FYR2008

YOU COULD WIN A YARIS!

Tired of getting bad gas mileage? Is your wardrobe getting old? Enter now for your chance to win a new fuel-efficient Yaris and a $2,500 Urban Outfitters gift certificate.

And don’t forget: Our benefit stations will be giving away Yaris vehicles some time this year, so tune in for details - and keep supporting independent radio!

FIRST NAME LAST NAME

EMAIL ADDRESS

STREET ADDRESS

CITY STATE

ZIP CODE MOBILE NUMBER**

I AM OVER THE AGE OF 18.

I AGREE TO THE OFFICIAL SWEEPSTAKES RULES.

I'D LIKE TO RECEIVE INFORMATION ON SPECIAL TOYOTA OFFERS, EXCITING NEWS AND NEW PRODUCT ANNOUNCEMENTS.

PLEASE CHECK HERE IF YOU WOULD LIKE A TOYOTA DEALER TO CONTACT YOU

PLEASE PROVIDE A HOME OR BUSINESS PHONE NUMBER WHERE YOU CAN BE REACHED

I'D LIKE TO RECEIVE EMAILS FROM URBAN OUTFITTERS ON WHAT'S NEW, EXCLUSIVE SALES, STORE EVENTS AND OTHER PROMOTIONS.

I'D LIKE TO RECEIVE MOBILE ALERTS FROM URBAN OUTFITTERS **

** OPTIONAL: DISCLAIMER

Submit

y yaris?

Free Yr Radio 2008, Crafted by Yaris and Urban Outfitters

official rules

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

1. Eligibility: Free Yr Radio 2008, Crafted by Yaris and Urban Outfitters (the “Sweepstakes”) is open only to legal residents of the forty-eight (48) contiguous United States and the District of Columbia who are at least eighteen (18) years old at the time of entry. All employees of Toyota Motor Sales, U.S.A., Inc. (“Toyota” or “Sponsor”), CherryBomb Consulting, Inc., Urban Outfitters, Inc., 206, Inc. ("206"), ePrize, LLC (“Administrator”), and all of their respective parent, subsidiary and affiliate companies, distributors, dealers, dealer advertising associations, advertising and promotion agencies and any other agency that provides services in connection with this Sweepstakes, 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 related or not, are not eligible to participate in this Sweepstakes. This Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Void in Alaska, Hawaii and where prohibited. Participation in this Sweepstakes constitutes participant’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 this Sweepstakes. Winning the prize is contingent upon fulfilling all requirements set forth herein.

2. Sponsor: 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 on April 9, 2008 at 12:01 a.m. Eastern Time ("ET") and ends on October 31, 2008 at 11:59 p.m. ET (the "Promotion Period"). 206's computer is the official time-keeping device for this Sweepstakes.

4. How to Enter: There are two (2) ways to enter this Sweepstakes:

A. Enter in Person: During specific, Sponsor selected dates within the Promotion Period, visit a participating Urban Outfitter retailer during regular store hours, locate the Free Yr Radio display and obtain a registration card (while supplies last). Complete the registration card, including your first and last name, a valid email address and a valid home mailing address. P.O. Boxes not permitted. Submit the registration card in the designated entry box to receive one (1) entry into the Sweepstakes. All entries become the exclusive property of Sponsor, and none will be acknowledged or returned. Proof of submission will not be deemed to be proof of receipt by Sponsor. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, illegible or misdirected entries, which will be disqualified.

B. Enter Online: During the Promotion Period, visit http://www.FreeYrRadio.com and follow the links and instructions to complete the registration, including your first and last name, a valid email address, and a valid home address. P.O. Boxes are not permitted. Complete and submit the registration to automatically will receive one (1) entry into the Sweepstakes.

