UPDATE NOTICE: The number of Clues, Winners, and Prizes for the TODAY’s Treasure Hunt Contest has been updated. Four (4) Clues will be announced, with one (1) additional Clue announced at or around 7:30 AM on June 6, 2014. One (1) additional Winner will be named and one (1) additional Prize will be awarded.
TODAY’s Treasure Hunt Contest
June 3, 2014-June 8, 2014
PRELIMINARY INFORMATION: No purchase necessary. A purchase will not improve your chances of winning. Void where prohibited. The TODAY’s Treasure Hunt contest (“Contest”) will begin June 3, 2014 at 7:30 AM ET and ends on June 8, 2014 at 12:00 PM ET, or whenever the last Prize Envelope, as defined below, is found, whichever comes first (“Contest Period”). All times in the Contest refer to Eastern Time (“ET”), except where otherwise noted. Contest is subject to all applicable federal, state and local laws. Participants should not expose themselves or others to any dangerous or harmful behavior OR activity at any time during this Contest. Participants agree to abide by all traffic, safety, and other applicable laws.
ELIGIBILITY: Open only to permanent, legal U.S. residents who are physically residing in the fifty (50) United States or the District of Columbia 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 The TODAY Show, 30 Rockefeller Plaza, New York, NY 10112, and NBCUniversal Media, LLC, 30 Rockefeller Plaza, New York, NY 10112 (collectively, Sponsors) and each of their 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.
ENTRY AND WINNER SELECTION: At or around 7:30 AM ET on June 3, 2014, June 4, 2014, June 5, 2014, and June 6, 2014 during the Contest Period, watch The TODAY Show for the daily clue (“Clue”) describing a location (“Location”) somewhere in the forty-eight (48) United States. A total of four (4) Clues will be revealed during the Contest, with one (1) Clue on each of the dates above. Sponsors may amend the number of Clues anytime for any reason. Sponsors may amend any element of this Contest or suspend the Contest itself at any time for any reason.
At each Location, representatives of Sponsors will place a TODAY envelope (“Prize Envelope”) containing a description of either prize 1 (“Prize 1”), awarded on June 3, 2014, June 4, 2014, and June 5, 2014 or prize 2 (“Prize 2”), awarded on June 6, 2014. Prize 1 and Prize 2 will collectively be referred to as “Prize” or “Prizes.” Prize Envelope will also include instructions to locate a representative of Sponsors at the Location. A total of four (4) Prizes will be awarded, with one (1) Prize at each Location. Each Prize will be awarded as follows:
- Representatives of Sponsors will announce the Clue on-air on the TODAY Show and will also post the Clue on today.com (“Website). The Clue will provide visual clues to the Location of the Prize.
- The first contestant to arrive at the Location, and find the Prize Envelope, as determined by Sponsors in their sole discretion, will be deemed the winner of the Prize (“Winner” or “Winners”). A total of four (4) Winners will be awarded Prizes.
- When each Prize Envelope is located and each Prize claimed, Winners must follow Prize Envelope instructions to locate representative of Sponsors at Location for further information and instructions.
- Winners might appear live, on air, at the Location immediately upon finding and claiming the Prize Envelope.
- If no one claims the Prize within a reasonable time, as determined by Sponsors in their sole discretion, Sponsors may elect not to award the Prize, to announce additional Clues, or to change the Location of the Prize.
- In the event that more than one (1) person reaches the Location and finds the Envelope at the same time, then up to (2) people can claim the prize. In the event that more than two (2) people reach the Location and find the Envelope at the same time, a random drawing between the eligible contestants will be conducted on-site by the authorized Sponsors’ representative to determine the Winner.
Decisions of Sponsors and/or their representatives are final and binding with respect to all matters related to the Contest. Winning is subject to verification of eligibility. PotentialWinner may be required to execute and return an affidavit of eligibility, release of liability, and, except where prohibited, publicity release before receiving the Prize. Noncompliance with these Official Rules may result in disqualification and, at Sponsors’ discretion, and time permitting, an alternate potential Winner may be selected from the next eligible entry based on the next arrival at the Location.
