PRELIMINARY INFORMATION: NO PURCHASE NECESSARY to enter or win. Void where prohibited. The Today Show’s “The Wizarding World of Harry PotterTM at Universal Orlando Resort” Contest (the “Contest”) begins on February 3, 2010, at 8:30 AM ET and ends on March 26, 2010, at 5:00 PM ET (“Contest Entry Period”). All times in the Contest refer to Eastern Time (“ET”). Contest is subject to all applicable federal, state and local laws.
SPONSORS: The Today Show (“TODAY”) and NBC Universal, Inc. (“NBCU”), both located at 30 Rockefeller Plaza, New York, NY 10112 shall be the sponsors of this Contest and shall be referred to herein collectively as “Sponsors”.
ELIGIBILITY: Open only to permanent, legal U.S. residents who are physically residing in one (1) of the forty-eight (48) United States or the District of Columbia (excluding Alaska, Hawaii, Puerto Rico, Guam, the U.S. Virgin Islands and other United States territories), and who are twenty-one (21) years of age or older as of the start of the Contest Entry Period, and currently employed as a teacher of students between five (5) and eighteen (18) years of age in a U.S. school. 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 Sponsors, Universal City Development Partners, Ltd. d/b/a Universal Orlando® Resort (“Universal”), 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. Contestants must also be of good moral character. Sponsors reserve the right to exclude anyone convicted of a crime (other than moving violations of a misdemeanor type that did not involve personal injury, drugs or alcohol). Contestants must have nothing in their background that would be an embarrassment to Sponsors. Sponsors reserve the right to disqualify contestants for not meeting any of the requirements outlined above or for any other reasons, in Sponsors’ sole discretion. Contestants must agree that, if selected as a Winner (as defined below), they will be available to travel to Orlando, Florida with the Grand Prize Winning Class (as defined below) on dates chosen by Universal its sole discretion. NOTE: Prior to submitting an entry, you should obtain the permission of your school and the students (or such students’ parents or legal guardians if such students are minors in their state of legal residence), as described below, in the event you are selected as a Finalist in the Contest.
HOW TO ENTER: To enter the Contest, log on to www.todayshow.com (the “Website”) during the Contest Entry Period, click on the Contest icon and follow the provided instructions to download, print out and complete the provided entry form (the “Entry Form”), which includes your name, address, telephone number, email address, date of birth, school name, school address, Class grade, how many years you have been a teacher and the subject you teach. As part of your entry, you will also be required to prepare a video (“Video”) about your class (the “Class”) which must feature, at minimum, a full-length image of you, the teacher, answering the following question: “Why is my class extraordinary?” (“Question”). The Video must be no longer than three (3) minutes in length and must be in the English language. If a Video is longer than three (3) minutes, only the first three (3) minutes will be reviewed and judged. You must appear in your Video. Your Video may also feature students from your Class. You must have the permission of ALL persons appearing in your Video including the parents or legal guardians of any persons who appear in your Video who are under the age of eighteen (18). NOTE: You must also obtain written permission from the parents or legal guardians of any persons who appear in your Video who are under the age of thirteen (13), if any. You must download the appropriate Minor Release Form from the Website, have the form signed by the parent or legal guardian of each person under the age of thirteen (13) who appears in your Video, and send the signed copies as part of your Entry, or your Entry may be disqualified.
You may submit your Video in DVD format only. Then, print your name, address, telephone number, and email address on a label, affix the label to your Video, and send the labeled Video, the signed Minor Release Form(s) for any person under the age of thirteen (13) who appears in your Video, if any, and your completed Entry Form (“Entry”) in a single package to the following mailing address: The Today Show’s “The Wizarding World of Harry Potter at Universal Orlando Resort” Contest, c/o The Today Show, 30 Rockefeller Plaza, New York, NY 10112. Videos must be original, unpublished, must not have been submitted in any other competition, and must not include any music, singing, photos, film, or other images that are not originally created or taken by you and must not infringe upon any rights of any third party, including but not limited to copyright, trademark, and right of privacy and publicity in your Video. There must not be any background containing artwork or recognizable commercial logos, or any inappropriate or offensive materials in the Video. By entering, you agree that the Video and any other portion of your Entry may be broadcast on TODAY, posted on the Website, and in promotions and advertisements for Sponsors in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval. NOTE: You must have the permission of your school’s principal, or a school administrator with the authority to grant such permission, in order to enter and participate in the Contest, and be able to provide written proof of such permission at Sponsors’ request or your entry may be disqualified as determined by Sponsors in their sole discretion. All Entries become the property of Sponsors and will not be acknowledged or returned. All Entries must be received by TODAY no later than March 26, 2010, at 5:00 pm ET to be eligible for the Contest.