For Both Methods of Entry: Limit: Participant may enter the Sweepstakes one (1) time per day during the Promotion Period, regardless of method of entry. Multiple participants are not permitted to share the same email address. Any attempt by any participant to obtain more than the stated number of entries by using same/multiple/different email addresses, identities, registrations and logins, or any other methods will void that participant's entries and that participant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification and all associated entries will be void. 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 registrant or player provided he/she is eligible according to these rules. 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. Grand Prize Drawing: Administrator is an independent judging organization whose decisions as to the administration and operation of the Sweepstakes and the selection of the potential winner are final and binding in all matters related to the Sweepstakes. Administrator will randomly select the potential winner from among all eligible entries received during the Promotion Period, on or around November 10, 2008. The potential winner will be notified by mail and email. The potential winner (parent/legal guardian if winner is at least eighteen (18) but still considered a minor in his/her state of residence) will be required to execute and return to Administrator, within ten (10) days of the date notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release (unless prohibited) in order to claim his/her prize. If the potential winner cannot be contacted, is not in compliance with these rules, if a prize notification is returned as undeliverable or if the potential winner fails to execute and return the Affidavit of Eligibility, Liability & Publicity Release within the required time period, he/she will be disqualified and will forfeit the prize. The potential winner must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. In the event that the potential winner is disqualified for any reason, Administrator will award the prize to an alternate winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held, after which the prize will remain un-awarded.

6. Prize: ONE (1) GRAND PRIZE: An all-new 2008 Toyota Yaris, $2,000 payable in the form of a check issued to the winner which winner may apply towards a portion of the taxes and fees associated with prize receipt, and a $2,500 gift card to Urban Outfitters. For 2008 Yaris: Sponsor will determine all features of automobile including, but not limited to, color of exterior and interior, and all other features or upgrades will be allowed only if permitted by delivery dealer and paid for by winner. Winner must be a U.S. licensed driver and will be required to provide proof of valid U.S. driver’s license and legally-required insurance at time of delivery (or an alternative winner shall be selected if applicable and the original winner’s rights to the Grand Prize vehicle shall be automatically forfeited). Winner is responsible for title, license, registration, dealer preparation costs, auto insurance and other fees associated with prize. Released Parties shall not have any responsibility or liability whatsoever for any property loss, damage, personal injury, or death, in connection with the prizes provided pursuant to the Sweepstakes and/or any person’s participation in the Sweepstakes; provided, however, that Toyota Motor Sales, Inc., U.S.A. shall be solely responsible for any express written limited warranties specifically set forth in the applicable Owner's Guide for the Vehicle. The prize will be delivered solely with the express written limited warranties set forth in the prize vehicle’s applicable Owner's Guide, which warranties shall run for the term set forth in said Guide. Winner must take delivery of prize no cost to the winner from the automobile dealership designated by Sponsor in the continental U.S. reasonably close in proximity to the winner's residence. Sponsor shall not be responsible for delays in delivery of the prize vehicle, and delivery is subject to availability. Sponsor, however, shall use all reasonable efforts, subject to availability, to deliver the Grand Prize vehicle within one hundred twenty (120) days of completion of verification process. The winner shall bear all risk of loss or damage to the Grand Prize vehicle after it has been delivered to the specified delivery site. The winner must personally retrieve the Grand Prize vehicle within thirty (30) days of written notification of delivery. If the winner is a minor in his/her jurisdiction of residence, then Sponsor may elect to have the title of the Grand Prize vehicle registered in the name of the parent or legal guardian of the winner. For Gift Card: Terms and conditions of gift card apply. For Complete Prize Package: Approximate Retail Value: $19,500. The prize is non-transferable and no substitution or cash equivalent is allowed except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the prize (or any portion thereof) for one of comparable or greater value, at its sole discretion. Winner is responsible for all taxes, other costs and fees associated with prize receipt and/or use not specified herein as being awarded. Odds of winning the prize depend on the number of eligible entries received during the Promotion Period.

7. Release: By participating, participant agrees to release and hold harmless the Sponsor, CherryBomb Consulting, Inc., 206, Inc., Urban Outfitters, Inc., ePrize, LLC, 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 (the “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 (including any injury or harm resulting from use of the automobile) in the Sweepstakes, or their participation in the Sweepstakes, or their participation in any Sweepstakes. Winner also further acknowledges 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 THE prize or the SWEEPSTAKES EXCEPT AS SET FORTH IN SECTION 6.

8. Publicity: Except where prohibited, participation in the Sweepstakes constitutes each winner’s consent to Sponsor’s and its parent, subsidiary and affiliated companies, and their advertising and promotion agencies and other designees’ use of each winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional, publicity, public relations and advertising or other purposes in any manner in any and all media now or hereafter known worldwide in perpetuity, without further payment, consideration, permission or notification.

