Terms & Conditions
1. ACCEPTANCE OF TERMS
Westwood One, Inc. (“Westwood One,” “we,” “us,” or “our”) welcomes you. We’re excited that you have decided to access and use www.westwoodone.com site and other websites and applications owned or operated by Westwood One or its affiliates and partners where these Terms and Conditions are posted (collectively, the “Sites”).
Westwood One provides you access to the various services and content available through the Sites (collectively, the “Services”) subject to the following Terms and Conditions of Use, which may be updated by us from time to time without notice to you. By accessing and using the Sites, you acknowledge that you have read, understood and agree to be legally bound by the terms and conditions of these Terms and Conditions of Use and the terms and conditions of Westwood One’s Privacy Policy, which are hereby incorporated by reference (collectively, this “Agreement.”). If you do not agree to any of these terms, then please do not access or use the Sites.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
2. COMMUNITY GUIDELINES
Our community, like any community, functions best when its people follow a few simple rules. By accessing and/or using the Sites, you hereby agree to comply with these community rules and that:
You will conduct yourself in a mature manner that lends itself to civil discourse;
You will not use the Sites for any unlawful purpose or to engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service, or company; or engaging in any pyramid or other multi-tiered marketing scheme;
You will not upload, post, e-mail, transmit, or otherwise make available any content that: infringes any copyright, trademark, or other proprietary rights of any person or entity; or is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, invasive of another’s privacy, or promotes violence; or discloses any personal information about another person, including that person’s name, e-mail address, postal address, phone number, credit card information, or any similar information;
You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
You will not “stalk” or otherwise harass another; and
You will not interfere with or attempt to interrupt the proper operation of the Sites through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Sites through hacking, password mining, or any other means.
Please be aware that the majority of the content found on or through the Sites is for general audiences, but there may be certain adult or mature content. Accordingly, individuals who are less than 13 years of age should not use the Sites. If you do use the Sites, you represent and warrant that you are at least 13 years of age. If you are 13 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.
We reserve the right, in our sole and absolute discretion, to deny you access to the Sites, or any portion of the Sites, without notice.
3. SIGN-IN NAME; PASSWORD; UNIQUE IDENTIFIERS
During the registration process for the Sites, we will ask you to create an account, which includes a unique username (“Username”), password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each Username and corresponding Password can be used by only one registered user. You are solely responsible for the confidentiality and use of your Username, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Sites using one or more of them. You agree to (a) immediately notify Westwood One of any unauthorized use of your Password, Username, and/or Unique Identifiers, and (b) ensure that you exit from your account at the end of each session. Westwood One reserves the right to delete or change your Password, Username, or Unique Identifier at any time and for any reason. Westwood One will not be liable for any loss or damage caused by any unauthorized use of your account.
4. FEES, PAYMENTS, AND AUTOMATIC RENEWALS
Some of our Services may be free of charge. However, charges do apply if you sign up for any of our various subscription plans (“ Subscriptions”) described on the Sites. In such a case, you hereby agree that our third-party payment processors may immediately authorize your credit card (or other approved facility) for payment for any Subscriptions ordered under your Password on or through the Sites.
As set forth more fully in Section 3 above, you must keep your password strictly confidential. You are fully responsible for all activities that occur under your Password, and you agree to be personally liable for all charges incurred under your Password. Your liability for such charges shall continue after termination of this Agreement.
If you have a question about a Subscription on your credit card statement, please use the “Contact Us” section of the Site to contact customer service. In connection with any Subscription, all sales are final, and we do not accept returns or exchanges. Subject to Section 11, all payments made to us are non-refundable.
IT IS IMPORTANT TO NOTE THAT WHEN YOU SIGN UP FOR A SUBSCRIPTION (MONTHLY, QUARTERLY, ANNUALLY, OR OTHERWISE), YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW UNTIL YOU CANCEL IT.YOU MAY CANCEL AT ANY TIME BY FOLLOWING THE INSTRUCTIONS ON THE SITES, AND THE CANCELLATION WILL TAKE EFFECT AT THE EXPIRATION OF THE THEN-CURRENT TERM.AT THE END OF SUCH TERM, WE WILL SEND YOU A REMINDER E-MAIL ABOUT THE SUBSCRIPTION’S AUTOMATIC RENEWAL.AGAIN, IF YOU DO NOT CANCEL, THEN YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW UNDER THE SAME SUBSCRIPTION.
