Search Results for ‘audience giveaway’

Free Stuff: ShoeBuy.com Gift Card

Log on to Wendy’s Facebook page, “Like” it and enter for your chance to win a $100 gift card to ShoeBuy.com!

ShoeBuy.com is the world’s largest website for shoes with 1,400 top name brands, representing over 1 million products, for men, women and kids!

Plus, they offer free shipping and returns on U.S. orders and are known for their award-winning customer service.

Visit www.ShoeBuy.com to start shopping today!

(You must submit your entry between 7:00 AM PST and 11:59 PM PST on Thursday, May 2, 2013.)

For any difficulties redeeming audience giveaway vouchers, click here to send us an email.

Official Rules for The Wendy Williams Show- “Wendy’s Biggest Fans – 500th Show” Contest

1. NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. The Wendy Williams ”Wendy’s Biggest Fans – 500th Show Contest” (the “Contest”) is sponsored by Talk WW Production, Inc. d/b/a “The Wendy Williams Show” (“Sponsor”). The geographic scope of this promotion is in the forty-eight contiguous United States (but excluding Puerto Rico) and the District of Columbia only. Do not proceed in this Contest if you are not a legal resident of and physically residing in the United States, or if you are a legal resident of the United States and you do not fall within the eligibility requirements set forth in the Official Rules below. Contest is subject to all federal, state and local laws. Void where prohibited by law. By entering, participants agree to these Official Rules. Limit one (1) entry per email address during the Entry Period (defined below in Section 5). Only online entries submitted in accordance with these Official Rules will be accepted. No faxed, emailed or mailed entries will be accepted.

2. All participants must be eighteen (18) years old at the time of entry and have Internet access and a valid email account prior to the beginning of the Entry Period. Officers, directors and employees of Talk WW Production, Inc., Debmar Mercury and any of their respective parents, affiliates, subsidiaries, distributors, suppliers, franchisees, promoters, and agents of any of these (all such individuals and entities collectively referred to herein as the “Contest Entities”), and the immediate families (defined as spouse, parents, siblings or children) of the employees of any of these, are not eligible to enter, to be nominated as a potential winner or to win. Sponsor has the right to verify the eligibility of each entrant.

3. Up to or in excess of eighty (80) selected winners (individually or collectively, the “Prize Winner”) will receive VIP tickets to attend a special taping of the 500th episode (the “Episode”) of “The Wendy Williams Show” in New York, New York which shall air on May 23, 2012 (collectively, the “Prize”). Prize winner(s) SOLELY responsible for transportation to and from the Wendy studio for the Episode and any and all taxes (including income taxes) resulting from acceptance and use of any audience giveaway prizes received. Prize winner(s) responsible for all other costs and expenses. The odds of winning the Prize(s) depend on the total number of timely and best entries received during the Entry Period. Winner(s) must be available during the period of May 21 -23, 2012 or any other dates designated by Sponsor. Winner(s) must show government issued photo I.D., pass a background check and upon request of Sponsor, potential prize winner(s) must sign and return any required forms, including, without limitation, affidavits of eligibility, prize acceptance and liability and, where imposing such condition is legal, publicity release forms, and IRS-W9 forms. Actual retail value of Prize may vary, depending on products Sponsor selects for audience members and travel accommodations, if any. Winner(s) responsible for any and all expenses and fees, including but not limited to taxes, not stated above as part of Prize. Any portion of Prize not used by each winner, if applicable, is forfeited and no cash substitute will be offered or permitted. All federal, state, and local laws apply.

The Episode is currently scheduled to take place in New York, NY and tape on May 23, 2012 and air on May 23, 2012. If any of the Prize winner(s) are unable to participate in the Prize trip and attend the Episode taping during the dates set forth by Sponsor, the Prize will be forfeited in its entirety. Nothing set forth herein shall be construed to require Talk WW to hold the Episode at any particular time, or at all. In the event that the Episode listed in the Prize description does not or cannot take place as scheduled or at all, for reasons included but not limited to scheduling conflicts, cancellations, postponement, an event of force majeure, or for any other reason, then the Prize winner shall receive the remaining components of the Prize, if any. In this event, the remaining components of the Prize or no Prize shall constitute full satisfaction of Sponsor’s prize obligation to the Prize winner, and no other or additional compensation will be awarded.

Each Prize Winner shall conduct him/herself with due regard to the public conventions and morals. Each Prize Winner shall not, while acting as a VIP guest at the Episode, commit an offense involving moral turpitude under federal, state or local laws or ordinances. The Prize Winner shall not do or commit any act or thing that will tend to degrade the winner and/or Sponsor in society or bring the Winner and/or Sponsor into public hatred, public disrepute, contempt, scorn, or ridicule, or that will tend to shock, insult or offend the community or public morals or decency or prejudice the Contest Entities. Inappropriate conduct, as determined at the sole discretion of the Sponsor, may result in forfeiture and termination of any on-air appearance portion of the Prize, if any. In the event the Prize winner engages in behavior that, as determined by Sponsor in its sole discretion, is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserve the right to send the Prize winner home with no further compensation.

4. Prizes may not be transferred or substituted. Any portion of any prize not accepted, claimed or used in its entirety by any winner by any deadlines announced by Sponsor will be forfeited and no substitute will be offered or permitted. All prizes being offered are provided “as is” with no warranty or guarantee either express or implied by Contest Entities. Merchandise prizes carry no warranty other than that offered by manufacturers. Contest Entities have neither made nor are responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any Prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose.

5. Entries will be accepted beginning Monday, March 26, 2012 at 10:00 a.m. Eastern Time (“ET”) and ending May 1, 2012 at 11:59 p.m. ET (“Entry Period”). The Contest consists of one step: submit your entry form online at http://community.wendyshow.com/page/s/500th-show during the Entry Period in accordance with the deadlines described below. You are limited to one (1) entry form per email address during the Entry Period. To submit your entry form, visit the Contest web page at http://community.wendyshow.com/page/s/500th-show and complete an entry form with the following required information: your (a) name, (b) address, (c) telephone number, (d) date of birth, (e) e-mail address, (f) a picture of yourself (subject to the Picture/Video Upload Agreement) and (g) video submission with answer to the question of why you should be in audience for the 50th episode and why you’re the biggest Wendy fan (collectively, an “Entry”). By May 11, 2012, or within a reasonable time thereafter, Sponsor will select the final entrants to be declared the Prize winner(s) who will be eligible to attend the special Episode taping in New York, New York as a VIP guest. Determination of winner by Sponsor shall be in Sponsor’s sole discretion. Except as set forth herein, personal information collected from entrants during the Contest is subject to Sponsor’s privacy statement available at http://www.wendyshow.com/wendy/qa-with-wendy/privacy-policy.

6. Prize winner(s) will be notified by Sponsor by telephone or e-mail in accordance with the information supplied on their entry forms. Time is of the essence in awarding and fulfilling the Grand Prize. As a result, any unwillingness, inability or other failure to travel on the dates specified by the Contest Entities may result in forfeiture of the prize. Prize winner(s) must submit an Affidavit of Eligibility / Release of Liability / Prize Acceptance Form within twenty-four (24) hours of attempted notification and may be required to submit any additional documents required by Sponsor If any Prize or affidavit or release is returned to Sponsor as undeliverable or if Sponsor does not receive a response from any winner within twenty-four (24) hours of attempted notification, such winner may be disqualified and such Prize will be awarded to an alternate winner. In the event that any potential winner (a) cannot be contacted directly by Sponsor within twenty-four (24) hours from initial attempted notification, (b) fails to satisfy any eligibility or verification requirement herein, (c) declines to accept the prize, (d) or is otherwise determined to be ineligible, Sponsor may in its discretion disqualify that individual and an alternate winner will be chosen in Sponsor’s sole discretion as soon as reasonably practicable after initial winner is determined to be ineligible.

