TODAY’S STARS OF TOMORROW CONTEST Official Rules January 18, 2013 — February 15, 2013
PRELIMINARY INFORMATION: NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. Void where prohibited. The TODAY’S STARS OF TOMORROW CONTEST (“Contest”) will begin on January 18, 2013 at 7:01 A.M. ET and end on February 15, 2013 at 10:59 A.M. ET (“Contest Period”). All times in the Contest refer to Eastern Time (“ET”). Odds of winning depend upon the number of eligible Entries (defined below) received. Contest is subject all applicable federal, state, and local laws.
ELIGIBILITY: Open only to permanent, legal United States (“U.S.”) residents who are physically residing in one (1) of the fifty (50) U.S. or the District of Columbia (excluding Puerto Rico, Guam, the Virgin Islands, and other U.S. territories), and who are eighteen (18) years of age or older as of the start of the Contest Period. Officers, directors, and employees of Contest Entities (as defined below), members of these persons’ immediate families (spouses and/or parents, children, and siblings, and their spouses, regardless of where they reside), and/or persons living in the same households as these persons (whether or not related thereto) are not eligible to enter or win the Contest. Contest Entities, as referenced herein, shall include the TODAY show (“TODAY”), 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. Performer (“Performer”) appearing in the Video (as defined below) must be twenty-one (21) years of age or younger. Contest is restricted to non-professionals. You may not participate in the Contest if you are under contract with a third party that might interfere with your ability to enter into agreements with Sponsors or their designees, as determined by Sponsors in their sole discretion. Sponsors reserve the right to exclude anyone convicted of a crime (other than moving violations of misdemeanor type that did not involve personal injury, drugs, or alcohol).
PARENTS AND LEGAL GUARDIANS: The parent or legal guardian of a minor Performer appearing in the Video will be required to acknowledge and agree to these Official Rules, execute and return the Contest Documents as specified below, and execute any other documents as requested by the Show all on behalf of the minor, or such minor Performer shall not be eligible to enter, participate, or win the Contest as applicable. Parent or legal guardian of minor Performers must be eighteen (18) years of age or older as of the start of the Contest Period and meet all of the eligibility requirements as specified above. Prize (as defined below) will be awarded in the name of parent or legal guardian on behalf of minor Performer.
HOW TO ENTER: To enter the Contest, during the Contest Period log on to http://www.today.com/starsoftomorrow (the “Website”), and follow the provided instructions to complete and thereafter submit the entry form, which includes your name, telephone number, email address, and date of birth (the “Entry”).
As part of the Entry, you will also be required to submit one (1) video (the “Video”) on the following theme: “What is my special talent?”. The Video must be in one (1) 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 forty (40) MB in size and no longer than sixty (60) seconds in length. If the Video exceeds sixty (60) seconds in length, only the first sixty (60) seconds will be judged. The Video cannot have been created professionally. Performer featured in the Video must be twenty-one (21) years of age or younger. The Video must feature only one (1) Performer. 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. You must submit the Video online according to the provided instructions on the Website. If the Video features a minor Performer, entrant must be parent or legal guardian of such minor Performer and must be able to verify relationship to be eligible for the Contest. If the Video does not feature a minor Performer, entrant must be the Performer in the Video.
All Entries become the property of Sponsors, and will not be acknowledged or returned. You must submit Video as part of your Entry to enter and be eligible for the Contest. Your Video must be original (that is, filmed and created by you), true and verifiable. You must have the permission of any person that you identify or otherwise refer to in your Video. 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 Video and to incorporate the Video in other works in any and all markets and media worldwide in perpetuity without additional compensation, notification, permission, or approval. 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. 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 shall have no obligation to copy, publish, display, or otherwise exploit the Video.
Entries must be received before February 15, 2013 at 10:59 A.M. ET to be eligible for the Contest. Sponsors’ computer shall be the official timekeeper for all matters related to this Contest. Limit one (1) Entry per Performer during 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 March 1, 2013 based on the following judging criteria (“Judging Criteria”): Originality (25%), Creativity (25%), and Talent (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. Sponsors will make two (2) attempts to notify potential Winners at the email address submitted at the time of Entry. Potential 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 three (3) days of such notification. Noncompliance within this time period, with these Official Rules or the return of or inability to deliver any Prize (defined below) or 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”), with one (1) Prize awarded to each Winner. Each Prize will consist of the following: a trip for Winner and one (1) guest (“Guest”) to New York, NY to appear on TODAY (“Trip”). Trip consists of the following: round-trip, commercial coach class air transportation for Winner and Guest from a major airport near Winner’s residence to a major airport in or near New York City; standard hotel accommodations (single room/double occupancy) for one (1) night at a hotel in or near New York City as determined by Sponsors in their sole discretion; and a scheduled appearance on TODAY for Winner only on March 15, 2013 (or on such other date designated by Sponsors subject to availability and Sponsors’ sole discretion) (“Appearance”). If Winner is the parent or legal guardian of the minor Performer appearing in a winning Video, then the Guest on the Trip must be the same minor Performer appearing in the Video. Winners will accompany such minor Guests on the Trip, the hotel stay, and the Appearance; only the minor appearing in the Video will be allowed to participate in Appearance. Winners must be the parent or legal guardian of such minor Guests, and must execute and return releases of liability and, except where prohibited, publicity releases on behalf of minors (collectively “Guest Documents”). Guest Documents must be returned with Contest Documents.
