Yahoo PH Department of Tourism Campaign Contest
Terms and Conditions
1. This contest is run by Yahoo! Philippines Services Inc. (SEC Regn No. CS200808143), a company incorporated in Philippines and having its registered office at Unit 2, 20th Floor, Accralaw Tower, 2nd Avenue corner 30th Street, Crescent Park West, Bonifacio Global City, Taguig City ("Yahoo").
2. By entering this contest you agree to these terms and conditions which will at that time become binding between you and Yahoo. Your participation in the contest is in consideration for Yahoo allowing you to enter it and giving you the opportunity to win a prize. This is an irrevocable condition of entry.
3. No purchase is necessary in order to enter the contest. There is no fee charged to enter into this contest other than the cost of you accessing the Internet which you would otherwise have.
4. You must be at least 21 years of age and a citizen or permanent resident of India to enter into this contest and receive a prize if you win. Employees of Yahoo or any of its group companies or its agencies associated with this promotion, and their immediate family members, are not eligible to enter or participate. Entrants will be deemed to be the natural person to whom the email address (provided on entry) is registered. Only one entry per person is permitted.
5. The prizes for the contest (the “Prize”) are set out on the contest page http://in.lifestyle.yahoo.com/travel/its-more-fun-in-the-philippines/ (the “Contest Site”). Any pictures used to promote the prizes are for information only. There is no cash alternative instead of the prize. Yahoo reserves the right to change or substitute any of the prizes.
6. The contest will run from 00:00 hours on 24 September 2013 (Philippines time) to 23:59 hours on 15 November 2013 (Philippines time) (the “Contest Period”).
7. To be eligible for the contest, you must submit your application as detailed on the contest page at the Contest Site. Entries must be received no later than the expiry of the Contest Period, after which no further application will be accepted. Yahoo will not be responsible for and will not consider incomplete or incorrect entries. Yahoo is not responsible for entries that are sent but not received by Yahoo for any reason.
8. At the end of the Contest Period, all valid applications and Materials (as defined below) submitted as part of the Contest will be evaluated and judged by, and entirely in the sole and absolute discretion of, a panel of Yahoo representatives. Decisions by Yahoo are final.
9. The following criteria apply:
a. You must submit a video clip not longer than 2 minutes to prove why you should be chosen as the Yahoo Funbassador in your country. All video clips will be judge on the following criteria: Creativity of Video Submission (40%), Personality (40%) and “X Factor” (20%).
b. The video entries will then be screened and chosen by a panel of Yahoo representatives, DOT representative and a known local celebrity, and results of shortlisted participants will be announced on October 28, 2013.
c. Shortlisted Funbassadors will then be given their own profile pages within the Funbassador site, which you can use to campaign for votes. Members of the public will be invited to vote for the participant they consider to be the most creative and original (“Votes”).
d. One shortlisted participant from each country will be selected by a panel of judges on November 15, 2013 at 2400 hours to be the appointed Funbassador for that country (the “Winners”). Winners will be the entrants whose entries fulfill the entry criteria and whose video entries and profile pages are judged to best fulfill the criteria set out at paragraph 4 above. The panel of judges will take the Votes into consideration in determining whether the criteria are met and to what extent, however the Votes alone will not be determinative in the selection of the Winners.
10. Each winner of a Prize will be notified by email and via a call within one day after the end of the Contest Period. If Yahoo is unable to contact any initial selected winner, Yahoo reserves the right to select another contestant as a winner. The details of each winner including any picture and video may be posted on Yahoo websites. Every reasonable effort will be made to contact the winners. If a winner cannot be contacted within two days of the end of the Contest Period, the Prize will revert to Yahoo and may be awarded to another entrant at Yahoo’s absolute discretion.
11. The Prizes will be available for collection on the 3rd week of November of 2013.
12. Winners will be required to present a proof of identification and Yahoo’s email notification when claiming the Prize. In the event that a representative is collecting the Prize, the winner’s authorization letter and proof of identification as well as the representative’s proof of identification will be required.
13. Winners must collect their Prizes by the 3rd week of November of 2013. Yahoo does not accept any responsibility for any winner's failure to collect his/her Prize. Yahoo may award, assign or dispose of any uncollected Prizes in any manner in its sole discretion.
14. 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. For the avoidance of doubt, except as specifically stated, the prizes do not include and Yahoo will not be responsible or liable for any tax, insurance, telecommunication charge, travel expense and/or any other personal expense that the winners incur or may incur in connection with the acceptance, receipt or use of the Prizes or travel to and from the Prize redemption venue, which will remain the sole responsibility of the winners. Yahoo expressly disclaims any responsibility or liability for any damage, injury or loss to or suffered by any person, entity or property directly or indirectly arising from or relating to the delivery, collection and/or subsequent use of any Prize. Yahoo makes no representations or warranties, whether express or implied, or in fact or in law, concerning the quality, appearance, safety or performance of any Prize awarded. Yahoo is not obliged to and will not replace any Prize with a similar prize or any other prizes, in the event the winner and/or his/her designee or nominee are unable to enjoy the Prize. Yahoo will not replace any lost or stolen prize items.
