Kathie Lee and Hoda’s Fan of the Week Contest
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September 16, 2013 – September 14, 2014
PRELIMINARY INFORMATION: No purchase necessary. A purchase will not improve your chances of winning. Void where prohibited. The Kathie Lee and Hoda’s Fan of the Week Contest (“Contest”) will begin on September 16, 2013 at 12:01 AM ET and end on September 14, 2014 at 11:59 PM ET (“Contest Period”). All times in the Contest refer to Eastern Time (“ET”). Odds of winning depend upon the number of eligible Entries (defined below) received. Contest is subject 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 U.S. or District of Columbia (excluding Alaska, Hawaii, Puerto Rico, Guam, the U.S. Virgin Islands, and other U.S. 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 NBCUniversal Media, LLC and the Today Show (“TODAY”), both located at 30 Rockefeller Plaza, New York, NY 10112 (collectively, “Sponsors”), 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.
HOW TO ENTER: The Contest consists of fifty-two (52) weekly contests (each a “Weekly Contest”) conducted during the Contest Period. Each Weekly Contest will consist of: (i) a promotion period (a “Weekly Entry Period”) that will begin at 12:01 AM ET each Monday during the Contest Period (each a “Weekly Start Date”) and will end at 11:59 PM ET the following Sunday (each a “Weekly End Date”) and (ii) a Weekly Winner will be selected based on the Judging Criteria (defined below) from the entries received during the corresponding Weekly Entry Period. Entries for each Weekly Contest must be received by the Weekly End Date for that particular Weekly Contest. Entries for the last Weekly Contest must be received by 11:59 PM ET on September 14, 2014. Limit of one (1) Entry per person per Weekly Entry Period, for a total of no more than fifty-two (52) Entries during the Contest Period. Entries not selected as a Winner in a Weekly Contest will be rolled over to the following Weekly Contest. Multiple Entries received from any person or email address beyond this limit will void all such additional Entries. Entries generated by script, macro or other automated means are void.
To enter the Contest, during the Contest Period log on to www.klgandhoda.com (the “Website”), click on the Contest Kathie Lee and Hoda’s Fan of the Week banner, and follow the provided instructions to complete and thereafter submit the entry form, which includes your name, address, telephone number, email address, and date of birth (the “Entry”). As part of the Entry, you will also be required to submit between one (1) and five (5) photos (“Photos”) and a statement of one hundred (100) words or less (“Essay”) that show why you should be Kathie Lee and Hoda’s Fan of the Week. You may submit Photos and Essay online according to the provided instructions on the Website. Your Essay must be original (that is, written by you), true, verifiable and in the English language. All Entries become the property of Sponsors, and will not be acknowledged or returned.
You must submit Photos and Essay (collectively refereed to herein as the “Submissions”) as part of your Entry to enter and be eligible for the Contest. You must have the permission of any person that you identify or otherwise refer to in your Essay. 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 Photos or Essay and to incorporate the Submission 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. 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 11:59 PM ET on September 14, 2014 to be eligible for the Contest. Sponsors’ computer shall be the official timekeeper for all matters related to this Contest. 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 email address used to enter will be deemed to be the entrant. “Authorized account holder” is defined as the person who is assigned to an email address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. Entry constitutes permission (except where prohibited by law) to use entrant’s 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: On or about every Monday following each Weekly End Date during the Contest Period, a panel of qualified judges selected by Sponsors (“Judges”) will select one (1) potential winner for each Weekly Contest (“Winner”) based on the following judging criteria (“Judging Criteria”): Originality (30%), Creativity (35%) and Proof that Entrant is a fan of Kathie Lee and Hoda (35%). A total of fifty-two (52) Winners will be selected during the Contest Period. Eligible Entries received during the Contest Period will be judged on a rolling basis. 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 Proof that Entrant is a fan of Kathie Lee and Hoda as the potential 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 entrants will be the potential Winner. 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. Potential Winner will be notified by email. PotentialWinner may be required to execute and return an affidavit of eligibility, release of liability, and, except where prohibited, publicity release (collectively, “Contest Documents”) within five (5) days 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 Winner may be selected from among all eligible remaining entries based on the Judging Criteria.
PRIZE: There will be fity-two (52) prizes awarded (each a “Prize”), one (1) Prize to each Winner. Prize will consist of one (1) of the following options selected by Sponsors in their sole discretion:
1. A trip for Winner and one (1) guest (“Guest”) to a destination in one (1) of the forty eight (48) continental U.S. or District of Columbia (“Destination”) selected by Sponsors (“Trip”), subject to Sponsors’ sole discretion. Trip will include: round-trip, commercial coach-class air transportation for Winner and Guest from an airport near Winner’s residence to an airport near or in Destination (the “Airport”) (as determined by Sponsors in their sole discretion); hotel accommodations (standard room/double occupancy) for Winner and Guest for three (3) days/two (2) nights at a hotel in or near Destination (“Hotel”) (as determined by Sponsors in their sole discretion). Estimated retail value (“ERV”) of Trip is two thousand dollars, five-hundred dollars ($2,500).
