'Why I Like TODAY' Contest: Official rules
What I Like About TODAY
January 24, 2014—January 29, 2014
PRELIMINARY INFORMATION: NO PURCHASE NECESSARY. A purchase will not improve your chances of winning. Void in Alaska and Hawaii and where prohibited. The What I Like About TODAY (“Contest”) will begin on January 24, 2014 at 7:00 A.M. ET and end on January 29, 2014 at 2:00 P.M. ET (“Contest Period”). All times in the Contest refer to Eastern Time (“ET”). Odds of winning depend upon the number of eligible Entries received (defined below). Contest is subject to all applicable federal, state and local laws.
ELIGIBILITY: Open only to permanent, legal United States (“U.S.”) residents who are physically residing in one (1) of the forty-eight (48) continental United States or the District of Columbia (excluding Alaska, Hawaii, Puerto Rico, Guam, the Virgin Islands and other United States territories), and who are eighteen (18) years of age or older as of the start of the Contest Period. Officers, directors, and employees of Contest Entities (as defined below), members of these persons’ immediate families (spouses and/or parents, children, and siblings, and their spouses, regardless of where they reside), and/or persons living in the same households as these persons (whether or not related thereto) are not eligible to enter or win the Contest. Contest Entities, as referenced herein, shall include TODAY Show (“TODAY”) and NBCUniversal Media, LLC, both located at 30 Rockefeller Plaza, New York, NY 10112 (collectively, “Sponsors”), and their respective parent, subsidiary, and affiliate companies, and their administrative, advertising, and promotion agencies, and any other entity involved in the development, administration, promotion, or implementation of the Contest.
TO ENTER: During the Contest Period, visit the TODAY Show’s Facebook page located at https://www.facebook.com/today (the “Page”) and click “Like”. Once you have “Liked” the Page, you will be required to submit on the Page a statement (“Statement”), photo (“Photo”), or video (“Video”) on the following theme: “What I like about TODAY” (the “Entry”). The Entry must be submitted via a “Post” on the Page.
If you choose to submit a Statement for your Entry, Statement must be one hundred (100) words or less. Statement must be original (that is written by you) and submitted in the English language. You must have permission of any person who is referred to or identified in Statement. You may submit Statement online according to the provided instructions on the Facebook website.
If you choose to submit a Photo for your Entry, Photo must have been taken by you and you must have permission of any person who appears or is identified in Photo. Professional Photos and Photos with watermarks are not eligible. If any minors appear in Photo, the entrant must be that minor’s parent and/or legal guardian. You may submit Photo online according to the provided instructions on the Facebook website.
If you choose to submit a Video for your Entry, Video must be directly uploaded to the Page. Video must be no larger than one hundred (100) MB in size and no longer than sixty (60) seconds in length. If Video exceeds sixty (60) seconds in length, only the first sixty (60) seconds will be judged. Video must have been taken by you and you must have permission of any person who appears or is identified in Video. Video cannot have been created professionally. If any minors appear in Video, the entrant must be that minor’s parent and/or legal guardian. You may submit the Video online according to the provided instructions on the Facebook website.
All Entries become the property of Sponsors and will not be acknowledged or returned.
You must submit the Statement or Photo or Video (collectively referred to herein as the “Submissions”) as part of your Entry to enter and be eligible for the Contest. By entering the Contest, entrants grant Sponsors the non-exclusive, royalty-free, and irrevocable rights to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit the Submissions and to incorporate the Submissions in other works in any and all markets and media worldwide in perpetuity. Entrants warrant that they have the sole and exclusive right to grant such rights to Sponsors and that the Sponsors' reproduction, publishing, displaying, and/or other use of the Submissions will not infringe on any rights of third parties, including, without limitation, copyright, trademark, privacy, or publicity, or create claims for defamation, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract. If any Submissions contain material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive or if any Submissions do not comply with these Official Rules or meet Sponsors’ standards for any reason, as determined by Sponsors in their sole discretion, such Submissions (and the related Entries) may be rejected as ineligible for consideration and/or deleted from the Page. Entries must comply with all applicable laws, rules, and regulations. Sponsors shall have no obligation to copy, publish, display, or otherwise exploit the Submissions.
You may enter once during the Contest Period. Multiple Entries received from any person or Facebook account beyond this limit will void all such additional Entries. Entries must be received before Wednesday, January 29, 2014 at 2:00 P.M. ET to be eligible for the Contest. Sponsors’ computer shall be the official timekeeper for all matters related to this Contest. Any person found to have used multiple Facebook accounts to enter will be deemed ineligible and disqualified. Entries generated by a script, macro, or other automated means will be disqualified.Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. In case of a dispute over the identity of an entrant, the authorized account holder of the Facebook account used to enter will be deemed the entrant. “Authorized account holder” of a Facebook page is defined as the person who is assigned to a Facebook account by the Facebook website. Sponsors reserve the right to deem that the Entry was made by the registered subscriber of the email address or Facebook account submitted at the time of entry. Entry constitutes permission (except where prohibited by law) to use entrant’s name, Facebook user name, city, state, likeness, image, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval.
