TODAY’s Best in Show
We asked dog owners to send in videos of their dogs performing their most skillful and adorable tricks and to share their heartwarming story. Starting in November, 12 semifinalists will come to New York and share their talent or story live on our plaza. Viewers will vote for their favorite dog, and every Friday we'll feature the results, ultimately narrowing the pool down to a final three.
In December, the three finalists will come back to the plaza, have a photo shoot in the December 3 issue of US Weekly magazine and one victorious dog will become “TODAY's Best in Show” and receive a grand prize package.
The contest is now over. Please watch TODAY for the winners.
PRELIMINARY INFORMATION: No purchase necessary to enter or win. Void where prohibited. Today’s “Best in Show” Contest (the “Contest”) begins on October 16, 2008 at 9:00am ET and ends on November 6, 2008 at 5:00pm (“Contest Entry Period”). Entry into this Contest constitutes your acceptance of these Official Rules. The Contest will be run in conjunction with The Today Show (“TODAY” or the “Show”), which airs weekdays at 7:00 am on NBC. All times in this Contest refer to Eastern Standard Time (“ET”). NBC Universal, Inc. (“NBC”) shall be the sponsor of this Contest.
ELIGIBILITY: You must be a legal, permanent U.S. resident physically residing within the continental United States (residents of Hawaii, Puerto Rico, Virgin Islands and Guam are excluded from entry and participation) who is 18 years of age or older as of the start of the Contest Entry Period. Employees of TODAY, NBC, MSNBC Cable LLC, NBC’s affiliated TV stations or websites, their respective advertising and promotion agencies, their parent, subsidiary and joint venture companies, and members of their immediate families (spouses, and parents, children, siblings and their spouses) and members of the households of any of the above (whether or not related) are not eligible to enter or win the Contest. Contestants must also be of good moral character. TODAY reserves 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). Contestants must have nothing in their background that would be an embarrassment to NBC or TODAY, and contestants may not be elected officials or currently running for any political office (local, state or federal). Each contestant must be willing to sign a publicity release and an affidavit attesting that each contestant meets all of the foregoing eligibility requirements and send this affidavit/publicity release with their entry as required or otherwise at TODAY’s request. TODAY reserves the right to disqualify contestants for not meeting any of the requirements outlined above or for any other reasons, in TODAY’s sole discretion. Contestants must agree that, if selected as a Semi-Finalist or Finalist (both as defined below), they will be available to travel to New York City on dates chosen by TODAY which are subject to change in the sole discretion of TODAY.
Please note that by entering you agree that if you are chosen as a potential Semi-Finalist you will undergo a background check conducted by TODAY and, if necessary, you will sign waiver forms authorizing the release of your personal and background information.
HOW TO ENTER: During the Contest Entry Period, there are two (2) ways to enter, either online or via the mail.
(A) Online Entry Instructions: To enter online, go to www.todayshow.com the (“Website”) and follow the provided instructions to complete the online entry form including your name, address (including hometown), telephone numbers (daytime and evening) and email address and then complete an Affidavit of Eligibility/Publicity Release as prompted by the Website (“Entry Form”). Then make an original video of you and your dog or just your dog, showing us your dog’s talent and why your dog should be the Today Show “Best in Show” winner (the “Video”). Then, by using the upload option according to the instructions on the Website, submit your Video in one of the following electronic formats: QuickTime (.mov) or Windows Media Video (.wmv) files. Video must be no larger than 15mb in size, no longer than sixty (60) seconds in length, and should be in one of the applicable formats listed above. In addition, you must submit an original description in English (approximately five hundred (500) words, or less), telling us about your dog (for example, about its breed, personality, funny story or interesting characteristic) and/or why you think your dog should win the Contest (“Essay”). The Essay, the Video and the Entry Form, shall be collectively referred to herein as the “Entry”. All online entries must be submitted November 6, 2008 at 5:00pm ET.
(B) Mail In Entry Instructions: Print the Entry Form from the Website and follow the provided instructions to complete the Entry Form for inclusion with your mail-in entry. Then make a Video and draft your Essay as described above. Mail in Essay must be typed and legible. You may submit your Video using either the VHS or DVD formats. Then, print your name, address, telephone numbers (daytime and evening) and email address on a label, and affix the label to your Video. Send the labeled Video, your Essay and your completed Entry Form (including a signed copy of the Affidavit of Eligibility/Publicity Release, as required) in a single package to the following mailing address: TODAY, NBC, c/o Today “Best In Show” Contest, 30 Rockefeller Center, New York, New York 10112. All mail in entries must be postmarked by November 6, 2008 and received no later than November 13, 2008.
