Terms & Conditions
Agreement Between User and Sycamore Productions, Inc.
The network of Web Sites (collectively, the "Sycamore Web Sites") operated by Sycamore Productions, Inc. or its affiliates or subsidiaries ("Sycamore"), is comprised of various Web sites and Web pages. The Sycamore Web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Sycamore Web Sites constitutes your agreement to all such terms, conditions, and notices. Your use of a particular Sycamore website included within the Sycamore Web Sites network may also be subject to additional terms outlined elsewhere on that website (the "Additional Terms"). Additionally, the Sycamore Web Sites may themselves contain additional terms that govern particular features or offers (for example, sweepstakes or chat areas). In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular Sycamore website, then these terms shall control.
PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEB SITE (this "Site"). By accessing or using this Site, you agree to these terms of use, conditions and all applicable laws. If you do not agree to these terms you may not use this Site.
People's Choice Awards ("PCA") Voting
1. How to Vote. Log onto www.pcavote.com (the "Web Site"), and follow the directions to vote for your favorite nominees from the categories listed in section 2 below. The voting categories, start dates/times and end dates/times will be as listed in section 2 below. All votes are subject to the voting conditions set forth in section 3 below.
2. Voting Categories, Start Dates/Times and End Dates/Times. Below are the start dates/times and end dates/times for each of the voting categories:
| CATEGORY | VOTING START DATE/TIME | VOTING END DATE/TIME |
|---|---|---|
| Favorite Female Movie Star | 11/08/07 9:30PM EST | 12/5/07 11:59PM EST |
| Favorite Male Movie Star | 11/08/07 9:30PM EST | 12/5/07 11:59PM EST |
| Favorite Leading Lady | 11/08/07 9:30PM EST | 12/5/07 11:59PM EST |
| Favorite Leading Man | 11/08/07 9:30PM EST | 12/5/07 11:59PM EST |
| Favorite Female Action Star | 11/08/07 9:30PM EST | 12/5/07 11:59PM EST |
| Favorite Male Action Star | 11/08/07 9:30PM EST | 12/5/07 11:59PM EST |
| Favorite On Screen Match Up | 11/08/07 9:30PM EST | 12/5/07 11:59PM EST |
| Favorite Movie | 11/08/07 9:30PM EST | 12/5/07 11:59PM EST |
| Favorite Movie Drama | 11/08/07 9:30PM EST | 12/5/07 11:59PM EST |
| Favorite Movie Action | 11/08/07 9:30PM EST | 12/5/07 11:59PM EST |
| Favorite Movie Comedy | 11/08/07 9:30PM EST | 12/5/07 11:59PM EST |
| Favorite Family Movie | 11/08/07 9:30PM EST | 12/5/07 11:59PM EST |
| Favorite Threequel | 11/08/07 9:30PM EST | 12/5/07 11:59PM EST |
| Favorite Independent Movie | 11/08/07 9:30PM EST | 12/5/07 11:59PM EST |
| Favorite TV Drama | 11/08/07 9:30PM EST | 12/5/07 11:59PM EST |
| Favorite TV Comedy | 11/08/07 9:30PM EST | 12/5/07 11:59PM EST |
| Favorite Animated Comedy | 11/08/07 9:30PM EST | 12/5/07 11:59PM EST |
| Favorite Reality Show | 11/08/07 9:30PM EST | 12/5/07 11:59PM EST |
| Favorite Female TV Star | 11/08/07 9:30PM EST | 12/5/07 11:59PM EST |
| Favorite Male TV Star | 11/08/07 9:30PM EST | 12/5/07 11:59PM EST |
| Favorite Game Show | 11/08/07 9:30PM EST | 12/5/07 11:59PM EST |
| Favorite Talk Show Host | 11/08/07 9:30PM EST | 12/5/07 11:59PM EST |
| Favorite Sci-fi Show | 11/08/07 9:30PM EST | 12/5/07 11:59PM EST |
| Favorite Scene Stealer | 11/08/07 9:30PM EST | 12/5/07 11:59PM EST |
| Favorite Female Singer | 11/08/07 9:30PM EST | 12/5/07 11:59PM EST |
| Favorite Male Singer | 11/08/07 9:30PM EST | 12/5/07 11:59PM EST |
| Favorite Group | 11/08/07 9:30PM EST | 12/5/07 11:59PM EST |
| Favorite Rock Song | 11/08/07 9:30PM EST | 12/5/07 11:59PM EST |
| Favorite R&B Song | 11/08/07 9:30PM EST | 12/5/07 11:59PM EST |
| Favorite Country Song | 11/08/07 9:30PM EST | 12/5/07 11:59PM EST |
| Favorite Hip-Hop Song | 11/08/07 9:30PM EST | 12/5/07 11:59PM EST |
| Favorite Pop Song | 11/08/07 9:30PM EST | 12/5/07 11:59PM EST |
| Favorite Song from a Soundtrack | 11/08/07 9:30PM EST | 12/5/07 11:59PM EST |
