TODAY’s Quest for the Best Jingle Contest
December 18, 2012 – January 11, 2013
PRELIMINARY INFORMATION: NO PURCHASE NECESSARY. A purchase will not improve your chances of winning. Void where prohibited. The Today’s Quest for the Best Jingle Contest (“Contest”) will begin on December 18, 2012 at 9:00 a.m. ET and end on January 11, 2013 at 2:00 p.m. Eastern Time (“ET”). Contest is subject to all applicable federal, state, and local laws.
The Contest is in no way sponsored, endorsed, administered by, or associated with Facebook. Any information provided by entrants in connection with the Contest is being provided to Sponsors and not to Facebook.
SPONSORS: The TODAY show (“TODAY”) and NBCUniversal Media, LLC, 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 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 eighteen (18) years of age or older and the age of majority in their state of residence as of the start of the Contest Period. Entrants may enter on behalf of a group of up to three (3) performers, including entrant (“Performers”). All Performers must be eighteen (18) years of age or older as of the beginning 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 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. Sponsors reserve the right to exclude entrants who are professional musicians, as determined by Sponsors in their sole discretion. Entrants must 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). At Sponsors’ request, the potential Winner (as defined below) and each Performer (if applicable) must be willing to sign an affidavit attesting that such entrant meets all of the foregoing eligibility requirements and possibly undergo a background check conducted by TODAY. NOTE: Prior to submitting an Entry on behalf of a group, you must obtain permission from each Performer.
HOW TO ENTER: To enter Contest, during Contest Period log on to http://www.TODAY.com/QuestfortheBest (the “Website”), and follow the provided instructions to complete and thereafter submit the entry form (“Entry”), which includes entrant’s name, telephone number, email address and birthdate. Groups of up to three people are permitted. All members must be 18 years or older. (the “Entry Information”).
Entrants are permitted to submit the Entry on behalf of a group of up to three (3) Performers (including entrant). All Performers must be eighteen (18) years or older as of the start of the Contest Period. As part of the Entry, entrants will also be required to upload and submit the following online according to the instructions provided on the Website: one (1) video of the entrant and Performers (if applicable) performing an original TODAY jingle (“Jingle”) written and composed by the entrant (“Video”) (collectively referred to herein as the “Submissions”). Jingle, including the lyrics and melody, must be the original work of entrant and must not infringe on any rights of any third party. Performers in Video must actually be performing Jingle. Video must be in one (1) of the following electronic formats: AVI (.avi), QuickTime (.mov), MPEG (.mpg or .mpeg), or Windows Media (.wmv). Video must be no larger than twenty (20) MB in size and no longer than two (2) minutes in length. If any Video exceeds two (2) minutes in length, only the first two (2) minutes of such Video will be judged. Video cannot have been created professionally and must not contain watermarks or other copyright notices. Other than minor changes to lighting and coloring, Video must not have been altered or edited in any manner that distorts the original Video. Entrants must have permission from all persons identified in Video or any part of Entry. Submissions 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.
Entrants must submit the Submissions as part of the Entry in order to enter and be eligible for the Contest. By entering the Contest, entrant agrees that Jingle is completely the original work of his/her own authorship. Submissions must be original, true, and verifiable. By entering the Contest, entrant grants Sponsors the non-exclusive, royalty-free, and irrevocable rights to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit the Submissions and to incorporate the Submissions in other works in any and all markets and media worldwide in perpetuity without compensation or notification. 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 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 Submissions.
Entries must be received before January 11, 2013 at 2:00 p.m. ET to be eligible for the Contest. Sponsors’ computer shall be the official timekeeper for all matters related to this Contest. 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 the 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.