Limit one (1) entry per person/ household/email address for the duration of the Contest Entry Period regardless of method of entry. The same dog may not be used for multiple entries. Multiple entries received from any person or for any dog will void all such additional entries and only the first eligible entry received from such person/household/email address will be eligible for entry. Dog must be owned by, and accessible to, contestant at time of entry and throughout the Contest Entry Period and all judging periods. Contestant must be the owner, and be in legal possession, of the dog and no one other than the dog owner and/or owner’s dog may appear in the Video. Videos and Essays must be original, truthful, unpublished, created solely by the submitting contestant, must not have been submitted in any other competition, and must not include any music, singing, photos, film or other images that are not originally taken or created by you and must not infringe upon any rights of any third party, including but not limited to copyright, trademark and right of privacy and publicity. In case of a dispute over the identity of an entrant who submitted a potentially winning Entry, TODAY reserves the right to deem that the Entry was submitted by the registered subscriber of the email address submitted at the time of Entry.
By entering, you agree that you created the Video and the Essay and you have any required permissions to submit your entry to the Contest subject to the terms of these Official Rules. There must not be any proprietary dog outfits, background containing artwork or recognizable commercial logos, or any inappropriate or offensive materials in the Video or Essays. Entries that are incomplete, illegible, garbled, late, damaged, corrupted or postage due are void and will not be accepted. By entering, you agree that the Video, Essay and any other portion of your Entry may be broadcast on TODAY and in promotions and advertisements for TODAY. All Entries become the property of TODAY and NBC, and will not be acknowledged or returned.
By entering the Contest, contestant grants NBC and TODAY the non-exclusive, royalty-free, and irrevocable right to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, edit (including for length) and otherwise exploit the contestant’s Video and/or Essay and to incorporate the Video and/or Essay in other works in any and all markets and media now or hereafter known worldwide in perpetuity without additional compensation, notification, permission or approval. Contestants warrant that they have the sole and exclusive right to grant such rights to NBC and TODAY and that NBC and TODAY’s reproduction, publishing, displaying, and/or other use of their Entry, or any portions thereof will not infringe on any rights of third parties, including, without limitation, copyright, trademark, defamation, privacy, or publicity, or create claims for false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract. Any Videos and/or Essays containing material that is violent, pornographic, obscene, illegal, inappropriate (including any depictions of cruelty to animals), or racially or morally offensive or that does not comply with these Official Rules or meet TODAY’s standards for any reason, as determined by TODAY in its sole discretion, will be rejected as ineligible for consideration. Entries must comply with all applicable laws, rules, and regulations. Contestant also warrants that he/she has obtained written permission when photographing on private property not owned or controlled by contestant, where such permission is required. Upon request, you must provide TODAY with signed releases from the owners of any private property where you photographed. TODAY shall have no obligation to copy, publish, display, or otherwise exploit the Videos or the Essays.
SELECTION AND NOTIFICATION OF THE SEMI-FINALISTS, FINALISTS, AND GRAND PRIZE WINNER: There will be three (3) rounds of judging: Round 1: Semi-Finalist Judging, Round 2: Finalist Judging and Round 3: Grand Prize Judging.
