TERMS AND CONDITIONS

Yabb Happy Holidays Competition (The Competition) is in no way sponsored, endorsed, administered by, or associated with Facebook, Twitter or Instagram. Participants provide a complete release of Facebook, Twitter and Instagram in relation to this competition.

1. The Competition is open to worldwide residents aged 18 or over. However, The Competition is void where prohibited by local or national laws.
2. By entering this promotion you (The Entrant) agree to be bound by these Terms and Conditions.
3. The Competition is free and no purchase is required to enter The Competition.
4. Promotional Period: Entries will begin at midday on the 21^thDecember 2015 North American Pacific Standard Time (Beginning Of The Competition) and will close at midnight on the 11^thJanuary 2016 North American Pacific Standard Time (End Of The Competition)

PROMOTER

5. The Promoter is Baycall S/B (Baycall) of Suite 17, 281 Sussex St, Sydney NSW 2000, Australia.
6. Employees of Baycall, its subsidiary companies, their families, agents and other parties directly involved with this promotion and the sponsorship are not eligible to enter.

HOW TO ENTER & WIN

7. To enter, The Competition you must:
   1. install Yabb Messsenger on your Apple or Android Smartphone (if you have not already done so) from www.yabb.com/install or Apple's App Store or Google Play Store.
   2. Take a photo with Yabb's in-app camera of how you celebrated your holidays.
   3. Edit the photo with the "Draw" feature in Yabb.
   4. Upload the photo to Yabb's Social Stream.
   5. Take a screenshot of the post.
   6. Upload the screenshot to Yabb's Facebook Post as a comment.
   7. Like Yabb's Facebook page.
8. Your Facebook followers/friends must vote for your screenshot by clicking on the thumbs up button on Facebook located in the bottom of your comment.
9. The screenshot that has the most likes in Facebook wins first prize by The End of The Competition, the screenshot that has the second most likes in Facebook by The End of The Competition wins second prize and the screenshot with the third most likes in Facebook by The End of The Competition wins third prize
10. For the avoidance of doubt, any entries that are submitted via means other than those outlined above will be disqualified
11. Photos or artwork submitted must not:
    1. contain any material which is defamatory of any other person;
    2. contain any material which is obscene, offensive, hateful or inflammatory (or is of a sexually explicit nature)
    3. infringe any copyright, database right or trade mark of any other person (such as a photo of a copyright work, such as a painting or another photograph, taken without the owner's permission)
    4. be likely to deceive any person
    5. be taken without the subject's consent (or depict any subject under the age of 18 without their legal guardian's consent)
    6. be likely to harass, upset, embarrass, alarm or annoy any other person;
    7. show or encourage risky or dangerous behavior;
    8. show or encourage discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
    9. show or encourage any illegal or immoral activity violence, racial hatred, cruelty to animals or any other anti-social or unlawful behavior of any kind. If any photos breach these house rules or any applicable law, The Promotor reserves the right to de-tag, take down, remove or delete (where possible) any such images. In any event, such photos (and the participant that posted it) shall be disqualified from the competition.
12. By uploading the photo, participants warrant and undertake that they are the legal and beneficial owner of all intellectual property rights in their photo and that it is their own original work and does not infringe any third party rights. Participants hereby waive and agree not to assert any moral rights in and in connection with the photo. All people pictured in the photo must agree to be featured and for the photo to be uploaded via Facebook or Yabb Messenger's Social Stream, and must also waive and agree not to assert any applicable moral or similar rights and agree to the photo being entered in the competition and the entrants warrant that applicable consents have been obtained.
13. Each Entrant may submit as many entries as they wish. However, duplicate entries are not allowed and will be deleted or removed and may disqualify the Entrant.

PRIZES:

14. Three total winners will be selected receiving prizes in the following tiered fashion:
    • First Prize : $250 Amazon Gift Card
    • Second Prize: $150 Amazon Gift Card
    • Third Prize: $100 Amazon Gift Card
15. The prize must be taken as stated and no compensation will be payable if the winner is unable to use the prizes as stated.
16. The Prizes carry no cash value, are non-transferable and may not be substituted by the winner.
17. No compensation will be payable if the winner is unable to use the prize as stated.