We may modify the fees at any time by posting such modification on the Sites, and any such modification shall go into effect thirty (30) days after it is so posted.
The Services may require data access, and the provider of such data access (e.g., network operator, wireless carrier, etc.) for the device through which you access the Services may charge you data access and other fees in connection with your use of the Sites and Services, including, without limitation, wireless carrier messaging and other communication, messaging, and data fees and charges, as applicable.You shall be responsible, at your sole cost and expense, for obtaining and paying for wireless access, and under no circumstances will Westwood One be responsible for any such data access fees or charges in connection with your use of the Sites or Services.
5. INTELLECTUAL PROPERTY
The Sites and all of their content including, but not limited to, audio streams, articles, other text, photographs, illustrations, graphics, product names, designs, logos, video material, and audio clips (collectively, “the Site Materials”) are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries, and are owned by and/or licensed to Westwood One. The compilation (i.e., the collection, arrangement, and assembly) of all content on the Sites is the exclusive property of Westwood One and is protected by U.S. and international copyright laws. All software used on the Sites is the property of or is licensed to Westwood One and is protected by U.S. and international copyright laws.
Any copying, reproducing, republishing, uploading, posting (other than as contemplated in Section 6), modifying, or transmission or distribution of any Site Materials, in whole or in part, is strictly prohibited and will be considered a violation of Westwood One’s intellectual property rights and could result in legal liability and/or criminal sanction.
The trademarks, logos, and service marks displayed on the Sites (collectively, the “Trademarks”) are the trademarks of Westwood One and other parties. Nothing contained in the Sites should be construed as granting by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Sites without the written permission of Westwood One or the third party that owns the Trademarks specific for each such use. Your use of the Trademarks displayed on the Sites, or any other content on the Sites, except as provided in this Agreement, is strictly prohibited. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Trademarks inures to the Trademark owner’s benefit, whether Westwood One or a third party.
Elements of the Sites are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Site Materials may be retransmitted without our express, written consent for each and every instance.
6. USER SUBMISSIONS
Any messages, suggestions, materials, photos, works of art or authorship, ideas, or concepts that are submitted through the Sites by you (“Submitted Materials”) shall become, and remain, the property of Westwood One. You agree that any Submitted Materials, in whole or in part, may be used by Westwood One, its affiliates, licensees, and assigns for any purpose, including modification, reproduction, transmission, publication, advertising, press, publicity, broadcast, and posting in any media now known or hereafter devised. You additionally agree that Westwood One, its affiliates, licensees, and assigns are free to use any ideas, concepts, techniques, or know-how contained in any Submitted Materials you send to or post on or via the Sites for any purpose whatsoever, including, but not limited to, developing, manufacturing, marketing, and selling products and services based upon such information without any obligation to compensate you or anyone else for them. By submitting such Submitted Materials, you are assigning and transferring any and all right, title, and interest in Submitted Materials to Westwood One, including any moral rights. We shall have the right, in our sole and absolute discretion, to edit or remove any Submitted Materials, in whole or in part, which we believe violates any provision of this Agreement or for any other reason whatsoever.
Do not post your or any other person’s personal information in any message boards or other part of the Sites accessible to users, including your or their telephone number, credit card information, or home, business, or email address.Any posting of such personal information is expressly at your own risk.
7. NO WARRANTIES/LIMITATION OF LIABILITY
The Site Materials provided on the Sites are for informational and/or entertainment purposes only.Westwood One makes no warranties regarding the quality, reliability, truthfulness, accuracy, completeness, or non-infringement of any Site Materials.Unless otherwise stated expressly, any opinion, view, or idea expressed or implied in any Site Materials or any content contributed or published by visitors to or on the Sites or otherwise disseminated or sent to Westwood One or others on or via the Sites (“Visitor Content”) is the author’s own, and does not necessarily reflect the views of, Westwood One, its affiliates, or any of their respective employees, officers, directors, stockholders, agents, consultants, assignees, affiliates, partners, contractors, professional advisors, advertisers, content providers, and any and all other individuals and organizations providing services on behalf of Westwood One (collectively, the “Westwood One Parties”).You acknowledge and agree that the bloggers and other contributors that Westwood One permits to post content to the Sites are not agents of Westwood One and that Westwood One does not sufficiently edit or control statements that they make.
