PRELIMINARY INFORMATION: NO PURCHASE NECESSARY TO ENTER OR WIN. Void where prohibited by law. Today’s Voice (the "Competition") will begin on May 12, 2011 at 10:00 a.m. ET and end on June 23, 2011 at 11:00 a.m. ET (“Entry Period”). All times in the Competition refer to Eastern Time (“ET”). The Competition is subject to these Official Rules and all applicable federal, state and local laws. By entering, all participants agree to be bound by the terms and conditions herein.
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SPONSORS: The Today Show (“TODAY”) and NBCUniversal Media, LLC, both located at 30 Rockefeller Plaza, New York, NY 10112, shall be the sponsors of the Competition and shall be referred to herein collectively as “Sponsors.”
ELIGIBILITY: Only open to permanent, legal residents of the forty-eight (48) continental United States (“U.S.”) or the District of Columbia (excluding Alaska, Hawaii, Puerto Rico, Guam, the U.S. Virgin Islands, and other U.S. territories), who are eighteen (18) years of age or older and the legal age of majority in their state of residence as of May 12, 2011 and who have a valid U.S. Social Security Number or a valid U.S. personal tax identification number. Officers, directors, and employees of the Sponsors, and their parents, affiliates, subsidiaries, and any other entity involved in the development or administration of this Competition, and their immediate family members (parent, child, spouse, sibling and their respective spouses, regardless of where they reside) and/or those living in the same household of each, whether or not related, are not eligible to participate in the Competition. You may not participate in the Competition if you are under contract with a third party which might interfere with your ability to enter into agreements with Sponsors or their designees, as determined by Sponsors in their sole discretion. Entrants 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.) Note: By entering you agree that if you are chosen as a potential Winner, you may undergo a background check conducted by TODAY and, if necessary, potential Winner may have to sign a waiver form authorizing the release of personal and background information.
HOW TO ENTER: During the Entry Period, go to www.klgandhoda.com (the “Website”), click on the Contest banner, and follow the provided instructions to complete and thereafter submit the entry form, which includes entrant’s name, address, telephone number, email address, and date of birth (“Entry Information”). As part of the Entry (as defined below), entrant will also be required to upload one (1) video of the entrant a video of entrant singing a cappella followed by a short introduction of who he or she is (“Video”). The Entry Information and Video shall constitute entry (“Entry”). Video must have been created within three (3) months of the start of the Contest Period and must feature only the entrant. Other than minor changes to lighting and coloring, the Video must not have been altered or edited in any manner that distorts the original Video. By entering, entrant agrees that the Video and any other portion of the Entry may be broadcast on TODAY, on the Website, and in promotions and advertisements for TODAY. All Entries become the property of Sponsors and will not be acknowledged or returned.
The Video must be in one of the following electronic formats: MPEG (.mpg), QuickTime (.mov), AVI (.avi), Windows Media (.wmv), Flash Video (.flv), and Real Media (.rm). The Video must be no larger than one hundred (100) MB in size and no longer than two (2) minutes in length. If Video exceeds two (2) minutes in length, only the first two (2) minutes will be judged. The Video cannot have been created professionally and must have been created solely by the submitting entrant, and must not have been submitted in any other competition. By submitting an Entry, entrant warrants and represents that he/she and any persons appearing or who are identifiable in the Entry consent to the submission and use of the Entry in the Competition as detailed in these Official Rules.
All Entries must be received before May 18, 2011 at 12:00 p.m. ET to be eligible for the Competition. Limit one (1) Entry per person during the Sweepstakes Period. You must submit a Video as part of your Entry to enter and be eligible for the Competition. By entering the Competition, entrant grants Sponsors the non-exclusive, royalty-free, and irrevocable rights to use, reproduce, copy, publish, display, distribute, perform, translate, edit, adapt, modify, and otherwise exploit the Video (and all elements thereof) and to incorporate the Video 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 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. Entries may not defame or invade the publicity or privacy rights of any person, living or deceased, or otherwise infringe upon any person’s personal or proprietary rights. Videos must not contain any visual or audio references to tobacco, drug paraphernalia, firearms, or any depiction or representation thereof; must not contain or otherwise make available any unsolicited or unauthorized advertising, “commercial pitch,” promotional materials, junk mail, spam, pyramid schemes, or any other form of solicitation; must not contain or transmit any materials that contain software viruses or other computer code, files or programs designed to impair, limit, interfere with or cause harm to any communications network operated by any of the Sponsors; and must not contain any material that: (a) would give or threaten to give rise to criminal or civil liability; (b) encourages conduct that constitutes a criminal offense; or (c) encourages or provides instructional information about illegal activities. 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. Sponsors in their sole discretion shall determine if any submitted Entry is inappropriate for presentation on Sponsors’ website or consideration in the Competition for any reason. Any such Entries deemed to be inappropriate (including, without limitation, due to technical, legal, or other clearance problems) will be disqualified and will not be judged in this Competition. Sponsors shall have no obligation to copy, publish, display, or otherwise exploit the Video. Multiple entries received from any unique email address or person after the first entry received will void all such additional entries. Entries generated by script, macro or other automated means are void. Normal time, toll, connection and usage rates, if any, charged by your Internet service provider will apply.
