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TODAY’s Biggest Fan Contest: Official rules

TODAY is looking for our biggest fan ever for Fan Appreciation Week. Read the official rules here.
/ Source: TODAY

Enter TODAY's Biggest Fan Contest here.

TODAY’s Biggest Fan Contest – Win a Trip to NYC to See One Direction
Official RulesAugust 13, 2013—August 16, 2013

PRELIMINARY INFORMATION:  NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. Void where prohibited. The TODAY’s Biggest Fan Contest – Win a Trip to NYC to See One Direction (“Contest”) will begin on August 13, 2013 at 8:00 A.M. ET and end on August 16, 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 United State or the District of Columbia (excluding Alaska, Hawaii, Puerto Rico, Guam, the Virgin Islands, and other U.S. territories), and who are eighteen (18) years of age or older and of 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 TODAY Show (“TODAY”) and NBCUniversal Media, LLC, both located at 30 Rockefeller Plaza, New York, NY 10112 (collectively, “Sponsors”), and their respective parent, subsidiary, and affiliate companies, and administrative, advertising, and promotion agencies, and any other entity involved in the development, administration, promotion, or implementation of the Contest. 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 their sole discretion. At Sponsors’ request, potential Winner (defined below) must be willing to sign an affidavit attesting that they meet all of the foregoing eligibility requirements and possibly undergo a background check conducted by TODAY. Sponsors reserve the right in their sole discretion to disqualify potential Winner from the Contest for any reason at any time, including but not limited to, violating the Sponsors’ policies or causing damage to Sponsors’ reputation. Entrants may not participate in the Contest if entrants are under contract with a third party that might interfere with their ability to enter into agreements with Sponsors or their designees, as determined by Sponsors in their sole discretion.

HOW TO ENTER: To enter the Contest, during the Contest Period go to TODAY.com/BiggestTODAYFan (the “Website”), click on the Contest link, and follow the provided instructions to complete and thereafter submit the entry form, which includes your name, telephone number, email address, city, state, zip code, and birth year (the “Entry”).

As part of the Entry, you will also be required to submit one (1) video (the “Video”) on the following theme: “Tell us why you are the biggest TODAY show fan to win the trip to NYC to see One Direction”. Video must be in one (1) of the following electronic formats: .avi, .mov, .mpg/.mpeg, .wmv, .asf, or 3gp. The combined file size limit should be no larger than 40MB. Each file size should be larger than 1KB and no longer than thirty (30) seconds in length. If the Video exceeds thirty (30) seconds in length, only the first thirty (30) seconds will be judged. You must upload and submit the Video online according to the provided instructions on the Website. Your Video must be original (that is, filmed, created, and edited by you), true, and verifiable. Your Video cannot have been created professionally and must not contain watermarks or other copyright notices. Other than minor changes to lighting and coloring, your Video must not have been altered or edited in any manner that distorts the original Video. You must have the permission of any person that you identify or otherwise refer to in your Video. If any minors appear in your Video, you must be that minor’s parent and/or legal guardian. Your Video must not infringe on any third-party rights, including but not limited to copyright, trademark, privacy, or publicity. Your Video and any other portion of the Entry 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 Video.

You must submit the Video as part of your Entry to enter and be eligible for the Contest. All Entries become the property of Sponsors, and will not be acknowledged or returned. By entering the Contest, each 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 Video and to incorporate the Video in other works in any and all markets and media worldwide in perpetuity without compensation, permission, approval, or notification.  Each entrant warrants that he or she has 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 Videos contain material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive or if any Videos do not comply with these Official Rules or meet Sponsors’ standards for any reason, as determined by Sponsors in their sole discretion, such Videos (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 16, 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. You may enter once during the Contest Period. Multiple Entries received from any person 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: One (1) or more qualified judges selected by Sponsors (“Judges”) will review the eligible Entries received during the Contest Period and select one (1) potential winner (“Winner”) on or about August 20, 2013 based on the following judging criteria (“Judging Criteria”): Originality (50%) and Creativity (50%). In the event of a tie, the Judges will break the tie by selecting the tied entrant who received the highest points from the Judges for Originality as the potential Winner. In the event a tie remains, the tied Entries will be judged by an additional tie-breaking judge, using the Judging Criteria, to determine which of the tied entrants will be the potential Winner. Decisions of Sponsors and Judges are final and binding with respect to all matters related to the Contest. Representatives of Sponsors will attempt to contact potential Winner at least two (2) times using 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, “Contest Documents”) within one (1) day 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, the entrant with the next highest scoring Entry may be selected as an alternate potential Winner. Sponsors reserve the right to pick no potential Winner, 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 qualified Entries. Winning is subject to verification of eligibility.

PRIZE:  There will be one (1) prize awarded (“Prize”). Prize will consist of the following: a trip (the “Trip”) to New York City, NY for Winner and up to three (3) guests (“Guests”); and four (4) VIP passes (the “Passes”) for Winner and up to three (3) Guests to the TODAY Toyota Concert Series One Direction concert, scheduled to take place starting at 6:30 A.M. ET on August 23, 2013 at 30 Rockefeller Plaza, New York, NY 10112 (the “Event”). Trip will consist of the following elements, each as determined by Sponsors in their sole discretion: round-trip coach-class airfare for Winner and up to three (3) Guests from a major airport near Winner’s residence to a major airport in the New York metropolitan area (the “NY Airport”); and standard accommodations (single room, quadruple occupancy) at a hotel located in or near the New York metropolitan area (“Hotel”) for Winner and up to three (3) Guests for three (3) nights/four (4) days from August 22, 2013 to August 25, 2013; and round-trip ground transportation from the NY Airport to the Hotel. Winner and Guests must be available to travel from August 22, 2013 through August 25, 2013 (or on such other dates as specified by Sponsors in their sole discretion), or Prize will be forfeited. All Passes are for standing room only. If Winner is between the ages of eighteen (18) and twenty-one (21), he/she must be accompanied by an adult of at least twenty-one (21) years of age in order to check into the Hotel. A valid photo ID must be shown in order to check into the Hotel.