YOU ACKNOWLEDGE THAT THE SITES MAY CONTAIN BUGS, ERRORS, AND OTHER PROBLEMS THAT COULD CAUSE SYSTEM FAILURES.CONSEQUENTLY, THE SITES AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE SITES OR THE SERVICES WILL OPERATE ERROR-FREE OR THAT THE SITES, THEIR SERVERS, OR THE SERVICES ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE AND OUR LICENSORS SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SITES OR THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SITES OR THE SERVICES SHALL BE LIMITED TO THE GREATER OF ANY FEES YOU HAVE PAID TO US DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT OR EVENTS GIVING RISE TO ANY CLAIM OR FIFTY UNITED STATES DOLLARS ($US50).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
THE AVAILABILITY OF THE SERVICES MAY CHANGE FROM TIME TO TIME AND FROM COUNTRY TO COUNTRY.THE QUALITY OF ANY STREAMING CONTENT MAY VARY FROM DEVICE TO DEVICE AND MAY BE AFFECTED BY A VARIETY OF FACTORS, SUCH AS YOUR LOCATION AND THE BANDWIDTH AVAILABLE THROUGH AND/OR SPEED OF YOUR INTERNET CONNECTION.PLEASE CHECK WITH YOUR INTERNET PROVIDER AND/OR WIRELESS CARRIER FOR INFORMATION ON POSSIBLE DATA USAGE CHARGES.YOU ARE SOLELY RESPONSIBLE FOR PROCURING AN INTERNET AND/OR WIRELESS CONNECTION AND FOR ALL CHARGES YOU INCUR IN CONNECTION THEREWITH.WESTWOOD ONE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY OF YOUR LISTENING EXPERIENCE ON YOUR DEVICE.
THE SITES MAY CONTAIN INFORMATION ON CERTAIN SERVICES NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION.A REFERENCE TO A PARTICULAR SERVICE OR PIECE OF CONTENT ON THE SITES DOES NOT IMPLY THAT SUCH SERVICE OR CONTENT IS OR WILL BE AVAILABLE IN YOUR LOCATION.WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE SITES AND/OR ADD OR REMOVE SERVICES OR CONTENT AT ANY TIME WITHOUT NOTICE.
8. EXTERNAL SITES
The Sites may contain links to third-party websites and such third-party websites may be accessible through the Sites (collectively, the “External Sites”). These links and such accessibility are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
9. REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION
(a)You hereby represent, warrant, and covenant that:
•You own or have the necessary licenses, rights, consents, and permissions to all trademark, trade secret, copyright, or other proprietary, privacy, and publicity rights in and to your Submitted Materials and any other works that you incorporate into your Submitted Materials, and all the rights necessary to grant the licenses and permissions you grant hereunder;
•Use of your Submitted Materials in the manners contemplated in this Agreement shall not violate or misappropriate the intellectual property, privacy, publicity, contractual, or other rights of any third party; and
•You shall not submit to the Sites any Submitted Materials that violates our community guidelines set forth in Section 2 above or any other term of this Agreement.
(b)You agree to indemnify and hold the Westwood One Parties harmless from all claims, liabilities, losses, damages, and expenses (including attorneys’ fees and expenses) arising out of or relating to (a) your breach of this Agreement; (b) your misuse of the Sites or Services; or (c) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
10. DIGITAL MILLENNIUM COPYRIGHT ACT
Westwood One respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any content, including user content, deemed to have been posted or distributed in violation of any such laws. Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:
Westwood One, Inc., 220 West 42nd Street, New York, NY 10036 Attn: General Counsel. Email: legal@westwoodone.com.
If you believe that your work has been copied on the Sites in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Sites where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) 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; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
11. TERMINATION
We reserve the right, in our sole discretion, to restrict, suspend, or terminate the Agreement and your access to all or any part of the Sites or the Services, at any time and for any reason without prior notice or liability.We also reserve the right to change, suspend, or discontinue all or any part of the Sites or the Services at any time without prior notice or liability.If we terminate the Agreement or discontinue the Services without cause, we shall provide you a pro-rata refund of any pre-paid, but unused, fees you have paid us in connection with any Subscription.
12. COMPLIANCE WITH APPLICABLE LAWS
The Sites are based in the United States. We make no claims concerning whether the content of the Sites may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Sites or the content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. The Sites may contain references to products or services not available in all countries. Westwood One does not market all of its products or services in all countries. Software from any part of the Sites may be subject to U.S. and Canadian export controls.
13. CONTROLLING LAW
The Agreement and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions.