9. 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 impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. If terminated, Sponsor may, at its sole discretion, randomly select winners from among all eligible, non-suspect entries received during the Promotion Period. Sponsor reserves the right in its sole discretion to disqualify any individual 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. Any failure by Sponsor to enforce any term of these Official Rules or any applicable laws shall not constitute a waiver of such right. If any provision of these Official Rules is found by a court of competent jurisdiction to be invalid, then participant, Sponsor and the court shall endeavor to give effect to the intent reflected in that provision, and the remaining Official Rules shall retain their full force and effect.

10. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by participants, printing or typographical errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical, computer or network 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) any other error or problem which may occur in the administration of the Sweepstakes or the processing of entries; (5) late, lost, undeliverable, garbled, delayed, misdirected, damaged or stolen entries; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participant’s participation in the Sweepstakes or receipt or use or misuse of any prize (including any injury or harm resulting from use of the automobile). If for any reason an participant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, participant’s sole remedy is another entry in the Sweepstakes, provided Sweepstakes has not be discontinued. 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 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 from among all legitimate, un-awarded, eligible prize claims.

11. Disputes: Participant agrees that (1) 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; (2) any and all claims, judgments, liabilities, and/or awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participant’s participation in this Sweepstakes or otherwise accessing this Sweepstakes, and in no event shall participant be entitled to obtain attorneys’ fees or other legal costs; and (3) under no circumstances will you be permitted to obtain awards for, and participant 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 participant 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, a participant’s rights and obligations, or Sponsor’s rights and obligations in connection with this 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. Participant's Personal Information: Information collected from participants is subject to ePrize, LLC’s Privacy Policy (http://www.eprize.com/privacy/privacypolicy.html) and Sponsor’s Privacy Policy as posted on the Free Yr Radio 2008 website (http://www.FreeYrRadio.com/privacy.html).

13. Winners List: Winner List requests will only be accepted after the promotion end date (listed above) and no later than March 10, 2009. For the winner list, send an email with subject line: “M-Free Yr Radio 2008, Crafted by Yaris and Urban Outfitter, Winner List Request,” to WinListRequests@eprizefulfillment.com.

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IN THE BACKGROUND:
!!! FOR OHIO.FM
AT URBAN OUTFITTERS
COLUMBUS, OH 6.14.2008 CLICK!

!!! for OHIO.FM in Columbus

The Free Yr Radio concert series continued with an amazing show by !!!, all to benefit internet station OHIO.FM in Columbus. More than 250 people showed up for the free show and we were joined by the fine folks at Ice Cream Man, who gave away 350 ice creams. We believe some lucky people took two...

IN THE BACKGROUND:
WHITE WILLIAMS
AT URBAN OUTFITTERS
BOSTON, MA 5.21.2008 CLICK!

White Williams for WERS in Boston

White Williams kicked off the 2008 Free Yr Radio concert series with a free performance featuring tunes from his recent album Smoke for WERS in Boston. DJs and volunteers from WERS chatted with people waiting in line, discussing the importance of independent radio and talking about WERS as an integral part of the Boston community. They even had WERS lip balm to give out!

IN THE BACKGROUND:
YEASAYER
AT LA ZONA ROSA
AUSTIN, TX 03.12.2008 CLICK!

Yeasayer for KVRX at SXSW Launch

Yeasayer took the middle spot at our SXSW party, giving us an incredible set featuring songs off their debut album, All Hour Cymbals. (If you have not yet purchased this album, what are you waiting for?!?!) They’ll be joining us again in the Twin Cities to benefit The Current.

IN THE BACKGROUND:
FREE YR RADIO BROADCAST CORNER HOSTED BY THE CURRENT
AUSTIN, TX 03.2008 CLICK!

Free Yr Radio Broadcast Corner hosted by The Current

Our friends and Twin Cities partner station, The Current, played host to the Free Yr Radio Broadcast Corner. The three intense days of live broadcasts at SXSW included more than 20 bands from hyped new artists like White Williams to old favorites like Billy Bragg. We all braved the scorching heat, but seeing our favorite artists perform in such an intimate venue was well worth it!

