Official Rules: Yahoo Beauty Mother’s Day Giveaway

The Yahoo Beauty Mother’s Day Promotion

Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.

Promotion may only be entered in or from the 50 United States and the District of Columbia and entries originating from any other jurisdiction are not eligible for entry.  This Promotion is governed exclusively by the laws of the United States.  You are not authorized to participate in the Promotion if you are not located within the 50 United States or the District of Columbia.

1. Eligibility. Participation in the Yahoo Beauty Mother’s Day Promotion (“Promotion”) is open only to legal residents of the fifty United States and the District of Columbia, who are at least eighteen (18) years of age.  Void outside of the 50 United States, the District of Columbia, and where prohibited, taxed or restricted by law.  Employees, officers and directors of Yahoo! Inc. (“Sponsor”), and its respective parent companies, subsidiaries, affiliates, partners, advertising and promotion agencies, manufacturers or distributors of promotion materials, and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees, officers and directors are not eligible to enter.  You are not authorized to participate in the Promotion if you are not located within the 50 United States or the District of Columbia.  All federal, state and local laws and regulations apply.

2. Promotion Entry Start/End Dates.  Promotion begins at 12:00:00 AM Eastern Time on April 29, 2015 and ends at 11:59:59 PM Eastern on May 6, 2015 (“Promotion Period”).

3. How to Enter.  To enter, you must first write a post with an inspirational story from your mother or mother-figure (your “Submission”), and then during the Promotion Period, visit Sponsor’s page, located at www.facebook.com/yahoobeauty (“Sponsor’s Page”), and follow the links and instructions to enter by uploading your Submission, providing any other required information, agreeing to these Official Rules,  and clicking “Post”.

You must have a Facebook account to enter via this method.  If you do not have a Facebook account, you can create one by visiting www.facebook.com. Facebook accounts are free.

Important Notice: If you choose to enter via Facebook on your mobile device using a mobile device on a wireless service provider’s network (as opposed to on a Wi-Fi network), your wireless carrier’s text and data rates apply.  You should consult your wireless service provider’s pricing plan for details.  You agree to incur any and all charges demanded by your wireless carrier.

All entry information shall be collectively referred to herein as the “Submissions” or each entrant’s information as a “Submission.”  Submissions must comply with the Content Guidelines and Restrictions in Section 5 below.  Limit to one (1) Submission per day. Entrants are not permitted to submit each unique Submission more than once during the Promotion Period.  Duplicate Submissions by the same person will be subject to disqualification.  All terms and conditions and terms of use of Facebook.com apply to entrant’s Submission.  Multiple entrants are not permitted to share the same Facebook account.  Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different Facebook accounts, identities, registrations and logins, or any other methods will void that entrant’s entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification.  In the event of a dispute as to any Facebook account, the authorized account holder of the email address used to register on the platform will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address.  Each potential winner may be required to show proof of being the authorized account holder.

4. Submission Requirements. All Submissions should be the original, unpublished and sole work of the respective entrant.  By entering, all entrants warrant and represent that (a) their respective Submissions are their own fully original creations, (b) their respective Submissions (including, but not limited to, any materials integrated into their Submissions) will not infringe or violate the rights of any third parties, including but not limited to copyrights, trademarks and/or rights of publicity/privacy, and © any third party (excluding entrant’s own children) whose person or property appears in the Submission has given entrant appropriate written consent (which shall be provided to Sponsor upon request thereof) for such person or property to be photographed and used as permitted herein. Sponsor reserves the right to request releases from any third parties appearing in any Submissions at any time.  Failure to produce third party releases upon Sponsor’s request may result in disqualification, as determined by Sponsor is its sole and absolute discretion.

Providing a Submission constitutes entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Submissions in whole or in part, on a worldwide basis, in perpetuity, and to incorporate it into other works, in any form, media or technology now known or later developed, for any purpose whatsoever, including for promotional or marketing purposes.

5. Submission Guidelines and Content Restrictions: By entering the Promotion, each entrant agrees that entrant’s Submission conforms to the Submission Guidelines and Content Restrictions as defined below (collectively, the “Guidelines and Restrictions”) and that Sponsor, in its sole discretion, may remove any Submission and disqualify an entrant from the Promotion if it believes, in its sole discretion, that the entrant’s Submission fails to conform to the Guidelines and Restrictions.

Submission Guidelines:

- The Submission must not exceed 500 characters in length.

- The Submission must be in English.

Content Restrictions:

- The Submission must not contain material that violates or infringes any rights of any other party, including but not limited to copyright, trademark, privacy, publicity or any other intellectual property rights;

- The Submission must not disparage Sponsor or any other person or party;

- The Submission must not contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous;

- The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;

- The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations of the United States or of any jurisdiction where Submission is created; and

- The Submission must be consistent with the image and values of Sponsor and be consistent with and satisfy the purpose of the Promotion.

Each entrant acknowledges that other entrants may have used ideas and/or concepts in their Submission that may be similar in idea or concept to what is included in entrant’s Submission. Each entrant understands and agrees that he/she shall not have any claim against any other entrant or Sponsor arising out any such similarity or be entitled to any compensation because of any such similarity.

Sponsor’s decisions are final and binding in all matters relating to this Promotion, including, but not limited to, interpretation and application of these Official Rules.  By entering the Promotion, entrants fully and unconditionally agree to be bound by these rules and the decisions of the judges, which will be final and binding in all matters relating to the Promotion.

