Dec. 17, 2013 at 5:29 PM ET
TODAY's Horrible Holiday Sweater Contest
Voting Rules and Procedures
These Voting Rules and Procedures for Today’s Horrible Holiday Sweater Contest (“Contest”) are subject to change at any time at the sole discretion of The TODAY Show and NBCUniversal Media, LLC (“Sponsors”). Void where prohibited.
Voting (“Voting”) is simple and easy. Go to www.today.com (Website) and follow the links to vote for one (1) of the five (5) contest finalists (“Finalist” or “Finalists”) who you think has the best horrible holiday sweater. The Finalist who receives the most Votes (as defined below) during the Voting Period, as determined by Sponsors in their sole discretion, will be named the potential winner (“Winner”) subject to verification of eligibility and compliance with the Official Rules. Voting will be conducted pursuant to these Voting Rules and Procedures and any such other rules and procedures as TODAY may from time to time designate.
Eligibility: “You must be eighteen (18) years of age or older to submit your vote (“Vote”).” You must be a permanent legal resident of the United States or the District of Columbia.
Voting Period and Restrictions: Voting is open from December 17, 2013 at 5:00 P.M. ET to Wednesday, December 18, 2013 at 11:59 P.M. ET (“Voting Period). Voting is currently limited to one (1) vote per person during the Voting Period, but TODAY reserves the right to change the limit on the number of Votes, in its sole discretion. Notification regarding any such change will be announced on-air and/or posted on the Web site.
How to Vote Online: Log onto the Website and view the Voting choices available during the applicable Voting Period. You may submit your Vote during the Voting Period by clicking on the box next to your selection for Today’s Horrible Holiday Sweater Contest. A checkmark will appear in the box confirming your selection.
General Conditions: TODAY has the right, in its sole discretion, to void any Vote that appears to have been made by a person not meeting the eligibility requirements set forth above or that appears to be an automated or duplicate Vote, and has the right to permanently disqualify from any Voting any person it believes has violated these rules. If for any reason the Voting is not capable of being run or implemented as planned, including, but not limited to, as the result of infection by computer viruses or bugs, tampering, unauthorized intervention, fraud, or any other cause beyond the control of TODAY, which is likely to, or actually corrupts or affects the administration, security, fairness, integrity, or proper conduct of the Voting, then TODAY reserves the right, in its sole discretion, to withdraw the transmission of any Vote and/or to terminate or suspend the Voting at any point and declare the Voting results based upon the Votes up to that point. In the event of technical difficulties with the Voting, including, but not limited to, mobile or Internet service interruptions, TODAY reserves the right to review the Votes for accuracy and to take any appropriate action, including, without limitation, voiding the Votes cast during the time period in which such technical difficulties occurred. TODAY, NBCUniversal Media, LLC, their respective parents, affiliates, subsidiaries, and advertising and promotion agencies, any other entity involved in the development or administration of the Voting, and each of their respective directors, officers, employees and assigns (collectively the “Released Parties”) are not responsible for any computer, network, technical, electronic, human or other errors or problems of any kind, for any injury or damage to participants or to any person’s computer or mobile phone relating to or resulting from Voting or downloading materials or software in connection with the Voting, or for Votes that are stolen, misdirected, garbled, delayed, lost, or late. By participating, each individual agrees to release and hold the Released Parties harmless against any and all claims and liability of any kind arising in whole or in part, directly or indirectly, out of their participation in the Voting.
Caution: Any attempt by you or any other individual to deliberately damage any online service, mobile phone service, or web site, tamper with the Voting process, or otherwise undermine the legitimate operation of the Voting is a violation of criminal and civil laws and should such an attempt be made, Released Parties reserve the right to seek damages and/or other remedies from any such person to the fullest extent permitted by law.
Disputes: THESE RULES, AND SUBMISSION OF YOUR VOTE, 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 OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
TODAY’s Horrible Holiday Sweater Contest
December 11, 2013 -—December 18, 2013
PRELIMINARY INFORMATION: No purchase necessary. A purchase will not improve your chances of winning. Void where prohibited. The Horrible Holiday Sweater Contest (“Contest”) will begin on December 11, 2013 at 6:00 P.M. ET and end on December 16 at 11:59 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. Contest is subject to all applicable federal, state and local laws.
ELIGIBILITY: Open only to permanent, legal 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 the TODAY Show, and NBCUniversal Media, LLC, both located at 30 Rockefeller Plaza, New York, NY 10112, and their respective parent, subsidiary, and affiliate companies, and administrative, advertising, and promotion agencies, and any other entity involved in the development, administration, promotion, or implementation of the Contest.
Limit one entry per person/email address during the Contest Period.
All Entries become the property of Sponsors and will not be acknowledged or returned. You must submit the Photo and Statement (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 TODAY Show Twitter 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.
Entries must be received before December 16, 2013 at 11:50 P.M. ET to be eligible for the Contest. Sponsors’ computer shall be the official timekeeper for all matters related to this Contest. You may enter once during the Contest Period. Multiple Entries received from any person or email address beyond this limit will void all such additional Entries. 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 Twitter account used to enter will be deemed to be the entrant. "Authorized account holder" of a Twitter account is defined as the person who is assigned to a Twitter account by the Twitter Website. Entry constitutes permission (except where prohibited by law) to use entrant’s name, Twitter 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: A panel of qualified judges selected by Sponsors (“Judges”) will review the eligible Entries received during the Contest Period and select five (5) potential finalists (“Finalist” or “Finalists”) on or about December 17, 2013 based on the following judging criteria (“Judging Criteria”): Originality (50%) and Creativity (50%). 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 as the potential Finalist. In the event a tie remains, the tied entries will be judged by an additional tie-breaking judge, using the Judging Criteria, to determine which of the tied entrants will be the potential Finalist. Decisions of Sponsors and Judges are final and binding with respect to all matters related to the Contest. Winning is subject to verification of eligibility. Sponsors reserve the right to pick fewer than five (5) Finalists, or to extend the Contest Period if in their sole discretion, Sponsors do not receive a sufficient number of eligible and qualified entries. Potential Finalists will be notified by direct message to potential Finalist’s Twitter account. Potential Finalists may be required to execute and return an affidavit of eligibility, release of liability, and, except where prohibited, publicity release (collectively, “Contest Documents”) within one (1) day of such notification. Noncompliance within this time period, with these Official Rules or the return of or inability to deliver any prize/prize notification may result in disqualification and, at Sponsors' discretion, and time permitting, an alternate potential Finalist may be selected from among all eligible remaining entries based on the Judging Criteria.
