Yahoo! Shine Birthday Cake Contest Voting Rules

Yahoo! Shine Birthday Cake Contest Voting Rules

THE FOLLOWING CONTEST IS INTENDED FOR PLAY IN THE FIFTY UNITED STATES AND THE DISTRICT OF COLUMBIA ONLY (THE "ELIGIBILITY AREA") AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. DO NOT VOTE IN THIS CONTEST IF YOU ARE NOT LOCATED IN, AND A LEGAL RESIDENT OF, THE ELIGIBILITY AREA.

1. ABOUT THE CONTEST: Yahoo users are invited to view and vote for their favorite photo of a birthday cake in the Yahoo! Shine Birthday Cake Contest (the "Contest").

2. VOTER ELIGIBILITY: Individuals wishing to vote in the Contest must be in compliance with the Voting Rules. Such individuals ("Voters") must be legal residents of the Eligibility Area. Employees and contractors of the Yahoo! Inc. ("Sponsor") who are directly associated with the management and execution of the Contest are not eligible to vote.

3. HOW TO VOTE: Between 12:00 pm/Noon Pacific Time (PT) on April 2, 2012 and 11:59 pm PT on April 3, 2012 (the "Voting Period"), Voters may visit the blog post 'Shine Birthday Cake Contest: Vote for the Winner!' http://shine.yahoo.com/shine-food/shine-birthday-cake-contest-vote-winner-174700987.html and view the birthday cake photos ("Photo Entries") posted on that website. To cast a vote for your favorite Photo Entry, follow the on-screen instructions to cast no more than (1) vote per photo during the Voting Period.

Any suspected or deliberate attempt to manipulate, or otherwise fraudulently tamper with the voting process, may result in disqualification of the Voter and/or the Photo Entry, at Sponsor's sole discretion.

Fraudulent tampering includes but is not limited to:

  • votes generated by a macro, script, bot or other fraudulent means in an attempt to manipulate the outcome of the Voting Period;

  • vote brokering via a third party service, website or any other service/tactic which exists for the purpose of exchanging or soliciting votes to manipulate the voting results; or

  • offering any type of inducement or compensation (monetarily or otherwise) to any third party, in exchange for a vote in any manner.

In the event of a disqualification, Sponsor will determine the winning Photo Entry based on non-suspect votes, if possible. If voting results are corrupted to a point that the winning Photo Entry cannot be determined, Sponsor reserves the right to evaluate the remaining Photo Entries to select a winning photo, at its sole discretion.

4. INDEMNITY: Voter shall indemnify, defend and hold harmless Sponsor and its parents, affiliates, divisions, subsidiaries, successors, assigns and licensees, and its respective employees, shareholders, officers, directors, contractors, advertising and promotion agencies, agents and representatives (collectively, the "Released Parties") from and against any and all liability, claims, loss, damage, injury or expense, including reasonable outside attorneys' fees, arising out of or in connection with any third party action arising out of or resulting from (i) Voter's voting in the Contest, and/or (ii) a breach or alleged breach of any of Voter's obligations herein.

5. GENERAL TERMS AND CONDITIONS: By voting, each Voter agrees that the Released Parties are not responsible or liable for, and shall be released and held harmless from: (i) telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind; (ii) any condition caused by events beyond the control of the Sponsor that may cause the Contest to be disrupted or corrupted; (iii) any printing, human, typographical or other errors or ambiguities in (or involving) any materials associated with the Contest; and (iv) any and all losses, damages, rights, claims and action of any kind in connection with or resulting from voting in the Contest. Sponsor reserves the right, in its sole discretion, to adjust times and dates in the Voting Rules at any time and/or to suspend or cancel the Contest at any time for any reason, including, without limitation, if a computer virus, bug or other technical problem corrupts the administration, security, or proper conduct of the Contest. If the Contest is terminated before the designated end date, Sponsor will (if possible) select the winning photo from all eligible, non-suspect votes received as of the date of the event giving rise to the termination. Sponsor reserve the right, at its sole discretion, to prohibit any Voter from voting in the Contest or to disqualify any individual they find to be tampering with the voting process or the operation of the Contest; to be attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or any other unfair practices; to be acting in violation of these Voting Period Rules; or to be acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Sponsor may suspend or discontinue the Contest if, in its sole opinion, there is any actual or suspected tampering of the Contest, or any other malfunction, event or activity that may affect the integrity of the Contest. Sponsor shall not be obligated to award a prize that relates to or arises out of improper or mistaken notification, operation or function of this Contest.