| Favorite Reunion Tour | 11/08/07 9:30PM EST | 12/5/07 11:59PM EST |
| Favorite Funny Female | 11/08/07 9:30PM EST | 12/5/07 11:59PM EST |
| Favorite Funny Male | 11/08/07 9:30PM EST | 12/5/07 11:59PM EST |
| Crest & Scope's Spotlight Shining Smile | 11/08/07 9:30PM EST | 11/30/07 11:59PM EST |
| Favorite New TV Drama | 11/08/07 9:30PM EST | 1/8/08 10:00PM EST |
| Favorite New TV Comedy | 11/08/07 9:30PM EST | 1/8/08 10:00PM EST |
| Favorite User-generated Video | 12/06/07 9:00AM EST | 1/8/08 10:00PM EST |
3. Voting Conditions. Voters are permitted one vote in each category per day/in any 24-hour period. All voting will be subject to verification and certification by an independent third party auditor. No automatic, programmed, robotic or similar means of voting are permitted. Participants who do not comply with these Terms and Conditions, or who attempt to interfere with the voting process or the operation of the Web Site in any way will be disqualified and their votes will not be counted. PCA reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend voting should any virus, bug, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the voting process. All decisions regarding the voting process shall be final and shall not be subject to challenge or appeal.
PCA, its affiliates, partners and promotion and advertising agencies are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, Web Site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of voting information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one's ability to vote, including any injury or damage to participant's or any other person's computer relating to or resulting from participating in the voting or downloading any materials. PCA is not responsible for lost, late, illegible, incomplete, invalid, unintelligible, technically corrupted or misdirected votes, which will be disqualified. PCA shall use commercially reasonable efforts to ensure the security and accuracy of all votes and the voting process (provided, however, that you acknowledge and agree that such methodologies are not infallible, and that PCA makes no guarantee as to their effectiveness).
CAUTION: ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE VOTING PROCESS MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, PCA RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
4. Use of Data. All votes and/or voting data become the sole property of PCA and will not be acknowledged or returned. For those participants who elect to submitted an email address to the Web Site, CBS shall have the right to collect, store and use all email addresses submitted hereunder in accordance with CBS' privacy policy. Please review CBS' privacy policy at http://www.cbs.com/info/user_services/pol_privacy.shtml By submitting an email address, participants hereby agree to CBS' collection and usage of their personal information and acknowledge that they have read and accepted CBS' privacy policy.
5. People's Choice Awards. Potential nominees for THE 34th ANNUAL PEOPLE'S CHOICE AWARDS were compiled with the help of Knowledge Networks, a leading market research company, and the People's Choice community. Knowledge Networks used its panel (the only web-based market research panel representative of the entire U.S. population) to identify a sample of men and women ages 18-54. People's Choice used its community members who have registered on the site for the surveys. For each category, respondents were provided with a set of candidates determined by national ratings averages, box-office grosses, and album sales. The respondents then chose their favorites in either Television and Movies or Music. They also had the option to write in their favorites where not included among the provided candidates. Their top three selections in each category became the final nominees.
If you have any questions regarding the People's Choice Awards or the voting process, please email info@pcavote.com.
Copyright ©2004 People's Choice Awards. All rights reserved.