JUDGING: There will be four (4) rounds of judging.The first round of judging (“Preliminary Judging Round”) will occur on May 25, 2011. In the Preliminary Judging Round, a panel of qualified judges selected by Sponsors (“Preliminary Judges”) will select three (3) potential first round preliminary finalists (“First Round Preliminary Finalists”), three (3) potential second round preliminary finalists (“Second Round Preliminary Finalists”), and three (3) potential third round preliminary finalists (“Third Round Preliminary Finalists”) (First Round Preliminary Finalists, Second Round Preliminary Finalists, and Third Round Preliminary Finalists shall be referred to collectively as “Preliminary Finalists”) from all eligible Entries received during the Sweepstakes Period. Judges will select these nine (9) Preliminary Finalists based on the following judging criteria (“Judging Criteria”): Originality (twenty-five (25) points), Creativity (twenty-five (25) points), and Quality of Voice (fifty (50) points). Preliminary Finalists will be given the opportunity to advance to the secondary judging round (“Secondary Judging Round”). . In the event of a tie, an additional tie-breaking judge will judge the tied Entries, using the Judging Criteria, to determine which of the tied Entries will be the potential Preliminary Finalists. Potential Preliminary Finalists must be able to travel to the set of TODAY in New York, NY (“Today Set”) to participate in the Secondary Judging Round on or about one (1) of the following dates as determined by Sponsors in their sole discretion: May 25, 2011; June 1, 2011; or June 8, 2011. TODAY will provide each Preliminary Finalist with transportation and hotel accommodations (one (1) night at a hotel (standard room/double occupancy) in or near New York, NY) necessary for getting to Today Set for Secondary Judging Round, subject to Sponsors’ sole discretion.
The Secondary Judging Round will be split into three (3) days, which will take place on Today Set on or about one (1) of the following dates: May 25, 2011; June 1, 2011; or June 8, 2011. On or about May 25, 2011, the First Round Preliminary Finalists will perform on Today Set no more than thirty (30) seconds of a song chosen by entrant, subject to Sponsors’ sole discretion. On or about June 1, 2011, the Second Round Preliminary Finalists will perform on Today Set no more than thirty (30) seconds of a song chosen by entrant. On or about June 8, 2011, the Third Round Preliminary Finalists will perform on Today Set no more than thirty (30) seconds of a song chosen by entrant. All thirty (30) second performances by First Round Preliminary Finalists, Second Round Preliminary Finalists, and Third Round Preliminary Finalists will be referred to herein individually as a “Performance” and collectively as “Performances”. Each Performance will be judged by Kathie Lee and Hoda Kotb (each a “Secondary Judge” collectively “Secondary Judges”) using the Judging Criteria. In each Secondary Judging Round, each Secondary Judges will select up to three (3) potential secondary finalists (each a “Secondary Finalist”) that will compete in the Penultimate Judging Round (defined below). A total of six (6) Secondary Finalists will be selected during the Secondary Judging Round. In the event of a tie, an additional tie-breaking judge will judge the tied Preliminary Finalists using the Judging Criteria to determine which of the tied Preliminary Finalists will be the potential Secondary Finalist. Potential Secondary Finalists must be willing and able to travel to Today Set on or about June 15, 2011 to participate in the Penultimate Judging Round (defined below). TODAY will provide each Secondary Finalist with transportation and hotel accommodations (one (1) night at a hotel (standard room/double occupancy) in or near New York, NY) necessary for getting to Today Set for Penultimate Judging Round, subject to Sponsors’ sole discretion.