IN THE BACKGROUND:
SIMIAN MOBILE DISCO
AT LA ZONA ROSA
AUSTIN, TX 03.12.2008
CLICK!

Simian Mobile Disco for KVRX at SXSW Launch March 12, 2008

For the late night set at our SXSW party, Simian Mobile Disco took over the stage, treating the crowd to one of the most crazy awesome light shows we’ve ever seen. As Simian Mobile Disco’s electronic beats hypnotized the crowd, the scene transformed into a frenetic dance party.

IN THE BACKGROUND:
TIMES NEW VIKING & DJ DAVE P
AT LA ZONA ROSA DURING SXSW
AUSTIN, TX 03.12.2008 CLICK!

Times New Viking & DJ Dave P for KVRX at SXSW Launch, March 12, 2008

At SXSW, we celebrated the return of Free Yr Radio with an amazing party at La Zona Rosa. Co-hosted by our friends (and partner Austin station) KVRX, we were treated to some unforgettable performances. As the evening kicked into gear, DJ Dave P spun records before Times New Viking’s set of catchy lo-fi distortion wowed the crowd.

IN THE BACKGROUND:
ANNUALS
AT URBAN OUTFITTERS
DURHAM, NC 5.9.07 CLICK!

Annuals for WKNC

One of the best parts of the 2007 concert series was getting bands to play a free show in their hometown. The Annuals\' homecoming show to support Raleigh\'s WKNC was especially memorable.

IN THE BACKGROUND:
SONIC YOUTH
AT URBAN OUTFITTERS
SANTA MONICA, CA 7.21.07 CLICK!

Sonic Youth & Dntel
for KXLU
Santa Monica, CA
July 21, 2007

No doubt the most anticipated show of the 2007 Free Yr Radio concert series, Sonic Youth performed a benefit for Los Angeles\' KXLU. As an added bonus, we got KXLU alumnus Jimmy Tamborello from Dntel and The Postal Service to kick it all off with a sweet DJ set.

IN THE BACKGROUND:
MAN MAN
AT URBAN OUTFITTERS
BOULDER, CO 5.19.07 CLICK!

Man Man for KGNU
Boulder, CO
May 19, 2007

Man Man is one of the more unique bands around today. After touring with Modest Mouse, Man Man drove out to Boulder to play a wild free show benefiting KGNU.

IN THE BACKGROUND:
ROGUE WAVE
AT URBAN OUTFITTERS
SANTA CRUZ, CA 5.25.07 CLICK!

Rogue Wave for KZSC
Santa Cruz, CA
May 25, 2007

Performing in support of Santa Cruz's KZSC, Rogue Wave's intimate set concluded with a track that can be found on our 2007 benefit compilation. It's one of our favorites as Zach Rogue makes a plea for the audience to support independent radio!

IN THE BACKGROUND:
TAPES 'N TAPES
AT URBAN OUTFITTERS
MINNEAPOLIS, MN 6.5.07 CLICK!

Tapes'N Tapes for
The Current
Minneapolis, MN
June 5, 2007

Tapes 'N Tapes are currently one of Minneapolis' most celebrated indie bands. The guys have played benefits for 89.3 The Current before, but they still jumped at the chance to do it all again for Free Yr Radio.

IN THE BACKGROUND:
THE LONG WINTERS
AT URBAN OUTFITTERS
SEATTLE, WA 5.1.07 CLICK!

The Long Winters
for KEXP
Seattle, WA
May 1, 2007

KEXP has always championed local band The Long Winters. On the first day of May last year, The Long Winters gave back by playing an unforgettable set at the Capitol Hill Urban Outfitters in Seattle.

FRIDAY, AUGUST 15, 2008: Philly Photos and Recap Are Up! FRIDAY, AUGUST 08, 2008: Twin Cities Photo Strip Images Up! WEDNESDAY, JULY 30, 2008: Seattle Photo Strip Images Up! TUESDAY, JULY 29, 2008: Free Yr Radio Announces Latest Concert Dates TUESDAY, JUNE 03, 2008: Boston Photo Strip Images Up! TUESDAY, APRIL 22, 2008: Big Free Yr Radio Announcement!!! WEDNESDAY, APRIL 09, 2008: You Could Win A Yaris! Visit FreeYrRadio.com/win-yaris.html to enter the sweepstakes and read the official rules.

