Dec. 3, 2013 at 7:58 PM ET
TODAY's Wishing Well
Terms of Submission
NBCUniversal Media, LLC (“NBCU”), located at 30 Rockefeller Plaza, New York, NY 10112, invites you to join in on the fun with the TODAY Show (the “Show”) by giving you the opportunity to submit an essay of three thousand (3,000) characters or less describing a wish (“Wish”) you hope to make come true for someone you know (the “Essay”). You may also, but are not required to, include a photo to help document the Wish (“Photo”). Essay and Photo will collectively be referred to as your submission (“Submission”). If NBCU decides in its sole discretion to feature your Submission, you may be given the opportunity to show off your Submission on-air during the Show. Your Submission must be original (that is, created and/or written by you), true, and verifiable. Your Submission should not infringe on any third party rights, including without limitation, copyright, trademark, or patent, or create claims for idea misappropriation or breach of contract. In order to participate, you must be at least eighteen (18) years old and the age of majority in your state of residence. Your Submission must be submitted in the English language.
You understand that although you may believe your Submission to be unique and novel, there may be pre-existing ideas, concepts, or proposals that are similar to your Submission. By submitting your Submission, you 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, similar or identical ideas, concepts, or proposals that NBCU may have the right to use, and you understand that you will not be entitled to any compensation because of NBCU’s use of such similar or identical ideas, concepts, or proposals in any manner. You understand and agree that NBCU’s use of material containing features or elements similar or identical to those contained in your Submission will not obligate NBCU to negotiate with you or entitle you to any compensation if NBCU determines that it has an independent legal right to use that other material for any reason (for example, because the features or elements are not new or novel, were not originated by you, or were or may hereafter be independently created and submitted by other persons, including your employees).
By submitting your Submission, you agree that your Submission may be broadcast during the Show, on the Show’s website located at www.today.com (the “Website”), and in advertising for the Show on-air and off-air and on the Website (together, the “Materials”), and that NBCU may exploit your Submission and the Materials howsoever it chooses in any and all markets and media now known or hereafter devised, throughout the world in perpetuity, without additional notification, permission, approval, or compensation.
You grant NBCU, its licensees, successors, and assigns the non-exclusive, royalty-free, and irrevocable rights to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit your Submission and to incorporate your Submission in other works in any and all markets and media, now known or hereafter devised, throughout the world in perpetuity, without additional notification, permission, approval, or compensation. You warrant that you have the sole and exclusive right to grant such rights to NBCU and that NBCU’s reproduction, publishing, displaying, and/or other use of your Submission will not infringe on any rights of third parties, including, without limitation, copyright, trademark, patent, privacy, or publicity, or create claims for defamation, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract.
By submitting your Submission, you consent to the recording, use, and reuse by NBCU, its licensees, successors, and assigns of your voice, actions, likeness, name, appearance, biographical material, and any other identifying information, including without limitation, any information contained in your Submission, as used, edited, altered, fictionalized, or modified by NBCU, in its sole discretion, in any and all markets and media, now known or hereafter devised, throughout the world in perpetuity, including, without limitation, in and in connection with NBCU, the Show, the Website, or related sites or services, in and in connection with any television programs and other productions, and in and in connection with advertising, promotion, and publicity.
You acknowledge and agree that NBCU, its licensees, successors, and assigns will be entitled to retain any and all revenue generated from any sales, licenses, assignments, and other transfers of the rights granted by you hereunder, as well as any and all revenue generated by the display of any advertising, publicity, promotional materials, or distribution rights in connection with your Submission or the Materials. Nothing in these Terms of Submission obligates or may be deemed to obligate NBCU or any other person or entity to exercise any of the rights granted by you under these Terms of Submission. NBCU and its successors, licensees, and assigns, will have the unlimited right to assign these Terms of Submission and the rights granted by you under these Terms of Submission at any time, in whole or in part, to any party. You agree that NBCU, its licensees, successors, and assigns, shall have no obligation to give you credit for your Submission, but in their sole discretion may elect to do so.
Your Submission will not be acknowledged or returned. You acknowledge and agree that you are sending your Submission voluntarily and not in confidence, and that no confidential relationship is intended or created between NBCU and/or any other person or entity, on the one hand, and you, on the other hand, by your submission of the Submission.
You understand that there will be no payment for your submission of the Submission. You understand that no industry custom or practice applies to your agreement that you will not be paid for your Submission. You understand that if your Submission is selected for use, such use will not be considered an employment opportunity. If you do not want your Submission to be used and broadcast by NBCU or if you do not want to be featured on-air during the Show, then please do not participate.
NBCU shall have no obligation to copy, publish, display, or otherwise exploit the Materials or your Submission. Your Submission may not be identifiable. NBCU will have the right to make any changes to your Submission as it determines in its sole discretion. Your Submission should not contain material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive. You must have the permission of any person that you identify or otherwise refer to in your Submission.
To the extent that the Website’s Terms and Conditions of Use, located at http://www.today.com/id/3303540/ns/today/t/terms-use/ (the “Website Terms”), are not in conflict with these Terms of Submission, the Website Terms apply.