Too Good To Be Healthy
July 29th , 2014 – August 8th, 2014
PRELIMINARY INFORMATION: NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. Void where prohibited. The Too Good To Be Healthy (“Contest”) will begin on July 29th, 2014 at 9:00 A.M. ET and end on August 8th, 2014 at 3:00 P.M. ET (“Contest Period”). All times in the Contest refer to Eastern Time (“ET”). Odds of winning depend upon the number of eligible Entries (defined below) received. Contest is subject to all applicable federal, state, and local laws.
ELIGIBILITY: Open only to permanent, legal United States (“U.S.”) residents who are physically residing in one (1) of the forty-eight (48) continental U.S. or the District of Columbia (excluding Alaska, Hawaii, Puerto Rico, Guam, the U.S. Virgin Islands and other U.S. territories), and who are eighteen (18) years of age or older and the age of majority in their state of residence as of the start of the Contest Period. Officers, directors, and employees of Contest Entities (as defined below), members of these persons’ immediate families (spouses and/or parents, children, and siblings, and their spouses, regardless of where they reside), and/or persons living in the same households as these persons (whether or not related thereto) are not eligible to enter or win the Contest. Contest Entities, as referenced herein, shall include The Today Show (“TODAY”) and NBCUniversal Media, LLC, both located at 30 Rockefeller Plaza, New York, NY 10112 (collectively, “Sponsors”), and their respective parent, subsidiary, and affiliate companies, and administrative, advertising, and promotion agencies, and any other entity involved in the development, administration, promotion, or implementation of the Contest. Entrants must 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 Sponsors’ request, potential Winners (as defined below) must be willing to sign an affidavit attesting that they meet all of the foregoing eligibility requirements and possibly undergo a background check conducted by TODAY. Contest is restricted to non-professionals. Entrants may not participate in the Contest if entrants are under contract with a third party that might interfere with their ability to enter into agreements with Sponsors or their designees, as determined by Sponsors in their sole discretion.
HOW TO ENTER: To enter the Contest, during the Contest Period access Today.com (the “Website”) and click on the “Too Good To Be Healthy” Contest icon or text link. Then, follow the provided instructions to complete and thereafter submit the entry form, which includes your name, address, telephone number, email address, and date of birth (the “Entry”). As part of the Entry, you will also be required to submit one (1) recipe of five hundred (500) words or less on the following theme: “Healthy Frozen Treats” (the “Recipe”). You must submit the Recipe online according to the provided instructions. Your Recipe must be original (that is written by you), true, and verifiable. By entering the Contest, you agree that you created the Recipe. The Recipe must be submitted in the English language. You must submit the Recipe as part of your Entry to enter and be eligible for the Contest. The Recipe must not infringe on any third-party rights, including but not limited to copyright, trademark, privacy, or publicity.
All Entries become the property of Sponsors, and will not be acknowledged or returned. You must have the permission of any person that you identify or otherwise refer to in your Recipe or any part of your Entry. 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 Recipe and to incorporate the Recipe in other works in any and all markets and media worldwide in perpetuity without additional notification, permission, approval, or compensation. 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 Recipe 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 Recipe contains material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive or if any Recipe does not comply with these Official Rules or meet Sponsors’ standards for any reason, as determined by Sponsors in their sole discretion, such Recipe (and the related Entry) may be rejected as ineligible for consideration. Entries must comply with all applicable laws, rules, and regulations. Entries may be broadcast on TODAY, on the Website, and in promotions and advertisements for TODAY. However, Sponsors shall have no obligation to copy, publish, display, or otherwise exploit the Recipe.
Entries must be received before - August 8th at 3:00 P.M. ET to be eligible for the Contest. Sponsors’ computer shall be the official timekeeper for all matters related to this Contest. You may enter once during the Contest Period. Multiple Entries received from any person or email address beyond this limit will void all such additional Entries. Entries generated by a script, macro, or other automated means will be disqualified. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. In case of a dispute over the identity of an entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. “Authorized account holder” is defined as the person who is assigned to an email address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. Entry constitutes permission (except where prohibited by law) to use entrant’s name, city, state, likeness, image, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval.
JUDGING OF FIRST PRIZE WINNERS: One (1) or more qualified judges selected by Sponsors (“Judges”) will review the eligible Entries received during the Contest Period and select three (3) potential first prize winners (“First Prize Winners”) on or about August 13th, 2014 based on the following judging criteria (“Judging Criteria”): Originality (50%) and Creativity (50%). The three (3) Entries with the highest scores will be selected as the three (3) potential First Prize Winners. 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 Prize 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 a potential First Prize 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 and compliance with the terms of these Official Rules. Sponsors reserve the right to pick fewer than three (3) or no potential First Prize Winners at all, to cancel the Contest, or to extend the Contest Period, if in their sole discretion, Sponsors do not receive a sufficient number of eligible and qualified Entries. Representatives of Sponsors will attempt to contact each potential First Prize Winner at least two (2) times, using the phone number and/or email address submitted at the time of his/her entry. Potential First Prize Winners 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 First Prize (defined below) or First Prize notification may result in disqualification and, at Sponsors' discretion, and time permitting, an alternate potential First Prize Winner may be selected from among all eligible remaining Entries based on the Judging Criteria.