14. BINDING ARBITRATION
In the event of a dispute arising under or relating to the Agreement, the Sites, or the Services (each, a “ Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“ FAA”).Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION.ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION.All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA.The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules.Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside.The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration.As set forth in Section 16 below, nothing in this Agreement will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.
15. CLASS ACTION WAIVER
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
16. EQUITABLE RELIEF
You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of New York for purposes of any such action by us.
17. MISCELLANEOUS
This Agreement constitutes the entire agreement between you and Westwood One, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. Any modifications to this Agreement must be set forth in writing and acknowledged by an authorized representative of Westwood One. Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.
Sections 5, 6, 7, 8, 9, and 11 through 17 of this Agreement shall survive any termination or expiration of this Agreement or use of the Sites. The section headings in this Agreement are for convenience only and must not be given any legal import. This Agreement may be assigned by Westwood One at any time. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The Sites are owned and operated by Westwood One, Inc., 220 West 42nd Street, New York, NY 10036.For further information about Westwood One, Inc. or the Site, please visit the ” Contact Us” section of the Sites. You may have this same information sent to you by e-mail by sending a letter to Westwood One, Inc., 220 West 42nd Street, New York, NY 10036, Attn: Legal with your e-mail address and a request for this information.
Thank you for visiting our site! Your privacy is important to us. To better protect your privacy, we provide this Privacy Policy to explain our online information practices and the choices you can make about the way your information is collected and used at the www.westwoodone.com site and other websites owned or operated by Westwood One or its affiliates and partners where this Privacy Policy is posted (collectively, the “Sites”).This Privacy Policy applies only to the Sites, and covers information collected on, through, or in connection with your use of the Sites.
We reserve the right to modify the terms and conditions of this Privacy Policy and to change any feature of the Sites, including the removal of any feature, in our sole discretion at any time. Modifications to this Privacy Policy may be communicated to you via email, at the most recent email address you provide to us, or by posting the revised Privacy Policy on the Sites. Any modifications to this Privacy Policy will supersede the prior provisions for all activity occurring at the Sites after the revised version has been posted in the manner described above. Your use of the Sites constitutes your agreement to the terms of this Privacy Policy and the accompanying Terms and Conditions of Use; and your continued use of the Sites after a revised version of this policy is made available constitutes your agreement to the revision. Capitalized terms not defined in this Privacy Policy shall have the meaning set forth in our Terms and Conditions of Use.
Information We Collect
1. Personal Information. You may be able to enter contests, order products, vote in a poll or otherwise express your opinion, subscribe to our services, become a member of our online communities, or request promotional items on and through our Sites. We may collect certain personally identifiable information from you on these pages, including your name, address, date of birth, email address, and telephone number (collectively, “Personal Information”).We do not collect any Personal Information from you when you visit the Sites unless you provide us with the Personal Information voluntarily.
2. Billing Information. In order to process any Subscriptions, you must provide certain billing information, such as PayPal number, credit card number, expiration date, bank account information, billing address, activation code, and similar information (collectively, the “Billing Information”).Such Billing Information will be collected and processed by our third-party payment vendors pursuant to the terms and conditions of their privacy policies and terms of use, and we do not obtain access to any Billing Information in connection with such Subscriptions.
3. Other Information and Cookies. In addition to the Personal Information and Billing Information noted above that you voluntarily provide to us, we may collect additional information (collectively, the “Other Information”).Such Other Information may include (i) information that we automatically collect when you visit the Sites, such as your IP addresses, Internet service provider, browser type and language, referring and exit pages and URLs, date and time, amount of time spent on particular pages, what sections of the Sites you visit, number of links you click while in the Sites, and similar information concerning your use of the Sites; and (ii) additional information that you voluntarily provide to us regarding your use and interest in our programs, offers, products, and services.
Other Information also includes information that we collect using “cookie” technology. Cookies are bits of information that a website transfers to an individual’s hard drive for record keeping purposes. Cookies can enhance your online experience by automatically saving your preferences. We use cookies because they help us to provide to you a better online experience. The information we collect through the use of cookies allows Westwood One to determine when and for how long you logged on to the Sites, so that we can try to understand how to better serve your needs.
If you do not want Westwood One to deploy cookies in your browser, you can opt out by setting your browser to reject cookies or to notify you when a website tries to put a cookie in your browser software. If you choose to disable cookies in your browser, you can still use the Sites and the Services, although your ability to use some of the features may be affected.
