Official Rules:
Yahoo! Earth Day 2008 Free Is Good Promotion
THE FOLLOWING PROMOTION IS INTENDED FOR PLAY IN CANADA ONLY (EXCLUDING QUEBEC) (COLLECTIVELY, THE “ELIGIBILITY AREA”) AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO THE LAWS OF CANADA. DO NOT ENTER THIS PROMOTION IF YOU ARE NOT LOCATED AND LEGALLY RESIDING IN THE ELIGIBILITY AREA DURING THE ENTIRE TERM OF THIS PROMOTION. SEE BELOW FOR ADDITIONAL ELIGIBILITY RESTRICTIONS.
NO ENTRY FEE OR PURCHASE IS REQUIRED TO PARTICIPATE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
PARTICIPATION IN THIS PROMOTION CONSTITUTES YOUR ACCEPTANCE OF THE TERMS OF THESE OFFICIAL RULES.
1. About The Promotion: Yahoo! Canada Co. (“Sponsor”) is pleased to offer the Yahoo! Earth Day 2008 Free Is Good Promotion (the “Promotion”) to select “reuse” groups on the Yahoo! Canada Network (“Reuse Group”). Reuse Groups are groups whose primary focus is dedicated to recycling a wide variety of tangible goods by offering them to others in the community through the group for free. Beginning on April 16, 2008, and ending on April 19, 2008, Sponsor will contact the moderators of at least six (6) randomly-selected Reuse Groups, which will be selected from among all Reuse Groups that have 100 or more members and 30 or more messages posted during the month of March 2008, to request their participation in this Promotion. Sponsor may contact additional Reuse Groups as alternates in which to post prizes if any prizes go unclaimed. To participate, a selected Reuse Group must add Sponsor’s representative as a member of the group. During the group selection phase, all contact from Sponsor will go directly to the moderator. If the moderator informs Sponsor that he or she will not add Sponsor to the group so that the group may participate in the Promotion or does not respond to Sponsor’s request within 48 hours from the time Sponsor sends the request, that Reuse Group will not be able to participate in the Promotion and Sponsor will move onto the next randomly-selected Reuse Group.
Starting at 9:01:00 pm Pacific Time (“PT”) on April 20, 2008 and ending at 8:59:59 pm PT on May 4, 2008, Sponsor will post prizes within each of the approximately six (6) participating Reuse Groups. The prizes listed in Section 6 will be randomly posted to the participating groups. The first eligible member whose response to the prize posting is received (determined by Sponsor in its sole discretion) will win the prize posted, subject to verification. Prizes must be claimed within 48 hours of the initial posting. If a prize is not claimed within that time, Sponsor will post the prize in another randomly-selected Reuse Group.
2. Eligibility: The Promotion is open only to persons who:
(a) are at least the age of majority in their Province/Territory of residence;
(b) have a Yahoo! ID and are a member of a Reuse Group (defined above); and
(c) are legal residents of Canada (excluding Quebec) .
Reuse Group moderators for the Reuse Group for which he or she is a moderator are not eligible to claim or win a prize. Employees and agents of Sponsor, participating media outlets, and each of their respective affiliates, subsidiaries, advertising and promotional agencies, any other prize sponsor/supplier, 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 households as such individuals, whether related or not, are not eligible to participate or win. For the purpose of this Promotion, relatives are defined as spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren.
If you do not already have a Yahoo! ID, you can obtain one for free by visiting any number of web sites on the Yahoo! network, including http://green.yahoo.com/ca/earth-day/ and http://ca.groups.yahoo.com/, clicking “sign up” and following the onscreen instructions to obtain an ID for free. And, if you are not already a member of a Reuse Group for the geographic area in which you reside, you can become one for free by locating a Reuse Group in your area (visit http://green.yahoo.com/ca/earth-day/find-a-group.html or http://ca.groups.yahoo.com/ and browse or search for “recycling” or “reuse” groups in your area). Follow the on-screen instructions to become a member, including requesting that the Reuse Group moderator make you a member. Sponsor is not responsible for a moderator’s non-response or other failure to admit you into a Reuse Group.
