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Yahoo! Music LyricMakers PROMOTION OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. This Promotion is sponsored by Yahoo! Inc. (the "Sponsor").
1. PROMOTION DESCRIPTION: The Yahoo! Music LyricMakers Promotion (the "Promotion") consists of two parts: (a) a popularity-based virtual songwriting project (the "Contest"), divided into six weekly phases (each, a "Weekly Contest Phase"), and (b) a random-drawing sweepstakes (a "Sweepstakes"). The Sweepstakes and each of the Weekly Contest Phases may be entered separately. In each Weekly Contest Phase of the Contest, each Contest participant (referred to in these rules as a "Contest Entrant") may submit a pair of original, rhyming couplets (a "Contest Entry") using a theme previously proposed by the general public. During each Weekly Contest Phase, members of the public will have the opportunity to register and vote for their favorite Contest Entry among those submitted for that week's Weekly Contest Phase (each such public voter referred to in these rules as a "Voter"). Voters who are otherwise eligible and in compliance with these rules will receive an entry in the Sweepstakes when they submit their first vote in this Promotion. The Contest Entrant whose Contest Entry receives the most votes in a particular Weekly Contest Phase will win one of six Finalist Prizes, described in Rule 10 below, subject to verification of each Contest Entrant's eligibility and the terms of these Official Rules. At the conclusion of the Contest, one Grand Prize winner will be selected at random from among the six Finalists to receive the Grand Prize, described in Rule 10 below.
The Promotion begins at 12:01 AM PT on August 20, 2007 and ends at 11:59 PM PT on September 28, 2007 (the "Promotion Period"). The first Weekly Contest Phase begins Monday, August 20, 2007 at 12:00:00 AM PDT and ends the following Sunday at 11:59:59 PM PDT. Similarly, the subsequent five Weekly Contest Phases begin each successive Monday morning at 12:00:00 AM PDT and end the following Sunday at 11:59:59 PM PDT. The deadline for submissions to be included in any then-current Weekly Contest Phase is Saturday at 11:59:59 PM PDT (the "Weekly Contest Submission Deadline").
2. ELIGIBILITY: This Promotion is open to legal residents of the fifty United States and the District of Columbia who are 13 years of age as of July 23, 2007. Participants who are under the age of majority in their state of legal residence should obtain parental permission before entering. Employees and agents of Yahoo! Inc., McDonald's Corporation ("McDonald's"), their respective affiliates, subsidiaries, advertising and promotion 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 Sponsor, collectively referred to as "Promotion Entities"), and their immediate family members and/or those living in the same household of such persons, whether related or not, are not eligible to enter the Contest or Sweepstakes.
3. HOW TO REGISTER: Any individual wishing to participate in the Contest or Sweepstakes must first register to participate. An eligible participant submitting a Contest Entry is referred to as a "Contest Entrant"; an eligible participant submitting a vote for a Contest Entry is referred to as a "Sweepstakes Entrant" or "Voter"; each Contest Entrant and/or Sweepstakes Entrant is generally a "Participant". Registration is free and available at http://music.yahoo.com/lyricmakers (the "Promotion Site"). If you are not an existing Yahoo! account holder, follow the instructions to create a free Yahoo! ID. As part of the registration process, Participants will be required to click where indicated to signify that they accept and agree to be bound by these Official Rules, including the decisions of the judges and the Sponsor which are final and binding in all respects. Limit one (1) registration per person and per e-mail address. Any individual who attempts to register, or in the sole discretion of Sponsor is suspected of registering more than once, by any means, including but not limited to establishing multiple e-mail accounts or Yahoo! IDs, will be disqualified from the Promotion.
4. HOW TO SUBMIT A CONTEST ENTRY: If you wish to participate in any Weekly Contest Phase of the Contest, once you have completed registration, follow the online instructions to create and submit your Contest Entry. You may submit only ONE Contest Entry in any Weekly Contest Phase. You must complete the registration process and upload your Contest Entry no later than Saturday at 11:59:59 PM PDT during the Weekly Contest Phase you are entering (the "Weekly Contest Submission Deadline").
