Last Updated: October 5, 2011
TERMS OF USE AGREEMENT
PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES
This is the official Terms of Use Agreement ("Agreement") for omusicawards.com ("Site," "we," "us," or "our"), and this Agreement applies whether you are accessing the Site via a personal computer, a mobile device or any other technology or devices now known or hereafter developed or discovered (each, a “Device”). The Site is provided by Viacom Media Networks ("VMN"), a division of Viacom International Inc. (together with VMN, the "Parent Companies"). This Agreement governs only the content, features, and activities related to this Site and does not cover any other websites provided by the Parent Companies and any subsidiaries and affiliates of the Parent Companies (collectively, “Affiliates”), or any other company, unless specifically stated.
This Site is offered and made available only to users 13 years of age or older and certain features on this Site (including, but not limited to, user registration and newsletter signups) may be subject to heightened age and/or other eligibility requirements. If you are not yet 13 years old or the required greater age for certain features, and/or do not meet any other eligibility requirements, please discontinue using the Site immediately or, if for any reason, you do not agree with all of the terms and conditions contained in this Agreement, please discontinue using the Site immediately because by using or attempting to use the Site, you certify that you are at least 13 years of age or other required greater age for certain features and meet any other eligibility and residency requirements of the Site.
These terms and conditions regarding your use of the Site constitute a legally binding agreement between you and the Site and the Parent Companies. In this Agreement, the term "Site" includes all websites and web pages within the Site as well as any equivalent, mirror, replacement, substitute or backup websites and web pages that are associated with the Site. By using this Site, you understand, acknowledge and agree that you will abide by the terms of this Agreement and any additional terms that govern certain products and services, which will be presented in conjunction with those products and services ("Additional Terms"). The Site may also provide rules of participation ("Rules") for certain activities and services including, but not limited to, contests and sweepstakes, award programs, membership clubs, email, and dating services. The Site's Additional Terms and the Privacy Policy and the Rules are hereby incorporated in this Agreement by reference. To the extent that there is a conflict between this Agreement and Additional Terms for the activity in which you choose to participate, the Additional Terms shall govern. To the extent that there is a conflict between this Agreement and the specific Rules for the activity in which you choose to participate, the Rules shall govern. This Agreement will remain in full force and effect as long as you are a user of the Site and in the event of termination of any membership, service or feature, you will still be bound by your obligations under this Agreement, the Privacy Policy, any Additional Terms or Rules, including any indemnifications, warranties and limitations of liability.
The words "use" or "using" in this Agreement means any time an individual (a "user"), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with use, display, view, print or copy from the Site, transmit, receive or exchange data or communicate with the Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Site, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or sites or any links that may direct your browser or your connection to third party sites or pages. This is the entire and exclusive Agreement between you and us regarding use of the Site and it cannot be modified, except as specifically described below in Section 2.
1. REGISTRATION
We may require each user to have a unique user name and password combination in order to access and use certain features or functions of the Site and may also, from time to time, provide users with additional codes or passwords necessary to access and use certain features or functions of the Site. Please read our Privacy Policy, which describes the personally identifiable information ("Personal Information") we collect, use, disclose, manage and store. As part of the registration process for the feature or function, you will choose a user name and password (or we may assign an initial password which we will give you the option to change). Your user name and password are personal to you and you may not allow any others to use your user name or password under any circumstances. We are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your user name or password or any other need to deactivate your user name or password due to security concerns.
2. MODIFICATIONS
We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this Agreement. We will post or display notices of material changes on the Site and/or e-mail you or notify you upon login about these changes; the form of such notice is at our discretion. Once we post them on the Site, these changes become effective immediately and if you use the Site after they become effective it will signify your agreement to be bound by the changes. You should check back frequently and review the terms and conditions of this Agreement, including, but not limited to, the User Content Submission Agreement, other Additional Terms, Rules and Privacy Policy, regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us.
3. OWNERSHIP OF INTELLECTUAL PROPERTY
The contents of this Site, including all Site software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectible elements of the Site, including, without limitation, the selection, sequence and 'look and feel' and arrangement of items, and all trademarks, service marks and trade names (individually and/or collectively, "Material"), are the property of the Parent Companies, and their Affiliates, and any of their successors and assigns, and any of their respective licensors, Advertisers (as defined below), suppliers, and operational service providers and are legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. Unless the context clearly requires otherwise or we explicitly say so in writing, the term "Site" includes "Material" as well. The Site is to be used solely for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. You must not alter, delete or conceal any copyright or other notices contained on the Site, including notices on any Material you download, transmit, display, print or reproduce from the Site. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Material without the express prior written consent of VMN or its owner if VMN is not the owner. Any unauthorized or prohibited use of any Material may subject you to civil liability, criminal prosecution, or both, under applicable federal, state and local laws. We require users to respect our copyrights, trademarks, and other intellectual property rights. We likewise respect the intellectual property of others. On notice, we will act expeditiously to remove content on the Site that infringes the copyright rights of others and will disable the access to the Site and its services of anyone who uses them to repeatedly to infringe the intellectual property rights of others.
We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over this Site and to promptly end any infringement that might occur. If you believe that the Site contains elements that infringe your copyrights in your work, please follow the procedures set forth in our Copyright Compliance Policy.
4. ADVERTISING
From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties (collectively, the "Advertisers") such as our advertisers, sponsors, or promotional partners. as a result of your use of the Site. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).
5. RULES OF CONDUCT
Your use of the Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. You shall not use, allow, or enable others to use the Site, or knowingly condone use of this Site by others, in any manner that is, attempts to, or is likely to:
• be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
• affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site;
• send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and "phishing";
• be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages;
• transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;
• forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason;
• violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order or any treaties, or violate or infringe upon any intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the Site, other users' accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Site or to use the Site in any manner which violates or is inconsistent with the terms and conditions of this Agreement;
• modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights of use and enjoyment of the Site by any other person, firm or enterprise; or
• collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.
6. [Reserved]
7. WIRELESS MARKETING SERVICES AND PROMOTIONAL OPPORTUNITIES
This Site may provide users and viewers with the opportunity to register for special promotions, services, news, programming and information delivered via text messaging and other wireless Devices such as mobile phones. Users are required to provide their consent to receive such information from this Site, either by registering on this Site or via their wireless Device. Such services and promotional opportunities are provided by the Parent Companies or Affiliates for this Site. The information requested as part of the online registration process is a user's telephone number or a wireless email address, but only if specifically requested, and the carrier's name. Optional information may be requested for specific promotions, such as a user's preferences regarding goods or services, choices of music or artists, or other similar survey information. Depending on the promotion, we may also collect an Internet email address or other information and, depending on the information collected, the user may also be required to confirm his or her agreement to this Agreement and, including without limitation, the Privacy Policy.
Users that register for the Site's wireless marketing services acknowledge, understand and agree that they will be charged by the user's wireless carrier for all messages sent to the user from this Site. Standard messaging rates will apply, unless noted otherwise. Under no circumstances will this Site, the Parent Companies or any Affiliates be responsible for any wireless email or text messaging charges incurred by a user or by a person that has access to a user's wireless device, telephone number, or email address.
A user understands, acknowledges and agrees that this Site may, at its sole discretion and without liability to any user, terminate its offer of any specific wireless marketing service or all wireless marketing services at any time without advance notice. This Site may provide notice of terminations or changes in services on this Site.
8. VIRAL FEATURES
There may be portions of our Site, content, functionality or features (e.g, digital streaming media player(s)) ("Viral Features") that we make available to users for your personal use. While we can obviously change how, to whom and to what extent we make these Viral Features available at any time without any notice and in our sole discretion, so long as they are available to you, whenever you visit our Site or take advantage of any of these Viral Features (whether you use these Viral Features on your own personal or customized web pages, whether they are displayed or appear embedded or housed within a web page or website of anyone else, whether a commercial website or web page, an advertisement, promotional message or even a personalized or customized web page of a friend or through any Device that can access any of these Viral Features) you agree not to download any content made available as part of the Viral Features and acknowledge that such content is available only for streaming viewing and, further, that you are bound by the applicable provisions of this Agreement and our Privacy Policy.
9. POSTINGS
Your comments, suggestions and information are important to us. Portions of this Site may provide you and other users an opportunity to participate in forum services, blogs, web communities and other message and communication facilities (“Communities”) and may provide you with the opportunity, through such Communities or otherwise, to submit, post, display, transmit and/or exchange content, media, materials, information, ideas, opinions, messages or other information (“Post” or “Postings”). You understand, acknowledge and agree that such Postings are the sole responsibility of the person from which such Postings originated. This means that you are solely and entirely responsible for the consequences of all Postings that you upload, post, email, transmit or otherwise make available via the Site. Postings do not reflect the views of the Site, the Parent Companies or the Affiliates.
Neither the Site nor the Parent Companies or the Affiliates control any Postings submitted, although we may use both automated and manual means of reviewing Postings in order to prevent content that does or may violate any of the terms of this Agreement or is otherwise unacceptable to us from appearing and being displayed on our Site. We reserve the right to monitor, edit or screen, or otherwise not to host or display, any Postings; provided, however, that the Site, the Parent Companies and the Affiliates shall have no obligation or liability to you for failure to do so or for doing so in any particular manner. If we determine, in our sole discretion and judgment, that any Posting does or may violate any of the terms of this Agreement or is otherwise unacceptable to us, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (a) refuse to allow you to Post; (b) remove and delete Postings; (c) revoke your right to use the Site; and/or (d) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on the Site. If the Site or MTVN receives notice of any claim of infringement that satisfies specific legal requirements, such as notice and takedown requirements under U.S. copyright law (see our Company Compliance Policy), we may remove Postings associated with such claim. The Site or VMN reserves the right to provide information to law enforcement officials, governmental agencies and pursuant to judicial or regulatory compulsion, to protect their respective interests, the Site or to comply with legal, regulatory, audit and compliance obligations.
In connection with all Postings (whether or not actually used by MTVN and/or the Parent Companies), you grant to the Site, the Parent Companies and the Affiliates, the royalty free and transferable right, license, authorization and permission, in any form or format, on or through any media or medium and with any technology or devices now known or hereafter developed or discovered, in whole or in part, throughout the universe, (1) to host, cache, store, maintain, use, reproduce, distribute, display, exhibit, perform, publish, broadcast, transmit, modify, prepare derivative works of, adapt, reformat, translate, and otherwise exploit all or any portion of your Posting on the Site (regardless of the Device through which the Site may be accessed), (2) to use and refer to your name, logo, marks, image, characteristic or other distinctive identification in presentations, marketing materials, customer lists and financial reports and (3) to do, perform, take advantage of and exploit any and all of the rights set forth herein in connection with the marketing, advertising and promotion of the Site, and any products, goods, features, functions, capabilities and/or services associated with the Site, the Parent Companies and Affiliates. You acknowledge and agree that VMN, Parent Companies, its licensees, successors and assigns, will be entitled to retain any and all revenue generated from any sales, licenses, assignments and other transfers of the rights granted hereunder, as well as any revenue generated by the display of any advertising, publicity, advertising materials or distribution rights in connection with your Postings. These rights you grant to the Site, the Parent Companies and Affiliates commence upon submission of the Posting and continue thereafter perpetually and indefinitely, until you remove such Posting (if such removal is available) or unless terminated by the Site on notice to you and may be exercised by the Site, the Parent Companies and Affiliates without any credit, compensation, other consideration or accounting to you. You also understand and agree that neither all or any portion of your Postings, nor any commercial, advertisement, promotional, marketing or other material associated with your Postings, need to be submitted for your approval prior to use.
If a Posting originates from you or your account, each time you upload or submit a Posting, you hereby agree that: (a) you represent and warrant that (i) the Posting is original to you and/or fully cleared for use as contemplated herein, (ii) the Posting does and will not, in any way, violate or breach any of the terms of this Agreement, (iii) the Posting does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any federal or state statute or regulation, (iv) the Posting is not obscene or in any other manner unlawful, (v) the Posting shall not be injurious to the health of any user, and (vi) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting; and (b) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that (i) you have the right to grant the Site, the Parent Companies and their Affiliates the right to use all such Postings as described above, (ii) the Posting was produced in compliance with all applicable laws and regulations and (iii) for any Posting that contains original videos, you will comply with any applicable identification verification and record-keeping requirements, and you will secure and maintain the requisite personal information and identification documentation for all individuals who appear in any such original videos, as may be required by law and/or otherwise requested or required by us in connection with our corporate compliance policies and practices, which includes (y) the individual’s full legal name, current address, date of birth and (z) a legible photocopy of a valid government-issued identification document (e.g., a U.S. passport, state driver’s license or valid photo ID card) to verify the individual’s identity. With the submission of each such Posting, the Site, the Parent Companies and the Affiliates reserve the right to request that you, and upon such request you must, deliver a full and complete set of such identification verification records to us, as well as a legible photocopy of your valid driver’s license, passport or other acceptable government-issued photo identification for our verification and record-keeping purposes. In addition, you specifically acknowledge and agree to abide by our policies regarding governmental certification procedures relating to the foregoing identification verification and record-keeping procedures and, if applicable, you will promptly comply with any specific requests or directions we give you in connection with Postings you submit that may be subject to these requirements.