(A) Round 1: Semi-Finalist Judging. Employees of TODAY (“Judges”) will review the eligible Entries received during the Contest Entry Period and select up to twelve (12) semi-finalists (each a “Semi-Finalist”) based equally on the following judging criteria: likeability, personality, originality of dog’s talent, enthusiasm and background story (“Judging Criteria”). The Semi-Finalists will be awarded the Semi-Finalist prize (as described below). The selection and review process may occur on a rolling basis as Entries are received. Judging will be based on the Essays and Videos as well as any telephone or personal interviews or other solicitations for more information that TODAY may elect to conduct with some or all potential Semi-Finalists. In the event of a tie, the Judges will break the tie by selecting the tied contestant who received the highest points for originality of dog’s talent from the Judges. TODAY will make two (2) attempts to notify potential Semi-Finalists in person or at the phone number and/or email address submitted at the time of entry. All Semi-Finalists will be required as a condition of continued eligibility to complete and sign an Affidavit of Eligibility, Waiver of Liability, and, except where prohibited, Publicity Release (collectively, “Contest Documents”) within three (3) days of such notification. Noncompliance within this time period will result in disqualification. Each potential Semi-Finalist must agree to make themselves and their dog available to be in New York between November 13, 2008 and November 26, 2008 on dates determined by TODAY, or on such other dates designated by TODAY in its sole discretion and agree to appear live on TODAY and to otherwise be available to be videotaped and/or interviewed by TODAY, in their homes, or in the broadcast studio in New York (or in another location selected by TODAY in its sole discretion). If for any reason any of the Semi-Finalists do not meet any of the above requirements, or do not satisfactorily execute all of the Contest Documents, each as determined by TODAY in its sole discretion, they may be disqualified and the Judges may select the runner-up as an alternate potential Semi-Finalist. Each potential Semi-Finalist must agree to keep in strictest confidence and not to disclose to any person, including other contestants, or any other third party, any information whatsoever concerning the fact that they are potential Semi-Finalists. TODAY reserves the right to pick fewer than twelve (12) Semi-Finalists, if in its sole discretion, it does not receive a sufficient number of eligible and qualified entries.
(B) Round 2: Finalist Judging. Beginning on or about November 13, 2008, the Semi-Finalists will be divided into groups of four (4) or such other number of Semi-Finalists as determined by TODAY in its sole discretion. Each group of Semi-Finalists and their dogs will appear on the Show, in order to demonstrate their dog’s talent/tell their dog’s story as determined by TODAY in its sole discretion. Immediately following each group of Semi-Finalists’ appearance on the Show, such Semi-Finalists’ Videos, Essays, clips from their appearance on the Show and any other relevant information as determined by TODAY in its sole discretion, will be posted on the Website for public viewing and voting. The Semi-Finalist who receives the most votes in each group of Semi-Finalists during the designated voting periods, as determined by TODAY in its sole discretion, will advance to Round 3: Grand Prize Judging as a potential finalist (“Finalist”) subject to verification of eligibility. A total of three (3) potential Finalists will be chosen or such other number of Finalists as determined by TODAY in its sole discretion. The Finalists will be awarded the Finalist prize (as described below). In the event of a tie in Round 2: Finalist Judging, the tied Semi-Finalist Entries will be judged by an additional tie-breaking judge using the Judging Criteria to determine which of the tied Semi-Finalists will advance to Round 3: Grand Prize Judging. TODAY reserves the right to advance fewer than three (3) Semi-Finalist Entries to Round 3: Grand Prize Judging for any reason, including if, in its sole discretion, it did not receive a sufficient number of eligible and qualified Entries during the Contest Entry Period, or the voting is compromised in any way. TODAY will make two (2) attempts to notify potential Finalists in person or at the phone number and/or email address submitted at the time of entry. Each potential Finalist must agree to make themselves and their dog available to be in New York from November 29, 2008 to December 3, 2008, or on such other dates designated by TODAY in its sole discretion and agree to appear live on TODAY and to otherwise be available to be videotaped and/or interviewed by TODAY, in their homes, or in the broadcast studio in New York (or in another location selected by TODAY in its sole discretion). If a potential Finalist cannot be reached or if he/she is found to ineligible, if he/she cannot or does not comply with the foregoing requirements and/or these Official Rules, or if his/her prize or prize notification is returned as undeliverable, potential Finalist will be disqualified and TODAY will award the prize to the runner-up Semi-Finalist with the next highest number of votes.
