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TODAY’s Viral Video Challenge: Terms and conditions

Read the full terms and conditions for the TODAY's Viral Video Challenge, where you have the chance for one of your videos to air live on TODAY.
/ Source: TODAY

Complete details about the TODAY Viral Video Challenge can be found here.

Please read below for the terms and conditions for video submissions.

TODAY Viral Video Challenge
TERMS AND CONDITIONS FOR SUBMISSIONS

THANK YOU FOR SUBMITTING YOUR VIDEO AND OTHER MATERIALS TO NBC UNIVERSAL, INC. (“NBCU”). PLEASE READ THESE TERMS AND CONDITIONS FOR SUBMISSIONS BEFORE YOU SEND US ANY MATERIALS AS THEY EXPLAIN WHAT WE ARE LOOKING FOR, WHAT RIGHTS WE ACQUIRE WHEN YOU SEND US YOUR SUBMISSIONS AND WHAT WE MAY DO WITH THEM. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT CLICK I ACCEPT AT THE END OR SEND YOUR SUBMISSION, AS THESE ACTIONS WILL BE DEEMED ACCEPTANCE OF THESE TERMS AND CONDITIONS.

GUIDELINES FOR SUBMISSIONS AND REPRESENTATIONS:

1. ORIGINALITY AND THIRD PARTY CONTENT: We are only interested in original Submissions created by you. A “Submission” includes any materials or information submitted to NBCU by you, including without limitation, your video, name, likeness, photographs, recordings, writings, statements, audio materials, audiovisual materials, ideas or video clips featuring The Today Show anchors furnished to you by NBCU through The Today Show website. Except the video clips featuring The Today Show anchors provided to you by NBCU, please do not copy or use other works in or in connection with your Submission unless you have the permission of the owner of those works, or they have been made available for use under a license that permits them to be incorporated into any work freely without further conditions. If you include any music in your Submission, you further represent, warrant and guarantee to NBCU that the compositions, recordings, lyrics, text and other musical materials contained in the Submission are original, created only by you and do not contain any “samples” or excerpts that would infringe on the copyrights of others, are not merely a “cover” of someone else’s song and that you have not granted to any third party or entered into any type of agreement including an exclusive recording agreement that would grant that third party any types of rights to your recorded performances.

2. MATERIALS PROVIDED BY NBCU: NBCU may make available to you certain content in video clips featuring The Today Show anchors (the “Provided Materials”) solely for the purpose of creating a Submission. You may not use the Provided Materials for any other purpose. You may not distribute your Submission or the Provided Materials to anyone, including without limitation, you may not post the Provided Materials on You Tube or other content distribution sites. Your creation of a Submission containing the Provided Materials does not grant you any rights to use the Submission for any other purpose. Without in any way limiting the foregoing, you acknowledge and agree any Provided Materials, are owned by NBCU and are provided to you solely for the purpose of inclusion in your Submission and use and exhibition by The Today Show in accordance with this Agreement and you shall not acquire any copyright or other ownership of these materials as the result of the incorporation of these materials into your Submission. Your violation of any of these provisions or your unauthorized or improper use of any of the Provided Materials shall entitle NBCU to pursue all legal and equitable rights and remedies, including, without limitation, an action for copyright infringement as well as injunctive relief and damages.

3. REPRESENTATIONS AND WARRANTIES REGARDING SUBMISSION CONTENT: By sending NBCU a Submission, you are representing and warranting that (i) the Submission is an original work by you (other than the Provided Materials furnished to you by NBCU) or materials you have permission to use, (ii) no person or entity other than you has any right, title or interest in any part of your Submission; (iii) your Submission, the use thereof by NBCU, or the exercise by NBCU of any of the rights granted by you under this Agreement do not and will not infringe or violate any rights of any third party or entity, including, without limitation, copyright, trademark, defamation, privacy, publicity, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or any contractual rights; (iv) you have all the rights, licenses, permissions and consents necessary to submit the Submission and to grant all of the rights that you have granted to NBCU under this Agreement; and (v) you have obtained written permission when filming any part of the Submission on private property not owned or controlled by you, where such permission is required. By participating, you also represent, warrant and agree that you are eighteen (18) years of age or older and the legal age of majority in your state of residence and a permanent, legal resident of one (1) of the fifty (50) United States (“U.S.”) or the District of Columbia (excluding Puerto Rico, Guam, the U.S. Virgin Islands, and other U.S. territories) at the time of your Submission.

