TODAY and DailyCandy’s NYC Getaway sweepstakes

The entry period for the sweepstakes has ended. 

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TODAY and DailyCandy NYC Getaway
Official Rules
May 18, 2012 — June 1, 2012

PRELIMINARY INFORMATION: NO PURCHASE NECESSARY. A purchase will not improve your chances of winning. Void where prohibited. The TODAY and DailyCandy NYC Getaway (“Sweepstakes”) will begin on May 18, 2012 at 8:00 A.M. ET and end on June 1, 2012 at 2:00 P.M. ET (“Sweepstakes Period”). All times in the Sweepstakes refer to Eastern Time (“ET”). Odds of winning depend upon the number of eligible Entries (as defined below) received. Sweepstakes is subject to 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 the District of Columbia (excluding Alaska, Hawaii, Puerto Rico, Guam, the U.S. Virgin islands and other U.S. territories), and who are twenty-one (21) years of age or older as of the start of the Sweepstakes Period. Officers, directors, and employees of Sweepstakes 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 Sweepstakes. Sweepstakes 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”), DailyCandy, LLC and their respective parent, subsidiary, and affiliate companies, and their administrative, advertising, and promotion agencies, and any other entity involved in the development, administration, promotion, or implementation of the Sweepstakes.

TO ENTER: To enter the Sweepstakes, during the Sweepstakes Period visit http://TODAY.com/sweepstakes (the “Website”), and follow the provided instructions to complete and thereafter submit the entry form, which includes your name, zip code, telephone number and email address, (“Entry”). All Entries become the property of Sponsors, and will not be acknowledged.

Entries must be received before June 1 2012, at 2:00 PM ET to be eligible for the Sweepstakes. Sponsors’ computer shall be the official timekeeper for all matters related to this Sweepstakes. You may enter once during the Sweepstakes 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.

PRIVACY: Entrants will have the opportunity to receive information from Sponsors and selected partners by checking the appropriate box(es); however, signing up for these optional free services will not increase your chances of winning the Sweepstakes.  If you no longer wish to receive messages from TODAY.com, please follow the unsubscribe instructions in the email you receive or edit your newsletter preferences at http://newsletters.msnbc.com/.  You can read more about TODAY.com’s privacy practices in our privacy statement. If you opted-in to receive communications from other partners, please follow instructions in the message to unsubscribe or visit that partner’s privacy policy for more information.    Entrants will have the opportunity to receive information from Sponsors and selected partners by checking the appropriate box(es); however, signing up for these optional free services will not increase your chances of winning the Sweepstakes. If, at any time, you no longer wish to receive materials from Sponsors or its partners, please go to its privacy policy, located at [http://go.microsoft.com/fwlink/?LinkId=74170], or the applicable partner’s privacy policy and follow the procedures indicated.

WINNER SELECTION AND NOTIFICATION: On or about June 1, 2012, one (1) potential winner (“Winner”) will be selected in a random drawing by representatives of Sponsors from all eligible Entries received during the Sweepstakes Period. Sponsors will make two (2) attempts to notify potential Winner at the phone number and/or email address submitted at the time of entry. Potential Winner may be required to execute and return an affidavit of eligibility, release of liability, and, except where prohibited, publicity release (collectively, “Sweepstakes Documents”) within two (2) days of such notification. Noncompliance within this time period will result in disqualification, and, at Sponsors’ sole discretion an alternate potential Winner may be selected from the remaining eligible Entries. If potential Winner cannot be reached, is found to be ineligible, cannot or does not comply with these Official Rules, or if prize or prize notification is returned as undeliverable, potential Winner will be disqualified and time permitting, at Sponsors’ sole discretion, an alternate potential Winner may be selected from the remaining eligible Entries.

PRIZE: There will be one (1) prize awarded (“Prize”) to Winner. Prize will consist of a trip for Winner and up to one (1) guest (“Guest”) to New York, NY to attend a Toyota Concert Series on TODAY concert (“Trip”). Trip includes: round-trip, commercial coach-class airfare for Winner and Guest from a major airport in or near Winner’s place of residence (as determined by Sponsors in their sole discretion) to a major airport in or near New York, New York (as determined by Sponsors in their sole discretion); accommodations for Winner and Guest (standard room, double occupancy) for three (3) nights at a hotel in New York City (as determined by Sponsors in their sole discretion); two (2) tickets to a Friday morning Toyota Concert Series on TODAY concert scheduled to take place at 5:30 A.M. (“Event”); two (2) tickets to a tour of Alvin Ailey, 405 West 55th Street, New York, NY 10019 (as determined by Sponsors in their sole discretion) (“Tour”); one (1) one hundred fifty dollar ($150) gift certificate to ABC Kitchen, located at 35 East 18th Street, New York, NY 10003; one (1) one hundred dollar ($100) gift certificate to Maialino, located at 2 Lexington Ave, New York, NY; and one (1) five hundred dollar ($500) gift certificate to Thomas Sires, located at 243 Elizabeth St., New York, NY 10012. Trip must be completed on the weekend of June 15, June 29, July 6, July 13 or August 31, 2012, as chosen by Winner, subject to Sponsor’s approval in its sole discretion, or Prize may be forfeited.