JUDGING: SELECTION AND NOTIFICATION OF FINALISTS AND THE WINNER: There will be two (2) rounds of judging: round 1: initial judging to determine the Finalists; and round 2: public voting to determine the Winner.
Round 1: Initial Judging to Determine the Finalists:
On or about January 29, 2014, a panel of qualified judges selected by Sponsors (“Judges”) will review the eligible Entries received during the Contest Period and select up to five (5) finalists (each a “Finalist”) based on the following judging criteria (“Judging Criteria”): Originality (50%) and Creativity (50%). Each Finalist will advance to Round 2: Public Voting to Determine the Winner, subject to verification of eligibility. The selection and review process may occur on a rolling basis as Entries are received. In the event of a tie, the Judges will break the tie by selecting the tied entrant who received the highest points from the Judges for Originality to advance to Round 2: Public Voting to Determine the Winner. In the event a tie remains, an additional tie-breaking judge will judge the tied Entries, using the Judging Criteria, to determine which of the tied Entries will advance to Round 2: Public Voting to Determine the Winner. Sponsors reserve the right to pick fewer than five (5) Finalists (or none at all) or to extend the Contest Entry Period if the Contest does not receive a sufficient number of eligible and qualified Entries, as determined by Sponsors in their sole discretion.
Round 2: Public Voting to Determine the Winner: Beginning on or about Friday, January 31, 2014, the Finalists’ Entries will be posted on the Page in a randomized manner for public viewing and voting. On or about Friday, January 31, 2014, at 7:00 A.M. ET until Friday, January 31, 2014, at 2:00 P.M. ET, or on such other dates and at such other times as determined by the Sponsors in their sole discretion (the “Voting Period”), visitors to the Page may vote for his or her favorite Finalist according to Judging Criteria, voting rules, and procedures established by the Sponsors, which will be posted on the Page. The Finalist who receives the most votes during the Voting Period, as determined by Sponsors in their sole discretion, will be the winner (“Winner”), subject to verification of eligibility and compliance with these Official Rules. In the event of a tie, ties will be broken as described above with Finalists. The Voting Period, voting rules and procedures and voting methods are subject to change, at the Sponsors’ sole discretion, and any changes will be posted on the Page. Voting is currently limited to one (1) vote per person per day during the Finalists Voting Period, but Sponsors reserve the right to change the limit on the number of votes, in their sole discretion. Notification regarding any such change will be announced on the Page. Potential Winner will be notified by direct Facebook message or Facebook comment on the Post with the Winner’s name tagged. Winner will be required as a condition of continued eligibility to sign an Affidavit of Eligibility, Waiver of Liability, and, except where prohibited, Publicity Release (collectively, “Contest Documents”) within one (1) day of such notification. Noncompliance within this time period will result in disqualification. If the potential Winner cannot be reached, is found ineligible, does not satisfactorily execute all of the Contest Documents, or cannot or does not comply with the foregoing requirements and these Official Rules, or if his or her prize or prize notification is returned as undeliverable, potential Winner will be disqualified and Sponsors will award the Prize (defined below) to the runner-up Finalist, subject to verification of eligibility and compliance with these Official Rules.
PRIZE: There will be one (1) prize awarded (“Prize”) to the Winner. Prize consists of the following: a trip (the “Trip”) to New York City, NY for Winner and one (1) guest (“Guest”). Trip will consist of the following elements, each as determined by Sponsors in their sole discretion: round-trip coach-class airfare for Winner and Guest from a major airport near Winner’s residence to a major airport in the New York metropolitan area (the “NY Airport”); two (2) nights/three (3) days of standard accommodations (single room, double occupancy) at a hotel located in or near the New York metropolitan area (“Hotel”) in February 2014 for Winner and Guest; and round-trip ground transportation from the NY Airport to the Hotel for Winner and Guest. Winner must be able to travel February 3, 2014 through February 5, 2014 (or on such other dates designated by Sponsors). Prize is subject to certain terms and conditions as specified by issuer.
Estimated Retail Value (“ERV”) of Prize is two thousand dollars ($2,000). Actual Retail Value (“ARV”) of Prize may vary. Any difference between ERV and ARV will not be awarded. For any Prize with an ARV of six hundred dollars ($600) or more, Sponsors will furnish an Internal Revenue Service Form 1099 to Winner for the ARV of Prize for the year in which Prize was won.
