OFFICIAL ONLINE CONTEST RULES
This Contest is sponsored by Yingit Inc. (“Sponsor”).
2. CONTEST PERIOD
The Contest begins on March 16, 2017 12:00 AM and ends on April 4, 2017 11:59 PM (all times Central Standard) (the “Contest Period”).
The Contest is open to all legal residents of the United States of America and the District of Columbia, excluding Florida, New York and Rhode Island (“Contest Territory”) residing in the Contest Territory who are 18 years of age or older as of the beginning of the Contest Period and who are User (defined below) (each such User, an “Entrant”). Void in Florida, New York, Rhode Island, Puerto Rico, all United States territories and possessions, and overseas military installations. Participation in this Contest constitutes each Entrant’s representation of their age, as well as acceptance of these Official Online Contest Rules. Each Entrant consents to be contacted by Sponsor by e-mail, telephone, and text in connection with the Contest. Employees of the Sponsor, its affiliates, and all advertising agencies, partners, promotional agencies, and the families of each, are not eligible to participate or win.
4. HOW TO PARTICIPATE; CONTEST DESCRIPTION
This Contest is being offered in connection with the launch and promotion of the iOS version of the Yellfy mobile app, which is a full-featured sports-based mobile app, offering a sports-centric social network, real-time text/sms, up-to-the-minute scores/stats/play-by-play/sports news, a sports ticket exchange, amongst other features and functionalities therein. The Yellfy users must use the Pick’em Winner Game feature on the Yellfy sports(the “App”) to pick March Madness game winners . One Yellfy user who has the highest number of correct March Madness game winners for all Round 1, Round 2 and Sweet 16, will win the grand prize (the “Criterion”), five separate Yellfy users who have picked the highest number of March Madness Pick’em game winners in Round 1 will win $100 each and five Yellfy users who have picked correctly the highest number of game winners for March Madness will win $50 each. In the unlikely event that there are more Users that meets the Criterion for winning the Prizes at the end of the Contest Period for all three prizes ($1000 grand prize, $100 for R1 and $50 for R2), the Yellfy users with highest number of active user followers, for each of the three Rounds are deemed the winners. For purposes of this Contest, the following capitalized terms used herein have the following meanings: “Active Follower” means a Human User that: (i) utilizes the Yellfy Sports App and creates sports content; AND (ii) accesses and uses the App at least four times every 24 hrs for at least 100 minutes during that 24 hrs by using one or more functions and features of the App, such as (a) “Timeline,” “Yell,” “Party Invites,” “Share Scores,” (b) posting to the blogs and /or Timeline on the Yellfy Sports App, or (c) inviting third parties who are not Users of Yellfy App to register for a Yellfy App account. “User” means a single individual human that has not created more than a single user account on the Yellfy App on the iOS platform, which is accessed via an iPhone 5 or later. Also every human users registered on the Yellfy App, has to have been registred from a unique mobile device in order to be counted as a legitimate follower of another on the Yellfy App. Any disputes regarding the identity of an individual User or the classification of an individual or an account as an Active Follower or a User will be determined in Sponsor’s sole discretion. The use of any device, program or bot to automate the entry process is prohibited. All requested information on the account registration form for user account on the App must be accurately completed to be considered a valid entry into the Contest (and the accurate completion of an account registration form for the App is an “Entry”). Proof of entering information on the account registration form and otherwise creating a user account for the App is not considered proof of receipt by Sponsor of an Entry. Winners may be required to provide Sponsor with proof that he/she is the authorized account holder of the User account associated with the winning User selection.
5. PERSONAL DATA
6. WARRANTIES AND CONSENTS
By completing and submitting an Entry, Entrant represents and warrants that (i) Entrant has read and agrees to be bound by the Official Online Contest Rules, (ii) Entrant is eligible to participate in the Contest, and (iii) all of the information provided as part of Entrant’s Entry is accurate, does not violate any third party’s legal rights (including without limitation rights of privacy and publicity), and otherwise does not violate applicable law.
7. WINNER NOTIFICATION
Winners will be notified via [e-mail] before Feb 9, 2018 at [11:59 AM] Central Standard and will be given instructions on how to claim the Prize. Winner will have 4 hours to respond before a new Winner is selected. If a Winner fails to respond within the 4 hour period, or if an [e-mail] attempt is consistently returned as undeliverable, if a selected Winner cannot accept or receive a Prize for any reason, or s/he is not in compliance with these Official Online Contest Rules, the Prize will be forfeited and an alternate Winner will be selected by choosing a new User that meets the Criterion.
8. AWARDING OF PRIZES
Prizes in the Contest are nontransferable and not exchangeable for any other products, services or prizes offered by Sponsor. Prizes will be awarded only upon successful verification that all Contest requirements have been met, including, eligibility, age and information provided by a potential Winner. Winners waive the right to assert, as a cost of winning a Prize, any and all costs of verification and redemption or travel to redeem the Prize, if any.