SELECTION AND NOTIFICATION OF WINNERS: One (1) or more qualified judges selected by Sponsors (“Judges”) will review the eligible Entries received during the Contest Period and select three (3) potential first prize winners (each, a “First Prize Winner”) on or about January 11, 2013, based on the following judging criteria (“Judging Criteria”): Originality (30%), Stage Presence (30%), and Musical Performance (40%). The three (3) Entries with the highest scores will be selected as the three (3) potential First Prize Winners. 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 Musical Value as the potential First Prize 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 Entries will be the potential First Prize Winner. Decisions of Judges are final and binding with respect to all matters related to the Contest. Representatives of Sponsors will attempt to contact the potential First Prize Winners at least two (2) times, using the phone numbers and/or email addresses submitted at the time of Entry. If a potential First Prize Winner does not respond within twenty-four (24) hours of the initial contact, such potential Winner may be disqualified and Sponsors may, in its sole discretion, select the runner-up Entry with the next highest score based on the Judging Criteria as a potential First Prize Winner. Potential First Prize Winners may be required to execute and return an affidavit of eligibility, release of liability, and, except where prohibited, publicity release (collectively, “Contest Documents”) within two (2) days of such notification. Performers in the Entries of potential First Prize Winners (“Winner Performers”) may also be required to execute and return 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 (as defined below)/Prize notification may result in disqualification and, at Sponsors' sole discretion, and time permitting, the entrant with the next highest scoring Entry may be selected as an alternate potential First Prize Winner. Sponsors reserve the right to select less than three (3) potential First Prize Winners, no First Prize Winners at all, or cancel the Contest, if an insufficient number of eligible, complete, tasteful, appropriate, or generally qualified Entries are received by TODAY as determined by TODAY in its sole discretion. All potential First Prize Winners will be selected subject to verification of eligibility and compliance with the terms of these Official Rules.
PRIZES: There will be three (3) first prizes awarded (each, a “First Prize”), one (1) First Prize awarded to each First Prize Winner. Each First Prize consists of the following: a trip to New York/New Jersey metropolitan area for First Prize Winner and Winner Performers (if applicable); for an opportunity to appear on-air and perform winning Jingle (“Appearance”) as part of TODAY’s Quest for the Best (“Segment”), scheduled to air on January 22, 2013 (collectively, the “Trip”). The Trip will consist of the following, each as determined by Sponsors in their sole discretion: accommodations (standard room, single occupancy) for two (2) days/one (1) night at a hotel in the New York/New Jersey metropolitan area on or about January 21, 2013 through January 22, 2013 (“Hotel”); round-trip, coach-class airfare from a major airport near the residence of First Prize Winner and Winner Performers, if applicable, to a major airport in the New York/New Jersey metropolitan area (”Destination Airport”); Appearance as part of the Segment on January 22, 2013 or on such other date designated by Sponsors in their sole discretion; round-trip ground transportation between Destination Airport and Hotel, and Hotel and set of TODAY in New York, NY (“TODAY Set”). First Prize Winners and Winner Performers (if applicable) must be available to (a) travel to New York City on January 21, 2013 or on such other date as specified by Sponsors in their sole discretion, and (b) available for a Quest for the Best rehearsal (“Rehearsal”) at TODAY Set on January 21, 2013 at 4:00 P.M. ET at TODAY Set, or Prize may be forfeited.
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The Estimated Retail Value (“ERV”) of each Prize is two thousand dollars ($2,000). The total ERV of all Prizes awarded in the Contest is six thousand dollars ($6,000). ). Actual retail value (“ARV”) of First Prizes will vary depending on the number of Performers, point of departure, point of arrival, and fare fluctuation for the Trip. Trip is subject to space availability, select blackout dates, and other travel restrictions. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of First Prize are the sole responsibility of First Prize Winners. First Prize Winners will receive an Internal Revenue Service Form 1099 from Sponsors for the total ARV of First Prize for the calendar year in which First Prize was awarded. Any differences between stated ERV and ARV will not be awarded.
