Today’s Quest for the Best Trained Pet
August 20, 2013 – September 6, 2013
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PRELIMINARY INFORMATION: NO PURCHASE NECESSARY. A purchase will not improve your chances of winning. Void where prohibited. The Today’s Quest for the Best Trained Pet Contest (“Contest”) will begin on August 20, 2013 at 9:00 A.M. ET and end onSeptember 6, 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.
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) 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 areeighteen (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 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. Each entrant must be the owner of the pet (the “Pet”) featured in his/her Video (defined below). The Pet must be a healthy pet that is not easily started by cameras, groups of people, and travel, and must be eligible and able to travel in accordance with FAA, TSA, and airline regulations, state laws and restrictions, and any other applicable regulations. 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, each potential Winner 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. 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. Any decisions by Sponsors as to the eligibility of entrants and/or Pets are final and binding.
HOW TO ENTER: To enter the Contest, during the Contest Period access http://www.Today.com/QuestfortheBest(the “Website”), and follow the provided instructions to complete and thereafter submit the entry form (“Entry”), which includes your name, telephone number, birth year, email address, and one (1) recent photograph (the “Photo”) of yourself only . As part of the Entry, you will also be required to upload and submit the following online according to the instructions provided on the Website: one (1) video of your Pet performing an obedient act (the “Video”). You must be the owner of the Pet featured in the Video. Video must be in one (1) of the following electronic formats: .avi, .mov, .mpg/.mpeg, and .wmv. The combined file size limit is twenty (20) MB. Each Video should not exceed two (2) minutes in length. If any Video exceeds two (2) minutes in length, only the first two (2) minutes of the Video will be judged. Your Photo must be original (that is, taken by you), true, and verifiable. Your Video must be original (that is, filmed, created, and edited by you), true, and verifiable. Your Photo and/or Video (collectively, the “Submissions”) cannot have been created professionally and must not contain watermarks or other copyright notices. Other than minor changes to lighting and coloring, your Submissions must not have been altered or edited in any manner that distorts the original Submissions. You must have permission of any person that you identify or otherwise refer to in your Submissions. If any minors appear in your Submissions, you must be that minor’s parent and/or legal guardian. Your Submissions must not infringe on any third-party rights, including but not limited to copyright, trademark, privacy, or publicity. YourSubmissions and any other portion of your 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. All Entries become the property of Sponsors and will not be acknowledged or returned.
You must submit the Submissions as part of your Entry in order to enter and be eligible for the Contest. 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 Submissions and to incorporate the Submissions 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 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 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 September 6, 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 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 FIRST PRIZE 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 September 6, 2013, based on the following judging criteria (“Judging Criteria”): Originality (50%) and Execution of Obedient Act (50%). 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 Execution of Obedient Act 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 Sponsors and Judges are final and binding with respect to all matters related to the Contest. Representatives of Sponsors will attempt to contact each potential First Prize Winner at least two (2) times, using the phone number and/or email address 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 their sole discretion, select the runner-up Entry with the next highest score based on the Judging Criteria as a potential First Prize Winner. PotentialFirst 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. 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' sole discretion, and time permitting, the entrant with the next highest scoring Entry may be selected as an alternate potential First Prize Winner. Sponsors reserves the right to select fewer than three (3) or no potential First Prize Winners, to extend the Contest Period, or to cancel the Contest, if an insufficient number of eligible, complete, tasteful, appropriate, or generally qualified Entries are received by Sponsors as determined by Sponsors in their sole discretion. All potential First Prize Winners will be selected subject to verification of eligibility and compliance with the terms of these Official Rules.
FIRST PRIZES: There will be three (3) first prizes awarded (each, a “First Prize”), with one (1) First Prize awarded to each First Prize Winner. Each First Prize consists of the following: a trip (the “Trip”) to New York/New Jersey metropolitan area for First Prize Winner and his/her Pet (as featured in the Video); and an opportunity for First Prize Winner and his/her Pet to participate in an on-air appearance (“Appearance”) as part of TODAY’s Quest for the Best (“Segment”), scheduled to air on September 17, 2013 (or on such other date designated by Sponsors in their sole discretion). The Trip will consist of the following elements, each as determined by Sponsors in their sole discretion: accommodations (standard room, single occupancy, pet-friendly) for one (1) night/two (2) days at a hotel in the New York/New Jersey metropolitan area (the “Hotel”) on or about September 16, 2013 through September 17, 2013; round-trip, coach-class airfare for First Prize Winner and his/her Pet from a major airport near First Prize Winner’s residence to a major airport in the New York/New Jersey metropolitan area (”Destination Airport”); round-trip ground transportation between Destination Airport and Hotel, and Hotel and set of TODAY in New York, NY (“TODAY Set”). Each First Prize Winner and his/her Pet must be (a) available to travel to New York City from September 16, 2013 through September 17, 2013 (or on such other dates as specified by Sponsors in their sole discretion), and (b) available for a Quest for the Best rehearsal (“Rehearsal”) at TODAY Set on September 16, 2013 at 4:00 PM ET at TODAY Set, or his/her Prize may be forfeited.