4. PEOPLE IN VIDEO: Everyone who appears in the Submission must have consented to the use, exhibition and other exploitation of the Submission in any manner and in any and all media, whether now existing or hereafter discovered, including, without limitation, the internet and television, throughout the world, in perpetuity. NBCU reserves the rights to request proof of such permission. If you include still pictures of anyone in or with your Submission, you must have their permission to include their image in the Submission, or have the right to use such images in your Submission. If you submit an image of someone who is under eighteen (18) years of age who is not your child, you must have the permission of that child's parent or legal guardian and you may be asked to provide permission in writing by NBCU. You further represent and warrant that anyone who was engaged by you or who appears in the Submission (i) has no claims for payment of any kind, including, without limitation, for royalties or residuals, arising out of any use, exhibition or other exploitation of the Submission; (ii) has no approval or consultation rights or any rights of participation with respect to any use, exhibition or other exploitation of the Submission; and (iii) was not engaged by you or anyone associated with the Submission under any union or guild agreement that results in any ongoing obligations resulting from the use, exhibition or other exploitation of the Submission.

5. LICENSE TO NBCU: By sending NBCU a Submission, you hereby grant to NBCU, its licensees, sublicensees, successors and assigns a worldwide, royalty-free, perpetual, unrestricted, irrevocable and fully sub-licensable right and license to consider, disclose, broadcast, use, re-use, reproduce, modify, digitize or enhance, adapt, change, edit, publish, translate, create derivative works from, distribute, re-distribute, publicly perform and/or display and exploit in any manner your Submission (in whole or in part), and the images or likenesses that appear in your Submission (in whole or in part) and/or incorporate all or part of your Submission in other works by all media now known or hereafter devised, via any distribution method or means of transmission for any viewing device now known or hereafter devised. You grant these rights without further notice to, consent from or payment to you, and waive any claims for payment or royalties of any kind. You waive any "moral rights" you may have in the Submission. You grant NBCU these rights whether or not your Submission is used. YOU WILL NOT BE PAID FOR YOUR SUBMISSION or for granting NBCU any of these rights, and NBCU has no obligation to provide you credit for the use of your Submission, although it may choose to do so. You also grant to NBCU the right to use the names, likenesses, voices and images of all persons appearing in the Submission, for future advertising, promotion and publicity in any manner and in any medium now known or hereafter devised throughout the world in perpetuity.

6. NO OBLIGATION TO USE/NO CONFIDENTIAL RELATIONSHIP: NBCU is not obligated to use your Submission (and have no obligation to you or any other person or entity after your Submission is received), and has no obligation to keep or maintain your Submission. If NBCU does elect to use your Submission or any part thereof, NBCU may remove all or any part of it at any time for any or no reason. Please also be aware that your Submission may not be acknowledged and will not be received or held “in confidence” and your Submission does not create a confidential relationship or obligation of secrecy between you and NBCU, any of its affiliates or any of its licensees, successors or assigns. You recognize that an entrant may subsequently see a presentation by another entrant or a Released Party (defined below), which seemingly incorporates an idea or concept or includes materials similar to concepts or materials contained in your Submission. Any similarity is purely coincidental and unavoidable in light of the volume of ideas, which Released Parties routinely consider in the regular course of business. You also recognize that other persons, including NBCU’s own employees, may have submitted to NBCU or others, or made public, or may in the future originate and submit, or make public, materials that are similar or identical to your Submission. You acknowledge and agree that NBCU shall have the right to use such similar or identical materials, and that you will not be entitled to any compensation because of NBCU’s use of such similar or identical materials. Nothing in this Agreement, or your Submission, shall be deemed to place you in any different position from any other member of the public. Please note that your Submission is not an application for employment.

7. INDEMNIFICATION AND WAIVER: You agree to defend, indemnify and hold harmless NBCU, its affiliates and their respective directors, officers, employees and agents (collectively, “Released Parties”) from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any Submission posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any breach of any of the representation, warranties or other terms or conditions of these Terms and Conditions or any use of your Submissions by NBCU, its licensees, sublicensees, successors and assigns, (c) any non-compliance by you with these Terms and Conditions; and (d) claims brought by persons or entities other than the parties to this Agreement arising from or related to the Submission. You hereby waive any claims regarding the use of the Submissions by NBCU, its parent, affiliates, subsidiaries, licensees, sublicensees and assigns and each of their respective directors, officers, employees and assigns.

8. DISPUTES: THESE TERMS AND CONDITIONS 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 SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.

PLEASE CLICK I ACCEPT IF YOU AGREE TO THE THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE DO NOT CLICK THIS BUTTON OR SUBMIT THESE SUBMISSIONS