Terms & Conditions

These Terms of Service apply to all users of the online media services and music and film award nomination submissions made available through www.holidaymusicandfilmawards.com and its related domains, subdomains, and mobile and desktop applications. These Terms govern your use of the services provided by the Holiday Music & Film Awards, operated by 34th Street Media, LLC (the “Company,” “we,” or “us”).

By accessing and using this website, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these Terms, you must discontinue use of the website and its services.

Nomination submissions require submitters to be at least 18 years old. Those under 18 must obtain the consent of a parent or legal guardian before submitting nominations.

All nominations must be submitted through the designated online submission process on the website. Submissions must comply with the specified guidelines and include accurate, current information about the nominee.

Services may be used only for lawful purposes related to submitting nominations. The Company prohibits using the Services for any other purpose, and prohibits any violation of the website’s security, including unauthorized access to data, testing of system vulnerabilities, interference with the service, submission of viruses, flooding, spamming, forging packet headers, scraping data, and the use of robots or automated means to skew or interfere with data.

Security violations may result in civil or criminal liability. The Company will investigate such occurrences and may cooperate with law enforcement authorities in prosecuting those involved.

By submitting a nomination, you represent and warrant that you own the content or possess the necessary rights and permissions to nominate the creators or owners, use the content, and grant the Company the rights provided under these Terms. You agree not to submit content that infringes the intellectual property rights of others.

The website may collect personal information during the nomination process. The collection and use of this information is governed by the website’s Privacy Policy.

The website reserves the right to verify the accuracy of nominations and to disqualify any nomination that is non-compliant or that contains false or misleading information. Disqualification decisions are final and binding.

The selection of award recipients is conducted by the Company’s Independent Advisory Committee. The website announces winners on specified dates and may notify winners via email or other means.

By submitting a nomination, you grant the Company a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute the nominated content for promotional and award-related purposes. You retain your rights in the content and remain responsible for protecting them. This license includes making the content available to other users of the website under these Terms.

You may not transmit any content that is unlawful, offensive, upsetting, threatening, libelous, defamatory, obscene, or otherwise objectionable, including but not limited to:

• Unlawful activity or the promotion thereof.
• Discriminatory or mean-spirited content concerning religion, race, gender, national or ethnic origin, or other targeted groups.
• Spam, machine-generated content, unauthorized advertising, chain letters, unsolicited solicitation, lotteries, or gambling.
• Content designed to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment, or to obtain unauthorized access to third-party data.
• Infringement of proprietary rights, including patents, trademarks, trade secrets, copyrights, rights of publicity, or other rights.
• Impersonation of any person or entity, including Company employees or representatives.
• Violation of the privacy of any third party.
• False information or false features.

The Company, the website, and its operators are not liable for any losses, damages, or injuries arising from the use of, or inability to use, the website, including any errors, omissions, interruptions, or inaccuracies in content.

The Holiday Music & Film Awards trademarks, trade names, and variations thereof are the exclusive property of the Company, and any unauthorized use is prohibited. The Services (including all programs, compiled binaries, interface layout, interface text, documentation, resources, and graphics) are the sole and exclusive property of the Company, protected by copyright, trademark, and intellectual property laws of the United States and other countries.

You agree that the Company owns and retains all rights in the Services, and that all content is solely owned and controlled by its respective content providers and protected by copyright and trademark laws. You may not sell, modify, reproduce, display, publicly perform, distribute, or otherwise use any website content except as expressly permitted.

The Company respects the intellectual property rights of others and responds to claims that content infringes copyrights or other intellectual property rights. Copyright owners or their authorized representatives who believe that copyrighted work has been copied in a way that constitutes infringement must submit a written notice to lisa@lisafranklinmusic.com with a detailed description of the alleged infringement.

Misrepresenting that content is infringing may result in liability for damages, including costs and attorney’s fees. A valid DMCA notification to our Copyright Agent must include:

• An electronic or physical signature of the copyright owner or an authorized representative.
• A description of the copyrighted work claimed to have been infringed, including the URL location or a copy of the work.
• Identification of the URL or specific location where the infringing material is located.
• Your address, telephone number, and email address.
• A statement of good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement, 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 owner’s behalf.

The website may contain links to third-party websites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services, and shall not be liable for any damage or loss caused by such content, goods, or services. You are advised to read the terms and privacy policies of any third-party websites you visit.

The Service is provided to you “AS IS” and “AS AVAILABLE,” with all faults and defects and without warranty of any kind. The Company expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

The Company makes no representation that the Services will meet your requirements, achieve any intended results, be compatible with other software, operate without interruption, be error-free, or be free from viruses or other harmful components.

You agree to defend, indemnify, and hold harmless the Company, its subsidiaries, affiliates, officers, directors, employees, agents, representatives, and partners from and against any losses, liabilities, claims, actions, or demands, including legal and accounting fees, arising from your use of the Services, content you upload, or any breach of these Terms. The Company will promptly notify you of any such claim and may, at its option, assume the exclusive defense and control of any matter subject to indemnification.

The website reserves the right to modify these Terms and Conditions at any time without prior notice. You are responsible for periodically reviewing these Terms for updates. Your continued use of the Services following the posting of changes constitutes acceptance of those changes.

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Florida, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). You irrevocably consent to the exclusive jurisdiction of the courts of Florida for any action arising from or related to these Terms, and waive any objection based on lack of personal jurisdiction, residence, improper venue, or forum non conveniens.

If any provision of these Terms is held to be unenforceable or invalid, that provision will be changed and interpreted to accomplish its objectives to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise that right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.