If you are entering the Contest, remember that your Contest Entry:
(a) must be in English;
(b) must be in the form of a pair of rhyming couplets (i.e. an A - A, B - B rhyming scheme);
(c) must be suitable for general publication and/or national broadcast (i.e., may not contain profanity or be obscene or indecent);
(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);
(e) must not include threats to any person, place, business, group or world peace;
(f) must not invade the privacy rights or other rights of any person, firm or entity, and must not in any other way violate applicable laws and regulations or network standards.
(g) must not contain any commercial content (i.e. promote any product or service, or contain or reference any third party names or trademarks); (h) must not contain any copyrighted works (other than as solely owned by the Entrant); and
(i) must be your own original creation, and not have been published previously, in whole or in part, or have won any other award. Modifying, enhancing or altering a third party's preexisting work does not qualify as a Contest Entrant's original creation.
All Entries will be reviewed for content before being published or judged; however, such review does not relieve Contest Entrant from responsibility for compliance with these Official Rules. Contest Entries that do not comply with these Official Rules or that otherwise contain prohibited or inappropriate content, as determined by the Sponsor, in its sole discretion, will be disqualified and will not be published or considered for a prize.
5. CONDITIONS OF CONTEST ENTRY: As conditions of entry into the Contest, each Contest Entrant:
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WARRANTS AND REPRESENTS THAT THE CONTEST ENTRANT OWNS ALL RIGHTS TO THE CONTEST ENTRY/IES HE/SHE IS SUBMITTING IN THIS CONTEST;
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WARRANTS AND REPRESENTS THAT HIS/HER CONTEST ENTRY(IES): (a) IS/ARE ORIGINAL TO THE ENTRANT AND HAS/HAVE BEEN LEGALLY CREATED, (b) DOES/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; (c) HAS/HAVE NOT BEEN ENTERED IN OR WON PREVIOUS CONTESTS OR AWARDS; (d) HAS/HAVE NOT BEEN PUBLISHED PREVIOUSLY IN ANY MEDIUM; AND (e) HE/SHE WILL NOT DISSEMINATE OR OTHERWISE SUBMIT THE CONTEST ENTRY(IES) TO ANY OTHER ENTITY FOR POSSIBLE PUBLICATION;
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irrevocably grants to Sponsor and its affiliates, legal representatives, assigns, agents and licensees, all right, title and interest in and to the Contest Entry(ies), including the worldwide, royalty-free, exclusive, unconditional, perpetual and freely sublicensable and transferable right to copyright (as applicable), reproduce, encode, store, modify, copy, transmit or have transmitted, publish, market, post, broadcast, display, publicly perform, adapt, create derivative works based upon, remix, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times used), the Contest Entrant's Contest Entry(ies), (as submitted or as edited/modified in any way, whether by the Promotion Entities, their licensees or assigns, in the Promotion Entities' sole discretion) in any and all media or format, whether now known or later devised, throughout the world, for any purpose, without limitation, and without additional review, compensation, or approval from the Contest Entrant or any other party;
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irrevocably grants to Promotion Entities and their affiliates, legal representatives, assigns, agents and licensees, the worldwide, royalty-free, non-exclusive, unconditional, perpetual, freely sublicensable and transferable right and license to copyright (as appropriate), reproduce, encode, store, modify, copy, transmit or have transmitted, publish, market, post, broadcast, display, publicly perform, adapt, create derivative works based upon, remix, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times used), the Contest Entrant's name, address, image, voice, likeness, statements, and biographical material, including, but not limited to, the video or digital recording and performances contained in any of the above items, as well as any additional photographic images, video images, portraits, interviews or other materials relating to the Contest Entrant and arising out of his/her participation in this Contest (with or without using the Entrant's name) (collectively, the "Additional Materials") (in each case, as submitted or as edited/modified in any way, whether by the Promotion Entities, their licensees or assigns, in the Promotion Entities' sole discretion) in any and all media or format, whether now known or later devised, throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from the Contest Entrant or any other party;