FIRST PRIZES: There will be three (3) first prizes (“First Prizes”, each a “First Prize”) awarded, with one (1) First Prize to each First Prize Winner. Each First Prize consists of the following: a trip to the New York/New Jersey metropolitan area (“Trip”) for First Prize Winner; and an opportunity for First Prize Winner to participate in an on-air appearance (“Appearance”) as part of TODAY’s Too Good To Be Healthy (“Segment”), scheduled to air on - February 6, 2014 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 First Prize Winner for one (1) night/two (2) days at a hotel in the New York/New Jersey metropolitan area (“Hotel”) on or about August 19th, 2014 through August 20th, 2014; round-trip, coach-class airfare for First Prize Winner from a major airport near First Prize 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 daily meal stipend for two (2) days for First Prize Winner (amount for each day not to exceed fifty dollars ($50)). First Prize Winners must be available to (a) travel to New York City on August 19th, 2014 or on such other date as specified by Sponsors in their sole discretion; and (b) available for a rehearsal for the Segment (“Rehearsal”) at TODAY Set on August 19th, at 4:00 P.M. ET, or First Prize may be forfeited.
Estimated Retail Value (“ERV”) of each First Prize is one thousand, eight hundred and twenty five dollars ($1,825). Total ERV of all First Prizes is five thousand, four hundred seventy five dollars ($5,475). Actual Retail Value (“ARV”) of First Prizes may vary depending on the point of departure, point of arrival, and fare fluctuation for the Trip. First Prize Winners will receive an Internal Revenue Service Form 1099 from Sponsors for the total ARV of First Prize for the calendar year in which First Prize was awarded. Any differences between stated ERV and ARV will not be awarded. Date and/or time of Segment, Appearance, and/or Rehearsal are subject to change. Segment, Appearance, and/or Rehearsal are subject to cancellation. ERV of Segment, Appearance, and/or Rehearsal is zero dollars ($0). If TODAY is not in production or the Segment, Appearance, and/or Rehearsal are cancelled for any reason, no substitution, transfer, or cash equivalent of the applicable portion of Prize will be provided in lieu thereof, no additional compensation will be awarded, and the remaining elements of Prize shall not be awarded. All travel and lodging will be at the risk of each First Prize Winner.
First Prize Winners must be able to travel from August 19th, 2014 through August 20th, 2014 (or on such other dates designated by Sponsors). Trip awarded to each First Prize Winner must be taken within dates provided by the Sponsors or First Prize will be forfeited. Trip arrangements must be made through Sponsors’ agent, on a carrier of Sponsors’ choice. Trip is subject to space availability, select blackout dates, and other travel restrictions. Sponsors have the right in their sole discretion to substitute ground transportation for air transportation depending on First Prize Winner’s place of residence. Each First Prize Winner must have valid travel documents (e.g., valid government-issued photo identification and/or passport) prior to departure, and failure to do so will result in forfeiture of his/her First 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. Tickets will be issued only to First Prize Winners. Tickets are void if sold for cash or other consideration. Once issued, tickets are non-transferable and may not be reissued once travel has commenced. Open tickets may not be issued. First Prizes consist only of the elements set forth above. Sponsors will not replace any lost or stolen tickets, travel vouchers, or certificates. First Prize Winners acknowledge that accepting any portion of First Prize shall constitute full satisfaction of Sponsors’ First Prize obligation to First Prize Winners and no additional compensation will be awarded. Each First Prize Winner is solely responsible for all expenses and costs associated with acceptance and/or use of his/her First 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 his/her First 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.
SELECTION OF GRAND PRIZE WINNER: During Appearance, one (1) First Prize Winner will be selected as the one (1) potential grand prize winner (“Grand Prize Winner”) by one (1) or more qualified judges selected by Sponsors (“Grand Prize Judges”). During Appearance, each First Prize Winner will have the opportunity to execute the Recipe that was submitted as part of his or her Entry. All details of Appearance are subject to availability and the sole discretion of Sponsors. Grand Prize Judges will then score First Prize Winners based on the following judging criteria (“Grand Prize Judging Criteria”): Originality (50%) and Creativity (50%). The First Prize Winner with the highest score based on the Grand Prize Judging Criteria will be selected as the Grand Prize Winner. In the event of a tie, the Grand Prize Judges will break the tie by selecting the tied entrant who received the highest points from the Grand Prize Judges for Originality as the potential Grand Prize Winner. In the event a tie remains, an additional tie-breaking Judge will judge the tied Entries, using the Grand Prize Judging Criteria, to determine which of the tied First Prize Winners will be the potential Grand Prize Winner. Decisions of Grand Prize Judges are final and binding with respect to all matters related to the Contest. Potential Grand Prize Winner will be selected subject to verification of eligibility and compliance with the terms of these Official Rules.