7. By accepting the prize, winner grants Contest Entities and their advertising and promotional agencies and providers and those acting under their permission the irrevocable and perpetual right to use his/her name, likeness, voice, comments, and entry for advertising, marketing, and publicity purposes without payment of additional consideration, except where prohibited by law. Without limitation to the foregoing, prize winning entry may be highlighted on Sponsor’s Facebook page or any other Contest Entity website. Prize winner grants Contest Entities and their advertising and promotional agencies and providers and those acting under their permission the irrevocable and perpetual right to use their name, likeness, voice, comments, and any photographs or video or audio footage that may be taken, including without limitation in the prize winner’s home, during a shopping trip for prize winner or design consultation (if applicable for a field shoot), for advertising, marketing, and publicity purposes in any form of media, now known or hereafter developed or perfected, without payment of additional consideration or acknowledgement.

8. Each person who enters this Contest represents and warrants as follows: (i) the Entry is the entrant’s own original, previously unpublished, and previously unproduced work; (ii) the Entry does not contain any computer virus (as applicable), is otherwise uncorrupted, is wholly original with entrant, and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iii) the Entry does not and will not violate or infringe upon the intellectual property rights or other rights of any third party; and (iv) the Entry does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. Each entrant hereby agrees to indemnify and hold the Contest Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder.

9. For good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, each entrant into the Contest hereby irrevocably grants the Contest Entities and their respective successors and assigns, a non-exclusive license (but not the obligation) to reproduce, publicly perform, stream, exploit and otherwise use the Entry throughout the universe, in perpetuity, by means of any and all media and devices whether now known or hereafter devised. The Contest Entities shall have the right, in their sole discretion, to edit, composite, morph, scan, duplicate, or alter the Entry for any purpose which Contest Entities deem necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have therein.

10. Entrants agree that Contest Entities (a) are not responsible for lost, interrupted, or unavailable network, server, or other connections, or for any failed telephone or computer hardware or software, or for any failed, delayed, misdirected, corrupted, or garbled transmissions or errors of any kind, whether human, mechanical, or electronic, or for entries that for any reason are not received by Sponsor by the deadlines stated above; (b) are not responsible for any injury or damage to any computer, modem or other electrical device as a result of participation in the Contest or downloading of any software or materials; (c) are released from any and all liability related to the Contest and the receipt and use of the prize; and (d) will not be responsible for the inability to select potential winner(s) because of postal failure, equipment failure, or data storage failure.

11. Sponsor’s interpretation of these Official Rules — including but not limited to rules regarding entries, selection of winners, deadlines, restrictions on prizes, and eligibility — shall control, and all of its decisions are final. By entering, participants agree to these Official Rules.

12. Each entrant hereby acknowledges and agrees that the relationship between the entrant and the Contest Entities is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to provide the entrant’s Entry to Sponsor for purposes of the Contest does not place the Contest Entities in a position that is any different from the position held by members of the general public with regard to elements of the entrant’s Entry. Each entrant understands and acknowledges that the Contest Entities have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each entrant also acknowledges that many ideas or stories may be competitive with, similar or identical to the Entry and/or each other in theme, idea, plot, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of any Contest Entity’s use of any such similar or identical material. Each entrant acknowledges and agrees that the Contest Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Entry. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of a Contest Entity’s actual or alleged exploitation or use of any Entry or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the motion picture currently entitled “The Hunger Games” or any other production based on or allegedly based on the Entry, and entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.

13. Sponsor reserves the right to cancel, terminate or suspend the Contest or any part of the Contest should any non-authorized intervention, network failure, information storage failure, telecommunications failure, malfunction, or other causes beyond its control, corrupt or impair the security, administration, fairness and/or operation of the Contest as determined by Sponsor in its sole discretion, at which event, no prizes will be awarded.

14. Sponsor reserves the right to prohibit any entrant from participating in the Contest if, in its sole discretion, Sponsor finds such entrant to be tampering with the entry process or the operation of the Contest, or if such entrant repeatedly shows a disregard for, or attempts to circumvent, these Rules, or acts: (a) in a manner Sponsor determines to be not fair or equitable; (b) with an intent to annoy, threaten or harass any other entrant or any of Contest Entities; or (c) in any other disruptive manner. Any person attempting to defraud or tamper with the Contest in any way will be ineligible for prizes and may be prosecuted to the full extent of the law. Tampering includes attempting to enter more than the number of entries permitted by these rules or by using an automated device for entry. Any failure by the Sponsor to enforce any of these Official Rules shall not constitute a waiver of such Official Rules. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

15. All activity arising out of and relating to the Contest is subject to verification and/or auditing for compliance with the Official Rules and you agree to cooperate with Sponsor concerning verification and/or auditing. All references to an entrant’s status as a “winner” are subject to verification and/or auditing by Sponsor. If verification activity or an audit evidences non-compliance of an entry or entrant with the Official Rules as determined by Sponsor in its sole discretion, Sponsor reserves the right to disqualify the entrant and remove the entry from the Contest at any time.

16. BY ENTERING THE CONTEST, EACH ENTRANT AGREES TO INDEMNIFY, RELEASE AND HOLD HARMLESS CONTEST ENTITIES, AND THEIR RESPECTIVE PARENT, AFFILIATE AND SUBSIDIARY COMPANIES, ADVERTISING AND PROMOTIONAL AGENCIES, AND ALL THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS FROM ANY LIABILITY, DAMAGES, LOSSES OR INJURY (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES) WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), CONTRACT, WARRANTY, STRICT LIABILITY, RELIANCE OR UNDER ANY OTHER THEORY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THAT ENTRANT’S PARTICIPATION IN THE CONTEST AND THE ACCEPTANCE, USE OR MISUSE OF ANY PRIZE THAT MAY BE WON, AND WHETHER OR NOT EACH CONTEST ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CONTEST ENTITIES, AND THEIR RESPECTIVE PARENT, AFFILIATE AND SUBSIDIARY COMPANIES DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CONDITION, FITNESS OR MERCHANTABILITY OF THE PRIZE.

YOU UNDERSTAND AND AGREE THAT YOUR DOWNLOAD, INSTALLATION, AND/OR USE OF THE CONTEST WEBSITE LINK AND ALL OTHER ELEMENTS OF THIS PROMOTION ARE AT YOUR OWN DISCRETION AND RISK. CONTEST ENTITIES, AND THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, ADVERTISING AND PROMOTIONAL AGENCIES, AND ALL THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS DISCLAIM ANY LIABILITY FOR DAMAGE TO ANY COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM ACCESS TO OR THE DOWNLOAD OF INFORMATION OR MATERIALS CONNECTED WITH THE CONTEST.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE CONTEST SECTION OF THE WEBSITE AND ALL OTHER ELEMENTS OF THIS PROMOTION IS AT YOUR SOLE RISK. THE CONTEST AND WEBSITE SECTION AND ALL OTHER ELEMENTS OF THIS PROMOTION ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE CONTEST SECTION OF THE WEBSITE AND ALL OTHER ELEMENTS OF THIS PROMOTION AND THE INTERNET. YOU UNDERSTAND THAT CONTEST ENTITIES MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, TIMELINESS, AVAILABILITY AND/OR PERFORMANCE OF THE CONTEST SECTION OF THE WEBSITE AND ALL OTHER ELEMENTS OF THIS PROMOTION.

17. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrants and Contest Entities 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 or provisions that would cause the application of the laws of any jurisdiction other than the State of New York. Any legal proceedings arising out of the Contest or relating to these rules shall be instituted only in the federal or state courts located in the State of New York, County of New York and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these rules. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

18. For a copy of the Official Rules, visit www.wendyshow.com or for a list of the winner(s), mail a self-addressed stamped envelope (“SASE”) to: “Wendy -500th Show Contest”, Attn: Production Counsel, “The Wendy Williams Show”, Radio City Station, P.O Box 2078, New York, NY 10019, specifying “Winners’ List” or “Official Rules Request” in a letter with your SASE. Any legally required Winners’ List will be available after May 30, 2012. Requests must be postmarked by June 30, 2012.
All Rights Reserved.

