Best of NeoCon® Terms & Conditions

This Contest is void where prohibited by law. By  participating in the Contest you explicitly agree to the following terms and conditions:

You explicitly grant The Nielsen Company (“Nielsen”) a perpetual, worldwide, fully paid-up, royalty free license to reproduce, publish, perform, and otherwise display the designs and photographs contained in your entry on www.contractmagazine.com and in any and all media now known or hereafter developed for purposes described in the entry form.

Prizes may not be redeemed for cash and no substitutes will be permitted except by The Nielsen Company which reserves the right to substitute any prize for one of comparable value. Prizes may not be transferred. Any taxes on the prizes and any expenses not stated related to the acceptance and use of a prize will be the sole responsibility of the winner.

Entries, including designs and photographs must be original and the sole property of the entrant. Final date for receipt of entries is April 25, 2008 and final date for image upload is May 9, 2008.

By submitting your entry and participating in the Contest, (a) you warrant and represent that the designs and photographs submitted are your original work, that you own all rights thereto and that they do not infringe any proprietary right, including but not limited to copyright, trademark and rights of publicity and privacy, of any party; (b) you shall indemnify, defend and hold harmless The Nielsen Company, its affiliates, subsidiaries, agents, representatives, and their respective directors, officers and employees (collectively, “Affiliates”) from and against any claim, liability, injuries, losses or damages, including but not limited to claims of copyright infringement, resulting, in whole or in part, directly or indirectly, from your participation in the Contest and your submitted designs and photos;  (c) you shall abide by the official rules and the decisions of The Nielsen Company and its agents, which shall be final in all matters relating to the Contest; (d) you irrevocably release Nielsen and its Affiliates from and against any losses, liabilities, damages, claims and actions of any kind, including without limitation, personal injury, death and property damage, resulting directly or indirectly from the acceptance and use of a prize and participation in the Contest; (e) you acknowledge that Nielsen has not made any representation, warranty or guaranty, expressed or implied, in fact or in law, relative to the prizes; (f) if you are a winner, consent to the use of name and location and the names and images of the individuals using the prizes, for advertising and promotional purposes in all media now existing or developed in the future, including the www.contractmagazine.com website, and upon request will provide the consent in writing to such use of any individual utilizing the prize; and (g) you acknowledge that Nielsen  and its Affiliates are not responsible for late, lost or misdirected mail or entries or for any event beyond their control which may disrupt or delay the Contest or the prize. If for any reason this Contest is not capable of running as planned due to acts beyond the control of Nielsen, including acts of force of nature, acts of war, domestic terrorism, fraud, technical failures, or any other causes beyond the control of Nielsen which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, Nielsen reserves the right at its sole discretion, to terminate or cancel the Contest and to select winners from among entries legitimately received prior to the event causing the termination or cancellation. The Contest shall be governed by the laws of the State of New York without regard to its conflicts of laws principles and any legal action shall take place exclusively in the federal and state courts located in New York County, NY.

The Nielsen Company Terms of Use

Revised February 2008

1. GENERAL

a. This site is part of the The Nielsen Company (“Nielsen”) network of web sites. When you choose to use this web service (the "Service"), you are agreeing to all of the terms and conditions of this Agreement between you and Nielsen.

b. Nielsen may change, add or remove portions of this Agreement at any time, but if it does so, it will attempt to post those changes on the Service.

c. YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING ANY CHANGES IN THESE TERMS OF USE, WILL INDICATE YOUR ACCEPTANCE  OF THOSE RULES, CHANGES OR MODIFICATIONS.

d. Nielsen may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database, or content. Nielsen may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

2. CONTENT

a. The contents of the Service are intended for your personal, noncommercial use. All materials published on the Service (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips, also known as the (“Content") are protected by copyright, and owned or controlled by Nielsen or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service.

b. The Service and its Contents are protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this Section 2), create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Service in whole or in part.

c. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from The Nielsen Company.

d. The Service may contain Content created by the Associated Press. Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. AP will not be held liable in any way to the User or to any third party or to any other person who may receive information in the Service or to any other person whatsoever, for any delays, inaccuracies, errors or omissions there from or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing or occasioned thereby.

3. SUBMISSIONS

a.You are solely responsible for the content of any submission you make the Service. Nielsen reserves the right to delete, move, or edit messages that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.

b. You acknowledge that any submissions you make to the Service may be edited, removed, modified, published, transmitted, and displayed by Nielsen and you waive any moral rights you may have in having the material altered or changed in a manner not agreeable to you.

c. By submitting information to the Service, you hereby grant to Nielsen, its affiliates and related entities (collectively, “Nielsen”) the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, distribute and reproduce all such materials in any form, media, software or technology of any kind now existing or developed in the future. You also agree to indemnify, defend and hold Nielsen harmless for any liability arising due to the use or distribution of those materials. You further grant Nielsen the right to use your name in connection with the reproduction or distribution of such material. Nielsen, its affiliates and related entities do not accept unsolicited materials or ideas for use or publication in their publications, broadcast programming, books or their digital and electronic media except in connection with the forums, chat rooms, and bulletin boards on the Service. The Service, its affiliates and related entities shall not be responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to the Service.

d. You must be at least thirteen (13) years old to register for the Service. In consideration of using of the Service, you  shall: (a) provide true, accurate, current and complete information about yourself if prompted by the registration form; and (b) to maintain and update this information to keep it true, accurate, current, and complete. If any information provided by you ("Registration Data") is untrue, inaccurate, not current, or incomplete, Nielsen has the right to terminate your account and refuse any and all current or future use of the Service.

