Today’s Quest for the Best Pint-Sized Picasso Contest
Official Rules
July 9, 2013 — August 8, 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 Pint-Sized Picasso Contest (“Contest”) will begin on July 9, 2013 at 9:00 A.M. ET and end on August 8, 2013 at 2:00 P.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 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) contiguous 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. 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. The artist (the “Artist”) who created the Artwork as depicted in the Artwork Photo (as described below) must be twelve (12) years of age or younger. Entrant must be the parent or legal guardian of the minor Artist and must be able to verify relationship to be eligible for the Contest. Contest is restricted to non-professionals. You may not participate in the Contest if you and/or the Artist 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 at their sole discretion 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 the minor Artist 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 TODAY all on behalf of the minor Artist. Parent or legal guardian of the minor Artist 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. Guest (defined below) must be the same minor Artist who created the winning Artwork in the Artwork and appeared in the Artist Photo (as described below) and Appearance element of Prize will be for Guest only.
HOW TO ENTER: To enter the Contest, during the Contest Period access www.today.com/questforthebest (the “Website”), and follow the provided instructions to complete and thereafter submit the entry form, which includes your name, telephone number, email address, date of birth, and one (1) photo (the “Artist Photo”) of the Artist (the “Entry”). The Artist Photo must feature only the minor Artist.
As part of the Entry, you will also be required to upload and submit one (1) photograph (the “Artwork Photo”) of an original artwork (“Artwork”) created by the minor Artist. Examples of acceptable original Artworks are sketches, paintings, sculptures, bead designs, and knitting. The Artist who created the artwork in the Artwork Photo must be twelve (12) years of age or younger. You must be the parent or legal guardian of the minor Artist and must be able to verify relationship to be eligible for the Contest. You must submit the Artwork Photo and the Artist Photo (collectively, the “Photos”) online according to the provided instructions on the Website. Other than minor changes to lighting and coloring, the Photos must not have been altered or edited in any manner that distorts the original Photos. Photos must have been taken by you. The Photos and/or the Artwork (collectively, the “Submissions”) cannot have been created professionally and must not contain watermarks or other copyright notices. The Submissions must be original, true, and verifiable. The Submissions must not infringe on any third-party rights, including but not limited to copyright, trademark, privacy, or publicity. You must have the permission of any person that is identified or otherwise referred to in the Submissions. TheSubmissions and any other portion of the Entries may be broadcast on TODAY, on the Website, and in promotions and advertisements for TODAY. However, Sponsors shall have no obligation to copy, publish, display, or otherwise exploit the Submissions.
All Entries become the property of Sponsors, and will not be acknowledged or returned. You must submit the Photos as part of your Entry to enter and be eligible for the Contest. By entering the Contest, you grant Sponsors on behalf of yourself and the Artist (who is your child) 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, notification, permission, or approval. You warrant that you have the sole and exclusive right to grant such rights on behalf of yourself and the Artist (who is your child) 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 Entries) may be rejected as ineligible for consideration. Entries must comply with all applicable laws, rules, and regulations.
