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6 cd4ad01

  1. 1. 2012 Q2 Yahoo!- VISA Commercial Offer Promotion for Singapore Terms and Conditions1. This promotion (“Promotion”) is run by Yahoo! Singapore Digital Marketing Pte. Ltd.(Singapore Co. Reg. No. 200713564D), a company incorporated in Singapore and located at60 Anson Road #13-01 Mapletree Anson, Singapore 079914 ("Yahoo!").2. By dealing with Yahoo! in connection with this Promotion, you are deemed to agree tothese terms and conditions (“T&C”), which will at that time become binding between you andYahoo!.3. You confirm that you will not be in breach of any agreement with any third party and/orany applicable law or regulation, by virtue of your participation in this Promotion and thereceipt of any Item by you.4. To enter into this Promotion, you must be:(a) over 18 years of age;(b) a resident of Singapore; and(c) a new Yahoo! Search Marketing advertiser who has opened a Yahoo! Search Marketing account from Yahoo! Search Marketings Online Sign-up located at http:// advertisingcentral.yahoo.com/searchmarketing/en_SG/visa_promotion., during the period 15 June 2012 to 31 October 2012 (“OLS account”).In addition, you must not have any existing Yahoo! Search Marketing Accounts openedbefore 15 June 2012 and you must not be an employee of:(i) Yahoo! or any of its group companies;(ii) any media agency; or(iii) any reseller of Yahoo!s or any of such reseller’s group companies which provide search marketing products or services.5. Your acceptance of these T&C is in consideration of Yahoo! allowing you to enter thisPromotion and giving you the opportunity to obtain the reward items as described inparagraph 8 below (“Items”), which are subject to availability, limited and offered on a while-stocks-last first-come-first-served basis.6. There is no fee charged to enter into this Promotion.7. To receive an Item, you must:(a) sign up for a Yahoo! Search Marketing account during the period commencing on 15 June 2012 and ending on 31 October 2012 and incur an actual spend of US$150 ("Minimum Actual Spend") or more in click charges and for advertising in Singapore within 60 days of your account signup and make payment of the Minimum Actual Spend with a valid VISA Commercial credit/debit card;(b) quote the promotional code issued by Yahoo! for this promotion;(c) upon account signup, pay a minimum of US$30 as an initial non-refundable advance credit (which shall count towards the Minimum Actual Spend) and make such payment with a valid VISA Commercial credit/debit card;
  2. 2. (d) opt into the Yahoo! Search Marketing Optimisation program; and(e) not ask for or receive a refund or charge back of the Minimum Actual Spend.8. If you satisfy the requirements stated above, Yahoo! will, subject to availability, give youthe following Item: SGD150 worth of CapitaVouchers, to be used in participating stores inCapitaMalls and subject to the CapitaVoucher terms of use. Any pictures of the Item are forinformation only. There is no cash alternative to the Item and the Item cannot be redeemedfor cash. Items are limited and are given on a first-come first-served basis. This promotioncannot be combined or used with any other promotions, offers or discounts. You can onlyreceive a maximum of one Item under this promotion.9. Yahoo! will notify you via email by 20 January 2013, if you are eligible to receive an Item.Upon notification by Yahoo!, you must acknowledge receipt and notify Yahoo!, via email onor before 27 January 2013, whether you wish to receive the Item and the delivery addressfor the Item, failing which it will be deemed that you do not wish to receive the Item and theItem will revert to Yahoo! and may be given to another recipient at Yahoo!’s sole andabsolute discretion.10. Upon receipt of your acknowledgement, Yahoo! will send, within two (2) weeks of youracknowledgement of receipt and notification to Yahoo! of your delivery address, the Item byregistered post or courier to the delivery address provided by you. Yahoo! does not acceptany responsibility for any failure by the postal service to deliver any Item or your failure toaccept delivery of any Item. Yahoo! may award, assign or dispose of anyunaccepted/uncollected Item(s) in any manner in its sole discretion.11. Reporting and payment of all applicable taxes, fees, and/or surcharges, if any, arisingout of, or resulting from, acceptance or use of an Item are your sole responsibility. For theavoidance of doubt, except as specifically stated, Items do not include and Yahoo! will not beresponsible or liable for any tax, insurance, telecommunication charge, travel expenseand/or any other personal expense that you incur or may incur in connection with theacceptance, receipt or use of Items, which will remain your sole responsibility. Yahoo!expressly disclaims any responsibility or liability for any damage, injury or loss to or sufferedby any person, entity or property directly or indirectly arising from or relating to the delivery,collection and/or subsequent use of any