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. By entering the Location, contestants agree to be filmed, photographed, identified and/or included in promotional materials.
PARTICIPATION CONDUCT: A participant may be removed from the Location and/or disqualified from participating in the Contest, at the sole discretion of Sponsors, for any reason at any time, including but not limited to the advice of Sponsors’ representatives at Location (“Event Staff”), by creating an unauthorized disturbance, interruption, or unnecessarily rough physical or mental threat to the well-being of any other participant or Event Staff, he/she may be removed from the Location. Any act performed by participant defined by Federal, State of Local statute or ordinance as constituting a criminal act may result in removal from the Location and/or disqualification from Contest. At the sole discretion of Sponsors, if a participant uses profanity, or demonstrates any lewd or sexually suggestive gestures or full or partial nudity, the Sponsors shall have the right to remove the individual from the Location and/or disqualify participant from Contest. At the sole discretion of the Sponsors and Event Staff, if a participant creates a potential for death, disability, injury, property damage or any other negative incident during Contest or during his/her participation in Contest, the Sponsors shall have the right to disqualify participant from Contest and to remove that individual from the Location. And disqualification and/or removal from the Location will result in forfeiture of any Prize that may have been awarded.
By participating, each participant (i) understands the Sponsors have not arranged for and do not carry any insurance of any kind for participant’s benefit and that participant will be solely responsible for obtaining and paying for any medical, life, accident, automobile, property or other insurance relative to his/her participation in Contest; (ii) agrees that he/she will obey all traffic, safety and other applicable laws and will not speed or otherwise expose himself/herself or any other individual, whether participating in the Contest or not, to harm or danger of any kind; (iii) agrees to release and hold harmless the Released Entities (defined below) from any injuries, losses or damages of any kind, including, without limitation, death, to persons, or property resulting in whole or in part, directly or indirectly, from participating on Contest; and (iv) agrees to indemnify the Released Entities (defined below) from any losses, liabilities or expenses, including, without limitation, reasonable attorneys’ fees, resulting from any claims, proceedings or investigations arising from or in connection with participant’s participation in Contest or compliance or non-compliance with these Official Rules.
PRIZES: Four (4) Prizes will be awarded, with one (1) Prize to each Winner.
Prize 1: Prize 1 will be awarded to the Winners finding the Prize Envelope on June 3, 2014, June 4, 2014, and June 5, 2014. A total of three (3) Prize 1s will be awarded, with one (1) Prize 1 to each Winner on the selected dates. Prize 1 will consist of the following: a trip to New York City (“Trip”) for Winner and one (1) guest (“Guest”), and two (2) VIP tickets for Winner and Guest to any TODAY Toyota Concert Series concert scheduled to take place at Rockefeller Plaza during June 2014 through September 2014 (“Event”). Trip will include the following elements, each as determined by Sponsors in their sole discretion: roundtrip standard coach class airfare for Winner and Guest from a major airport near Winner’s residence to a major airport in the New York/New Jersey Metropolitan area (“Destination Airport”); accommodations for one (1) night for Winner and Guest (standard room/double occupancy) at a hotel in the New York/New Jersey metropolitan area (“Hotel”); roundtrip ground transportation between Destination Airport and Hotel; and a meal stipend of fifty dollars ($50) each for Winner and Guest. Prize 1 will be awarded “as is” with no warranty or guarantee, either express or implied by Sponsors. Prize 1 is subject to certain terms and conditions, as determined by issuer. Trip must be booked at least fourteen (14) days in advance. Winner must be able to travel on a date to correspond with Event, as determined by Sponsors in their sole discretion.
