Steals and Deals Photo Caption Contest
October 23, 2013—October 24, 2013
PRELIMINARY INFORMATION: NO PURCHASE NECESSARY. A purchase will not improve your chances of winning. Void outside the TODAY terrestrial geographic viewing area and where prohibited. The Steals and Deals Photo Caption Contest (“Contest”) will begin on October 23, 2013 at 8:30 A.M. ET and end on October 24, 2013 11:30 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 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 fifty (50) United States or the District of Columbia (excluding Puerto Rico, Guam, the Virgin Islands, and other United States territories), and 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 (“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 their administrative, advertising, and promotion agencies, and any other entity involved in the development, administration, promotion, or implementation of the Contest.
TO ENTER: During the Contest Period, visit the TODAY Facebook page located at https://www.facebook.com/today (the “Page”) and click “Like”. Once you have “Liked” the Page, you will be required to submit a comment to TODAY’s post on the Page that will be posted on or about October 23, 2013 at 8:30 AM ET (the “Post”) with a statement (“Statement”) of one hundred (100) words or less creating a caption to accompany the photo included in the Post (the “Entry”). The Entry must be submitted via a “Comment” on the Post.
All Entries become the property of Sponsors and will not be acknowledged or returned. Your Statement must be original (that is, written by you) and must be submitted in the English language.
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 Statement and to incorporate the Statement 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 Statements 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 Statements contain material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive or if any Statements do not comply with these Official Rules or meet Sponsors’ standards for any reason, as determined by Sponsors in their sole discretion, such Statements (and the related Entries) may be rejected as ineligible for consideration and/or deleted from the Page. Entries must comply with all applicable laws, rules, and regulations. Sponsors shall have no obligation to copy, publish, display, or otherwise exploit the Statements.
You may enter once during the Contest Period. Multiple Entries received from any person or Facebook account beyond this limit will void all such additional Entries. Entries must be received before October 24, 2013 at 11:30 A.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 Facebook accounts to enter will be deemed ineligible and disqualified. 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 Facebook account used to enter will be deemed the entrant. “Authorized account holder” of a Facebook page is defined as the person who is assigned to a Facebook account by the Facebook website. Sponsors reserve the right to deem that the Entry was made by the registered subscriber of the email address or Facebook account submitted at the time of entry. Entry constitutes permission (except where prohibited by law) to use entrant’s name, Facebook user 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: A panel of qualified judges selected by Sponsors (“Judges”) will review the eligible Entries received during the Contest Period and select fifty (50) potential winners ( each a “Winner” and collectively “Winners”) on or about October 24, 2013 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 a 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 fifty (50) Winners, or to extend the Contest Period if in its sole discretion, Sponsors do not receive a sufficient number of eligible and qualified Entries. Potential Winners will be notified by Sponsors via Facebook and will be asked to provide an email address. Potential Winners or, if potential winner is a minor in his or her state of residence, his/her parent or legal guardian 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, and time permitting, alternate potential Winner(s) may be selected from among all eligible remaining Entries based on the Judging Criteria.
PRIZE: There will be fifty (50) prizes awarded (each a Prize and collectively “Prizes”). Each Prize consists of the following: one (1) Collage.com 50x60 custom fleece keepsake blanket. Prize will be awarded “as is” with no warranty or guarantee, either express or implied by Sponsors.
Estimated Retail Value (“ERV”) of Prize is one hundred and nine dollars and ninety-nine cents ($109.99). ERV of all Prizes is five thousand, four hundred ninety-nine dollars and 50 cents ($5,499.50). Actual Retail Value (“ARV”) of Prize may vary. Any difference between ERV and ARV will not be awarded. For any Prize with an ARV of six hundred dollars ($600) or more, Sponsors will furnish an Internal Revenue Service Form 1099 to Winner for the ARV of Prize for the year in which Prize was won. 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 Winners. Prize cannot be transferred by Winners 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.
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, Facebook, Twitter, 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 https://www.facebook.com/today (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). 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 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 name(s) of the Winner(s), available after October 30, 2013, visit today.com or send a self-addressed, stamped envelope to be received by December 30, 2013 to: Steals and Deals Photo Caption Contest, Attn: Charisse Williams, 30 Rockefeller Plaza, New York, NY 10112.
This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants are providing information to Sponsor and not to Facebook.