All details of Prize will be determined by Sponsors in their sole discretion. Sponsors reserve the right to substitute a similar prize (or prize element) of comparable or greater value. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prize are the sole responsibility of Winner. Prize cannot be transferred by Winner or redeemed for cash and is valid only for the items detailed above, with no substitution of Prize by Winner. If Prize is unclaimed within a reasonable time after notification from Sponsors, as determined by Sponsors in their sole discretion, it will be forfeited, and time permitting, an alternate Winner may be selected from the remaining eligible Entries at Sponsors’ sole discretion.
All details of Trip will be determined by Sponsors in their sole discretion. Winner must be able to travel February 3, 2014 through February 5, 2014 (or on such other dates designated by Sponsors). The Trip awarded to the Winner must be taken within dates provided by the Sponsors or the Prize will be forfeited. Travel arrangements must be made through Sponsors’ agent, on a carrier of Sponsors’ choice. Certain travel restrictions and black out dates may apply. Sponsors have the right in their sole discretion to substitute ground transportation for air transportation depending on Winner’s place of residence. Winner and Guest must travel together on the same itinerary, including the same departure date, destination and return date, and must have valid travel documents (e.g., valid government issued photo ID and/or passport) prior to departure, and failure to do so will result in forfeiture of Prize. Sponsors will not replace any lost or stolen tickets, travel vouchers or certificates. Once travel commences, no unscheduled stopovers are permitted; if an unscheduled stopover occurs, full fare will be charged from stopover point for the remaining segments, including return, of the trip. Sponsors are not liable for any expenses incurred as a consequence of flight cancellation/delay. Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. All travel and lodging will be at the risk of Winner and Guest. Winner is solely responsible for all expenses and costs associated with acceptance and/or use of Prize not specifically stated herein as being awarded, including, without limitation any and all taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prize, travel insurance, ground transportation (other than as described above), security and airport fees, taxes, insurance, gasoline, meals, gratuities, and souvenirs. Sponsors shall have the right, but not the obligation, to make any deductions and withholdings that Sponsors deem necessary or desirable under applicable federal, state and local tax laws, rules, regulations, codes or ordinances. Guest, if any, may be required to execute and return releases of liability and, except where prohibited, publicity releases (collectively, “Guest Documents”), which must be returned with the Contest Documents, or Guest portion of the Prize will be forfeited. If Guest is a minor, Winner must be such minor’s parent or legal guardian and must execute and return the Guest Documents on such minor’s behalf.
CONDITIONS: By entering the Contest, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators (a) to release and hold harmless Contest Entities, Facebook, Twitter, and their respective officers, directors, and employees (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in the or Contest and/or his/her acceptance, possession, use, or misuse of Prize or any portion thereof (including any travel related thereto); (b) to indemnify Released Parties from any and all liability resulting or arising from the Contest and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to Prize, including express warranties provided exclusively by prize supplier that are sent along with Prize; (c) if selected as a Winner, to the posting of such entrant’s name on Facebook.com/TODAY (the “Website”) and the use by Released Parties of such name, voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Contest itself, and to be bound by all decisions of the Sponsors, which are binding and final.Failure to comply with these conditions may result in disqualification from the Contest at Sponsors’ sole discretion.
ADDITIONAL TERMS: Sponsors reserve the right to permanently disqualify from any promotion any person they believe has intentionally violated these Official Rules. Any attempt to deliberately damage the Contest or the operation thereof is unlawful and subject to legal action by Sponsors, who may seek damages to the fullest extent permitted by law. The failure of Sponsors to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsors (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these Official Rules. Released Parties assume no responsibility for any injury or damage to entrants’ or to any other person’s computer relating to or resulting from entering or downloading materials or software in connection with the Contest. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of entry information; for errors in any promotional or marketing materials or in these Official Rules; for any human or electronic error; or for entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned. Sponsors reserve the right to cancel, modify, or suspend the Contest or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules). In the event of cancellation, modification, or suspension, Sponsors reserve the right to select Winner(s) in a random drawing from among all eligible, non-suspect entries received prior to the time of the event warranting such cancellation, modification, or suspension. Notice of such cancellation, modification, or suspension will be posted on the Website. Sponsors may prohibit any entrant or potential entrant from participating in the Contest, if such entrant or potential entrant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsors, or Sponsors’ agents or representatives; or behaves in any other disruptive manner (as determined by Sponsors in their sole discretion).
DISPUTES: The Contest is 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 OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
WINNER ANNOUNCEMENT: For the name of the Winner, available after January 31, 2014 visit Facebook.com/TODAY or send a self-addressed, stamped envelope to be received by March 31, 2014 to: What I Like About TODAY Contest, 30 Rockefeller Plaza, New York, NY 10112. Attn: Lauren Sullivan.
This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants are providing information to Sponsors and not to Facebook.