You understand, acknowledge and agree that we have the right to delete, re-format and/or change your Postings in any manner that we may determine (although you will not be responsible for any such changes made). The amount of storage space on the Site per user is limited. Some Postings may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree that we assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or any other matter relating to Postings. Posting is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.
If you believe that any content on the Site (including, without limitation, Postings) violates any of the terms of this Agreement (except for any notices covered by the Copyright Compliance Policy), please email us at webmaster@mtv.com (please refer to our Copyright Compliance Policy for any notices covered by the Copyright Compliance Policy). We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.
10. CONTESTS, SWEEPSTAKES, AUCTIONS AND PROMOTIONS
From time to time, the Parent Companies’, the Affiliates’ or the Site's operational service providers, suppliers, and Advertisers, may conduct promotions on or through the Site, including, without limitation, auctions, contests and sweepstakes ("Promotions"). Each Promotion may have Additional Terms and/or Rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of this Agreement.
11. CERTAIN PRODUCTS AND SERVICES
a. RSS Feeds and Podcasts
The Site may provide RSS Feeds ("RSS Feeds") consisting of selected text, audio, video, and photographic content ("Content") from the Site that is provided over the Internet using an XML feed. Certain RSS Feeds may be podcasts ("Podcasts") which may include as part of the Content an associated audio, video and/or photographic file where the audio and/or video file may be downloaded and played from a user's Device or transferred to a portable listening device. Certain software and hardware is required for users to download and view and/or play Content through RSS Feeds.
Content is protected by U.S. Federal and State laws, and applicable foreign laws, regulations and treaties, and all rights in and to the Content are reserved to the Site, MTVN or the content provider. Content is available for personal, noncommercial use only and you may download, copy and/or transfer to a Device or through a Device to another Device the RSS Feeds and associated Content for your personal, non-commercial use only. You shall not, nor will you allow any third party to, reproduce, modify, create derivative works of, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party, or otherwise use any Content except as expressly authorized in this Section 11.
By your access to and use of RSS Feeds, you understand, acknowledge and agree that the Site, the Parent Companies and their Affiliates do not warrant that its RSS Feeds will operate on all user equipment. Please see the "Disclaimer and Limitations of Liability" section below for further details.
b. Mobile Applications
If the Site offers products and services through applications available on your wireless or other mobile Device (such as a mobile phone) (the “Mobile Application Services”), these Mobile Application Services are governed by the Additional Terms governing the applicable Mobile Application Service. We do not charge for these Mobile Application Services unless otherwise provided in the applicable Additional Terms. However, your wireless carrier's standard messaging rates and other messaging, data and other rates and charges will apply to certain Mobile Application Services. You should check with your carrier to find out what plans your carrier offers and how much the plans cost. In addition, the use or availability of certain Mobile Application Services may be prohibited or restricted by your wireless carrier, and not all Mobile Application Services may work with all wireless carriers or Devices. Therefore, you should check with your wireless carrier to find out if the Mobile Application Services are available for your wireless Device, and what restrictions, if any, may be applicable to your use of such Mobile Application Services. If you change or deactivate your wireless telephone number, you agree to promptly update your Mobile Application Services account information to ensure that your messages are not sent to the person that subsequently acquires your old number.
Under no circumstances will the Site, the Parent Companies or any Affiliates be responsible for any wireless email, text messaging or other charges incurred by a user (or any person that has access to a user's wireless device, telephone number, or email address) using any Mobile Application Services.
12. HYPERLINKS TO THIRD PARTY SITES
The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the Site or any other form of link or re-direction of your connection to, with or through the Site, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of, the Site, the Parent Companies or any of their Affiliates, any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, Advertisers, suppliers, and operational service providers. We do not verify, endorse or have any responsibility for any such third party sites, their business practices (including their privacy policies), or any goods or services associated with or obtained in connection with any such site, whether the Site's, the Parent Companies’ or any of their Affiliates’ logo or sponsorship identification is on the third party site as part of a co-branding or promotional arrangement. If any third party site obtains or collects Personal Information from you, in no event shall we assume or have any responsibility or liability. Please read our Privacy Policy, which describes how the Site collects and uses your Personal Information and other information and certain of our relationships.
13. DEACTIVATION/TERMINATION OF YOUR REGISTRATION OR USE
If you are registered to use the Site, you may deactivate your account on the Site, at any time and for any reason, by emailing omusicawards@mtv.com. We may terminate your use of and registration on the Site, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
14. DISCLAIMER AND LIMITATIONS OF LIABILITY
THIS SITE, AND ALL MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Site, including, without limitation, Postings and Materials associated with your use of the Site.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THIS SITE, THE PARENT COMPANIES, ANY OF THEIR AFFILIATES, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
Notwithstanding any claim that a sole or exclusive remedy which is provided in this Agreement may or does fail of its essential purpose, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be to have the Parent Companies, upon written notice from you to us, attempt to repair, correct or replace any deficient goods or services under this Agreement and, if repair, correction or replacement is not reasonably commercially practicable for the Parent Companies, to refund any monies actually paid by you for the goods and wares involved and to terminate and discontinue your use of the Site. You further understand and acknowledge the capacity of the Site, in the aggregate and for each user, is limited. Consequently some messages and transmissions may not be processed in a timely fashion or at all, and some features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that the Parent Companies assume no liability, responsibility or obligation to transmit, process, store, receive or deliver transactions or Postings or for any failure or delay associated with any Postings and you are hereby expressly advised not to rely upon the timeliness or performance of the Site for any transactions or Postings. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies; accordingly some of the exclusions and limitations described in this Agreement may not apply to you.
15. INDEMNIFICATION
You agree to indemnify, defend and hold the Site, the Parent Companies, and any of their Affiliates, or any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, Advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of this Agreement by you, or public posting of your Postings.
The Parent Companies reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with the Parent Companies in the defense of any such claim, action, settlement or compromise negotiations, as requested by the Parent Companies.
16. ADS AND MALWARE
We take great care and pride in creating this Site. We are always on the lookout for technical glitches that effect how the Site works. When we find them on our end, we will fix them. Unfortunately, your home computer may cause some glitches that effect how you see our Site -- and that is beyond our control.
If you experience any unusual behavior, content or ads on the Site, it may be the result of Malware on your computer. Malware -- short for MALicious softWARE -- is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner’s knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Site is working properly, sometimes Malware programs on your personal computer may interfere with your experience on our Site and on other sites that you visit.
We suggest that you take some of the following actions which may help to clean your computer and which could prevent future installations of Malware.
• Update your computer via Windows Update (found in the Tools menu in your Internet Explorer web browser).
• Install a SpyWare Removal Tool such as Spybot Search and Destroy or AdAware to clean your computer of Malware.
• Install antivirus software, such as Norton anti-virus or McAfee Virus-shield.
• Install Microsoft Defender (for Windows computers).
Please note that we cannot be responsible for the effects of any third party software including Malware on your computer system. Please make sure to carefully read the Help or Customer Support areas of any software download site. If you do discover any Malware on your system, we also suggest you speak with a qualified computer technician. If, after taking the above actions, you are still experiencing any problems, please feel free to contact us at webmaster@mtv.com.
17. PRIVACY
We respect your privacy and the use and protection of your Personal Information. Please see our Privacy Policy for important information and disclosures relating to the collection and use of your Personal Information in connection with your use of the Site.
18. UNITED STATES OF AMERICA
The Site is governed by and operated in accordance with the laws of the United States, its territories and possessions (“U.S”). We make no representation that this Site is operated in accordance with the laws or regulations or, or governed by, other nations. Those who choose to access the Site from outside the U.S. do so on their own risk initiative and you, not us, are responsible for compliance with any applicable local and national laws.
19. LAW THAT APPLIES TO THIS AGREEMENT; MISCELLANEOUS TERMS
This Agreement, together with any Additional Terms, Rules, our Privacy Policy and any other regulations, procedures and policies which we refer to and which are hereby incorporated by reference, contains the entire understanding and agreement between you and the Site and supersedes any and all prior or inconsistent understandings relating to the Site and your use of the Site. This Agreement cannot be changed or terminated orally. If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement; however, no action arising out of this Agreement or your use of the Site, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).
This Agreement and your use of the Site is governed by, construed and enforced in accordance with the internal substantive laws of the State of New York (notwithstanding the State's conflict of laws provisions) applicable to contracts made, executed and wholly performed in New York, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State and County of New York and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
This Terms of Use Agreement was last modified on the date indicated above and is effective immediately.
Copyright © 2011 Viacom Media Networks, a division of Viacom International Inc. - All Rights Reserved.
Last Updated: October 11, 2011
O Music Awards 2
Voting Rules
These are the official terms and conditions (the “Official Voting Rules”) for voting for the “O Music Awards 2” (the “Awards”) on “MTV” on October 31, 2011. These Official Voting Rules are incorporated by reference into www.omusicawards.com’s (the “Website’) Terms of Use Agreement.
1. HOW TO VOTE
In order to participate in the voting, you must have either a Facebook or a Twitter account. Residents of Italy and Brazil are not eligible to participate.
VOTE AND SHARE
Click the “VOTE” button next to the nominee you want to vote for. Then, select the “VOTE and SHARE” radio button and click “NEXT”. You may now customize a share message and then opt to share your vote to Facebook, Twitter, or both. Finally, click “VOTE AND SHARE” to cast your vote and to post your share message to your Twitter feed and/or your Facebook “News Feed”. Note: you may need to follow instructions to either log into your Facebook account via Facebook Connect or log into your Twitter account using Twitter OAuth. Please note that this action will now appear in your Twitter feed and/or your Facebook “News Feed”.
JUST VOTE
Click the “VOTE” button next to the nominee you want to vote for. Then, select the “JUST VOTE” radio button and click “NEXT”. Note: you may need to follow instructions to either log into your Facebook account via Facebook Connect or log into your Twitter account using Twitter OAuth. Please note that a share message WILL NOT be posted to your Twitter feed and/or your Facebook “News Feed” but your nominee will still receive the vote.
If you are accessing the Website using a mobile device, you must (a) have a plan with wireless carrier which includes a data/WAP service and (b) use a wireless device that is capable of accessing the Internet.
Standard data rates and other charges may apply all as provided in your wireless service rate plan. (Please contact your wireless carrier for pricing plans and details).
2. VOTING PERIODS
The Voting Periods for the “O Music Awards 2” shall be as follows:
(a) VOTING PERIOD 1: The voting period for the following categories will commence on September 27, 2011 at 6:00am Eastern Time (“ET”) and shall continue through and end on October 14, 2011 at 11:59pm ET (the “Voting Period 1”), subject to change in VMN’s sole discretion:
Must Follow Artist On Twitter
Digital Genius Award
Best Lyrics Video
Best Web-Born Artist
Beyond The Blog Award
Best Music App
Best Artist With A Cameraphone
Best Fan Cover
UPDATE: Due to changes in the production and programming schedule, voting for Best Fan Cover will close on Friday 10/14/11 at 11:59pm ET.
Winners for the Voting Period 1 categories will be announced on or around October 31, 2011 at a time to be determined and subject to change in VMN’s sole discretion.
(b) VOTING PERIOD 2: The voting period for the following categories will commence on September 27, 2011 at 6:00am ET and shall continue through and end on October 24, 2011 at 11:59pm ET (the “Voting Period 2”), subject to change in VMN’s sole discretion:
Hottest Music NILF
Too Much Ass For TV
WTF I Love This Award
Most Outrageous Tweet
Best Music Forum
Best Vintage Viral Video
Oops! I Did It Online Award
Most Innovative Music Festival
Best Music Hack
Most Addictive Social Music Service
Winners for the Voting Period 2 categories will be announced starting on or around October 27, 2011 through on or around October 31, 2011 at times to be determined and subject to change in VMN’s sole discretion.
(c) VOTING PERIOD 3: The voting period for the following category will commence on September 27, 2011 at 6:00am ET and shall continue through and end on October 31, 2011 at 10:59pm ET (the “Voting Period 3”), subject to change in VMN’s sole discretion:
Fan Army FTW
The winner for the Voting Period 3 category will be announced on or around October 31, 2011 during the Awards at a time to be determined and subject to change in VMN’s sole discretion.
3. THE "O MUSIC AWARDS 2 SUPER FAN".
The Awards are about bringing together a communal and energized audience of super fans to celebrate achievement in digital music. We want to recognize the fan who participates the most, by naming him or her the “Awards Super Fan”.
In order to be eligible to be named the Awards Super Fan, at the time of voting, individuals must be at least 13 years of age or older to vote and cannot be an employee, agent or representative of Viacom Media Networks, a division of Viacom International Inc. (“VMN”), Viacom Inc., or any of their respective parent companies, affiliate or related companies. Residents of Italy and Brazil are not eligible to vote or to be named the Awards Super Fan. Participants who have not reached the age of majority in the jurisdiction in which they reside will be required to obtain parental or legal guardian consent to be eligible to participate in this voting promotion.
When an eligible fan votes for any nominee as described above in Section 1, each vote will be assigned the number of points indicated below:
ACTION |
POINTS EARNED |
Vote and share your vote on Facebook |
10 points earned |
Vote and share your vote on Twitter |
5 points earned |
Vote (without sharing your vote) |
3 points earned |
If an eligible fan shares their vote on both Facebook and Twitter, such fan will be awarded 15 points.