Terms of Use

IMPORTANT! PLEASE READ THESE TERMS OF USE AND THE TERMS AND CONDITIONS OF THE WEB SITE’S PRIVACY POLICY, WHICH ARE PUBLISHED AT [HTTP://WWW.WENDYSHOW.COM/TERMS] AND [HTTP://WWW.WENDYSHOW.COM/ABOUT/PRIVACY], RESPECTIVELY, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE (TOGETHER, THE “TERMS”) CAREFULLY BEFORE USING WWW.WENDYSHOW.COM, AS THEY AFFECT AND GOVERN YOUR LEGAL RIGHTS AND OBLIGATIONS. TALK WW PRODUCTION, INC., dba “The Wendy Williams Show,” ITS PARENT, SUBSIDIARIES, AFFILIATES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, “COMPANY” OR “WE,” “OUR,” OR “US”) OWNS OR CONTROLS WWW.WENDYSHOW.COM (HOWEVER ACCESSED AND/OR USED, WHETHER VIA PERSONAL COMPUTERS, MOBILE DEVICES, OR OTHERWISE) AND OTHER INTERACTIVE FEATURES THAT ARE ACCESSIBLE OR DOWNLOADABLE THROUGH WWW.WENDYSHOW.COM AND THAT POST A LINK TO THESE TERMS (THE “WEB SITE”). IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.

YOU AGREE TO THESE TERMS BY ACCESSING OR USING THIS WEB SITE, REGISTERING FOR SERVICES OFFERED ON THE WEB SITE, OR BY ACCEPTING, UPLOADING, SUBMITTING OR DOWNLOADING ANY INFORMATION OR CONTENT FROM OR TO THE WEB SITE.

In some instances, both these Terms and any separate guidelines document or end user license agreement setting forth additional conditions may apply to a service or feature offered through this Web Site (“Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. Unless explicitly stated otherwise, any new features that augment or enhance the Web Site, including the release of new or specialized Company web-based services, are subject to these Terms. In order to use the Web Site, you must obtain access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment and technology necessary to make such connection to the Internet (e.g., personal computer, modem, cell phone, other access device, etc.).

You agree to comply with all rules, laws and regulations that are applicable to your use of the Web Site, including, without limitation, those governing your transmission or use of any software or data.

Although we may attempt to notify you when major changes are made to these Terms, you should periodically review the most up-to-date version.

TABLE OF CONTENTS

  • Ownership of Content/License
  • Software
  • Copyrights and Copyright Agent
  • Changes to Site/Terms
  • User Accounts
  • User Forums and Your Upload Information
  • Restrictions on Use
  • Warranties/Disclaimers/Limitations on Liability
  • No Personal Advice
  • Indemnification
  • Third Parties/No Endorsement
  • Linking to the Web Site
  • Promotions
  • Location/Jurisdiction
  • Non-United States Residents
  • Filtering/Parental Controls
  • Termination
  • Unsolicited Submissions
  • Ability To Accept Terms
  • Miscellaneous
  • Contact Us
  • Effective Date

OWNERSHIP OF CONTENT/LICENSE

This Web Site and all of its past, current and future content, such as articles, opinions, other text, directories, guides, photographs, illustrations, designs, compilations, images, video and audio clips and advertising copy, as well as the trademarks, logos, domain names, trade names, service marks, trade identities, any and all copyrightable material (including source and object code), and all other materials related to the “look and feel” of the Web Site, and any other form of intellectual property (collectively, the “Content”) is owned by or licensed to Company or other authorized third parties and is protected as intellectual property or otherwise. Except as expressly set forth in these Terms or expressly granted to you in writing by Company, no rights (either by implication, estoppel or otherwise) are granted to you. You may only use the Content as expressly set forth in these Terms. UNAUTHORIZED USE, COPYING, REPRODUCTION, STORING, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING, REMOVAL OR ALTERATION OF ADVERTISING OR ANY OTHER MISUSE OF ANY OF THE CONTENT IS STRICTLY PROHIBITED. You agree to abide by any and all additional copyright notices, information or restrictions contained in any part of the Web Site.

Subject to your strict compliance with these Terms and any Additional Terms and all applicable local, national, and international laws and regulations, Company grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to access, download, view, use and/or play a single copy of the Content (excluding object and source code) on an “as is,” “as available,” and “with all faults” basis. You must retain all copyright, trademark and other proprietary notices contained in the original Content or any copy you may make of the Content. You may not, nor may you allow or aid or abet any third party (whether or not for your benefit) to copy or adapt any code that comprises the Web Site’s software, HTML, JavaScript or other script, or otherwise reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code used to generate the Web Site or any software or other products or processes accessible through the Web Site, nor insert any code or product to manipulate the Content in any way that affects any user’s experience. Unless otherwise expressly authorized in these Terms, the Additional Terms or on the Web Site, you further agree that you will not, in whole or in part, modify, reproduce, archive, transfer by any means, create derivative works from, publish in any form, online or offline, disseminate, or circulate to any third-party, or otherwise use the Content in any way for any public or commercial purpose.

SOFTWARE

Any software that we make available for download or use from the Web Sites and/or our servers (the “Software”) is the copyrighted work of Company or its licensors or suppliers. Your use of the Software may be governed by Additional Terms. Please carefully read any Additional Terms to determine the full extent of conditions governing the use of such Software. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE ADDITIONAL TERMS APPLICABLE TO SUCH SOFTWARE.

COPYRIGHTS AND COPYRIGHT AGENT

If you are a copyright owner or an agent thereof and believe that any Content on the Web Site infringes upon your copyright(s), you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • 1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • 2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  • 4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • 5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • 6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Company’s copyright agent for notice of claims of copyright infringement on or regarding the Web Site can be reached as follows:

By mail:
Attn: Copyright Agent
TALK WW PRODUCTION, INC.
RADIO CITY STATION
PO BOX 2078
NEW YORK, NY 10101-2078

By email: productionattorney@wendyshow.com .

For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Company’s customer service representatives through techissues@wendyshow.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.

CHANGES TO SITE/TERMS

Company may add, change, discontinue, remove or suspend any portion of the Web Site at any time, without notice. We reserve the right, in our sole discretion, to modify, alter, or otherwise change these Terms and will post any new or revised terms on the Web Site. Nothing in these Terms shall be deemed to confer any third-party benefits.

USER ACCOUNTS

Certain areas of the Web Site may ask you to create an account or may otherwise ask you to provide information to participate in certain features or to access certain content (e.g., e-mail, newsletters, sweepstakes, etc.). You may never use another’s account without permission.

If you choose to provide information to the Web Site, you agree to provide only true, accurate, current and complete information. The Web Site’s practices governing your personal information are disclosed in its Privacy Policy. If you create an account, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your account. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer, cell phone or other internet access device, as applicable, so that others may not access any password protected portion of the Web Site using your name, user name or password, in whole or in part. You must notify Company immediately of any breach of security or unauthorized use of your account. Although Company will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Company or others due to such unauthorized use.

Certain areas of the Web Site may ask you to create an account with third-party web sites (“Third Party Sites”) and ask you to provide information to participate in certain features or to access their site. We are not responsible for the privacy policies and practices of such third party(s) and, therefore, you should review the privacy policies and practices of such third party(s) prior to agreeing to receive such information from third party(s). If you later decide that you no longer want to receive communication from a third party, you will need to contact that third party directly. We reserve the right to suspend, restrict, disable or terminate your accounts with Third Party Sites associated with “The Wendy Williams Show” and www.wendyshow.com if we deem your behavior inappropriate.

USER FORUMS AND YOUR UPLOAD INFORMATION

Forums, message boards, chat rooms, online diaries, social networking areas, or other interactive areas on the Web Site (“User Forums”) are provided to give users a forum to express their opinions and share their ideas and information. Users may be able to upload or otherwise submit information, data, software, messages, suggestions, photographs, audio, video, text, and other materials to the Web Site through User Forums and links to Third Party Sites where Company maintains a related content web page(s) which may include forums, message boards, chat rooms, online diaries, social networking areas, or other interactive areas (“Third Party User Forums”) (collectively, “Your Upload Information”).

