The "America’s Next Top Model Photo Shoot Vote
And Video Submission Contest"
Terms and Conditions
NO PURCHASE OR USE OF MOBILE NECESSARY TO ENTER OR WIN. CONTEST IS OPEN TO LEGAL RESIDENTS OF THE UNITED STATES AT LEAST 13 YEARS OLD AT DATE OF ENTRY. CONTEST VOID OUTSIDE OF THE US, IN PUERTO RICO, ALL US TERRITORIES AND POSSESSIONS AND WHERE PROHIBITED BY LAW. VOTING PERIOD AND CONTEST START ON FEBRUARY 21, 2013 AND ENDS ON APRIL 1, 2013. MESSAGE AND DATA RATES MAY APPLY.
All execution-specific times are Pacific time. The “America’s Next Top Model Photo Shoot Vote And Video Comment Contest” (the “ANTM Vote”) begins on Thursday, February 21, 2013, at 11:00:00 a.m. and ends on Monday, April 1, 2013, at 8:59:59 p.m. (the “Master Voting Period”) and is affiliated with The CW Network television series America’s Next Top Model (hereinafter referred to as the “Series”). The Master Voting Period and individual Polling Period dates and times (as disclosed below) are subject to change at the sole discretion of the The CW Network and with no advance warning/notification.
The ANTM Vote is open to individuals who are legal residents of any one (1) of the fifty (50) United States and the District of Columbia (collectively, the “U.S.”) who are thirteen (13) years of age or older in their state of residence and physically domiciled in the U.S. at the time of initial participation (hereinafter referred to as a “Participant” or collectively as “Participants”). As a condition of participating in the ANTM Vote, each Participant acknowledges that he/she is not entitled to any guild or union wages or similar compensation, and that if he/she is a member of any guild or union, then his/her participation in the ANTM Vote is at his/her own risk and he/she is solely responsible for complying with any guild or union regulations.
The CW Network, LLC is hereinafter referred to as the “Network”. Warner Bros. Television, a division of WB Studio Enterprises Inc., is hereinafter referred to as “WBTV”. Ten By Ten Entertainment, Tyra Banks Company Holdings, Inc., Anisa Productions, Inc., and Pottle Productions, Inc. are hereinafter collectively referred to as the “Producers”. The entities listed above and Warner Bros. Entertainment Inc., CBS Corporation and each of their respective member or parent companies and subsidiaries, affiliates, distributors, divisions, other Series production-related entities, broadcast affiliates, or advertising and promotion agencies associated with the ANTM Vote are hereinafter collectively referred to as the “Administrative Parties”.
By participating, each Participant agrees to be bound by these Terms and Conditions (hereinafter “T&Cs”) and the decisions of the Network and the Producers, which are final and binding in all respects.
HOW TO PARTICIPATE:
Throughout the Master Voting Period, Series episode–specific contestant photographs and video clips will be revealed on www.cwtv.com/antmvoting during specific time periods (each hereinafter referred to as an “ANTM Polling Period” or, collectively, as “ANTM Polling Periods”), which will occur during or about the timeframes listed below:
ANTM Polling Period #1
(between 11:00 a.m. and 8:59 p.m. on February 21, 2013)
ANTM Polling Period #2
(between 11:00 a.m. and 8:59 p.m. on February 24, 2013)
ANTM Polling Period #3
(between 11:00 a.m. and 8:59 p.m. on February 28, 2013)
ANTM Polling Period #4
(between 11:00 a.m. and 8:59 p.m. on March 3, 2013)
ANTM Polling Period #5
(between 11:00 a.m. and 8:59 p.m. on March 7, 2013)
ANTM Polling Period #6
(between 11:00 a.m. and 8:59 p.m. on March 10, 2013)
ANTM Polling Period #7
(between 11:00 a.m. and 8:59 p.m. on March 14, 2013)
ANTM Polling Period #8
(between 11:00 a.m. and 8:59 p.m. on March 17, 2013)
ANTM Polling Period #9
(between 11:00 a.m. and 8:59 p.m. on March 23, 2013)
ANTM Polling Period #10
(between 11:00 a.m. and 8:59 p.m. on March 26, 2013)
ANTM Polling Period #11
(between 11:00 a.m. and 8:59 p.m. on March 29, 2013)
ANTM Polling Period #12
(between 11:00 a.m. and 8:59 p.m. on April 1, 2013)
During these specific Polling Periods only, Participants may rate the individual featured contestants by assigning them a score between 1 and 10 (1 being the worst and 10 being the best) (hereinafter referred to as a “Score” and/or the act of “Scoring”) at http://www.cwtv.com/antmvoting (hereinafter referred to as the “Website”).