TERMS AND CONDITIONS

Last updated February 26, 2008

Welcome to the Free YR Radio/Yaris SXSW Site. The following are terms of a legal agreement between you and Toyota Motor Sales, U.S.A. Inc. ("TMS/USA", "we", "us", or "our"). By accessing, browsing, using and/or submitting to the Free YR Radio/Yaris SXSW microsite ("Free YR Radio/Yaris SXSW Site"), you acknowledge that you have read, understood, and agree, to be bound by these terms and any amendments thereto (the "Terms and Conditions") and the terms of our Privacy Policy which is incorporated by reference into these Terms and Conditions and to comply with all applicable laws and regulations. If you do not agree to these Terms and Conditions, do not use the Free YR Radio/Yaris SXSW Site. The material provided on the Free YR Radio/Yaris SXSW Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. The Free YR Radio/Yaris SXSW Site is controlled and operated by TMS/USA from its offices within the United States. TMS/USA makes no representation that materials available on the Free YR Radio/Yaris SXSW Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Free YR Radio/Yaris SXSW Site from other locations do so at their own initiative and are responsible for compliance with applicable local laws. NOTE THAT THESE TERMS AND CONDITIONS ONLY APPLY TO THE USE OF THIS FREE YR RADIO//YARIS SXSW SITE, AND OTHER WEBSITES PROVIDED BY TOYOTA, HAVE DIFFERENT TERMS AND CONDITIONS THAT APPLY TO THE USE OF THOSE SITES.

Please return to the Free YR Radio/Yaris SXSW Site and review these Terms and Conditions from time to time, as they may be amended without notice. Any changes to these Terms and Conditions will be effective immediately upon the posting of the revised Terms and Conditions on the Free YR Radio/Yaris SXSW Site. Please note that your use of certain materials and features of the Free YR Radio/Yaris SXSW Site may be subject to additional terms and conditions. By using these materials and features, you also agree to be bound by such additional terms and conditions.

Proprietary Rights and License

All materials on the Free YR Radio/Yaris SXSW Site, including, without limitation, names, logos, trademarks, images, text, columns, graphics, photographs, illustrations, artwork, software, clips and other elements making up the Free YR Radio/Yaris SXSW Site (collectively, "Content") are protected by copyrights, trademarks and other intellectual property rights owned and controlled by us or by other parties that have licensed or otherwise provided their material to us.

You may not add, delete, distort, or otherwise modify the Content. Any unauthorized attempt to modify any Content, to defeat or circumvent our security features, or to utilize the Free YR Radio/Yaris SXSW Site or any part of the Content for any purpose other than its intended purposes is strictly prohibited.

Registration for Certain Features

In order to use certain features of the Free YR Radio/Yaris SXSW Site, you may be required to install or use equipment and software. You are responsible for ensuring that your equipment and/or software do not disturb or interfere with the operation of the Free YR Radio/Yaris SXSW Site. Any equipment or software causing interference shall be immediately disconnected and we shall have the right to immediately terminate your right to use and access the Free YR Radio/Yaris SXSW Site. If any upgrade in or to the Free YR Radio/Yaris SXSW Site or any feature requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augments or enhances the current Free YR Radio/Yaris SXSW Site, including the release of new products and services, shall be subject to these Terms and Conditions.

If you opt to register for a particular feature of the Free YR Radio/Yaris SXSW Site, you agree to: (a) provide true, accurate and complete information about yourself as prompted by the registration form ("Registration Data"), and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that the Registration Data is untrue, inaccurate or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Free YR Radio/Yaris SXSW Site (or any portion thereof). You acknowledge and agree that we may send you important information and notices regarding your account and the Free YR Radio/Yaris SXSW Site by email, text messaging or other means based on the information you provide to us. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate Registration Data, including, but not limited to, your failure to receive critical information about the Free YR Radio/Yaris SXSW Site.

We may provide you with access to some features of the Free YR Radio/Yaris SXSW Site without you registering as a user and in each such case your identification is based on means of identification that we deem appropriate.

