Search Results for ‘audience giveaway’
Miami Beach turns 100 this month and we’re celebrating all month long by giving away trips to lucky members of our studio audience.
Today’s audience member was playing for a 5-night stay at the Hotel Croydon, which offers the ultimate vacation experience with a rooftop sun deck with magnificent views of the city.
Miami Beach turns 100 this month and we’re celebrating all month long by giving away trips to lucky members of our studio audience.
Today’s audience member was playing for a 5-night stay at The Clevelander, located in the cultural hotspot called Lincoln Road, which is known for its elegant shopping and dining!
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.
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.
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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.
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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
- Copyrights and Copyright Agent
- Changes to Site/Terms
- User Accounts
- User Forums and Your Upload Information
- Restrictions on Use
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- Linking to the Web Site
- Non-United States Residents
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- Unsolicited Submissions
- Ability To Accept Terms
- 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.
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;
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- 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:
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TALK WW PRODUCTION, INC.
RADIO CITY STATION
PO BOX 2078
NEW YORK, NY 10101-2078
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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 email@example.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
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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.
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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”).
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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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 myhabit.com.
These Terms were last updated on August 6, 2010.
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!
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
- 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
- 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
- Children’s Privacy
- California Privacy Rights
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.
Information from Other Sources
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.
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;
- 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;
- 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.
- 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.
When We Disclose The Information We Collect
With Whom We May Share Information
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
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.
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.
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.
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 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.
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 firstname.lastname@example.org .
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.
California customers may request further information about our compliance with this law by e-mailing email@example.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.
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