Entries must be received before August 8, 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. Limit one (1) Entry per Artist during the Contest Period. Multiple Entries received from any Artist 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 name, city, state, likeness, image, and/or voice of the entrant and/or the Artist 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: 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 Winners (“Winners”) on or about August 8, 2013 based on the following judging criteria (“Judging Criteria”): Originality (25%), Creativity (25%), and Talent (50%). The three (3) Entries with the highest scores will be selected as the three (3) potential Winners. In the event of a tie, the Judges will break the tie by selecting the tied entrant whose Entry received the highest points from the Judges for Talent 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 three (3) or no potential Winners, to extend the Contest Period, or to cancel the Contest, if in their sole discretion, Sponsors do not receive a sufficient number of eligible and generally qualified Entries. Sponsors will make two (2) attempts to notify each potential Winner at the email address and/or telephone number submitted at the time of entry. If a potential Winner does not respond within twenty-four (24) hours of the initial contact, such potential Winner may be disqualified and Sponsors may, in their sole discretion, select the entrant with the next highest scoring Entry as an alternate potential Winner. Each potentialWinner 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 three (3) 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 the New York/New Jersey metropolitan area (“Trip”); and an opportunity for Guest only to appear on-air (“Appearance”) as part of TODAY’s Quest for the Best (“Segment”), scheduled to air on August 20, 2013 (or on such other date designated by Sponsors subject to availability and Sponsors’ sole discretion). Guest must be the same minor Artist who created the winning Artwork in the Artwork and appeared in the Artist Photo. Trip will consist of the following, each as determined by Sponsors in their sole discretion: round-trip, commercial coach class airfare for Winner and Guest from a major airport near Winner’s residence to a major airport in or near New York City; and standard hotel accommodations (single room/double occupancy) for Winner and Guest for one (1) night at a hotel in or near the New York/New Jersey metropolitan area on or about August 19, 2013 through August 20, 2013 as determined by Sponsors in their sole discretion. Each Winner will accompany his/her minor Guest on the Trip, the hotel stay, and the Appearance; only the minor Artist appearing in the Artist Photo will be allowed to participate in Appearance. Each Winner may also be required to execute and return on behalf of his/her Guest (who is the minor Artist) an affidavit of eligibility, release of liability, and, except where prohibited, publicity release (collectively, “Guest Documents”), which must be returned with the Contest Documents if required, or applicable Prize will be forfeited. Each Winner may be required to execute and return additional documents on behalf of himself/herself and his/her child (who is the minor Artist), which, among other things, will permit Sponsors to record and/or broadcast the Appearance of the minor Artist on TODAY.
Estimated Retail Value (“ERV”) of each Prize is two thousand five hundred dollars ($2,500). Total ERV of all Prizes is seven thousand five hundred dollars ($7,500). ERV of Segment, Appearance, and Rehearsal 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 for any reason at their sole discretion. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of each Prize are the sole responsibility of each Winner. Prizes cannot be transferred by Winners or redeemed for cash and are valid only for the items detailed above, with no substitution of a Prize by a Winner. 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 based on the Judging Criteria at Sponsors’ sole discretion.
Each Winner and Guest pair must be (a) available to travel to New York City from August 19, 2013 through August 20, 2013 (or on such other dates designated by Sponsors in their sole discretion), and (b) available for a Quest for the Best rehearsal (“Rehearsal”), scheduled to take place at the set of TODAY in New York, NY on August 19, 2013 at 4:00 P.M. ET, or applicable Prize may be forfeited. 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 and are subject to the sole discretion of Sponsors. Trip is subject to space availability, select blackout dates, and other travel restrictions. Sponsors have the right in their sole discretion to substitute ground transportation for air transportation depending on Winners’ place of residence. Each Winner and Guest pair 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 applicable Prize. Once issued, tickets are non-transferable and may not be reissued once travel has commenced. Open tickets may not be issued. 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. Tickets are non-refundable and not valid for business-related or group travel. Tickets are void if sold for cash or other consideration. Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. Sponsors will not replace any lost or stolen tickets, travel vouchers or certificates. All travel and lodging will be at the risk of Winners and Guests. Each Winner is solely responsible for all expenses and costs associated with acceptance and/or use of each 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. Each Winner acknowledges that accepting any portion of his/her Prize shall constitute full satisfaction of Sponsors’ Prize obligation to such Winner and no additional compensation will be awarded.
Sponsors shall have no responsibility or liability for cancellations, delays, or any other change by any air carrier(s), lodging facilities, company, or person providing any element of Prizes, and are not responsible or liable for any expenses incurred as a consequence thereof. Date and/or time of Rehearsal, Segment, and/or Appearance are subject to change. Rehearsal, Segment, and/or Appearance are 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 his/her Prize with no Guest, the remaining elements of his/her Prize shall constitute full satisfaction of Sponsors’ Prize obligation to such Winner and no additional compensation will be awarded.
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 may 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 the set of 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 August 20, 2013, visit today.com/questforthebest, or send a self-addressed, stamped envelope to be received by October 20, 2013 to: Today’s Quest for the Best Pint-Sized Picasso Contest, 30 Rockefeller Plaza, 366E-7 New York, NY 10112.