GRAND PRIZE: There will be one (1) grand prize (“Grand Prize”) awarded to Grand Prize Winner. Grand Prize will consist of the following: one (1) gift basket consisting of assorted items relating to food and/or cooking (subject to availability and the sole discretion of Sponsors). Grand Prize will be awarded “as is” with no warranty or guarantee, either express orf implied by Sponsors. ERV of Grand Prize is thirty dollars ($30). ARV of Grand Prize may vary. Any difference between stated ERV and ARV of Grand Prize will not be awarded.
Sponsors will determine all details of First Prizes and Grand Prize (collectively, “Prizes”) in their sole discretion. Sponsors shall have no responsibility or liability for cancellations, delays, or any other change by the air carrier(s), lodging facilities, or any other company or person providing any element of Prizes and are not responsible or liable for any expenses incurred as a consequence thereof. Sponsors reserve the right to substitute a similar Prize (or Prize element) of comparable or greater value for any reason at their sole discretion. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of each Prize are the sole responsibility of each First Prize Winner and Grand Prize Winner (collectively, “Winners”). Prizes cannot be transferred by Winners or redeemed for cash and are valid only for the items detailed above, with no substitution of a Prize by a Winner. If a Prize is unclaimed within a reasonable time after notification from Sponsors, as determined by Sponsors in their sole discretion, it will be forfeited, and time permitting, an alternate Winner may be selected from the remaining eligible Entries based on the applicable Judging Criteria at Sponsors’ sole discretion. Winners may be required to execute and return additional documents, which, among other things, will permit Sponsors to record and/or broadcast the Appearances of Winners on TODAY. However, Sponsors are under no obligation whatsoever to do so.
RECORDING: Sponsors, in their sole discretion, may choose to record and/or broadcast the Appearance of Winners on TODAY. If Sponsors, in their sole discretion, elect to incorporate any audio and/or video recording of Winners (the “Recording”) into TODAY or other television shows, the taping and/or the Recording will not be considered an employment opportunity, and Winners will not be entitled to compensation or credit thereof. Sponsors will determine the nature of the Recording in their sole discretion. If the Recording is broadcast, such broadcast will be at a time, for a length of time, and on a date determined by Sponsors in their sole discretion. Winners will be required to return completed and signed appearance releases, confidentiality agreements and such other documents as may be required by Sponsors prior to their Appearance on TODAY and participation in the Segment or Rehearsal, if any. Failure of Winners to complete and execute these documents in a timely manner, as determined by Sponsors in their sole discretion, may cause the Prizes 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 Sponsors in their sole discretion. Winners will not have a right of review, notice, or approval of the content of the Recording or any exhibition or exploitation thereof. Sponsors have the right, in their sole discretion, to disqualify Winners, cause the Prizes to be forfeited, and remove Winners from TODAY at any time, if any Winners’ behavior is deemed by Sponsors to be disruptive or if it may or does cause damage to person, property, or reputation of Sponsors or if it otherwise violates the policies of Sponsors, or if Winners do not follow the directions of Sponsors 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 and their respective officers, directors, and employees (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in the Contest and/or his/her acceptance, possession, use, or misuse of Prize or any portion thereof (including any travel related thereto); (b) to indemnify Released Parties from any and all liability resulting or arising from the Contest and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to Prize, including express warranties provided exclusively by Prize supplier that are sent along with Prize; (c) if selected as a Winner, to the posting of such entrant’s name on Website and the use by Released Parties of such name, voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Contest itself, and to be bound by all decisions of the Sponsors, which are binding and final. Failure to comply with these conditions may result in disqualification from the Contest at Sponsors’ sole discretion.
ADDITIONAL TERMS: Sponsors reserve the right to permanently disqualify from any promotion any person they believe has intentionally violated these Official Rules. Any attempt to deliberately damage the Contest or the operation thereof is unlawful and subject to legal action by Sponsors, who may seek damages to the fullest extent permitted by law. The failure of Sponsors to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsors (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these Official Rules. Released Parties assume no responsibility for any injury or damage to entrants’ or to any other person’s computer relating to or resulting from entering or downloading materials or software in connection with the Contest. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of entry information; for errors in any promotional or marketing materials or in these Official Rules; for any human or electronic error; or for entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned. Sponsors reserve the right to cancel, modify, or suspend the Contest or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules). In the event of cancellation, modification, or suspension, Sponsors reserve the right to select Winners from among all eligible, non-suspect entries received prior to the time of the event warranting such cancellation, modification, or suspension based on the Judging Criteria above. Notice of such cancellation, modification, or suspension will be posted at Website. Sponsors may prohibit any entrant or potential entrant from participating in the Contest, if such entrant or potential entrant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsors, or Sponsors’ agents or representatives; or behaves in any other disruptive manner (as determined by Sponsors in their sole discretion). Sponsors reserve the right to modify these Official 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 Winners, available after August 13th, visit Today.com, or send a self-addressed, stamped envelope to be received by -August 20th, 2014 to: Today Show, “Too Good To Be Healthy”, 30 Rockefeller Plaza, New York, NY 10112, Attn: Rekha Shetty.