Limit one (1) entry per person for the duration of the Contest Entry Period. Each Class may be nominated only once during the duration of the Contest Entry Period. Multiple entries received from any person or in reference to any Class above these limits will void all such additional entries. Entries that are incomplete, illegible, garbled, late, postage due, damaged, corrupted, or unintelligible for any reason are void and will not be accepted. Entry constitutes permission (except where prohibited by law) to use contestant’s name, city, state, likeness, 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.
GRANT OF RIGHTS/SUBMISSION GUIDELINES
You must submit the Video as part of your Entry in order to enter and be eligible for the Contest. By entering the Contest, contestants grant Sponsors the non-exclusive, royalty-free, and irrevocable rights to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, edit (including for length) and otherwise exploit the Video and to incorporate the Video in other works in any and all markets and media worldwide in perpetuity. Contestants 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 Video 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 Video contains material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive or if any Video does not comply with these Official Rules or meet Sponsors’ standards for any reason, as determined by Sponsors in their sole discretion, such Video (and the related Entry) may be rejected as ineligible for consideration. Entries must comply with all applicable laws, rules, and regulations. Contestant also warrants that he/she has obtained: (A) permission from the parents or legal guardians of all persons under the age of eighteen (18) who appear in contestant’s Video; and (B) written permission, (i) when photographing and/or videotaping on property not owned or controlled by contestant, where such permission is required, and (2) from the parents or legal guardians of any persons who appear in contestant’s Video who are under the age of thirteen (13). Upon request, you must provide TODAY with signed releases from the owners of any property where you photographed or videotaped. Sponsors shall have no obligation to copy, publish, display, or otherwise exploit the Video.
Past experience has confirmed that contests and other competitions of this nature generate substantially similar submissions or entries that closely resemble concepts and ideas that have been independently developed by Released Parties (as defined below) before or after the Contest. Accordingly, contestants may subsequently see a Released Party presentation that seemingly incorporates an idea or concept or includes materials similar to that contained in their Entry. Any similarity is purely coincidental and unavoidable in light of the volume of ideas that Released Parties routinely consider in the course of their business development.
SELECTION AND NOTIFICATION OF FINALISTS AND WINNER: A panel of qualified judges selected by Sponsors comprised of employees of TODAY (“Judges”) will review the eligible entries received during the Contest Entry Period based on the following judging criteria (the “Judging Criteria”): Originality and Creativity (30%), Responsiveness to Question (30%), Camera Readiness (20%), and Clarity of Communication (20%). All valid Entries will be reviewed on a continuing and rolling basis as they are received. Judging will be based on the Videos as well as any telephone or personal interviews or other solicitations for more information that TODAY may elect to conduct with some or all contestants. In the event of a tie, the tied Entries will be judged by an additional tie-breaking judge using the Judging Criteria to determine which of the tied contestants will advance to the voting stage (as described below). Representatives of TODAY will contact the contestants whose Entries received the four (4) highest scores from the Judges (each a “Finalist”), using the phone number and/or email address submitted with the Entry. All potential Finalists will be selected subject to verification of eligibility and compliance with the terms of these Official Rules. NOTE: If chosen as a potential Finalist, you must have the permission of your school and the students in your class who wish to participate (or such students’ parents or legal guardians if such students are minors in their state of legal residence), as described below, in order to continue as a Finalist in the Contest. If a potential Finalist does not respond within twenty-four (24) hours of the initial contact, or does not obtain the permission of his/her school and the students in your class who wish to participate (or such students’ parents or legal guardians if such students are minors in their state of legal residence) (as described below), such potential Finalist may be disqualified and Sponsors may, in their sole discretion, select the runner-up contestant with the next highest scores based on the Judging Criteria as a potential Finalist.
