Terms & Conditions

 

Agreement Between User and Marriah Media, LLC (“MM”)

 

The network of Web Sites (collectively, the "MM Web Sites") operated by Marriah Media, LLC or its affiliates or subsidiaries ("MM"), is comprised of various Web sites and Web pages. The MM Web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the MM Web Sites constitutes your agreement to all such terms, conditions, and notices. Your use of a particular MM website included within the MM Web Sites network may also be subject to additional terms outlined elsewhere on that website (the "Additional Terms"). Additionally, the MM Web Sites may themselves contain additional terms that govern particular features or offers (for example, awards programs 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 MM website, then these terms shall take precedence.

 

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.

 

Santa Choice Awards®("SCA") Registration

 

1. How to Register a Product. To register a product, go to: www.SantaChoiceAwards.com/how-to-submit and be ready to enter our contact information and your product profile information. You will be asked to choose a product category, enter your product description, your targeted user age range, your product retail price list, Amazon or website information and upload your graphic.

 

 2. Online Registration Start Dates/Times and End Dates/Times and Information for The Santa Choice Awards 2015 Call for Online Entries: 

 

Open, Monday, April 6, 2015

Deadline for Online Entries is Tuesday, November 3, 2015

Winners of the Santa Choice Awards® will all be officially named on Tuesday, December 1, 2015 in a national press release.

 

Early and past-Santa Choice Award winners with products currently in production are featured throughout the year and repeatedly once the product award determination has been made.

Winners are promoted as Santa Choice Award Winners. Non-Winners are not named, and all information remains confidential.

 

3. Registration Conditions. Participants may register as many products as they want. Product registration during the start and end times listed above is unlimited. All registered products will be subject to verification and confirmation by MM and a notice confirming the product name and description will be sent to you. Participants who do not comply with these Terms and Conditions, or who attempt to interfere with the registration process or the operation of the Web Site in any way will be disqualified and their products will not be counted. SCA reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend registration 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 registration process. All decisions regarding the registration process shall be final and shall not be subject to challenge or appeal.

 

SCA, 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 registration information (regardless of cause) or failed, incomplete, garbled, jumbled

or delayed computer transmissions which may limit one's ability to register, including any injury or damage to participant's or any other person's computer or mobile device relating to or resulting from participating in the registering or downloading any materials. SCA is not responsible for lost, late, illegible, incomplete, invalid, unintelligible, technically corrupted registration details, which will be disqualified. SCA shall use commercially reasonable efforts to ensure the security and accuracy of all registered products and the registration process (provided, however, that you acknowledge and agree that such methodologies are not infallible, and that SCA 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 REGISTRATION PROCESS MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SCA RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

 

4. Use of Data.  MM shall have the right to collect, store and use all email addresses submitted hereunder in accordance with MM’s www.SantaChoiceAwards.com/privacyandsecurity when submitting an email address, participants hereby agree to MM's collection and usage of their personal information and acknowledge that they have read and accepted MM's privacy policy.

 

5. Santa Choice Awards®.

The products registered for three external judges will review a Santa Choice Award: two age appropriate users and one industry expert. All 2015 Santa

Choice Award winners will be named officially on Tuesday, December 1, 2015.

 

Abbreviated Terms & Conditions

 

PRODUCT REGISTRATION FEE 

 

A registration fee of $ 275.00 applies to each product entered into the Santa Choice Award program. Online registrations are open on April 6, 2015, and remain open through Tuesday, November 3, 2015. Participants may register as many products as they wish prior to the deadline date of Tuesday, November 3, 2015. Three identical samples of each product must be included and must be sent for review and postmarked by November 4, 2015.

 

Modifications of these Terms of Use

 

MM reserves the right to change the terms, conditions, and notices under which the MM Web Sites are offered, including but not limited to the charges associated with the use of the MM 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 MM 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 MM 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 MM or to purchase MM 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 MM is strictly prohibited.

 

Harassment in any manner or form on the Site or any of the MM Websites, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a MM 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.

 

Safety Certification

 

Required for all applicable products.

 

Submitting company/vendor certifies the product being entered into the Santa Choice Awards program meets all three of the following requirements:

 

1.    Meets all ASTMF963 requirements and 16 CFR 1303 regulations.

 

2.    Complies with California law on phthalates.

 

3.    Surface coating for lead will not exceed 100ppm and substrates will not exceed 200ppm.

 

 

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 MM. The collective work includes works that are licensed to MM. Copyright 2012, ALL RIGHTS RESERVED. All trademarks, service marks, and trade names (collectively the “Marks”) are trademarks or registered trademarks of and are propriety to MM, or other respective owners that have granted MM 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.

 

MM respects the intellectual property of others, and we ask our users and visitors to do the same. MM 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, MM 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 MM 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 MM 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: 

    Santa Choice Awards® 

    122 Manners Road 

    Ringoes, NJ 08551

 

On-line: 

 

Click here to Contact Santa Choice Awards®

 

IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING MM 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 product information received from you, MM shall have the right to refuse or cancel any orders placed for product participation. MM shall have the right to refuse or cancel any such entries whether or not the entry has been confirmed.

 

Term; Termination

 

These terms and conditions are applicable to you upon your accessing the Site and/or completing the registration process. These terms and conditions, or any of them, may be modified or terminated by MM 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

 

MM does not and cannot review all communications and materials posted to or created by users accessing the Site and are 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, MM 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, MM 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) in violation of any law or regulation or (e) offensive or otherwise unacceptable to MM at its sole discretion. Note that any personally identifiable information you may post or transmit will be treated by MM in accordance with MM'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. MM will have no obligations with respect to the Communications. MM 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

 

MM may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. MM, 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 MM, MM has no control over these linked sites, all of which have separate privacy and data collection practices, independent of MM. MM 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 MM 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, MM 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

 

MM makes no warranties or representations about the accuracy or completeness of this Site's content or the content of any site or External Sites.

MM makes every attempt to filter and monitor all advertisements and/or other content that children or others may view through our sites or “hot-linked” sites, however, MM disclaims any content or materials that may be inappropriate and encourage parents and guardians to spend time online with their children and others 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, MM 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. MM 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. MM 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 MM BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF MM 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.

 

Indemnification

 

You agree to indemnify, defend, and hold harmless MM, 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

 

By using this Site, you agree that MM, 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.

 

Arbitration

 

By using this Site, you agree that MM, 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

 

MM 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.

 

Refund Policy

 

Once product samples are received at 122 Manners Road, refunds are not available.  

 

Our Address

Marriah Media, LLC

122 Manners Road

Ringoes, NJ 08551

 

Last updated: July 13, 2015

 

Submit to The Santa Choice Awards®