SMS Terms & Conditions
THIRD RAIL WITH OZY voting via SMS from your mobile device - votes will only be accepted under the following regulations:
- To participate, text your answer to the short code: e.g., text YES to 97979.
- Your carrier's standard message and data rates may apply.
- To opt-out of the Third Rail With OZY SMS voting programat any time, send STOP to 97979. If you use the Third Rail With OZY voting program after sending a STOP or other opt out keyword, you will receive the appropriate response message(s). For example, if you vote again after having opted out, you may receive a vote confirmation message.
- To get help with voting by SMS, send HELP to 97979, or e-mail Telescope customer service at firstname.lastname@example.org.
- During a valid vote window, users will receive one (1) ‘Thank You for Voting' message per answer submitted, per episode, regardless of the number of votes cast.
- Only the first 5 votes per mobile phone number per day that are cast from a user within a valid vote window will be counted, but message and data rates may apply to all SMS votes cast (even those in excess of 5).
- Use a wireless device capable of two-way messaging
- Provide their own wireless device
- Be a wireless service subscriber with a participating carrier listed below:
ACG, Alltel-Allied, AT&T, bandwidth.com (includes Republic Wireless), Brightlink, C Spire Wireless (aka Cellular South), CellCom, Cellular One of N.E. Arizona, Chariton Valley Cellular, Cleartalk (Flat Wireless), Copper Valley Telecom, Cricket Wireless, East Kentucky Network (Appalachian Wireless), Enflick, GetLisa/ClearSky, Google Voice, Inteliquent, Interop, IWireless, Leaco Rural Telephone Cooperative, MetroPCS (GSM), Mobi PCS, MobileNation/SI Wireless, MTA Wireless/Matanuska Kenai, Nemont CDMA, nTelos, Panhandle Wireless, Pioneer Cellular, SouthernLINC, T-Mobile, Triangle Wireless, Union Telephone, United Wireless, Verizon, Virgin Mobile, United States Cellular Corp, ACG, Alaska Communications Systems (ACS), Alltel-Allied, ASTAC, AT&T, bandwidth.com (includes Republic Wireless), Bluegrass Cellular, Boost, Brightlink, C Spire Wireless (aka Cellular South), Carolina West Wireless, CellCom, Cellular One of N.E. Arizona, Chariton Valley Cellular, Chat Mobility, Cleartalk (Flat Wireless), Copper Valley Telecom, Cordova, Cricket Wireless, Duet Wireless, East Kentucky Network (Appalachian Wireless), Enflick, GCI Communications, GetLisa/ClearSky, Google Voice, Illinois Valley Cellular, Inland Cellular, Inteliquent, Interop, IWireless, Leaco Rural Telephone Cooperative, Limitless Mobile, MetroPCS (GSM), Mid-Rivers Communications, Mobi PCS, MobileNation/SI Wireless, MTA Wireless/Matanuska Kenai, MTPCS Cellular One (Cellone Nation), Nemont CDMA, Nex Tech Communications, Northwest Missouri Cellular, nTelos, Panhandle Wireless, Pine Belt, Pine Cellular, Pioneer Cellular, Rural Independent Network Alliance (RINA), SouthernLINC, Sprint, SRT Communications, Standing Rock Telecom, T-Mobile, Thumb Cellular, Triangle Wireless, Union Telephone, United Wireless, Verizon, Viaero Wireless, Virgin Mobile, West Central Wireless
Message and data rates may apply. A wireless service provider may charge for each text message that is sent and received. Message and data charges will appear on the customer's cell phone bill or be deducted from their prepaid account. Messages sent and received include:
- SMS/text votes sent;
- THANKS FOR VOTING message received;
- EXCEEDED LIMIT message received;
- STOP message sent and STOP confirmation received;
- HELP message sent and HELP information received;
- VOTING CLOSED message received; and
- UNRECOGNIZABLE message received.
Please consult your wireless service provider regarding its pricing plans.
- The service is offered on an ‘as is' basis and
- May not be available in all areas at all times;
- May not continue to work in the event of product, software, coverage or other service changes made by your wireless carrier;
- Administrator(s) are not responsible for damages from use of service;
- At any time by giving prior notice charges can be incurred and disagreeing to charges would discontinue the service.
- Certain Services may be changed without notice or be discontinued.
By voting via the text voting method, you are granting the WGBH Educational Foundation and its vendors the right to (1) collect and use your cell phone number to validate the vote and (2) to send responses to your votes or other messages.
Limitation of Liability/Release
The WGBH Educational Foundation, and the administrators of Third Rail with OZY, their respective parents, subsidiaries and affiliated entities and any persons employed by any of the foregoing, are not responsible and shall not be liable for any losses/injuries or any kind resulting from lost, incomplete, late, damaged or misdirected votes; inability to access the voting; difficulties, failures or malfunctions of computers and/or Internet connections or wireless services or other communications malfunctions; interrupted or unavailable network or server; failed computer hardware or software or other technical failures; garbled, lost, misrouted or scrambled transmissions; any error, omission, interruption, defect or delay in any transmission or communication; traffic congestion or for any technical problem which may cause the voting to be disrupted or corrupted; computer on-line systems, telecast, or cable malfunctions; human error; satellite transmission failures or delayed telecasts or preemption of, or the failure of, a cable affiliate to televise the program; any damage to entrants or any third person’s computer and/or wireless device, and/or its contents related to or resulting from this program; any votes that are not in compliance with these Terms (such votes to be deemed disqualified); nor any other loss directly or indirectly caused by participation in this program or related voting.
The WGBH Educational Foundation reserves the absolute right to disqualify any voter (and/or their respective vote(s)) who votes by any electronic, mechanical or automated means, or otherwise tampers with the voting process or program, or for any other reason, as determined by the WGBH Educational Foundation in its sole discretion.
Choice of Law/Arbitration
Any controversy or claim arising out of or relating to the SMS Voting contemplated in these Terms, upon notice duly served, shall be resolved by binding and final arbitration administered by JAMS or its successor (“JAMS”), at JAMS’ Boston, Massachusetts office, before a single neutral arbitrator appointed, in accordance with the streamlined arbitration rules and procedures, or subsequent versions thereof, including the optional appeal procedure (including the optional JAMS Rules, including, without limitation, the rule providing that each party will contribute equally to JAMS fees and expenses and the rules providing for limited discovery and other exchange of information). All disputes and arbitrations shall be governed by the laws of the Commonwealth of Massachusetts and the Federal Rules of Evidence regardless of choice of law rules and there shall be no award of punitive damages. The decision of the arbitrator shall be in writing and shall include a statement of the essential conclusions and findings upon which the decision is based. The JAMS Rules are available at WWW.JAMSADR.com. All arbitration proceedings shall be confidential and disclosed only to those with a need to know or as may be required by law or as may be required to enforce any arbitration proceedings or awards. Judgment on any awards may be entered in the federal or state courts in Suffolk County, Massachusetts, which are the exclusive forums for such matters.