Based on the number of Points earned, the eligible fan will be permitted to vote between a maximum of 25 and 500 times per day as follows:
POINTS EARNED |
LEVEL |
TOTAL DAILY VOTES ALLOWED |
0 - 249 |
1 |
25 |
250 - 999 |
2 |
50 |
1,000 – 2,999 |
3 |
100 |
3,000 – 9,999 |
4 |
200 |
10,000 + |
5 |
500 |
At the end of Voting Period 3, all of the votes submitted during all three Voting Periods for all of the categories will be tallied and the eligible fan with the most points accumulated, as determined by VMN in its sole discretion, will be named the Awards Super Fan on the Website. Tie Breaks: Where any two (2) or more eligible fans have an equal point tally at the conclusion of Voting Period 3, VMN shall give precedence of place to the eligible fan who achieved such point tally at the earliest date within the Voting Period (NOTE: the Website’s database clock will be the official time keeper for this voting promotion). The Awards Super Fan will be announced on the Website. The Awards Super Fan will not be contacted directly, so fans should visit the Website to see who is named the Awards Super Fan.
4. ADDITIONAL TERMS.
Votes will not be accepted prior to or after the Voting Periods and only votes applicable to specific categories will be accepted. All votes submitted become the sole property of VMN and will not be acknowledged or returned.
Use of any device to automate a vote is prohibited, including but not limited to software-generated, robotic, programmed, script, macro or other automated votes. VMN reserves the right at its sole discretion to disqualify any individual (and remove any votes from that individual) it suspects or finds: (i) to have used a software-generated, robotic, programmed, script, macro or other automated Facebook “Share”, Twitter tweet, online/WAP vote; (ii) to have tampered with the voting process; (iii) to be acting in violation of these Voting Rules; or (iv) to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. VMN reserves the right to remove votes at its sole discretion.
If, for any reason, any aspect of this voting process is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical or system failures or disruption, ‘Acts of God’ or terrorist attacks, or any other causes beyond the control of VMN which corrupt or affect the administration, security, fairness, integrity or proper conduct of the voting process or for any reason VMN deems it necessary, VMN reserves the right at its sole discretion to cancel, terminate, modify or suspend the voting process and reserves the right in its sole discretion to determine the winner(s). VMN reserves the right at its sole discretion to disqualify any individual it finds to be tampering with any aspect of the voting process or the operation of the voting process or website; to be acting in violation of these voting rules; or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person and void all associated votes.
You participate in this voting process at your own risk. Neither VMN, Twitter, Inc. nor Facebook, Inc. or any of their respective parent companies, affiliated companies, related companies, sponsors, subsidiaries and advertising agencies, and any entity associated with this voting process (“Released Parties”) are responsible for not shall be liable for: (i) difficulty accessing telecom systems; (ii) errors in transmission; (iii) service outage or delays or for any problems or technical malfunctions of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, software, failure of email or players on account of any technical problems or traffic congestion on the Internet or at any web site or combination thereof; (iv) any incomplete, lost, late, delayed, misdirected or garbled votes or failure to receive votes; (v) injury or damage to you or to any other person’s computer or mobile phone related to or resulting from participating in, or downloading materials or software, or attempts to participate in or download materials or software related to this voting process or (vi) failures or malfunctions of phones (including wireless phones/handsets), phone lines or telephone systems, cellular equipment towers, telephone systems or wireless services or other communications malfunctions. Released Parties are not responsible for and shall not be liable for: (i) any condition caused by events beyond the control of Released Parties that may cause the voting to be disrupted or corrupted; (ii) typographical or other errors in the printing, the offering or the administration of the Official Voting Rules or (iii) any errors in the announcement of potential winner(s).
Participants assume all liability for any injury or damages caused or claimed to be caused by his or her participation in the voting opportunity described in these Official Voting Rules, and release Released Parties and any party associated with the production or exhibition of this Show and their respective officers, directors, employees, shareholders, parents, subsidiaries and affiliates from any such claim or liability.
By participating in this voting process, you agree to be bound by these Official Voting Rules. Failure to comply with the Official Voting Rules may result in a voter’s disqualification solely at the discretion of VMN. VMN reserves the right to modify these Official Voting Rules at any time in VMN’s sole discretion.
All interpretations of these Official Voting Rules and the decisions of VMN relating to this voting process are final.
The nominee, who receives the highest number of valid votes in each category, as determined by VMN in its sole discretion, will be deemed the winner of the category. In the event of a dispute or tie or if for any other reason VMN deems it necessary or appropriate, VMN reserves the right to make the final determination as to which of the nominees will be declared the winner of the category. Nominees are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, as determined by VMN in its sole discretion.
The voting process is subject to all applicable federal, state and local laws. Caution: Any attempt by you or any other individual to deliberately damage or tamper with the voting process, or otherwise undermine the legitimate operation of the voting is a violation of criminal and civil laws and should such an attempt be made, Releasees reserve the right to seek damages (including attorneys’ fees) and/or other remedies from any such person to the fullest extent permitted by law.
The “O Music Awards 2” are in no way sponsored, endorsed or administered by, or associated with, Facebook, Inc. or Twitter, Inc. Inquiries (whether questions, comments or complaints) should be directed to VMN, not to Facebook or Twitter.
Any inquiries related to the “O Music Awards 2”, these voting rules and/or any related matters should be directed to:
Email Inquiries: omusicawards@mtv.com, or
Written Inquiries: Viacom Media Networks, a division of Viacom International Inc., 1515 Broadway, New York, NY 10036, Attn: 2011 O Music Awards.
© 2011 Viacom Media Networks, a division of Viacom International Inc. All rights reserved. MTV and the “O Music Awards” and all related titles and logos are trademarks of Viacom International Inc.
TERMS AND CONDITIONS (THE “NOMINATION TERMS”)
FOR SUGGESTING NOMINEES FOR THE O MUSIC AWARDS 2 (THE “AWARDS”)
ALL TERMS AND CONDITIONS OF THE WWW.OMUSICAWARDS.COM WEBSITE APPLY.
NO PURCHASE OR PAYMENT IS NECESSARY TO PARTICIPATE IN THE AWARDS OR TO NOMINATE YOURSELF OR SOMEONE ELSE. YOU MUST BE 13 YEARS OF AGE OR OLDER TO NOMINATE SOMEONE AND FAN NOMINEES MUST BE 13 YEARS OF AGE OR OLDER TO BE CONSIDERED AS A POTENTIAL NOMINEE. ADDITIONAL ELIGIBILITY REQUIREMENTS AND RESTRICTIONS APPLY (SEE BELOW). VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
AWARDS OVERVIEW; FAN OPEN NOMINATIONS.
The Awards are about bringing together a communal and energized audience of super fans and online junkies to celebrate achievement in digital music. The Awards will give nominees in a variety of categories selected by Sponsor (the “Categories”) a chance to be voted upon by fans in order to be declared the winner (a “Category Winner”). The nominees have already been selected by Sponsor (defined hereinafter) at its sole discretion (“Selected Nominees”). One or more nominee spots in each category remain open (the “Additional Nominees” and, collectively with the Selected Nominees, the “Nominees”). During the fan open nomination phase (“Fan Nominations”), eligible fans/members of the public will be given an opportunity to nominate eligible individuals (including themselves) or relevant media, items or concepts for consideration by Sponsor to be the one Additional Nominee in the applicable Category (as set forth herein and subject to the terms hereof). Following the Fan Nominations, Sponsor will select the Additional Nominees in its sole discretion (who may or may not be from the pool of Fan Nominees). Notwithstanding the foregoing, Sponsor may elect not to include any Additional Nominees in any or all Categories. After the Voting Period involving all the Nominees, the Category Winners will be selected and announced as part of an MTV special to be broadcast, webcast and/or posted on one or more MTV-affiliated networks or platforms (the “Program”). For more information on voting process, be sure to review the Voting Rules at www.omusicawards.com/votingrules.
FAN OPEN NOMINATION PERIOD/PHASE I OF THE AWARDS.
Eligible fans will be able to nominate eligible individuals (including themselves) or relevant media, items or concepts by entering the URL where the nominated work can be accessed in the field at the bottom of the list of Selected Nominees on each Category page (the “Nomination Text Field”) on the Awards Site (as defined below) for consideration by Sponsor to be an Additional Nominee for each applicable Category. Fan nominations will open at 6:00 a.m. Eastern Time (“ET”) on September 27, 2011 and close on 11:59 p.m. ET on October 4, 2011 (the “Nomination Period”). Sponsor’s computer will serve as the official time keeping device for the nominations. Sponsor will select the Additional Nominees in its sole discretion. The Additional Nominees will be subsequently identified on or around October 6, 2011 on the Awards Site. Once added to the relevant Category, each Additional Nominees will receive a starting vote count equal to the number of write-in nominations he/she received. As long as you are eligible to participate in the Fan Nominations, you may submit up to 25 nominations per day during the Nomination Period and may nominate up to 25 eligible individuals per day (including yourself).
FAN AND ADDITIONAL NOMINEE ELIGIBILITY REQUIREMENTS.
In order to participate in the Awards nomination process as a fan or nominee, you must meet the following criteria:
1. You must be at least 13 years of age or older;
2. You must be able to access the Internet to submit your nomination(s);
3. You must not be (and none of your relatives or family members, or people living in your household, whether or not related to you, may be) a current employee of (or working for or otherwise associated with) Viacom Media Networks, a division of Viacom International, Inc. (“VMN” or “Sponsor”), or any of its affiliated or related entities or agencies associated with the Awards;
4. To submit your nominations, you will be required to use the Nomination Text Field on the Awards Site.
All decisions regarding fan and Additional Nominee eligibility will be determined by Sponsor in its sole and absolute discretion and Sponsor’s decisions in such regard shall be final and binding.
SUBMITTING YOUR NOMINATION. There is one way to nominate yourself, someone else or something else as a potential nominee:
• Via the Following Designated Site (the “Awards Site”)
• Via the Internet at www.omusicawards.com, then clicking on the applicable Category, following the nomination instructions at the bottom of the list of Selected Nominees, and entering all required information (including the name of the nominee, nominee url).
• The Awards Site does not require the use of native Facebook tools.
Incomplete, illegible, false or deceptive nomination entries are void. The nomination sites listed above and related pages are intended only for viewing within the United States.
NOMINEE SELECTION. Sponsor will make the final decision and selection of all Nominees in its sole discretion, including selection of the one or more additional nominee per category. The Fan Nomination process is only one factor Sponsor may consider in selecting the nominees and is not decisive. Individuals with the most nominations and/or highest ranking on leaderboards or other rankings or polls may not be selected to be a nominee by Sponsor.
Last Modified: September 27, 2011
PRIVACY POLICY AND YOUR CALIFORNIA PRIVACY RIGHTS
This is the privacy policy (“Privacy Policy”) for omusicawards.com ("Site," "we," "us," or "our"). The Site is provided by Viacom Media Networks ("VMN"), a division of Viacom International Inc. (together, VMN and Viacom International Inc., the “Parent Companies”).
This Privacy Policy is intended to explain our privacy practices and covers the following areas:
1. When This Privacy Policy Applies.
2. U.S. Governing Law; Safe Harbor.
3. Collection and Use of Personal Information and Other Information (Other than Wireless Marketing Services and Associated Promotional Opportunities).
4. Opting-out of Certain Uses of your Personal Information and Other Information (Other than Wireless Marketing Services and Associated Promotional Opportunities).
5. Wireless Marketing Services and Associated Promotional Opportunities.
6. Sharing and Disclosure of Personal Information and Other Information.
7. Reviewing, Updating or Deleting Certain Information.
8. Protection of Information.
9. Your California Privacy Rights.
10. Changes to this Privacy Policy and Notice.
11. Miscellaneous.
1. When This Privacy Policy Applies.
This Privacy Policy applies whether you are accessing the Site via a personal computer, a mobile device or any other technology or devices now known or hereafter developed or discovered (each, a “Device”) and whether you are accessing the Site as a registered user (if offered by the Site) or other user of the Site. This Privacy Policy governs only the Personal Information and Other Information (as those terms are defined below) collected by the Site and does not cover any such information collected in any other manner or by any other website offered by the Parent Companies and/or any subsidiaries and affiliates of the Parent Companies (collectively, “Affiliates”) or collected by any other company, unless specifically stated. We may from time to time, combine Information (as that term is defined below) with other information we collect from other sources, such as information received from our Parent Companies, Affiliates, marketing companies or Advertisers and, if we do so, our use of the resulting combined Information will be subject to this Privacy Policy.
This Privacy Policy will remain in full force and effect, even if your use of or participation in the Site or any particular service, feature, function or promotional activity offered through the Site terminates, expires, ceases, is suspended or deactivated for any reason. If you do not agree with this Privacy Policy, please do not participate in the Site or any features, activities or services offered through the Site.
2. U.S. Governing Law; Safe Harbor.
The Site is governed by and operated in accordance with the laws of the U.S. We make no representation that this Site is operated in accordance with the laws or regulations of, or governed by, other nations. By participating in our Site activities, you certify that you meet the age and other eligibility requirements for this Site as set forth in our Terms of Use Agreement. If you are do not meet the age and other eligibility requirements, please discontinue using the Site immediately as your continued use of the Site indicates that you are agreeing to the collection, use, disclosure, management and storage of your Information as described in this Privacy Policy.