The “Penultimate Judging Round” will occur on or about June 15, 2011. In the Penultimate Judging Round, each Secondary Finalist will perform on Today Set no more than thirty (30) seconds of a song chosen by entrant, subject to Sponsors’ sole discretion. Qualified judges chosen by Sponsors (“Penultimate Judges”) will select two (2) potential grand prize finalists (each a “Grand Prize Finalist”) using the Judging Criteria to compete in the Grand Prize Judging Round (defined below). In the event of a tie, an additional tie-breaking judge will judge the tied Secondary Finalists using the Judging Criteria to determine which of the tied Secondary Finalists will be the potential Grand Prize Finalist. Potential Grand Prize Finalists must be willing and able to travel to Today Set on or about June 22, 2011 to participate in the Grand Prize Judging Round (defined below). TODAY will provide each Grand Prize Finalists with transportation and hotel accommodations (one (1) night at a hotel (standard room/double occupancy) in or near New York, NY) necessary for getting to Today Set for Grand Prize Judging Round, subject to Sponsors’ sole discretion.
The fourth and final round of judging (“Grand Prize Judging Round”) will take place on or about June 22, 2011. In the Grand Prize Judging Round, each Grand Prize Finalist will perform on Today Set no more than thirty (30) seconds of a song chosen by Sponsors in their sole discretion. On June 22, 2011, from approximately 10:45 a.m. ET to 8:00 p.m. ET , viewers will be able to go to the Website to vote (“Grand Prize Voting Period”).The Grand Prize Finalist who receives the most votes from the public during the Grand Prize Voting Period, as determined by Sponsors in their sole discretion, will be the potential grand prize winner (“Grand Prize Winner”) subject to verification of eligibility. The Grand Prize Winner will be announced on or about June 23, 2011. In the event of a tie, an additional tie-breaking judge, chosen by Sponsors in their sole discretion, using the Judging Criteria, will judge the tied Grand Prize Finalists to determine which of the tied Grand Prize Finalists will be the potential Grand Prize Winner. The potential Grand Prize Winner must agree to travel on the dates specified by Sponsors, subject to the Sponsors’ sole discretion. Date of Trip (defined below) will be determined by Sponsors in their sole discretion. If potential Grand Prize Winner cannot travel on the dates specified by Sponsors in their sole discretion, potential Grand Prize Winner will be disqualified and the runner-up Grand Prize Finalist with the next highest number of votes will be selected as a potential Grand Prize Winner.
Decisions of Sponsors and Judges are final and binding with respect to all matters related to the Competition. Potential Grand Prize Winner will be notified by email and/or mail and may be required to execute and return an Affidavit of Eligibility and Liability Release (“Affidavit and Release”) and, except where prohibited, Publicity Release (collectively, “Competition Documents”) within seven (7) days of date of attempted delivery. Noncompliance within this time period or with these Official Rules may result in disqualification and, at Sponsors’ discretion and time permitting; an alternate potential Grand Prize Winner may be selected.
ONLINE VOTING: On or about June 22, 2011 at 10:45 a.m. ET ending on or about June 22, 2011 at 8:00 p.m. ET (“Grand Prize Voting Period”), or on such other dates and at such other times as determined by Sponsors in their sole discretion, visitors to the Website may vote (“Vote”) for their favorite Grand Prize Finalist (as applicable) according to the voting rules and procedures established by Sponsors, which will be posted on the Website. At the start of the Grand Prize Voting Period, each Grand Prize Finalist’s information (as applicable) will be posted on the Website in a randomized manner. After viewing the Grand Prize Finalist’s information (as applicable), visitors may Vote for their favorite Grand Prize Finalist (as applicable) online by following the instructions provided on the Website. The Grand Prize Voting Period, voting rules and procedures, and voting methods are subject to change, at Sponsors’ sole discretion, and any changes will be posted on the Website. In the event of a tie, ties will be broken as described above with regard to Grand Prize Winner selections. Voting is currently limited to one (1) Vote per person during the Grand Prize Voting Period, but Sponsors reserve the reserve the right to change the limit on the number of votes and/or to modify the Grand Prize Voting Period in their sole discretion. Notification regarding any such change will be announced on-air and/or posted on the Website.
PRIZE: There will be one (1) prize (“Grand Prize”) awarded to the Grand Prize Winner consisting of a trip (“Trip”) for Grand Prize Winner and one (1) guest (“Guest”). Guest, if any, must be of the age of majority in his or her state of residence as of the first date of travel, or, if Guest is a minor, Grand Prize Winner must be Guest’s parent or legal guardian. The Trip will consist of: round-trip, coach-class airfare for Grand Prize Winner and Guest from a major airport near Grand Prize Winner’s place of residence (as determined by Sponsors in their sole discretion) to a major airport in or near Burbank, California; accommodations for Grand Prize Winner and Guest (standard room, double occupancy) for two (2) days/one (1) night at a hotel in or near Burbank, California as determined by Sponsors in their sole discretion; two (2) tickets to the taping of The Voice season finale at 4000 Warner Blvd. in Burbank, California 91523; a daily stipend of fifty dollars ($50) per person; and ground transportation to and from the airport in or near Burbank, California. Grand Prize Winner may have up to thirty (30) seconds of his/her Entry broadcast on the TODAY Show.
