TODAY’s Wildest Concert Outfit Contest
February 16, 2016 — February 29, 2016
PRELIMINARY INFORMATION: NO PURCHASE NECESSARY. A purchase will not improve your chances of winning. Void where prohibited. TODAY’s Wildest Concert Outfit Contest (“Contest”) will begin on February 16, 2016 at 9:00 A.M. ET and end on February 29, 2016 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 (as defined below) received. Contest is subject to all applicable federal, state and local laws.
ELIGIBILITY: Open only to parents who are 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 United States 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 each of their respective 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 and NBCUniversal Media, LLC, 30 Rockefeller Plaza, New York, NY 10112 (collectively, “Sponsors”), J.C. Penney Company, Inc., and each of their respective parent, subsidiary, and affiliate companies, and each of their respective administrative, advertising, and promotion agencies, and any other entity involved in the development, administration, promotion, or implementation of the Contest.
TO ENTER: As part of your Entry (as defined below), you will be required to submit a photo (“Photo”) and an essay (“Statement”) of one hundred (100) characters or less on the following theme: “the wildest looks from one of your first concerts” (“Theme”). You must have permission of any person who appears or is identified in Photo. You must have permission from whoever took the Photo to enter it into the Contest. If any minors appear in Photo, the entrant must be that minor’s parent and/or legal guardian. Professional Photos with watermarks are not eligible.
During the Contest Period, visit the TODAY’s Take Facebook page located at https://www.facebook.com/todaystake (the “Page”) submit on the Page’s post that will be posted on February 16, 2016 at or about 9:00 A.M. ET (the “Post”) your Photo and your Statement (“Entry”). The Facebook Entry must be submitted via a “Comment” on the Page or the Post. If you choose to submit a Entry via your web-enabled mobile device, data rates may apply. See your wireless service provider for details on rates and capabilities.
All Entries become the property of Sponsors and will not be acknowledged or returned. Your Statement must be original (that is, written by you) and must be submitted in the English language. Photo and Statement may collectively be referred to herein as “Submission” or “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 Submission and to incorporate the Submission in other works in any and all markets and media worldwide in perpetuity. 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 Submission 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 and/or deleted from the Facebook Page. Entries must comply with all applicable laws, rules, and regulations. Sponsors shall have no obligation to copy, publish, display, or otherwise exploit the Submissions.
You may enter once per day during the Contest Period. Multiple Entries received from any person beyond this limit will void all such additional Entries. Entries must be received before February 29, 2016 at 5:00 P.M. ET to be eligible for the Contest. Sponsors’ computer shall be the official timekeeper for all matters related to this Contest. Any person found to have used multiple Facebook accounts to enter will be deemed ineligible and disqualified. Entries generated by a script, macro, or other automated means or by any means that subverts the entry process 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 Facebook account used to enter will be deemed the entrant. “Authorized account holder” of a Facebook account is defined as the person who is assigned to a Facebook account by the Facebook website. Entry constitutes permission (except where prohibited by law) to use entrant’s name, Facebook, Twitter, and/or Instagram user name (if applicable), 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 OF FIRST ROUND FINALISTS AND WINNER: There will be two (2) rounds of judging; round 1: initial judging to determine the First Round Finalist (defined below) and round 2: final judging to determine the Winner (defined below).
ROUND 1: First Round Finalists: A panel of qualified judges selected by Sponsors (“Judges”) will review the eligible Entries received during the Contest Period and select five (5) first round finalists (“First Round Finalists”, each a “First Round Finalist”) on or about March 5, 2016 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 First Round Finalist. 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 First Round Finalist. Sponsors reserve the right to pick fewer than five (5) First Round Finalists, or to extend the Contest Period if in their sole discretion Sponsors do not receive a sufficient number of eligible and qualified Entries.
Round 2: Final Judging to Determine the Winner: On or about March 8, 2016, Sponsors will contact each First Round Finalist and conduct a Skype interview and select one (1) winner (“Winner”) based on the Judging Criteria. Decisions of Sponsors and Judges are final and binding with respect to all matters related to the Contest. Sponsors may share potential Winner’s name and contact information with Contest Entities and/or any prize provider, as applicable, if necessary. Winning is subject to verification of eligibility. Potential Winner will be notified by Facebook Messenger or by comment on the Facebook Post with the winner’s name tagged. PotentialWinner may be required to execute and return an affidavit of eligibility, release of liability, and, except where prohibited, publicity release (collectively, “Contest Documents”) within one (1) day of such notification. Noncompliance within this time period, with these Official Rules or the return of or inability to deliver any Prize (as 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.