4. Third-Party Analytics
We and the third-party technology providers, ad exchanges, ad networks, advertisers, agencies, ad exchanges, and ad servers with which we work use third-party analytics services (such as Google Analytics) to evaluate your use of the Sites and the Services, compile reports on activity, collect demographic data, analyze performance metrics, and collect and evaluate other information relating to the Sites and the Services and mobile and Internet usage. These third parties use cookies and other technologies to help analyze and provide us the data. You consent to the processing of data about you by these analytics providers in the manner and for the purposes set out in this Privacy Policy.
For more information on these third parties, including how to opt out from certain data collection, please visit the sites below. Please be advised that if you opt out of any service, you may not be able to use the full functionality of the Sites or the Services.
For Google Analytics, please visit https://www.google.com/analytics.
Third-Party Online Advertising
Some of the advertisements on the Sites are delivered by third parties. These third parties include advertisers, advertising agencies, and ad networks. Please be aware that when you view or interact with one of their advertisements, such third parties may collect information through cookies, pixel tags (also called web beacons or clear gifs), and other technologies about your online activities, either on our Sites or across the Internet, in an effort to understand your interests and deliver advertisements tailored to those interests. Pixel tags enable us and these third-party advertisers to recognize a browser’s cookie when a browser visits the site on which the pixel tag is located in order to learn which advertisement brings a user to a given site.
Accessing and Modifying Information
If you have provided us Personal Information, you may access, review, and make changes to such Information by sending anemail to our support attendants at the “Contact Us ” section of the Site or by following the directions set forth on the Site.In addition, you may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any Westwood One marketing email. Registered users cannot opt out of receiving transactional e-mails related to their account. We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our subscription databases.
How We Use and Share the Information
We use the Personal Information and the Other Information (collectively, the “Information) to provide the products and services you have requested, to notify you if you have won a contest, to respond to your inquiries, to solicit your feedback, to inform you about our products and services and those of our third-party marketing partners, and to tailor messaging to you. Also, we may use and/or share Information as described below.
How We Protect Your Information
We take commercially reasonable steps to protect the Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases or the databases of the third parties with which we may share such Information, nor can we guarantee that the Information you supply will not be intercepted while being transmitted over the Internet. In particular, e-mail sent to us may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.
Important Notice to Non-U.S. Residents
The Sites are operated in the United States. Please be aware that your Information, including your Personal Information, may be transferred to, processed, maintained, and used on computers, servers, and systems located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to use the Sites, you hereby irrevocably and unconditionally consent to such transfer, processing, and use in the United States and elsewhere.
California Residents
Under California Civil Code Section 1798.83, California residents who have an established business relationship with Westwood One may choose to opt out of our sharing your Personal Information with third parties for direct marketing purposes.If you are a California resident and you have already granted us this permission and (1) you now wish to opt out; or (2) you wish to request certain information regarding our disclosure of your Personal Information to third parties for the direct marketing purposes, please contact us as described below.
In addition, Westwood One does not monitor, recognize, or honor any opt-out or do not track mechanisms, including general web browser “Do Not Track” settings and/or signals.
A Special Note about Children
The Site are not directed to children under the age of 13.Westwood One adheres to the Children’s Online Privacy Protection Act (“COPPA”) and will not knowingly register or otherwise collect Personal Information from any child under the age of 13.We ask that minors (under the age of 13) not submit any Personal Information to Westwood One.If you are under the age of 13, you may use the Sites only with the consent of your parent or guardian.
If a child under the age of 13 has provided us with Personal Information, a parent or guardian of that child may contact us, by visiting the “Contact Us” section of this Site, and request that such information be deleted from our records.
External Websites
The Sites may contain links to third-party websites. Westwood One has no control over the privacy practices or the content of any of our business partners, advertisers, sponsors, or other websites to which we provide links. As such, we are not responsible for the content or the privacy policies of those third-party websites. You should check the applicable third-party privacy policy and terms of use when visiting any other websites.
How to Contact Us
If you have questions about this Privacy Policy or its implementation, please send us an e-mail as directed on the “Contact Us” page of the Site.
The Sites are owned and operated by Westwood One, Inc., 220 W. 42nd Street, 3rd Floor, New York, NY 10036. For further information about Westwood One, Inc. or the Site, please visit the “Contact Us ” section of the Sites. You may have this same information sent to you by e-mail by sending a letter to Westwood One, Inc., 220 W. 42nd Street, 3rd Floor, New York, NY 10036, Attn: Legal Department with your e-mail address and a request for this information.