Aggregate Scoring, derived from Scores received during each respective Polling Period, may be used by the Network and/or Producers to rank each of the featured America’s Next Top Model contestants. A composite Score, as solely determined by the Producers, will be used by the Producers as a factor in determining contestants to be eliminated from the America’s Next Top Model competition.
Producers may, at their sole discretion, provide suggested subject matter/content from which Participants may base their Scoring and/or Voting Submissions (as defined below) for a specific Polling Period.
(1) If you wish to submit your Scoring and include a written/photo comment:
Visit the Website and follow the on-screen instructions to reach the ANTM Vote registration page. On the registration page, follow the on-screen instructions to use the Scoring mechanism provided to indicate your Score for each respective contestant featured on the registration page and provide the following information and submission-related assets:
(2) If you wish to submit a video comment:
Visit the Website and follow the on-screen instructions to reach the ANTM Vote registration page. On the registration page and in the spaces provided, Participant has the option to use the Scoring mechanism provided to indicate a Score for each respective contestant featured on the registration page; however, it is not necessary that a Participant score a contestant in order to submit a video comment on that contestant’s photos and/or video clips. As disclosed above, provide your selected and valid Social Media ID and then provide the following submission-related assets:
Every Participant who uploads a Video Submission will automatically be entered into the Video Submission Contest, as described further below. Only Participants who submit a valid Video Submission are eligible for the Video Submission Contest, and Participants who only submit a Written Submission are not eligible.
IMPORTANT: All Voting Submissions received by the Administrative Parties may be posted (in whole or in part) online and/or in other forms of ANTM Vote-related and/or any other media on a worldwide basis, in any manner and in all venues, in perpetuity, without further compensation, review or approval, including, without limitation, in and in connection with the ANTM Vote, the Video Submission Contest, on Administrative Party-related websites and any of Administrative Parties’ advertising and promotion materials and/or broadcasts in any form (see “GRANT—HOW THE ADMINISTRATIVE PARTIES MAY USE YOUR VOTING SUBMISSION–RELATED MATERIALS” for further disclosures below).
A Participant may participate a maximum of one (1) time per Social Media ID, per Polling Period for each model contestant (each respective Polling Period and related participation restrictions to be disclosed on the Website), regardless of method of submission; however, each Voting Submission submitted must be significantly different in content, presentation and/or messaging (as determined solely by the Network and/or the Producers) from any other Voting Submission entered by the same Participant. Voting Submissions received before and/or after the Master Voting Period will be void. The Network and/or the Producers, at their sole discretion, reserves the right to modify the number of Voting Submissions that may originate from a Participant’s Social Media ID at any time with or without notice.
Each Voting Submission that is entered into the ANTM Vote must meet the following “Submission Requirements” (any submission that, in the Network’s and/or the Producer’s sole and absolute discretion, violates the following criteria may be disqualified). By submitting a Voting Submission, Participant agrees that his/her submission shall not contain, include or involve any of the following:
Voting Submissions must be in keeping with Network’s and the Series’ image and may not be offensive, as determined by Network and/or the Producers at their sole discretion, nor can it defame or invade publicity rights or privacy rights of any person, living or deceased, or otherwise infringe upon any person’s personal or proprietary rights. In such an event, the Voting Submission may be disqualified from the ANTM Vote.
Network and/or the Producers have the sole discretion to determine whether a submission (in any medium) qualifies as a Voting Submission. Any Voting Submission not in compliance with the above and that does not meet the Network and/or Producer-dictated requirements may be disqualified.
Each Participant agrees to indemnify, defend and hold harmless the Administrative Parties for any breach or alleged breach of any of the foregoing representations and warranties.
