Kathie Lee and Hoda’s Derby Hat Contest Official Rules April 22, 2013 - April 26, 2013
PRELIMINARY INFORMATION: NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. Void where prohibited. Kathie Lee and Hoda’s Derby Hat Contest (“Contest”) will begin on April 22, 2013 at 10:00 A.M. ET and end on April 26, 2013 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 (defined below) received. Contest is subject to all applicable federal, state, and local laws.
SPONSORS: The Today Show (“TODAY”) and NBCUniversal Media, LLC, both located at 30 Rockefeller Plaza, New York, NY 10112, shall be the sponsors of this Contest and shall be referred to herein collectively as “Sponsors.”
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 Sponsors, Churchill Downs, Inc. (“Prize Provider”), 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. Potential Winner (as defined below) must be available to travel to Louisville, Kentucky on May 2, 2013 or on such other date as specified by Sponsors in their sole discretion, and attend the Kentucky Derby on May 4, 2013 or Prize will be forfeited. Contestants 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). Note: By entering, you agree that if you are chosen as a potential Winner you may undergo a background check conducted by TODAY and, if necessary, will sign waiver forms authorizing the release of personal and background information.
HOW TO ENTER: To enter the Contest, during the Contest Period log on to http://www.KLGandHoda.com (the “Website”), click on the Contest banner, and follow the provided instructions to complete and thereafter submit the entry form (the “Entry”), which includes your name, address, telephone number, email address, and date of birth. As part of the Entry, you will also be required to upload the following submissions: 1) two (2) photos of a homemade derby hat created and designed by you (the “Hat”) that shows the Hat by itself or shows the Hat with the contestant wearing the Hat (the “Photos”) and 2) one (1) statement, not exceeding one hundred (100) words, describing the Hat (the “Essay”). The Hat must be your own original work. Photos must have been taken within six (6) months of the start of the Contest Period and must feature only the contestant and/or Hat. You must upload and submit the Photos and the Essay (collectively referred to herein as the “Submissions”) online according to the provided instructions on the Website. Essay must be original (that is, written by you), true, and verifiable. Essay must be submitted in the English language. Photos must have been taken by you. Photos must not have been taken by a professional photographer, and must contain no watermarks or other copyright notices. Photos must be true and verifiable. The acceptable Photo size for each Photo is ten (10) MB in JPEG (.jpg) format. Other than minor changes to lighting and coloring, the Photos must not have been altered or edited in any manner that distorts the original Photo. By entering, you agree that your Submissions and/or any other portion of your Entry may be broadcast on TODAY, on the Website, and in any promotions and/or advertisements for TODAY. All Entries become the property of Sponsors and will not be acknowledged or returned.
Entries must be received before 11:59 P.M. ET on April 26, 2013 to be eligible for the Contest. Sponsors’ computer shall be the official timekeeper for all matters related to this Contest. Limit one (1) Entry per person/email address 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 a contestant, the authorized account holder of the email address used to enter will be deemed to be the contestant. “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 contestant’s name, city, state, likeness, image, voice, Photos, and/or Essay for purposes of advertising, promotion, and publicity in any and all markets and media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval.
Contestants must submit the Submissions as part of the Entry in order to enter and be eligible for the Contest. By entering the Contest, contestants 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 Submissions or any portion of the Entry and to incorporate the Submissions or any portion of the Entry in other works in any and all markets and media now or hereafter known, throughout the world in perpetuity. Contestants 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 Submissions or any other portion of the Entry 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. Contestants must have permission from all persons identified or otherwise referred to in the Submission or any other portion of the Entry. If any minors appear in the Submissions or any other portion of the Entry, the entrant must be that minor’s parent and/or legal guardian. If any Submissions or any other portion of the Entry contain material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive or if any Submissions or any other portion of the Entry 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. Entries must comply with all applicable laws, rules, and regulations. Sponsors shall have no obligation to copy, publish, display, or otherwise exploit the Submissions or any other portion of the Entry.
SELECTION AND NOTIFICATION OF WINNER: One (1) or more qualified judges selected by Sponsors (“Judges”) will review the eligible Entries received during the Contest Period and will select one (1) potential winner (“Winner”) on or about April 29, 2013 based on the following judging criteria (“Judging Criteria”): (1) creativity (fifty (50) points) and (2) originality (fifty (50) points). The Entry with the highest score will be selected as the potential Winner. In the event of a tie, the Judges will break the tie by selecting the tied contestant who received the highest points from the Judges for creativity as the potential Winner. In the event a tie remains, an additional tie-breaking judge will judge the tied Entries, using the Judging Criteria, to determine which of the tied contestants will be the potential Winner. Decisions of Sponsors and Judges are final and binding with respect to all matters related to the Contest.