If you are located in the European Economic Area (“EEA”) and Switzerland, for detailed privacy policy and practices with respect to personal information transferred from the EEA and Switzerland, please see our Safe Harbor Privacy Policy located at http://www.viacom.com/privacypolicy/Documents/VIACOM-610657-v1-Safe_Harbor_Policy.pdf.
If you are located outside of the U.S., the EEA and Switzerland, you use this Site at your own risk and initiative and you, not us, are responsible for compliance with any applicable local and national laws. Please be aware that any Personal Information and Other Information you provide to us or we obtain as a result of your use of this Site will be collected in the U.S. and/or transferred to the U.S. and subject to U.S. law. By using this Site, participating in any Site activities and/or providing us with your Personal Information and Other Information, you freely and specifically: (i) consent to the transfer and/or processing of any Information to and in the U.S., (ii) acknowledge that U.S. law may provide a lower standard of protection for personal data than the laws of your location and (iii) understand that we will collect, transfer, store, process and/or deal with your Information in accordance with this Privacy Policy and U.S. law. Consequently, to the full extent permitted by law, you hereby waive any claims relating to the processing of your Personal Information or Other Information in accordance with this Privacy Policy that may arise under the laws and regulations that apply to you in or of any other country or jurisdiction.
3. Collection and Use of Personal Information and Other Information (Other than Wireless Marketing Services and Associated Promotional Opportunities).
When we use the term "Personal Information" we mean information that would allow someone to identify you or contact you, such as your full name, postal address, e-mail address or telephone number. When we use the term “Other Information”, we mean any information other than Personal Information that may be collected about you (Personal Information and Other Information, together, the “Information”).
a. Information We Collect that You Provide Us.
i. User Registration. To the extent we offer user registration on the Site, to register as a member of the Site, you are required to select a user name and password (together, your “User ID”) and may be required to also provide other Information, such as your email address and date of birth. Additional Information may be requested during the registration process (but not required).
ii. In Connection with Certain Features and Functions. We may also provide you with access to certain features or functions that we may offer on the Site, such as the option to subscribe to a selection of free email newsletters and other periodic information, chat rooms, message boards, electronic mail services, messaging services, auctions, shopping, registration and member profile pages. To sign up for or participate in these features or functions, you may be required to provide us with certain Information about you in order for us to personalize and/or allow you to use such features and functions. For example, to sign up to receive email newsletters, you may be required to provide your email address, date of birth and zip code separate from any user registration. Further, for example, to the extent we offer such services, if you order any of our various Products (as defined in the Terms of Use Agreement), in addition to your name and contact information, we will also collect and may maintain your billing address, shipping address, Product selections, your credit card or other payment instrument information, your order number and information about your computer's internet address and website which may have referred or directed you to the Site (e.g., the referring URL). Your credit card or debit card number is collected via a secure transmission.
iii. In Connection with Promotions such as Contests and Sweepstakes. There may be a separate registration process to enter Promotions such as contests and sweepstakes which may require the submission of all or some of the following: your first and last name, street address, city, state and zip code, email address, telephone number and date of birth. Additional Information may be requested depending on the specific Promotion, but submission of such Information may be optional. The Promotion’s entry page and/or Rules will provide the specific requirements. You may also have the opportunity to opt-in to receive special Promotions or offers from our third party advertisers, sponsors or promotional partners (“Advertisers”) as a result of your use of the Site in connection with many of these types of Promotions.
b. Information Collected Through Use of Cookies and Other Tracking Technologies.
"Cookies" (which may be html files, Flash files or other technology) are text files that help store user preferences and activity. “Web beacons” (also known as image tags, gif or web bugs) are small pieces of code used to collect advertising data, such as counting page views, promotion views or advertising responses. The Site and/or third parties may use “cookies”, “web beacons” and other similar tracking technologies (collectively, “Tracking Technologies”) to collect Other Information automatically as you browse the Site and the web.
We use Tracking Technologies to help tailor our content, allow users to move between associated sites without logging into each site, understand Site and internet usage, improve or customize the content, offerings or advertisements on this Site, personalize your experience on this Site (for example, to recognize you by name when you return to the Site), save your password in password-protected areas, save your online game or video player settings, enable you to use shopping carts on the Site, help us offer you products, programs or services that may be of interest to you, deliver relevant advertising, maintain and administer the Site and for other purposes described in the "Use of Information", "Other Information Collected by Us" section below. These Tracking Technologies collect “click stream” data and additional Other Information regarding your visits to the Site, such as your visits to the Site’s webpages, use of our features, and purchasing history or preferences and may also collect your IP address or some other identifier unique to the Device you use to access the Site (“Identifier”). Your Identifier is automatically assigned to the Device you use to access the Site. Your Personal Information is not collected as part of this process.
By visiting the Site, whether as a registered user or otherwise, you acknowledge, understand and hereby agree that you are giving us your consent to track your activities and your use of the Site through these Tracking Technologies.
This Site may additionally use a variety of third party advertising networks, data exchanges, traffic measurement service providers, marketing analytics service providers and other third parties (collectively, “Third Party Advertising Service Providers”) to, for example, serve advertisements on the Site, facilitate targeting of advertisements and/or measure and analyze advertising effectiveness and/or traffic on the Site (“Targeting Services”). These Third Party Advertising Service Providers may enable us to display advertisements based on your visits to the Site and other websites you have visited. Targeting Services enable us to, among other things, help deliver advertisements or other content to you for products and services that you might be interested in, to prevent you from seeing the same advertisements too many times and to conduct research regarding the usefulness of certain advertisements to you.
Although these Third Party Advertising Service Providers do not have access to Tracking Technologies set by the Site, the Third Party Advertising Service Providers, as well as Advertisers, may themselves set and access their own Tracking Technologies on your Device if you choose to have Tracking Technologies enabled in your browser (or, for Flash cookies, if you have not removed them) and/or they may otherwise have access to Other Information about you.
c. Use of Information.
As set forth in this Privacy Policy, we may share Information with our Parent Companies and Affiliates.
i. Personal Information. We, and/or our Parent Companies and Affiliates, use the Personal Information we collect from you in a variety of ways, including:
• Sending marketing and promotional e-mails or, subject to the “Wireless Marketing Services and Associated Promotional Opportunities” Section below, text messages offering the purchase of goods and/or services that may be of interest to users, whether those goods and/or services are provided by the Site, the Parent Companies, Affiliates or third parties (for example, we may send you an email about a product sold by a third party);
• Processing your registration with the Site, such as verifying that your e-mail address is active and valid;
• Contacting you regarding the administration of your account, any services, features or functions you have enrolled in or registered to use, any Promotions you have participated in or have entered, any goods and/or services or Products you have ordered or any other transactions you have undertaken with the Site;
• Allowing you to participate in the public areas and/or other features of the Site;
• Responding to your questions or other requests;
• Contacting you regarding your use of the Site, for informational purposes related to the Site or, in our discretion, regarding changes to the Site’s policies;
• Improving the Site or our services and for internal business purposes;
• Tailoring your experience on the Site and/or otherwise customizing what you see when you visit the Site;
• Saving your User ID or other Personal Information, so you don't have to re-enter it each time you visit the Site;
• Otherwise to maintain and administer the Site and
• For other purposes disclosed at the time you provide the Personal Information.
ii. Other Information Collected by Us. We, and/or our Parent Companies and Affiliates, use the Other Information we collect from you in a variety of ways, including:
• Keeping count of your return visits to the Site or our Parent Companies’, Affiliates’, Advertisers' or partners' sites;
• Accumulating and reporting aggregate, statistical information in connection with the Site and user activity;
• Determining which features, webpages, products and services users like best to, among other things, help us operate the Site, enhance and improve our services and the Site and display advertising and marketing information;
• Preparing statistics reports;
• Allowing you to participate in the public areas and/or other features of the Site;
• Improving the Site or our services and for internal business purposes;
• Tailoring your experience on the Site and/or otherwise customizing what you see when you visit the Site;
• Saving certain Other Information for use on your return visits to the Site;
• Otherwise to maintain and administer the Site
• For the uses described for “Personal Information” above and
• For other purposes disclosed at the time you provide the Other Information.
iii. Other Information Collected by Third Party Advertising Service Providers and Advertisers. The use of Tracking Technologies by Third Party Advertising Service Providers and Advertisers is within their control and not ours. Even if we have a relationship with the Third Party Advertising Service Provider or Advertiser, we do not control their websites or their policies and practices regarding your Information and you should be aware that different rules might apply to the collection, use or disclosure of your Information by third parties in connection with their advertisements or promotions and other sites you encounter on the Internet. This Privacy Policy does not cover any use of Information that a Third Party Advertising Service Provider or Advertiser may directly collect from you. Use of Third Party Advertising Service Providers’ and Advertisers’ Tracking Technologies is governed by the Third Party Advertising Service Providers’ or Advertisers’, as applicable, own specific privacy policies and not this Privacy Policy. However, please see “Opting-Out of Certain Uses of Your Personal Information and Other Information (Other than Wireless Marketing Services and Associated Promotional Opportunities)” Section for more information on how to opt-out of the collection and/or use of Information collected by certain Third Party Advertising Service Providers.
4. Opting-Out of Certain Uses of Your Personal Information and Other Information (Other than Wireless Marketing Services and Associated Promotional Opportunities).
a. Opting-Out of Certain Uses of Personal Information.
i. In Connection with Marketing and Promotional E-mail and Offers.
You may "opt-out" of receiving marketing and promotional e-mails from us at any time by using the opt-out mechanism that is contained in each such email. Please note that when you opt-out of receiving marketing and promotional e-mails from us, you are not opting out of receiving newsletters from us that you have requested. Further, when you use the opt-out mechanism that is contained in an email, you are not opting out of receiving marketing and promotional e-mails from other VMN brands.
ii. In Connection with Wireless Marketing Services. See “Termination of Wireless Services by Users” under the “Wireless Marketing Services and Associated Promotional Opportunities” Section for more information on how you may unsubscribe from receiving text messages.
iii. Certain Continuing Rights Regardless of Opt-Outs. However, even if you exercise your opt-out rights above, we, or our Parent Companies or Affiliates, may continue to contact you for the other purposes described in the “Use of Information” Section above, such as for maintenance and administrative purposes.
b. Opting-Out of Use of Certain Other Information Collected by Tracking Technologies.
i. Tracking Technologies Set By Third Party Advertising Service Providers and Advertisers. With respect to the Tracking Technologies set by Third Party Advertising Service Providers and Advertisers, you have a number of options:
• With respect to the serving of ads by DoubleClick to you, please visit http://www.doubleclick.com/us/about_doubleclick/privacy for your options (other than for Flash cookies) and for further information on renewing your opt-outs or opting-out again if you subsequently delete the Tracking Technologies. See below for more information on removing Flash cookies.
• To opt-out of most Tracking Technologies (other than Flash cookies) set by certain Third Party Advertising Service Providers used by the Site in addition to DoubleClick, please visit http://www.networkadvertising.org/managing/opt_out.asp for your options and for further information on renewing your opt-outs or opting-out again if you subsequently delete the Tracking Technologies.
See below for more information on removing Flash cookies.
• You can choose to delete most Tracking Technologies (other than Flash cookies) through the “Internet Options” sub-option of the “Tools” menu option of your browser or otherwise as directed by your browser’s support feature. (See the “help” section of your browser for more information and see below for more information on removing Flash cookies.)
• You can choose to reject, disable or turn most Tracking Technologies off (other than Flash cookies). Additional information on rejecting, disabling or turning most Tracking Technologies off may be available through your browser’s support feature. (See the “help” section of your browser for more information and see below for more information on removing Flash cookies.)
Opting-out of, deleting, rejecting, disabling or turning off Third Party Advertising Service Providers’ Tracking Technologies does not mean that you will no longer receive online ads. Opting-out of, deleting, rejecting, disabling or turning off Third Party Advertising Service Providers’ Tracking Technologies only means that such ads will no longer be tailored to your specific viewing habits or interests, but you will continue to see ads on this Site.
ii. Tracking Technologies Set By the Site. With respect to the Tracking Technologies set by the Site, you have a number of options:
• You can choose to delete most Tracking Technologies (other than Flash cookies) through the “Internet Options” sub-option of the “Tools” menu option of your browser or otherwise as directed by your browser’s support feature. (See the “help” section of your browser for more information and see below for more information on removing Flash cookies.)
• You can choose to disable or turn most Tracking Technologies off (other than Flash cookies). Additional information on disabling or turning most Tracking Technologies off may be available through your browser’s support feature. (See the “help” section of your browser for more information and see below for more information on removing Flash cookies.)
• You can choose to have the Device you use to access the Site warn you each time a cookie or most other Tracking Technologies is being set (other than Flash cookies), or you can choose to turn off such warnings. This is done through your browser on the Device you use to access the Site. Additional information on warnings and removal of warnings may be available through your browser’s support feature.
This Site adheres to the Self-Regulatory Principles for Online Behavioral Advertising.
See http://srp.VMN.com/sitefaq.html for more information about this Site and online behavioral advertising.