Abbreviated Terms & Conditions
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO VOTE Start and end dates for voting vay by category. All decisions regarding the voting pocess shall be final and shall not be subject ot challenge or appeal. Log onto www.pcavote.com for voting start and end dates and complete terms and conditions.
Modifications of these Terms of Use
Sycamore reserves the right to change the terms, conditions, and notices under which the Sycamore Web Sites are offered, including but not limited to the charges associated with the use of the Sycamore Web Sites. You are responsible for regularly reviewing these terms and conditions.
Use of Site. Personal and Non-Commercial Use Limitation
Unless otherwise specified, the Sycamore Web Sites are for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Sycamore Web Sites.
You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Site solely for your own noncommercial use, or to place an order with Sycamore or to purchase Sycamore products. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of Sycamore is strictly prohibited.
Harassment in any manner or form on the Site or any of the Sycamore Websites, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Sycamore employee, host, or representative or other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.
Copyrights and Trademarks
The entire content included in this Site, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of Sycamore. The collective work includes works that are licensed to Sycamore. Copyright 2007. ALL RIGHTS RESERVED. All trademarks, service marks, and trade names (collectively the "Marks") are trademarks or registered trademarks of and are proprietary to Sycamore, or other respective owners that have granted Sycamore the right and license to use such Marks.
Notices and Procedures for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the website's designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
Sycamore respects the intellectual property of others, and we ask our users and visitors to do the same. Sycamore will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Sycamore will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Sycamore the following information. Please be advised that to be effective, the Notification must include ALL of the following:
- a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site;
- your address, telephone number, and email address and all other information reasonably sufficient to permit Sycamore to contact you;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to:
- By mail:
- MediaVest Worldwide, Inc..
- Director of Business Affairs
- 1675 Broadway
- New York, NY 10019
- By fax:
- By Email:
- info@pcavote.com
IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING SYCAMORE THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Typographical Errors
In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Sycamore shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. Sycamore shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Sycamore shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the Site and/or completing the registration or shopping process. These terms and conditions, or any of them, may be modified or terminated by Sycamore without notice at any time for any reason. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination.
User Participation
Sycamore does not and cannot review all communications and materials posted to orcreated by users accessing the Site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the Site, Sycamore is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, Sycamore reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to Sycamore at its sole discretion. Note that any personally identifiable information you may post or transmit will be treated by Sycamore in accordance with Sycamore's Privacy Policy.
User Submissions
Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any material, information or other communication you transmit, upload or post to this Site ("Communications")will be considered non-confidential and non-proprietary. Sycamore will have no obligations with respect to the Communications. Sycamore and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.
User Chat Rooms
Sycamore may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. Sycamore, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.
Third-Party Links
In an attempt to provide increased value to our visitors, this Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the "External Sites"). However, even if the third party is affiliated with Sycamore, Sycamore has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Sycamore. Sycamore has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that Sycamore sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. Nonetheless, Sycamore seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work).You should contact the Site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
Disclaimer
Sycamore makes no warranties or representations about the accuracy or completeness of this Site's content or the content of any site or External Sites.
Sycamore does not filter advertisements or other content that children may view through our sites or "hot-linked" sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using an electronic filtering software.
THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SYCAMORE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. P&G DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SYCAMORE DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL SYCAMORE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF SYCAMORE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indeminification
You agree to indemnify, defend, and hold harmless Sycamore, its officers, directors, employees, agents, licensors and suppliers (collectively the "Provider") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the Site using your Internet account.
Applicable Laws
Your use of this Site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of any products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the Site (including but not limited to the purchase of any products) must be commenced within one (1) year after the claim or cause of action arises. Sycamore's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Sycamore may assign its rights and duties under this Agreement to any party at any time without notice to you. Sycamore makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from locations outside California do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations. Any claim relating to the materials shall be governed by the internal substantive laws of the State of California.
Arbitration
By using this Site, you agree that Sycamore, at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.
General
Sycamore may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.
Our Address
Please note that Sycamore Productions, Inc. does business only in the State of California.
Last updated: August 21, 2007
Copyright 2007 Sycamore Productions, Inc. All rights reserved