Item. Yahoo! makes no representations orwarranties, whether express or implied, or in fact or in law, concerning the quality,appearance, safety or performance of any Item. Yahoo! is not obliged to and will not replaceany Item with a similar item or any other item, in the event you or your designee or nomineeis unable to enjoy the Item. Yahoo! will not replace any lost or stolen Item.12. (a) Your information may be used by Yahoo! in connection with this Promotion, and inaccordance with Yahoo!s Privacy Policy, currently located at , subject to the following, whichwill be in addition to the Privacy Policy.13. (b) Yahoo! may use your information collected during this Promotion for marketing orpromotional purposes, including using your name and likeness to identify recipients of theItem. Any person who receives any Item under this Promotion is deemed to accept thisparagraph.14. (c) You will agree to the two privacy provisions above and to the processing by Yahoo!and its affiliates of personal information about you or collected in connection with thisPromotion (including without limitation information about physical or mental health, racial orethnic origins, religious or similar beliefs, sexual life, political opinions, trade unionmembership, criminal convictions or alleged criminal activity, as applicable), for the purposesand in the manner set out above or in Yahoo!s Privacy Policy (including the disclosures ofsuch information or transfer of it to jurisdictions which may not provide the same legal
  3. 3. protection as in Singapore). Agreement to the foregoing by you is a condition precedent foryou to receive any Item under this Promotion. Any person who receives any Item under thisPromotion is deemed to accept this paragraph.15. Except as otherwise required by applicable law, Yahoo! is not responsible for any loss ordamage associated with you entering into this Promotion or the provision or otherwise of anyaspect of any Item or any act or omission of any other person or party, and all warranties,conditions and representations (of any kind) not expressly set out in these T&C are herebyexcluded.16. Yahoo! may terminate these T&C, this Promotion or any Item if you do not comply withany of these T&C or are unlikely to do so, if Yahoo! decides in its absolute discretion beforeany person is notified of eligibility and any Item obtained, or thereafter if any circumstancesbeyond Yahoo!’s reasonable control prevent or restrict Yahoo! or any other person or partyfrom providing any Item or carrying out any aspect of this Promotion.17. Yahoo! will have the right at its sole discretion to disqualify any person found to be or inYahoo!’s reasonable opinion has been: (a) tampering or attempting to tamper with an IO orany Yahoo! property or service; (b) violating these T&C or any applicable law or regulation;(c) violating the terms of service, conditions of use and/or general rules or guidelines of anyYahoo! property or service; or (d) acting in an improper or disruptive manner, or with intent toannoy, abuse, threaten or harass any other person.18. You agree that (unless applicable law requires otherwise) any right that you have underapplicable law in connection with this Promotion or these T&C terminates after 1 January2012. If you cannot or do not wish to receive any Item for any reason, you must notify Yahoo!and Yahoo! may in its absolute discretion give the Item to someone else or decide not toprovide the Item at all.19. You may not assign or transfer your rights or obligations, or subcontract your obligations,under these T&C, including requiring Yahoo! to deliver the Item to anyone else, withoutYahoo!’s prior written consent. Yahoo! may assign or transfer its rights or obligations, orsubcontract its obligations, under these T&C without your consent.20. Yahoo! or its licensors retain and reserves all rights in and to each website, and allaspects of this Promotion and each Item, including all derivatives, developments,modifications and improvements.21. These T&C, and any instructions from Yahoo!, constitute the entire agreement betweenyou and Yahoo!, superseding any prior agreements between you and Yahoo! on the subjectmatter herein. Any failure or delay by Yahoo! in exercising or enforcing, or partial exercise orenforcement of, any right or provision of these terms and conditions will not constitute awaiver of such right or provision (or waive any further exercise or enforcement) or any otherright or provision. If any provision of these T&C is found by a court of competent jurisdictionto be invalid, the parties nevertheless agree that the court should endeavour to give effect tothe parties intentions as reflected in the provision and the other provisions of the terms andconditions will remain in full force and effect.22. These terms and conditions and all matters arising from or in connection with them aregoverned by Singapore law and the courts of Singapore will have exclusive jurisdiction in theevent of any such dispute.[end]

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