Company and Affiliates (defined below) do not endorse the content, including, without limitation, any of Your Upload Information, posted in User Forums or otherwise on the Web Site. Company reserves the right, but is not obligated, to reject, delete, move or edit Your Upload Information in whole or in part, for any reason in Company’s sole discretion Company reserves the right to suspend or terminate your access to the Web Site and pursue all legal remedies if we believe your Upload Information infringes another’s copyright or otherwise violates these Terms, any law, rule or regulation. You acknowledge and agree that you are prohibited from accepting payment for Your Upload Information, including, without limitation, accepting payment for the inclusion of a logo, brand or other commercial content, in Your Upload Information.

Your Upload Information is your sole responsibility. This means that you, and not Company, are entirely responsible for all Your Upload Information that you upload, post, e-mail, transmit or otherwise make available via the Web Site. Under no circumstances will we be liable in any way for any of Your Upload Information including, but not limited to, any errors or omissions in Your Upload Information, or for any loss or damage of any kind incurred as a result of Your Upload Information.

You shall be solely responsible for Your Upload Information and the consequences of posting or publishing Your Upload Information. In connection with Your Upload Information, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Company to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Your Upload Information to enable inclusion and use of the Your Upload Information in The Wendy Williams Show or in any other manner contemplated by the Web Site and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in Your Upload Information to use the name or likeness of each and every such identifiable individual person (including, but not limited to legal guardian(s) of any minor depicted) to enable inclusion and use of Your Upload Information in The Wendy Williams Show or in any other manner contemplated by the Web Site and these Terms. Company is not responsible for any copyrighted material you may upload to www.wendyshow.com or on any Other Third Party Sites associated with The Wendy Williams Show or www.wendyshow.com. Except as otherwise expressly described in the our Privacy Policy, any applicable Additional Terms or on the Web Site, Your Upload Information will be treated as non-confidential and non-proprietary and we will not be liable for any use or disclosure to anyone, including but not limited to claimed intellectual property owners.

When you upload your Upload Information via the Web Site, you automatically and irrevocably grant to Company, its Affiliates, and partners a non-exclusive, worldwide, royalty-free license to Your Upload Information and all right, title and interest in Your Upload Information, including, without limitation, all patents, trademarks, service marks, trade names, trade identities, copyrights, trade secrets, logos, domain names, know-how, source code and object code, mask-work rights, inventions, moral rights, author’s rights, algorithms, rights in packaging, goodwill and other intellectual property and proprietary rights whatsoever in Your Upload Information. You further agree that Company, its Affiliates, and the directors, officers, employees, and other representatives of each of them will have the unfettered right throughout the universe, in perpetuity, without any credit or compensation to you, to use, reuse, modify, alter, paraphrase, display, archive, publish, sub-license, perform, reproduce, disclose, transmit, broadcast, post, sell, translate, create derivative works of, distribute and use for advertising, marketing, publicity and promotional purposes, any of Your Upload Information or portions of Your Upload Information, and your name, voice, likeness, and other identifying information in any form, media, software or technology of any kind now known or developed in the future for any purposes whatsoever including, without limitation, developing, manufacturing and marketing products using Your Upload Information. The above licenses granted by you in Your Upload Information are perpetual and irrevocable. You hereby waive any moral rights you may have in and to any of Your Upload Information, even if such material is altered or changed in a manner not agreeable to you. You agree and understand that Company and its Affiliates are not obligated to use Your Upload Information, submitted through the Web Site or otherwise. Company has the unfettered right (but not the obligation), in its sole discretion, to modify, edit, refuse, move, remove, destroy, discard, limit or block access to Your Upload Information, for any reason, without any liability whatsoever.

Company does not endorse Your Upload Information or any opinion, recommendation, or advice expressed therein, and Company expressly disclaims any and all liability in connection with Your Upload Information. Company does not permit copyright infringing activities and infringement of intellectual property rights on its Web Site, and Company will remove Your Upload Information if properly notified that Your Upload Information infringes on another’s intellectual property rights. Company reserves the right to remove Your Upload Information for any reason without prior notice.

You agree that you have evaluated and hereby agree to bear all risks associated with, the use of any of Your Upload Information including, but not limited to, any reliance on the accuracy, completeness, or usefulness of Your Upload Information. You understand that you may bear legal responsibility for others exposure to any offensive, indecent, or objectionable content in your Upload Information.

Please note that, generally, Your Upload Information will be accessible by other users of the Web Site. Please be sure that any of Your Upload Information that you post on any publicly accessible portion of the Web Site (including any online diary entry or entries that you choose to share with others, either via the Web Site or by e-mailing the entry or entries to your friends or families) is information that you are comfortable sharing with others.

You understand that when using the Web Site, you will be exposed to Your Upload Information from a variety of sources, and that Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to Your Upload Information. You further understand and acknowledge that you may be exposed to Your Upload Information that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Company with respect thereto, and agree to indemnify and hold Company, its Affiliates and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to Your Upload Information posted by you and your use of the site.

As used in these Terms, “Affiliates” means any parent, subsidiary, affiliate, licensor, division, shareholder, director, officer, partner, agents or assign of Company, Lions Gate Entertainment Corp. and Debmar-Mercury, LLC and their respective parents, subsidiaries, affiliates, licensors, divisions, shareholders, members, directors, officers, partners, agents and assigns.

RESTRICTIONS ON USE

You represent, warrant and agree not to do any of the following while using the Web Site:

  • i.Harass, stalk, sexually exploit, violently exploit, act violently toward or otherwise abuse another user;
  • ii.Upload, post, e-mail, transmit, display, distribute, promote or otherwise make available (collectively, “Transmit”) to any other user or on the Web Site any material: (i) that is profane, false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparaging of “The Wendy Williams Show,” its host, Company or its Affiliates); (ii) contains any negative comments that pertain to an individual’s race or national origin, gender, sexual preference, religion or physical handicap; (iii) that adversely affects Company or Affiliates business such as discouraging any person or entity from advertising with, linking to or supplying Company or Affiliates; (iv) is, vulgar, indecent, sexual, obscene or pornographic; (v) that promotes violence, racial hatred, terrorism or illegal acts; (vi) contains the personal information of a third party; or (vii) is otherwise objectionable (as determined by Company in its sole discretion);
  • iii.Transmit any content, information, or software that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Company all of the license rights granted herein or which is otherwise unlawful, plagiarizes, or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright (including, without limitation, offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial registration numbers for software programs, or any type of cracker utilities), or any other intellectual property, proprietary right or any other rights of any third party;
  • iv.Transmit material of any kind that contains viruses, Trojan horses, time bombs, worms, spyware, bots, any automated use of the system, such as scripts, or other harmful, disruptive or destructive files or post material that interferes with any third party’s uninterrupted use and enjoyment of the Web Site, interferes with or disrupts the Web Site or servers or networks connected to the Web Site or disobeys any requirements, procedures, policies or regulations of networks connected to the Web Site;
  • v.Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or otherwise disguise the origin of any content transmitted through the Web Site or to Company, including forging or manipulating any TCP/IP packet header or any part of the header information in any transmission to the Web Site for any reason;
  • vi.Transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, requests for money, petitions for signature, or any other form of solicitation or offer for sale of any products or services, except in areas specifically designated for such purposes;
  • vii.Encourage, promote, solicit or commit conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal or international law, rule or regulation or otherwise make available any material that exploits or harms any individual, corporation or other entity;
  • viii.Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Web Site are able to type, or otherwise act in a manner that negatively affects other user’s ability to engage in real time exchanges; or
  • ix.Solicit or collect personal data including, without limitation, telephone numbers, addresses, last names or email addresses, about other users.

You are solely responsible for your interaction with other users of this Web Site, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users.

WARRANTIES/DISCLAIMERS/LIMITATIONS ON LIABILITY

THE WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEB SITE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS”. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, ABOUT: (A) THE WEB SITE; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE WEB SITE; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE WEB SITE; (D) THE MESSAGES AND INFORMATION SENT FROM THE WEB SITE BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEB SITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEB SITE OR ANY LINKED SITE. COMPANY DOES NOT WARRANT THAT THE WEB SITE, ANY OF THE WEB SITES FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEB SITE OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

FURTHER, COMPANY AND ITS AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE. COMPANY DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE WEB SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, COMPANY SPECIFICALLY DISCLAIMS SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THIS AGREEMENT. COMPANY OR ITS AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM SHALL NOT BE LIABLE FOR THE USE OF THE WEB SITE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.