Estimated Retail Value (“ERV”) of Prize is three thousand dollars ($3000). Actual Retail Value (“ARV”) of Prize may vary. Any difference between ARV and ERV will not be awarded. All details of Prize will be determined by Sponsors in their sole discretion. Sponsors reserve the right to substitute a similar Prize (or Prize element) of comparable or greater value. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prize are the sole responsibility of Winner. Sponsors will issue to Winner an Internal Revenue Service Form 1099 for the ARV of Prize for the tax year it was awarded. 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. 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. 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.

Prize will be awarded “as is” with no warranty or guarantee, either express or implied, made by Sponsors. Gift cards/certificates, Event and Tour tickets are subject to certain terms and conditions as specified by issuers and thereupon. Location of seats at Event will be determined by Sponsors in their sole discretion. Event dates and/or times are subject to change. Event is subject to cancellation. If Event is cancelled, the remaining elements of the Prize shall be awarded and shall constitute full satisfaction of Sponsors’ Prize obligation to Winner and no additional compensation will be awarded. Winner and Guest agree to abide by all venue rules and regulations when attending Event.

Airline and hotel reservations are subject to availability. Trip must be booked as directed by Sponsors, or at least thirty (30) days prior to intended departure date (if possible based upon the weekend chosen by Winner and approved by Sponsors). Certain blackout periods and travel restrictions may apply. Travel and hotel arrangements will be determined by Sponsors in their sole discretion. Once determined, no change, extension, or substitution of Trip dates is permitted, except by Sponsors in their sole discretion. Winner and his/her Guest must travel together on the same itinerary. Except as indicated above, no other travel elements (including, without limitation, travel to and from the airport near Winner’s residence, insurance, gasoline, meals, gratuities, souvenirs, etc.) are included in Prize. Tickets are non-refundable and are not valid for business-related or group travel. Tickets are valid only for travel on airlines as chosen by Sponsors in their sole discretion. Tickets will be issued only to Winner and Guest. Winner is responsible for any tax liability, including applicable departure taxes or fees, inspection charges, and security charges. 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. Winner and Guest are solely responsible for obtaining all necessary travel documents. Winner and Guest must have valid travel documents (e.g., valid government-issued photo identification and/or passport) prior to departure. Prize consists only of the elements set forth above. 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. Sponsors are not responsible for airline seat assignments, special meals, check-in procedures, and baggage limitations. Sponsors have no responsibility for alterations to any travel plans caused by airline delays or for any act, omission or event. Winner and Guest specifically release Sponsors from any and all claims for loss or damage to baggage or property, or from personal injuries or death, or from loss or delay, arising out of the acts, omissions, or negligence of any independent contractors, such as air carriers, hotels, restaurateurs, transportation providers, medical personnel or other providers of services or facilities. If Winner chooses to take the Trip without a Guest, the remaining elements of the Prize shall be awarded and shall constitute full satisfaction of Sponsors’ Prize obligation to Winner and no additional compensation will be awarded. Guest, if any, will be required to execute and return a release of liability and, except where prohibited, publicity release (collectively, the “Guest Documents”), which must be returned with the Sweepstakes Documents, or Prize will be forfeited and an alternate potential Winner may be selected from the remaining eligible entries at Sponsors’ sole discretion. If Guest is a minor, Winner must be such minor’s parent or legal guardian, and must complete Guest Documents on behalf of such minor.

CONDITIONS: By entering the Sweepstakes, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators (a) to release and hold harmless Sweepstakes Entities and their respective officers, directors, sales representatives, distributors, prize providers, vendors, contractors, 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 Sweepstakes 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 Sweepstakes 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 the Website and the use by Released Parties of such Winner’s 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 Sweepstakes 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 Sweepstakes at Sponsors’ sole discretion. Sponsor reserves the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes.

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 Sweepstakes 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 Sweepstakes. 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 Sweepstakes or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules). In the event of cancellation, modification, or suspension, Sponsors reserve the right to select Winners in a random drawing from among all eligible, non-suspect Entries received prior to the time of the event warranting such cancellation, modification, or suspension. Notice of such cancellation, modification, or suspension will be posted on the Website. Sponsors may prohibit any entrant or potential entrant from participating in the Sweepstakes, 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). Sponsor reserves the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes.

DISPUTES: THE SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN NEW YORK, NEW YORK. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN NEW YORK. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF NEW YORK. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.

WINNER ANNOUNCEMENT: For the name of Winner, available after June 8, 2012, visit http://www.today.com/sweepstakes, or send a self-addressed, stamped envelope to be received by August 20, 2012 to: TODAY and DailyCandy NYC Getaway, TODAY show, 30 Rockefeller Plaza, New York, NY 10112.