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grants to others: (i) the non-exclusive license to access the Contest Entrant's Contest Entry(ies) through the Promotion Site or other Yahoo! property or service; (ii) the ability for Yahoo! registered users ("Yahoo! Users") to rate, review, comment on and tag the Contest Entrant's Contest Entry(ies);
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forever waives any rights of privacy, intellectual property rights, and any other legal or moral rights that may preclude Promotion Entities' use of the Contest Entrant's Contest Entry(ies) or Additional Materials, or require the Contest Entrant's permission for Promotion Entities to use them for any purpose, and agrees to never sue or assert any claim against the Promotion Entities' use of those materials;
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acknowledges and agrees that (a) Promotion Entities and other Contest Entrants 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 the Contest Entrant's Contest Entry(ies) in theme, idea, plot, format, characters and/or other respects; (b) the Contest Entrant 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 (c) Promotion Entities' use of material containing elements similar or identical to those contained in the Contest Entrant's Contest Entry(ies) shall not obligate Promotion Entities to negotiate with nor entitle Contest Entrant to any compensation or other claim; and
- agrees 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 (a) any Contest Entry(ies) or Additional Materials (including, but not limited to, any and all claims of third parties, whether or not groundless, based on the submission of material); (b) any breach by Contest Entrant of any warranty, agreement or representation contained in the Official Rules or terms of service or in any documentation submitted by Contest Entrant; (c) the Contest Entrant's conduct during and in connection with this Contest, including but not limited to trademark, copyright, or other intellectual property rights, right of publicity, right of privacy or defamation; or (d) the acceptance of any prize.
6. SPONSOR'S RIGHT TO DISQUALIFY: At any time during the Contest, Sponsor reserves the right, in its sole and unfettered discretion, to disqualify and remove any Contest Entry that it believes contains any inappropriate content, infringes the rights of any third party, or otherwise does not meet any other requirements in these Official Rules. The decisions of the Sponsor on this and all matters relating to the Contest are final and binding.
7. VOTING/SWEEPSTAKES ENTRY: During each Weekly Contest Phase, all Contest Entries properly submitted for inclusion in that Weekly Contest Phase will be displayed on the Promotion Site. During each Weekly Contest Phase, Voters who have registered at the Site pursuant to Rule 3 will have the opportunity to vote for their favorite Contest Entries from among those submitted for consideration in that Weekly Contest Phase up to that point (each, a "Vote"). Voters can only vote for each Contest Entry once.
Each Voter will receive a SINGLE Sweepstakes Entry when he/she submits his/her FIRST Vote in this Promotion. Voters may submit Votes for other Contest Entries during any Weekly Contest Phase; however, additional Votes will not earn additional entries in the Sweepstakes. Any attempt by a Voter to vote for a Contest Entry more than once during a particular Weekly Contest Phase, or to obtain additional Sweepstakes Entries may result in disqualification of all Votes, Sweepstakes Entries and other activity produced by that individual.
The Contest Entry that receives the highest number of valid Votes during a particular Weekly Contest Phase will be named as a potential finalist (a "Finalist"). Six potential Finalists will be selected during the Promotion (one for each Weekly Contest Phase). PLEASE NOTE: EVEN IF YOU ARE LISTED AS THE LEADER ON THE PROMOTION SITE AT THE CONCLUSION OF ANY WEEKLY CONTEST PHASE, YOU ARE NOT YET A WINNER. ALL CONTEST ENTRANTS ARE SUBJECT TO VERIFICATION BY THE SPONSOR, AND MUST MEET ALL ELIGIBILITY REQUIREMENTS BEFORE A FINALIST WILL BE NAMED OR A PRIZE WILL BE AWARDED.
