Your participation in The Steve Wilkos Show SMS program (the "Program") is subject to the following terms and conditions (the "Terms") and any other such rules and procedures as The Steve Wilkos Show (the "Show") may from time to time designate.
In order to participate, you must:
Message and data rates may apply. A wireless service provider may charge for each text message that is sent and received. Before participating, please make sure you do the following:
Your Submission should be original and not infringe on any third party rights, including without limitation, copyright, trademark, or patent, or create claims for idea misappropriation or breach of contract. You must have the permission of any person who appears in your Submission or who you identify or otherwise refer to in your Submission. By submitting your Submission, you agree that your Submission may be broadcast on-air, on the Show's website located at http://www.stevewilkos.com/ (the "Website") and in advertising for the Show on-air and off-air and on the Website (together, the "Materials"), and you grant the Show, its licensees, successors and assigns the non-exclusive, royalty-free, and irrevocable rights to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit your Submission and to incorporate your Submission in the Materials and any other works in any and all markets and media now known or hereafter devised, throughout the world in perpetuity, without additional notification, permission, approval, or compensation.
You understand that although you may believe your Submission to be unique and novel, there may be pre-existing ideas, concepts, or proposals that are similar to your Submission. By submitting your Submission, you recognize that other persons, including The Steve Wilkos Show's own employees, may have submitted to The Steve Wilkos Show or others, or made public, or may in the future originate and submit or make public, similar or identical ideas, concepts, or proposals that The Steve Wilkos Show may have the right to use, and you understand that you will not be entitled to any compensation because of The Steve Wilkos Show's use of such similar or identical ideas, concepts, or proposals in any manner. You understand and agree that The Steve Wilkos Show's use of material containing features or elements similar or identical to those contained in your Submission will not obligate The Steve Wilkos Show to negotiate with you or entitle you to any compensation if The Steve Wilkos Show determines that it has an independent legal right to use that other material for any reason (for example, because the features or elements are not new or novel, were not originated by you, or were or may hereafter be independently created and submitted by other persons, including your employees).
Nothing in the Terms obligates The Steve Wilkos Show to exercise any of the rights granted by you. Your Submission may not be identifiable, and you agree that The Steve Wilkos Show has the right to make any changes to your Submission as it determines in its sole discretion.
You acknowledge and agree that you are sending your Submission voluntarily and not in confidence and that no confidential relationship is intended or created between The Steve Wilkos Show and/or any other person or entity, on the one hand, and you, on the other hand.
You understand that there will be no payment for your Submission or the use of your Submission. You understand that if your Submission is selected for use, such use will not be considered an employment opportunity or a performance opportunity.
The program is offered on an "as is" basis and:
The Steve Wilkos Show and/or Telescope, Inc., their respective parents, subsidiaries and affiliated entities and any persons employed by any of the foregoing (the "Administrators"), are not responsible and shall not be liable for any losses/injuries or any kind resulting from lost, incomplete, late, damaged or misdirected Submissions; inability to access the Program; difficulties, failures or malfunctions of computers and/or Internet connections or wireless services or other communications malfunctions; interrupted or unavailable network, server; failed computer hardware or software or other technical failures; garbled, lost, misrouted or scrambled transmissions; any error, omission, interruption, defect or delay in any transmission or communication; traffic congestion or for any technical problem which may cause the system to be disrupted or corrupted; computer on-line systems, human error; any damage to entrants or any third person's computer and/or wireless device, and/or its contents related to or resulting from this promotion; any Submissions that are not in compliance with these Terms (such Submissions to be deemed disqualified), nor any other loss directly or indirectly caused by participation in this Program or related Submissions.
Any attempt to deliberately damage, destroy, tamper or vandalize the website or interfere with the program is a violation of criminal and civil laws. Administrators may, in their sole discretion, cancel, suspend or modify the Program, the Terms, or any participation, at any time.
To the extent that the Website's Terms and Conditions of Use, located at http://www.stevewilkos.com/popups/terms, and Terms of Submission located at http://www.stevewilkos.com/popups/submissions (together, the "Website Terms"), are not in conflict with these Terms, the Website Terms apply. These Terms shall be subject to and governed by the laws of the State of New York, excluding its conflicts of law rules. You agree to ARBITRATE ANY DISPUTES WITH THE ADMINISTRATORS and to WAIVE JURY TRIAL and CLASS ACTIONS as more fully set forth in the Website Terms.