PRIZE: There will be one (1) prize awarded (“Prize”) to Winner. Prize consists of a trip for Winner and one (1) guest ("Guest") to the New York/New Jersey metropolitan area ("Trip"), and an opportunity for Winner to participate in an on-air appearance (“Appearance”) as part of TODAY’s Soundtrack of Style, scheduled to air the week of March 14, 2016 or on such other date designated by Sponsors in their sole discretion. Trip will consist of the following elements, each as determined by Sponsors in their sole discretion: accommodations (standard room, single occupancy) for Winner for three (3) nights at a hotel in the New York/New Jersey metropolitan area (“Hotel”) on or about March 14, 2016; round-trip, coach-class airfare for Winner from a major airport near 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”); and a style makeover. Winners must be available to travel to New York City on March 13, 2016 or on such other date as specified by Sponsors in their sole discretion, or Prize may be forfeited.
Estimated Retail Value (“ERV”) of Prize is three thousand six hundred fifteen dollars and thirty three cents ($3,615.33). Actual Retail Value (“ARV”) of Prize may vary. Any difference between ERV and ARV will not be awarded. If prize includes a Trip, ARV may vary based on, among other things, availability, existing rates at time of booking, dates of travel, and point of departure. For any Prize with an ARV of six hundred dollars ($600) or more, Sponsors will furnish an Internal Revenue Service Form 1099 to Winner for the ARV of Prize for the year in which Prize was won.
All details of Prize will be determined by Sponsors in their sole discretion. Sponsors reserve the right to substitute Prize (or portion thereof) with 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 Prize are the sole responsibility of Winner. Prize cannot be transferred by Winner or redeemed for cash and is valid only for the items detailed above, with no substitution of Prize by Winner. If 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.
Winner must be able to travel March 13, 2016 through March 16, 2016 (or on such other dates designated by Sponsors). The Trip awarded to the Winner must be taken within dates provided by the Sponsors or the Prize will be forfeited. Travel arrangements must be made through Sponsors’ agent, on a carrier of Sponsors’ choice. Certain travel restrictions and black out dates may apply. Sponsors have the right in their sole discretion to substitute ground transportation for air transportation depending on Winner’s place of residence. Winner and Guest must travel together on the same itinerary, including the same departure date, destination and return date, and must have valid travel documents (e.g., valid government issued photo ID and/or passport) prior to departure, and failure to do so will result in forfeiture of Prize. Sponsors will not replace any lost or stolen tickets, travel vouchers or certificates. Once travel commences, no unscheduled stopovers are permitted; if an unscheduled stopover occurs, full fare will be charged from stopover point for the remaining segments, including return, of the trip. Sponsors are not liable for any expenses incurred as a consequence of flight cancellation/delay. Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. All travel and lodging will be at the risk of Winner and Guest. Winner is solely responsible for all expenses and costs associated with acceptance and/or use of Prize not specifically stated herein as being awarded, including, without limitation any and all taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prize, travel insurance, ground transportation (other than as described above), security and airport fees, taxes, insurance, gasoline, meals, gratuities, and souvenirs. 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. Prize cannot be transferred or substituted by Winner or redeemed for cash and is valid only for the items detailed above, with no substitution of Prize by Winner. Sponsors reserve the right to substitute a similar prize (or prize element) of comparable or greater value. If 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.
RECORDING: Sponsors, in their sole discretion, may choose to record and/or broadcast the Appearance on The TODAY Show (“TODAY”). If Sponsor, in its sole discretion, elects to incorporate any such audio and/or video recordings (the “Recordings”) into TODAY or other television shows, the taping and/or the Recordings will not be considered an employment opportunity, and Winner will not be entitled to compensation or credit thereof. Sponsor will determine the nature of the Recordings in their sole discretion. If the Recordings are broadcast, such broadcast will be at a time, for a length of time, and on a date determined by Sponsor in its sole discretion. Winner may be required to return completed and signed appearance releases, confidentiality agreements and such other documents as may be required by Sponsor prior to their Appearance on TODAY and/or Winner and participation in the segment or rehearsal, if any. Failure of Winner to complete and execute these documents in a timely manner, as determined by Sponsor in their sole discretion, may cause Appearance 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 Sponsor in their sole discretion. Winner will not have a right of review, notice, or approval of the content of the Recordings or any exhibition or exploitation thereof. Sponsor has the right, in their sole discretion, to disqualify Winner, and cause Events to be forfeited, and remove Winner from TODAY at any time, if any behavior of Winner or Guest is deemed by Sponsor to be disruptive or if it may or does cause damage to person, property, or reputation of Sponsor or if it otherwise violates the policies of Sponsor, or if Winner does not follow the directions of Sponsor 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, Facebook, Twitter, Instagram, and each of 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 http://TODAY.com and TODAY’s social media channels 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 Winner(s) in a random drawing from among all eligible, non-suspect entries received prior to the time of the event warranting such cancellation, modification, or suspension. Notice of such cancellation, modification, or suspension will be posted on the 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 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 name of the Winner, available after March 8, 2016, visit TODAY.com, or send a self-addressed, stamped envelope to be received by May 14, 2016 to: TODAY Wildest Concert Outfit Contest, 30 Rockefeller Plaza, New York NY. 10112. Attn: Sandy Lee.
This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook, Entrants are providing information to Sponsors and not to Facebook.