Yahoo! Shine Designer Handbag Giveaway
THE FOLLOWING PROMOTION (the "Promotion") IS INTENDED FOR PLAY IN THE FIFTY UNITED STATES AND THE DISTRICT OF COLUMBIA ONLY (COLLECTIVELY, THE "ELIGIBILITY AREA") AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. DO NOT ENTER THIS PROMOTION IF YOU ARE NOT LOCATED IN, AND A LEGAL RESIDENT OF, THE ELIGIBILITY AREA. SEE BELOW FOR ADDITIONAL ELIGIBILITY RESTRICTIONS.
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCE OF WINNING.
ENTRY IN THIS PROMOTION CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES.
1. Eligibility: The Promotion is open to: (a) legal residents of the Eligibility Area; (b) who are 18 years of age or have reached the age of majority in their jurisdiction of residence at the time of entry, whichever is greater. Void in overseas U.S. territories, possessions, commonwealths and military installations, and where prohibited by law. Employees and agents of Yahoo! Inc. ("Sponsor" or "Yahoo!"), Wm. Wrigley Jr. Company ("Wrigley"), their respective affiliates, subsidiaries, advertising and promotional agencies, any other prize sponsor, and any entity involved in the development, production, implementation, administration or fulfillment of the Promotion (all of the foregoing, together with Sponsor, collectively referred to as "Promotion Entities"), and the immediate family members and persons living in the same household as such individuals, whether related or not, are not eligible to participate or win.
2. How To Register: You may submit an entry in the Promotion between 12:01 PM PT on June 29, 2012 and 11:59 PM PT on July 20, 2012 (the "Entry Period"). Any individual wishing to participate in the Promotion, whether as an entrant or as a voter must first register, thereby becoming an eligible participant (participants submitting entries are referred to as "Entrants"; participants who wish to vote are referred to as "Voters"; each Entrant and/or Voter is a "Participant"). To enter or vote, visit the Flickr Group Pool associated with the Promotion at http://bit.ly/flickr-yahoo-shine-designer-handbag-giveaway (the "Promotion Site"). Click the "Join?" link to join the Flickr Group associated with the Promotion (the "Promotion Group"). Follow the instructions to sync with Flickr using your Yahoo! ID, Facebook ID, or Google ID. If you do not have one of these, you may obtain a free Yahoo! ID by following the instructions to create a new account. Limit one registration per person and per email address. Any individual who attempts to register, or in the sole discretion of Sponsor is suspected of registering more than once, by any means, including but not limited to establishing multiple accounts, may be disqualified from the Promotion. You will be asked to provide your first and last name, gender, birth date, and zip code. When signed in, create a Flickr ID if you do not already have one. Click the "I agree" button to agree to these Official Rules and to join the Promotion Group. Then, follow the instructions to add a new photo to the Promotion Group. Submit a photo of your beat up, worn-to-death, or ugly handbag that needs to be retired (your "Photograph"). In the photo caption (the "Caption"), describe your old bag (busted zippers, stains, etc), how it ended up in this sad state, and why you would love or deserve a fancy new purse (maybe you have a new job, maybe you've grown up and have a very youthful style that isn't taken seriously, or maybe you got the bag as a gift and don't love it but haven't been able to splurge on a new one). When you are satisfied with your Photograph and Caption, click "Add Photo" to upload the Photograph and Caption to the Promotion Group. An individual's Photograph and Caption are collectively referred to in these rules as an "Entry." All Entries must be received before the close of the Entry Period.
