PRELIMINARY INFORMATION: NO PURCHASE NECESSARY. A purchase will not improve your chances of winning. Void where prohibited. Today’s Father’s Day Burger Battle (“Contest”) will begin on May 16, 2013 at 8:30 A.M. ET and end on May 29, 2013 at 11:00 A.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 twenty-one (21) 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 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 (defined below) 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 TODAY.
HOW TO ENTER: To enter the Contest, during the Contest Period log on to (the “Website”), click on the Contest banner, and follow the provided instructions to complete and thereafter submit the entry form, which includes entrant’s name, address, telephone number, email address, and date of birth (the “Entry Information”). As part of the Entry (as defined below), entrant will also be required to upload and submit the following online according to the instructions provided on the Website: (a) an original recipe (written in the English language) of one hundred (100) words or less for homemade burgers (the “Recipe”); (b) one (1) photo of the entrant; and one (1) photo of the dish entrant prepared using the Recipe (collectively, “Photos”). Entry Information, together with Recipe and Photos, shall constitute Entry (“Entry”). Photos must have been taken within one (1) year of the start of the Contest Period and must feature only the entrant in one (1) photo and only the entrant’s dish in the other photo. Other than minor changes to lighting and coloring, Photos must not have been altered or edited in any manner that distorts the original photographs. Photos must not have been taken by a professional photographer and must not contain any watermarks. Photos must have been taken by entrant. Photos and the Recipe must be true and verifiable. By entering, entrant agrees that the Photos and Recipe (collectively referred to herein as the “Submissions”) and any other portion of the Entry may be broadcast on TODAY, on the Website, and in promotions and advertisements for TODAY. All Entries become the property of Sponsors and will not be acknowledged or returned.
Entrants must submit the Submissions as part of the Entry in order to enter and be eligible for the Contest. By entering the Contest, each entrant agrees that he/she created the Recipe. By entering the Contest, entrant grants 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 and to incorporate the Submissions in other works in any and all markets and media worldwide in perpetuity without compensation, notification, permission, or approval. 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 Submissions 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. Entries must comply with all applicable laws, rules, and regulations. Sponsors shall have no obligation to copy, publish, display, or otherwise exploit the Submissions.
Entries must be received before May 29, 2013 at 11:00 A.M. ET 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 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 the 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.
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 select three (3) potential winners (each, a “Winner”) on or about May 30, 2013, based on the following judging criteria (“Judging Criteria”): Originality of the Recipe (50%) and Creativity of the Recipe (50%). The three (3) Entries with the highest scores will be selected as the three (3) potential 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 of Recipe 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 Entries will be the potential Winner. Decisions of Judges and/or Sponsors are final and binding with respect to all matters related to the Contest. Representatives of Sponsors will attempt to contact potential Winners, using the phone number and/or email address submitted at the time of entry. Sponsors will attempt to contact each potential Winner two (2) times. If a potential Winner does not respond within twenty-four (24) hours of such contact, such potential Winner may be disqualified and Sponsors may, in their sole discretion, select the Entry with the next highest score based on the Judging Criteria as a potential Winner. Sponsors reserve the right to select fewer than three (3) potential Winners, to select no Winners at all, to cancel the Contest, or to extend the Contest Period, 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. All potential Winners will be selected subject to verification of eligibility and compliance with the terms of these Official Rules. Potential 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 Prize (described below) or Prize notification may result in disqualification and, at Sponsors' sole discretion, and time permitting, Sponsors may select the next highest scoring Entry based on the Judging Criteria as an alternate potential Winner. Limit one (1) Prize per family or household.
PRIZE: There will be three (3) prizes awarded (each, a “Prize”), with one (1) Prize awarded to each Winner. Each Prize consists of the following: a trip (the “Trip”) to the New York/New Jersey metropolitan area for Winner; and an opportunity for Winner to participate in an on-air appearance (“Appearance”) as part of TODAY’s Father’s Day Burger Battle (the “Recipes Demo”), scheduled to air on June 13, 2013 (or on such other date designated by Sponsors in their sole discretion). The Trip will consist of the following elements, each as determined by Sponsors in their sole discretion: standard hotel accommodations for Winner for one (1) night/two (2) days in the New York/New Jersey metropolitan area on or about June 12, 2013 through June 13, 2013 (“Hotel”); 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”) (as determined by Sponsors in their sole discretion); and round-trip ground transportation between Destination Airport and Hotel, and Hotel and set of TODAY in New York, NY. Winners must be available to (a) travel to New York City on June 12, 2013, or on such other date as specified by Sponsors in their sole discretion, and (b) available for a Recipes Demo rehearsal (“Rehearsal”) on June 12, 2013 at 4:30 P.M. ET at the set of TODAY in New York, NY, or Prize may be forfeited. During Appearance of the Recipes Demo, each Winner will have the opportunity to present the Recipe submitted as part of his or her Entry.