 4. USE OF REGISTRATION DATA

Any registration data you provide may be shared with select third party firms ("Associates"), unless you state a preference not to be contacted. Nielsen shall inform Associates if you state a preference not to be contacted. However, Nielsen shall not be responsible or liable if Associates contact you, permit a third party to contact you, or provide or disclose your Registration Data to any third party.

Nielsen, Associates, or their designees may disclose Registration Data to third parties about you and information about your use of the Service, provided that those disclosures do not include your name, mailing address, email address, telephone or facsimile number, or account number, unless: (a) you have registered to receive any third party products or services, or have otherwise authorized Nielsen  and/or Associates to disclose such information; (b) such disclosure is required by law or legal process.

This Agreement includes the terms and conditions of the Nielsen Privacy Policy, a copy of which is located at http://www.nielsenbusinessmedia.com/privacypolicy.html, and which is hereby incorporated by reference.If there exists any inconsistency between this Agreement and the Privacy Policy, the terms and conditions of the Privacy Policy shall take precedence. 

5. LINKS

Nielsen websites contain links to other related World Wide Web Internet sites, resources, and sponsors of Nielsen.  Since Nielsen is not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to the site administrator or Webmaster of that site.

6. REPRESENTATIONS AND WARRANTIES

a.You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least thirteen years old. You hereby indemnify, defend and hold harmless The Nielsen Company, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. The Nielsen Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

b. You expressly agree that use of the Service is at your own risk. Neither the Service, The Nielsen Company, nor any of their affiliates, employees, agents, content providers or licensors make any representations or warranties of any kind regarding the Service, the content or the results that may be obtained form use of the Service.

c. The Service, Nielsen, their affiliates, employees, agents, content providers and licensors shall in no event be liable for any damages or losses, including, without limitation, direct, indirect, consequential, special, incidental or punitive damages, resulting from or caused by the Service or its content, including, without limitation, losses related to: your use or inability to use the Service; any errors, omissions or defects in the content; or any interruptions, delays in transmission or computer viruses. In any event, any liability of the Service, Nielsen, their affiliates, employees, agents, content providers and licensors shall not exceed the amount paid by you to the service in the 12 months prior to the claimed injury or damage.

d. Nielsen does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Service by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE SERVICE IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENTS. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK.

7. USERNAME AND PASSWORD

You may receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You shall (a) immediately notify Nielsen of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Nielsen cannot and will not be liable for any loss or damage arising from unauthorized use of your username and/or password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at Nielsen's sole discretion, and Nielsen may refer you to appropriate law enforcement agencies.

8. FEES AND PAYMENTS

Nielsen reserves the right at any time to charge fees for access to portions of the Service or the Service as a whole. However, in no event will you be charged for access to the Service unless we obtain your prior agreement to pay such charges. Thus, if at any time Nielsen requires a fee for portions of the Service that are now free (e.g., a domestic subscription fee), Nielsen will give you advance notice of such fees and the opportunity to cancel the account before such charges are imposed. All new fees, if any, will be posted in the Help Center and in other appropriate locations on the Service. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the Service by Nielsen or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Service through your account.

9. SOFTWARE LICENSES

You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Service ("Access Software"). You may not sublicense, assign or transfer any licenses granted by The Nielsen Company, and any attempt at such sublicense, assignment or transfer shall be null and void. You may make one copy of such software for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from Access Software.

10. TERMINATION

Nielsen may, in its sole discretion, terminate or suspend your access to all or part of the Service for any reason, including, without limitation, breach or assignment of this Agreement.

11. MISCELLANEOUS

a. This Agreement has been made in and shall be construed and enforced in accordance with New York law. Any action to enforce this Agreement shall only be brought in the federal or state courts located in New York County.

b. Notwithstanding any of the foregoing, nothing in this Subscriber Agreement will serve to preempt the Nielsen Privacy Policy.

c. Official correspondence must be sent via postal mail to:

The Nielsen Company
Attn: Associate General Counsel
770 Broadway, 7th Floor
New York, NY 10003

Questions?

We welcome your questions and/or comments. Please send all queries to webmaster@nielsen.com.

I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.

@ 2008 The Nielsen Company. All rights reserved.