The Estimated Retail Value (“ERV”) of each First Prize is two thousand dollars ($2,000). The total ERV of all First Prizes awarded in the Contest is six thousand dollars ($6,000). ERV of Segment, Appearance, and Rehearsal is zero dollars ($0). Actual Retail Value (“ARV”) of First Prizes will vary depending on the 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 each First Prize are the sole responsibility of each First Prize Winner. Each First Prize Winner 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 prize (or prize element) of comparable or greater value for any reason in their sole discretion. First Prizes cannot be transferred by First Prize Winners or redeemed for cash and are valid only for the items detailed above, with no substitution of a First Prize by a First Prize Winner. 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. Date and/or time of Appearance, Segment, and/or Rehearsal are subject to change. Appearance, Segment, and/or Rehearsal are subject to cancellation. If TODAY is not in production or the Appearance, Segment, and/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.
Trip must be taken within the dates specified by Sponsors, or First Prize will be forfeited. No other travel elements (including, without limitation, insurance, gasoline, meals, gratuities, souvenirs, etc.) are included in First Prize. Airline and Hotel reservations are subject to availability. Trip arrangements must be made through Sponsors’ agent, on a carrier of Sponsors’ choice. Certain travel restrictions may apply. Ticket(s) are non-refundable and not valid for business-related or group travel. Ticket(s) 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. Ticket(s) will be issued only to First Prize Winners. Ticket(s) are void if sold for cash or other consideration. Sponsors will not replace any lost or stolen tickets, travel vouchers, or certificates. Trip may not be combined with any other offer, and travel may not qualify for frequent flyer miles. Once issued, ticket(s) are non-transferable and may not be reissued once travel has commenced. Open ticket(s) 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. Each First Prize Winner must have valid travel documents (e.g., valid government-issued photo identification and/or passport) for himself/herself and his/her Pet prior to departure, and failure to do so will result in forfeiture of First Prize. Each First Prize Winner must travel with his/her Pet. First Prize consists only of the elements set forth above. First Prize Winners are solely responsible for all expenses and costs associated with acceptance and/or use of First Prizes not specifically stated herein as being awarded, including but not limited to any tax liability, including applicable departure taxes or fees, all taxes and fees assessed at the time of ticketing, inspection charges, and security charges. All travel and lodging will be at the risk of First Prize Winners.
Sponsors shall have no responsibility or liability for cancellations, delays, or any other change by any air carrier(s), lodging facilities, or other company or person providing any element of First Prize due to reasons beyond Sponsors’ control, 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. First Prize Winners may be required to execute and return additional documents, which, among other things, will permit the Sponsors to record and/or broadcast First Prize Winners’ Appearances on TODAY, however, Sponsors are under no obligation whatsoever to do so. 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. 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.
RECORDING: Sponsors, in their sole discretion, may choose to record and/or broadcast the Appearance of First Prize Winners and/or their Pets on TODAY. If Sponsors, in their sole discretion, elect to incorporate any audio and/or video recording of First Prize Winners and/or their Pets (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 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 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 Prize 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 Prize to be forfeited, and remove First Prize Winners from TODAY Set at any time, if any First Prize Winner’s 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.
SELECTION OF GRAND PRIZE WINNER: During First Prize Winners’ Appearances on Segment, one (1) First Prize Winner will be selected as the one (1) potential grand prize winner (“Grand Prize Winner”) by one (1) or more qualified judges selected by Sponsors (“Grand Prize Judges”). During their Appearances, each First Prize Winner will be required to talk about how he/she trained his/her Pet, and lead his/her Pet in performing one (1) obedient act. Grand Prize Judges will then score First Prize Winners based on the following judging criteria (“Grand Prize Judging Criteria”): Originality (50%), and Execution of Obedient Act (50%). 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 Execution of Obedient Act as the potential Grand Prize Winner. In the event a tie remains, an additional tie-breaking judge will judge the tied First Prize Winners, 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 to be featured as “The Best” (specifics of Grand Prize to be determined by Sponsors in their sole discretion).Grand Prize Winner 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 Prize will be determined by Sponsors in their sole discretion. Sponsors reserve the right to substitute a similar prize (or prize element) of comparable or greater value for any reason 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.
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 First Prize and/or Grand Prize (collectively, the “Prizes”) 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 the Prizes, including express warranties provided exclusively by Prize supplier that are sent along with the Prizes; (c) if selected as a First Prize Winner and/or Grand Prize 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 September 17, 2013, visit http://www.Today.com/QuestfortheBest or send a self-addressed, stamped envelope to be received by November 20, 2013 to: Today’s Quest for the Best Trained Pet Contest, 30 Rockefeller Plaza Suite 366E-7, New York, NY 10112.
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