Estimated Retail Value (“ERV”) of each Prize is two thousand dollars ($2,000). Total ERV of all Prizes awarded in the Contest is six thousand dollars ($6,000). Actual Retail Value (“ARV”) of Prizes will vary depending on the point of departure, point of arrival, and fare fluctuation for the Trip. Any differences between stated ERV and ARV will not be awarded. Each 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. Trip is subject to space availability, select blackout dates, and other travel restrictions. 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 in 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 Winner. Prizes cannot be transferred by Winners or redeemed for cash and are valid only for the items detailed above, with no substitution of Prizes by Winners. 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, such Prize may be awarded to the next highest scoring Entry based on the Judging Criteria, as determined by Sponsors in their sole discretion. Each Winner may be required to execute and return additional documents, which, among other things, will permit the Sponsors to record and/or broadcast his or her Appearance on TODAY; however, Sponsors are under no obligation whatsoever to do so.
Each Winner must be able to travel June 12, 2013 through June 13, 2013 (or on such other dates designated by Sponsors), or his/her Prize will be forfeited. Trip must be completed by the date specified by Sponsors or Prize will be forfeited. No other travel elements (including, without limitation, insurance, gasoline, meals, gratuities, souvenirs, etc.) are included in Prizes. Airline and hotel reservations are subject to availability and the sole discretion of Sponsors. Certain travel restrictions may apply. Trip arrangements must be made through Sponsors’ agent, on a carrier of Sponsors’ choice. Sponsors have the right in their sole discretion to substitute ground transportation for air transportation depending on Winners’ place of residence. Tickets are 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 Winners. Tickets are void if sold for cash or other consideration. Trip may not be combined with any other offer, and travel may not quality for frequent flyer miles. 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 will not replace any lost or stolen tickets, travel vouchers, or certificates. Winners are 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. Winners are solely responsible for all expenses and costs associated with acceptance and/or use of Prizes not specifically stated herein as being awarded, including but not limited to, travel insurance, meals, gratuities, and souvenirs. Each 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 Prize. Prizes consist only of the elements set forth above. Sponsors are not liable for any expenses incurred as a consequence of flight cancellation/delay. Sponsors shall have no responsibility or liability for cancellations, delays, or any other change by the air carrier(s), lodging facilities, or other companies or person providing any element of Prizes due to reasons beyond Sponsors’ control, and are not responsible or liable for any expenses incurred as a consequence thereof. 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. Winners acknowledge that accepting any portion of Prize shall constitute full satisfaction of Sponsors’ Prize obligation to Winners and no additional compensation will be awarded. Date and/or time of the Recipes Demo, Appearance, and/or Rehearsal are subject to change. Recipes Demo, Appearance and/or Rehearsal are subject to cancellation. No retail value is associated with the Recipes Demo, Appearance, and/or Rehearsal. If TODAY is not in production or the Recipes Demo, Appearance, and/or Rehearsal are canceled for any reason, no substitution, transfer, or cash equivalent of the applicable portion of Prizes will be provided in lieu thereof, no additional compensation will be awarded, and the remaining elements of Prizes shall not be awarded. All travel and lodging will be at the risk of Winners.
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 Recipes Demo 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 Prize 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 Winner’s 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 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 ATTORNEYS’ 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 13, 2013, visit
or send a stamped, self-addressed envelope to be received by August 13, 2013 to: Today’s Father’s Day Burger Battle, 30 Rockefeller Plaza NY, NY 10112, Attn: Sarah Clagett.
2013 NBCUniversal Media, LLC All rights reserved. Official Rules may be copied for personal use only and not for any commercial purposes whatsoever.