For purposes of these Official Rules, "receipt" of an Entry occurs when Yahoo!'s servers record the posting of your Photograph and Caption upon your clicking the "Add photo" button to upload your Entry to the Promotion Group. In the event of a dispute regarding the identity of an Entrant, the dispute will be resolved in favor of the individual who is both the authorized holder of the Flickr account and password associated with the account (based upon information submitted at the time the account was created or updated upon registration for this Promotion) and, if available, the "authorized email account holder" of the email address provided when the Flickr ID was created. "Authorized email account holder" is defined as the natural person assigned an email address by an internet access provider, online service provider, or other organization (i.e., business, educational institution) responsible for assigning email addresses for the domain associated with the submitted email address. If there is a discrepancy between the name of the person listed as the authorized holder of the Flickr ID and the authorized email account holder of the email address provided when the Flickr ID was created, that Flickr ID will be disqualified and any prize forfeited. A potential prize winner may be required to provide Promotion Entities with proof that he/she is the authorized Account holder as described above.
LIMIT ONE ENTRY PER PERSON IN THE PROMOTION. Although subsequent attempts to enter may be received, only the first Entry received from a particular individual will count; subsequent attempts to enter will be disqualified or not counted. The submission of an Entry is solely the responsibility of the entrant. An Entry may only be made according to the method described above. Proof of sending (such as an automated computer receipt confirming delivery of email, "thanks for entering" message, or post office receipt) does not constitute proof of actual receipt by Yahoo! of an Entry for purposes of these Official Rules. Automated entries (including but not limited to entries submitted using any bot, script, macro, or sweepstakes service), copies, third party entries, facsimiles and/or mechanical reproductions are not permitted and will be disqualified. Only eligible Entries actually received by Promotion Entities before the end of the specified entry period will be considered in the Promotion. Unintelligible, incomplete, or garbled entries will be disqualified. Entries will not be acknowledged or returned.
3. CONDITIONS OF ENTRY: Entrants retain ownership of the Photos they submit to the Promotion Group. However, as conditions of entry into the Promotion, each Entrant:
- i. WARRANTS AND REPRESENTS THAT THE HE/SHE IS AT LEAST 18 YEARS OF AGE, OR THE AGE OF MAJORITY IN HIS/HER STATE OF LEGAL RESIDENCE, WHICHEVER IS GREATER;
- ii. WARRANTS AND REPRESENTS THAT HE/SHE OWNS ALL RIGHTS TO THE ENTRY HE/SHE IS SUBMITTING IN THIS PROMOTION, INCLUDING, WITHOUT LIMITATION, THE PHOTOGRAPH AND ITS ASSOCIATED CAPTION;
- iii. IF THERE IS/ARE INDIVIDUAL(S) PICTURED IN THE PHOTOGRAPH, WARRANTS AND REPRESENTS THAT HE/SHE IS THE INDIVIDUAL PICTURED IN THE PHOTOGRAPH, AND/OR, THAT THE ENTRANT HAS OBTAINED PERMISSION FROM EACH PERSON WHO APPEARS IN THE PHOTOGRAPH TO GRANT THE RIGHTS TO THE PROMOTION ENTITIES DESCRIBED IN THESE OFFICIAL RULES, AND CAN MAKE SUCH PERMISSIONS AVAILABLE TO PROMOTION ENTITIES, IN WRITING, UPON REQUEST;
- iv. WARRANTS AND REPRESENTS THAT HIS/HER ENTRY: (a) IS ORIGINAL TO THE ENTRANT AND HAS BEEN LEGALLY OBTAINED AND CREATED, (b) DOES NOT INFRINGE THE INTELLECTUAL PROPERTY, PRIVACY OR PUBLICITY RIGHTS OR ANY OTHER LEGAL OR MORAL RIGHTS OF ANY THIRD PARTY, OR VIOLATE APPLICABLE LAWS, REGULATIONS, OR NETWORK STANDARDS; (c) HAS NOT BEEN ENTERED IN OR WON PREVIOUS PROMOTIONS OR AWARDS; AND (d) HAS NOT BEEN PUBLISHED PREVIOUSLY IN ANY MEDIUM;
- v. irrevocably grants to Promotion Entities and their affiliates, legal representatives, assigns, agents and licensees, the worldwide, royalty-free, non-exclusive, sublicensable, unconditional, perpetual and transferable right and license to copyright (where applicable), reproduce, encode, store, modify, copy, transmit, publish, post, broadcast, publicly display, publicly perform, adapt, distribute, reproduce, exhibit and/or otherwise use or reuse (in whole or in part, and without limitation as to when or to the number of times used), the Entrant's name, address, image, voice, likeness, statements, biographical material and Entry, including, but not limited to, the Photograph and Caption, as well as any additional photographic images, video images, portraits, interviews or other materials relating to the Entrant and arising out of his/her participation in this Promotion (with or without using the Entrant's name) (any items in addition to the Entry are collectively referred to as the "Additional Materials") (in each case, as submitted or as edited/modified in any way, whether by the Promotion Entities, their licensees, or assigns, in the Promotion Entities' sole discretion) in any format or medium throughout the universe for any purpose, without limitation, and without notice, additional review, compensation, or approval from the Entrant or any other party, except as prohibited by law;