Some Device manufacturers may preset their browsers to block Tracking Technologies from websites other than those you visit directly and, if so, certain services or advertisements may not work for such Devices. Further, if you delete, reject, disable or turn off Tracking Technologies, you may not have access to certain features of the Site and some of our other services may not function properly.
iii. Flash Cookies. Please note that deleting, rejecting, disabling or turning off Tracking Technologies set by Third Party Advertising Service Providers and Advertisers and set by this Site through the above options will not remove Flash cookies. For more information about Flash cookies and how to remove them from your computer, please visit http://www.adobe.com/products/flashplayer/articles/lso/ or http://epic.org/privacy/cookies/flash.html.
5. Wireless Marketing Services and Associated Promotional Opportunities.
This Site may provide users and viewers with the opportunity to register for special Promotions, services, news, programming and information delivered via text messaging and other wireless devices such as mobile phones and, in the event we do so, users are required to provide their consent to receive such information from this Site, either by registering on the Site or via their wireless device. Such services and promotional opportunities are provided by the Parent Companies and/or Affiliates for this Site. The Information requested as part of the online registration process may include a user’s telephone number or a wireless email address, but only if specifically requested, and the carrier’s name. Additional Information may be requested for specific Promotions, such as a user’s preferences regarding goods or services, choices of music or artists, or other similar survey information. Depending on the Promotion, we may also collect an Internet email address or other Information and, depending on the Information collected, the user may also be required to confirm his or her agreement to this Privacy Policy and the Terms of Use Agreement.
We caution that most wireless transmissions are not secured and there is a greater risk of an unknown third party’s interception of messages or a user’s Personal Information when using a wireless communications device.
Users that register for this Site’s wireless marketing services acknowledge, understand and agree that they will be charged by the user’s wireless carrier for all messages sent to the user from this Site. Standard messaging rates will apply, unless noted otherwise. Under no circumstances will the Site, its Parent Companies or Affiliates be responsible for any wireless email or text messaging charges incurred by a user or by a person that has access to a user’s wireless device, telephone number, or email address.
a. Registration. To the extent we provide wireless marketing services, there are two registration methods provided for this Site’s wireless marketing services. Standard rate Promotions will be subject to either the “single opt-in” or the “double-opt-in” (Site/SMS) method, at the discretion of this site depending on the type of Promotion. Premium rate services will require the “double opt-in” (Site/SMS or SMS/SMS) method.
i. Single Opt-in Method: In response to print, radio, television, Internet, or other promotional messages, users will be directed to send a specific word or code via a text message to a designated telephone number to register for the service promoted. The user’s voluntary submission of the designated word or code to the Site will mean that the user has freely and affirmatively granted permission to the Site to send text messages to him or her. The Site will thank the user for his or her registration by sending a “Thank you” message. The user may terminate the service at any time by using the unsubscribe command in any text message from or by sending a text message to this Site that says “STOP”, “END”, “CANCEL”, “REMOVE”, “UNSUBSCRIBE” or “QUIT”.
ii. Double Opt-in (Site/SMS) Method: In response to print, radio, television, Internet, or other promotional messages, users will be directed to this Site to start the registration process. The user must affirmatively consent to the Site’s sending of wireless messages to his or her designated wireless device by submitting a telephone number (or wireless email address, only if requested by the Site) and by clicking the consent statement on the Site’s registration page. The user must also agree to the Site’s Privacy Policy and Terms of Use Agreement before the online registration process is completed. The Site will then send a “Confirmation” message to the user’s designated wireless device and will request that the user confirm that he or she has agreed to receive messages from the Site to that particular telephone number (or wireless domain name when appropriate). The user must respond to the “Confirmation” message with a text message that states “YES” or “Y” that will indicate the user’s acceptance of the site’s wireless marketing service. Until the user responds to the “Confirmation” message, the user is not registered for the specific wireless marketing service subject to the Promotion. A user may respond to the “Confirmation” message at any time provided that the Site may choose to terminate offering wireless marketing service at any time and the user’s response to the “Confirmation” is only valid if the response is received while the Site continues to offer the specific wireless marketing service.
iii. Double Opt-in (SMS/SMS) Method: In response to print, radio, television, Internet, or other promotional messages, users will be directed to send a specific word or code via a text message to a designated telephone number to register for the service promoted. The Site will then send a “Confirmation” message to the user’s designated wireless device and will request that the user confirm that he or she has agreed to receive messages from the Site to that particular telephone number (or wireless domain name when appropriate). The user must respond to the “Confirmation” message with a text message that states “YES” or “Y” that will indicate the user’s acceptance of the Site’s wireless marketing service. Until the user responds to the “Confirmation” message, the user is not registered for the specific wireless marketing service subject to the Promotion. A user may respond to the “Confirmation” message at any time provided that the Site may choose to terminate offering wireless marketing service at any time and the user’s response to the “Confirmation” is only valid if the response is received while the Site continues to offer the specific wireless marketing service.
b. Termination of Wireless Services by User. Regardless of which one of the above opt-in methods was used to register, users may revoke their consent to receive messages from the Site by the following procedure:
A user may cancel one or more services via his or her wireless device at any time by using the unsubscribe mechanism provided by the Site at the time the message is sent, or by sending a text message that says “STOP”, “END”, “CANCEL”, “REMOVE”, “UNSUBSCRIBE” or “QUIT”. The Site will terminate the user’s registration for the most recent wireless service sent to the user. Any of these words followed by the word “ALL” in the user’s termination request will cancel all of the user’s registered wireless services with the Site. If the user unsubscribes from one or all of the Site’s service(s) via his or her wireless device, the service(s) will be terminated immediately and will cancel the user’s previous opt-in.
c. Termination of Wireless Services by the Site. A user understands, acknowledges and agrees that the Site may, in its sole discretion and without liability to any user, terminate its offer of any specific wireless marketing service or all wireless marketing services at any time without advance notice. The Site may provide notice of terminations or changes in services on this Site.
d. Use of Information. The Site will not use a wireless telephone number, wireless or conventional Internet email address, or other Information submitted for its wireless marketing services for any other purpose but to provide the service requested, unless we provide advance notice of any other use. We will not share any Personal Information with Advertisers or other third party marketers unless you opt-in to such disclosure. We will share Personal Information with the operational service providers that assist us in delivering these wireless services to you and with the Parent Companies and Affiliates.
6. Sharing and Disclosure of Personal Information and Other Information.
a. Sharing and Disclosure of Personal Information.
Generally, we do not sell, rent, lease or disclose your Personal Information to third parties, except if you consent to such disclosure or as described in this Privacy Policy.
i. Disclosure to Parent Companies and Affiliates. We may disclose Personal Information to Parent Companies and Affiliates for marketing and/or administrative purposes. You can choose to opt-out of certain such uses as described in the “Opting-Out of Certain Uses of Personal Information” Section above.
ii. Disclosure of Certain Information in Postings Intended to Be Disclosed. Certain Personal Information associated with a Posting may be intended for disclosure (“Posting Information”), such as username. We will disclose Posting Information in connection with the display of, and other services relating to, such Posting.
iii. Disclosure In Connection with Co-Branded Services and Features. The Site may also offer co-branded services and features, such as events and Promotions that we put together with another company or our Parent Companies or Affiliates ("Co-Branded Partner") and that may be hosted on the Site and/or our Co-Branded Partner’s website. We may share your Personal Information with our Co-Branded Partner and your voluntary use of or participation in a co-branded service or feature means that you opt-in and give your affirmative consent to both the Site and our Co-Branded Partner to collect the Information provided in connection with the specific co-branded feature or service and to use such Information for the fulfillment of the feature or service and for marketing or administrative purposes. The Co-Branded Partner will be identified on the co-branded feature or service, along with the Co-Branded partner’s privacy policy. If you wish to opt-out of a Co-Branded Partner's future use of your Personal Information for marketing purposes, you will need to contact the Co-Branded Partner directly and the use of such information by Co-Branded Partner is subject to Co-Branded Partner’s privacy policy.
iv. Disclosure to Operational Service Providers. We also have the right to disclose your Personal Information and Other Information to third parties for the purpose of administering and maintaining the Site’s services, features, functions and operations. We will refer to these third parties as “operational service providers”. We use operational service providers to efficiently provide the full range of content, activities, services, features and functions we bring you and we disclose your Information to operational service providers for the purpose of providing services to us.
v. Disclosure to Certain Other Third Parties. In addition to the above, we will make your Personal Information and Other Information available to certain third parties in the following limited circumstances:
• When we are compelled to do so by a governmental agency, court or other entity (e.g., to respond to subpoenas, court orders or legal process) or if requested by a governmental agency or other authority as part of an investigation;
• If we believe your actions violate any law, rule, regulation and/or the Terms of Use Agreement, including, without limitation, this Privacy Policy, Rules or Additional Terms;
• In connection with Promotions, as necessary to administer the Promotion or as required by applicable laws, rules or regulations (for example, to provide winners’ lists or make required filings as appropriate);
• If you opt-in or otherwise agree to have your Personal Information shared with or otherwise disclosed to a third party for marketing purposes, in which case the third party’s use of your Information is subject to the third party’s own privacy policy;
• If, in our sole discretion, we believe such disclosure to be necessary or appropriate: to investigate or resolve possible problems or inquiries; to protect our business and assets or the rights, property or safety of the Site, the Parent Companies, the Affiliates, or any of its or their operational service providers, licensors, suppliers, Advertisers, customers, users, or any other party; to limit our legal liability; to defend our interests; to enforce this Privacy Policy or the Terms of Use Agreement and/or to comply with our legal and regulatory obligations or requests by law enforcement agencies or governmental authorities and/or
• In the event of a bankruptcy, merger, acquisition, sale, transfer of control, joint venture or other business combination involving us, or our Parent Companies or Affiliates.
b. Sharing and Disclosure of Other Information. We may share or otherwise disclose Other Information with third parties, but we do not disclose Personal Information to them except as described in this Privacy Policy.
7. Reviewing, Updating or Deleting Certain Information.
Generally, you may review, update or delete certain Information collected by the Site by editing your profile. However, Personal Information that is necessary to check eligibility, such as date of birth or age, cannot be deleted, but may be modified with sufficient verification of the correct information. We will allow you to change the password portion of your User ID, as well as certain other Information you have given us in order to keep your information current, but once you select a user name you will not be able to change that user name provided to us during registration and which is associated with your User ID.
Certain Information collected for certain entries into Promotions are subject to corporate and regulatory recordkeeping requirements and will not be deleted upon the user’s request, unless the entrant is a child under the age of 13 years old.
If the burden or expense of providing access to your Information is disproportionate to the risks to your privacy or if the legitimate rights of others would be violated, we may decide not to provide access to such Information. In such cases, we will provide to you an explanation of why access cannot be provided and contact information for further inquiries.
Children or Ineligible Teenagers. If we, or our Parent Companies or Affiliates, inadvertently send an email or text message to a person that does not meet the age and other eligibility requirements of the Site, such as a child (a person under the age of 13) or others who do not meet the greater age requirements of certain features of this Site (“Ineligible Teenagers”), the child (or Ineligible Teenager) or the child’s (or Ineligible Teenager’s) parent or legal guardian (the “Parent”) always has the right to unsubscribe (opt-out) from receiving future emails or text messages via the unsubscribe mechanism contained in the email or message. The same unsubscribe process is available to a parent or legal guardian of a minor (a person under the age of 18, or the age of majority in your state).
In addition, Parents of children or Ineligible Teenagers who wish to terminate their child’s or Ineligible Teenager’s membership [must use their child’s or Ineligible Teenager’s User ID to gain direct access to the account, and follow the procedures in the “Deactivation/Termination of Your Registration or Use” Section of the Terms of Use Agreement to terminate their child’s or Ineligible Teenager’s member; alternatively, Parents may send an email to the Site’s Privacy Administrator and provide us with your child’s or Ineligible Teenager’s User ID and request to terminate your child’s or Ineligible Teenager’s account and registration. We will not allow direct access to a user’s account and Personal Information by any person without the user’s User ID. If a Parent does not have his or her child’s or Ineligible Teenager’s User ID, the Parent will be required to send an email to the Privacy Administrator that includes the Parent’s name, address, telephone and email address, in addition to the child’s or Ineligible Teenager’s name and email address as registered on the Site, plus the child’s or Ineligible Teenager’s date of birth. The Parent must also provide verifiable identification that they are the parent or legal guardian of the child or Ineligible Teenager. The Site will send a confirming email to the Parent via the email address provided to verify that the Parent wishes to terminate his or her child’s or Ineligible Teenager’s account and registration. The Parent must then confirm by sending a reply email to the designated return address. The Site will then terminate the child’s or Ineligible Teenager’s account but will notify the child or Ineligible Teenager of the termination request via email and will identify the name, address and email address of the person making the request.
8. Protection of Information.
While no data transmission over the Internet is 100% secure from intrusion, we maintain commercially reasonable physical, electronic and procedural safeguards to protect your Information. However, regardless of our efforts and the Device you use to access the Site, it is possible that third parties may unlawfully intercept or access transmissions or private communications over an unsecured transmission. We conduct financial transactions via secured transmissions but may not always secure other parts of the Site. We also limit access to the Site by our own employees to those individuals who are authorized for the proper handling of such information and any employee found violating our standards of security and confidentiality will be subject to our disciplinary processes. We request that our operational service providers follow similar standards of security and confidentiality.