YOU UNDERSTAND AND AGREE THAT COMPANY FURTHER LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE WEB SITE AS SET FORTH BELOW.

NEITHER COMPANY NOR ITS AFFILIATES ARE RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, SOFTWARE, CELL PHONE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.

UNDER NO CIRCUMSTANCES SHALL COMPANY AND ITS AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE “COMPANY ENTITIES AND INDIVIDUALS”), BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, ECONOMIC OR PUNITIVE DAMAGES), THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (1) THIS WEB SITE AND ITS CONTENT, SOFTWARE OR YOUR UPLOAD INFORMATION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEB SITE (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEB SITE AND ITS CONTENT, SOFTWARE OR YOUR UPLOAD INFORMATION; (4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (5) ANY ERRORS OR OMISSIONS IN THE WEB SITE’S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF COMPANY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSES IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEB SITE).

IN NO EVENT WILL COMPANY ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, UNDER NO CIRCUMSTANCES WILL THE COMPANY ENTITIES AND INDIVIDUALS BE LIABLE TO YOU FOR ANY REASON RELATED OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN FIFTY DOLLARS ($50).

YOUR ACCESS TO AND USE OF THIS WEB SITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE WEB SITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEB SITE OR THE CONTENT.

YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF COMPANY’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO EQUITABLE RELIEF OF ANY KIND, INCLUDING, WITHOUT LIMITATION, AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, CONTENT, SOFTWARE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY COMPANY AND/OR ITS AFFILIATES OR YOUR UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY COMPANY WEB SITE, CONTENT, SOFTWARE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.

BY ACCESSING THIS WEB SITE, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEB SITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEB SITE OR THE CONTENT AND WHERE YOUR UPLOAD INFORMATION OR ANY SUBMISSIONS POSTED BY YOU CAN BE VIEWED BY OTHERS.

NO PERSONAL ADVICE

This Web Site, its Content (including any information provided by users) is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. In addition to the “Disclaimer/Limitation on Liability” paragraph above, the Company Entities and Individuals make no representations or warranties and expressly disclaim any and all liability concerning any treatment or action by any person following the information offered or provided within or through the Web Site. If you have specific concerns or a situation in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless the Company Entities and Individuals from and against any actual or alleged claims, demands, causes of action, investigations, settlements, judgments, damages, losses, liabilities, and all costs and expenses of defense (including, without limitation, reasonable attorneys’ and other legal fees and costs) arising out of or relating to: (1) your use of the Web Site; (2) your violation of these Terms, any Additional Terms, or any law, rule or regulation; (3) your use of the Content; or (4) or Your Upload Information. You will cooperate as fully and reasonably as required by Company or its Affiliates in the defense of any claim. Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Company. This defense and indemnification obligation will survive these Terms and your use of the Web Site.

THIRD PARTIES/NO ENDORSEMENT

Certain areas of the Web Site may allow you to conduct transactions or purchase goods or services from or through a third party or Third Party Sites, including, for example, www.wendystuff.com. Also, third party advertisers may offer goods, services and other materials to you on the Web Site and we may also provide hyperlinks to Third Party Sites. Your correspondence and business dealings with third parties on or through the Web Site including, without limitation, the payment and delivery of products and services, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and such third party.

You should be aware that Content provided by third parties on the Web Site or on Third Party Sites might contain errors, omissions, inaccuracies, outdated information, and inadequacies and that the Content may be subject to terms and conditions, which may be found in the documents and policies of third parties or Third Party Sites. We make no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Content and will not be liable for any lack of the foregoing.

Third parties and Third Party Sites may have different privacy policies, terms and conditions and business practices than we do. We do not endorse, verify, make any representations, or take responsibility for the content, truthfulness, accuracy, quality or completeness of the content or activities conducted on any Third Party Sites.

Further, under certain circumstances, we may permit third party users to upload content, in which event you may be exposed to offensive, indecent or objectionable content. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.

YOU AGREE THAT COMPANY AND ITS AFFILIATES WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, RESOURCES OR CONTENT AVAILABLE THROUGH ANY THIRD PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON THE CONTENT, ADVERTISING, OR BUSINESS PRACTICES OF ANY THIRD PARTY.

Reference on the Web Site to any product, process, publication or service of any third party by trade name, domain name, trademark, trade identity, service mark, trade identity, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by Company or its Affiliates. Users are requested to inform Company of any errors or inappropriate material found on Third Party Sites to which this Web Site is or may be linked.

LINKING TO THE WEB SITE

If you establish or maintain a link to this Web Site, such link must go directly to the home page, and the link must be in plain text, unless otherwise pre-approved in writing by Company. The link to this Web Site must not damage, dilute or tarnish the goodwill associated with any Company names or any other Company intellectual property, nor may the link create the false appearance that your web site or organization is sponsored, endorsed by, affiliated or associated with Company or its Affiliates. You may not “frame” or create a border around this Web Site or alter its intellectual property or Content in any way. You may not establish or maintain a link to the Web Site from a site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is other inappropriate (in Company’s sole discretion). Company reserves the right, in its sole discretion, to terminate a link with any web site that it deems inappropriate or inconsistent with this Web Site or these Terms.

PROMOTIONS

This Web Site may contain or offer giveaways, sweepstakes or other promotions, which may be governed by a separate set of rules that describe the giveaways, sweepstakes or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor’s requirements of you in connection with the applicable sweepstakes or promotion.

LOCATION/JURISDICTION

Company operates this Web Site in the United States. Information contained on this Web Site may not be appropriate or available for use in other locations, and access to this Web Site where the Content of the Web Site may be illegal is prohibited. If you access this Web Site from other locations, you do so on your own initiative and you are solely responsible for compliance with applicable laws. These Terms will be construed and enforced in accordance with the laws of the State of New York, without regard to its conflicts of law principles, and specifically will not be governed by the United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable. Any cause of action filed by you with respect to the Terms any Additional Terms or your use of this Web Site must be filed in the County of New York, City of New York, State of New York within ninety (90) days after the occurrence of the facts giving rise to the cause of action, otherwise the cause will be forever barred. You hereby consent and submit to the exclusive jurisdiction and venue of the courts located in the County of New York, City of New York, State of New York for any cause of action arising under these Terms or related to the Web Site and you hereby agree to waive all objections to such venue on grounds of forum non conveniens.

NON-UNITED STATES RESIDENTS

Company makes no representation that the Web Site or any Content, Software or other materials offer through the Web Site, including merchandise offered for sale on the Site and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States. No software from this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. With respect to shipments of merchandise to consumers, wherever they may reside, title to the merchandise and risk of loss shall pass to the buyer upon delivery of the merchandise to the common carrier.

FILTERING/PARENTAL CONTROLS

Pursuant to 47 U.S.C. Section 230(d), as amended, Company hereby notifies you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at: http://www.internet-filters.net/ Please note that Company does not endorse any of the products or services listed at such site.

TERMINATION

You understand and agree that Company will determine your compliance with these Terms or any Additional Terms in its sole discretion. Company reserves the right to deny access to all or part of the Web Site to any person in its sole discretion. Any violation of these Terms or any Additional Terms may be referred to law enforcement authorities. Upon termination of your user account or access to the Web Site, or upon demand by Company, you must destroy all materials obtained from this Web Site and all related documentation.

UNSOLICITED SUBMISSIONS

The Wendy Williams Show is pleased to hear from its audience/viewers/users and welcomes your comments regarding The Wendy Williams Show and The Wendy Williams Show online services, including the Web Site. Unfortunately, however, the Company and its Affiliates do not accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions, or materials. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by The Wendy Williams Show, the Company and its Affiliates or their respective professional staff might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you also do not send us any original creative materials such as stories or character ideas, screenplays, show or segment ideas, or original artwork.

