Welcome to the People's Choice Award offering that is owned and operated by One Three Digital, LLC ("OTD," "we" or "us"), including web site, tools, applications mobile apps, and other tools (the "Site"). Thank you for visiting and learning more about the People's Choice Awards!
Contents & Summary
|1.||You accept these Terms.||Each time you access and/or use the Site, you agree to be bound by these Terms and any additional terms that will apply to you.|
|2.||Updates to Terms||These Terms and additional terms posted on this Site at each time of use apply to that use, prospectively. You agree that we may provide notice to you of updated terms by posting them on the Site.|
|3.||Legal Capacity||You represent that you have the legal capacity to enter into the agreement set out in these Terms.|
|4.||You Must Provide Accurate Information||The information you submit to the Site must be correct. We can refuse access to the Site if we learn that information you have provided is inaccurate.|
|5.||Voting||NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO VOTE. Start and end dates for voting vary by category. All decisions regarding the voting process shall be final and shall not be subject to challenge or appeal|
|7.||Disclaimer of Warranties||We disclaim warranties and provide the Site "As Is."|
|8.||Limitation of Liability||Our liability is limited.|
|9.||Binding Arbitration||Any disputes under these Terms will be resolved on an individual basis through binding arbitration, with no class relief.|
|10.||Trademarks and Copyrights||This Site is protected by copyrights, patents, trade secrets or other proprietary rights.|
|11.||Permitted Uses||We only grant you a limited revocable license to use the Site for your own non-commercial use subject to rules and limitations.|
|12.||Forums||Forums OTD is not responsible for information you post on our Site.|
|13.||Submissions, Postings and Emails||We do not accept unsolicited ideas through your submissions, postings and emails and will not pay for them.|
|14.||Invited Submissions||From time to time, we may invite you to submit content to the Site. We will not pay for invited submissions.|
|15.||Our use of content||OTD will consider anything you provide to us as free of any obligations to you.|
|16.||User Content||You grant OTD a royalty-free, perpetual, non-exclusive, unrestricted license to your User Content.|
|17.||Claims of Infringement.||If you believe that any content appearing on this Site infringes on your copyrights or any other intellectual property rights, we want to hear from you. Please email [email protected].|
|18.||Responsible Use of Site||You may only use the Site for lawful purposes.|
|19.||Content Limitation||You may not post material that defames others or is otherwise unlawful and harmful.|
|20.||Release||You release us from any claims relating to third parties.|
|21.||Indemnity||You will indemnify and hold OTD harmless for material you post.|
|22.||System Abuse||You may not abuse the system.|
|23.||Security||Your usernames and passwords for this Site are for your use only and you are responsible for their security.|
|24.||Violation of Security Systems||You may not tamper with the system for this Site or the accounts of others.|
|25.||Investigations||OTD reserves the right to investigate suspected violations of these Terms.|
|26.||Service||In order to use this Site, you must obtain access to the World Wide Web and pay any related fees for same. We are not responsible for your access to the Site.|
|27.||Reservation of Rights||OTD may modify or discontinue this Site at any time.|
|28.||Local Regulations||OTD makes no representation that the Site is available for use outside of the United States.|
|29.||Third-Party Sites||We are not responsible for third parties or their content, advertisements, apps or sites.|
|30.||Proprietary Online Services||Any area of this Site that is accessed through any proprietary online service is subject to the rules, policies and guidelines of such service.|
|31.||Jurisdictional Issues.||The Site is designed to provide information regarding products in the United States and other locations around the world.|
|32.||Choice of Law||New York law will apply to these Terms.|
|33.||How to Contact Us||OTD owns and operates this Site. You can contact us at [email protected].|
|34.||General||If any portion of this agreement is deemed unenforceable, the remaining provisions will survive.|
2. Updates To Terms. Please note that these Terms may be revised and reissued, prospectively by posting updated terms on this Site. You consent and agree to receive notices of updates of these Terms through our posting of updated Terms on the Site. You should visit this page regularly to review the current terms. Your continued use of the Site will be deemed as irrevocable acceptance of any revisions.
