Mother’s Day Contest
Official Rules April 22, 2013—April 29, 2013
PRELIMINARY INFORMATION: NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. Void where prohibited. The Mother’s Day Contest (“Contest”) will begin on April 22, 2013 at 2:00 P.M. ET and end on April 29, 2013 at 3:00 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. PRIZES DO NOT INCLUDE TRANSPORTATION OR ACCOMMODATIONS.
ELIGIBILITY: Open only to permanent, legal United States (“U.S.”) residents who are physically residing in one (1) of the forty-eight (48) continental United States 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 The 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. Mother (defined below) nominated in the Entry must also meet all eligibility requirements stated above and outlined throughout these Official Rules.
HOW TO ENTER: To enter the Contest, during the Contest Period access http://www.today.com (the “Website”), click on the link under the “Heard it on TODAY?” banner, and then click on the Contest link. Then, 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) statement of two hundred fifty (250) words or less (the “Essay”) on the following theme: “Why My Mother Deserves To Be Honored”. You must submit the Essay online according to the provided instructions. The Essay must be original (that is written by you), true, and verifiable. The Essay must be submitted in the English language. The Essay must be referencing or describing your own mother (the “Mother”). As part of the Entry, you may choose to upload the following online according to instructions provided on the Website: up to three (3) photographs of the Mother (“Photos”). Photos must not have been taken by a professional photographer, and must contain no watermakrs or other copyright notices. Photos must have been taken by you. You must have permission from the Mother and any and all persons identified or otherwise referred to in your Essay, your Photos, or any other part of your Entry. All Entries become the property of Sponsors and will not be acknowledged or returned.
You must submit the Essay as part of your Entry to enter and be eligible for the Contest. Essays and Photos shall be collectively referred to herein as the “Submissions”. By entering the Contest, entrants grant 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, approval, permission, or notification. Entrants warrant that they have 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 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. If any minors appear in the Submissions, the entrant must be that minor’s parent and/or legal guardian. Entries must comply with all applicable laws, rules, and regulations. Submissions and any portion of the Entry may be broadcast on TODAY, on the Website, and in promotions and advertisements for TODAY. Sponsors shall have no obligation to copy, publish, display, or otherwise exploit the Submissions.
Entries must be received before April 29, 2013 at 3:00 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 only 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 all eligible Entries received during the Contest Period and select twenty-five (25) potential winners (“Winners”) on or about May 1, 2013 based on the following judging criteria (“Judging Criteria”): Soundness of the Essay (70%) and Creativity of the Essay (30%). The twenty-five (25) Entries with the highest scores will be selected as the twenty-five (25) potential Winners. In the event of a tie, Judges will break the tie by selecting the tied entrant who received the highest points from Judges for Soundness of the Essay 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 twenty-five (25) Winners, or to extend the Contest Period if in their sole discretion, Sponsors do not receive a sufficient number of eligible and qualified Entries. Sponsors’ representatives will make two (2) attempts to notify potential Winners at the phone number and/or email address submitted at the time of entry. Each 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 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, an alternate potential Winner may be selected from among all eligible remaining Entries based on the Judging Criteria. Limit one (1) Prize per family or household.
PRIZE: There will be twenty-five (25) prizes awarded (“Prizes”), with one (1) Prize to each Winner. Each Prize will consist of the following: two (2) admission passes for Winner and one (1) guest (“Guest”) to the Today Show segment (the “Segment”) scheduled to air on May 3, 2013 (or on such other date designated by Sponsors in their sole discretion) for an opportunity to participate as an audience member. PRIZES DO NOT INCLUDE TRANSPORTATION OR ACCOMMODATIONS. Each Winner will be solely responsible for providing travel for himself/herself and his/her Guest to and from the Today Show studio in New York City, NY on May 3, 2013 (or on such other date designated by Sponsors in their sole discretion), or Prize may be forfeited. Guest must be the Mother nominated in the Entry.
Estimated Retail Value (“ERV”) of each Prize is zero dollars ($0). ERV of all Prizes is zero dollars ($0). Actual Retail Value (“ARV”) of each Prize may vary. Any difference between stated ERV and ARV will not be 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. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prizes are the sole responsibility of Winners. Prizes cannot be transferred by Winners or redeemed for cash and are valid only for the items detailed above, with no substitution of Prizes by Winners. 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 at Sponsors’ sole discretion based on the Judging Criteria.
Prizes are subject to certain terms and conditions as specified by issuer. Sponsors shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of Prize, 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. If a Winner chooses to attend the Segment with no Guest, the remaining elements of Prize shall constitute full satisfaction of Sponsors’ Prize obligation to such 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. Winners and Guests must agree to abide by all rules and regulations in connection with the Segment. Prizes will be awarded “as is” with no warranty or guarantee, either express or implied by Sponsors. All travel and lodging will be at the risk of Winners and Guests.
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 YQORK. 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 May 3, 2013, visit http://www.today.com, or send a self-addressed, stamped envelope to be received by July 3, 2013 to: Today Show, “Mother’s Day Contest”, 30 Rockefeller Plaza, New York, NY 10112, Attn: Kate Cook.