Yahoo! Earth Day 2008 Free Is Good promotion

THE FOLLOWING 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 THE LAWS OF THE UNITED STATES. 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! Inc. (“Sponsor”) is pleased to offer the Yahoo! Earth Day 2008 Free Is Good Promotion (the “Promotion”) to select “reuse” groups on the Yahoo! 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 14, 2008, and ending on April 19, 2008, Sponsor will contact the moderators of at least 218 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 they 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 218 participating Reuse Groups. The prizes listed in Section 5 will be randomly posted to the participating groups, except that the Sheryl Crow concert tickets will be posted to those groups nearest in proximity to the concert venues. 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, 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 18 years old;
(b) have a Yahoo! ID and are a member of a Reuse Group (defined above); and
(c) are legal residents of one (1) of the fifty (50) United States or the District of Columbia.

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, Home Depot Inc., 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. Void in overseas U.S. territories, possessions, commonwealths and military installations, and where prohibited by law.

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 green.yahoo.com and 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/earth-day/find-a-group.html or 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 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. 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 winners must be verified before Sponsor can officially declare a winner of a prize.

Sponsor or Sponsor's representative (together, the “Promotion Entities”) will notify potential prize winners that they may have won a prize no later than May 20, 2008 via email, U.S. mail, telephone and/or overnight courier, in Sponsor's sole discretion. Prizes won by participants who are minors in the state in which they reside may (in Sponsor's sole discretion) be awarded to that participant's parent or legal guardian. Winners (or winner's parent/legal guardian if the winner is a minor in the state in which they reside) may be required (in Sponsor's sole discretion) to sign and return a prize claim, an affidavit of eligibility and liability/publicity release within the time frame specified by Sponsor or prize may be forfeited. The guest of each trip or event prize winner (or the guest's parent/legal guardian if the guest is a minor) may also be required (in Sponsor's sole discretion) to sign a liability/publicity release within the time frame specified by Sponsor. In the event of noncompliance with this requirement, such trip prize winner and/or guest will be refused travel and prize may be forfeited. All prize claims, affidavits 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 winner.

5. General Conditions of Entry: By entering the Promotion, each participant (or the parent/legal guardian of each participant who is a minor in the state in which they reside):

A. agrees to be bound by these Official Rules, which will be posted at the Promotion Site throughout the Promotion, and by the standard policies, rules and regulations governing the Yahoo! service, including, without limitation, the Yahoo! Terms of Service, 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
1 2008 Smart Passion Coupe $17,500
3 Ecotrip to national park or recreational area $2,500
3 Ecotrip to ecoresort $2,500
6 2 Sheryl Crow concert tickets & autographed “Detours” cd $300
20 Public transportation passes for 1 year $540
20 Organic food delivery service for 1 year $550
10 Green home upgrade: Energy audit and money to implement suggestions $450
15 1 year supply of toilet paper $144
20 Organic cooking party for 6 people $450
20 Eco-maid cleaning service $200
60 Solio solar charger $120
25 Voltaic solar backpack $250
15 National Park Service Annual Pass $80

Total ARV of all prizes: $90,410. The above prizes will be randomly posted to the participating Reuse Groups, except that the Sheryl Crow concert tickets will be posted to those groups nearest in proximity to the concert venues.

Odds of winning a prize depend on how quickly you respond to a prize posting by Sponsor in the Reuse Group to which you belong.

The following applies to the Smart car prize:

The one (1) Smart car prize winner will receive a 2008 Passion Coupe smart car. Smart car prize winner may be required to provide his or her valid drivers license and proof of automobile insurance and to comply with any other legal or dealership requirements before being able to take possession of the Smart car prize. Winner of the Smart car prize in this Promotion is solely responsible for all applicable excise tax (including sales tax), E.P.A. tax or fee, car title, license, and registration fees, freight, delivery, dealer preparation, automobile insurance, emissions inspection, additional equipment, all federal, state, and local taxes, insurance, gasoline, vehicle maintenance, and all other fees and expenses not specified herein associated with the receipt and use of the Smart car prize. The Smart car prize winner is not eligible for any cash rebate programs. Interior/exterior colors of and specific package details of chosen vehicle to be determined by applicable dealership or Sponsor, at their sole discretion. Any vehicle options above the package chosen by Sponsor for the prize vehicle are the automobile prize winner's responsibility. Smart car prize winner is responsible for all fees associated with options or upgrades not mentioned herein. Prize vehicle will be delivered to automobile prize winner at a participating Smart car dealership or other location designated by Sponsor at its sole discretion. Smart car prize winner should allow 6-8 weeks for delivery of the prize vehicle to the dealership or location selected by Sponsor.