WINNER SELECTION PROCESS

18. Winners will be selected based on the number of Likes received for their photo post on Facebook at The End Of The Competition.
19. If more than one of the winning entrant receives the same number of votes at the End Of The Competition (Tied Winners), the Competition may be extended until such time that the one of the Tied Winners receives an additional 20 Likes. The First Tied Winner to receive 20 Likes will win the prize in this situation. There will only be one winner for each First, Second and Third prize in The Competition.
20. Entries for The Competition will be rejected if they:
    1. contain defamatory, malicious, indecent or other inappropriate content;
    2. have been submitted previously in a competition or promotion of any kind or exhibited or displayed publicly through any means;
    3. refer to brands other than those of the Promoter and Yabb Messenger
    4. include trademarks, logos or copyrighted material not owned by you;
    5. include the names or similar of any individual without their express permission;
    6. represent a danger to health and safety; and
    7. disparage the promoter, Yabb Messenger or any other person or party affiliated with the promotion.
21. Bulk entries made from trade, consumer groups or third parties will not be accepted. Incomplete or illegible entries, by or via third parties or syndicates, entries by macros or other automated means (including systems which can be programmed to enter), and entries which do not satisfy the requirements of these terms and conditions in full will be disqualified and will not be counted. If it becomes apparent that a participant is using a computer(s) to circumvent this condition by, for example, the use of 'script','brute force', masking their identity by manipulating IP addresses, using identities other than their own or any other automated means in order to increase that participant's entries into the competition in a way that is not consistent with the spirit of the promotion, that person's entries will be disqualified and any prize award will be void.
22. By entering the competition, entrants give their permission for their entries to be used by the Promoter without further compensation. By entering this competition the entrant agrees to the Promoter using and publishing these entries in any way they see fit, be it for advertising, on their website or across social media including Instagram, Facebook, Print media and Twitter. They also agree to other possible promotional use in media of the promoters choosing without any payment and without credit given to the original entrant.
23. Entrants agree their entry is their own original work and does not infringe the intellectual property rights of any other party.
24. The Promoter reserves the right at its absolute discretion to disqualify Entries which it considers do not comply with these terms and conditions or any participant who it Reasonably believes has interfered with the fair running of this Promotion.
25. The Promoter shall have the right, where necessary, to undertake all such action as is reasonable to protect itself against fraudulent or invalid claims including, without limitation, to require further verification as to the identity, age, and other relevant details of a participant. If The Entrant does not cooperate with The Promoter the Entrant will be disqualified from The Competition and will not be awarded any Prize whatsoever.
26. Entries must be made by the participant, and must not be made through agents or third parties. Proof of identity may be requested.
27. This Promotion is governed by Malaysian law.
28. The Promoter is entitled to terminate the competition at any time during the competition period, without prior notice and without stating reasons. In particular, this may apply in cases where this is necessary in one or more countries for organizational or technical reasons (e.g. computer system viruses,manipulation or errors in the hardware/software) or legal reasons. In the unlikely event that this happens The Promoter does not have any obligation to award prizes or delete submitted entries from Yabb Messenger's Facebook page or Yabb Messenger's Social Stream.

WINNER NOTIFICATION PROCESS

29. The winners will be announced across Yabb Messenger's Facebook, Twitter and Instagram pages with the winner's post tagged into the announcement
30. These announcements will be made on the 15th January 2016
31. To ensure easy communication, we recommend that all entrants follow Yabb Messenger's brand and set their settings on Public. Communication with those on Private settings may not be possible.
32. Winners must respond within 14 days of notification, otherwise the promoter reserves the right to reallocate the prize to the next best entry. Once the winner has contacted by the promoter, communication will then be offline.
33. The Promoter's decision the winners of The Competition and any aspect of The Competition is final.
34. No responsibility is accepted for entries lost, damaged or delayed as a result of any network, computer hardware or software failure of any kind.
35. Please allow one week for the promoter to contact you after the winners have been selected
36. By entering the Promotion, the participant agrees to release the Promoter from any liability whatsoever for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with The Competition or with the acceptance, possession, attendance at or use of any prize (except death or personal injury caused by the Promoter's negligence, for fraud, or otherwise as prohibited by law). The maximum liability of the Promoter, Directors, Officers, Parent Company and Affiliates of The Promotor to any other party for damages for any and all cause whatsoever, and the other Party's maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, shall be limited to the total value of the first prize of USD$250.

PRIVACY

37. The winners may be required to participate in the Promoter's marketing and promotional activities and by entering the promotion consents to such participation.
38. The Promoter will only use the personal details supplied for the administration of the Competition or marketing activities of Yabb Messenger and for no other purpose, unless The Promotor has The Entrant's consent. The Promoter may disclose The Entrants' personal information to its contractors and agents to assist in conducting The Competition or communicating with Entrants.