Nonreadable, garbled or incomplete Voting Submissions, or Participants that do not abide by these T&Cs, as determined by the Administrative Parties, at their sole discretion, may be disqualified. All Voting Submissions become property of the Network and the Producers and will not be returned or acknowledged. Voting Submissions that are submitted by a third-party entity on behalf of a Participant, including, but not limited to, a sweepstakes and/or contest agent or agency, or Voting Submissions that are forged, altered or are generated by a macro, bot or other automated means will not be accepted and may be void. Submission of false or misleading information by a Participant will be grounds for disqualification of a Participant. Proof of submission of a Voting Submission will not be deemed proof of receipt of a Voting Submission by the Network. For purposes of these T&Cs, a Voting Submission is “received” online when The CW’s Website (or their designated representative’s) server(s) record the Voting Submission upon Participant clicking the final “Submit” button (in any message or graphic-related representation). All Voting Submissions must be submitted legitimately.
In the event of a dispute regarding the identity of a Participant, the Voting Submission will be deemed submitted by the authorized account holder of the Social Media ID provided, but only if that person meets all other eligibility criteria. An authorized account holder is defined as the natural person who is assigned to the Social Media ID by the related provider, or other organization that is responsible for related assignation. A Participant may be requested to provide the Administrative Parties with proof that he/she is the authorized account holder of the Social Media ID associated with the related Voting Submission. If a dispute cannot be resolved to Network’s and/or the Producers satisfaction, the Voting Submission may be deemed ineligible.
In addition to the “Grant” section below, a Participant’s personal information will be utilized by the Administrative Parties to comply with any legal requirements, and as otherwise disclosed on the Website and/or registration form.
VOTING SUBMISSION SELECTION CRITERIA:
The Producers, at their sole discretion, will determine if and/or when a selected Participant’s Voting Submission is utilized in the Series, if at all. The Producers are not obligated to broadcast or otherwise use or exploit any Submitted Materials or any part thereof.
SELECTED VOTING SUBMISSION EXPERIENCE:
A selected Participant’s Voting Submission may, at the Administrative Parties’ sole discretion, appear in a future episode of the Series (hereinafter referred to as the “Experience”).
There is NO compensation of any kind as a result of participation in the ANTM Vote. Any additional Experience-related consideration conveyed, other than that specifically disclosed in these T&Cs, will be conveyed at the sole discretion of the Administrative Parties.
GRANT—HOW THE ADMINISTRATIVE PARTIES MAY USE SUBMITTED MATERIALS, AS DISCLOSED BELOW:
Except where prohibited by law, by participating in the ANTM Vote, each Participant grants the Administrative Parties the perpetual and irrevocable right and license to use his/her name, voice, photograph, visual and audio likeness in any medium, statements, biographical information, and any information or material contained in his/her submission (collectively, “Submitted Materials”) on a worldwide basis, in any manner and in all venues and forms of media, now known or hereafter devised, in perpetuity, without any form of payment or other compensation, review or approval, including, without limitation, in and in connection with the Series, on Administrative Parties’ websites and any of Administrative Parties’ advertising and promotion materials and/or broadcasts in any form. In addition, by participating, each Participant, except where prohibited by law, consents to being photographed, filmed, taped and/or interviewed about the ANTM Vote, without compensation, review or approval. In connection therewith, each Participant grants full permission and consent to the Administrative Parties to utilize any of the results of such photographing, filming, taping and/or interviewing in perpetuity, in any manner and in any and all media now known or hereafter devised and hereby releases the Administrative Parties from all liability related thereto.
Each Participant agrees that by submitting the Submitted Materials, he/she irrevocably and exclusively assigns all right, title and interest, without limitation, in and to the Submitted Materials to the Network and the Producers, including, without limitation, all trademarks, copyrights and all other proprietary and intellectual property rights contained therein.
Network and the Producers reserve the right to edit, adapt or otherwise revise and alter any Submitted Materials. Each Participant hereby waives any moral rights or so-called droit moral in and to his/her Submitted Materials, and each Participant hereby releases each of the Administrative Parties from any liability or cause of action related to editing, adapting or otherwise revising and altering any Submitted Materials.