Within 2-3 days following the conclusion of each of the six Weekly Contest Phases, the potential Finalist for that Phase will be contacted by telephone and/or email to arrange a personal interview and pre-screening with the Sponsor (the "Pre-Screening"). Each potential Finalist (or, if potential Finalist is a minor in his/her state of legal residence, his/her legal guardian) will be required to execute and return an Affidavit of Eligibility and Liability/Publicity Release (collectively, an "Affidavit and Release"), together with any other documentation or screening that may be required by Sponsor. As part of the Affidavit and Release, each potential Finalist will be required to give his/her consent for the Promotion Entities to seek, at their option, investigative reports from an outside source that will report on the potential Finalist's character, general reputation, creditworthiness, and/or other personal or character aspects as may be deemed relevant in the Sponsor's sole discretion. Failure to give approval will result in disqualification of the potential Finalist from the Contest. Sponsor reserves the right, in its sole discretion, to disqualify any potential Finalist or confirmed Finalist on the basis of that individual's investigative reports. If any potential Finalist cannot be contacted, does not return a phone call or correspondence from the Promotion Entities within 24 hoursfollowing attempted notification, or fails to comply with the Sponsor's verification process and/or eligibility requirements for the Pre-Screening, that potential Finalist may be disqualified. Similarly, the Affidavit and Release must be fully completed and returned to Promotion Entities within 24 hours following the sending of those documents to the potential Finalist, or the potential Finalist may be disqualified. An alternate potential Finalist may be selected, in rank order, from among the remaining Contest Entries, if time permits, and if any qualified Contest Entries remain, subject to the same eligibility and verification requirements described in these Official Rules. Potential Finalists which are disqualified for any reason will not be entitled to any form of compensation, and any and all rights to further participation or any prize in this Promotion will be forfeited. Sponsor reserves the right to select fewer than six Finalists in the event that fewer than six potential Finalists are deemed to meet their criteria, or if any potential Finalist, in the sole opinion of Sponsor, does not pass a background check or the Pre-Screening. Once confirmed, each of the six confirmed Finalists will receive a Finalist Prize, as described in Rule 10 below.
8. RANDOM DRAWINGS: At the conclusion of the final Weekly Contest Phase, following the selection and verification of the sixth Finalist in the Contest, one Grand Prize winner will be selected from among the six confirmed Finalists in a random drawing. Additionally, one Sweepstakes Prize winner will be selected from among the eligible Sweepstakes entries collectively received during the six Weekly Contest Phases. Odds of winning depend on the number of eligible entries received for inclusion in each drawing. The drawings will be conducted by an independent judging organization, whose decisions on all matters relating to the drawings are final and binding.
9. GENERAL RULES REGARDING CONTEST/SWEEPSTAKES ENTRY: LIMIT ONE CONTEST ENTRY PER PERSON PER WEEKLY CONTEST PHASE, AND ONE SWEEPSTAKES ENTRY PER PERSON IN THIS PROMOTION. Although subsequent attempts to enter may be received, only the first Contest Entry in a given Weekly Contest Phase and/or the first Sweepstakes Entry in the Promotion which is received from a particular individual will count; subsequent attempts to enter in excess of these limits will be disqualified or not counted. The submission of an entry is solely the responsibility of the entrant. Entries may only be made according to the methods described above. For purposes of these Official Rules, "receipt" of a Contest or Sweepstakes Entry occurs when Yahoo!'s servers record the entry information upon clicking the "Submit" button on the relevant entry form. Proof of sending (such as an automated computer receipt confirming delivery of email, "thanks for entering" message, or post office receipt) does not constitute proof of actual receipt by Yahoo! of a Contest or Sweepstakes 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 relevant entry period will be judged and/or included in the relevant prize drawing, as applicable. Unintelligible, incomplete, or garbled attempts to enter will be disqualified. Entries will not be acknowledged or returned.
10. PRIZES:
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SWEEPSTAKES PRIZE: One Sweepstakes Prize winner will receive a SanDisk MP3 Player, a one year subscription to Yahoo! Music Unlimited and $1000 cash, to be paid in the form of a check. Approximate retail value of Sweepstakes Prize: $1300.
