The "World Dog Awards Viewer Voting"
Terms and Conditions
All execution-specific times are Pacific time. The “World Dog Awards Viewer Voting” (the “WDA Vote”) begins on December 4, 2015, at 2:00:00 p.m. PT and ends on January 8, 2016, at 11:59:59 p.m. (the “Master Voting Period”) and is affiliated with The CW Network television show World Dog Awards (hereinafter referred to as the “Show”). 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 WDA 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 WDA 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 WDA 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”. Juma Entertainment, LLC is hereinafter referred to as “Producer”. 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 Show production-related entities, broadcast affiliates, or advertising and promotion agencies associated with the WDA 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 Administrative Parties, which are final and binding in all respects.
HOW TO PARTICIPATE:
Throughout the Master Voting Period, video clips and/or links of various award categories of WDA nominees will be revealed on www.cwtv.com/world-dog-awards during specific time periods (each hereinafter referred to as an “WDA Polling Period” or, collectively, as “WDA Polling Periods”), which will occur during or about the timeframes listed below:
WDA Polling Period #1
(between 2:00 p.m. PT on December 4, 2015 and 2:00 p.m. PT on December 11, 2015)
WDA Polling Period #2
(between 2:01 p.m. PT on December 11, 2015 and 2:00 p.m. on December 18, 2015)
WDA Polling Period #3
(between 2:01 p.m. PT on December 18, 2015 and 2:00 p.m. on December 25, 2015)
WDA Polling Period #4
(between 2:01 p.m. PT on December 25, 2015 and 11:59 p.m. on January 8, 2016)
During these specific Polling Periods, Participants may vote (a “Vote”) on which nominee in each WDA category Participants want to win at http://www.cwtv.com/world-dog-awards (hereinafter referred to as the “Website”).
Votes received during each respective Polling Period, may be used by the Network, Producer and/or Administrative Parties (at their complete discretion) to select a winner for a WDA category.
IMPORTANT: Votes received by the Administrative Parties may be posted (in whole or in part) online and/or in other forms of WDA 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 WDA Voting Promotion, on Administrative Party-related websites and any of Administrative Parties’ advertising and promotion materials and/or broadcasts in any form.
Votes received before and/or after the Master Voting Period may be void. The Network and/or the Producer, at their sole discretion, reserves the right to modify the number of Votes that may originate from a Participant at any time with or without notice.
Network and/or the Producer have the sole discretion to determine whether a vote qualifies as a qualifying Vote. Any Vote 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.
Participants that do not abide by these T&Cs, as determined by the Administrative Parties, at their sole discretion, may be disqualified. All Votes become property of the Network and the Producers and will not be returned or acknowledged. Votes 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 Vote will not be deemed proof of receipt of a Vote by the Network. For purposes of these T&Cs, a Vote is “received” online when The CW’s Website (or their designated representative’s) server(s) record the Vote upon Participant clicking the final “Submit” button (in any message or graphic-related representation). All Votes must be submitted legitimately.
VOTING SELECTION CRITERIA:
The Producers, at their sole discretion, will determine if and/or when a selected Participant’s Vote is utilized in selection of a winner, if at all.
SELECTED VOTING EXPERIENCE:
There is NO compensation of any kind as a result of participation in the WDA Vote. Any consideration conveyed, other than that specifically disclosed in these T&Cs, will be conveyed at the sole discretion of the Administrative Parties.
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 WDA 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 WDA 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 WDA 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 WDA 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.
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 Voting Promotion, and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction.
Damaged Property & Errors . 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 Voting Promotion or downloading materials from this Voting Promotion.
Voting Promotion. 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 Voting Promotion; (b) in any related advertising, marketing or promotions of the Voting Promotion; 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 Voting Promotion.
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 VOTING PROMOTION, INCLUDING WITHOUT LIMITATION PARTICIPANT’S ACCESS TO AND USE OF THE PROMOTION OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE PROMOTION. 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.
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 Votes, 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 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 Voting Promotion and/or prevent others from participating in the Voting Promotion. Any person who supplies false information, submits Votes 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 WDA 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 Voting Promotion, 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 Voting Promotion 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 Voting Promotion 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.