See Al Roker Live at the New York City Wine & Food Festival Contest
Official Rules
October 5, 2017 – October 9, 2017
PRELIMINARY INFORMATION: NO PURCHASE NECESSARY. A purchase will not improve your chances of winning. Void where prohibited. The See Al Roker Live at the New York City Wine & Food Festival Contest (“Contest”) will begin on October 5, 2017 at 12:00 P.M. ET and end on October 9, 2017 at 11:59 P.M. ET (“Contest Period”). All times in the Contest refer to Eastern Time (“ET”). Odds of winning depend upon the number of eligible Entries (as defined below) received. Contest is subject to all applicable federal, state and local laws. PRIZE DOES NOT INCLUDE TRANSPORTATION, ACCOMMODATIONS, OR PARKING.
ELIGIBILITY: Open only to permanent, legal United States 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 twenty-one (21) 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 (“TODAY”) and NBCUniversal Media, LLC, both located at 30 Rockefeller Plaza, New York, NY 10112 (collectively, “Sponsors”), 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. Guest (defined below) must be at least twenty-one (21) years of age as of the date of Event (defined below).
HOW TO ENTER: As part of your Entry (as defined below), you will be required to submit a photo (“Photo”) on the following theme: “a recipe/dish you’d like to see Al make or put his own twist on” (the “Entry”). Photo must have been taken by you, and you must have permission of any person who appears or is identified in Photo. If any minors appear in Photo, the entrant must be that minor’s parent and/or legal guardian. Professional Photos and Photos with watermarks are not eligible.
To enter the Contest, during the Contest Period, use your personal Instagram account to upload your Photo to Instagram with the hashtags “#ALatNYCWFF” and “#Contest” (the “Instagram Entry”).Entry must include both “#ALatNYCWFF” and “#Contest” or Entry will not be valid. If your Instagram account is set to the “Posts are Private” setting and Sponsors cannot access your Photo, your Entry may be disqualified and rejected as ineligible for consideration in the Contest. An Instagram account is required to enter the Contest. If you do not already have an Instagram account, you can go to www.instagram.com to create a free Instagram account. If you choose to submit your 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. You must submit the Photo (collectively be referred to herein as “Submission” or “Submissions”) as part of your Entry to enter and be eligible for the Contest.
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 @TodayFood Instagram 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.
Sponsors may choose to broadcast on-air and/or display on the Website, a selection of Submissions as determined by Sponsors in their sole discretion. By entering the Contest, each entrant agrees to the posting of such entrant’s name and Photo on-air and/or on TODAY’s social media pages, including but not limited to Twitter, Instagram, and Facebook.
You may enter once during the Contest Period. Multiple Entries received from any person beyond this limit will void all such additional Entries. Entries must be received before October 9, 2017 at 11:59 P.M. ET to be eligible for the Contest. Sponsors’ computer shall be the official timekeeper for all matters related to this Contest. Any person found to have used multiple 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 Instagram account used to enter will be deemed the entrant. “Authorized account holder” of an Instagram account is defined as the person who is assigned to an Instagram account by the Instagram website. Entry constitutes permission (except where prohibited by law) to use entrant’s name, 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.
JUDGING: On or about October 10, 2017, panel of qualified judges selected by Sponsors (“Judges”) will review the eligible Entries received during the Contest Period and select ten (10) potential winners (“Winners”, each a “Winner”) based on the following judging criteria (“Judging Criteria”): Originality (50%) and Creativity (50%). In the event of a tie, the Judges will break the tie by selecting the tied entrant who received the highest points from the Judges for Originality as the potential Winner. In the event a tie remains, the tied Entries will be judged by an additional tie-breaking judge, using the Judging Criteria, to determine which of the tied entrants will be the potential Winner. Decisions of Sponsors and Judges are final and binding with respect to all matters related to the Contest. Winning is subject to verification of eligibility. Sponsors reserve the right to pick fewer than ten (10) Winners, or to extend the Contest Period if in their sole discretion, Sponsors do not receive a sufficient number of eligible and qualified Entries. Potential Winner will be notified by direct message on Instagram. 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 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 (as defined below) or prize notification may result in disqualification and, at Sponsors' discretion, time permitting, an alternate potential Winner may be selected from among all eligible remaining Entries based on the Judging Criteria.
PRIZE: There will be ten (10) prizes awarded (“Prizes”, each a “Prize”), one (1) Prize to each Winner. Each Prize consists of two (2) tickets for Winner and one (1) guest (“Guest”) to the New York City Wine & Food Festival scheduled for 12:00 P.M. ET on October 14, 2017 at Pier 94 - 55th Street and West Side Highway, New York, NY (“Event”). Guest must be twenty-one (21) years of age or older as of the date of Event. PRIZE DOES NOT INCLUDE TRANSPORTATION, ACCOMMODATIONS, OR PARKING.
Estimated Retail Value (“ERV”) of Prize is three hundred seventy dollars ($370). ERV of all Prizes is three thousand seven hundred dollars ($3,700). Actual Retail Value (“ARV”) of Prize may vary. Any difference between ERV and ARV will not be awarded.
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(s). Prize cannot be transferred by Winner(s) 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(s) may be selected from the remaining eligible entries at Sponsors’ sole discretion.
Sponsors shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of Prize, and are not responsible or liable for any expenses incurred as a consequence thereof. Date and/or time of Event is subject to change. Event is subject to cancellation. If Winner chooses to attend the Event with no Guest, the remaining elements of Prize shall constitute full satisfaction of Sponsors’ Prize obligation to Winner(s) and no additional compensation will be awarded. Guest[s], 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.
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, 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 https://www.facebook.com/todayfood/ (“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. Entrants and Winner must also be of good moral character. Sponsors reserve the right to exclude anyone convicted of a crime (other than moving violations of a misdemeanor type that did not involve personal injury, drugs, or alcohol). At Sponsor’s request, potential Winner must be willing to sign an affidavit attesting that such entrant meets all of the foregoing eligibility requirements and possibly undergo a background check conducted by Sponsor.
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 names of the Winners, available after October 15,2017, send a self-addressed, stamped envelope to be received by December 15, 2017 to: TODAY Al Rocker NYFWW Contest, 30 Rockefeller Plaza, New York, NY 10112.
This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram. Entrants are providing information to Sponsors and not to Instagram.