All details of First Prizes will be determined by Sponsors in their sole discretion. Sponsors reserve the right to substitute a similar First Prize (or First Prize element) of comparable or greater value in their sole discretion. First Prize cannot be transferred by First Prize Winners or redeemed for cash and is valid only for the items detailed above, with no substitution of First Prize by First Prize Winners. If a First 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, such First Prize may be awarded to the next highest scoring Entry based on the Judging Criteria, as determined by Sponsors in their sole discretion. First Prize Winners and Winner Performers, if applicable, may be required to execute and return additional documents, which, among other things, will permit Sponsors to record and/or broadcast the Appearances of First Prize Winners and Winner Performers on TODAY. However, Sponsors are under no obligation whatsoever to do so. Date and/or time of Segment, Appearance and/or Rehearsal are subject to change. Segment, Appearance and/or Rehearsal are subject to cancellation.
No other travel elements (including, without limitation, insurance, gasoline, meals, gratuities, souvenirs, etc.) are included in First Prizes. Airline and hotel reservations are subject to availability. Tickets are non-refundable and not valid for business-related or group travel. Tickets are 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 First Prize Winners’ place of residence. Trip must be completed by the date specified by Sponsors or First Prize will be forfeited. Tickets will be issued only to First Prize Winners. Tickets are void if sold for cash or other consideration. First Prize Winners are 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, 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. First Prize Winners and Winner Performers (if applicable) 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 First Prizes. First Prizes consist 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 First Prizes due to reasons beyond Sponsors’ control, and are not responsible or liable for any expenses incurred as a consequence thereof. First Prize Winners acknowledge that accepting any portion of First Prize shall constitute full satisfaction of Sponsors’ First Prize obligation to First Prize Winners and no additional compensation will be awarded. ERV of the Segment, Appearance and/or Rehearsal is zero dollars ($0). If TODAY is not in production or the Segment or Rehearsal are canceled for any reason, no substitution, transfer, or cash equivalent of the applicable portion of the First Prize will be provided in lieu thereof, no additional compensation will be awarded, and the remaining elements of First Prize shall not be awarded. All travel and lodging will be at the risk of First Prize Winners and Winner Performers (if applicable).
SELECTION OF GRAND PRIZE WINNER: During Appearance, one (1) First Prize Winner will be selected as the one (1) potential grand prize winner (“Grand Prize Winner”) by one (1) or more new qualified judges selected by Sponsors (“Grand Prize Judges”). During Appearance, First Prize Winners and Winner Performers (if applicable) will be required to talk about how they came up with their Jingle, and perform one (1) minute of Jingle associated with First Prize Winner’s Entry. Grand Prize Judges will then score First Prize Winners based on the following judging criteria (“Grand Prize Judging Criteria”): Originality (30%), Musical Performance (40%), and Stage Presence (30%). The First Prize Winner with the highest score based on the Grand Prize Judging Criteria will be selected as the Grand Prize Winner. In the event of a tie, the Grand Prize Judges will break the tie by selecting the tied entrant who received the highest points from the Grand Prize Judges for Musical Performance as the potential Grand Prize Winner. In the event a tie remains, an additional tie-breaking judge will judge the tied entries, using the Grand Prize Judging Criteria, to determine which of the tied First Prize Winners will be the potential Grand Prize Winner. Decisions of Grand Prize Judges are final and binding with respect to all matters related to the Contest. Potential Grand Prize Winner will be selected subject to verification of eligibility and compliance with the terms of these Official Rules.
GRAND PRIZE: There will be one (1) grand prize (“Grand Prize”) awarded to Grand Prize Winner. Grand Prize will consist of an opportunity for Grand Prize Winner and Winner Performers (if applicable) to be featured as “The Best” (specifics of Grand Prize to be determined by Sponsors in their sole discretion). Grand Prize Winner and Winner Performers (if applicable) may be required to complete and return additional documents and releases before Grand Prize can be accepted, or Grand Prize may be forfeited.