3. Legal Capacity. This is a general audience Site for adults. We will assume (and by using this Site you warrant that) you have legal capacity to enter into the agreement set out in these Terms (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).
4. The Information You Give Us Must be Correct To access this Site or some of the resources it has to offer, you may be asked to provide registration details. It is a condition of use of this Site that all the details you provide be correct, current, and complete. If we at OTD believe the details are not correct, current, or complete, we have the right to refuse you access to the Site, or any of its resources, and to terminate or suspend your account.
5. Voting. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO VOTE.
A. How To Vote. To vote in the categories visit the Site and follow the directions to vote for your favorite nominees from the categories listed in section 2 below. The voting categories, start dates/times and end dates/times will be as listed in sections 2 and 3 below. All votes are subject to the voting conditions set forth in Section C below.
B. Online Voting Start Dates/Times and End Dates/Times. Except as otherwise noted below all online voting for all People’s Choice Awards voting categories begins at 12:00 PM EST on September 16, 2014 and ends at 11:59 PM EST on September 25, 2014, all online voting for all People's Choice Awards nominees in all voting categories begins at 12:00 PM EST on October 21, 2014 and ends at 11:59 PM EST on October 30, 2014 and all online voting for all People’s Choice Awards finalists begins at 12:00 PM EST on November 4, 2014 and ends 11:59 PM EST on December 4, 2014.
Notwithstanding the forgoing, (i) online voting for the nominees in the categories of Favorite New Network TV Comedy and Favorite New Network TV Drama begins at 12:00 PM EST on November 4, 2014 and ends at 11:59 PM EST on December 4, 2014 and all online voting for the finalists in the categories of Favorite New Network TV Comedy and Favorite New Network TV Drama begins at 12:00 AM EST on December 5, 2014 and ends at 10:00 PM EST on January 7, 2015, (ii) online voting for finalists in the categories of Favorite Animated TV Show and Favorite Sketch Comedy TV Show (note: there is no voting for nominees in these categories) will begin 12:00 PM EST on November 4, 2014 and ends 11:59 PM EST on December 4,2014, and (iii) there will be no voting for the nominees or finalists in the category of Favorite Humanitarian.
C. Voting Conditions. Voting in all categories is unlimited between the voting time periods listed above. All voting will be subject to verification and certification by an independent third party auditor. No automatic, programmed, robotic or similar means of voting are permitted. Participants who do not comply with these Terms and Conditions, or who attempt to interfere with the voting process or the operation of the Site in any way will be disqualified and their votes will not be counted. OTD reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend voting should any virus, bug, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the voting process. All decisions regarding the voting process shall be final and shall not be subject to challenge or appeal.
OTD, its affiliates, partners and promotion and advertising agencies are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, the Site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of voting information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one's ability to vote, including any injury or damage to participant's or any other person's computer or mobile device relating to or resulting from participating in the voting or downloading any materials. OTD is not responsible for lost, late, illegible, incomplete, invalid, unintelligible, technically corrupted or misdirected votes, which will be disqualified. OTD shall use commercially reasonable efforts to ensure the security and accuracy of all votes and the voting process (provided, however, that you acknowledge and agree that such methodologies are not infallible, and that OTD makes no guarantee as to their effectiveness).
CAUTION: ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE VOTING PROCESS MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, PCA RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
D. People's Choice Awards. The list of potential nominees for PEOPLE'S CHOICE AWARDS 2015 were determined by national ratings averages, box-office grosses, music sales and PeoplesChoice.com data, then vetted through EPoll Market Research. This process generated a list of the top candidates per category. Fans were asked to visit www.PeoplesChoice.com to pick their favorites and generate the final list of nominees for PEOPLE'S CHOICE AWARDS 2015. Fans had the option to write in their favorites not included among the provided candidates. All new shows currently on air are eligible in the categories of Favorite New TV Drama and Favorite New TV Comedy and these categories will remain open until day of show. The winners will be revealed during PEOPLE'S CHOICE AWARDS 2015 on January 7, 2015.