Estimated Retail Value (“ERV”) of each Prize is two thousand five hundred dollars ($2,500). ERV of all Prizes is five thousand dollars ($5,000). ERV of Appearance is zero dollars ($0). Actual Retail Value (“ARV”) of Prizes will vary depending on the point of departure, point of arrival, and fare fluctuation. Any difference between stated ERV and ARV will not be awarded. Winners will receive an Internal Revenue Service Form 1099 from Sponsors for the total ARV of Prizes for the calendar year in which Prizes were 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. 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.
Winners must be able to travel from March 14, 2013 through March 15, 2013 (or on such other dates designated by Sponsors). Trip must be taken within dates provided by the Sponsors, or Prize will be forfeited. Trip 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 Winners’ place of residence. Winners and Guests 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 Prizes. 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. Winners acknowledge that accepting any portion of Prizes shall constitute full satisfaction of Sponsors’ Prize obligation to Winners and no additional compensation will be awarded.
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 Appearance is subject to change. Appearance is subject to cancellation. If TODAY is not in production or is canceled for any reason, no substitution, transfer, or cash equivalent of the applicable portion of the Prizes will be provided in lieu thereof, no additional compensation will be awarded, and the remaining elements of Prizes shall not be awarded. If a Winner chooses to redeem Prize with no Guest, the remaining elements of Prize shall constitute full satisfaction of Sponsors’ Prize obligation to Winner and no additional compensation will be awarded. Guests, if any, may be required to execute and return Guest Documents, which must be returned with the Sweepstakes Documents, or Guest portion of Prize will be forfeited.
RECORDING: Sponsors, in their sole discretion, may choose to record and/or broadcast Appearance of Winners and/or Guests (as applicable) on TODAY. If Sponsors, in their sole discretion, elect to incorporate any audio and/or video recording of Winners and/or Guests (the “Recording”) into TODAY or other television shows, the taping and/or the Recording will not be considered an employment opportunity, and Winners and/or Guests 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. Winners and/or Guests 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. Failure of Winners and/or Guests to complete and execute these documents in a timely manner, as determined by Sponsors in their sole discretion, may cause the 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. Winners and/or Guests 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 Winners, cause the Prizes to be forfeited, and remove Winners and/or Guests from TODAY at any time, if any behavior of Winners and/or Guests are deemed by Sponsors to be disruptive or if they may or do cause damage to person, property, or reputation of Sponsors or if they otherwise violate the policies of Sponsors, or if Winners and/or Guests 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 Contest and/or his/her acceptance, possession, use, or misuse of Prize or any portion thereof (including any travel related thereto); (b) to indemnify Released Parties from any and all liability resulting or arising from the Contest and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to Prize, including express warranties provided exclusively by Prize supplier that are sent along with Prize; (c) if selected as a Winner, to the posting of such entrant’s name on Website and the use by Released Parties of such name, voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Contest itself, and to be bound by all decisions of the Sponsors, which are binding and final. Failure to comply with these conditions may result in disqualification from the Contest at Sponsors’ sole discretion.
ADDITIONAL TERMS: Sponsors reserve the right to permanently disqualify from any promotion any person they believe has intentionally violated these Official Rules. Any attempt to deliberately damage the Contest or the operation thereof is unlawful and subject to legal action by Sponsors, who may seek damages to the fullest extent permitted by law. The failure of Sponsors to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsors (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these Official Rules. Released Parties assume no responsibility for any injury or damage to entrants’ or to any other person’s computer relating to or resulting from entering or downloading materials or software in connection with the Contest. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of entry information; for errors in any promotional or marketing materials or in these Official Rules; for any human or electronic error; or for entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned. Sponsors reserve the right to cancel, modify, or suspend the Contest or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules). In the event of cancellation, modification, or suspension, Sponsors reserve the right to select Winners from among all eligible, non-suspect entries received prior to the time of the event warranting such cancellation, modification, or suspension based on the Judging Criteria above. Notice of such cancellation, modification, or suspension will be posted at Website. Sponsors may prohibit any entrant or potential entrant from participating in the Contest, if such entrant or potential entrant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsors, or Sponsors’ agents or representatives; or behaves in any other disruptive manner (as determined by Sponsors in their sole discretion).
DISPUTES: THE CONTEST IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN NEW YORK, NEW YORK. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN NEW YORK. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF NEW YORK. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
WINNER ANNOUNCEMENT: For the names of Winners, available after March 29, 2013, visit http://today.com/starsoftomorrow, or send a self-addressed, stamped envelope to be received by May 31, 2013 to: TODAY’S STARS OF TOMORROW CONTEST, 30 Rockefeller Plaza, New York, NY 10112, attn.: Sarah Clagett.