ERV of Grand Prize is zero dollars ($0). ARV of Grand Prize may vary. Any difference between ERV and ARV of Grand Prize will not be awarded. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of Grand Prize are the sole responsibility of Grand Prize Winner. All details of Grand Prizes 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 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 First Prize Winner based on the Grand Prize Judging Criteria, as determined by Sponsors in their sole discretion.
RECORDING: Sponsors, in their sole discretion, may choose to record and/or broadcast the appearance of First Prize Winners on TODAY. If Sponsors, in their sole discretion, elect to incorporate any audio and/or video recording of First Prize Winners (the “Recording”) into TODAY or other television shows, the taping and/or the Recording will not be considered an employment opportunity, and First Prize Winners will not be entitled to compensation or credit thereof. Sponsors will determine the nature of the Recording in their 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 Sponsors in their sole discretion. First Prize Winners will be required to return completed and signed appearance releases, confidentiality agreements and such other documents as may be required by Sponsors prior to their appearance on TODAY and participation in the Segment or Rehearsal, if any. Failure of First Prize Winners to complete and execute these documents in a timely manner, as determined by Sponsors in their sole discretion, may cause the First Prizes to be forfeited. 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 Sponsors in their sole discretion. First Prize Winners will not have a 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 First Prize Winners, cause the First Prizes to be forfeited, and remove First Prize Winners from TODAY at any time, if any First Prize Winners’ behavior is deemed by Sponsors 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 First Prize Winners 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.
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: EXCEPT WHERE PROHIBITED, ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES, OR THE RIGHTS AND OBLIGATIONS OF YOU, TODAY, AND THE CONTEST SPONSORS IN CONNECTION WITH THE CONTEST (IF ANY), SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES (WHETHER OF THE STATE OF NEW YORK, OR ANY OTHER JURISDICTION), WHICH WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION OTHER THAN THE STATE OF NEW YORK. YOU AGREE THAT If any controversy or claim arising out of or relating to THESE official RULES, the breach of any term hereof, or YOUR participation in connection with the contest cannot be settled through direct discussions, THE PARTIES shall endeavor first to settle the controversy or claim by mediation conducted in the CITY OF NEW YORK and administered by JAMS under its applicable rules. If THE controversy or claim is not otherwise resolved through direct discussions or mediation, YOU agree that it shall THEN be resolved by FINAL AND binding arbitration conducted in the CITY OF NEW YORK, and administered by JAMS in accordance with its Streamlined Arbitration Rules and Procedures or subsequent versions thereof (the “JAMS Rules”, available at HTTP://www.jamsadr.com, including, without limitation, the rule providing that each party shall pay pro rata its share of jams fees and expenses, and the rules providing for limited discovery and other exchange of information). The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be an arbitrator licensed to practice law in NEW YORK OR A RETIRED JUDGE. Notwithstanding the above requirements, if any party files suit in court, or files an arbitration before first seeking to mediate, in direct violation of this paragraph, the other party NEED NOT request mediation to enforce their right to compel arbitration. any mediation OR arbitration proceedings, testimony, OR discovery, along with any documents filed or otherwise submitted in the course of any such proceedings (and including the fact that the mediation or arbitration is even being conducted), shall be confidential and shall not be disclosed to any third party except to the mediators or arbitrators and their staff, the parties’ attorneys and their staff, and any experts retained by the parties. If any portion of the dispute resolution mechanism set forth HEREIN is found to be invalid, illegal or unenforceable for any reason, that portion shall be severed from the rest and shall not affect YOUR agreement to resolve all controversies and claims through mediation and arbitration. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVE RPUNITIVE, 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 Winners, available after January 29, 2013, visit http://www.TODAY.com/QuestForTheBestor send a self-addressed, stamped envelope to be received by mARCH 29, 2013 to: TODAY's Quest for the Best TODAY Jingle Contest, 30 Rockefeller Plaza Suite 366E-7, New York, NY 10112.
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