The selection and review process may occur on a rolling basis as Entries are received. Judging will be based on the Entries 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 Entries. Sponsors’ representatives will attempt to contact the potential Winner whose Entry received the highest score from the Judges, using the phone number and/or email address submitted at the time of entry. If a potential Winner does not respond within two (2) days of the initial contact, such potential Winner may be disqualified and Sponsors may, in their sole discretion, select the runner-up contestant with the next highest score based on the Judging Criteria as the potential Winner. Potential Winner 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. Potential Winner may also be required to undergo a background check conducted by Sponsors and, if necessary, sign a waiver form authorizing the release of personal and background information. Noncompliance within this time period, with these Official Rules or the return of or inability to deliver any Prize (defined below) or Prize notification may result in disqualification and, at Sponsors' sole discretion, and time permitting, an alternate potential Winner may be selected from among all eligible remaining Entries based on the Judging Criteria. Sponsors reserve the right to select no Winner at all, extend the Contest Period, or cancel the Contest, if an insufficient number of eligible, complete, tasteful, appropriate, or generally qualified Entries are received by Sponsors as determined by Sponsors in their sole discretion. Potential Winner will be selected subject to verification of eligibility and compliance with the terms of these Official Rules.
PRIZE: There will be one (1) prize (“Prize”) awarded to Winner. Prize consists of the following: a trip for Winner and one (1) guest (“Guest”) to the Kentucky Derby in Louisville, Kentucky (“Trip”). Trip will consist of the following, each as determined by Sponsors and/or Prize Provider in their sole discretion: round-trip, coach-class airfare for Winner and Guest from a major airport in or near Winner’s place of residence to a major airport in or near Louisville, Kentucky; standard accommodations (single room, double occupancy) for Winner and Guest for three (3) nights from May 2, 2013 through May 5, 2013 in a hotel in or near Louisville, Kentucky (as determined by Sponsors and/or Prize Provider in their sole discretion) (“Hotel”); and two (2) tickets to the Kentucky Oaks, scheduled to take place at 10:30 A.M. CT on May 3, 2013 at Churchill Downs (located at 700 Central Ave., Louisville, KY 40208), for Winner and Guest (the “Oaks”); and two (2) tickets to the Kentucky Derby, scheduled to take place at 10:30 A.M. CT on May 4, 2013 at Churchill Downs (located at 700 Central Ave., Louisville, KY 40208), for Winner and Guest (the “Derby”). Tickets for the Oaks and the Derby include food and non-alcoholic beverages (subject to sole discretion of Prize Provider). Location of seats at the Oaks and the Derby will be determined by Sponsors and/or Prize Provider in their sole discretion. Winner and Guest agree to comply with all applicable venue regulations in connection with Prize. Winner and Guest must be available to travel to Louisville, Kentucky on May 2, 2013 or on such other date as specified by Sponsors in their sole discretion, and attend the Kentucky Derby on May 4, 2013 or Prize will be forfeited.
Estimated Retail Value (“ERV”) of the Prize is five thousand five hundred dollars ($5,500). Actual Retail Value (“ARV”) of Prize may vary depending on the point of departure, point of arrival, and fare fluctuation for the Trip. Any difference between stated ERV and ARV will not be awarded. Trip is subject to space availability, select blackout dates and other travel restrictions. Winner 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. Sponsors will determine all details of Prizes in their sole discretion. Sponsors reserve the right to substitute a similar Prize (or Prize element) of comparable or greater value in their sole discretion. 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, the Prize may be awarded to the runner-up contestant with the next highest score based on the Judging Criteria, as determined by Sponsors in their sole discretion. Trip must be taken within the dates specified by Sponsors, or Prize will be forfeited.
All travel and lodging will be at the risk of Winner and Guest. Sponsors shall have no responsibility or liability for cancellations, delays, or any other change by any lodging facility, company, or person providing any element of Prize due to reasons beyond Sponsors’ control, and are not responsible or liable for any expenses incurred as a consequence thereof. Date and/or time of the Oaks and the Derby are subject to change. The Oaks and the Derby is subject to cancellation. Airline and hotel reservations are subject to availability. Trip arrangements must be made through Sponsors’ agent, on a carrier of Sponsors’ choice. Certain travel restrictions and black-out dates may apply. Trip may not be combined with any other offer, and travel may not qualify for frequent flyer miles. 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 identification 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. Prize is non-refundable and not valid for business-related or group travel. Tickets are valid only for travel on airline chosen by Sponsors in their sole discretion. Tickets will be issued only to Winner. Tickets are void if sold for cash or other consideration. Winner is solely responsible for any tax liability, including applicable departure taxes or fees, all taxes and fees assessed at the time of ticketing, inspection charges, and security charges. 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. Sponsors are not liable for any expenses incurred as a consequence of flight cancellation/delay. Prize consists only of the elements set forth above. No other elements (including, without limitation, insurance, gasoline, meals, gratuities, souvenirs, etc.) are included in Prize. If Winner chooses to redeem Prize 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. Guest, 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 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. 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.
CONDITIONS: By entering the Contest, each contestant agrees for contestant and for contestant’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 contestant’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 contestant’s name 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 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 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 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 the Website. Sponsors 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, Sponsors, or Sponsors’ agents or representatives; or behaves in any other disruptive manner (as determined by Sponsors in their sole discretion).
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 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 May 1, 2013, visit http://www.KLGandHoda.com or send a self-addressed, stamped envelope to be received by July 1, 2013 to: TODAY, Kathie Lee and Hoda’s Derby Hat Contest, 30 Rockefeller Plaza, New York, NY 10112.