Participants agree that the Administrative Parties are not obligated to broadcast or otherwise use or exploit any Submitted Materials or any part thereof. By submitting Submitted Materials, each Participant agrees to execute any documents or take any further action required by the Administrative Parties to effectuate the intention of the grants in these T&Cs and any other agreements made by each Participant.
The Administrative Parties may require an additional separate written agreement with a Participant at their sole discretion.
REPRESENTATIONS, WARRANTIES, DISCLAIMERS, RELEASES & INDEMNITY:
THE ADMINISTRATIVE PARTIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE EXPERIENCE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE EXPERIENCE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THE ADMINISTRATIVE PARTIES HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NONINFRINGEMENT.
EACH PARTICIPANT AND EACH OF HIS OR HER AGENTS, ASSIGNEES, EXECUTORS AND SUCCESSORS AGREE TO INDEMNIFY, DEFEND, HOLD HARMLESS AND FULLY RELEASE AND FOREVER DISCHARGE EACH OF THE ADMINISTRATIVE PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, COSTS, CLAIMS, ALLEGED CLAIMS, DEMANDS, DUTIES, RIGHTS, AGREEMENTS, PROMISES, DAMAGES, INJURIES, LOSSES, EXPENSES, LIENS AND DEBT ACTIONS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES, WHETHER NOW KNOWN OR UNKNOWN, UNFORESEEN OR FORESEEN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH, DIRECTLY OR INDIRECTLY, PARTICIPATION IN THE ANTM VOTE, INCLUDING, WITHOUT LIMITATION, PERSONAL EMBARRASSMENT, PUBLIC RIDICULE, LOSS OF PRIVACY, LOSS OF ENJOYMENT, OR OTHER HARM OR LOSS OF ANY NATURE WHATSOEVER CAUSED OR CONTRIBUTED TO BY OR ARISING OUT OF PARTICIPATION IN THE ANTM VOTE. IF ANY OF THESE T&CS ARE DETERMINED TO BE INVALID OR UNENFORCEABLE, THESE T&CS SHALL OTHERWISE REMAIN IN EFFECT AND SHALL BE CONSTRUED IN ACCORDANCE WITH THEIR TERMS AS IF THE INVALID OR UNENFORCEABLE PROVISION WERE NOT CONTAINED HEREIN. THE ADMINISTRATIVE PARTIES ARE NOT RESPONSIBLE FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS OR REROUTING RESULTING FROM ANY ACTS OF ANY GOVERNMENT OR AUTHORITY.
EACH PARTICIPANT ACKNOWLEDGES THAT THERE IS A POSSIBILITY THAT SUBSEQUENT TO PARTICIPATING IN THE ANTM VOTE AND AGREEING TO THESE T&CS, A PARTICIPANT WILL DISCOVER FACTS OR INCUR OR SUFFER CLAIMS WHICH WERE UNKNOWN OR UNSUSPECTED AT THE TIME A PARTICIPANT AGREED TO THESE T&CS, AND WHICH IF KNOWN AT THAT TIME MAY HAVE MATERIALLY AFFECTED A PARTICIPANT’S DECISION TO AGREE TO THESE T&CS. BY PARTICIPATING IN THE ANTM VOTE, EACH PARTICIPANT ACKNOWLEDGES AND AGREES THAT BY REASON OF THESE T&CS, AND THE RELEASES CONTAINED IN THE PRECEDING PARAGRAPHS, EACH PARTICIPANT ASSUMES ANY RISK OF SUCH UNKNOWN FACTS AND SUCH UNKNOWN AND UNSUSPECTED CLAIMS.
Each Participant understands and agrees that all rights under Section 1542 of the California Civil Code and similar law of any state or territory of the United States are hereby expressly waived. Said section reads as follows:
1542 CERTAIN CLAIMS NOT AFFECTED BY GENERAL RELEASES. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
VIDEO SUBMISSION CONTEST
How to Enter: During each ANTM Polling Period, Participants who upload a Video Submission automatically nominate themselves for the opportunity to win the finalist prize for that ANTM Polling Period and to become eligible to win the grand prize.
