Official Rules: Yahoo Beauty Clinique 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.
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: You must be a legal resident of the Eligibility Area and 13 years or older at the time of entry. Void in overseas U.S. territories, possessions, commonwealths and military installations, and where prohibited by law. Employees and agents of Yahoo! Inc. (“Sponsor”), its 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 Yahoo, 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. Twitter, Inc. (“Twitter”), Clinique Laboratories, LLC, Estée Lauder Companies Inc. and Meghan Trainor are not sponsors of or in any way affiliated with, this Promotion.
2. How To Enter: Registration for the Promotion is open any time between 7:00 p.m. ET on February 8, 2015 and 8:59 p.m. ET on February 11, 2015 (the “Promotion Period”). A Twitter account is required to participate in this Promotion. If you are not an existing Twitter account holder, visit twitter.com and follow the instructions to register for a free Twitter account (your “Twitter Account”). Once logged into Twitter, set your Twitter Account to “follow” the Twitter address associated with the Promotion, @YAHOOBEAUTY (the “Promotion Twitter Address”). Your Twitter Account MUST “follow” the Promotion Twitter Address during the entire Promotion Period to be eligible to win. Next, register for the Promotion on the Twitter service using your Twitter Account by tweeting @YAHOOBEAUTY what makes you feel most confident (your “Post”). Your Post must be tagged with @YAHOOBEAUTY.
You will receive ONE entry in the Promotion (an “Entry”), when you submit a Post on the Twitter service during the Promotion Period, in accordance with the method described above. For purposes of these Official Rules, “receipt” of an Entry occurs when Yahoo receives your registration and entry information as properly submitted by you in accordance with the instructions above. In the event of a dispute regarding the identity of the holder of a Twitter account, the dispute will be resolved in favor of the individual who is the “authorized email account holder” of the “alternate email address” provided when the Twitter account 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 Yahoo is unable to verify the authorized account holder of a potentially winning Twitter account, that account will be disqualified and an alternate winner selected. 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, PER EMAIL ADDRESS AND/OR PER TWITTER ID, IN ACCORDANCE WITH THE ENTRY METHOD DESCRIBED ABOVE. Although subsequent attempts to enter may be received, only the first entry received from a particular individual in accordance with the entry method described above will count; subsequent attempts to enter will be disqualified. 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, “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 Yahoo before the end of the specified entry period will be included in the prize drawing. Unintelligible, incomplete, or garbled attempts to enter will be disqualified. All entries become the property of Yahoo, and none will be acknowledged or returned.
3. General Conditions of Entry:
By submitting an Entry in this Promotion, you represent and warrant that:
(a) YOU OWN ALL RIGHTS TO YOUR ENTRY; and
(b) ANY MATERIALS CONTAINED IN YOUR ENTRY: (i) ARE ORIGINAL TO YOU; (ii) DO 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; (iii) HAVE NOT BEEN ENTERED IN OR WON PREVIOUS CONTESTS OR AWARDS; AND (iv) HAVE NOT BEEN PUBLISHED PREVIOUSLY IN ANY MEDIUM.
4. License Grant to Promotion Entities:
(a) You grant to Promotion Entities, their partners, licensees, subsidiaries, and affiliates, an irrevocable worldwide, royalty-free, non-exclusive, sublicensable, perpetual and transferable right and license to use, distribute, reproduce, modify, adapt, publish, publicly perform, publicly display, exhibit and/or otherwise reuse your Entry, in any media, format or medium throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from you or from any other party, except as prohibited by law.
(b) You acknowledge and agree that: (i) Promotion Entities and other Promotion participants have access to and/or may create or have created literary, film, tape and/or other materials, ideas and concepts which may be similar or identical to your Entry in theme, idea, plot, format, characters and/or other respects; (ii) you 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 (iii) Promotion Entities’ use of material containing elements similar to or identical with those contained in your Entry or any submission shall not obligate Promotion Entities to negotiate with you, nor entitle you to any compensation or other claim.
(c) You agree 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 (i) any of your Entries in this Promotion (including, but not limited to, any and all claims of third parties, whether or not groundless, based on the submission of such other material); (ii) any breach by you of any warranty, agreement or representation contained in the Official Rules or terms of service or in any documentation submitted by you, including but not limited to trademark, copyright, or other intellectual property rights, right of publicity, right of privacy or defamation; (iii) your conduct during and in connection with this Promotion; or (iv) the acceptance of any prize.
5. Content Restrictions & Guidelines: All Entries submitted in connection with this Promotion:
(a) must be formatted and encoded according to the requirements set forth at twitter.com, and in compliance with any guidelines or terms provided by the Sponsor that may then be in effect;
(b) must be in English;
(c) must be suitable for display and publication as if intended to appear on U.S. national television (i.e., may not be obscene or indecent, including but not limited to obscenity 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, sexual orientation or socioeconomic group) or disparage the Promotion Entities in any way;
(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;
(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 or trademarks; and
(h) must not contain any copyrighted works (other than as owned by the Entrant). Use of any Elements that are not original or in the public domain may result in disqualification, in Sponsor’s sole discretion.