All Finalists will be required as a condition of continued eligibility to: (a) complete and sign a Prize Affidavit and Claim form (including a Waiver of Liability), Affidavit of Eligibility, Universal’s Taping Release, and any required taxpayer information form (e.g, Form W-9) (collectively “Prize Documents”) and, except where prohibited, a Publicity Release; (b) identify the students and chaperones that will participate in the Trip (as defined below) if Finalist’s Class is chosen as the Grand Prize Winning Class and obtain Prize Documents signed by no less than thirty percent (30%) of the students in the Finalist’s Class (or such students’ parents or legal guardians if such students are minors in their state of legal residence) and all of the chaperones; and (c) return the Prize Documents within ten (10) days of the receipt of the Prize Documents to Universal at the address given in the Prize Documents. Noncompliance within this time period will result in disqualification. If for any reason any of the potential Finalists, the potential Finalists’ students, the parents or legal guardians of such potential Finalist’s minor students, and/or the designated chaperones do not meet any of the above requirements, each as determined by Sponsors in their sole discretion, the potential Finalist may be disqualified and the Judges may select the runner-up contestant with the next highest score based on the Judging Criteria as an alternate potential Finalist. Sponsors reserve the right to select less than four (4) or no Finalists, extend the Contest Entry Period, or cancel the Contest, if an insufficient number of eligible, complete, tasteful, appropriate, or generally qualified Entries are received by Sponsors, as determined by Sponsors in their sole discretion.
APPEARANCE ON TODAY
Each potential Finalist must agree to make themselves and their Class available to be videotaped and/or interviewed by TODAY at their school (or in another location selected by TODAY in its sole discretion) between March 22, 2010, and April 9, 2010, or on such other dates as designated by TODAY in its sole discretion for a televised segment which may be broadcast on TODAY (“Segment”) as determined by Sponsors in their sole discretion. On or about Friday, April 23, 2010, or on such other dates as designated by TODAY in its sole discretion, each of the Segments may be aired on TODAY. Immediately following each Segment’s appearance on TODAY, if any, or on such other date as designated by Sponsors in their sole discretion, the Finalists’ Videos (or portions thereof), clips from the Segments, if any, and any other relevant information as determined by the Sponsors in their sole discretion (collectively, the “Finalists’ Information”), will be posted on the Website for public viewing and voting (as described below). The Class that receives the most votes during the designated voting period, as determined by Sponsors in their sole discretion, will be the potential winner of the Grand Prize (“Grand Prize Winning Class”) subject to verification of eligibility and compliance with these Official Rules. The Grand Prize Winning Class will be awarded the Grand Prize (as defined below). In the event of a tie during the voting portion of the Contest, the tied Entries will be judged by an additional tie-breaking judge, using the Judging Criteria, to determine which of the tied Finalists’ Classes will be the potential Grand Prize Winning Class. NOTE: The Grand Prize Winning Class’s must meet all of the eligibility requirements outlined above and throughout these Official Rules or Grand Prize will be forfeited.
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Finalists and their Classes may be required to execute and return additional documents, which, among other things, will permit the Sponsors to record and/or broadcast their appearance on TODAY, however, Sponsors are under no obligation whatsoever broadcast their appearance, if any. Date and/or time of TODAY appearance is subject to change. TODAY appearance is subject to cancellation. No retail value is associated with the on-air appearance. If TODAY is not in production or the TODAY appearance is cancelled for any reason, no compensation will be awarded, and Sponsors shall have no obligation to Winner with respect to such appearance or lack thereof.