MAKEOVER FOR MOM SWEEPSTAKES
http://digitalivy.com/7LVODP
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN.
A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
1. HOW TO ENTER: Beginning at 12:00:01 am Eastern time (“ET”) on Monday, April 27, 2015 and ending at 11:59:59 pm ET on Friday, May 8, 2015 (the “Sweepstakes Period”) you can enter the MAKEOVER FOR MOM SWEEPSTAKES (the “Sweepstakes”) by visiting http://digitalivy.com/7LVODP and following the links and instructions including filling in all requested fields on the entry form including a valid email address. The Sweepstakes is sponsored by Ulta Beauty,1000 Remington Boulevard, Suite 120, Bolingbrook, Illinois 60440 (“Sponsor”) and administered by Westwood One, Inc., 220 West 42nd Street, New York, NY 10036 (“Administrator” or “WWO” and with Sponsor, collectively, the “Parties”). The Sweepstakes is subject to these official rules. By participating, entrants agree to be bound by these official rules and the decisions of the Parties, which shall be final and binding in all respects. To enter the Sweepstakes, follow the instructions on LINK TBD(the “Website”) during the Sweepstakes Period for a chance to win an Ulta gift card as described in more detail in Section 5 below.No responsibility is assumed by the Parties for any technical malfunctions that may occur. Any method of entry other than the foregoing is void and will not be honored.Only one (1) entry per physical address, e-mail address, cell phone number, or person is allowed.If multiple Internet or text message entries are received from the same physical address, e-mail address, cell phone number, or person, only the first entry received from that physical address, e-mail address, cell phone number, or person will be accepted.No mechanically or electronically reproduced entries are allowed. The use of automatic devices for entry is not valid and may result in disqualification. You must complete and submit all required information to be eligible to enter to win. The Parties are not responsible for entries not received due to difficulty accessing the Internet, service outage or delays, computer difficulties or other technological glitches or for incomplete, illegible, corrupted, or untimely entries, which will be voided and disqualified. All entries will be deemed made by the authorized account holder of the e-mail address or cell phone number submitted at the time of entry. The authorized account holder is the natural person who is assigned to the e-mail address by an Internet access provider, online service provider or other organization that is responsible for assigning the e-mail address or the domain associated with the submitted e-mail address. All entries submitted become the sole property of the Parties and will not be acknowledged or returned. Proof of submission of an entry shall not be deemed proof of receipt by the Parties. The Administrator’s computer is the official time keeping device for the Sweepstakes. Potential winners may be required to show proof of being the registered user of an account. Entries specifying an invalid, nonworking or inactive e-mail address will be disqualified and ineligible to win. Entries must be received no later than 11:59:59 pm ET on Friday, May 8, 2015 in order to be eligible for a chance to win.
2. ELIGIBILITY: : The Sweepstakes is open to all legal residents of the 48 contiguous United States (with the exception of Rhode Island) and the District of Columbia eighteen (18) years of age or older at the time of entry. Employees, officers and directors (including their families and persons residing in the same household) of the Parties and of the Parties’ respective members, parents, subsidiaries, and affiliated companies, affiliate radio stations or their licensees, promotional agencies, independent contractors, program suppliers and advertising agencies are ineligible to enter or win the Sweepstakes (such persons, collectively, “Ineligible Parties”). The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and void where prohibited. The Parties reserve the right to verify the eligibility of any entrant.
