“What’s In Your Gym Bag?” Official Rules
Official Rules:
YAHOO HEALTH “WHAT’S IN YOUR GYM BAG?” PROMOTION
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 18 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, officers, directors and agents of Yahoo! Inc. (“Yahoo” or “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..
2. How To Enter: Registration for the Promotion is open any time between 12:00:01AM PT on July 8, 2015 and 11:59:59PM PT on July 21, 2015, or when all prizes have been awarded, whichever comes first (the “Promotion Period”). An Instagram account is required to participate in this Promotion. If you do not have an existing Instagram account, visit instagram.com and follow the instructions to create a free Instagram account (your “Instagram Account”). Once logged into Instagram, set your Instagram Account to “follow” Yahoo Health Instagram page: www.instagram.com/yahoohealth (the “Promotion Instagram Page”). Next, register for the Promotion by (i) taking a picture of your gym bag, (ii) posting your picture on your Instagram account (your “Post”) and (iii) including the hashtag “#YHgymbag” in your Post. Completion of these steps will give you one (1) entry in the Promotion (your “Entry”). The first thirty (30) entrants who post an Entry into the Promotion will receive a prize (subject to compliance with these Official Rules and verification by Sponsor). Once thirty (30) eligible entrants have successfully posted an Entry and been verified, the Promotion will be over, and no other prizes will be awarded for the Promotion.
Your Instagram Account MUST (i) “follow” the Promotion Instagram Page, (ii) share the Post and (iii) the “#YHgymbag” hashtag must appear on the Post during the entire Promotion Period to be eligible to win.
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. A potential prize winner may be required to provide Promotion Entities with proof that he/she is the authorized account holder as described above. If Yahoo is unable to verify the authorized account holder of a potentially winning Instagram Account, that account will be disqualified and an alternate winner selected.
LIMIT OF ONE (1) ENTRY PER PERSON, PER EMAIL ADDRESS AND/OR PER INSTAGRAM ACCOUNT, 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. Entries 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. Sponsor reserves the right to request releases from any third parties appearing in any Entries at any time. Failure to produce third party releases upon Sponsor’s request may result in disqualification, as determined by Sponsor in its sole and absolute discretion.
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, whether now known or later developed, 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.
© 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 participation in any Promotion-related activity; or (iv) the acceptance, use or misuse 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 instagram.com, and in compliance with any guidelines or terms provided by the Sponsor that may then be in effect;
(b) must be in English;
© 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 © 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 www.instagram.com/yahoohealth (the “Promotion Website”) throughout the Promotion. Failure to comply with these Official Rules or any attempted inference with this Promotion 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; © 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. Prizes: Each Prize winner will receive one (1) copy of the book “20 Pounds Younger” signed by Yahoo Health Editor-in-Chief Michele Promaulayko. The approximate retail value of each Prize is $24.99. The total approximate retail value of all Prizes offered in connection with this Promotion is $749.70
The following applies to all Prizes: Prizes cannot be used in conjunction with any other promotion or offer. Prizes may not be transferred or assigned except by Sponsor. Only listed Prizes 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 Prizes 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. First to Respond; Winner Selection and Notification: Thirty (30) winners will be selected on a first-come first-serve basis from all eligible entries on or about July 21, 2015. Once there are thirty (30) entrants that have successfully responded and been verified by Sponsor, the Promotion will be over, and no other prizes will be awarded. Odds of winning depend on the number of respondents and speed of response. By entering the Promotion, entrants fully and unconditionally agree to be bound by these rules, which will be final and binding in all matters relating to the Promotion. Winner selection will be conducted by a representative of the Sponsor, whose decisions are final. Sponsor’s clock shall be the official time-keeping device for the Promotion.
Potential winners will be notified immediately after selection. Prize notification will be delivered by private Instagram message from Yahoo Health. Further instructions will be provided to potential winner at time of prize notification. Yahoo may require the name and address of the winners to ensure delivery of the Prizes by mail. Return of any prize/prize notification as undeliverable, or inability of Promotion Entities to contact a potential winner within five (5) 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, Instagram, Inc. 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, likeness, and state online and in print, or any other media now known or later developed, 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 Posts, 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. Promotion Entities are not responsible if the Promotion cannot take place or if any prize cannot be awarded due to delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism.
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 https://info.yahoo.com/privacy/us/yahoo/promotions/details.html.
13. Winner’s Name: The name of the prize winners may be obtained between July 21, 2015, and no later than October 19, 2015, by sending a self-addressed stamped envelope to: Yahoo Health – Yahoo! Inc., 701 First Avenue, Sunnyvale, CA 94089.
14. Sponsor: Yahoo! Inc., 701 First Avenue, Sunnyvale, CA 94089. Instagram, Inc. is not a sponsor of, nor affiliated in any way with, this Promotion.