The following applies to the national park trip prizes:

Three (3) national park trip prize winners will receive an ecotrip worth up to $2500, consisting of accommodations for winner and one (1) guest for three (3) nights (based on double occupancy) in or near a national park or federal recreation area (listed on nps.gov) near winner's residence to be determined in Sponsor's sole discretion and a gift certificate(s) or gift card(s) for meals at a restaurant or activities in or near the park or recreational area (chosen in Sponsor's sole discretion). Accommodations may be awarded in the form of a gift certificate or gift card. Gift certificate(s) or gift card(s) may have an expiration date by which they must be used. Trip prize does not include airfare or ground transportation. .

The following applies to the ecoresort trip prizes:

Three (3) ecoresort trip prize winners will receive an ecotrip worth up to $2500, consisting of accommodations for winner and one (1) guest for three (3) nights (based on double occupancy) at an ecoresort near winner's residence to be determined in Sponsor's sole discretion and a gift certificate(s) or gift card(s) for meals at a restaurant or activities in or near the ecoresort (chosen in Sponsor's sole discretion). Accommodations may be awarded in the form of a gift certificate or gift card. Gift certificate(s) or gift card(s) may have an expiration date by which they must be used. Trip prize does not include airfare or ground transportation.

The following applies to all trip prizes:

The value of each trip prize may vary depending on the cost of accommodations at time of reservation. Specific accommodation arrangements will be made in Sponsor's sole discretion. Minors must be accompanied by their parent/legal guardian on the trip. Except as specifically provided in these Official Rules, trip prizes do not include transportation, airfare, car rental, ground transportation, travel arrangements between winner's home and location of trip accommodations, taxes, insurance, telephone charges, personal expenses, gratuities, passenger facility charges (PFCs), departure taxes, incidental charges, in-room charges or any other item not specifically described in these Official Rules, and all expenses for any of the foregoing are the sole responsibility of the prize winner. Winner may be required to provide a credit card to cover incidentals and related expenses at the time of hotel check-in. Once confirmed, travel arrangements and accommodations cannot be changed by winner; however, travel is subject to availability, blackout dates, and/or change due to circumstances beyond Sponsor's control. Winner and his or her guest must travel on the same dates and itinerary. Failure to complete the trip prize does not relieve the trip prize winner of his or her tax obligations associated with winning the trip prize. No extensions will be permitted, and any unused travel will be forfeited, and no compensation awarded in lieu thereof. NO RESPONSIBILITIES ARE ACCEPTED BY THE PROMOTION ENTITIES FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS, OR CANCELLATIONS RESULTING FROM ANY ACTS OF ANY GOVERNMENT OR AUTHORITY. EACH TRIP PRIZE WINNER ACKNOWLEDGES THAT HE/SHE IS SOLELY RESPONSIBLE FOR ANY ACTIONS, CLAIMS OR LIABILITIES OF HIS/HER GUEST RELATED TO ANY PROMOTION ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY ACTIONS, CLAIMS OR LIABILITIES RELATED TO THE GUEST'S USE OF A TRIP PRIZE.

The following applies to the concert ticket prizes: Six (6) winners will each receive two (2) tickets for winner and one (1) guest to see Sheryl Crow live in concert at a venue near winner's residence to be determined in Sponsor's sole discretion and an autographed copy of Sheryl Crow's cd entitled “Detours”. Tickets to the concert are subject to restrictions imposed by the venue and the concert promoter. Sponsor is not responsible if the concert is delayed, postponed or cancelled for any reason, in which event that portion of prize is forfeited in its entirety and no substitution will be provided except as in Sponsor's sole discretion. Concert ticket prizes are for the following dates and locations:

April 22 - Wichita, KS
April 23 - Tulsa, OK
April 26 - Pensacola, FL
April 27 - Jacksonville, FL
April 29 - Clearwater, FL
April 30 - West Palm Beach, FL

The following applies to the public transportation prizes: Twenty (20) winners will receive public transportation passes for one (1) year for a single public transportation system near the winner's city and state of residence. This prize will be awarded on a one-time basis based on one (1) round trip per weekday for one (1) year. If only monthly passes are available, the prize will be awarded as twelve (12) monthly passes. If only weekly passes are available, the prize will be awarded in the form of fifty-two (52) weekly passes. If passes are not available for the year, prize may be awarded in the form of a check card or other certificate.