- vi. warrants and represents that he/she has the full right and authority to grant the rights described in these Official Rules, and that no permission is required from any other party for the Promotion Entities to exercise the rights granted by the Entrant herein;
- vii. except where prohibited by law, forever waives any rights of privacy, intellectual property rights, and any other legal or moral rights that may preclude Promotion Entities' use of the Entrant's Entry or Additional Materials, or require the Entrant's permission for Promotion Entities to use them for any purpose, and agrees to never sue or assert any claim against the Promotion Entities' use of those materials;
- viii. acknowledges and agrees that (a) Promotion Entities have access to and/or may create or have created literary, photographic, film, tape and/or other materials, ideas and concepts which may be similar or identical to an idea expressed in the Entry in theme, idea, plot, format, characters and/or other respects; (b) the Entrant will not be entitled to any compensation or other consideration because of the use by Promotion Entities of any such similar or identical material, ideas and/or concepts; and (c) Promotion Entities' use of material containing elements similar to or identical with those contained in the Entry or any submission shall not obligate Promotion Entities to negotiate with nor entitle Entrant to any compensation or other claim;
- ix. agrees to indemnify and hold the Promotion Entities and their respective affiliates, officers, directors, agents, co-branders or other partners, and any of their employees (collectively, the "Promotion Indemnitees"), harmless from any and all claims, damages, expenses, costs (including reasonable attorneys' fees) and liabilities (including settlements), brought or asserted by any third party against any of the Promotion Indemnitees arising out of or in connection with (a) any Entry or Additional Materials (including, but not limited to, any and all claims of third parties, whether or not groundless, based on the submission of such other material); (b) any breach by Entrant of any warranty, agreement or representation contained in the Official Rules or terms of service or in any documentation submitted by Participant; (c) the Entrant's conduct during and in connection with this Promotion; (d) any claim of trademark, copyright, or other intellectual property rights, right of publicity, right of privacy or defamation; or (d) the acceptance of any prize.
- x. agree and acknowledge that the Promotion Entities will not be obliged to display any Entry, and that the Promotion Entities will not be liable for any Entrant's loss of publicity or enhancement of reputation.
4. Content Restrictions & Guidelines: All materials submitted in connection with an Entry into this Promotion:
(a) must comply with the Flickr Community Guidelines, located at http://www.flickr.com/help/guidelines/ ("Flickr Community Guidelines");
(b) must be formatted and encoded according to the requirements set forth at the Promotion Site;
(b) must be in English, if there is any language in the Entry;
(c) must be suitable for display and publication in general interest media (i.e., may not be obscene or indecent, including but not limited to nudity, pornography or profanity);
(d) must not contain defamatory statements (including but not limited to words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, gender, sexual orientation or socioeconomic group);
(e) must not include threats to any person, place, business, group or world peace;
(f) must not invade privacy or other rights of any person, firm or entity, and it must not in any other way violate applicable laws and regulations or network standards;
(g) must not contain any commercial content that promotes any product or service other than the Sponsor's, or contain or reference any third party names, logos or trademarks; and
(h) must not contain any copyrighted works (other than as owned by the Entrant).