3. RESTRICTIONS: The Parties and each of their respective parent organizations, subsidiaries, affiliates, officers, directors, shareholders, agents, representatives, employees, local radio station affiliates or their licensees, promotional agencies or independent contractors (the “Sponsoring Entities”) are not responsible for late, lost, misdirected, incorrectly addressed, incomplete, undeliverable or destroyed entries, or for any: (i) hardware or software failures of any kind, (ii) lost or unavailable network connections, (iii) failed, incomplete or garbled computer or telephone transmissions, (iv) typographical or system errors and failures, (v) faulty transmissions, or (vi) problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, or computer equipment. The Sponsoring Entities are not responsible for any typographical or other errors in the offer or administration of the Sweepstakes, including, but not limited to, errors in the printing or posting of the offer or official rules, the selection and announcement of any winner, or the distribution of any prize. In addition, the Sponsoring Entities are not responsible for any entry not received by WWO on account of technical problems or traffic congestion on the Internet, or at any website participating in theSweepstakes, or any combination thereof, including, without limitation, any injury (including personal injury) or damage to entrant's or any other person's personal property (e.g., computer) related to or resulting from playing the Sweepstakes (or downloading any material for the Sweepstakes) or other telecommunications malfunctions which may limit an entrant's ability to participate. Either Party may prohibit you from participating in the Sweepstakes or winning a prize, if, in its sole discretion, it determines you are attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, engaging in deception or other unfair playing practices, or intending to annoy, abuse, threaten or harass any other players or representatives of the Sponsoring Entities. If the Sweepstakes is not capable of running as planned for any reason including, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, or any other causes beyond the control of the Parties, that corrupts or affects the administration, security, fairness, integrity or proper conduct of the Sweepstakes, the Parties reserve the right at their sole discretion to void any suspect entries and/or cancel, terminate, modify or suspend the Sweepstakes without prior notice or obligation to any entrant or other third party. In the event the Sweepstakes is suspended, terminated or canceled, winners may be randomly selected from all eligible entries received up to the date of such suspension, termination or cancellation. ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE PARTICIPATING IN THE SWEEPSTAKES (INCLUDING WWW.WESTWOODONE.COM AND THE WEBSITE) OR THE WEBSITE OF ANY PARTICIPATING LOCAL RADIO STATION AFFILIATE) OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE PARTIES RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY'S FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. Entrants are required to provide truthful information and the Parties will reject and delete any entry that it discovers to be false or fraudulent. The Parties will disqualify any entry from individuals who do not meet the eligibility requirements and the Parties will also delete any entry received from persons under the age of 13 in compliance with the Children’s Online Privacy Protection Act.
4. SELECTION OF WINNERS (3): All qualifying entries in the Sweepstakes received during the Sweepstakes Period will be entered into one random prize drawing and three (3) potential winners, pending verification of eligibility and compliance with these official rules (each referred to as a “Winner”), will be selected by WWO at random on or around Monday, May 11, 2015 The decisions of the Parties are final and binding in all respects.The Winners will be notified by email and by phone.If WWO is unable to contact a Winner after a reasonable effort has been made during five (5) days from the first notification attempt, or any prize notification is returned as undelivered, such Winner may be disqualified and an alternate potential Winner selected (and an alternate to the alternate as many times as may be necessary). Any prize will be awarded subject to verification of eligibility and compliance with these official rules and as long as all qualifications relating to the Sweepstakes are met. The decisions of WWO are final and binding in all respects. Any prize will be awarded subject to verification of eligibility and compliance with these official rules and as long as all qualifications relating to the Sweepstakes are met. If a Winner has not obtained the age of majority in his or her state of residence, then the prize will be awarded to such Winner’s parent or legal guardian (as determined by the Parties in their sole discretion).Odds of winning are based upon the total number of eligible entries received. This is a national multi-market sweepstakes in which all entrants will compete with other entrants, including the listeners of multiple radio stations in hundreds of markets throughout the United States during the Sweepstakes Period.
5. PRIZE: Three (3) Winners will each receive a $500 Visa Gift Card (ARV of one prize: $500) (Total ARV of all three prizes in the Sweepstakes: $1,500).All expenses not included as part of a prize (including without limitation federal, state and local taxes) shall be the responsibility of the Winner.No portion of the prize can be redeemed for cash value, used in conjunction with any other promotion, or transferred. No substitution or transfer of prize is permitted.Other restrictions may apply.Refer to the Visa gift card for applicable terms and conditions.