2. A getaway for Winner and one (1) Guest to a Destination selected by Sponsors (“Getaway”), subject to Sponsors’ sole discretion. Getaway will include: hotel accommodations (standard room/double occupancy) for Winner and Guest for three (3) days/two (2) nights at a hotel in or near Destination (“Hotel”) (as determined by Sponsors in their sole discretion). ERV of Getaway is one thousand dollars ($1,000).
3. TODAY Show merchandise (“Merchandise”) selected by Sponsors, subject to Sponsors’ sole discretion. Merchandise includes: an autographed copy of Hoda’s book, “Hoda: How I Survived War Zones, Bad Hair, Cancer, and Kathie Lee”; an autographed copy of Kathie Lee’s CD, “My Way Home”; a TODAY Show coffee mug; a TODAY Show t-shirt; and a TODAY Show baseball hat. ERV of Merchandise is twenty dollars ($20).
Estimated Retail Value (“ERV”) of each Prize is between twenty dollars ($20) and two thousand dollars, five-hundred ($2,500). ERV of Prize received will vary based on Prize awarded subject to Sponsor’s sole discretion. Prize will be announced on TODAY when the Winner is selected. Actual retail value (“ARV”) of Prize will vary depending Prize selected by Sponsors and on the point of departure, point of arrival, fare fluctuation for the flight and hotel. If Prize awarded exceeds $599, then Winner will receive an IRS Form 1099 from Sponsors for the total ARV of Prize for the calendar year in which such Prize was awarded. Any differences between stated ERV and ARV will not be awarded.
Sponsors will determine all details of Prize 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. Prizes will be awarded “as is” with no warranty or guarantee, either express or implied by Sponsors. Gift cards/certificates/event tickets are subject to certain terms and conditions as specified by applicable issuer. Sponsors will determine the location of seats at any event in their sole discretion. Winner agrees to comply will all applicable stadium or arena regulations in connection with Prize. Trip and Getaway are subject to certain restrictions and expiration dates as specified by applicable provider.
Airline and Hotel reservations are subject to availability. Certain blackout periods, expiration dates and travel restrictions may apply. Travel and hotel arrangements will be determined by Sponsors in their sole discretion and must be made through Sponsors. Once determined, no change, extension or substitution of trip dates is permitted, except by Sponsors in their sole discretion. Winner and Guest must travel together on the same itinerary. Winner will be responsible for ground transportation to and from the airport at point of origin. Unless otherwise indicated, no other travel elements (including, without limitation, insurance, gasoline, meals, gratuities, souvenirs, etc.) are included in Prize. Any illustrations and/or depictions of Prize are for illustrative purposes only and Prize element images shown in any promotional material may not be actual Prize elements awarded. Tickets are non-refundable and are not valid for business-related or group travel. Tickets are valid only for travel on airlines chosen by Sponsors at Sponsors’ sole discretion. Travel must be completed on dates specified by Sponsors or Prize will be forfeited. Tickets will be issued only to Winner and Guest. Tickets are void if sold for cash or other consideration. Winner and Guest are responsible for any tax liability, including applicable departure taxes or fees, inspection charges, security charges or other ticket or baggage fees. Once issued, tickets are non-transferable and may not be reissued once travel has commenced. Open 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. Winner and Guest must have valid travel documents (e.g., valid government-issued photo identification and/or passport) prior to departure. Sponsors shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of Prize due to reasons beyond Sponsors’ control, and are not responsible or liable for any expenses incurred as a consequence thereof. All travel will be at the risk of Winner and Guest. All elements of Prize must be redeemed at the same time. Sponsors reserve the right to substitute ground transportation for air transportation depending on location of Winner’s residence and Destination.
Sponsors shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of Prize due to reasons beyond Sponsors’ control, and are not responsible or liable for any expenses incurred as a consequence thereof. Date and/or time of Event are subject to change. Reservations are subject to availability. Event is subject to cancellation. If Winner chooses to attend the Event with fewer no Guests, the remaining elements of Prize shall constitute full satisfaction of Sponsors’ Prize obligation to Winner and no additional compensation will be awarded. Guests, if any, may be required to execute and return releases of liability and, where legal, publicity releases (collectively, “Guest Documents”), which must be returned with the Contest Documents, or Guest portion of the Prize will be forfeited. If any 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 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 from among all eligible, non-suspect entries received prior to the time of the event warranting such cancellation, modification, or suspension based on the Judging Criteria above. 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).
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 names of the Winners, available after September 14, 2014, visit the Website, or send a self-addressed, stamped envelope to be received by November 15, 2014 to NBC Universal, TODAY Fan of the Week, 30 Rockefeller Plaza, NY NY 10112.