Judging Criteria: Eligible Video Submission received for the relevant ANTM Polling Period will be viewed by Anisa producers who will evaluate and judge (the “Judges”) the Video Submissions based on the following equally-weighted criteria: insightfulness, presentation and wording of Participant’s comment, and entertainment value. For the purpose of clarity there will be nine (9) or less judges. For each ANTM Polling Period, the Judges will then determine the Video Submission that in their opinion best satisfied the criteria above (each a "Finalist Video" and collective the “Finalist Videos”). The Finalist Video selected for each ANTM Polling Period will be revealed after the initial broadcast of the corresponding episode (if the episode is broadcast at all) on the Website. Only one of each Participant’s Video Submissions may be a Finalist Video; therefore, once a Participant’s Submission Video has been determined to be a Finalist Video, that Participant’s other Video Submissions will not be eligible to be Finalist Videos. Participants who submitted Finalist Videos will be eligible to win the grand prize. After the Finalist Video from the last ANTM Polling Period has been selected, all Finalist Videos will be posted on a webpage on the Website and identified as the Finalist Videos. The Judges will evaluate the Finalist Videos based of the criteria above. The Finalist Video that is determined to best satisfy the criteria above will be considered the winner of the grand prize ("Grand Prize Winner"). The Grand Prize Winner will be revealed during the broadcast of the finale episode of cycle 20 of the Series or on the Website after such broadcast has occurred.
Use of Videos: There is no guarantee that the Video Submissions selected as a Finalist Video will be used in any episode of the Series. Further, there is no guarantee that any Video Submissions included in an episode of the Series is a Finalist Video or the Grand Prize Winner.
Finalist Prizes: One (1) prize will be awarded to each of the Participants whose Video Submission is chosen as a Finalist Video (each, a “Finalist Prize” and collectively, the “Finalist Prizes”). The Finalist Prizes consist of a variety of products provided by Series’ sponsors, prize suppliers or others related to the Series. Approximate retail value of each of the Finalist Prizes is equal to or less than One Hundred Dollars (US$100.00).
Grand Prize: One (1) grand prize (the “Grand Prize”) will be awarded to the Participant whose Finalist Video is selected as the Grand Prize Winner. The Grand Prize consists of a gift card for Guess? products worth a retail value of approximately Two Thousand Dollars (US$2,000.00).
Prize Restrictions. If for any reason, Producers are unable to provide the items identified as Finalist Prizes and/or the Grand Prize (individually, a “Prize” and collectively, “Prizes”), Producers will provide an alternate Prize, as needed, that Producers will determine in their sole discretion to be of comparable value to the original Prize(s). In the event that a Participant who submitted a Finalist Video or the Grand Prize Winner (each, a “Winner”) is unable to receive a Prize, Producers shall have no further obligation to that Participant and Producers reserve the right to select an alternate Winner or none at all. All other expenses relating to acceptance of the Prizes not explicitly stated herein, including but not limited to taxes, are the responsibility of the Winners. Prizes are nontransferable. All taxes, including but not limited to federal, state, local, income and other taxes are the sole responsibility of the Winners. No assignment, transfer or substitution of the Prizes is permitted, except that Producers reserve the right to substitute one or more of the Prizes with prizes of comparable or greater value. Prizes are solely for personal use and may not be used in conjunction with any other promotion. All other costs and expenses not specified herein, if any, are the responsibility of the Winner. Prizes' details are at the sole discretion of the Affiliated Entities.
Prize Taxes. All federal, state, local and other tax liabilities arising from this Contest, including, without limitation, winning the Prize, will be the sole responsibility of the Winner. The Winner will be issued an IRS 1099 tax form for the value of their Prize.
Winner Notification: Winners will be selected after the broadcast of the episode relating to the relevant ANTM Polling Period, and will be notified within 30 days after such selection. Each Winner will be notified by email and/or by phone. If a Winner cannot be reached after a reasonable effort has been made during three (3) business days from the first notification attempt, such person may be disqualified at the discretion of the Administrator, with alternate Winners, if any, selected in accordance with these T&C.
Affidavit of Eligibility/Liability Release and Publicity Release. In order to receive a Prize, each Winner will be required to complete, execute and return an Affidavit of Eligibility/Liability Release, and where lawful, a Publicity Release (collectively, the "Release Forms") within three (3) days of notification of winning. Failure to properly execute and return Release Forms in a timely manner, or if the Prize notification or the Prize is returned as non-deliverable, or if the Winner is found not to be eligible or not in compliance with these T&C, may result in disqualification with an alternate Winner selected in accordance with these T&C.