If, at our request, you send us (other than by posting such submissions on the User Forums) specific submissions or, despite our request that you not send us any other creative materials, you send us (other than by posting such submissions on the User Forums) creative suggestions, ideas, notes, show or segment ideas, drawings, concepts, or other information (collectively, the “Submissions”), the Submissions shall be deemed, and shall remain, the property of The Wendy Williams Show, Debmar-Mercury, LLC and Lionsgate Entertainment Corp. Any Submissions posted on the User Forums will be treated as Your Upload Information and subject to all licenses and grants contained in these Terms.

None of the Submissions shall be subject to any obligation of confidence on the part of The Wendy Williams Show, Debmar-Mercury, LLC or Lionsgate Entertainment Corp., and The Wendy Williams Show, Debmar-Mercury, LLC and Lionsgate Entertainment Corp. shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, The Wendy Williams Show, Debmar-Mercury, LLC and Lionsgate Entertainment Corp. shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature, in perpetuity, throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. Applicable law may restrict or limit the foregoing provisions of this paragraph. If so, without limitation of the foregoing you agree that in no event shall The Wendy Williams Show, Debmar-Mercury, LLC or Lionsgate Entertainment Corp’s liability exceed the amount payable to a writer under the Writers Guild of America Basic Agreement for a network prime time story or teleplay.

ABILITY TO ACCEPT TERMS

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the Web Site is not intended for children under 13.

MISCELLANEOUS

You are solely responsible for compliance with applicable laws, rules, and regulations in connection with your use of the Web Site, the Content, the Software and Your Upload Information, including, without limitation, those governing your transmission or use of any software or data. These Terms and any applicable Additional Terms contain the sole and entire agreement between the parties with respect to the Web Sites, the Content, the Software, Your Upload Information and any Submissions and supersede any and all other prior written or oral agreements between the parties. You agree that these Terms and any Additional Terms will not be construed against Company by virtue of Company having drafted these Terms. If any provision of these Terms or any Additional Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms or any Additional Terms, which will remain in full force and effect. No waiver of any of these Terms or any Additional Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Company. No waiver of any term of this these Terms or any Additional Terms shall be deemed a further or continuing waiver of such term or any other term, and Company’s failure to assert any right or provision under these Terms or any Additional Terms shall not constitute a waiver of such right or provision. Company reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms for any changes. Your use of the Web Site following any amendment of these Terms will signify your assent to and acceptance of its revised terms. The section titles in these Terms are for your convenience only and do not have any legal or contractual effect. These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction.

CONTACT US
If you have any questions, comments or concerns about our Web Site or these Terms of Use, or would like to contact the show for any reason, please email: comments@wendyshow.net

Our mailing address is:
Box # WWS
245 8th Avenue
New York, NY 10011

For any difficulties redeeming audience giveaway vouchers, click here to send us an email.

To be a guest on the show, email us your Fan Outs or Celebrity Look-a-Like pictures, click here.

PUBLICIST
If you are a member of the press and are interested in interviewing Wendy, click here to send us an email. Do not send pitches for show bookings.

TRENDY @ WENDY
For questions about your “Trendy @ Wendy” order please contact support@trendyatwendy.com or call (424) 732-7030.

EFFECTIVE DATE
These Terms were last updated on August 6, 2010.

Wendy’s Got Spring Fever!

It’s getting hot in here!

Starting this Monday, and for the next four weeks, we’re giving away one sun-filled trip per week to Jamaica!

Watch for the “Word of the Day.” Then, log on to my Facebook page, “Like” it, and enter the “Word of the Day” correctly for your chance to win!

Four grand prize winners and their guest will fly to Montego Bay, Jamaica for a 5-night stay at the IBEROSTAR Rose Hall Beach hotel.

Make sure you watch the show every day because the more times you enter, the greater your chances of winning!

Plus, all month long, we’ll reveal the latest fashion and beauty trends and dish on juicy Hot Topics! Be sure to watch for Guy Candy where lucky audience members will win a date with our sizzling bachelors!

Viewers at home will also get the chance to win our daily Hot Stuff giveaways!

Catch the Fun! Catch the Fever! It all starts Monday!

Privacy Policy

This Privacy Policy applies only to www.wendyshow.com (however accessed and/or used, whether via personal computers, mobile devices, or otherwise), which is owned or controlled by Talk WW Production, Inc., dba “The Wendy Williams Show,” its parent, subsidiaries, affiliates, successors and assigns (collectively, “Company,” “we,” “our” or “us”), or other interactive features that are accessible or downloadable through www.wendyshow.com (excluding any third party web sites) and that post a link to this Privacy Policy (collectively, the “Web Site”). This Privacy Policy only covers information collected at the Web Site, and does not cover any information collected at any other web site or offline by Company (unless specifically stated). The purpose of this Privacy Policy is to disclose to you what information we may collect on the Web Site, how we may collect it, with whom we may share it, and certain other matters related to such information, including the choices you may have regarding our collection, use, and disclosure of such information.

Please read this Privacy Policy carefully. Company provides this Privacy Policy to help you make an informed decision about whether to use or continue using our Web Site. This Privacy Policy may be revised from time to time, so please revisit this page to remain fully informed of our privacy policy. In addition, this Privacy Policy is incorporated into and is subject to our Terms of Use which govern your use of the Web Site and the content you submit to the Web Site and any separate guidelines document or end user license agreement setting forth additional conditions may apply to a service or feature offered through this Web Site (“Additional Terms”).

TABLE OF CONTENTS

    • Types Of Information That Company May Collect; How We May Collect It
    • Information You Provide Us
    • Information From Other Sources
    • Send To A Friend
    • Cookies
    • Web Beacons
  • How We Use The Information We Collect
  • When We Disclose Information We Collect
  • With Whom We May Share Information
    • Third Parties Providing Services on Our Behalf
    • When You Agree to Receive Offers From Third Parties
    • Sweepstakes, Contest, Promotions & Giveaways
    • Newsletter
    • Business Transfers
    • Legal Protection and Law Enforcement
    • User Forums
  • Correcting/Updating Personal Information; Cancelling Subscriptions
  • Registering and Obtaining Tickets
  • Third Party Content and Links To Other Web Sites
  • International Users
  • Security
  • Children’s Privacy
  • California Privacy Rights
  • Notification Of Changes And Your Acceptance Of The Privacy Policy

Types Of Information That Company May Collect; How We May Collect It

Information You Provide Us

We may ask you to provide us with two types of information: (1) personal information, which is information that could reasonably be used to identify you personally, such as your name, e-mail address, telephone number, cellular telephone number and physical address, as well as any billing information that you may provide to us in connection with any orders or purchases made through the Web Site, such as a credit card number, credit card expiration date, and billing address; and (2) demographic information, such as gender, age, marital status, zip code, information regarding your education or number of children, or similar information. We may collect this information at various places and forms on the Web Site, including registration forms for tickets, newsletters and other communications (e.g., whether by e-mail, mobile device, etc.); when you communicate or otherwise interact with us, when you request show tickets; when you submit information to us (whether or not the information is intended to be posted on the Web Site); when you enter or participate in contests or sweepstakes, giveaways, surveys or voting; or when you purchase a product or service through the Web Site. You may also be asked to choose a user name and password in order to identify yourself during future visits to the Web Site. Do not use your real name or the name of any other actual person as your user name. Providing us with information about yourself is your choice, and you can always choose not to provide certain information, but then you may not be able to take advantage of some of the Web Site’s features.

In addition, the Web Site may make forums, message boards, chat rooms, online diaries, social networking areas, or other interactive areas on the Web Site (“User Forums”) available to its users. If you post personal information online in a User Forum, it will generally be publicly available and will not be considered personal information for purposes of this Privacy Policy as more fully set forth below.