Estimated Retail Value (“ERV”) of Grand Prize is seven thousand dollars ($7,000) Actual retail value (“ARV”) of Grand Prize will vary depending on the point of departure, point of arrival, and fare fluctuation for the flight and hotel. Sponsors will provide Grand Prize Winner with a payment in an amount intended to mitigate any potential tax liability (“Tax Mitigation Payment”) as determined by Sponsors in their sole discretion, and will issue all 1099 forms as applicable for the calendar year in which the Grand Prize was awarded. The aforementioned amount will be based on a standard tax rate, which may be higher or lower than each person’s actual individual tax rate, as determined by Sponsors in their sole discretion. Any differences between stated ERV and ARV will not be awarded. No transfer, substitution or cash redemption will be awarded in lieu of stated prize except by Sponsors who reserve the right to substitute a prize (or portion thereof) of comparable or greater value, at their sole discretion. All prize details are at the sole discretion of the Sponsors. Sponsors reserve the right to not award any prize if, in their sole discretion, it does not receive a sufficient number of eligible and qualified Entries.
All details of Grand Prize will be determined by Sponsors in their sole discretion. Sponsors reserve the right to substitute a similar Grand Prize (or Grand Prize element) of comparable or greater value in their sole discretion. Grand Prize cannot be transferred by Grand Prize Winner or redeemed for cash and is valid only for the items detailed above, with no substitution of Grand Prize by Grand Prize Winner. If Grand 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, the Grand Prize may be awarded to the next highest scoring Grand Prize Finalist based on the number of votes received during the Grand Prize Voting Period, as determined by Sponsors in their sole discretion. No other travel elements (including, without limitation, insurance, gasoline, meals, gratuities, souvenirs, etc.) are included in Grand Prize. Airline and hotel reservations are subject to availability. Ticket is non-refundable and not valid for business-related or group travel. Ticket is valid only for travel on airline chosen by Sponsors in their sole discretion. Sponsors have the right in their sole discretion to substitute ground transportation for air transportation depending on Winners’ place of residence. Trip must be completed by the date specified by Sponsors or Grand Prize will be forfeited. Ticket will be issued only to Grand Prize Winner and Guest. Tickets are void if sold for cash or other consideration. Grand Prize Winner is responsible for any tax liability, including applicable departure taxes or fees, all taxes and fees assessed at the time of ticketing, inspection charges, and security charges. Once issued, ticket is non-transferable and may not be reissued once travel has commenced. Open ticket 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. Grand Prize Winner must travel on the same itinerary as his or her Guest, including the same departure date, destination and return date, and Grand Prize Winner and Guest must have valid travel documents (e.g., valid government-issued photo identification and/or passport) prior to departure, and failure to do so will result in forfeiture of Grand Prize. Grand Prize consists only of the elements set forth above. Travel arrangements must be made through Sponsors. 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. Winners and Guests may be required to execute and return additional documents, which, among other things, will permit the Sponsors to record and/or broadcast Winners’ and Guests’ appearances on TODAY, however, Sponsors are under no obligation whatsoever to do so. Date and/or time of Recipes Demo and/or Rehearsal are subject to change. Recipes Demo and/or Rehearsal are subject to cancellation. If Winners choose to take Trip with no Guests, the remaining elements of Prize shall constitute full satisfaction of Sponsors’ Prize obligation to Winners and no additional compensation will be awarded. Guests, 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. Winners and Guests acknowledge that accepting any portion of Prize shall constitute full satisfaction of Sponsors’ Prize obligation to Winners and no additional compensation will be awarded. No retail value is associated with the Recipes Demo or Rehearsal. If TODAY is not in production or the Recipes Demo or Rehearsal are canceled for any reason, no substitution, transfer, or cash equivalent of the applicable portion of the Prize will be provided in lieu thereof, no additional compensation will be awarded, and the remaining elements of Prize shall not be awarded. All travel will be at the risk of Winners and Guests.
CONDITIONS: By entering the Competition, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators (a) to release and hold harmless Sponsors 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 Competition 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 Competition 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 Competition 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 Competition at Sponsors’ sole discretion.
ADDITIONAL TERMS: Sponsors reserve the right to permanently disqualify from the Competition any person they believe has intentionally violated these Official Rules. Any attempt to deliberately damage the Competition 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 Competition. 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 Competition 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 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 Competition, 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 CONMPETITION 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 SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
WINNER’S NAME: For the name of the Grand Prize Winner, available after June 25, 2011, go to www.klgandhoda.com
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