6. WINNER NOTIFICATION; CONDITIONS: Each Winner will be notified by phone and/or e-mail. By entering the Sweepstakes, entrants are agreeing they meet the eligibility requirements stated in these official rules and they are not an Ineligible Party as that term is defined in Section 2 of these official rules. The Winners will be required to sign and return, as applicable, an affidavit of eligibility and a liability release provided by the Parties within five (5) days of notification and, as may be required, at the Parties’ discretion, to complete and sign other forms pertaining to the Sweepstakes before the prize is awarded. In the event any such signed forms are not received by WWO within the specified time period, WWO reserves the right to choose an alternate winner by random selection. The affidavit of eligibility and the liability release serve to, among other things, confirm eligibility and release the Sponsoring Entities from any and all harm, injury or liability of any kind that may result in connection with participation in the Sweepstakes, the acceptance, use, misuse, possession, loss or misdirection of the prize or any typographical or other error in the printing, offering or announcement of any prize. If Winner is deemed a minor in his/her state of residence, the prize will be awarded in the name of his/her parent or legal guardian. Any person winning over $600.00 in prizes from WWO will receive an IRS Form 1099 from WWO for the calendar year in which the prize(s) is awarded and a copy of such form will be filed by WWO with the IRS. All federal, state, and local taxes and any expenses not expressly provided for in these official rules are solely the responsibility of the Winner. Except where prohibited by law, each Winner’s entry and acceptance of the prize constitutes such Winner’s permission to the Sponsoring Entities to use such Winner’s name, photograph, likeness, statements, biographical information, voice, and address (city and state) for advertising and promotional purposes worldwide and in all forms of media, in perpetuity, without further compensation and is deemed a certification that such entrant meets the eligibility requirements of the Sweepstakes as listed in these official rules and is not an Ineligible Party. BY ENTERING THE SWEEPSTAKES, PARTICIPANTS RELEASE AND HOLD HARMLESS THE SPONSORING ENTITIES FROM ANY AND ALL LIABILITY OR ANY INJURIES, LOSS OR DAMAGE OF ANY KIND ARISING FROM OR IN CONNECTION WITH THE SWEEPSTAKES OR ANY PRIZE WON. Entrants agree that all entries become the property of the Sponsoring Entities and none will be acknowledged or returned. The Sponsoring Entities and their designees shall have the perpetual, worldwide right to edit, publish, and use the entries in any way and in any media for trade, advertising, promotional, and/or other purposes as the Parties and their designees may determine without further consideration to entrants or any third party.
7. BINDING NATURE OF OFFICIAL RULES; WAIVER OF CLAIM OF AMBIGUITY: The Sweepstakes are subject to these official rules. By participating, entrants agree to be bound by these official rules and the decisions of the Parties and waive any right to claim ambiguity in the Sweepstakes or these official rules. WWO reserves the right to modify these official rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes. If due to circumstances beyond the control of the Parties, any competition or prize-related event is delayed, rescheduled, postponed or cancelled, the Parties reserve the right to cancel or modify the Sweepstakes.
8. SWEEPSTAKES PROVIDED “AS IS”: THE WINNERS AND ENTRANTS AGREE THAT THE SPONSORING ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR, AND EACH WINNER AND ENTRANT AGREES TO RELEASE THE SPONSORING ENTITIES FROM, LOSSES, DAMAGES, OR INJURIES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING FROM PARTICIPATING IN THE SWEEPSTAKES OR SWEEPSTAKES-RELATED ACTIVITY INCLUDING, BUT NOT LIMITED TO, THE ACCEPTANCE/POSSESSION AND/OR USE/MISUSE OF ANY PRIZE AND/OR ANY INJURY OR DAMAGE TO ENTRANT'S OR THIRD PERSON'S PROPERTY RELATED TO OR RESULTING FROM ANY PRIZE OR ANY PART OF THE SWEEPSTAKES. BY PARTICIPATING IN THE SWEEPSTAKES, ENTRANTS AGREE THAT SPONSORING ENTITIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND THAT ENTRANT SHALL HOLD SPONSORING ENTITIES HARMLESS AGAINST, ANY LIABILITY FOR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. BY PARTICIPATING IN THE SWEEPSTAKES, PARTICIPANTS AGREE THAT SPONSORING ENTITIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, WHETHER OR NOT FORESEEABLE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF INTERNET WEBSITES USED IN THE SWEEPSTAKES (WWW.WESTWOODONE.COM, THE WEBSITE, AND THE WEBSITE OF ANY PARTICIPATING LOCAL RADIO STATION AFFILIATE) OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE AFOREMENTIONED SITES. WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THE SWEEPSTAKES, INCLUDING ANY WEBSITES USED IN CONNECTION THEREWITH AND ANY PRIZE AWARDED HEREUNDER, 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, ALL OF WHICH ARE EXPRESSLY DISCLAIMED BY THE SPONSORING ENTITIES. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION 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. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
9. For the name of the Winners or a copy of these official rules, send a self-addressed stamped envelope to “Winner” or “Official Rules” (specify which) c/o MAKEOVER FOR MOM SWEEPSTAKES, 220 West 42nd Street, New York, NY 10036. All such requests must be received by Friday, June 19, 2015, to receive a response.
10. By use of the Website and by entering the Sweepstakes, you agree to the Terms of Service located at http://westwoodone.com/Legal/Terms-of-Use and to the use of your personal information as described in the Privacy Policy located at http://westwoodone.com/Legal/Privacy-Policy.