Publicity Release Terms. Except where prohibited by law, the Winners’ acceptance of the Prize constitutes permission for the Affiliated Entities to use the Winners’ name, video, photograph, likeness, statements, biographical information, voice, address (city and state) and Video(s) worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation in connection with the Video Submission Contest and identifying the Winner.
Improper Conduct. Anisa, in its sole discretion, may disqualify any entrant from participation in or use of any or all portions of this Video Submission Contest, and refuse to award the Prize, if entrant engages in any conduct Anisa deems to be improper, unfair or otherwise adverse to the operation of the Video Submission Contest or detrimental to other entrants of the Video Submission Contest. Such improper conduct includes, without limitation, falsifying personal information required during entrant registration or the Prize claim, violating any term or condition stated herein, accumulating entries through methods such as automated computer scripts or any other programming techniques, allowing others to use entrant's personal information for the purpose of accumulating entries, or intentionally trying to defraud, reverse engineer, disassemble or otherwise tamper with the computer programs in connection with this Video Submission Contest. Entrants agree that Anisa may void any part of a Prize that entrant may have won and/or require the return of any part of a Prize that entrant may have won as a result of such improper conduct. Entrant further acknowledges that any forfeiture of the a Prize and/or return of the any part of a Prize shall in no way prevent Affiliated Entities from pursuing other avenues of recourse such as criminal or civil proceedings in connection with such conduct. WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, EACH OF THE CONTEST ENTITIES RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Integrity of Contest. If, for any reason, the Video Submission Contest is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which Anisa, in its sole opinion, believes could corrupt or affect the administration, security, fairness, integrity or proper conduct of this contest, Anisa reserves the right at its sole discretion to cancel, terminate, modify or suspend this contest and select the Prize Winner from entries received prior to the action taken or in such other manner as Anisa may deem fair and appropriate.
Lost or Corrupted Entries. The Affiliated Entities, and their parents, affiliated and subsidiary companies and advertising, marketing and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, lost, late, incomplete, corrupted, stolen, misdirected, illegible or postage due entries or mail, if applicable; or for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, unauthorized human intervention, or the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information. The Affiliated Entities, and their parents, affiliated and subsidiary companies, advertising, marketing and promotion agencies, are not responsible for any incorrect or inaccurate information, whether caused by registration information submitted by end users or tampering, hacking, or by any of the equipment or programming associated with or utilized in this Video Submission Contest, and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the contest.
Damaged Property. Affiliated Entities, and their parents, affiliated and subsidiary companies and advertising, marketing and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, injury or damage to any entrants or to any other person's computer or property related to or resulting from participating in this Video Submission Contest or downloading materials from this Video Submission Contest.
Contest Errors. The Affiliated Entities, and their parents, affiliated and subsidiary companies and advertising, marketing and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, errors and/or ambiguity: (a) in the Video Submission Contest; (b) in any related advertising, marketing or promotions of the Video Submission Contest; and/or (c) in these T&C. In the event of any ambiguity(s) or error(s) in these T&C, Producers reserve the right to modify them for clarification purposes or to correct any such ambiguity or error(s) without materially affecting the terms and conditions of the Video Submission Contest.
Prize and Winner. The Contest Entities, and their parents, affiliated and subsidiary companies, dealers and advertising, marketing and promotion agencies, assume no liability and are not responsible for, and you/entrant hereby forever waive/s any rights to any claim in connection with, the selection and announcement of any Winner, the distribution of any Prize, the acceptance/possession and/or use/misuse of any part of any Prize and/or any injury or damage to any entrant's or third party's person (including death) or property related to or resulting from any part of any Prize or any part of the Video Submission Contest.