On or about Friday, April 23, 2010, at 8:30 AM ET to Thursday, April 29, 2010, at 5:00PM ET, (the “Voting Period”), or on such other dates and at such other times as determined by TODAY in its sole discretion, visitors to the Website may vote for one (1) Finalist’s Class according to the voting rules and procedures established by TODAY, which will be posted on the Website. At the start of the Voting Period, each Finalist’s information will be posted on the Website in a randomized manner. After viewing the Finalists’ Information, visitors to the Website may vote online for the Finalists’ Class that such visitors believe are the most extraordinary by following the provided instructions or as otherwise instructed by TODAY. The Voting Period, voting rules and procedures and voting methods are subject to change at TODAY’s sole discretion, and any changes will be posted on the Website. Decisions of Sponsors and Judges are final and binding with respect to all matters related to the Contest, including the voting process.
NOTIFICATION OF GRAND PRIZE WINNING CLASS
Following the Voting Period, Sponsors will make two (2) attempts to notify the Finalists at the phone number and/or email address submitted at the time of entry. The Finalists must agree to make themselves and their Classes available and agree to appear live on TODAY, if requested to do so by TODAY and to otherwise be available to be videotaped and/or interviewed by TODAY, at their school (or in another location selected by TODAY in its sole discretion), on dates selected by TODAY for the announcement of the Grand Prize Winning Class.
RECORDINGS: Sponsors, in their sole discretion, may choose to record and/or broadcast the appearance(s) of Finalists and/or their Classes on TODAY, if any. If Sponsors, in their sole discretion, elect to incorporate any audio and/or video recording of the Finalists and/or their Classes (each, a “Recording”) into TODAY or other television shows, the taping and/or the Recording will not be considered an employment opportunity, and neither the Finalists nor their Classes will be entitled to compensation or credit therefor. TODAY will determine the nature of any Recording in its 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 TODAY in its sole discretion. Each Finalist and/or the students in his/her Class who wish to participate in a Recording (or such students’ parents or legal guardians if such students are minors in their state of legal residence) will be required to return completed and signed appearance releases, confidentiality agreements and such other documents as may be required by TODAY prior to their appearance(s) on TODAY, if any. Failure of a Finalist and/or the students in his/her Class (or their parents and legal guardians, as applicable) to complete and execute these documents in a timely manner, as determined by TODAY in its sole discretion, may cause the Finalist to be disqualified, as determined by the Sponsors in their sole discretion. 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 TODAY in its sole discretion. Each Finalist and his/her Class will have no 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 a Finalist and/or his/her Class, cause the Grand Prize to be forfeited, and/or remove such Finalist and/or his/her Class from the Recording at any time, if Finalist and/or his/her Class’ behavior is deemed by TODAY 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 Finalist and/or his/her Class do 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.
PRIZE: There will be one (1) Grand Prize awarded, consisting of the following: A three (3) day/two (2) night trip (the “Trip”) during the opening celebration festivities (“Opening Celebration”) of The Wizarding World of Harry Potter™ at Universal’s Islands of Adventure, in Orlando, Florida for up to thirty (30) students from the Grand Prize Winning Class, the teacher of the Grand Prize Winning Class, and up to (5) chaperones as determined by pre-established school travel guidelines (collectively referred to herein as “Winners”). The Trip will be awarded as follows and shall include the following elements, each as determined by Universal in its sole discretion: (1) Roundtrip, coach/economy class air transportation from the major airport closest to Winners’ location to Orlando, Florida. Winners will be responsible for ground transportation to/from the airport at point of origin and will be notified of the exact dates of the Opening Celebration in Spring 2010; (2) Ground transfers to/from the airport in Orlando, Florida and to/from the hotel and the Universal Orlando theme parks, if needed; (3) Hotel accommodations, room and tax only, (standard room, quad occupancy), at a hotel on-site or near Universal Orlando® Resort, for two (2) consecutive nights. Members of Grand Prize Winning Class, including teacher and chaperones, will be required to share rooms. Hotel accommodations do not include meals, incidentals, tips, telephone calls, or any other personal expenses incurred during the trip, not specified here; (4) Complimentary admission for two (2) consecutive days to two (2) Universal Orlando theme parks: Universal Studios and Universal’s Islands of Adventure – including The Wizarding World of Harry Potter™ at Universal’s Islands of Adventure; (5) Early park admission to Universal’s Islands of Adventure for both of the above days; and (6) Two (2) meals on both of the above days at a venue selected by Universal in its sole discretion, awarded as either specific theme park restaurant/meal arrangements or “Universal Dollars” valid for use at specified restaurants within the Universal Orlando theme parks, as determined by Universal in its sole discretion. All theme park tickets are valid during normal operating hours only. Operating hours and availability of attractions and shows are subject to change without notice. Some special events may be separately ticketed. Universal reserves the right to change the name of all tickets. Except as otherwise indicated herein, all tickets specifically exclude admission to special or separately ticketed “hard ticket” entertainment events at either of the theme parks, hotels, or within any of the Universal CityWalk venues such as Hard Rock Live® and the Blue Man Group show.