3. How to Participate:
If Sponsor posts a message offering a prize in this Promotion in your Reuse Group, respond to the message with a “claim” e-mail message to Sponsor and include your first and last name, your e-mail address, and your Yahoo! ID (an “Entry”). Sponsor will only post prize offers for this Promotion using an e-mail address bearing the “@yahoo-inc.com” extension. Sponsor will not request financial information, such as credit card numbers or bank account numbers, via e-mail for this Promotion. To be notified when postings are made to your Yahoo! group, sign into your account and modify your account settings.
PRIZES MUST BE CLAIMED WITHIN 48 HOURS OF SPONSOR POSTING THE PRIZE OFFER. If they are not claimed, Sponsor will post the prize in another randomly-selected Reuse Group. LIMIT ONE PRIZE CLAIM PER PERSON regardless of the number of Reuse Groups of which he or she is a member. Submitting multiple entries in connection with this Promotion may result in disqualification from participation. All Entries received become the property of Sponsor and will not be returned or acknowledged. For the purposes of this Promotion and these Official Rules, “receipt” of an Entry occurs when Yahoo!'s servers record receipt of the message after the participant clicks the “send” button when sending the “claim” message. Any automated computer receipt (such as one confirming delivery of email) does not constitute proof of actual receipt of an Entry by Sponsor. The Promotion Entities assume no responsibility for advising a participant of an incomplete or otherwise non-compliant submission or Entry. Late, unintelligible, incomplete, or garbled Entries will be disqualified. Sponsor assumes no liability for lost, damaged or misdirected Entries.
4. Winner Selection and Notification:
Sponsor, whose decisions are final, will review the “claim” e-mail messages to determine the potential winner of the group’s prize, which will be the first received email from an eligible participant who responded to the Sponsor’s prize offer, subject to verification and provided the potential winner correctly answers a mathematical skill-testing question administered by Sponsor. Sponsor may or may not notify a Reuse Group that a prize has been claimed and may leave a prize post up after it has been claimed because potential winners must be verified before Sponsor can officially declare a winner of a prize.
Sponsor will notify potential prize winners that they are eligible to win a prize no later than May 20, 2008 via email, mail, telephone and/or overnight courier, in Sponsor’s sole discretion. Winners may be required (in Sponsor’s sole discretion) to sign and return a prize claim, a declaration of eligibility and liability/publicity release (collectively “Prize Documentation”) within the time frame specified by Sponsor or prize may be forfeited. Sponsor will submit to each potential winner a mathematical skill-testing question with the Prize Documentation, and each winner must send the correct answer to their question back to Sponsor with the signed Prize Documentation within the specified time frame or prize may be forfeited. All prize claims, declarations of eligibility and liability/publicity releases are subject to verification by Sponsor. Please see below in the prizing section for additional requirements and restrictions specific to the prizes in this Promotion.
Rejection or return of any prize, prize notification, or Promotion-related correspondence as undeliverable, or inability of Promotion Entities to contact a potential winner after a reasonable attempt has been made (as determined by the Promotion Entity in its sole discretion) may result in disqualification and selection of the next eligible claimant as the potential winner.
5. General Conditions of Entry: By entering the Promotion, each participant:
A. agrees to be bound by these Official Rules, which will be posted at the Promotion Site (http://green.yahoo.com/ca/earth-day/) throughout the Promotion, and by the standard policies, rules and regulations governing the Yahoo! service, including, without limitation, the Yahoo! Terms of Service (http://ca.docs.yahoo.com/info/terms/), and acknowledges that failure to comply with any of the above will result in disqualification from the Promotion;
B. agrees to comply with and be bound by the decisions of the Sponsor, which shall be final and binding in all respects, including interpretation of these Official Rules and awarding of the prizes; and
C. consents to Sponsor’s and its designees’ use of his/her name and/or picture and/or likeness or biographical information or voice for trade, advertising, promotional and/or any other purpose in any media now or hereafter known throughout the world in perpetuity without any further compensation, consideration, permission or notification except where prohibited by law.
6. Prizes/Odds:
| Number of prizes | General Prize Descriptions (see below for details) | Approximate retail value (“ARV”) of each (in Canadian dollars) |
|---|---|---|
| 1 | Arbor Eco friendly snowboard - A-Frame | $537 |
| 1 | Arbor Eco friendly snowboard - Element | $507 |
| 1 | Arbor Eco friendly snowboard - Crossbow | $476 |
| 1 | Arbor Eco friendly snowboard - Roundhouse | $491 |
| 1 | Arbor Eco friendly snowboard - Westmark | $404 |
| 1 | Arbor Eco friendly snowboard - Formula | $304 |
Total Approximate Retail Value (“ARV“) of all prizes: $2719.00. All prizes will be randomly posted to the participating Reuse Groups.
