2008 SCREAM VOTING PROCESS GUIDELINES
The 2008 Scream categories were chosen by New 38th Floor Productions Inc., on behalf of the Spike programming service (“Spike”), and, with the exception of the “Most Anticipated Movie” category, the nominees were chosen by an expert advisory board (the “Board”), which was impaneled by Spike, and comprised of twenty-three (23) entertainment professionals, film makers, artists, writers, journalists and executives, known for their work in the genres of horror, science fiction, fantasy and comic books. Spike in its sole discretion may change the number of Board members without further notice. The Board selected six (6) nominees from each category, to be included in the on-line voting, applying a judging criteria determined by Spike and the Board.
On-Line Voting:
- (a) To vote for the nominees in each of the categories, except the "Most Anticipated Movie" category, you must logon to the website located on the internet at http://www.spike.com (the "Website") during the on-line voting period, which commences on or about 12:01 p.m. (Eastern Daylight Time), September 12, 2008, and ends at 11:59:59 p.m. (Eastern Daylight Time), October 17, 2008 (the "On-line Voting Period") and click on your choice of nominee for each category.
- (b) To submit your nominee for "Most Anticipated Movie" category, you must logon to the Website during the On-line Voting Period and submit your nominee for the "Most Anticipated Movie" category. Only movies scheduled to be released between October 18, 2008 and September 11, 2009 are eligible to be nominated and win the "Most Anticipated Movie” category.
- Limit one (1) vote per category, per person, per hour during the On-line Voting Period. Votes received prior to or after the On-line Voting Period shall be considered void. Limit one (1) nominee submission for the “Most Anticipated Movie” category, per person, per hour during the On-line Voting Period.
- Winner Selection: The winner in each category, except for the "Most Anticipated Movie" category, will be the nominee that receives the greatest total number of on-line votes, in that category, during the On-line Voting Period. The winner in the “Most Anticipated Movie” category will be the nominee that was nominated the greatest total number of times during the On-line Voting Period. All tabulations are calculated on-line. In the event of a tie or dispute or for any other reason that Spike deems necessary, the Board shall determine the winner(s) in the affected categories using the judging criteria.
- On-line Show Suggestion(s): You may submit suggestion(s) for the show (e.g., categories, nominees, show format, talent, etc.) by clicking on the anticipatedscream@spike.com hyperlink on the Website and emailing your suggestion(s) to Spike (the “Suggestion(s)”). Immediately upon submission of your Suggestion(s): (i) Spike shall own all intellectual property and rights in and to any Suggestion(s) submitted by you, (ii) you or any third party may not use the Suggestion(s), and (iii) Spike shall have the complete, perpetual and unencumbered right, throughout the world, to the unrestricted use and exploitation of the Suggestion(s), or any portion thereof, for any purpose, in any manner, by any means, and in any medium, whether now known or hereafter discovered, without payment of any additional compensation to you. You further agree that submission of any Suggestion(s) via anticipatedscream@spike.com constitutes your advance consent to sign any and all legal documents which Spike may require. You shall not be entitled to any recognition, prizing or other compensation from Spike, whatsoever, in connection with your Suggestion(s). You recognize that other persons, including but not limited to Spike employees, independent contractors, consultants, or those of its affiliated entities, may have submitted to Spike, or made public, similar or identical Suggestion(s), and that you understand that you will not be entitled to any recognition, prizing or other compensation from Spike, because of Spike’s use of such other similar or identical Suggestion(s). Notwithstanding the foregoing, nothing herein shall be construed to obligate Spike to use any Suggestion(s) in any manner.
- By voting on the Website you acknowledge compliance with and an understanding of the voting process guidelines. Neither New 38th Floor Productions Inc., its parent(s), subsidiaries, affiliates, divisions and assigns or their respective officers, directors, employees and agents (“Spike Related Entities”) are responsible for any problems or technical malfunctions of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to you or to any other person’s computer related to or resulting from participating or downloading materials related to the voting process. If, for any reason, any aspect of this voting process is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Spike Related Entities which corrupt or affect the administration, security, fairness, integrity or proper conduct of the voting process or for any reason Spike deems necessary, Spike reserves the right, at its sole discretion to cancel, terminate, modify or suspend the voting process. Should the voting process be canceled, terminated, modified or suspended prior to the end of the On-line Voting Period, notice will be posted on the Website, and the winner will be the nominee that receives the greatest total number of votes, in that category, or the nominee that receives the greatest total number of on-line submissions for the "Most Anticipated Movie" category, prior to the termination, modification, suspension or cancellation of the voting process.
- By participating in this voting process, you agree to be bound by these voting guidelines and by the decisions of the Spike, which are final in all matters relating to this voting process. Additional restrictions may apply. All interpretations of the voting process guidelines and decisions by Spike are final. Spike reserves the right at its sole discretion to disqualify the votes of any individual it finds to be tampering with any aspect of the voting process or the operation of the voting process or Website; to be acting in violation of these voting guidelines; or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY YOU OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE VOTING PROCESS IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPIKE RELATED ENTITIES RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. THE NEW YORK COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY OF THE CONTROVERSY REGARDING THE VOTING PROCESS AND THE LAWS OF THE STATE OF NEW YORK SHALL GOVERN THE VOTING PROCESS. YOU WAIVE ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THOSE COURTS AND HEREBY SUBMIT TO THE JURISDICTION OF THOSE COURTS.
- Spike reserves the right to modify the voting process in any way or at any time(s).
- This voting process is administered by New 38th Floor Productions Inc, 345 Hudson Street, New York, New York, 10014.