16. You represent and warrant that you own all rights, titles and interests to and in any slogan and/or any other materials submitted via your application or entry on the Contest Site (the “Materials”) and can provide written confirmation of any of the above upon request. You further warrant and represent that the Materials are original and have been legally obtained and created, and do not infringe the intellectual property rights or any other legal or moral rights of any third party.
17. All Materials submitted by you to Yahoo for this Contest shall be subject to the Terms of Service set out at http://info.yahoo.com/legal/ph/yahoo/utos/en-ph/
18. You hereby grant to Yahoo and its affiliates, legal representatives, assigns and licensees, the right and permission to copy (as appropriate), reproduce, encode, store, copy, transmit, publish, broadcast, display, publicly perform, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times used), your name, address, image, voice, likeness, statements, and biographical material (in each case, as submitted or as edited by Yahoo, in Yahoo's sole discretion), as well as any additional photographic images, video images, portraits, interviews or other materials relating to you and arising out of your participation in this contest (with or without using your name) (collectively, the "Additional Materials") in any media throughout the world for advertising and publicity purposes without additional review, compensation, or approval.
19. You agree to indemnify and hold Yahoo and its respective subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and any of their employees (collectively, the "Contest Entities"), 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 Contest Entities due to or arising out of your Materials or Additional Materials in this contest, including but not limited to trademark, copyright, or other intellectual property rights, right of publicity, right of privacy and defamation.
21. Except as otherwise required by applicable law, Yahoo is not responsible for any loss or damage associated with you entering into this contest, the carrying out of the draw or the provision or otherwise of any aspect of any prize or any act or omission of any other person or party, and all warranties, conditions and representations (of any kind) not expressly set out in these terms and conditions are hereby excluded.
22. Yahoo may terminate these terms and conditions, the contest or any prize if you do not comply with any of these terms and conditions or are unlikely to do so, if Yahoo decides in its absolute discretion to withdraw the contest before any winners are notified, or thereafter if any circumstances beyond Yahoo’s reasonable control prevent or restrict Yahoo or any other person or party from providing the Prize or any aspect of the Prize.
23. Yahoo reserves the right, in its sole and absolute discretion, to alter the contest rules at any time.
24. Yahoo will have the right at its sole discretion to disqualify any participant found to be or in Yahoo’s reasonable opinion has been: (a) tampering or attempting to tamper with the submission of entries, the selection process or any Yahoo property or service; (b) violating these terms and conditions or any applicable law or regulation; (c) violating the terms of service, conditions of use and/or general rules or guidelines of any Yahoo property or service; (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; or (e) improperly obtaining or attempting to improperly obtain an unfair advantage, over other participants in this contest. Further, Yahoo reserves the right to disqualify any entry or application which, in Yahoo's sole opinion, is deemed to be offensive, disparaging to the Yahoo or otherwise portraying Yahoo in a negative manner, libellous, slanderous, inflammatory, or otherwise inappropriate in any way for this contest.
25. You agree that (unless applicable law requires otherwise) any right that you have under applicable law to cancel ends when the winner of the contest is announced. If thereafter you cannot participate in any prize for reasons beyond your reasonable control, you must notify Yahoo and Yahoo may in its absolute discretion give that prize to someone else.
26. You may not assign or transfer your rights or obligations, or subcontract your obligations, under these terms and conditions, such as giving a prize to anyone else, without Yahoo’s prior written consent. Yahoo may assign or transfer its rights or obligations, or subcontract its obligations, under these terms and conditions without your consent.
27. Yahoo or its licensors retain and reserves all rights in and to each website, and all aspects of the contest and each prize, including all derivatives, developments, modifications and improvements.
28. These terms and conditions, and any instructions from Yahoo, constitute the entire agreement between you and Yahoo, superseding any prior agreements between you and Yahoo on the subject matter herein. Any failure or delay by Yahoo in exercising or enforcing, or partial exercise or enforcement of, any right or provision of these terms and conditions shall not constitute a waiver of such right or provision (or waive any further exercise or enforcement) or any other right or provision. If any provision of these terms and conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision and the other provisions of the terms and conditions will remain in full force and effect.
29. This Agreement shall be governed by the laws of the Republic of the Philippines. All actions arising out of or relating to this Agreement will be solely and finally settled by arbitration in accordance with the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules. All arbitration proceedings shall be conducted in the English language and shall exclusively take place in the Philippines. Any claim against Yahoo will be adjudicated on an individual basis and will not be consolidated in any proceeding with any claim or controversy of any other party.