Products, Services and Advertising Free YR Radio/on Yaris SXSW Site and Linked Sites

The Free YR Radio/Yaris SXSW Site may contain advertising and information about products, services, events and/or programs, and links to other web sites that are not controlled or maintained by us. You agree that we will not be responsible for the content, advertising, privacy policies, products, services, events, programs or other materials on the Free YR Radio/Yaris SXSW Site or available from such linked web sites. Use of any products and services advertised or promoted on the Free YR Radio/Yaris SXSW Site and the web sites linked to the Free YR Radio/Yaris SXSW Site is at your own risk. We encourage you to note when you leave the Free YR Radio/Yaris SXSW Site and to read the terms of use of such other web sites.

Music Downloads

Music Downloads provided on the Free YR Radio/Yaris SXSW Site are provided solely for your personal non-commercial use and should not be used by you for any other purpose. All rights to the Music Downloads are reserved by the applicable rights holders. If you exploit or otherwise make use of any Music Download for any purpose other than for your own personal non-commercial use, you are in violation of criminal and civil laws and we reserve the right to prosecute and seek damages from you to the fullest extent of the law. You acknowledge and agree that the Music Downloads made available as part of the Free YR Radio/Yaris SXSW Site are protected by intellectual property laws. You further acknowledge and agree that you will not reproduce, duplicate, modify, perform, transfer, post, distribute, sell, or create derivative works of or otherwise use or make available any Music Download other than as specifically permitted above.

Referral Programs; Forward to a Friend Opportunities [Note: I don't see any refer-a-friend element on the website]

We may offer from time to time referral programs that permit you to submit information about other persons (each, a "Referred Person"), including, without limitation, email addresses, wireless telephone numbers, names, street addresses and other contact information so they may receive information and/or promotional offers concerning the Free YR Radio/Yaris SXSW Site and its features. We will use and store any such information that we collect from you about a Referred Person only to the extent necessary to carry out your request, and we will not use any such information for any other purpose unless the Referred Person consents to the use for such other purpose. You may only refer persons with whom you have a personal relationship. You must have obtained the consent of the Referred Person prior to providing us with his or her contact information. We reserve the right to limit the number of Referred Persons you can submit. We reserve the right to limit the number of transmissions to any particular Referred Person from time to time. You may not withdraw the contact information you provide for a Referred Person once it has been submitted. A Referred Person must be a permanent, legal resident of the 50 United States or the District of Columbia, who is of legal age of majority in their jurisdiction of residence (and at least 18 years of age, or such other age designated on the sign-up page) and be able to register for the features offered on the Free YR Radio/Yaris SXSW Site and otherwise use the Free YR Radio/Yaris SXSW Site. The contact information for a Referred Person must be valid and functioning in order for us to contact him or her about the Free YR Radio/Yaris SXSW Site or its features. We will not be responsible for validating the contact information you provide. We may elect NOT to communicate with any Referred Person and/or e-mail address if he or she appears to be on any of our "do not contact" or "do not e-mail" lists. In addition, we reserve the right to reject the participation of any Referred Person if (a) the contact information provided by you is incorrect or not valid, (b) such individual has violated any provision of these Terms and Conditions, or (c) we determine in our sole discretion that the participation of such individual might be harmful to us, the Free YR Radio/Yaris SXSW Site, any service or feature, or any third party for any reason. We specifically disclaim any liability for exercising such right.

We may, at our discretion, send you a confirmation using any means available through the Free YR Radio/Yaris SXSW Site, including email, text and other forms of messaging, to inform you that the Referred Person has registered for the Free YR Radio/Yaris SXSW Site or a particular feature. If we send the confirmation to you via the carrier service with which you have a mobile communications subscription or otherwise have access, you understand you will pay any service fees associated with any such access (including text messaging charges for messages to your mobile device). If you misuse any referral program or otherwise engage in improper behavior with respect to a referral program, as we determine in our sole discretion, we reserve the right to deny you further access to the Free YR Radio/Yaris SXSW Site. We may from time to time offer incentives or rewards in connection with a referral program, and any such incentive or reward programs shall be subject to additional terms and conditions which shall be posted at the time such programs become available and shall be deemed incorporated into, and subject to, these Terms and Conditions. We reserve the right, in our sole discretion, to suspend, temporarily or permanently, or cease to provide any and all referral programs without notice, reason or liability.