Phishing. Phishing attacks attempt to steal consumers’ personal identity data and financial account credentials. “Phishers” use ‘spoofed’ e-mails to lead consumers to counterfeit websites designed to trick recipients into divulging Information such as credit card numbers, account usernames, passwords and social security numbers. WE DO NOT SEND EMAILS ASKING YOU TO PROVIDE OR CONFIRM CREDIT CARD NUMBERS, SOCIAL SECURITY NUMBERS OR YOUR USERNAME OR PASSWORD! If you receive such email communication, please forward it immediately to the Site’s Privacy Administrator at privacy-admin@mtv.com, and then immediately delete the fraudulent email from your computer.
9. Your California Privacy Rights.
If you are a resident of the State of California, we provide you with information on how to exercise your disclosure choice options such as your right to opt-out (which we may sometimes refer to as “unsubscribe”) or opt-in for use of your Personal Information by third parties (such as Advertisers) for marketing purposes. Therefore, pursuant to the California Civil Code, we are not required to maintain or disclose a list of the third parties that received your Personal Information for marketing purposes during the preceding year.
If you are a California resident and wish to request information about how to exercise your third party disclosure choices, please send a request by email to the Privacy Administrator at privacy-admin@mtv.com.
All requests must be labeled "Your California Privacy Rights" on the email subject line. For all requests, please clearly state that the request is related to “Your California Privacy Rights” and this Site, include your name, street address, city, state, zip code and e-mail address (your street address is optional if you wish to receive a response to your request via email) and indicate your preference on how our response to your request should be sent (email or postal mail). We will not accept requests via the telephone or by facsimile. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.
10. Changes to this Privacy Policy and Notice.
We reserve the right to revise this Privacy Policy at any time by posting an updated Privacy Policy without advance notice to you. Such revisions shall be effective immediately upon posting. Notice of material changes will be posted on the Site’s homepage and/or will be provided by e-mailing you or notifying you upon login about these changes; the form of such notice is at our discretion. However, we encourage you to check this Privacy Policy and Terms of Use Agreement often for updates.
11. Miscellaneous.
a. Accuracy and Confidentiality. It is your responsibility to give us current, complete, truthful and accurate information, including Personal Information, and to keep such information up to date. We cannot and will not be responsible for any problems or liability that may arise if you do not give us accurate, truthful or complete information or Personal Information or you fail to update such information or Personal Information. We will reject and delete any entry that we believe in good faith to be false, fraudulent or inconsistent with this Privacy Policy.
You are solely responsible for maintaining the strict confidentiality of your User ID, if applicable, and for any charges, costs, expenses, damages, liabilities and losses we incur or may suffer as a result of your failure to do so. You, and not us, are solely responsible and liable for the activity, behavior, use and conduct on the Site under your User ID (whether used by you or any others who use your User ID), unless and until you notify us that your User ID may have been compromised, misappropriated or improperly taken or used by another party. We reserve the right to deny access, use and registration privileges to any user, including without limitation, a registered user, of any services, features or functions of the Site if we believe there is a question about the identity of the person trying to access the user’s account or any services, features or functions.
Further, if you use any of the Communities features and functions made available on or through the Site, please remember that any Information disclosed in these venues is automatically made public and please use caution when disclosing any Personal Information in the Communities, as you do not know who will access and use your Personal Information or for what purposes. This Site, the Parent Companies and the Affiliates are in no way responsible for the accuracy, use, or misuse of any information, including Personal Information, that you disclose or receive through these venues and you should assume that any disclosure you do make in these venues will be available publicly, even without your knowledge or authorization.
b. Questions. If you have questions about this Privacy Policy or if you do not understand any information about how we collect, maintain, use or share your Personal Information or Other Information, you may contact us directly by sending an email to privacy-admin@mtv.com.
c. Sole Statement: This document is the sole statement of the Site’s Privacy Policy and no summary, restatement or other version thereof, or other privacy statement or policy, in any form, including, but not limited to, machine-generated, is valid.
d. Other: Please review our Terms of Use Agreement which governs your use of the Site. Any terms that are not defined in this Privacy Policy shall have the meaning given in the Terms of Use Agreement.
This Privacy Policy was last modified on the date indicated above and is effective immediately.
Copyright © 2011 Viacom Media Networks, a division of Viacom International Inc. - All Rights Reserved.
Last Updated: September 27, 2011
COPYRIGHT COMPLIANCE POLICY
This is the official copyright compliance policy (“Copyright Compliance Policy”) for omusicawards.com ("Site," "we," "us," or "our") and this Copyright Compliance Policy applies regardless of what type of Device you use to access the Site. The Site is provided by MTV Networks ("MTVN"), a division of Viacom International Inc. (collectively, the “Parent Companies”). This Copyright Compliance Policy sets forth the procedures undertaken by this Site to respond to notices of alleged copyright infringement from copyright owners and terminating the accounts of repeat infringers and does not cover any other procedures, for any other purpose, or the procedures of the Parent Companies or any subsidiaries and affiliates of the Parent Companies (collectively, “Affiliates”), or any other company, unless specifically stated.
This Copyright Compliance Policy is a part of the terms and conditions which are set forth in our Terms of Use Agreement. Any terms that are not defined in this Copyright Compliance Policy shall have the meaning given in the Terms of Use Agreement. Both the Terms of Use Agreement and this Copyright Compliance Policy are legally binding on all users.
We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over this Site and to promptly end any infringement that might occur.
How to Send a Notice of Copyright Infringement
In you are a copyright owner (or the owner’s authorized agent) and have a good-faith belief that material on our website infringes one of your copyrights, you may notify us using this procedure. In order for us to process your notice of copyright infringement, it must be sent to the agent designated below and must include the information specified below. When we receive a notice under this procedure, we will expeditiously remove or disable access to the material that is claimed to be infringing or to be the subject of infringing activity.
Send your notice of infringement to our designated agent for receiving such notices:
Name of Agent Designated to Receive Notification of Claimed Infringement: Warren Solow
Full Address of Designated Agent to Which Notification Should be Sent to:
1515 Broadway, 45th Floor, New York, NY 10036
Facsimile Number of Designated Agent:
201.422.6630
Email Address of Designated Agent:
copyright@mtvn.com
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OR E-MAIL ABUSE, etc.) TO THE CONTACT LISTED ABOVE. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.
Your notice of infringement must be a written communication provided to the agent designated above that includes substantially the following information:
(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 on our Site is covered by a single notification, a representative list of such works on our Site.
(3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
(4) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(5) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
WE CAUTION YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
How to Send a Counternotice If Your Posting Was Removed in Response to a Notice of Infringement and You Believe the Posting Is Not Infringing
As explained above, if we receive a notice of infringement sent to our designated agent with the information described above, we will expeditiously remove or block access to the material that is claimed to be infringing. We will also send a notification to the user who posted the material, at the email address provided by the user in connection with his or her account with us, telling the user that the material was removed or access to it was blocked because of claimed infringement.
If you are a user who posted material that was removed in response to a notice of infringement and you believe that material was removed due to mistake or misidentification, you may request that we replace the posting by sending us a counternotice as follows:
You must send the counternotice to our designated agent for receiving notices of infringement, whose name and contact information is above.
Your counternotice must be a written communication sent and must include substantially the following information:
(1) A physical or electronic signature of the subscriber (you the user).
(2) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
(3) A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
(4) The user’s name, address, and telephone number, and a statement that the user consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the user’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification of copyright infringement or an agent of such person.
When we receive a counternotice that complies with these requirements, we reserve the right, but not the obligation, to restore the material that was removed after forwarding a copy of the counternotice to the person who sent the notice of infringement and waiting at least 10 business days. If, during those 10 business days, the person who sent the original notice of infringement notifies us that such person has instituted a suit to seek a court order to restrain the user from infringing activity relating to the material on our website, we will not replace the material. Otherwise, we may repost the material at our discretion. However, pursuant to the Section of the Terms of Use Agreement entitled “Postings”, we retain the right to remove, block access to, or not restore material at any time for any reason without any liability to the posting user. In particular, a user who sends a counternotice pursuant to this Copyright Compliance Policy expressly acknowledges and agrees that we shall not be liable to the user under any circumstances for declining to replace material.
WE CAUTION YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS NOT INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
Repeat Infringer Policy
We have a policy of terminating the accounts of repeat infringers. A repeat infringer includes any user who has made two or more Postings for which we receive a notice of infringement under this Copyright Compliance Policy. Each user agrees that if his or her account is terminated pursuant to this Copyright Compliance Policy, the user will not attempt to establish a new account under any name, real or assumed, and further agrees that if the user violates this restriction by opening a new account after being terminated pursuant to this Copyright Compliance Policy, the user shall indemnify and hold us harmless for any and all liability that we may incur therefor.
Sole Statement: This document is the sole statement of the Copyright Compliance Policy with respect to this Site, and no summary, restatement or other version thereof, or other statement or policy, in any form, including, without limitation, machine-generated, is valid.
This Copyright Compliance Policy was last updated on the date noted above and is effective immediately.
Copyright © 2011 MTV Networks, a division of Viacom International Inc. - All Rights Reserved.
-
Content Terms
Blandit ctommoveo abbas at cogo ut paulatim loquor consectetuer ventosus. Appellatio vicis luptatum ille tum nostrud enim, imputo illum torqueo nimis foras, validus. Nunc duis populus abdo imputo camur qui, ideo roto occuro demoveo interdico zelus venio.
Blandit ctommoveo abbas at cogo ut paulatim loquor consectetuer ventosus. Appellatio vicis luptatum ille tum nostrud enim, imputo illum torqueo nimis foras, validus. Nunc duis populus abdo imputo camur qui, ideo roto occuro demoveo interdico zelus venio.
-
Changes to These Terms
Blandit ctommoveo abbas at cogo ut paulatim loquor consectetuer ventosus. Appellatio vicis luptatum ille tum nostrud enim, imputo illum torqueo nimis foras, validus. Nunc duis populus abdo imputo camur qui, ideo roto occuro demoveo interdico zelus venio.
Blandit ctommoveo abbas at cogo ut paulatim loquor consectetuer ventosus. Appellatio vicis luptatum ille tum nostrud enim, imputo illum torqueo nimis foras, validus. Nunc duis populus abdo imputo camur qui, ideo roto occuro demoveo interdico zelus venio.
-
Header
Blandit ctommoveo abbas at cogo ut paulatim loquor consectetuer ventosus. Appellatio vicis luptatum ille tum nostrud enim, imputo illum torqueo nimis foras, validus. Nunc duis populus abdo imputo camur qui, ideo roto occuro demoveo interdico zelus venio.
Blandit ctommoveo abbas at cogo ut paulatim loquor consectetuer ventosus. Appellatio vicis luptatum ille tum nostrud enim, imputo illum torqueo nimis foras, validus. Nunc duis populus abdo imputo camur qui, ideo roto occuro demoveo interdico zelus venio.
Official Rules
“O MUSIC AWARDS SUPER FAN Sweepstakes”
Sponsored by MTV
1. NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
Entry Period: “O Music Awards SUPER FAN Sweepstakes” (the “Sweepstakes”) commences at 6:00:01 AM eastern time (”ET”) on September 27, 2011 and ends at 11:59:59 PM ET on October 11, 2011 (the “Sweepstakes Period”). All entries must be received by 11:59:59 PM ET on October 11, 2011.
Promotion Overview: Eligible entrants will have the opportunity to enter the Sweepstakes for a chance to earn between one (1) and four (4) entries based on the number of total number of points (”Points”) they have accumulated during the Sweepstakes Period. Points may be earned by voting for nominees in the 2011 MTV O Music Awards. Voting will take place online at http://www.omusicawards.com (the “Website”), a website owned and controlled by Viacom Media Networks, a division of Viacom International Inc. (”VMN” or “Sponsor”). Eligible entrants will have the opportunity to cast their votes online at the Website with the option to cast additional votes via their existing Twitter.com and Facebook.com accounts (if applicable) to earn additional Points as further set forth below. Dependant on the specific voting actions taken by an entrant, such entrant will earn Points and based on the total number of Points accumulated at the conclusion of the Sweepstakes Period, such entrant will receive between one (1) and four (4) entries into the Sweepstakes as further set forth in Section 5.
Eligibility: This Sweepstakes is open to legal residents of the fifty (50) United States and District of Columbia who are at least 18 years of age or older at time of entry. Entrants who are considered minors in the jurisdiction in which they reside will be required to obtain parental or legal guardian consent to be eligible to be declared the Winner (as hereinafter defined). Employees and their immediate families (i.e., parents, spouse, children, siblings, grandparents, step parents, step children and step siblings) of Viacom Media Networks, a division of Viacom International Inc. (”VMN” or “Sponsor”), Facebook, Inc. (”Facebook”), Twitter, Inc. (”Twitter”) and their respective parent company, affiliated companies, subsidiaries, third party fulfillment agencies, licensors, prize suppliers, subsidiaries, advertising and promotion agencies, and third party fulfillment agencies, and their respective agents, employees, officers, directors, successors and assigns (collectively, the “Sweepstakes Entities”) are not eligible to participate in this Sweepstakes. By participating in this Sweepstakes, entrants: (a) agree to be bound by these Official Rules and by the interpretations of these Official Rules by Sponsor, and by the decisions of Sponsor which are final in all matters relating to the Sweepstakes; and (b) agree to release from liability, indemnify, defend and hold harmless each of the Sweepstakes Entities and each of their respective agents, employees, officers, directors, successors and assigns, against any and all claims, causes of action, proceedings, injuries, liabilities, damages, costs and expenses (including, without limitation, reasonable outside attorney’s costs and expenses) arising out of or relating to such entrant’s participation or inability to participate in this Sweepstakes and/or acceptance, possession, defect in, use, inability to use, or misuse, or redemption of or inability to redeem a prize and/or the violation of any person’s publicity, personal, privacy or proprietary rights.