Trip must be completed no later than one (1) day following the date of the end of the Opening Celebration or on such other date as designated by Universal. Blockout dates or other restrictions may apply as dictated by airline and/or hotel. Travel arrangements must be made a minimum of twenty-five (25) days prior to travel and are subject to availability. All elements of the Grand Prize must be redeemed at the same time, and no changes shall be permitted after confirmation. If Winners are unable to redeem Grand Prize during the designated time period, Grand Prize will be forfeited and Sponsors shall have no further prize obligation to Winners. Chaperones must be twenty-one (21) years of age or older. If a student is below the age of eighteen (18), or otherwise below the age of majority in their state of residence, each such student must obtain his/her parent’s or legal guardian’s permission according to pre-established school guidelines in order to participate in the Trip. Students must be accompanied by teacher and/or chaperones in order to check in to hotel. Trip is non-transferable and cannot be exchanged for cash. Winners must travel at the same time and must depart from the same city/airport. NOTE: Airfare and ground transportation portions of Grand Prize are void if Grand Prize Winning Class resides in Florida. Instead, if Grand Prize Winning Class resides in Florida, Grand Prize Winning Class will receive complimentary Universal Orlando parking passes for the five (5) chaperones, teacher and buses transporting the students valid for two (2) consecutive days and no further compensation will be awarded in lieu of air transportation portion of Grand Prize.
Estimated Retail Value (“ERV”) of the Grand Prize is Nine Hundred Sixty and no/100 U.S. Dollars ($960) per person plus the Tax Mitigation Amount (as defined below). Total ERV of Grand Prize is up to Thirty Four Thousand Five Hundred Sixty Dollars ($34,560) plus the total Tax Mitigation Amount paid to all Winners. Actual value of Grand Prize may vary depending on total number of Winners (i.e., actual number of students and chaperones), departure date and location, and fare fluctuation for the Trip. Any differences between stated ERV and actual retail value will not be awarded. Trip is subject to space availability, select blockout dates and other travel restrictions. Winners will receive an Internal Revenue Service Form 1099 from Universal Orlando for the total ARV of Grand Prize for the calendar year in which Grand Prize was won.
All details of Grand Prize will be determined by Universal in its sole discretion. Universal reserves the right to substitute a similar Grand Prize (or Grand Prize element) of comparable or greater value in its sole discretion. Other restrictions may apply. All taxes associated with the acceptance and/or use of Prize are the sole responsibility of Winner. Universal will provide each Winner (or such Winner’s parent or legal guardian, if Winner is a minor in his or her state of residence) with a payment in an amount intended to mitigate any potential tax liability (“Tax Mitigation Payment”) as determined by Universal in its sole discretion. The aforementioned amount will be based on a standard tax rate which may be higher or lower than the Winner’s actual individual tax rate, as determined by Universal in its sole discretion. All other expenses, costs, fees or additional tax associated with the acceptance and/or use of Grand Prize are the sole responsibility of Winner. Grand Prize cannot be transferred by a Winner or redeemed for cash and is valid only for the items detailed above, with no substitution of Grand Prize by a Winner. No other travel elements (including, without limitation, insurance, gasoline, meals, gratuities, souvenirs, baggage fees, etc.) are included in Grand Prize. Airline tickets are non-refundable and are valid only for travel on airline chosen by Universal in its sole discretion. Airline tickets will be issued only to Winners. Airline tickets are void if sold for cash or other consideration. Each Winner is responsible for any additional tax liability related to travel, including applicable departure taxes or fees, all taxes and fees assessed at the time of ticketing, inspection charges, and security charges. Once issued, airline tickets are non-transferable and may not be reissued once travel has commenced. Open airline tickets may not be issued and stopovers are not 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. Winners must have valid travel documents (e.g., valid government-issued photo identification and/or passport) prior to departure. Travel arrangements must be made through Universal. Sponsors shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of Grand Prize due to reasons beyond Sponsors’ control, and are not responsible or liable for any expenses incurred as a consequence thereof.