If you are using the Free YR Radio/Yaris SXSW Site to communicate to a Referred Person (or any third party), you agree not to use the Free YR Radio/Yaris SXSW Site to harm the Referred Person or any other third party, and/or use the Free YR Radio/Yaris SXSW Site in violation of any applicable laws, rules or regulations or these Terms and Conditions.

SMS Terms and Conditions

Your "opt in" to YR SXSW text-message alerts (the "Program") will constitute your agreement to comply with these terms and conditions. If you cannot agree with these terms and conditions, do not use the Program.

We may modify these terms and conditions from time to time; the date of the most recent revisions will appear on this web page. Continued access to the Program by you will constitute your acceptance of any changes or revisions to these terms and conditions.

Your failure to follow these terms and conditions may result in suspension or termination of your access to the Program, without notice, in addition to our other remedies.

We also reserve the right to discontinue the Program, or change the content or formatting of the Program, at any time without notice to you, and to require the immediate cessation of any specific use of the Program.

You agree that the cell phone number you enter in the Program is registered in your name, and that you will not initiate messages to the cell phone of any other person or entity.
Your carrier's standard messaging rates apply to all mobile text messages sent from our website to your cell phone. All charges are billed by and payable by you to your mobile service provider.
It is necessary for you to have a mobile communications subscription with a participating carrier or otherwise have access to a mobile communications network for which we make the Program available. You will provide all equipment and software necessary to connect to the Program, including, but not limited to, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Program.
You agree not to modify the format or branding of the content provided in the Program ("Content"), or to add any materials, including any advertisements or other promotional content, to such Content. The Content is owned by TMS/USA, our affiliates or licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to download and use the Content on a designated compatible mobile device, solely for your own personal, non-commercial use. You shall not reproduce, modify, perform, transfer, distribute, sell, create derivative works of or otherwise use or make available the Content or the Program except as expressly provided for in this Terms and Conditions.
The Program is provided "as is" and we shall not be held liable for your use of the Content, or the information or material contained therein. We will not be liable for any delays in the receipt of any messages as delivery is subject to effective transmission from your network operator. TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES WITH REGARD TO THE PROGRAM, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

Sweepstakes, Contests, Games, Promotional Offers

Any sweepstakes, contests, games and/or promotional offers accessible on the Free YR Radio/Yaris SXSW Site are governed by specific rules and/or terms and conditions (which are hereby incorporated into these Terms and Conditions by reference). By entering such sweepstakes or contests or participating in such games or promotional offers, you will become subject to those rules. We urge you to read the applicable rules and/or or terms and conditions, which are linked from the particular activity.

Privacy

We are committed to respecting your privacy and protecting your personally identifiable information. Any information we may collect through your use of the Free YR Radio/Yaris SXSW Site is subject to our Privacy Policy.

Infringement and Regulatory Complaints

We will cooperate with any law enforcement authorities and comply with any judicial order requesting or directing us to disclose the identity of anyone uploading, downloading, or posting materials, or otherwise using the Yaris SXSW Site in violation of any applicable federal, state, or local laws.

We respect the intellectual property of others. If you believe that your work has been copied in any way without your permission (including as part of a User Submission), please provide the following information to our Agent to Receive Notification of Claimed Copyright Infringement identified below. Your notice must contain the following:

An electronic or physical signature of the person authorized to act on behalf of the copyright owner whose work you claim has been infringed;
A description of the work you claim has been infringed;
Identification of the work you claim infringes the copyrighted work and a description of where it is located on the Free YR Radio/Yaris SXSW Site;
Your address, telephone number and e-mail address;
A statement by you that you have a good faith belief that the infringing use is not authorized by the copyright owner, the copyright owner's agent or by law; and
A statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:

Liz Schroeter
Copyright Agent
Drillteam
221 W. 17th St., 5th Floor
New York, NY 10011