Information from Other Sources

We may receive information about you from other sources; for example, we may obtain geographic or demographic information, or information regarding your possible interests, from third parties, or we may receive information from a marketing partner in connection with a co-branded web site or promotion. We may use this information for a variety of purposes, including to enhance our ability to serve you and to tailor content and ads we serve to you. We may combine the information we receive from those other sources with information we collect through the Web Site. In those cases, we will apply this Privacy Policy to any personal information received, unless otherwise specifically disclosed by us at the time you provide your personal information.

Please note that we may not respond to questions or information submitted to the Web Site via “Ask Wendy,” “Ticket Request,” “Comments,” or other similar mechanisms, or through third party web sites, such as “Facebook” or “Twitter.” However, we may contact you regarding your submission or to be a guest on The Wendy Williams Show or www.wendyshow.com. Questions or other information submitted to the Web Site via “Ask Wendy,” “Ticket Request,” “Comments,” or other similar mechanisms, or through third party web sites, such as “Facebook” or “Twitter,” may be used for broadcast in/on The Wendy Williams Show or on www.wendyshow.com and other web sites used to promote the show and site worldwide in perpetuity without further notice to you or your consent. Pictures submitted by you on “Ticket Request” may be used internally by Company in connection with “The Wendy Williams Show,” stored, discarded, or destroyed by Company, in Company’s sole discretion, and Company will have no obligation to return such submissions to you.

Send To A Friend

If you send a friend a communication from the Web Site, the information you provide (names, e-mail addresses, phone numbers, etc.) is used on a one-time basis to facilitate the communication and is not used for any other marketing purpose, unless we obtain additional consent.

Cookies

The Web Site uses standard technology called “cookies” which are small data files or strings of text that are transferred to your computer (or other Internet-accessing device) when you visit the Web Site and allow your browser to accept cookies. Cookies automatically identify your web browser to the Web Site whenever you visit the Web Site and may make navigating and using the Web Site easier for you. Additionally, accepting cookies may allow you to, among other things, personalize your experience on the Web Site. Company may from time to time use both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the Web Site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, please be aware that some areas of the Web Site may not provide you with an acceptable user experience if you have disabled the use of cookies.

Web Beacons

The Web Site and any communications sent by the Web Site may contain electronic files or images (generally, single-pixel “.gif” or images) called “web beacons” that allow the Web Site to count users who have visited that page or to access certain cookies. These web beacons allow Company and third parties to monitor and collect certain information about the viewer of the web page, web-based document, e-mail message, or other communication, such as the type of browser requesting the web beacon, the device identifier of the device that the web beacon is sent to and the time the web beacon was viewed.

How We Use The Information We Collect

We may use all of the information that we collect to:

  • Send you newsletters and/or other communications for which you have registered;
  • Contact you about the Web Site, including, without limitation, in our discretion to notify you of changes to this Privacy Policy, the Web Site’s Terms of Use, or other policies that affect your use of the Web Site;
  • Provide special offers or promotional materials to you on behalf of us or third parties;
  • Contact you with regard to a giveaway, sweepstakes, contest or promotion in which you have participated and to track your entries in such giveaways, sweepstakes, contests or promotions;
  • Authorize a purchase or complete a transaction that you have requested, or otherwise confirm or fulfill an order you have made (i.e., to deliver the products or other services that you ordered, and, if necessary, to invoice you);
  • Monitor or improve the quality, design, functionality of the Web Site;
  • Administer the Web Site’s systems and for other internal business purposes;
  • Customize the advertising and content you see and to otherwise personalize your experience on the Web Site;
  • Comply with and monitor compliance with our Terms of Use and other applicable agreements and polices;
  • Evaluate you for a possible invitation to be a guest on The Wendy Williams Show or www.wendyshow.com;
  • Generate topics for The Wendy Williams Show or www.wendyshow.com; and
  • For other purposes disclosed when you provide your information.

We may also use the information we collect through the use of cookies and/or web beacons to:

  • monitor metrics such as unique users (actually, unique web browsers), visits and page views;
  • monitor traffic and conversion patterns through our various product and service offerings on the Web Site (for example, web beacons may be integrated into a merchandise product page as well as the subsequent shopping cart, transaction and verification pages);
  • monitor the effectiveness of our marketing campaigns; and
  • determine whether or not messages were opened, links were clicked or notifications/offers were acted upon.

Moreover, if you submit to Company and/or the Web Site, either through the Web Site or through a third party web site where Company maintains a related content web page(s) (such as, for example and not by way of limitation, on a “Wendy Williams Show” page on a social networking site), comments, photographs, videos (including web cam videos), music, text or other content, then we may publish such submissions online or offline (including via Internet, radio, television, CD, DVD, wireless distribution, and in any other media or format currently existing or hereafter developed), and we may publish your name, voice, likeness and other personal information in connection with publishing the content or a portion of the content. In addition, we may use such submissions and any excerpt from such submissions in connection with advertising, marketing, publicity and promotional activities. Please also see “Information You Submit” in our Terms of Use and any applicable Additional Terms.

When We Disclose The Information We Collect

With Whom We May Share Information

We do not share your personal information with third parties for those third parties’ marketing purposes unless you opt-in to such sharing at the time you provide your personal information. We may share non-personal information, such as aggregate user statistics, demographic information, and web site usage information with third parties. In addition, we may share your information as disclosed at the time you provide your information, as set forth in this Privacy Policy and in the circumstances described below.

Third parties providing services on our behalf

We employ third parties to perform functions on our behalf; examples include hosting or operating the Web Site, sending e-mail and/or other communications, providing wireless services, removing repetitive information from customer lists, data analysis, marketing assistance, and customer service. These third parties may have access to information collected by Company, including without limitation your personal information, for the purpose of performing such functions on the Web Site’s behalf.

When You Agree To Receive Offers From Third Parties

Third party(s) may present you with an opportunity to receive information and/or marketing offers. If you do not agree to have your personal information shared, we will not share your personal information with such third party(s) for direct marketing purposes. If you do agree to have your personal information shared, then we may disclose your personal information to such third party(s). All information we disclose as well as all information you provide directly to such third party(s) will be subject to the privacy policy and practices of such third party(s). We are not responsible for the privacy policies and practices of such third party(s) and, therefore, you should review the privacy policies and practices of such third party(s) prior to agreeing to receive communications from such third party(s) and prior to agreeing disclose such information to such third party(s). If you later decide that you no longer want to receive communication from a third party, you will need to contact that third party directly.

Sweepstakes, Contests, Promotions and Giveaways

We may offer sweepstakes, contests, promotions, and other giveaways through the Web Site that may require registration. If you choose to enter a sweepstakes, contest , promotion or other giveaways, we may disclose your personal information to third parties in connection with the administration of such promotion, including, without limitation, in connection with winner selection, prize fulfillment, and as required by law, such as on a winners list. Also, by entering a promotion, you are agreeing to the official rules that govern that promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor(s) of the promotion to use your name, voice and/or likeness in advertising or marketing associated with the promotion.

Newsletter

Our Newsletters are periodically sent to users who have previously registered to receive such material. The information obtained during registration (e.g. email address) is securely stored to achieve a more tailored relationship with Company. At any time, user can “unsubscribe” to this service.

Business Transfers

Company shares the information collected through the Web Site with and among its parent, subsidiaries and affiliates. Company may sell any of it assets, including the Web Site, or consummate other transactions in which your personal information is one of the key business assets for the transaction. In such a case, we may transfer your personal information as one of the business assets we transfer. Hence, Company reserves the right to disclose and transfer user information, including personal information, in connection with a sale of a majority interest in the equity of Company, a corporate merger, consolidation, or restructuring of Company, the sale of all or substantially all of our assets, or other corporate change of Company.

Legal Protections and Law Enforcement

We may disclose information about our users, including your personal information, in the event we are required to respond to subpoenas, court orders, legal process or other valid law enforcement measures; to comply with a legal obligation; at the request of governmental authorities conducting an investigation; to verify or enforce compliance with the policies governing the Web Site and applicable laws; or to protect the legal rights, interests, or safety of the Web Site, our users or others. We may also use device identifiers to identify users, and may do so in cooperation with copyright owners, internet service providers, wireless service providers or law enforcement agencies in our discretion. Such disclosures may be carried out without notice to you.