All Entries will be reviewed for content before being judged; however, such review does not relieve Entrant from responsibility for compliance with these Official Rules. Entries that do not comply with these Official Rules or that otherwise contain prohibited, or inappropriate content as determined by the Sponsor, in their sole discretion, will be disqualified and will not be considered for a prize.
At any time during the Promotion, Sponsor reserves the right, in its sole and unfettered discretion, to disqualify and remove any Entry that it believes contains any inappropriate content, infringes the rights of any third party, or otherwise does not meet any other requirements in these Official Rules. The decisions of the Sponsor on this and all matters relating to the Promotion are final and binding.
5. SELECTION PROCESS:
a) Judging Phase: At the conclusion of the Entry Period, the Entries will initially be judged by a preliminary panel consisting of Yahoo! employees (the "Judging Panel"), who will select the top 10 Entries as finalists (each, a "Finalist") based on the following equally weighted criteria: adherence to theme, quality of writing, and originality (this phase of the Contest is referred to as the "Judging Phase"; the criteria used by the judges is referred to as the "Judging Criteria"). The ten Finalists will advance to the Public Voting Phase, subject to verification by the Sponsor and judges that the Entries are in compliance with the Official Rules and do not contain any inappropriate content. Sponsor reserves the right to select fewer than 10 Finalists in the event there is an insufficient number of eligible, tasteful, or otherwise appropriate entries in the Promotion.
b) Public Voting Phase: Between July 24, 2012 and 11:59 PM PT on July 26 , 2012 (the "Public Voting Phase"), the top 10 Entries will be posted on Shine, where Voters will be given the opportunity to submit a vote for their favorite Entry (a "Vote"). Voters may only vote a single time, for a single Entry, during the Public Voting Phase. Any attempt by a Voter to vote more than once may result in disqualification of all rating and other voter activity produced by that Voter. The Entrant who submitted the Entry that received the highest number of Votes from Voters during the Public Voting Phase will be declared the potential Grand Prize winner, subject to verification. In the event of a tie during the Public Voting Phase, the tie will be broken by awarding the prize to whichever Entry received a higher score from the judges in the Judging Phase.
6. PRIZE: One grand prize winner will receive a new handbag from the collection of a top designer, filled with micro packs of Orbit® Gum. Approximate retail value of Grand Prize: $1,530.
Prize cannot be used in conjunction with any other promotion or offer. Prize may not be transferred or assigned except by Sponsor. Only listed prize will be awarded and no substitutions, cash equivalents or redemptions will be made, except that Sponsor reserves the right to substitute any prize (or component thereof) with another prize of equal or greater value in the event that the advertised prize (or any component thereof) is not available. Expenses not specifically stated above, together with the reporting and payment of all applicable taxes, fees and/or surcharges, if any, arising out of, or resulting from, acceptance or use of a prize, are the sole responsibility of the winner of that prize. Sponsor makes no representations or warranties concerning the appearance, safety, or performance of any prize awarded. Restrictions, conditions, and limitations apply. Promotion Entities will not replace any lost or stolen prize items.
7. WINNER NOTIFICATION: Potential winner will be announced in a blog post on Shine (the "Winner Announcement") on or about July 27, 2012. Potential winner may be required to sign, notarize and return an Affidavit of Eligibility and Liability/Publicity Release and provide any additional information (such as social security number), that may be required by Promotion Entities, except where prohibited by law. Except where prohibited by law, potential winner must return all required documents within fourteen days following attempted notification or prize may be forfeited. Return of any prize/prize notification as undeliverable, or inability of Promotion Entities to contact a potential winner may result in disqualification and selection of an alternate winner by random drawing. If applicable, winner may be issued an IRS Form 1099 which documents the value of the prize for tax purposes. Any difference between the actual value of a prize and the approximated value of a prize in these Official Rules will not be awarded.