Estimated Retail Value (“ERV”) of Prize is six thousand dollars ($6,000). ERV of the Passes is zero dollars ($0). Actual Retail Value (“ARV”) of Prize may vary depending on the point of departure, point of arrival, and fare fluctuation for the Trip. Any difference between stated ERV and ARV will not be awarded. Winner will receive an Internal Revenue Service Form 1099 from Sponsors for the total ARV of Prize for the calendar year in which Prize was awarded. Sponsors will determine all details of Prize 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 Prize are the sole responsibility of Winner. 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. 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 based on the Judging Criteria at Sponsors’ sole discretion.

Trip must be taken within the dates specified by Sponsors, or Prize will be forfeited. All Trip arrangements must be made through Sponsors’ representatives and are subject to availability and the sole discretion of Sponsors. Certain travel restrictions and black-out dates may apply. Sponsors reserve the right in their sole discretion to substitute ground transportation for air transportation depending on Winner’s place of residence. Winner 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 Prize. Sponsors will not replace any lost or stolen tickets, travel vouchers or certificates. Tickets are non-refundable and not valid for business-related or group travel. Tickets are void if sold for cash or other consideration. Tickets are valid only for travel on airline chosen by Sponsors in their sole discretion. Trip may not be combined with any other offer, and travel may not qualify for frequent flyer miles. 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. Winner is 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.

Sponsors shall have no responsibility or liability for cancellations, delays, or any other change by any air carrier(s), lodging facilities, or any other company or person providing any element of Prize, and are not responsible or liable for any expenses incurred as a consequence thereof. Sponsors are not liable for any expenses incurred as a consequence of flight cancellation/delay. All travel and lodging will be at the risk of Winner and Guests. Passes to the Event are subject to certain terms and conditions as specified by issuer. Date and/or time of the Event are subject to change. Event is subject to cancellation.  If Winner chooses to redeem his/her Prize (or any Prize element) with fewer than three (3) or no Guests, the remaining elements of Prize shall be awarded (based on the number of Guests that Winner ultimately chooses) and 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 releases of liability and, except where prohibited, publicity releases (collectively, “Guest Documents”), which must be returned with the Contest Documents, or Guest portion of the Prize will be forfeited. If any Guest is a minor, he/she must be accompanied by a parent or legal guardian during his/her participation in Prize (or Prize element), and such parent or legal guardian must execute and return the Guest Documents on such minor’s behalf. If the behavior of Winner and/or Guests during the Event is deemed by Sponsors to be disruptive, or if it otherwise violates the policies of Sponsors, or if Winner and/or Guests do not follow the directions of Sponsors at all times, or for any other reason, at the sole discretion of Sponsors, Winner and/or Guests may be removed from the Event and no additional compensation will be awarded.

RECORDING: Sponsors, in their sole discretion, may choose to record and/or broadcast the appearance of Winner and Guests in connection with the Contest and/or Prize, including but not limited to interviewing Winner and Guests at the Event. If Sponsors, in their sole discretion, elect to publish, broadcast, or incorporate into any and all media now or hereafter known, any photograph, audio recording, and/or video recording of Winner and/or Guests (the “Materials”), the photographing, recording, and/or the Materials will not be considered an employment opportunity, and Winner and Guests will not be entitled to compensation or credit thereof. Sponsors expressly reserve the right to publish, broadcast, or exploit the Materials (or any edited version of the Materials) in their sole discretion in any and all markets and media worldwide in perpetuity without compensation, notification, permission, or approval. Sponsors will determine the nature of the Materials in their sole discretion. If the Materials are broadcast, such broadcast will be at a time, for a length of time, and on a date determined by Sponsors in their sole discretion. Winner and 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 redemption of Prize and any related participation. Failure of Winner and Guests to complete and execute these documents in a timely manner, as determined by Sponsors in their sole discretion, may cause Prize to be forfeited. The content of the Materials 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. Winner and Guests will not have a right of review, notice, or approval of the content of the Materials or any exhibition or exploitation thereof. Representatives of Sponsors have the right, in their sole discretion, to disqualify Winner, cause Prize to be forfeited, and remove Winner and Guests from the Event at any time, if any behavior of Winner and Guests is deemed by such representatives 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 Winner and Guests do not follow the directions of such representatives 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, Toyota Motor Corporation, 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 Winner 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). Sponsors reserve the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Contest.

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 name of Winner, available after August 23, 2013, visit TODAY.com/BiggestTODAYFan, or send a self-addressed, stamped envelope to be received by October 23, 2013 to: TODAY’s Biggest Fan Contest - Win a Trip to NYC to See One Direction, 30 Rockefeller Plaza, New York, NY 10112. Attn: Clarisa Kirk.