TUMBLR SURVEY CONTEST
OFFICIAL RULES
THE FOLLOWING 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 AND NO ONLINE ENTRY IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCE OF WINNING.
- About the Promotion: The Promotion is offered by Tumblr, Inc. 35 E 21st St, New York, NY 10010 (“Tumblr” or “Sponsor”). Deep Focus, Inc. (“DF” or “Administrator”) has been retained by the Sponsor to administer the Promotion. DF is and shall remain solely responsible for the delivery of the Prize(s) to the winner(s).
- Eligibility: This Promotion is open to all registered members of the Tumblr who enter as specified in Rule 3 below (each, an “Entrant”). Each Entrant must be a legal resident of the Eligibility Area and at least 13 years old. Void in overseas U.S. territories, possessions, commonwealths and military installations, and where prohibited by law. Employees and agents of Sponsor, its parent company, Yahoo Inc. (“Yahoo”) and their respective 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 Sponsor, 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.
- How to Enter: The Promotion begins at 12:00 AM ET on August 9, 2016 and ends on September 29, 2016 at 11:59 PM ET (the “Entry Period”). You may enter the Promotion using ONE of the following two methods:
- Online Entry: An Entrant will receive one (1) entry in the Promotion for: (a) completing a survey offered by the Sponsor that qualifies for entry into the Promotion (a “Qualifying Survey”); and (b) submitting that Qualifying Survey in accordance with these Official Rules before the close of the Entry Period. Notification of close date and time is included in initial email invitation and blog posts. Attempts to enter submitted prior to or after the Entry Period will be disqualified.
In order to qualify for the Promotion, each Entrant must agree to these Official Rules and to participate in the Promotion at the end of the applicable Qualifying Survey.
In the event of a dispute about the identity of an entrant, the affected entry will be declared made by the authorized email account holder of the email address associated with the account used for entry. “Authorized email account holder” is defined as the natural person who is assigned to an email address 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. The potential winner may be required to provide Promotion Entities with proof that he/she is the authorized account holder of the email address associated with the winning entry. - Alternate Means of Entry/Mail-In Entry: To enter the Promotion without purchase or obligation (a “Mail-In Entry”), legibly write your name, street address, city, country, zip code, telephone number, and complete email on a 3 x 5 inch index card. Mail it (using sufficient international postage) to: Tumblr Survey Contest, C/o Deep Focus, Inc. 229 W 43rd Street, 8th Floor, New York, NY 10036. Limit one entry per 3x5 card and outer envelope. All Mail-In Entries must be postmarked by the last day of the Entry Period and received no more than seven (7) calendar days later.
The following applies to both methods of entry: LIMIT ONE ENTRY PER PERSON. Although subsequent attempts to enter the Promotion may be received, only the first entry for this Promotion that is received from a particular individual 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 methods described above. 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 submitted in accordance with these Official Rules and actually received by the Promotion Entities before the applicable deadline will be included in the prize drawing. Illegible, unintelligible, incomplete, garbled, or mutilated entries will be disqualified. All entries become the property of Sponsor, and none will be acknowledged or returned.
- Online Entry: An Entrant will receive one (1) entry in the Promotion for: (a) completing a survey offered by the Sponsor that qualifies for entry into the Promotion (a “Qualifying Survey”); and (b) submitting that Qualifying Survey in accordance with these Official Rules before the close of the Entry Period. Notification of close date and time is included in initial email invitation and blog posts. Attempts to enter submitted prior to or after the Entry Period will be disqualified.
- Conduct: By entering this Promotion, the Entrant agrees to comply with and be bound by these Official Rules and the decisions of DF and Sponsor, which are final and binding in all respects. Failure to comply with these Official Rules 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. Sponsor 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 Sponsor- or Yahoo-related website; (b) violating the Official Rules; (c) violating the terms of service, conditions of use and/or general rules or guidelines of any Sponsor or Yahoo 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, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
- Prize: One Prize winner will receive USD $1,000, to be awarded in the form of an American Express gift card. Approximate retail value of Prize: $1,000 USD. Fulfillment options are subject to changes in availability.
Limit one prize per winner per year in any Tumblr-sponsored promotion. Prize cannot be used in conjunction with any other promotion or offer. Prize may not be transferred or assigned except by Sponsor. Only listed Prize 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. Promotion Entities expressly disclaim 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. Promotion Entities make 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. - Winner Selection and Notification: Winner will be selected in a random drawing from among all valid entries received in accordance with the deadlines described in Rule 3 above. Drawings will be conducted by a representative of the Sponsor within or around fifteen (15) days following the close of the Entry Period (the “Drawing Date”). Odds of winning depend on the number of eligible entries received for inclusion in the drawing.
Winner will be notified via email within fifteen (15) days of the Drawing Date. A Prize will be awarded only on verification by the Administrator that all Promotion requirements have been met by the potential winner. No correspondence will be entered into except with selected Entrants at their email addresses listed on the DF systems, or on the Mail-In Entries.
DF and Sponsor are not responsible for and shall not be liable for late, lost, misdirected, or unsuccessful efforts to notify the winner.
Each potential prize winner may be required to sign, have notarized and return an Affidavit of Eligibility and Liability/Publicity Release (collectively, the “Affidavit and Release”) (except where prohibited by law) and provide any additional information (such as social security number), that may be required by Promotion Entities. If a potential prize winner is under the age of 18, the parent or guardian of the potential prize winner will be required to execute the Affidavit and Release on the potential prize winner’s behalf. Except where prohibited by law, potential winners must return all such required documents within seven (7) days following attempted notification or prize may be forfeited. If a potential winner fails to complete, sign and return the Affidavit and Release to DF within seven (7) days the Sponsor reserves the right to void that entry and select another eligible Entrant for that Prize. Any Prize awarded will be delivered by the Administrator to the official winner within 4-6 weeks after receipt of the signed and fully completed Affidavit and Release. 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. If applicable, winner may be issued an IRS Form 1099 which documents the value of the prize for tax purposes. 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. - 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 the Promotion, each Entrant: (i) confirms compliance with these Official Rules, (ii) releases and forever discharges the Promotion Entities and each of their respective 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 (iii) gives permission to the Sponsor, at its option, to publish or otherwise use the Entrant’s name, address (city and state only), photograph, voice and comments, without compensation, in any publicity carried out by the Sponsor or DF or their respective advertising agencies, except where prohibited by law.
- Limitations of Liability: Promotion Entities assume no responsibility for lost, late, misdirected, illegible, or mutilated entries, 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, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion, and, if applicable, to select winners from among all eligible entries received prior to the cancellation.
- Disputes/Governing Law: Except where prohibited, entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Promotion, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Southern District of New York or the appropriate New York State Court located in New York County, New York; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys' fees; and (iii) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, special, 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, 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 (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
- Privacy: By entering the Promotion, you agree to Sponsor’s use of your personal information as described in Sponsor’s Privacy Policy, located at https://www.tumblr.com/policy/en/privacy
- Winners List: To obtain a copy of the winners list or a copy of these Official Rules, send your request to: Tumblr Survey Contest, C/o Deep Focus, Inc. 229 W 43rd Street, 8th Floor, New York, NY 10036. Requests must be received no later than three months after the survey closes and a self-addressed stamped envelope (with sufficient international postage) must be enclosed.