Aug. 29, 2013 at 4:37 PM ET
Be Bold TODAY
September 3, 2013—September 13, 2013
PRELIMINARY INFORMATION: No purchase necessary. A purchase will not improve your chances of winning. Void where prohibited. Be Bold Today (“Contest”) will begin on September 3, 2013 at 12:01 A.M. ET and end on September 13, 2013 at 11:59 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 fifty (50) United States 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 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, each potential Winner (defined below) must be willing to sign an affidavit attesting that he/she meets 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 each 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 log on to klgandhoda.com (the “Website”), click on the Contest icon, and follow the provided instructions to complete and thereafter submit the entry form, which includes your name, address, 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: “Be Bold: What is my Bold List item and why TODAY should choose me to fulfill my wish on-air.” Your Video must be in one (1) of the following electronic formats: avi, .mov, .mpg/.mpeg, .wmv, .asf, and 3gp. Your Video must be no larger than forty (40) MB in size and no longer than sixty (60) seconds in length. If your Video exceeds sixty (60) seconds in length, only the first sixty (60) seconds will be judged. You must upload and submit the Video online according to the provided instructions on the Website. Your Video must not infringe on any third-party rights, including but not limited to copyright, trademark, privacy, or publicity. 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. Any references to Progresso® in the Video will automatically disqualify your Entry from the Contest. 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. By entering the Contest, you understand that you are participating in the Contest at your own risk and that you should not engage in any potentially dangerous or illegal activities and/or behavior in the Video. Sponsors shall not be responsible or liable for any harm or damage that may result from any and all activities you choose to perform in the Video. Your Video 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.
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/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 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.
Entries must be received before September 13, 2013 at 11:59 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 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 two (2) potential winners (each a “Winner”) on or about September 16, 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 each potential Winner at least two (2) times using the phone number and/or email address submitted at the time of entry. PotentialWinners 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' 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 fewer than two (2) 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 qualified Entries. Winning is subject to verification of eligibility. Please note that Sponsors may share Winners’ contact information with General Mills, Inc. for potential promotional opportunities tied to the Progresso® brand’s Bold initiative.
PRIZE: There will be two (2) prizes awarded (each a “Prize”), with one (1) Prize to each Winner. Each Prize will consist of the following: an opportunity to execute the Bold List item described in the Video during an on-air segment (the “Segment”). Segment will consist of the following (subject to availability and the sole discretion of Sponsors): either an opportunity to be filmed live in-studio in New York, NY or an opportunity to be pre-filmed on a location to be determined by Sponsors in their sole discretion; such filming will occur on a day to be determined by Sponsors at their sole discretion between September 30, 2013 and October 11, 2013 (or on such other dates designated by Sponsors in their sole discretion). Each Winner must follow the directions of Sponsors’ representatives at all times during the Segment. Sponsors have the right, in their sole discretion, to disqualify each Winner and/or cause his or her Prize to be forfeited, if his or her behavior is deemed by Sponsors to be disruptive, if he or she does not follow the directions of Sponsors’ representatives at all times, if he or she otherwise violates the policies of Sponsors, or if he or she creates a potential for or causes death, disability, injury, property damage, or any other negative incident (including but not limited to damage to the reputation of Sponsors) during the Segment or during his or her acceptance and/or use of his or her Prize. Estimated Retail Value (“ERV”) of each Prize is one thousand two hundred dollars ($1,200).
Total ERV of all Prizes is two thousand four hundred dollars ($2,400). Actual Retail Value (“ARV”) of Prizes may vary. Any difference between stated ERV and ARV will not be awarded. Each Winner will receive an Internal Revenue Service Form 1099 from Sponsors for the total ARV of his/her Prize for the calendar year in which Prize was awarded. Sponsors will determine all details of each 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 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.
Sponsors shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of each Prize due to reasons beyond Sponsors’ control, and are not responsible or liable for any expenses incurred as a consequence thereof. Date and/or time of the Segment are subject to change. Segment is subject to cancellation. All arrangements to redeem each Prize must be made through representatives of Sponsors and will be subject to availability and the sole discretion of Sponsors.
RECORDING:Sponsors, in their sole discretion, may choose to record and/or broadcast the appearance of Winners in connection with the Contest and/or Prize, including but not limited to in the Segment. 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 Winners (the “Materials”), the photographing, recording, and/or the Materials will not be considered an employment opportunity, and Winners 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. Each Winner 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 a Winner to complete and execute these documents in a timely manner, as determined by Sponsors in their sole discretion, may cause his/her 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. Winners 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 a Winner, cause his/her Prize to be forfeited, and remove a Winner from the Segment at any time, if any behavior of a Winner 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 a Winner does 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 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 the 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). 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 names of Winners, available after October 11, 2013, visit KLGandHoda.com, or send a self-addressed, stamped envelope to be received by December 11, 2013 to: Be Bold TODAY, 30 Rockefeller Plaza New York, NY 10112.