Public Voting: Beginning on or about December 17, 2013 at 5:00 P.M. ET, the Five Finalists’ Photos will be posted on the Website in a randomized manner for public viewing and voting. On or about December 17, 2013 at 5:00 P.M. ET until December 18 at 11:59 P.M. ET, or on such other dates and at such other times as determined by the Sponsors in their sole discretion (the “Public Voting Period”), visitors to the Website may vote for his or her favorite Finalist according to the voting rules, and procedures established by the Sponsors, which will be posted on the Website. The Public 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 Website. Voting is currently limited to one (1) vote per person per day during the Public 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 Website.
PRIZE: There will be one (1) prize (“Prize”) awarded. Prize consists of the following: a trip to the New York/New Jersey Metropolitan area (“Trip”) for Winner and one (1) guest (“Guest”) and an opportunity for Winner to participate in an on-air appearance (“Appearance”) as part of a TODAY show segment (“Segment”), scheduled to air between December 20 and December 24, 2013, or on such other date designated by Sponsors in their sole discretion. 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/New Jersey metropolitan area (“Destination Airport”); hotel accommodations (standard room/double occupancy) for Winner and Guest for one (1) night at a hotel in the New York/New Jersey metropolitan area (“Hotel”); round-trip, ground transportation between Destination airport and Hotel, and Hotel and set of TODAY in New York, NY (“TODAY Set”); and a daily meal stipend for two (2) days for Winner and Guest (amount for each day not to exceed fifty dollars ($50) each for Winner and Guest). Winner and Guest must be available (a) to travel to New York City between December 19, 2013 and December 25, 2013, or on such other date as specified by Sponsors in their sole discretion; and (b) must be available for a rehearsal for the Segment (“Rehearsal”) at TODAY Set one day before Segment, or Prize will be forfeited.
Estimated Retail Value (“ERV”) of Prize is three thousand, six hundred and fifty dollars ($3,650). Actual Retail Value (“ARV”) of Prize may vary. Any difference between ERV and ARV will not be awarded. Sponsors will furnish an Internal Revenue Service Form 1099 to Winner for the ARV of Prize for the tax year in which Prize was won (for prizes worth more than six hundred dollars ($600) or greater).
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.
Winner must be able to travel December 19 through December 25 (or on such other dates designated by 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. Hotel arrangements will be determined by Sponsors in their sole discretion. Sponsors shall have no responsibility or liability for cancellations and/or delays or any change by the air carrier(s), lodging facilities, or other company or any other persons providing any of the Prize elements for the Winner and Guest due to reasons beyond Sponsors’ control.
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 or fees associated with the acceptance and/or use of Prize, travel insurance, ground transportation (other than as described above), security and airport fees, 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.
If Winner chooses to travel with no Guest, the remaining elements of Prize shall constitute full satisfaction of Sponsors’ Prize obligation to Winner and no additional compensation will be awarded. 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 Sweepstakes 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.
RECORDING: Sponsors, in their sole discretion, may choose to record and/or broadcast the Appearance of Winner on TODAY. If Sponsors, in their sole discretion, elect to incorporate any audio and/or video recording of Winners (the “Recording”) into TODAY or other television shows, the taping and/or the Recording will not be considered an employment opportunity, and Winner will not be entitled to compensation or credit thereof. Sponsors will determine the nature of the Recording in their sole discretion. If the Recording is broadcast, such broadcast will be at a time, for a length of time, and on a date determined by Sponsors in their sole discretion. Winner will be required to return completed and signed appearance releases, confidentiality agreements and such other documents as may be required by Sponsors prior to their Appearance on TODAY and participation in the Segment or Rehearsal, if any. Failure of Winner to complete and execute these documents in a timely manner, as determined by Sponsors in their sole discretion, may cause the Prizes to be forfeited. The content of the Recording as, and if, finally exhibited and the number of exhibits and re-airs thereof, if any, will be determined by Sponsors in their sole discretion. Winners will not have a right of review, notice, or approval of the content of the Recording or any exhibition or exploitation thereof. Sponsors have the right, in their sole discretion, to disqualify Winner, cause the Prizes to be forfeited, and remove Winner from TODAY at any time, if Winner’s behavior is deemed by Sponsors to be disruptive or if it may or does cause damage to person, property, or reputation of Sponsors or if it otherwise violates the policies of Sponsors, or if Winner does not follow the directions of Sponsors at all times. These Official Rules and the Contest itself are neither a contract nor an application for employment.
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, 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 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 Winners 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 at 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). Sponsors reserve the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes.
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 Friday, December 20, visit today.com, or send a self-addressed, stamped envelope to be received by February 20, 2013 to: TODAY’s Horrible Holiday Sweater Contest, 30 Rockefeller Plaza New York, NY 10112.
This Contest is in no way sponsored, endorsed or administered by, or associated with Twitter. Entrants are providing information to Sponsors and not to Twitter.