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FINALIST PRIZES: The six confirmed and verified Finalists in the Contest will each receive a SanDisk MP3 Player, a one year subscription to Yahoo! Music Unlimited and $1000 cash, to be paid in the form of a check. In addition, the Contest Entry submitted by each Finalist will be presented to Ne-Yo for possible inclusion in a song to be composed, written and performed by Ne-Yo (the "Song"). Approximate retail value of each Finalist Prize: $1300. The final decision about whether to use each Finalist's Contest Entry in the Song, or whether to edit or alter a particular Contest Entry in connection with the Song, is at the Ne-Yo's discretion. Finalists will not receive any royalties or other payments in connection with the Song. The appearance of the Finalist's Contest Entry in the Song has no monetary value; should Ne-Yo elect not to use a particular Contest Entry in the Song, the Finalist will not receive any compensation or alternate award.
- GRAND PRIZE: The Grand Prize winner will receive a trip for two (winner and companion) to Los Angeles, CA or whatever city is chosen for meeting to meet Ne-Yo. Prize package includes round trip coach class air transportation for two from a major U.S. gateway airport near winner's home to Los Angeles, CA or whatever city is chosen for meeting (carrier and airports to be selected by Sponsor); hotel accommodations (one room, standard, double occupancy) for three nights; rental car for 4 days in Los Angeles or whatever city is chosen for meeting; per diem of $100 for four days for winner ONLY. Approximate retail value of Grand Prize: $4300 (Grand Prize value may vary depending on winner's point of departure and cost of accommodations at time of reservation). Sponsor reserves the right, in its sole discretion, to substitute ground transportation for air transportation in the event winner lives in Southern California. Should this substitution occur, the value of the Grand Prize will be adjusted accordingly; winner will not receive the difference between the value stated in these Official Rules and the actual prize value.
Except as specifically provided herein, Grand Prize Package does not include taxes, insurance, telephone charges, personal expenses, travel arrangements between winner's home and U.S. airport of departure, ground transportation, gratuities, passenger facility charges (PFCs), departure taxes, incidental 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. Rental car is subject to standard rental conditions at the time of rental. All rental car drivers must be 25 years of age or older with a valid driver's license and major credit card. Blackout dates may apply. Any optional car rental drop off, upgrade, LDW insurance, taxes, and/or optional fuel charges are the sole responsibility of the prize winner. If winner does not meet the age eligibility requirement for the rental car, he/she will be awarded the cash equivalent. All liability for the rental car shall be the sole responsibility of the winner. The Grand Prize winner's meeting with Ne-Yo is based on his availability and is subject to change and/or cancellation. Winner must be able to travel in a window between On approximately these dates October 5-15, 2007; exact dates will be specified by Sponsor based on Ne-Yo's availability at time of prize fulfillment. If Promotion Entities cannot find a winner who is able to travel on required dates in time to satisfy verification procedures, Grand Prize will not be awarded. Once confirmed, trip dates and travel accommodations cannot be changed by winner; however, travel is subject to availability, blackout dates, and/or change due to circumstances beyond Promotion Entities' control. Winner and his/her travel companion must travel on the same dates, itinerary, and fare class. If Grand Prize winner is a minor in his/her state of legal residence, minor's parent/legal guardian will be required to accompany the winner on the Grand Prize trip as the winner's travel companion. No extensions will be permitted, and any unused travel will be forfeited. All tickets issued in conjunction with Grand Prize are not eligible for frequent flyer miles, and no code-share flights may be used.
The following applies to all prizes: Approximate retail value of all prizes: $13,400.Prizes may not be transferred or assigned except by Sponsor. Prizes cannot be used in conjunction with any other promotion or offer and may not be separated. 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 any advertised prize (or any component thereof) is not available. 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. 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. Promotion Entities will not replace any lost or stolen prize items. Each winner will be issued an IRS Form 1099 which documents the value of the prize for tax purposes. Any difference between the actual value of a prize and the approximated value of a prize in these Official Rules will not be awarded.
