MISS UNIVERSE® Competition
“Fan Pre-Vote” Voting Rules and Procedures
IMG Universe, LLC and Spredfast, Inc. (collectively, the “Administrators”) invite you to vote for one of the contestants in the MISS UNIVERSE® Competition to help her make it into the Top 12. The voting process will be conducted pursuant to these Voting Rules and Procedures and any other rules and procedures the Administrators may designate. These Voting Rules and Procedures are subject to change at any time.
Eligibility: Voting is open to anyone 14 or older.
Timing: The Voting Period for the Fan Pre-Vote will begin at 10:30AM ET on Monday January 23, 2017 and end at 8:00AM ET on Saturday, January 28, 2017 (the “Voting Period”). Votes received outside of the Voting Period will not be counted.
How to Vote: There are four (4) ways to vote:
Only votes that comply with the instructions and these Voting Rules and Procedures will be counted. You shall not use any third party services to vote on your behalf. The contestant with the highest number of votes as determined by Administrators during the Voting Period will receive a guaranteed spot in the Top 12. The Administrators reserve the right, in their sole discretion, to reject votes cast by any individual who tampers with the voting process or acts in a disruptive or unsportsmanlike manner.
Tweets must NOT contain subject matter which is, in the sole discretion of Administrators, sexually explicit, obscene, pornographic, violent (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (e.g., based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g., underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane or harassing. Tweets must NOT include any 3rd party trademarks, logos or slogans or any derogatory references to Administrators, FOX, Miss Universe sponsors or contestants.
The following votes will not be counted, if determined by Administrators in their sole discretion: (a) tweets from accounts less than one (1) day old; (b) tweets from accounts with less than ten (10) followers; (c) tweets from suspected spammers; (d) tweets from location based services; and (e) tweets from automated feed tools
General Conditions: In the event the Administrators believe that the operation, security, or administration of the Fan Pre-Vote voting process is impaired in any way, the Administrators may, in their sole discretion, either: (a) suspend the Fan Pre-Vote voting process to address the impairment and then resume the Fan Pre-Vote voting process; (b) advance the contestant who received the highest score of valid votes at the time of the impairment; (c) utilize solely the judges’ scores to select the contestant to advance; or (d) employ any other fair and equitable resolution determined by the Administrators, in their sole discretion. In the event the contestant with the highest number of votes is unable to move on for any reason, the Administrators may, in their sole discretion, either: (a) advance the contestant who received the second highest number of valid votes; (c) utilize solely the judges’ scores to select the contestants to advance; or (d) employ any other fair and equitable resolution determined by the Administrators. The Administrators shall, in their sole discretion, determine what constitutes a valid vote.
Release: Administrators, Fox Broadcasting Company, Fox Television Group, Twenty-First Century Fox, Inc., Fox Networks Group, Inc., Fox Entertainment Group, LLC, Facebook, Twitter, Vodi, Heed, their respective parents, affiliates, subsidiaries, and sponsors, advertisers, advertising and promotion agencies, any other entity involved in the development or administration of the voting, and each of their respective directors, officers, employees and assigns (collectively, the “Released Parties”) are not responsible for any computer, network, technical, electronic, human, or other errors or problems of any kind, for any injury or damage to participants or to any person’s computer or mobile phone relating to or resulting from voting, or for votes that are not received or counted for any reason. By participating, you agree to release and hold the Released Parties harmless against any and all claims and liability of any kind arising in whole or in part, directly or indirectly, out of your participation in the voting.
Tampering: Any attempt by you or any other individual to deliberately damage any online service, mobile phone service, or web site, tamper with the voting process, or otherwise undermine the legitimate operation of the voting may be a violation of criminal and civil laws and should such an attempt be made, the Released Parties reserves the right to seek damages and/or other remedies from any such person to the fullest extent permitted by law.
Disputes: THESE RULES, AND SUBMISSION OF YOUR VOTES, ARE GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN NEW YORK, NEW YORK. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN NEW YORK. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF NEW YORK. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
VOTING AND MISS UNIVERSE ARE IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH TWITTER OR FACEBOOK. YOU UNDERSTAND THAT YOU ARE PROVIDING YOUR INFORMATION TO ADMINISTRATORS AND NOT TO TWITTER OR FACEBOOK.