Tweet Drive Funding Initiative
Terms & Conditions
1. PROMOTION DESCRIPTION & PARTICIPATION: The “Tweet Drive Funding Initiative” (the “Promotion”) will offer Participants (as defined below) the opportunity to share a prepopulated message via Twitter (the “Eligible Tweet”). Each Eligible Tweet will correlate to Sponsor making one (1) $50.00 contribution towards Sponsor’s maximum funding goal of $500,000.00 (the “Maximum Funding Goal”) to benefit the California Science Center (the “Beneficiary”).
Beginning on or about Thursday, September 12, 2012, visit www.toyota.com/tundraendeavour (the “Website”), and follow the on-screen instructions to log into your Twitter account and affirmatively accept the Terms & Conditions. Once logged in, you will be provided a pre-populated message to Tweet, according to the on-screen instructions. The Tweet cannot be edited or modified; any/all participation must be initiated via the Website. Once the pre-populated Tweet is deployed, it will count as an Eligible Tweet and Sponsor will contribute $50 towards the Maximum Funding Goal. The Promotion will end when the Maximum Funding Goal is met or on Friday, November 30, 2012, 2012 at 11:59 pm Pacific Time (“PT”), whichever comes first. If the Maximum Funding Goal is not met by the end date, the funding contribution will be determined by the total number of Eligible Tweets deployed as of Friday, November 30, 2012 at 11:59 pm PT and such amount will be donated to the Beneficiary. Limit of one (1) Eligible Tweets per person, per Twitter account, per day, during the Promotion.
2. CONDITIONS OF PARTICIPATION/RELEASES: Participants shall indemnify, defend and hold harmless the Sponsor, Administrator, Beneficiary and each of their respective parents, affiliates, divisions, subsidiaries, successors, assigns and licensees, and each of their respective employees, shareholders, officers, directors, contractors, advertising and promotion agencies, agents and representatives (collectively, the “Released Parties”) from and against any and all liability, claims, loss, damage, injury or expense, including reasonable outside attorneys’ fees, arising out of or in connection with any third-party action arising out of or resulting from Participant’s participation in the Promotion. Each Participant authorizes the Sponsor or its designees to use his/her Twitter handle, Twitter photo, name, voice, likeness, biographical data, city and state of residence in advertising, marketing, programming or promotional materials, worldwide in perpetuity, if applicable, without compensation unless prohibited by law. Sponsor or its designees 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 their sole discretion, without obligation or compensation. The Released Parties assume no responsibility for any damage to any person’s computer system which is occasioned by participating in the Promotion, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, the Released Parties are not responsible for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right to modify, extend, suspend, or terminate the Promotion if it determines, in its sole discretion, that the Promotion is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, and/or feasibility of the Offer.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN AN INDIVIDUAL BEING BANNED FROM PARTICIPATING. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. PARTICIPANT 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 PROMOTION 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 PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT 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.
3. GOVERNING LAW: Any and all disputes, claims and causes of action arising out of, or connected with, this Promotion, including without limitation, any alleged violation of these Terms & Conditions, any controversy relating to the arbitrability of any dispute, or any claim that the Promotion, 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 Participant seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of this Promotion.
All issues and questions concerning the construction, validity, interpretation and enforceability of this Promotion, or the rights and obligations of Participants and Sponsor, 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.
TWITTER.COM IS NOT RESPONSIBLE FOR THE ADMINISTRATION OF THE OFFER AND IS NOT INVOLVED WITH THE OFFER IN ANY WAY.