TAPING BY UNIVERSAL: Universal, in its sole discretion, may choose to videotape, record, reproduce and/or broadcast the appearance(s) of Finalists, and/or their Classes, and the Winners in connection with the Contest and the Grand Prize, as applicable. If Universal, in its sole discretion, elects to incorporate any audio and/or video recording of the Finalists and/or their Classes, and/or the Winners (each referred to as “Footage”) into any advertising, publicity, promotional, merchandise and/or other commercial activities related to the Contest and/or Universal, none of the Finalists, their Classes or the Winners will be entitled to compensation or credit therefor. Universal will determine the nature of any Footage in its sole discretion. If the Footage is used for any advertising, publicity, promotional, merchandise and/or other commercial activities related to the Contest and/or Universal, such use will be at a time, for a length of time, and on a date determined by Universal in its sole discretion. Each Finalist and/or the students in his/her Class who wish to participate in Footage (or such students’ parents or legal guardians if such students are minors in their state of legal residence) will be required to return completed and signed appearance releases, confidentiality agreements and such other documents as may be required by Universal prior to taping of Footage. Failure of a Finalist and/or the students in his/her Class (or their parents and legal guardians, as applicable) to complete and execute these documents in a timely manner, as determined by Universal in its sole discretion, may cause the Finalist to be disqualified, as determined by the Sponsors and Universal in their sole discretion. The content of the Footage as, and if, finally use and the number of uses and re-uses thereof, if any, will be determined by Universal in its sole discretion. Each Finalist and his/her Class will have no right of review, notice, or approval of the content of the Footage or any uses or exploitation thereof. Universal has the right, in its sole discretion, to disqualify a Finalist and/or his/her Class, cause the Grand Prize to be forfeited, and/or remove such Finalist and/or his/her Class and/or the Winners from the Footage at any time, if Finalist, and/or his/her Class’, and/or the Winners behavior is deemed by Universal to be disruptive or if it may or does cause damage to person, property, or reputation of Universal or if it otherwise violates Universal’s policies, or if Finalist and/or his/her Class and/or the Winners do not follow the directions of Universal 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 contestant agrees for contestant and for contestant’s heirs, executors, and administrators and each member of the Finalist Classes and Grand Prize Winning Class (or the parent or legal guardian of any minor member of the Finalist Classes or the Grand Prize Winning Class) agrees for himself/herself and for his/her heirs, executors and administrators: (a) to release and hold harmless Contest Entities 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 contestant’s participation in the Contest and/or his/her acceptance, possession, use, or misuse of Grand Prize or any portion thereof (including any travel or activity 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 Grand Prize, including express warranties provided exclusively by Grand Prize supplier that are sent along with Grand Prize; (c) if selected as a Winner, to the posting of such person’s name on 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. 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 based on the Judging Criteria and/or the voting as described in these Official Rules 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 contestant or potential contestant from participating in the Contest, if such contestant or potential contestant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other contestant, Sponsors, or Sponsors’ agents or representatives; or behaves in any other disruptive manner (as determined by Sponsors in their sole discretion). 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 (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 contestants’ or to any other person’s computer relating to or resulting from 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.
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; provided, however, that claims for bodily injury, personal injury, or property damage arising out of the redemption, use or misuse of any prize (“PRIZE CLAIMS”) must be submitted to the jurisdiction and venue of the federal and state courts of the State of Florida, and construed and enforced in accordance with the laws of the State of Florida. EXCLUDING PRIZE CLAIMS, If ANY OTHER 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 Grand Prize Winning Class, and its teacher, which will be available after July 1, 2010, visit www.todayshow.com.