(C) Round 3 Grand Prize Judging. On or about November 26, 2008, following the Round 2: Finalist Judging period, each Finalists’ Videos, Essays, clips from their appearance on the Show, if any, and any other relevant information as determined by TODAY in its sole discretion, will be posted on the Website for public viewing and voting. The Finalist who receives the most votes during the designated voting period, as determined by TODAY in its sole discretion, will be the potential grand prize winner (“Grand Prize Winner”) subject to verification of eligibility. The Grand Prize Winner will be awarded the grand prize (“Grand Prize”). In the event of a tie in Round 3: Finalist Judging, the tied Finalist Entries will be judged by an additional tie-breaking judge, using the Judging Criteria, to determine which of the tied Finalist’s will be the Grand Prize Winner. The potential Grand Prize Winner must agree to make themselves and their dog available and agree to appear live on TODAY, if requested to do so by TODAY and to otherwise be available to be videotaped and/or interviewed by TODAY, in their homes, or in the broadcast studio in New York (or in another location selected by TODAY in its sole discretion), on dates selected by TODAY. If a potential Grand Prize Winner cannot be reached or if he/she is found to ineligible, if he/she cannot or does not comply with the foregoing requirements and these Official Rules, or if his/her prize or prize notification is returned as undeliverable, potential Grand Prize Winner will be disqualified and TODAY will award the prize to the runner-up Finalist with the next highest number of votes.
If Semi-Finalist, Finalist, or Grand Prize Winner is a minor, then parent or legal guardian if guest is a minor will be required to execute and return the Contest Documents as specified above, and another other documents as requested by TODAY on behalf of minor. The decisions of the Judges and TODAY are final and binding. Contestants agree that TODAY may record and broadcast TODAY advising contestant that he or she has been selected as a Semi-Finalist, Finalist and/or Grand Prize Winner in TODAY’s sole discretion. TODAY reserves the right to make public personal information about the contestants on-air, prior to, during, or following the Contest.
ONLINE/TEXT VOTING: On or about November 13th, 20th, and 25th, 2008, from 9:00 am to 5:00pm (the “Semi-Finalist Voting Period,”) and beginning on or about November 26th, 2008 at 9:00am and ending on or about December 2nd, 2008 at 5:00pm, (the “Finalist Voting Period”, and together with the Semi-Finalist Voting Periods, the “Voting Periods”), or on such other dates and at such other times as determined by TODAY in its sole discretion, visitors to the Website may vote for their favorite Semi-Finalist or Finalist (as applicable) according to the voting rules and procedures established by TODAY, which will be posted on the Website. At the start of each Voting Period, each Semi-Finalist’s or Finalist’s information (as applicable) will be posted on the Website in a randomized manner. After viewing the Semi-Finalist’s or Finalist’s information (as applicable), visitors may vote for their favorite Semi-Finalist’s or Finalist’s (as applicable), online by following the provided instructions or via text messaging as instructed by TODAY. The Voting Periods, voting rules and procedures and voting methods are subject to change, at TODAY’s sole discretion, and any changes will be posted on the Website. In the event of a tie, ties will be broken as described above with regards to Semi-Finalist and Finalist selections.
PRIZES: Grand Prize: There will be one (1) Grand Prize awarded consisting of a four (4) day/three (3) night trip to Denver, CO for Grand Prize Winner, Grand Prize Winner’s dog and one (1) guest. The trip will include: Round-trip, commercial coach-class air transportation for Grand Prize Winner and his/her dog and his/her guest from an airport near the Grand Prize Winner’s residence to an airport near or in Denver, CO (as determined by TODAY in its sole discretion); a voucher good for three (3) nights hotel accommodations for Grand Prize Winner, his/her dog and his/her guest (standard room, double occupancy) (or other similar hotel, as determined by TODAY in its sole discretion); ground transportation to and from airport and hotel; a welcome basket for the Grand Prize Winner’s dog from Dog Savvy; welcome basket for the Grand Prize Winner including a variety of items, such as Kimpton’s signature Karen Neuburger socks, Colorado Trail Mix and Rocky Mountain Chocolate; a spa day for Grand Prize Winner’s dog from Dog Savvy, including spa services such as a pampering bath, a blueberry facial, a deep conditioning, a Pawdicure and a blow dry; a spa day for Grand Prize Winner and guest at the Renaissance Aveda Spa & Salon including spa services designated by TODAY in its sole discretion, such as total body massages and renaissance spa manicures; two (2) welcome cupcakes for Grand Prize Winner and guest and a pupcake for Grand Prize Winner’s dog from Chef Elise Wiggins of Panzano restaurant; gourmet dinner for Grand Prize Winner and guest from Chef Elise Wiggins of Panzano restaurant including a gourmet dog friendly dinner for the Grand Prize Winner’s dog. All of the above Grand Prize elements (including items in welcome baskets and spa treatments) are subject to change and shall be determined by TODAY in its sole discretion. The Estimated Retail Value (“ERV”) of the Grand Prize is three thousand dollars ($3,000).