5. To Enter:
Log on to http://www.omusicawards.com and complete the following steps:
Log in to your Website user account or if you do not have a Website user account, follow the instructions to create a user account (the “Account”) which is free to join;
Registered users of the Website can then earn points by voting in any O Music Award category as follows:
ACTION |
POINTS EARNED |
Vote and share your vote on Facebook |
10 points earned |
Vote and share your vote on Twitter |
5 points earned |
Vote (without sharing your vote) |
3 points earned |
Entrants will receive between one (1) and four (4) entries based on the total number of Points accumulated by the conclusion of the Sweepstakes Period as follows:
TOTAL NUMBER OF POINTS ACCUMULATED |
TOTAL NUMBER OF ENTRIES EARNED |
250 |
1 |
1000 |
2 |
3000 |
3 |
10,000 |
4 |
Based on the number of Points earned, entrants will be permitted to vote between a maximum of 25 and 500 times per day as follows:
POINTS EARNED |
LEVEL |
TOTAL DAILY VOTES ALLOWED |
0 - 249 |
1 |
25 |
250 - 999 |
2 |
50 |
1,000 – 2,999 |
3 |
100 |
3,000 – 9,999 |
4 |
200 |
10,000 + |
5 |
500 |
Entrants must also electronically acknowledge and agree to the terms of the Website’s Privacy Policy and Terms of Use and submit the online entry form as instructed. All entries submitted under this Section 5 in accordance with these Official Rules shall be hereinafter referred to as the “Eligible Entries”. Automated entries or votes made via a bot will be disqualified. Any user spamming the Website in an effort to gain points will be disqualified. In the event of a dispute over who submitted a winning online entry, the authorized subscriber of the e-mail account used to register for the winning Account, will be deemed to be the entrant. The authorized subscriber is defined as the natural person who is assigned an e-mail address by an Internet access provider, online service provider or other organization (e.g. business, education, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
A maximum of four (4) entries are allowed per person during the Sweepstakes Period. All entries become the property of VMN and will not be acknowledged or returned. The odds of winning the Grand Prize depend on the number of Eligible Entries received.
6. Winner Selection/Notification: On or about October 12, 2011, VMN will select one (1) grand prize winner (the “Winner”) at random from among all of Eligible Entries received during the Sweepstakes Period. VMN will make up to two (2) attempts over a forty eight (48) hours period following the potential Winner’s selection to contact the potential Winner via the email address provided and saved with his/her Account (”Claim Period”). If the potential Winner cannot be reached during the Claim Period in which he/she is emailed, the potential Winner will be disqualified and an alternate Winner will be selected at random from among all remaining applicable Eligible Entries received.
7. Winner Verification: The potential Winner must prove eligibility, including, without limitation, proof of age and residence within three (3) days of being notified as a potential Winner. In the event of non-compliance by the potential Winner, if he/she is found to be ineligible, if he/she cannot or does not comply with these Official Rules or if his/her prize notification is returned as undeliverable, such potential Winner shall be disqualified and all privileges otherwise due as the Winner shall be terminated and an alternate potential Winner may be chosen from among all of the remaining Eligible Entries received in Sponsor’s sole discretion. The potential Winner must sign (or his/her parent/legal guardian must sign if Winner is a resident of a jurisdiction that deems him/her to be a minor) within three (3) days of receipt of such documents from Sponsor: (a) an affidavit of eligibility and release of the Sweepstakes Entities and their respective officers, directors, employees, agents, members, affiliated companies and subsidiaries, from any and all liability, loss, claims, demands, and causes of action for personal injury and/or damage, theft, loss, or any other harm suffered in connection with this Sweepstakes or the use/misuse or acceptance of the Grand Prize or any portion thereof to be eligible for the Grand Prize; and (b) except where prohibited by law, a promotional release granting Sponsor the right to use the Winner’s name and likeness for advertising and publicity purposes without additional compensation. Entry into this Sweepstakes constitutes agreement to sign such releases. The potential Winner (or his/her parent/legal guardian if Winner is a resident of a jurisdiction that deems him/her to be a minor) also must acknowledge that Sponsor has not and will not obtain or provide insurance of any kind relating to the Grand Prize and that potential Winner will be responsible for obtaining and paying for any property or other form of insurance relating to the Grand Prize. The potential Winner must also complete any additional legal documents provided by Sponsor (or third party on its behalf, if applicable) with respect to the Grand Prize and return them as instructed within the timeframe specified by Sponsor or the potential Winner may forfeit the Grand Prize at Sponsor’s sole discretion. All decisions of Sponsor relating to the Sweepstakes are final. Sponsor expressly reserves the right to delay the announcement of the Winner for creative or technical reasons or for any other reason Sponsor deems necessary.
8. Grand Prize (1):
The Winner will receive a trip for the Winner and one (1) guest (the “Guest”) on or around October 29, 2011 to on or around November 1, 2011 to be used by the Winner and his/her designated Guest to Los Angeles, LA (the “Location”) to attend the MTV O Music Awards (the “Awards Show”) and for the opportunity to be videotaped to appear in a digital custom vignette to be produced and exhibited online by MTV in connection with the Awards Show (the “Vignette”). All dates and the Awards Show are subject to change in Sponsor’s sole discretion. The trip for the Winner includes: (i) roundtrip coach class air transportation on an airline of Sponsor’s choice which shall originate from an airport of Sponsor’s choice nearest the Winner’s residence (as determined by Sponsor) to the Location (Sponsor reserves the right to substitute ground transportation for air transportation if the Winner resides within 150 miles of the Location); (ii) three (3) nights standard hotel accommodations at a hotel of Sponsor’s choice at the Location for the Winner which shall be one (1) room based on double occupancy (meals, telephone calls and other incidentals and costs are not included) and (iii) round trip ground transportation for the Winner between airport and hotel in the Location and between the Awards Show and hotel. An MTV production crew will produce the Vignette which is currently scheduled to appear online on the initial date of broadcast of the 2011 MTV O Music Awards . All aspects related to the production and exhibition of the Vignette, including, without limitation, the nature and the duration of Winner’s appearance within the Vignette, shall be at VMN’s sole discretion, subject, without limitation, to VMN’s creative direction and programming schedules (collectively, the “Grand Prize”). The total approximate retail value (”ARV”) of the Grand Prize is USD $3,000.00, depending on time of travel and departure and the total value of all prizes to be awarded in this Sweepstakes is $3,000.00. Any difference between the ARV and the actual value, if any, will not be awarded. Arrangements for the fulfillment of the Prizes will be made by the Sponsor or a third party on Sponsor’s behalf. The dates for the fulfillment of the Grand Prize will be on or around October 14, and such date is subject to change in Sponsor’s sole discretion. If Winner cannot travel on dates specified by Sponsor, Winner will forfeit all rights to the Grand Prize and an alternative Winner will be selected from the remaining Eligible Entries received, if time permits. Sponsor is not responsible if potential Winner is unable or unavailable to accept the Grand Prize.
Sponsor will determine the airline, ground transportation, and hotel in its sole discretion. Travel restrictions, conditions and limitations may apply. Travel arrangements are subject to availability and must be roundtrip. VMN shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels or other transportation companies or any other persons providing any of these services and accommodations necessitated by same. VMN shall not be liable for any loss or damage to baggage. If for any reason Sponsor is not able to provide the Awards Show, Sponsor reserves the right, but is not obligated, to cancel or modify the Sweepstakes in its discretion and shall award a substitute prize of equal or greater value, which may include, but is not limited to, a cash prize equivalent to the ARV of the trip portion of the Grand Prize as set forth in these Official Rules.
9. General Prize Terms: Arrangements for fulfillment of the Grand Prize, including all travel arrangements, will be made by VMN or a third party on VMN’s behalf. All costs and expenses not specifically listed above are solely Winners’ responsibility. The value of each Prize may be taxable to the Winner who won it as income. Each Winner may need to supply Sponsor with his/her social security number for tax purposes. An IRS Form 1099 or other tax related documents may be issued in the name of each of the Winner, for the actual value of the Prize received. Upon entry into the Sweepstakes, Winners (as well as all other entrants) are required to comply with any and all applicable federal, state, and local laws, rules, and regulations. All federal, state and local taxes, and any other costs not specifically provided for in these Official Rules are solely the Winners’ responsibility. Sponsor shall have no responsibility or obligation to a potential Winner who is unable or unavailable to accept or utilize the Grand Prize as described herein.
All specifics relating to the Grand Prize not specified in these Official Rules shall be determined by VMN in its sole discretion. Sponsor reserves the right to alter the number and nature of Vignettes to be produced and broadcast in its sole discretion. In the event of non-compliance by Winner or for any reason, Sponsor deems necessary (including, without limitation, changes in VMN’s programming schedule, cancellation or modification of the Awards Show, technical or creative reasons or for any reason beyond the control of Sponsors.) Sponsors reserve the right to exclude the Vignette portion of the Grand Prize. In this event, no substitution will be made for that portion of the Grand Prize. No substitution, transfer or cash equivalent of the Grand Prize or any portion thereof permitted, except by Sponsor, in which case a prize of comparable or greater value will be awarded.
10. General Terms: Noncompliance with any of these Official Rules may result in disqualification. ANY VIOLATION OF THESE OFFICIAL RULES BY THE WINNER OR ANY BEHAVIOR BY WINNER THAT WILL BRING WINNER OR SWEEPSTAKES ENTITIES INTO DISREPUTE (IN SWEEPSTAKES ENTITIES’ SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS THE WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS THE WINNER WILL BE IMMEDIATELY TERMINATED.
The Sweepstakes Entities assume no responsibility for incorrect or inaccurate entry information whether caused by any of the equipment or programming associated with or utilized in this Sweepstakes or by any human error which may occur in the processing of the entries in this Sweepstakes. The Sweepstakes Entities are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or players on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including, without limitation, any injury or damage to entrant's or any other person's computer related to or resulting from participation or downloading any materials in this Sweepstakes. The Sweepstakes Entities are not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes, or in the announcement of the Grand Prize or the Winner. If, for any reason, the Sweepstakes is not capable of running as planned, including, without limitation, changes in VMN’s programming, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sweepstakes Entities which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes. Should the Sweepstakes be terminated prior to the stated expiration date, notice will be posted on the Website and Grand Prize may be awarded to a potential Winner to be selected from among all applicable entrants who submitted Eligible Entries received up until and or after (if applicable) the time of modification, cancellation or termination or in a manner that is fair and equitable as determined by Sponsor. All interpretations of these Official Rules and decisions by Sponsor are final. No software-generated, robotic, programmed, script, macro or other automated online or text message entries are permitted and will result in disqualification of all such entries. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to have tampered with the entry process or the operation of this Sweepstakes; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person or to have provided inaccurate information on any legal documents submitted in connection with this Sweepstakes. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS 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. THE NEW YORK COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE SWEEPSTAKES AND THE LAWS OF THE STATE OF NEW YORK SHALL GOVERN THE SWEEPSTAKES. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THOSE COURTS. Entrants agree to indemnify and hold harmless the Sweepstakes Entities from any and all liability resulting or arising from the Sweepstakes, to release all rights to bring any claim, action or proceeding against the Sweepstakes Entities, and hereby acknowledge that said Sweepstakes Entities have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Grand Prize.
11. Request for Names of Winner and Official Rules: For the name of the Winner and/or Official Rules, send a self-addressed stamped envelope to:
“O MUSIC AWARDS SUPER FAN Sweepstakes”
Attention: MTV Marketing
1515 Broadway, 17-20B
New York, NY 10036
All requests for a copy of the Official Rules and for the names of Winner must be made by December 11, 2011. Please note on the front left-hand corner of your outer envelope whether you are requesting “Official Rules” or the names of the “Winners”. Vermont residents may omit return postage if requesting a set of Official Rules.
12. Sponsor: This Sweepstakes is sponsored by Viacom Media Networks, a division of Viacom International Inc., 1515 Broadway, New York, NY 10036.
Neither Twitter nor Facebook is a sponsor of the Sweepstakes, and neither is any way responsible for the administration of the Sweepstakes, the verification of winners or the fulfillment of the prizes. Inquiries (whether questions, comments or complaints) should be directed to VMN, not to Twitter or Facebook
Última actualización: 11 de octubre 2011
O Music Awards 2
Reglas de Votación
Estas son los términos y condiciones oficiales (los “Reglas de Votación Oficiales”) para la votación de los Premios “O Music Awards 2” (los “Premios”) que se llevaran a cabo en “MTV” el 31 de Octubre de 2011. Estas Reglas de Votación Oficiales están incorporadas como referencia en la sección de Términos de Uso de la página www.omusicawards.com (la “Pagina Web”).