Entrants acknowledge that Yahoo may monitor and moderate all Entries posted, stored or uploaded through or in connection with the Promotion, but such review does not relieve the Entrant from his/her obligation to comply with these Official Rules. At any time during the Promotion, Sponsor reserves the right, in its sole and unfettered discretion, to disqualify any Entry that it deems: (a) to contain any inappropriate content, (b) to infringe the rights of any third party, or (c) to otherwise 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. The Promotion Entities do not endorse any Entry, take no responsibility and assume no liability for, any Entry posted, stored or uploaded by an Entrant or any third party, or for any loss or damage thereto.
Certain Entries may be featured from time to time by Sponsor during the Promotion Entry Period, in Sponsor’s sole discretion; however, being selected as a featured Entry is unrelated to the judging criteria of the Promotion and does not guarantee selection as a winner in the Promotion.
6. Conduct: By entering the Promotion, entrants agree to comply with and be bound by these Official Rules. The Official Rules will be posted at here and here (the “Promotion Website”) throughout the Promotion. Failure to comply with these Official Rules may result in disqualification from the Promotion. Entrants further agree to comply with and be bound by the decisions of the judges, which will be final and binding in all respects. Yahoo reserves the right at its sole discretion to disqualify any individual it finds to be: (a) tampering or attempting to tamper with the entry process or the operation of the Promotion or any Yahoo or Promotion-related website; (b) violating the Official Rules; (c) violating the terms of service, conditions of use and/or general rules or guidelines of any Yahoo or Promotion related property or service; or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. 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, YAHOO RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
7. Prize: One prize winner will receive $100 worth of Clinique cosmetic products in a limited-edition Clinique cosmetic bag autographed by Meghan Trainor. Approximate retail value of Prize: $400.
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 package with another prize of equal or greater value in the event that an 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. Yahoo expressly disclaims any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use of the Prize awarded, or while traveling to, preparing for, or participating in, any prize-related activity. Yahoo 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.
8. Winner Selection and Notification: Potential winner will be selected in a random drawing to be held immediately following the close of Promotion Period from among all eligible Entries received. Odds of winning depend on the number of eligible Entries received. Prize drawing will be conducted by a representative of the Sponsor, whose decisions are final.
Potential winner will be notified promptly after selection. Prize notification will be delivered by a Twitter update from Yahoo. Further instructions will be provided to potential winner at time of prize notification. Return of any prize/prize notification as undeliverable, or inability of Promotion Entities to contact a potential winner within five days following attempted notification may result in disqualification and selection of an alternate winner by random drawing. Any difference between actual value of a prize and the approximated value of a prize as stated in these Official Rules will not be awarded.
9. General Conditions: This Promotion is governed by the laws of the United States, including all applicable federal, state and local laws and regulations.
By entering, participants: (a) release and hold harmless Promotion Entities, and their respective parents, subsidiaries, affiliates, directors, officers, employees, and agents from any and all liability for any injuries, loss or damage of any kind to persons, including death, or property damage resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize, participation in this promotion, or while traveling to, preparing for, or participating in any prize-related activity, and (b) grant to Yahoo the right to use and publish their proper name and state online and in print, or any other media, in connection with the Promotion.
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.
10. Limitations of Liability: Promotion Entities assume no responsibility for lost, late, misdirected, garbled or unintelligible Entries or Tweets, or for theft, destruction or unauthorized access to, or alteration of, Entries. Promotion Entities are not responsible for any incorrect or inaccurate information, whether caused by website users, any of the equipment or programming associated with or utilized in the Promotion, or any technical or human error which may occur in the processing of submissions 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. 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, Yahoo reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion and select winners from among all eligible entries received prior to the cancellation.
11. Disputes/Governing Law: Except where prohibited, as a condition of participating in this Promotion, each 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 a 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). Participant further waives all rights to have damages multiplied or increased.
All issues and questions rights and obligations of a 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. Privacy: By entering the Promotion, you agree to Yahoo’s use of your personal information as described in Yahoo’s Privacy Policy, located at http://info.yahoo.com/privacy/us/yahoo/promotions/details.html.
13. Winner’s Name: The name of the prize winners may be obtained between February 13, 2015 and no later than May 14, 2015 by sending a self-addressed stamped envelope to: Yahoo Beauty Clinique Giveaway, Attention: Yahoo Beauty, 229 West 43rd, 9th Floor, New York, NY, 10036.
14. Sponsor: Yahoo! Inc., 701 First Avenue, Sunnyvale, CA 94089. Twitter, Inc., Clinique Laboratories, LLC, Estee Lauder Companies Inc. and Meghan Trainor are not a sponsor of, nor affiliated in any way with, this Sweepstakes.