The following applies to the organic food delivery for a year prizes: Twenty (20) winners will receive organic food deliveries for one (1) year to their homes from a provider near winner's residence to be determined in Sponsor's sole discretion. This prize will be awarded on a periodic basis throughout one (1) year in the form of a variety of non-perishable foods and produce, subject to availability and cost, consistent with the stated ARV of prize. Specific food items to be determined in Sponsor's or prize provider's sole discretion.

The following applies to the green home upgrade prizes: Ten (10) winners will receive a green home upgrade prize consisting of an energy audit to be performed by an entity designated by Sponsor in its sole discretion and $400 in the form of a check card for the winner to use to help implement the suggestions from the auditor.

The following applies to the year supply of toilet paper prizes: Fifteen (15) winners will receive a one (1) year supply of toilet paper awarded on a one (1)-time basis in the form of twelve (12) coupons each for one twelve (12)-pack of toilet paper, or twelve (12) twelve (12)-packs of toilet paper, mailed in one shipment (chosen in Sponsor's sole discretion).

The following applies to the organic cooking party prizes: Twenty (20) winners will receive an organic cooking party at winner's residence or chef's site (decided by Sponsor in its sole discretion) for the winner and up to five (5) guests to be provided by a service chosen at Sponsor's discretion, consisting of a cooking demonstration and meal for six (6) people.

The following applies to the eco-maid service prizes: Twenty (20) winners will receive a one-time cleaning service for their residence provided by an environmentally-friendly maid service near winner's residence to be determined in Sponsor's sole discretion, consisting of cleaning. Length of cleaning service or number of rooms cleaned will depend on size of winner's home and any restrictions imposed by the prize provider.

The following applies to the Solio solar charger prizes: Sixty (60) winners will receive a Solio Classic Hybrid solar charger.

The following applies to the solar backpack prizes: Twenty-five (25) winners will receive a Voltaic solar backpack.

The following applies to the National Park Service Annual Pass prizes: Fifteen (15) winners will receive a National Park Service Annual Pass, which is good for admission to any of the United States National Parks and Federal Recreational Lands for one year from date of Sponsor's purchase (which Sponsor will communicate to winner upon prize fulfillment) for winner and passengers in a non-commercial vehicle at per vehicle fee areas or three (3) adults at per person fee areas.

The following applies to all prizes:

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, together with the reporting and payment of all applicable income taxes, arising out of, or resulting from, acceptance or use of a prize, 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, and each minor winner's parent or legal guardian, agrees to maintain his/her behavior in accordance with all applicable laws and generally accepted social practices in connection with participation in any Promotion-related activity, including use of a trip prize or concert ticket prize. Each winner (and minor winner's parent/legal guardian) understands and agrees that Sponsor has the right, in its sole discretion, to disqualify and remove the winner or his or her guest (as applicable) from any activity at any time if the winner or his or her guest's (as applicable) behavior 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 U.S. federal, state 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! 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! 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 favor 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 (AND MINOR WINNER'S PARENT OR LEGAL GUARDIAN) 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 (AND MINOR WINNER'S PARENT OR LEGAL GUARDIAN) 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 (and minor participant's parent or legal guardian) 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 attorneys' 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 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.

11. Winner's List: The names of the Promotion winners may be obtained between May 31, 2008 and December 31, 2008 by sending a self-addressed stamped envelope to: Yahoo! Earth Day 2008 Promotion, P.O. Box 3646, Dept. 09, St. Cloud, MN 56397-3646.

12. Official Rules: For a copy of the Official Rules, visit http://green.yahoo.com/earth-day/rules.htmlor send a self-addressed, stamped envelope to: Yahoo! Earth Day 2008 Promotion, P.O. Box 3823, Dept. 09, St. Cloud, MN 56397-3823. VT residents omit return postage. Requests received after May 4, 2008 will not be honored.

13. Sponsor: Yahoo! Inc., 701 First Avenue, Sunnyvale, CA 94089. Home Depot Inc. is not a Sponsor of the Promotion.