Prize 2: Prize 2 will be awarded to the Winner who locates the Prize Envelope on June 6, 2014. One (1) Prize 2 will be awarded. Prize 2 will consist of the following: a trip to a Sara Bareilles concert during Summer 2014 for Winner and one (1) Guest, as determined by Sponsors in their sole discretion (“Trip 2”); and two (2) tickets for Winner and Guest to the Sara Bareilles concert (“Event 2”), as determined by Sponsors in their sole discretion. Trip 2 includes the following elements, each as determined by Sponsors in their sole discretion: roundtrip standard coach class airfare for Winner and Guest from a major airport near Winner’s residence to a major airport near Event 2; accommodations for one (1) night for Winner and Guest (standard room/double occupancy) at a hotel near Event 2; roundtrip ground transportation between airport and hotel near Event 2; and a meal stipend of fifty dollars ($50) each for Winner and Guest. Prize 2 will be awarded “as is” with no warranty or guarantee, either express or implied by Sponsors. Prize 2 is subject to certain terms and conditions, as determined by issuer. Trip must be booked at least fourteen (14) days in advance. Winner must be able to travel on a date to correspond with Event, as determined by Sponsors in their sole discretion.
Trip 1 and Trip 2 will collectively be referred to as “Trip” or “Trips.”
Estimated retail value (“ERV”) of each Prize is two thousand and five hundred ($2,500) dollars. ERV of all Prizes is seven thousand and five hundred dollars ($7,500). Actual Retail Value (“ARV”) of Prizes may vary. Any difference between ERV and ARV will not be awarded. Winners will receive an Internal Revenue Service Form 1099 from Sponsors for the total ARV of Prize for the calendar year in which Prize was awarded.
All details of Prize will be determined by Sponsors 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 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. 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.
Winner must be able to travel on a date to correspond with Event or Event 2, as determined by Sponsors in their sole discretion, 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. Hotel arrangements will be determined by Sponsors in their sole discretion. Sponsors shall have no responsibility or liability for cancellations and/or delays or any change by the air carrier(s), lodging facilities, or other company or any other persons providing any of the Prize elements for the Winner and Guest due to reasons beyond Sponsors’ control.
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 or fees associated with the acceptance and/or use of Prize, travel insurance, ground transportation (other than as described above), security and airport fees, 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.
If Winner chooses to travel or attend Event or Event 2 with no Guest, the remaining elements of Prize shall constitute full satisfaction of Sponsors’ Prize obligation to 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 Sweepstakes Documents, or Guest portion of the Prize will be forfeited. If any Guest is a minor, Winner must be such minor’s parent or legal guardian and must execute and return the Guest Documents on such minor’s behalf. Date and/or time of Event and/or Event 2 are subject to change. Event and/or Event 2 are subject to cancellation. Winners and Guests agree to abide by all venue rules and regulations in connection with Event and Event 2. Location of seats at Event and Event 2 will be determined by Sponsors in their sole discretion.
RECORDING: Sponsors may, in their sole discretion, elect to tape the arrival of the entrants at the Location and incorporate the audio and video recording of the entrants arriving and announcement of the Winners (each a “Recording”) in any media. The use of Recordings will not be considered an employment opportunity, and the entrants will not be entitled to compensation or credit thereof. The nature of the Recordings, if any, will be determined by Sponsors in their sole discretion. If the Recording is used, such use will be at a time, for a length of time, and on a date determined by Sponsors in their sole discretion. The content of the Recordings 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. Entrants will have no right of review, notice, or approval of the content of the Recording or any exhibition or exploitation thereof. 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 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 a 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 and photo 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). 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 Official Rules for clarification purposes without materially affecting the terms and conditions of the Contest.
LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES: IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT THE CONTEST. IN NO EVENT SHALL THE RELEASED PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED $10. WITHOUT LIMITING THE FOREGOING, THIS CONTEST AND ALL PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES. ACCORDINGLY, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO ALL CONTESTANTS. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
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 June 6, 2014, visit today.com or send a self-addressed, stamped envelope to be received by August 6, 2014 to: TODAY’s Treasure Hunt Contest, The TODAY Show, 30 Rockefeller Plaza, New York, NY 10112, Attn: Cecilia Fang.