Finalist Prizes: There will be three (3) Finalist prizes awarded consisting of a five (5) day/four (4) night trip to New York, NY for Finalist and Finalist’s dog. The trip will include: Round-trip, commercial coach-class air transportation for Finalist and his/her dog from an airport near the Finalist’s residence to an airport near or in New York, NY (as determined by TODAY in its sole discretion); four (4) nights dog friendly hotel accommodations for Finalist and his/her dog (standard room, double occupancy) (as determined by TODAY in its sole discretion); ground transportation to and from airport and hotel, hotel and the Show, and hotel and the US Weekly magazine photo shoot (as described below) (as determined by TODAY in its sole discretion); a daily meal stipend not to exceed fifty dollars ($50); and a photo shoot with US Weekly magazine featuring all three (3) Finalists and their dogs. The photos from the shoot are scheduled to appear in the December 3rd issue of US Weekly. TODAY and NBC may exploit any such photos, subject to any agreed upon restrictions relating to use of such photos by US Weekly, in any and all media now or hereafter known throughout the world in perpetuity. No retail value is associated with the photo shoot, therefore, in the event that the photo shoot does not take place as scheduled for any reason, TODAY’s sole responsibility will be to award the remaining portion of the Finalist prize and no additional substitution or compensation will be awarded. All of the above Finalist prize elements are subject to change and shall be determined by TODAY in its sole discretion. The ERV of each Finalist prize is two thousand six hundred and fifty dollars ($2,650).
Semi-Finalist Prizes: There will be twelve (12) Semi-Finalist prizes awarded consisting of a three (3) day/two (2) night trip to New York, NY for Semi-Finalist and Semi-Finalist’s dog. The trip will include: Round-trip, commercial coach-class air transportation for Semi-Finalist and his/her dog from an airport near the Semi-Finalist’s residence to an airport near or in New York, NY (as determined by TODAY in its sole discretion); two (2) nights dog friendly hotel accommodations for Semi-Finalist and his/her dog (standard room, double occupancy) (as determined by TODAY in its sole discretion); ground transportation to and from airport and hotel and hotel and the Show (as determined by TODAY in its sole discretion); and a daily meal stipend not to exceed fifty dollars ($50). All of the above Semi-Finalist prize elements are subject to change and shall be determined by TODAY in its sole discretion. The ERV of each Semi-Finalist prize is one thousand eight hundred and twenty five dollars ($1,825).
The total ERV of all prizes is thirty two thousand eight hundred and fifty dollars ($). Actual retail value of prizes will vary depending on the point of departure, point of arrival, fare fluctuation for the flights and hotels. Any differences between stated ERVs and actual ERVs will not be awarded. Semi-Finalists, Finalists and Grand Prize Winner (referred to in this section as “winners”) will receive an IRS Form 1099 from TODAY for the total ERV of applicable prizes for the calendar year in which such prize was won. TODAY will determine all prize details in its sole discretion. TODAY reserves the right to substitute a prize (or prize element) of comparable or greater value for any reason at TODAY’s sole discretion. All taxes and other unspecified expenses, costs, or fees associated with the acceptance and/or use of a prize are the sole responsibility of Semi-winners. Prizes cannot be transferred by winners or redeemed for cash and are valid only for the items detailed above, with no substitution of any prize by a winner. If any prize is unclaimed, it will be forfeited. If a prize element is not available for any reason, as determined by TODAY in its sole discretion, the remaining elements of a prize shall be awarded and shall constitute full satisfaction of TODAY’s prize obligation to winners and no additional compensation will be awarded. Airline and hotel reservations are subject to availability. Certain blackout periods, expiration dates and travel restrictions may apply. Travel and hotel arrangements will be determined by TODAY in its sole discretion and must be made through TODAY. Once determined, no change, extension or substitution of trip dates is permitted, except by TODAY in its sole discretion. Grand Prize Winner’s guest must be the age of majority in their state of residency as of the first date of travel or Grand Prize Winner must be guest’s parent or legal guardian and must complete and return all releases on behalf of minor. Grand Prize Winner and guest must travel together on the same itinerary. Unless otherwise indicated, no other travel elements (including, without limitation, insurance, gasoline, meals, gratuities, souvenirs, etc.) are included in prizes. Tickets are non-refundable and are not valid for business-related or group travel. Tickets are valid only for travel on airlines chosen by TODAY at TODAY’s sole discretion. TODAY has the right in its sole discretion to substitute ground transportation for air transportation depending on winners’ location and/or place of residence. Travel must be completed by dates specified by TODAY or prizes will be forfeited. Tickets will be issued only to winners and Grand Prize Winner’s guest. Tickets are void if sold for cash or other consideration. Winners are responsible for any tax liability, including applicable departure taxes or fees, inspection charges, security charges or other ticket or baggage fees. 