1. COMO VOTAR
Para participar en esta votación, Usted debe tener una cuenta de Facebook o Twitter.
Los residentes de Italia y Brasil no son elegibles para participar.
VOTAR Y COMPARTIR
Primero deberá clickear el botón “VOTAR” que se encuentra al lado del nominado que Usted desea elegir. Luego, deberá seleccionar el botón de radio “VOTAR Y COMPARTIR” y clickear “SIGUIENTE”. Usted puede redactar un mensaje y luego optar por compartirlo junto con su voto en Facebook o Twitter, o ambos. Finalmente, deberá clickear “VOTAR Y COMPARTIR” para emitir su voto y para compartir su mensaje en su sección de “Ultimas Noticias” de Twitter y/o Facebook. Nota: Usted puede necesitar seguir instrucciones para acceder a su cuenta de Facebook vía Facebook Conect o ingresar a su cuenta de Twitter usando Twitter O Auth. Por favor, tenga en cuenta que esta acción aparecerá ahora en su página de Twitter o en su sección de “Ultimas Noticias” de Facebook.
SOLO VOTAR
Usted debe clickear el botón “VOTAR” que se encuentra al lado del nominado que usted desea elegir. Luego debe seleccionar el botón de radio “SOLO VOTAR” y clickear “SIGUIENTE”. Nota: Usted puede necesitar seguir instrucciones para acceder a su cuenta de Facebook vía Facebook Conect o ingresar a su cuenta de Twitter usando Twitter O Auth. Por favor, tenga en cuenta que este mensaje NO SERA COMPARTIDO en su Twitter y/o su aplicación “Ultimas Noticias” de Facebook, pero el nominado que Usted elija recibirá el voto de todas formas.
Si Usted está accediendo a la Pagina Web mediante su dispositivo móvil, Usted debe (a) tener un plan con wireless que incluya servicios de data/ WAP y (b) usar un dispositivo de wireless que sea capaz de acceder a Internet.
Los datos standard de tasas y otro tipo de costos pueden variar de acuerdo a su plan de servicios wireless. (Por favor contacte su servidor de wireless para informarse sobre los precios y otros detalles)
2. PERIODOS DE VOTACION
Los Periodos de Votación de “O Music Awards 2” se dividen de la siguiente manera:
(a) PRIMER PERIODO DE VOTACION: El periodo de votación para las siguientes categorías comenzara el 27 de Septiembre de 2011 a las 6:00 am Hora Este (“ET”) y continuara hasta el 14 de Octubre de 2011 a las 11:59pm ET (el “Primer Periodo de Votación”), sujeto a los cambios que VMN realice a su entera discreción:
Deberá seguir al Artista en Twitter.
Premio al Genio Digital
Mejor Video de Letras de Canciones
Mejor Artista Nacido en la Web
Más allá del Premio al Blog
Mejor Aplicación de Musical
Mejor artista con un Teléfono-Cámara
Portada Mejor Fan
ACTUALIZACIÓN: Debido a cambios en el calendario de producción y programación, la votación del Mejor Cover de un Fan cerrará el viernes 14 de octubre de 2011 a las 11:59pm ET.
Los ganadores del Primer Periodo de Votación serán anunciados alrededor del dia 27 de Octubre de 2011 en un horario a ser determinado por VMN y su entera discreción.
(b) SEGUNDO PERIODO DE VOTACION: El periodo de votación para las siguientes categorías empezará el 27 de Septiembre de 2011 a las 6:00am ET y continuará hasta el 24 de Octubre de 2011 a las 11:59 ET (el “Segundo Periodo de Votación”) sujeto a los cambios que realice VMN a su entera discreción:
Mejor Música NILF
Mucho desnudo para la TV
Oh Dios Amo este Premio
El Tweet más conmovedor
Mejor Foro de Música
Oops! He Hecho un Premio Online
Festivales Musicales más Innovador
Mejor Hack de Música
Servicio Social Musical más Adictivo
Mejor Video Viral Vintage
Los Ganadores del Segundo Periodo de Votación serán anunciados alrededor del 31 de Octubre de 2011, en un horario a ser determinado por VMN y su entera discreción.
(c) TERCER PERIODO DE VOTACION: El periodo de la siguiente categoría comenzará el 27 de Septiembre de 2011 a las 6:00am ET y continuará hasta el 31 de Octubre de2011 a las 10:59pm ET (el “Tercer Periodo de Votación” ), sujeto a los cambios que realice VMN a su entera discreción:
Fanático del Ejercito
El ganador del Tercer Periodo de Votación será anunciado alrededor del dia 31 de Octubre de 2011 durante la transmisión de los Premios en los horarios que VMN determine a su entera discreción.
3. LOS PREMIOS “O MUSIC AWARDS 2 SUPERFAN”.
Los premios son acerca de reunir un público comunal y energizante de súper fans para celebrar el logro de la música digital. Queremos reconocer el fan que participe la mayor cantidad de veces, nombrando su "Superfan de premios".
Para poder ser nombrado el Superfan de premios, en el momento de la votación, los participantes deben tener al menos 13 años de edad o más para votar y no pueden ser un empleado, agente o representante de Viacom Media Networks, una división de Viacom International Inc. ("VMN"), Viacom Inc. o cualquiera de sus respectivas empresas matrices, afiliados o empresas relacionadas. Los residentes de Italia y Brasil no son elegibles para votar o ser nombrados el Superfan de premios. Los Participantes que no han alcanzado la mayoría de edad según las leyes de los paises que residen deberan obtener una autorización de sus padres o tutores legales para ser elegibles y participar en esta promoción de votación.
Cuando un fanático vote a cualquier candidato como se describió anteriormente en la sección 1, cada voto se asignará al número de puntos que se indican a continuación:
ACCION POINTS EARNED
Votar y Compartir tu voto en Facebook 10 puntos
Votar y Compartir tu voto en Twitter 5 puntos
Votar (sin compartir tu voto) 3 puntos
Si un fan elegible comparte su voto en Facebook y Twitter, a tal fan se le otorgarán 15 puntos.
Basándose en el número de puntos obtenidos, al fan elegido se le permitirá votar entre un máximo de 25 y 500 veces al día como sigue:
PUNTOS GANADOS NIVEL VOTOS PERMITIDOS POR DIA
0 - 249 1 25
250 - 999 2 50
1,000 – 2,999 3 100
3,000 – 9,999 4 200
10,000 + 5 500
Al final del Tercer Período de Votación, todos los votos emitidos durante los tres períodos de voto para todas las categorías serán contados y el fan con la mayor cantidad de puntos acumulados, según lo determinado por VMN a su sola discreción, serán nombrados en la página web. Desempates: En caso de cualquiera de los dos (2) o más fans elegibles tengan un conteo de puntos igual a la conclusión del tercer período de votación, VMN darán prioridad a los fans que alcanzaron esos puntos lo antes posible dentro del período de votación. El ganador será anunciado en el sitio web. Los ganadores no serán contactados directamente, por lo que los aficionados deben visitar el sitio web para ver quién es nombrado ganador.
4. TERMINOS ADICIONALES.
Los votos no serán aceptados antes o después de los períodos de votación y sólo se aceptarán aquellos aplicables a las categorías determinadas. Todos los votos presentados serán propiedad exclusiva de VMN y no serán reconocidos ni reintegrados.
Queda prohibido el uso de cualquier dispositivo para automatizar una votación, incluyendo pero no limitado a generados por el software, robótica, programado, script, macro u otros votos automatizados. VMN se reserva el derecho a su entera discreción de descalificar a cualquier persona (y eliminar los votos de ese individuo) por sospecha o certeza de que el mismo: (i) ha utilizado una secuencia de comandos generados por el software, robótica, programado, macro o otro Facebook automatizado "Share", tweet Twitter, votación en línea/WAP; (ii) de haber manipulado el proceso de votación; (iii) a actuar en violación de estas normas de votación; o (iv) actuar de una manera antideportiva o interruptora, o con la intención de molestar, abusar, amenazar o acosar a cualquier otra persona. VMN se reserva el derecho de quitar votos a su entera discreción.
Si, por cualquier razón, cualquier aspecto de este proceso de votación no es capaz de ejecución según lo previsto, incluyendo la infección por virus informáticos, fallos, manipulación, intervención no autorizada, fraude, técnica o fallas en el sistema o interrupción, 'Actos de Dios' o ataques terroristas o cualquier otra causa fuera del control de VMN que pueda dañar o afectar a la administración, seguridad, equidad, integridad o la regularidad de la votación o por cualquier motivo VMN estime necesario que VMN reserve el derecho a su entera discreción a cancelar, terminar, modificar o suspender el proceso de votación y reserve el derecho a su entera discreción para determinar los ganadores. VMN reserva el derecho a su entera discreción de descalificar a cualquier persona que encuentre a ser manipulaciones con cualquier aspecto de la votación o el funcionamiento del proceso de voto o sitio Web; estar actuando en la violación de estas votaciones reglas; o actuando de una manera antideportiva o interruptora, o con la intención de molestar, abusar, amenazar o acosar a cualquier otra persona y anular todos los votos.
La participación en este proceso de votación es bajo su propio riesgo. VMN, Twitter, Inc. ni Facebook, Inc. o cualquiera de sus respectivas empresas matrices, afiliado compañías, empresas relacionadas, patrocinadores, filiales y agencias de publicidad, son responsables de cualquier entidad asociada a este proceso de votación ("Partes Liberadas") no será responsable de: (i) dificultades para acceder a los sistemas de telecomunicaciones; (ii) los errores en la transmisión; (iii) interrupciones o retrasos o cualquier problema o mal funcionamiento técnico de cualquier teléfono red o líneas, informática en línea, servidores o proveedores, equipos, software, error de correo electrónico o jugadores por problemas técnicos o congestión del tráfico en Internet o en cualquier web (iv) cualquier participación incompleta, perdida, tardía, retrasada, votos erróneos o ilegibles o falta de recepción de votos; (v) la lesión o el daño a usted o a cualquier otra persona, computadora o teléfono móvil relacionados o resultantes de participar en este concurso, o descargando materiales o software o intento de participar en este concurso o descargar materiales o programas relacionados con este proceso o (vi) fallas en los teléfonos (incluyendo teléfonos de teléfonos inalámbricos), las líneas telefónicas o sistemas de teléfonos, equipos celulares Torres, sistemas o servicios inalámbricos u otros fallos de funcionamiento de las comunicaciones de teléfono. Las partes no son responsables y no serán responsables de: (i) cualquier condición causada por eventos fuera del control de de VMN que puedan causar la alteración de la votación; (ii) errores tipográficos u otros errores en la impresión, la oferta o la administración de las reglas oficiales de la votación o (iii) cualquier error en el anuncio de los ganadores potenciales.
Los participantes asumen toda responsabilidad por cualquier lesión o daños causados por su participación en la votación en oportunidad de la participación descrita en estas reglas de votación oficial y relacionadas con la producción o la exposición de este espectáculo y sus respectivos funcionarios, directores, empleados, accionistas, padres, filiales y afiliadas de cualquier reclamación o responsabilidad.
Al participar en este proceso de votación, usted acepta obligarse por estas reglas oficiales de votación. El incumplimiento de las reglas oficiales de votación puede resultar en la descalificación de los votantes exclusivamente a la discreción de VMN. VMN reserva el derecho a modificar estas reglas oficiales en cualquier momento a discreción de VMN.
Todas las interpretaciones de estas normas oficiales y las decisiones de VMN relativas a este proceso de votación son definitivas.
El candidato, que recibe el mayor número de votos válidos en cada categoría, según lo determinado por VMN a su discreción, se considerará el ganador de la categoría. En el caso de un conflicto o empate o si por cualquier otra razón VMN lo considere necesario o apropiado, VMN reserva el derecho de hacer la determinación final sobre cuál de los candidatos será declarado el ganador de la categoría. Están prohibidos la obtención de votos por cualquier medio fraudulento o inadecuado, incluidos, sin limitación, ofreciendo premios o otros incentivos a los miembros del público, según lo determinado por VMN a su entera discreción.
El proceso de votación está sujeto a todas las leyes federales, estatales y locales. Precaución: Cualquier intento por usted o cualquier otro individuo dañar deliberadamente o manipular el proceso de votación o de lo contrario socavar la operación legítima de la votación es una violación de las leyes penales y civiles y ante cualquier intento, reservamos el derecho a reclamar daños y perjuicios (incluyendo honorarios de abogados) y / u otros recursos de dicha persona en la máxima medida permitida por la ley.
Los "O Music Awards 2" no son en modo patrocinado, avalado o administrado por o asociados con, Facebook, o Twitter Inc., Inc. Las preguntas (las preguntas, comentarios o quejas) se deben dirigirse a VMN, no Facebook o Twitter.
Cualquier pregunta relacionada con la "Premios de la Música de O 2", estas reglas de votación y / o cualquier otro asunto relacionado deben ser dirigidas a:
Consultas por correo electrónico: omusicawards@mtv.com, o
Las consultas por escrito: Viacom Media Networks, una división de Viacom International Inc., 1515 Broadway, New York, NY 10036, Attn: 2011 Premios de la Música O.
© 2011 Viacom Media Networks, una división de Viacom International Inc. Todos los derechos reservados. MTV y los "Premios O Music" y todos los títulos y logos son marcas registradas de Viacom International Inc.