determined by Sponsor in its sole discretion. Manufacturer’s Suggested Retail Price (“MSRP”): $24,250. The MSRP of any vehicle is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the MSRP is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed. Vehicle will be delivered with standard equipment for make and model. Title, taxes, registration, license, and similar fees, and insurance costs are the sole responsibility of the winner. Vehicle awarded may differ from vehicle shown in promotional materials. The winner must take delivery of the vehicle must possess a valid U.S. driver’s license and will be required to show proof of insurance prior to taking delivery of the vehicle. Vehicle will be delivered to a dealer near winner’s location (as determined by Sponsors) and if a winner does not personally pick up prize within thirty (30) days of delivery notice, vehicle may be forfeited. Sponsor shall not be responsible for delays in delivery of the vehicle, and delivery is subject to availability. Sponsor, however, shall use reasonable efforts, subject to availability, to deliver the vehicle within ninety (90) days of completion of the verification process. Sponsor reserves the right to provide a cash alternative or a prize of equal or greater value in their sole discretion. Vehicle will be delivered solely with the express limited warranties set forth in the vehicle’s Owner’s Guide, which warranties shall run for the term set forth in said Owner’s Guide.
  7. CONDITIONS OF PARTICIPATION/RELEASES: Sponsor, in its sole discretion, may designate the Administrator to handle winner selection, notification and fulfillments tasks on Sponsor’s behalf. All federal, state and local laws and regulations apply. By participating, each Entrant agrees to be bound by these Official Sweepstakes Rules and the decisions of the Sweepstakes Entities, which shall be final in all respects. By participating in this Sweepstakes and/or by accepting any prize, each Entrant agrees to release the Sweepstakes Entities and each of their respective successors, employees, agents, representatives and assigns (collectively, the “Released Parties”) from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in this Sweepstakes and/or acceptance or use of a prize. Each Entrant authorizes the Sweepstakes Entities to use his/her Twitter handle, Twitter photo, name, voice, likeness, biographical data, city and state of residence and entry materials in advertising, marketing, programming or promotional materials, worldwide in perpetuity, and on a winner’s list, if applicable, without further compensation unless prohibited by law. Sweepstakes Entities are not obligated to use any of the above mentioned information or materials, but may do so and may edit such information or materials, at Sweepstakes Entities sole discretion, without further obligation or compensation. The Released Parties shall not be liable for: (i) any injuries, losses, liabilities or damages of any kind including personal injury or death caused by the prize or resulting from acceptance, possession or use of a prize including participation in any activity or travel related thereto, or from participation in the Sweepstakes; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) late, lost, delayed, stolen, misdirected, postage-due, incomplete, unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (v) any inability of winner to accept or use any prize (or portion thereof) for any reason and such prize or portion thereof shall be forfeited; or (vi) any printing, typographical, human administrative or technological errors in any materials associated with the Sweepstakes. Sweepstakes Entities disclaim any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Sweepstakes. Sweepstakes Entities reserve the right, in their sole discretion, to cancel, modify or suspend the Sweepstakes (or any portion of the Sweepstakes) at any time for any reason or should a virus, bug, computer problem, unauthorized intervention, extenuating circumstance or other problem/cause corrupt or inhibit the administration, security or proper play of the Sweepstakes and, in such situation, will select the winner from eligible non-suspect entries received prior to and/or after such action or in such manner as deemed fair and appropriate by the Sweepstakes Entities. Sweepstakes Entities may prohibit Entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines Entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or any other unfair practices or intending to annoy, abuse, threaten or harass any other Entrants or Sweepstakes Entities representatives. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE SWEEPSTAKES. SHOULD SUCH AN ATTEMPT BE MADE, SWEEPSTAKES ENTITIES RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. 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 AWARD 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; AND 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
  8. GOVERNING LAW: 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 the Sweepstakes, or any part thereof, is invalid, illegal or otherwise voidable (or void), shall be resolved 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. 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 seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of this Sweepstakes.All issues and questions concerning the construction, validity, interpretation and enforceability of this Sweepstakes, or the rights and obligations of Entrants and Sweepstakes Entities, shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A., 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.
  9. PRIVACY POLICY: By entering the Sweepstakes, Entrant understands that information is being collected by Sponsor via a third party host and not by Twitter. The information provided to Sponsor will only be used by Sponsor as provided in Sponsor’s privacy policy. See Sponsor’s privacy policy at toyota.com/help/privacy.html for details regarding use of the personal information collected in connection with this Sweepstakes. By entering the Sweepstakes, you grant Sponsor permission to share your email address and any other personally identifiable information with the corresponding Sweepstakes Entities solely for the purpose of Sweepstakes administration and fulfillment. Sponsor will not sell, rent, transfer or otherwise disclose your personally identifiable information to any third party other than the corresponding Sweepstakes Entities as described herein.
  10. WINNER’S LIST/OFFICIAL RULES: To obtain a copy of the Winner’s List or a copy of these Official Rules, send a request along with a stamped, self-addressed envelope to “Shareathon Retweet Sweepstakes” Winner’s List/Rules, 189 S. Orange Ave, Suite 1130a, Orlando FL 32801. Requests for the name of the winner must be received no later February 29, 2012. Vermont residents may omit return postage.

TWITTER.COM IS NOT RESPONSIBLE FOR THE ADMINISTRATION OF THE SWEEPSTAKES AND IS NOT INVOLVED WITH THE SWEEPSTAKES IN ANY WAY.