The value of a Prize will be taxable to the Winner as income. All federal, state and local taxes and any other costs and expenses associated with the acceptance or use of a Prize not specifically provided for in these Official Online Contest Rules are solely the Winner’s responsibility. Winners are solely responsible for reporting and paying any and all applicable taxes.
Except where prohibited by law, participation in the Contest constitutes each Winner’s consent to Sponsor’s (and its designees’, successors’ and assigns’) use of that Winner’s name, biography, likeness, voice, photographs, video, opinions, statements, city and state, for promotional purposes in any manner or media (including, without limitation, online), worldwide, in perpetuity, and without further payment, consideration, notice, review or consent.
BY ENTERING THE CONTEST, EACH ENTRANT AGREES TO FOREVER RELEASE, INDEMNIFY AND HOLD HARMLESS SPONSOR, SPONSOR’S AFFILIATES, AND EACH OF THE FOREGOING ENTITIES’ RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF EACH (COLLECTIVELY, THE “RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL LIABILITY WHATSOEVER FOR ANY CLAIMS, COSTS, INJURIES, LOSSES OR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH ENTRANT’S PARTICIPATION IN THE CONTEST, OR DOWNLOADING OR ACCESSING OF ENTRY MATERIALS OR THE APP, OR THE ACCEPTANCE, POSSESSION OR USE/MISUSE OF ANY PRIZE AWARDED HEREIN, OR PARTICIPATION IN ANY PRIZE-RELATED ACTIVITY (INCLUDING, WITHOUT LIMITATION, CLAIMS, COSTS, INJURIES, LOSSES OR DAMAGES RELATED TO PERSONAL INJURIES, DEATH, DAMAGE TO, LOSS OR DESTRUCTION OF PROPERTY, RIGHTS OF PUBLICITY OR PRIVACY, DEFAMATION OR PORTRAYAL IN A FALSE LIGHT).
12. GENERAL CONDITIONS
Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes at any time, or any part of it, if it feels any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. In such event, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. In addition, in case a satisfactory number of users, such as at least 5% of the user base is NOT participating in this challenge up to three months before end of the contest, Sponsor reserves the right to cancel the contest and the challenge without any further notice to the participants. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Force Majeure: If any event described herein cannot be held on the scheduled date, or if any party cannot perform any or all of its obligations hereunder, because of an event of force majeure, including, without limitation, inclement weather, unplayable conditions, labor actions or work stoppages (including, without limitations, strikes and lockouts), nature calamities, national emergencies, declarations of war, terrorist threat or act of terrorism, acts of God, or for any other reason beyond the reasonable control of the performing party and/or the cancellation of the event and a good faith rescheduling of such event cannot be achieved, the delay and/or cancellation of such event and/or the party’s failure to perform its obligation(s) shall not be considered a breach of these Official Rules and each party shall be relieved of its obligations hereunder in connection with such event or obligations.
13. LIMITATIONS OF LIABILITY
The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Entrants or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of Entries; (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from an Entrant’s participation in the Contest or receipt or use or misuse of any Prize; or (6) malfunctioning of the App. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees. Under no circumstances will an Entrant or a Winner be permitted to obtain awards for, and each Entrant and Winner hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO ENTRANT.
Entrants and Winners agree that any and all disputes, claims and causes of action arising out of or connected with this Contest or the Prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively by the state and federal courts located in Dallas, TX. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Online Contest Rules, or the rights and obligations of the Entrants, the Winners and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New York without giving effect to any choice of law or conflict of law rules.
15. TERMINATION; MODIFICATION
If Sponsor is prevented from continuing with the Contest as a result of lack of feasibility of the Contest, compromised integrity of the Contest, infection by computer virus, unauthorized intervention, technical failures, or any other causes beyond Sponsor’s control, Sponsor may, within its sole discretion, cancel, terminate, modify, or suspend the Contest. If Sponsor elects to abbreviate the Contest as a result of such an event, Sponsor may award the Prize from among all valid and eligible Entries received up to the time of such event.
16. GENERAL CONDITIONS
Any individual found to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Online Contest Rules or in a disruptive manner, at Sponsor’s sole discretion, may be disqualified and SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor’s failure to enforce any term of these Official Online Contest Rules shall not constitute a waiver of that provision.
17. WINNERS LIST
For a Winner list, send a hand-printed, self-addressed, stamped envelope to 6125 Luther Ln. Ste 103 Dallas TX 75225 within thirty (30) days after the Contest ends.
18. SPONSOR CONTRACT
The address at which the Sponsor may be contacted is: 6125 Luther Ln Ste 103, Dallas TX 75225.
19. CONTEST PRIZE DETAILS
Contest prize is $1,000 cash with Approximate Retail Value (“ARV”) that can not exceed: $1,000.