6. Online Privacy Notice. Your privacy is important to us. To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used at this site. Click here to show this notice, which forms part of these Terms.
7. Disclaimer of Warranties. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE SITE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITE, OTD AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF OTD ("THE OTD GROUP") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE OTD GROUP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE OTD GROUP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE OR ANY WEB SITES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE OTD GROUP MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN THE SITE OR ANY WEB SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE OTD GROUP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE SITE OR ANY OTHER WEB SITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
IF YOU ARE ACCESSING A UNITED KINGDOM VERSION OF THE SITE, NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM THE NEGLIGENCE OF EITHER PARTY OR THEIR SERVANTS, AGENTS OR EMPLOYEES.
8. Limitation of Liability. THE OTD GROUP DISCLAIMS ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SITE OR ANY OTHER WEB SITE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE OR ANY OTHER WEB SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF THE OTD GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY MEMBER OF THE OTD GROUP) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
9. Binding Arbitration of All Disputes; No Class Relief. With the exception of disputes pertaining to OTD 's intellectual property rights, any dispute of any kind between you and OTD arising under these Terms shall be resolved by binding arbitration in New York, New York, pursuant to the JAMS Streamlined Arbitration Rules and Procedures on an individual basis with no class relief. The arbitrator shall be a retired judge or justice of any New York state or federal court with substantial experience in the technology industry and shall follow New York substantive law in adjudicating the dispute, except that this Section 9 shall be construed as a "written agreement to arbitrate" pursuant to the Federal Arbitration Act ("FAA"). You and we agree that we intend that this Section 9 satisfies the "writing" requirement of the FAA.
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You may access and display Material and all other content displayed on this Site for non-commercial, personal, entertainment use on a single computer only. The Material and all other content on this Site may not otherwise be copied, reproduced, republished, uploaded, downloaded, posted, transmitted, distributed or used in any way unless specifically authorized by OTD. Any authorization to copy Material granted by OTD in any part of this Site for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other web site or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.
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14. Invited Submissions. From time to time, areas on this Site may expressly request submissions of concepts, stories, or other potential content from you ("Invited Submissions"'). Where this is the case, please carefully read any specific rules or other terms and conditions which appear elsewhere on this Site to govern those submissions ("Additional Terms"), as they will affect your legal rights. If no Additional Terms govern those submissions, then these Terms will apply in full to any Invited Submissions you make. IN ANY EVENT, ANY MATERIAL YOU SEND TO US WILL NOT BE TREATED AS CONFIDENTIAL. Regardless of any industry custom or practice, we will not pay you for the use of any content that you submit to the Site.
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d. Warrant that you are the owner of the User Content and entitled to enter into these Terms;
e. Confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that OTD shall not be liable for any use or disclosure of such User Content.
17. Claims of Infringement. If you believe that any content appearing on this Site infringes your copyright rights, we at OTD want to hear from you. Please forward the following information in writing to the Copyright Agent at the address listed below:
a. your name, address, telephone number, and e-mail address;
b. a description of the copyrighted work that you claim has been infringed;
c. the exact URL or a description of each place where alleged infringing material is located;
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e. your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
f. a statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner's behalf.
One Three Digital, LLC
3000 Olympic Blvd.
Building 1, Suite 2520
Santa Monica, CA 90404
Attn: Business & Legal Affairs
Phone no. (310) 903-5525
Email: [email protected]
OTD seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in USC section 512(c) or elsewhere.
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25. Investigations. OTD reserves the right to investigate suspected violations of these Terms, including without limitation any violation arising from any submission, posting or e-mails you make or send to any Forum. OTD may seek to gather information from the user who is suspected of violating these Terms, and from any other user. OTD may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If OTD believes, in its sole discretion, that a violation of these Terms has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. OTD will fully cooperate with any law enforcement authorities or court order requesting or directing OTD to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS ALL MEMBERS OF THE OTD GROUP FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF THE OTD GROUP DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER A MEMBER OF THE OTD GROUP OR LAW ENFORCEMENT AUTHORITIES.
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