THE Free YR Radio/YARIS SXSW SITE AND ALL CONTENT, PRODUCTS, SERVICES AND OFFERS INCLUDED ON OR AVAILABLE THROUGH THE Free YR Radio/YARIS SXSW SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. YOU AGREE THAT YOUR USE OF THE Free YR Radio/YARIS SXSW SITE AND ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE Free YR Radio/YARIS SXSW SITE IS AT YOUR SOLE RISK. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY: (I) THAT USE OF THE YARIS SXSW SITE OR ANY CONTENT OR SERVICES ON OR FROM THE YARIS SXSW SITE (INCLUDING ANY USER SUBMISSIONS) WILL BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE OR ERROR FREE; (II) THAT THE YARIS SXSW SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (III) THAT ANY ERRORS ON THE YARIS SXSW SITE WILL BE CORRECTED; OR (IV) THAT THE SERVERS ON WHICH THE YARIS SXSW SITE, CONTENT AND SERVICES ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

To the maximum extent allowed by law, neither we (which for the purpose of this paragraph shall include all RELEASED PARTIES AS DEFINED IN THE PARAGRAPH ENTITLED "RELEASE OF LIABILITY" BELOW) nor any other party involved in creating, producing, or delivering the Free YR Radio/ yaris SXSW site, will be liable for any direct, indirect, incidental, consequential, SPECIAL or punitive damages (including, without limitation, lost profits, cost of procuring substitute service, or lost opportunity), however caused, arising out of your access to, use of, or reliance on any material or content provided on the Free YR Radio/Yaris SXSW site, even if we have been advised of the possibility of such damages. Without limiting the foregoing, we assume no responsibility, and will not be liable, for any damages relating to or caused by any viruses which may affect your computer equipment or other property on account of your access to or use of the Free YR Radio/Yaris SXSW site. We cannot and do not guarantee continuous, uninterrupted, or secure access to the Free YR Radio/Yaris SXSW site.

Release of Liability: You agree to release, discharge, and hold harmless the TMS/USA Entities, their respective distributors, dealers, dealer associations, advertising and promotions agencies, and each of their respective officers, directors, employees, representatives, contractors and agents (collectively, the "Released Parties") from and against any claims, damages, expenses, and liability arising from or related to any injuries, damages, or losses to any person (including death) or property of any kind resulting in whole or part, directly or indirectly, from your participation in the Free YR Radio/Yaris SXSW Site or otherwise accessing the Free YR Radio/Yaris SXSW Site, including, without limitation, your breach of these Terms and Conditions or the use by us or our designees of any rights granted by you.

YOU SPECIFICALLY ACKNOWLEDGE THAT TMS/USA SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR ANY ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Indemnification

You agree to defend, indemnify and hold Released Parties harmless from and against any and all claims, demands, liabilities, losses, damages, costs and expenses (including, without limitation, reasonable attorney's fees) arising from your breach of any warranties, representations and agreements set forth in these Terms and Conditions, including, without limitation, your unauthorized use of any Content (including the User Submissions).

Disputes

You agree that (a) any and all disputes, claims, and causes of action arising out of, or connected with, the Free YR Radio/Yaris SXSW Site (including without limitation, any alleged violation of these Terms and Conditions, any controversy relating to the arbitrability of any dispute, or any claim that these Terms and Conditions (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 your participation in the Free YR Radio/Yaris SXSW Site or otherwise accessing the Free YR Radio/Yaris SXSW Site, but in no event attorney's fees; and (c) under no circumstances will you be permitted to obtain awards for, and you hereby waive, 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 you seek or be entitled to rescission, injunctive, or other equitable relief or to enjoin or restrain the operation of the Free YR Radio/Yaris SXSW Site, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Free YR Radio/Yaris SXSW Site or any content or other material used or displayed on the Free YR Radio/Yaris SXSW Site.

All issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms and Conditions, your rights and obligations, or our rights and obligations in connection with the Yaris SXSW Site, 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.

General

You agree that these Terms and Conditions constitute the entire, complete and exclusive agreement between you and us regarding this Free YR Radio/Yaris SXSW Site supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these terms and conditions. Any failure by us to enforce any of our rights under these Terms and Conditions or applicable laws shall not constitute a waiver of such right. If any provision of these Terms and Conditions is found to be invalid, you and we shall endeavor to give effect to the intent reflected in that provision, and the remaining Terms and Conditions shall retain their full force and effect.

You agree to follow and comply with any applicable laws in your use of the Free YR Radio/Yaris SXSW Site.

I ACCEPT THE TERMS AND CONDITIONS