Limitation of Liability. IN NO EVENT WILL THE AFFILIATED ENTITIES, THEIR PARENTS, AFFILIATES, SUBSIDIARIES, DEALERS AND RELATED COMPANIES, THEIR ADVERTISING, MARKETING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS AND ASSIGNS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF THE VIDEO SUBMISSION CONTEST, INCLUDING WITHOUT LIMITATION PARTICIPANT’S ACCESS TO AND USE OF THE CONTEST OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE CONTEST. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
Disclaimer of Warranties. THE VIDEO SUBMISSION CONTEST & PRIZE(S) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Winner List/Official Rules: For the name of the Winners, send a self-addressed stamped envelope for receipt by April 31, 2013 to America’s Next Top Model Video Comment Contest c/o Anisa Productions, Inc., 1950 Sawtelle Boulevard, Suite 200, Los Angeles, CA 90025. For Official Rules send a self-addressed stamped envelope to the above address marked "Official Rules: America’s Next Top Model Video Comment Contest - Rules for receipt by April 31, 2013.” Residents from VT may omit postage on the self-address envelope requesting a copy of the Official Rules. The names of the Winners may, and Official Rules will, be posted on the Series Website.
Each Participant agrees that the Administrative Parties are not responsible for any errors, typographical errors or misprints in these T&Cs or any materials, including, but not limited to, the advertising, promotion or offer of the ANTM Vote. If the ANTM Vote or, as applicable, the determination and assignment of the Experience element becomes compromised, hampered, interrupted, not capable of running or being fulfilled as planned, rendered impossible of performance in any way or prevented, including, without limitation, because of any kind of human error, computer viruses, bugs, electronic, hardware, software, Internet, network, technical or telephone or mobile telephone/wireless failures, tampering, unauthorized intervention, fraud, an event of force majeure or any other cause created by the Administrative Parties, the user or by any of the equipment or programming associated with or utilized in the ANTM Vote, the Administrative Parties reserve the right, at their sole discretion, to change the terms and conditions of these T&Cs, to cancel, modify, suspend or withdraw the ANTM Vote or any ANTM Vote offer and/or cancel, modify, suspend or withdraw any method of participation, without notice, and assign the Experience from among all eligible Voting Submissions received for the ANTM Vote prior to or after the cancellation, modification, suspension or withdrawal. As used herein, an event of force majeure shall be deemed to include, without limitation, an act of God; an act of terrorism, war, riot or civil commotion; fire; casualties; boycott; labor dispute, strike or stoppage (including a strike by the members of any union); an act of any federal, state or local authority; or any other similar or dissimilar act beyond the Administrative Parties’ control.
The Administrative Parties are not responsible and/or liable for any of the following, whether caused by the Administrative Parties, the Participant or by human or other error: any lost, late, incomplete, illegible, mutilated or misdirected Voting Submissions, e-mail or mail or postage-due mail; any error, omission, interruption, defect or delay in transmission or communication, including, but not limited to, lost or unavailable mobile telephone/wireless connection or failure; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; failures of electronic equipment, computer hardware or software including, but not limited to, inability of a Participant’s computer to interface with the provided Voting Submission mechanism; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications.
Each Participant agrees not to knowingly damage or cause interruption of the ANTM Vote and/or prevent others from participating in the ANTM Vote. Any person who supplies false information, submits Voting Submissions by fraudulent means or is otherwise determined to be in violation of these T&Cs may forfeit the Experience and may be prosecuted to the full extent of the law. CAUTION: ANY ATTEMPT TO DAMAGE ANY SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE ANTM VOTE VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, NETWORK AND/OR THE PRODUCERS MAY, AT THEIR SOLE AND REASONABLE DISCRETION, DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND NETWORK MAY SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
An Administrative Party’s failure to enforce any provision in these T&Cs will not constitute a waiver of that or any other provision.
Except where prohibited, as a condition of participating in this ANTM Vote, each Participant agrees that any and all disputes that cannot be resolved between the Participant and any Administrative Party, claims and causes of action arising out of or connected with this ANTM Vote or any Experience-related consideration awarded shall be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will a Participant be permitted to obtain awards for and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than Participant’s actual out-of-pocket expenses (if any), not to exceed two hundred fifty dollars ($250), and Participant further waives all rights to have damages multiplied or increased.
All claims brought by a Participant must be brought in the courts of the state of California, and the ANTM Vote and any dispute arising under or related thereto (whether for breach of contract, tortious conduct or otherwise) shall be governed by the laws of the state of California applicable to agreements executed and fully performed within the state of California and without reference to its conflicts of law principles.