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. TODAY is not liable for any expenses incurred as a consequence of flight cancellation/delay. Winners and Grand Prize Winner’s guest must have valid travel documents (e.g., valid government-issued photo identification and/or passport) prior to departure. TODAY shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of prizes due to reasons beyond TODAY’s control, and is not responsible or liable for any expenses incurred as a consequence thereof. All travel (including travel involving winners’ dogs) will be at the risk of winners and Grand Prize Winner’s guest. NOTE: Semi-Finalists, Finalists and Grand Prize Winner shall be responsible for all planning and preparation that may be required, and shall assume all liability and responsibility, for all illness, injury, death, loss, litigation or damage to their dogs or other third parties or animals that may occur, relating to their dogs’ participation in the Contest and the acceptance or use of prizes intended for the dogs. The foregoing planning and preparation shall include, but is not limited to, providing any special carrying cases and required medications for the transportation and/or accommodation of their dogs and making any other special arrangements as required. All elements of prizes must be redeemed at the same time. If Grand Prize Winner chooses to take the trip with no guest, the remaining elements of Grand Prize shall be awarded and shall constitute full satisfaction of TODAY’s prize obligation to Grand Prize Winner and no additional compensation will be awarded. Grand Prize Winner’s guest must be the age of majority in their state(s) of residency as of the first date of travel or Grand Prize Winner must be guest’s parent or legal guardian and must execute and return a release of liability and, except where prohibited, publicity release, which must be returned to TODAY by a date specified, or guest portion of Grand Prize will be forfeited.
CONDITIONS: By entering the Contest, each contestant agrees for contestant and for contestant’s heirs, executors and administrators (a) to release and hold harmless TODAY, NBC and their parents, subsidiaries, affiliates, respective officers, directors, and employees (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation or damage that may occur (including to contestant’s dog), directly or indirectly, whether caused by negligence or not, from such contestant’s (or his/her dog’s) participation in the Contest (including any travel related thereto) and/or his/her acceptance, possession, use, or misuse of a prize, or any portion, thereof including any prize intended for the use of his/her dog; (b) to indemnify Released Parties from any and all liability resulting or arising from the Contest (including any liability relating to contestant’s dog) 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 any prize, including express warranties provided exclusively by the prize supplier that are sent along with a prize; (c) if selected as a Semi-Finalist, Finalist or Grand Prize Winner, to the posting of such contestant’s name on the Website and the use by Released Parties of such name, voice, image, and/or likeness in any and all media now or hereafter known 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 actions of TODAY and Judges, whose decisions are final and binding. Failure to comply with these conditions may result in disqualification from the Contest.
ADDITIONAL TERMS: NBC and TODAY reserve the right to terminate the Contest or 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 NBC and TODAY, who may seek damages to the fullest extent permitted by law. NBC and TODAY reserve the right to cancel, suspend or modify 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, NBC and TODAY reserve the right to select a Semi-Finalist, Finalist, and/or Grand Prize Winner, as applicable, and award all remaining prizes in their sole discretion 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 described above. Notice of such cancellation, modification or suspension will be posted on the Website. TODAY may prohibit any contestant or potential contestant from participating in the Contest, if such contestant or potential contestant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other contestant, NBC, TODAY, or agents or representatives of NBC and/or TODAY; or behaves in any other disruptive manner (as determined by NBC and/or TODAY in its sole discretion).
The failure of NBC and/or TODAY 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 (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 contestants’ 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 publicity, promotional, advertising 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, returned, corrupted or postage due.
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 JAMS IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMES 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 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 the winner, available after December 3, 2008 visit www.todayshow.com.