Joy's 10,000 Pound Weight Loss Challenge
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January 31, 2012—February 9, 2012
PRELIMINARY INFORMATION: No purchase necessary. A purchase will not improve your chances of winning. Void where prohibited. The Joy's 10,000 Pound Weight Loss Challenge (“Contest”) will begin on January 31, 2012 at 1:00 PM PT and end on February 9, 2012 at 9:00 PM PT (“Contest Period”). All times in the Contest refer to Pacific Time (“PT”). Contest is subject to all applicable federal, state and local laws. Winners must be able to travel February 15, 2012 through February 17, 2012 (or on such other dates designated by Sponsors).
Click here to enter the contest.
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 the District of Columbia (Alaska, Hawaii, Guam, Puerto Rico, the U.S. Virgin Islands, and any other U.S. territory are excluded) 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 (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: To enter the Contest, during the Contest Period, log on to http://www.today.com(the “Website”), click on the Contest 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 a statement of 300 words or less (“Essay”) on the following theme: “How Joy's 10,000 Pound Weight Loss Challenge tips impacted my weight loss goals and my life.” You may submit Essay online according to the provided instructions. Essay must be original (that is written by you) and submitted in the English language.
All Entries become the property of Sponsors, and will not be acknowledged or returned. You must submit the Essay as part of your Entry to enter and be eligible for the Contest. Your Essay must be original (that is, written by you), true and verifiable. 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 Essay and to incorporate the Essay 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 Essay 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 Essay contains material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive or if any Essay does not comply with these Official Rules or meet Sponsors’ standards for any reason, as determined by Sponsors in their sole discretion, such Essay (and the related Entry) 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 Essay.
Entries must be received before February 9, 2012 at 9:00 PM PT 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 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: A panel of qualified judges selected by Sponsors (“Judges”) will review the eligible Entries received during the Contest Period and select two (2) potential winners (“Winners”) on or about February 10, 2012 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 Winner. 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 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. Sponsors reserve the right to pick fewer than two (2) Winners, or to extend the Contest Period if in their sole discretion, Sponsors do not receive a sufficient number of eligible and qualified Entries. Potential Winners will be notified by email. PotentialWinners may be required to execute and return affidavits of eligibility, releases of liability, and, except where prohibited, publicity releases (collectively, “Contest Documents”) within two (2) 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 two (2) prizes awarded (“Prizes”), one (1) Prize to each Winner. Each Prize consists of the following: one (1) trip to New York, New York (“Trip”) for Winner and one (1) guest (“Guest”) to attend TODAY with Kathie Lee and Hoda (the “Show”) on February 16, 2012. Each Winner will also receive an Ambush Makeover including hair, makeup and a new outfit (“Makeover”). Trip includes: round-trip, commercial coach-class airfare for Winner and Guest from a major airport near Winner’s residence to a major airport near or in New York City, New York (“NY Airport”) (as determined by Sponsors in their sole discretion); hotel accommodations (standard room/double occupancy) for three (3) days/two (2) nights in or near New York, New York for Winner and Guest (‘Hotel”)(as determined by Sponsors in their sole discretion); ground transportation to and from NY Airport and Hotel for Winner and Guest; one hundred and fifty dollars ($150) awarded in the form of a check made payable to the Winner, or in another form subject to Sponsors’ sole discretion; one (1) personal consultation with Joy Bauer over lunch (this will include both Winners and their Guests at one time) (“Lunch”); one (1) signed copy of Joy’s book Your Inner Skinny; one (1) one (1) year membership to Joy’s weight loss program at JoyBauer.com; and an appearance on the Show (“Appearance”). Winning Essays will also be posted on the Website.
Estimated Retail Value (“ERV”) of attending the Show, Appearance, Makeover and/or Lunch is zero dollars ($0). ERV of each Prize is two thousand dollars ($2000). ERV of all Prizes is four thousand dollars ($4000). Actual Retail Value (“ARV”) may vary based on point of departure, point of arrival, departure times, and fare fluctuations for flights and Hotel. Any differences between ERV and ARV will not be awarded.
Sponsors will determine all details of Prizes 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 Prizes are the sole responsibility of Winners. Each Winner will receive an IRS Form 1099 from Sponsors for the total ARV of their Prize for the calendar year in which Prize is awarded. Prizes cannot be transferred by Winners or redeemed for cash and are valid only for the items detailed above, with no substitution of Prizes by Winners. If a 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.
Sponsors shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of Prize, and are not responsible or liable for any expenses incurred as a consequence thereof. Date and/or time of the Show, Appearance, Makeover, and/or Lunch are subject to change. Show, Appearance, Makover and/or Lunch are subject to cancellation. If Show, Appearance, Makeover and/or Lunch are cancelled, the remaining elements of Prize shall be awarded and shall constitute full satisfaction of Sponsors’ Prize obligation to Winners and no additional compensation will be awarded. If a Winner chooses to take Trip without a Guest, the remaining elements of Prize shall constitute full satisfaction of Sponsors’ Prize obligation to that 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 Contest Documents, or Guest portion of the Prize will be forfeited. All Guests must be eighteen (18) years of age or older.
Winners must be able to travel February 15, 2012 through February 17, 2012 (or on such other dates designated by Sponsors). 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 a Winner’s place of residence. Each Winner and their 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 their Prize. Sponsors will not replace any lost or stolen tickets, travel vouchers or certificates. Once travel commences, no unscheduled stopovers are permitted; if an unscheduled stopover occurs, full fare will be charged from stopover point for the remaining segments, including return, of the trip. Sponsors are not liable for any expenses incurred as a consequence of flight cancellation/delay. Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. All travel and lodging will be at the risk of Winners and Guests. Winners are solely responsible for all expenses and costs associated with acceptance and/or use of Prize not specifically stated herein as being awarded, including, without limitation any and all taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prize, travel insurance, ground transportation (other than as described above), security and airport fees, taxes, insurance, gasoline, meals, gratuities, and souvenirs. Sponsors shall have the right, but not the obligation, to make any deductions and withholdings that Sponsors deem necessary or desirable under applicable federal, state and local tax laws, rules, regulations, codes or ordinances.
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 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 ATTORNEYS’ 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 February 13, 2012, visit the Website, or send a self-addressed, stamped envelope to be received by March 26, 2012 to: Joy's 10,000 Pound Weight Loss Challenge, Today Show, 30 Rockefeller Plaza, 3rd Floor, New York, NY 10112.
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