Odds of the Reuse Group to which you belong being selected for this Promotion are approx. 1 in 4 as of April 9, 2008. Odds of winning a prize depend on the number of members in the Reuse Group to which you belong as well as how quickly you respond to a prize posting by Sponsor within that Reuse Group.
Sponsor is not responsible for and winner will not receive the difference between the actual value of a prize at the time of award and the stated ARV in these Official Rules. If a winner does not accept or use an entire prize, that unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligations with respect to that prize. All prize details not stated or specified in these Official Rules will be determined at Sponsor’s sole discretion. Prizes cannot be used in conjunction with any other promotion or offer. Prizes may not be transferred or assigned except by Sponsor at its sole discretion. Only listed prizes will be awarded and no substitutions, equivalents or redemptions will be made or allowed, except that Sponsor reserves the right to substitute a prize or any 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 are the sole responsibility of the winner. Sponsor 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 prizes awarded. Sponsor makes no representations or warranties concerning the appearance, safety, or performance of any prize awarded. Restrictions, conditions, and limitations apply. No more than the stated prizes or number of prizes will be awarded.
By entering this Promotion and accepting a prize, each winner agrees to maintain his/her behaviour in accordance with all applicable laws and generally accepted social practices in connection with participation in any Promotion-related activity. Each winner understands and agrees that Sponsor has the right, in its sole discretion, to disqualify and remove the winner (as applicable) from any activity at any time if the winner or his or her guest’s (as applicable) behaviour at any point is disruptive or may or does cause damage to person, property, or the reputation of Sponsor or otherwise violates the policies of the prize providers.
8. General Conditions:
All Canadian federal, provincial and local laws and regulations apply.
Sponsor reserves the right at its sole discretion to disqualify the 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! Canada web site; (b) violating the Official Rules; (c) violating the terms of service, conditions of use and/or general rules or guidelines of any Yahoo! Canada 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 A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DAMAGE ANY WEB SITE 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 DISQUALIFY AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
In the event of a dispute regarding the identity of the holder of the Yahoo! ID associated with a particular entry, the dispute will be resolved in favour of the individual who is both the authorized holder of the Yahoo! ID 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 “alternate email address” provided when the Yahoo! 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 Yahoo! ID and the authorized email account holder of the alternate email address provided when the Yahoo! ID was created, that Yahoo! ID will be disqualified and any potential prize will be forfeited. A potential prize winner may be required to provide Sponsor with proof that he/she is the authorized account holder as described above.
BY ACCEPTING A PRIZE, EACH WINNER AGREES TO RELEASE, INDEMNIFY AND HOLD HARMLESS PROMOTION ENTITIES, AND THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL LIABILITY FOR ANY INJURIES, LOSS OR DAMAGE OF ANY KIND TO PERSONS, INCLUDING BUT NOT LIMITED TO DEATH, OR PROPERTY, 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 PROMOTION- OR PRIZE-RELATED ACTIVITY. EACH WINNER AGREES THAT THE PRIZE WON IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
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, or for theft, destruction or unauthorized access to, or alteration of, an entry or prize claim. Promotion Entities are not responsible for any incorrect or inaccurate information or false or misleading postings, whether caused by web site users, Promotion 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 transmission, receipt or 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 web site, 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 a Reuse Group web site or any web site related to an Entry or to this 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.
10. 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 participant and Sponsor, 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 legal fees, other than participant'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 disputes between a participant and Sponsor in connection with this Promotion shall be governed by, and construed in accordance with, the laws of the Province of Ontario and the laws of Canada applicable therein, 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 Toronto, Ontario .
11. Official Rules: For a copy of the Official Rules, visit http://green.yahoo.com/ca/earth-day/rules.html or send a self-addressed, stamped envelope to: Yahoo! Canada, Yahoo! Earth Day 2008 Promotion, 207 Queens Quay West (8th floor) Suite 801, Toronto, M5J1A7, CA. Requests received after May 4, 2008 will not be honoured.
12. Sponsor: Yahoo! Canada Co., 207 Queens Quay West (8th floor) Suite 801, Toronto, M5J1A7, CA.
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