8. GENERAL RULES: The Promotion is governed by and subject to the laws of the United States, including all applicable federal, state, and local laws and regulations. Void where prohibited by law. Participants agree to be bound by these Official Rules, by the Flickr Community Guidelines, located at http://www.flickr.com/help/guidelines/, and by the decisions of the judges, which are final and binding on all matters relating to the Promotion. In the event of a conflict between the Flickr Community Guidelines and these Official Rules, these Official Rules will control. Sponsor is not responsible for any typographical or other errors in the printing of the offer, administration of the Promotion or the announcement of the prizes, or for lost, late, misdirected, damaged, incomplete or illegal entries.
Except where prohibited by law, a winner's acceptance of a prize constitutes permission for Promotion Entities to use such winner's name, address (city and state only), statements, photograph, voice and/or likeness for any advertising and promotional purposes relating to the Promotion without further compensation, consideration, review or consent.
Sponsor reserves the right at its sole discretion to disqualify the Entry or the Vote of any individual found to be (a) tampering or attempting to tamper with the entry process or the operation of the Promotion or any Sponsor website; (b) violating the Official Rules or Flickr Community Guidelines; (c) violating the terms of service, conditions of use and/or general rules or guidelines of any Sponsor property or service, or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Further, Sponsor reserves the right to disqualify any entry which, in Sponsor's sole opinion, is deemed to be offensive, libelous, slanderous, inflammatory, or otherwise inappropriate in any way for this Promotion. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
9. LIMITATIONS OF LIABILITY: The Promotion Entities assume no responsibility for any computer, online, telephone transmission or technical malfunctions that may occur during participation in the Promotion (including, without limitation, the Public Voting Phase), or for theft, destruction or unauthorized access to, or alteration of, Entries or Votes. Promotion Entities are not responsible for any incorrect or inaccurate information, whether caused by website users, Participants or any of the equipment or programming associated with or utilized in the Promotion; or for any technical or human error which may occur in the processing of submissions or votes in the Promotion. Promotion Entities assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, email, players or browsers, whether on account of technical problems, traffic congestion on the Internet or at any website, or on account of any combination of the foregoing (including but not limited to any such problems which may result in the inability to access the Promotion Site or to submit Entries or Votes in connection with the Promotion). Promotion Entities are not responsible for any injury or damage to participants or to any computer related to or resulting from participating or downloading materials in this Promotion. If, for any reason, the Promotion is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Promotion Entities which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion and select winners from among that portion of the Promotion that has not been compromised, if any.
10. DISPUTES/GOVERNING LAW: Except where prohibited, as a condition of participating in this Promotion, Participant agrees that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with this Promotion, or any prize awarded, or the determination of winners shall be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will Participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than entrant's actual out-pocket expenses (e.g., costs associated with entering this Promotion), and Participant further waives all rights to have damages multiplied or increased.
All issues and questions rights and obligations of Participant in connection with this Promotion shall be governed by, and construed in accordance with, the laws of the State of California, U.S.A., without giving effect to the conflict of laws rules thereof and any matters or proceedings which are not subject to arbitration as set forth in these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of California, County of Santa Clara.
The parties waive rights to trial by jury in any action or proceeding instituted in connection with these Official Rules and/or this Promotion. Any controversy or claim arising out of or relating to these Official Rules and/or this Promotion shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of California, County of Santa Clara, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
12. WINNERS LIST: For a list of the winners, send a stamped, self-addressed envelope to: Yahoo! Shine Designer Handbag Giveaway, Winners List Requests, Yahoo! Shine, 475 Sansome Street, Sixth Floor, San Francisco, CA 94111. Requests received after October 14, 2012 will not be honored.
13. SPONSOR: Yahoo! Inc., 701 First Avenue, Sunnyvale, CA 94089.