11. DRAWING PRIZES - NOTIFICATION: Potential Grand Prize and Sweepstakes Prize winners (collectively, "Drawing Winners") will be notified within seven days after drawing date by email, U.S. mail, telephone, or overnight courier. Each Drawing Winner (or, if a winner is a minor in his/her state of legal residence, the Drawing Winner's parent/legal guardian) will be required to sign, notarize and return an Affidavit of Eligibility and Liability/Publicity Release and provide any additional information (such as social security number), that may be required by Promotion Entities, except where prohibited by law. Except where prohibited by law, potential winners must return all required documents within fourteen days following attempted notification or prize may be forfeited. Return of any prize/prize notification as undeliverable, or inability of Promotion Entities to contact a potential winner may result in disqualification and selection of an alternate winner by random drawing.
12. GENERAL RULES: The Promotion is governed by and subject to the laws of the United States. All federal, state and local laws and regulations apply. Void where prohibited by law. Sponsor is not responsible for any typographical or other errors in the printing of the offer, administration of the Promotion, or the announcement of the prizes, or for lost, late, misdirected, garbled, incomplete or illegal entries.
Sponsor reserves the right at its sole discretion to disqualify the Contest Entry, Vote or Sweepstakes Entry of any individual found to be (a) tampering or attempting to tamper with the entry process or the operation of the Promotion or any Sponsor website; (b) violating the Official Rules; (c) violating the terms of service, conditions of use and/or general rules or guidelines of any Sponsor property or service, or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Further, Sponsor reserves the right to disqualify any entry which, in Sponsor's sole opinion, is deemed to be offensive, libelous, slanderous, inflammatory, or otherwise inappropriate in any way for this Promotion. 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, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
12.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 (including, without limitation, the voting portion of the Promotion), or for theft, destruction or unauthorized access to, or alteration of, Contest Entries, Sweepstakes Entries, or Votes. Promotion Entities are not responsible for any incorrect or inaccurate information, whether caused by website users, 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 processing of submissions or Votes. 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 (including but not limited to any such problems which may result in the inability to access the Promotion Site or to submit Contest Entries or Votes). 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 the Promotion, Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Promotion, Contest, Sweepstakes, or any portion thereof, and select winners from among that portion of the Promotion, Contest or Sweepstakes that has not been compromised, if any.
13. DISPUTES/GOVERNING LAW: Except where prohibited, as a condition of participating in this Promotion, Participants agree that any and all disputes which cannot be resolved between or among 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, and Participant further waives all rights to have damages multiplied or increased. In the event of a dispute as to the identity of a winner based on email address, the winning entry will be declared made by the Authorized Account Holder of the email address submitted at time of entry. For purposes of these Official Rules, "Authorized Account Holder" is defined as the natural person who is assigned to an email addresses by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
All issues and questions rights and obligations of a Participant in connection with this Contest 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.
14. PRIVACY: By entering the Contest, you agree to Yahoo!'s use of your personal information, as described in the Yahoo! Privacy Policy, located at http://privacy.yahoo.com/privacy/us/promo/index.html.
15. WINNERS' LIST REQUESTS: Send a separate, stamped, self-addressed envelope to: Yahoo! Music LyricMakers Promotion, Winner's List Requests, P.O. Box 3646, Dept. T, St. Cloud, MN 56397-3646. Requests received after December 31, 2007 will not be honored.
16. OFFICIAL RULES REQUESTS: For a copy of the Official Rules, print this web page or send a separate, stamped, self-addressed envelope to: Yahoo! Music LyricMakers Promotion, Official Rules Requests, P.O. Box 3823, Dept. T, St. Cloud, MN 56397-3823. Requests received after September 28, 2007 will not be honored.
17. SPONSOR: Yahoo! Inc., 701 First Avenue, Sunnyvale, CA 94089.
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