Company also reserves the right to disclose personal information and/or non-personal information that Company believes, in good faith, is appropriate or necessary to enforce our Terms of Use, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of our Web Site, and to protect the rights, property, or personal safety of Company, our users or others.

User Forums

The Web Site may make User Forums available to its users or provide links to other third party web sites where Company maintains a related content web page(s) which may include forums, message boards, chat rooms, online diaries, social networking areas, or other interactive areas (“Third Party User Forums”). If you post comments, photographs, videos (including web cam videos), music, text or other content on any User Forums or Third Party User Forums, whether or not such postings include personal information, they will generally be publicly available (except in certain circumstances, such as “non-shared” user diaries) and you may receive unsolicited messages from other parties. We cannot ensure the security of any information you choose to make public in a User Forum or Third Party User Forum. Also, we cannot ensure that parties who have access to such publicly available information will respect your privacy. Please exercise caution when disclosing personal information in these areas. Your use of User Forums is at your own risk and is subject to our Terms of Use and any applicable Additional Terms. Your use of Third Party User Forums is subject to such third party’s privacy policy and terms of use.

Correcting/Updating Personal Information; Cancelling Subscriptions

The Web Site may contain web pages through which you can correct or update some of the personal information you have provided to us through registration with the Web Site. With regard to subscriptions, you also may cancel (or modify, if applicable) your subscriptions by following the instructions provided to you in applicable communications regarding such subscriptions.

Registering and Obtaining Tickets

BY REGISTERING AND OBTAINING TICKETS TO “THE WENDY WILLIAMS SHOW,” YOU CONSENT TO BE PHOTOGRAPHED BY MEANS OF VIDEO RECORDING AND YOU GRANT THE PRODUCER OF THE FOOTAGE, ITS SUCCESSORS, ASSIGNS, CARRIER STATIONS, NETWORK STATION(S), SPONSOR(S) OF THE PROGRAM AND MARKETING AND ADVERTISING AGENTS (AS WELL AS THEIR AFFILIATED AND RELATED ENTITIES) THE RIGHT TO RECORD AND USE YOUR NAME, VOICE, AND LIKENESS WORLDWIDE IN PERPETUITY FOR ANY PURPOSE WHATSOEVER. IN ADDITION YOU RELEASE THE ABOVE PARTIES FROM ANY AND ALL LIABILITY FOR LOSS OF DAMAGE TO YOUR PERSON OR PROPERTY WHILE AT OR AROUND THE PREMISES, AND YOU AGREE TO COMPLY WITH ALL RULES AND REGULATIONS OF COMPANY, THE PRODUCER AND THEIR RESPECTIVE AFFILIATES, INCLUDING, WITHOUT LIMITATION, DEBMAR-MERCURY LLC AND LIONS GATE ENTERTAINMENT CORP.

Third-party Advertisers, Links to Other Sites

Company allows other companies, called third-party ad servers or ad networks, to serve advertisements within the Web Site. For example, if you “click” on a banner advertisement, the “click” may take you off the Web Site onto a different web site. This includes links from advertisers, sponsors and partners that may use the Web Site’s logo as part of a co-branding agreement. These third-party ad servers or ad networks use technology to send, directly to your browser, the advertisements and links that appear on the Web Site. They automatically receive your IP address when this happens. They may also use other technologies (such as cookies, JavaScript, or web beacons) to measure the effectiveness of their advertisements and to personalize the advertising content you see.
Company does not provide any personally identifiable information to these third-party ad servers or ad networks without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. However, please note that if an advertiser asks Company to show an advertisement to a certain audience (for example, women ages 18-34) or audience segment (for example, women ages 18-24 who have viewed certain channels of content) and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience they are trying to reach. The advertiser may also use information regarding your use of the Web Site, such as the number of times you viewed an ad (but not any personally identifiable information), to determine which ads to deliver to you.

You should consult the respective privacy policies of these third-party ad servers or ad networks for more information on their practices and for instructions on how to opt-out of certain practices. This Privacy Policy does not apply to, and we cannot control the activities of, such other advertisers or web sites. Any data obtained by third-party ad servers subsequently shared with Company is maintained and dealt with by Company in accordance with this Privacy Policy.

International Users

The Web Site is hosted in the United States and is intended for and directed to users in the United States. If you are a user accessing the Web Site from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Web Site, which is governed by U.S. law, this Privacy Policy, and our Terms of Use, you are transferring your personal information to the United States and you consent to that transfer.

Security

Company uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure, warrant or guarantee the security of any information you transmit to Company and you do so at your own risk. Once we receive your transmission of information, Company makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

If Company learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Company may post a notice on the Web Site if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify us at productionattorney@wendyshow.com .

Children’s Privacy

The Web Site is a general audience web site. Protecting the privacy of children is especially important. We recognize the importance of safeguarding the privacy of children and encourage parents to check and monitor their children’s use of online activities regularly. The Web Site supports and complies with the Children’s Online Privacy Protection Act (“COPPA”) and other laws. The Web Site is not aimed at nor intended for children under the age of 13 and we will delete any information later determined to be from a user younger than thirteen (13). If you are under the age of 13, please do not use the Web Site. Our Web Site does not accept registration from children under the age of 13. No personally identifiable information (as defined in the COPPA, 15 U.S.C. Section 6501) is purposefully or knowingly collected from children under the age of 13 by Company on the Web Site without parental consent. Every user hereby agrees that all information you provide, including but not limited to age, shall be truthful and correct. Company will not condition a child’s participation in an online activity on the child providing more personally identifiable information than is reasonably necessary for participation in such activity.

California Privacy Rights

A California resident who has provided personal information to a business with whom he/she has established a business relationship for personal, family, or household purposes (“California customer”) is entitled to request information about whether the business has disclosed personal information to any third parties for the third parties’ direct marketing purposes. In general, if the business has made such a disclosure of personal information, upon receipt of a request by a California customer, the business is required to provide a list of all third parties to whom personal information was disclosed in the preceding calendar year, as well as a list of the categories of personal information that were disclosed.

However, under the law, a business is not required to provide the above-described information if the business adopts and discloses to the public (in its privacy policy) a policy of not disclosing customer’s personal information to third parties for their direct marketing purposes unless the customer first affirmatively agrees to the disclosure, as long as the business maintains and discloses this policy. Rather, the business may comply with the law by notifying the customer of his or her right to prevent disclosure of personal information and providing a cost free means to exercise that right.

As stated in this Privacy Policy, we do not share information with third parties for their direct marketing purposes unless you affirmatively agree to such disclosure — typically by opting in to receive information from a third party that is participating in a sweepstakes or other promotion on one of our sites. If you do ask us to share your information with a third party for its marketing purposes, we will only share information in connection with that specific promotion, as we do not share information with any third party on a continual basis. To prevent disclosure of your personal information for use in direct marketing by a third party, do not opt in to such use when you provide personally identifiable information on the Web Site. Please note that whenever you opt in to receive future communications from a third party, your information will be subject to the third party’s privacy policy. If you later decide that you do not want that third party to use your information, you will need to contact the third party directly, as we have no control over how third parties use information. You should always review the privacy policy of any party that collects your information to determine how that entity will handle your information.

California customers may request further information about our compliance with this law by e-mailing productionattorney@wendyshow.com . Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this e-mail address.

Notification Of Changes And Your Acceptance Of The Privacy Policy

By using the Web Site, you acknowledge your agreement to the terms of this Privacy Policy. From time to time, Company may update this Privacy Policy. However, Company will use your personal information in a manner consistent with the Privacy Policy in effect at the time you submitted the information, unless you consent to the new or revised policy. Your continued use of the Web Site constitutes your agreement to this Privacy Policy and any future revisions.

For revisions to this Privacy Policy that may be materially less restrictive on our use or disclosure of the personal information you have already provided to us, we will attempt to obtain your consent before implementing such revisions with respect to such information.

Date Last Modified:
This Privacy Policy was last modified May 20, 2009.
Contact Information: Please contact Company with any questions or comments about this Privacy Policy at productionattorney@wendyshow.com .