The “Bus Stop Derby” Contest
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.
1. How to Enter. During the Contest Period, enter the Bus Stop Derby Contest (“Contest”) by visiting select bus stop shelters in San Francisco (see ”Where to Play” section for details). To begin playing, you interact with the digital touch screen located at one of the bus stop shelters. From the home screen of the digital screen, you can select one of the four (4) game options (Snap-Happy, Chatter Scatter, Sport-a-pult, or Incoming), and then pick from a list of twenty (20) neighborhoods for which any points you earn will be attributed. Once the neighborhood is selected, select either Challenge Play or Single Play. Points vary for Challenge Play and Single Play (see scoring for complete details). When Single Play is selected, you earn 25 points just for completing a game within the time frame given. When Challenge Play is selected, there will be a 15-second wait time while the Challenge is being processed in the queue. You will not be able to navigate away from the screen during these 15 seconds. If a Challenge is available for the game chosen, the player is pitted against a player from a different neighborhood that is waiting in the queue. Winning a Challenge game against another neighborhood earns 100 points. If Challenge Play is not available for the game chosen, you will be given the option to proceed with Single Play for that particular game. Participants can change to Single Play if they are not interested in Challenge Play for the remaining options.
No automated entry devices and/or programs permitted. Sponsor is not responsible for lost, late, incomplete, invalid, misdirected, technically corrupted, or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human, or electronic. Only fully completed entries are eligible. Proof of submission of an entry will not be deemed to be proof of receipt by Sponsor. Sponsor’s clock and system shall be the official time- and score-keeping devices for the Contest.
2. Contest Period. Contest begins at 12:00:00 am PST on November 24, 2010, and ends at 11:59:59 pm PST on January 28, 2011. While the intent is for all games to be available 24 hours per day, 7 days per week during the Contest Period, there may be technical difficulties from time to time that may impact the availability of the games. Sponsor and its affiliates, partners, vendors, and promotion and advertising agencies (collectively, the “Contest Entities”) assume no responsibility for any incorrect or inaccurate information, whether caused by users, any of the equipment or programming associated with or utilized in the Contest, or any technical or human error that may occur in the processing of submissions in the Contest.
3. Eligibility. All federal, state, and local laws and regulations apply. By entering the Contest, entrants fully and unconditionally agree to be bound by these rules and the decisions of the Sponsor and their judges, which will be final and binding in all matters relating to the Contest.
4. How to Win. A Sponsor representative will calculate and verify each neighborhood’s scores and, subject thereto, the neighborhood that has accumulated the most amount of points during the Contest Period will be awarded the Grand Prize. In the event of a tie, such tie will be broken in favor of the neighborhood that last accumulates a point during the Contest Period.
5. Prize(s). (1) Grand Prize: Sponsor will throw a “block party,” including a concert by the band OK Go, in the winning neighborhood. Time, date, location, capacity, and entry details will be announced via website at derby.yahoo.com on or about February 1, 2011. Block party is expected to be on or about February 5, 2011. Time, date, and location subject to change in Sponsor’s sole discretion. Admission will be on a first-come/first-served basis at venue, and number of attendees may be limited due to location guidelines. Because of location restrictions, not all persons who participated in the game on behalf of the winning neighborhood may be able to attend the block party. Guidelines for party participation, including those concerning capacity and entry, will be posted to derby.yahoo.com. Must be 18 or over for admission. In the event the block party or OK Go concert does not take place as scheduled, for reasons such as cancellation, preemption, or postponement, or for any reason beyond the control of Sponsor, including without limitation the unavailability of OK Go, Sponsor’s sole responsibility will be to award any remaining portion of the prize, and no additional substitution or compensation will be provided. Prize consists of only those items specifically listed as part of the prize. Approximate Retail Value of Prize: $75.00 per person. No cash will be awarded as part of the Grand Prize.
6. Notification. Winning neighborhood will be announced via website at derby.yahoo.com following the close of the Contest Period.
7. Conditions. By participating, entrants, agree to release and hold harmless Sponsor and the Contest Entities and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers, and directors from any and all liability, for loss, harm, damage, injury, cost, or expense whatsoever, including without limitation property damage, personal injury, and/or death that may occur in connection with, preparation for, travel to, or participation in the Contest, or possession, acceptance, and/or use or misuse of prize or participation in any prize-related activity and for any claims based on publicity rights, defamation, or invasion of privacy and prize delivery. Sponsor is not responsible if Contest cannot take place or if the prize cannot be awarded due to travel cancellations, delays, or interruptions due to acts of God, acts of war, natural disasters, weather, or acts of terrorism. Entrants who do not comply with these Official Rules or attempt to interfere with this Contest in any way shall be disqualified.
8. Additional Terms. No automatic, programmed, robotic, or similar means of entry are permitted. The Contest Entities are not responsible for technical, hardware, software, telephone, or other communications malfunctions, errors, or failures of any kind; lost or unavailable network connections, website, Internet, or ISP availability; unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause); or failed, incomplete, garbled, jumbled, or delayed computer transmissions that may limit one’s ability to enter the Contest. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend, or suspend this Contest should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud, or other causes beyond its control corrupt or affect the administration, security, fairness, or proper conduct of the Contest. In such case, Sponsor may select the winning neighborhood from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Contest or website. Sponsor may prohibit an entrant from participating in the Contest or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten, or harass any other entrants or Sponsor representatives.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND, SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
9. Limitation of Liability; Disclaimer of Warranties. IN NO EVENT WILL THE CONTEST ENTITIES AND/OR THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, PARTNERS, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNS, EMPLOYEES, OFFICERS, AND DIRECTORS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE AND/OR THE CONTEST, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE CONTEST. IN NO EVENT SHALL THE CONTEST ENTITIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED $100. WITHOUT LIMITING THE FOREGOING, THIS CONTEST AND ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
10. Disputes; Governing Law. The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Contest. Any controversy or claim arising out of or relating to these Official Rules and/or the Contest 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.
THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters that are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Contest, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the State of California, County of Santa Clara.
11. Sponsor. Yahoo! Inc., 701 First Avenue, Sunnyvale, CA 94089.