March 1, 2014 at 2:16 PM ET
Kathie Lee and Hoda’s “Pop the Question” Contest
Voting Rules and Procedures
These Voting Rules and Procedures for the Kathie Lee and Hoda’s “Pop the Question” Contest (“Contest’) are subject to change at any time at the sole discretion of the TODAY Show (“TODAY”) and NBCUniversal Media, LLC (“Sponsors”). Void where prohibited.
Voting (“Voting”) is simple and easy. To vote for the Finalist whose marriage proposal video you think is the most romantic, creative, and original, watch/tune in to TODAY with Kathie Lee and Hoda on NBC and follow the on-air instructions. Check your local listings to see when TODAY with Kathie Lee and Hoda airs in your area. To vote, access the Kathie Lee and Hoda website, http://KLGandHoda.com/ (“Website”) and follow the links to complete the Voting process. The Finalist who receives the most Votes (as defined below) during the Voting Period, as determined by Sponsors in their sole discretion, will be named the potential Winner subject to verification of eligibility and compliance with the Contest Official Rules. Voting will be conducted pursuant to these Voting Rules and Procedures and any such other rules and procedures as TODAY may from time to time designate.
Eligibility: You must be 18 years of age or older to submit your vote (“Vote”). You must be a permanent legal resident of the United States or the District of Columbia.
Voting Period and Restrictions: Voting is open from March 3, 2014 at 10:00 A.M. ET until March 11, 2014 at 11:59 P.M. ET (“Voting Period”). Voting is currently limited to one (1) Vote per person during the Voting Period, but TODAY reserves the right to change the limit on the number of Votes, in its sole discretion. Notification regarding any such change will be announced on-air and/or posted on the Website.
How to Vote Online: Log onto the Website and view the Voting choices available during the Voting Period. You may submit your Vote during the Voting Period by clicking on the box next to your selection. A checkmark will appear in the box confirming your selection.
General Conditions: TODAY has the right, in its sole discretion, to void any Vote that appears, to have been made by a person not meeting the eligibility requirements set forth above, or to be an automated or duplicate Vote, and has the right to permanently disqualify from any Voting any person it believes has violated these rules. If for any reason the Voting is not capable of being run or implemented as planned, including, but not limited to, as the result of infection by computer viruses or bugs, tampering, unauthorized intervention, fraud, or any other cause beyond the control of TODAY, which is likely to, or actually corrupts or affects the administration, security, fairness, integrity, or proper conduct of the Voting, then TODAY reserves the right, in its sole discretion, to withdraw the transmission of any Vote and/or to terminate or suspend the Voting at any point and declare the Voting results based upon the Votes up to that point. In the event of technical difficulties with the Voting, including, but not limited to, mobile or Internet service interruptions, TODAY reserves the right to review the Votes for accuracy and to take any appropriate action, including, without limitation, voiding the Votes cast during the time period in which such technical difficulties occurred. TODAY, NBC Universal Media, LLC., their respective parents, affiliates, subsidiaries, and advertising and promotion agencies, any other entity involved in the development or administration of the Voting, and each of their respective directors, officers, employees and assigns (collectively the “Released Parties”) are not responsible for any computer, network, technical, electronic, human or other errors or problems of any kind, for any injury or damage to participants or to any person’s computer or mobile phone relating to or resulting from Voting or downloading materials or software in connection with the Voting, or for Votes that are stolen, misdirected, garbled, delayed, lost, or late. By participating, each individual agrees to release and hold the Released Parties harmless against any and all claims and liability of any kind arising in whole or in part, directly or indirectly, out of their participation in the Voting.
Caution: Any attempt by you or any other individual to deliberately damage any online service, mobile phone service, or web site, tamper with the Voting process, or otherwise undermine the legitimate operation of the Voting is a violation of criminal and civil laws and should such an attempt be made, Released Parties reserve the right to seek damages and/or other remedies from any such person to the fullest extent permitted by law.
Disputes: THESE RULES, AND SUBMISSION OF YOUR VOTE, ARE 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.