6.  Winner Selection: All valid Submissions received during the Promotion Period will be judged by the editors of Yahoo Beauty, based on the number of shares, likes, and comments.

The entrant who submitted the Post that receives the highest total number of shares, likes and comments will be named the potential winner, subject to Sponsor’s final verification. The judges reserve the right to select no winners if there are an insufficient number of eligible, complete, tasteful, or otherwise appropriate Entries. In the event of a tie, the winner will be selected by random drawing from all potential winners.

7. Prize(s). One (1) Grand Prize: Five-Hundred Dollar ($500.00) gift card to Bloomingdale’s. Total approximate retail value of all prizes combined: $500.00. Prize is non-transferable.  No substitutions or cash redemptions.  In the case of unavailability of prize, Sponsor reserves the right to substitute a prize of equal or greater value. All taxes and unspecified expenses are the responsibility of winner.  Limit one (1) prize per person or household.

8. Notification. Potential winner will be notified on or about May 11, 2015 by Facebook message and may be required to sign and return, where legal, an Affidavit/Declaration of Eligibility, Liability/Publicity Release and/or rights transfer document within five (5) days of receipt.  Additionally, winner may be required to obtain releases from any and all third parties appearing in their respective Submissions.  If winner is considered a minor in his/her jurisdiction of residence, Affidavit of Eligibility, Liability/Publicity and rights transfer document must be signed by his/her parent or legal guardian.

If any winner cannot be contacted within five (5) calendar days of first notification attempt, if any prize or prize notification is returned as undeliverable, if any winner rejects his/her prize or in the event of noncompliance with these Promotion rules and requirements, such prize will be forfeited and may be awarded to the Submission with the next highest score. Upon prize forfeiture, no compensation will be given.

9. Conditions. BY PARTICIPATING, ENTRANTS AND WINNERS AGREE TO RELEASE AND HOLD HARMLESS SPONSOR, FACEBOOK, BLOOMINGDALE’S AND THEIR ADVERTISING AND PROMOTIONS AGENCIES AND THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, PARTNERS, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNS, EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, “RELEASED ENTITIES”), FROM ANY AND ALL LIABILITY, FOR LOSS, HARM, DAMAGE, INJURY, COST OR EXPENSE WHATSOEVER INCLUDING WITHOUT LIMITATION, PROPERTY DAMAGE, PERSONAL INJURY AND/OR DEATH WHICH MAY OCCUR IN CONNECTION WITH, PREPARATION FOR, TRAVEL TO, OR PARTICIPATION IN PROMOTION, OR POSSESSION, ACCEPTANCE AND/OR USE OR MISUSE OF PRIZE OR PARTICIPATION IN ANY PROMOTION-RELATED ACTIVITY AND FOR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT OR ANY OTHER INTELLECTUAL PROPERTY-RELATED CAUSE OF ACTION.  Any and all federal, state and local taxes are the sole responsibility of the winners.  Participation in Promotion and acceptance of prize constitutes each winner’s permission for Sponsor to use his/her name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information, and/or any statements made by each winner regarding the Promotion or Sponsor for advertising and promotional purposes without notice or additional compensation, except where prohibited by law. Entrants who do not comply with these Official Rules, or attempt to interfere with this Promotion in any way shall be disqualified.  Sponsor is not responsible if Promotion cannot take place or if any prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism.

10. Additional Terms. All entries become the sole and exclusive property of the Sponsor and receipt of entries will not be acknowledged or returned. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic.  Proof of submission will not be deemed to be proof of receipt by Sponsor.  Any attempted form of entry other than as set forth above is prohibited; no automatic, programmed; robotic or similar means of entry are permitted. Released Entities are not responsible for, and are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Promotion, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Promotion or downloading any materials in this Promotion. Released Entities are not responsible for any typographical, printing, or other error in any Promotion materials, or for any errors or problems which may occur in connection with the administration of the Promotion, the processing of entries, or in the announcement of prizes, including such error that may give an erroneous indication that a prize has been won. In no event will a greater number of prizes than stated in these Official Rules be awarded. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Promotion should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Promotion. In such case, Sponsor may select the winners from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Promotion or web site.  Sponsor may prohibit an entrant from participating in the Promotion or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives.

CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

11.  Limitation of Liability; Disclaimer of Warranties.  IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE AND/OR THE PROMOTION, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE PROMOTION. WITHOUT LIMITING THE FOREGOING, THIS PROMOTION AND ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

12. Disputes; Governing Law.  The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Promotion. Any controversy or claim arising out of or relating to these Official Rules and/or the 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.

THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Promotion, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of Santa Clara in the State of California.  The parties agree not to raise the defense of forum non conveniens.

13.  Use of Data.  Sponsor will be collecting personal data about entrants online, in accordance with its privacy policy.  Please review Sponsor’s privacy policy at http://info.yahoo.com/privacy/us/yahoo/promotions/details.html. By participating in the Promotion, entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s privacy policy.

14. Name of Winner/List of Winners. To obtain a list of winners, send a self-addressed, stamped envelope by August 10, 2015 to: July 26, 2015 to Tara Tersigni, Yahoo! Inc., 229 West 43rd Street, New York, NY, 10036.

15. Sponsor:  Yahoo! Inc., 701 First Avenue, Sunnyvale, CA, 94089.

THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK, INC. YOU ARE PROVIDING YOUR INFORMATION TO SPONSOR AND NOT TO FACEBOOK.