PRELIMINARY INFORMATION: NO PURCHASE NECESSARY TO ENTER OR WIN. Void where prohibited. A purchase will not improve your chances of winning. Kathie Lee and Hoda’s Derby Hat Contest (“Contest”) will begin on April 27, 2011 at 10:00 A.M ET and end on May 3, 2011 at 4:00 P.M. ET (“Contest Entry 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 Puerto Rico, Guam, the U.S. Virgin Islands and other U.S. territories), and who are twenty-one (21) years of age or older as of the start of the Contest Entry 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. Potential Winner (as defined below) must be available to travel to Louisville, Kentucky on May 5, 2011 or on such other date as specified by Sponsors in their sole discretion, and attend the Kentucky Derby on May 7, 2011 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, potential Winner will sign waiver forms authorizing the release of personal and background information.
HOW TO ENTER: To enter the Contest, during the Contest Entry Period log on to www.KLGandHoda.com (the “Website”), click on the Contest banner, and 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 Information”). As part of the Entry (as defined below), you will also be required to upload the following online according to the instructions provided on the Website: 1) two (2) photos of a derby hat created and designed by you (“Hat”) that shows the Hat by itself or shows the Hat with the contestant wearing the Hat (“Photos”) and 2) one (1) statement, not exceeding one hundred (100) words, describing in English Hat (“Essay”). The acceptable Photo size for each Photo is ten (10) MP in JPEG (.jpg) format. The Photos must have been taken within six (6) months of the start of the Contest Entry Period and must feature only the contestant and/or Hat. 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. The Essay must be original (that is written by you) and true and verifiable. The Entry Information, Photos, and Essay shall be collectively referred to herein as the “Entry.” By entering, you agree your Entry or any 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 4:00 P.M. ET on May 3, 2011 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 per Contest Entry 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 media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval.
By entering, 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 Entry or any portion of the Entry and/or incorporate the Entry or any portion of the Entry in other works in any and all markets and media worldwide 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 Entries 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 Entry contains material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive or if any Entry does not comply with these Official Rules or meet Sponsors’ standards for any reason, as determined by Sponsors in their sole discretion, such Entry 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 Entries.
SELECTION AND NOTIFICATION OF WINNER: A panel of qualified judges selected by Sponsors (“Judges”) will review the eligible Entries received during the Contest Entry Period and will select one winner (“Winner”) based on the following judging criteria: (1) creativity (fifty (50) points) and (2) originality (fifty (50) points) (“Judging Criteria”).
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. On or about May 3, 2011, the Judges will select the Winner. In the event of a tie, 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. Sponsors will contact the potential Winner who’s 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 a potential Winner. Sponsors reserve the rights to select no Winner at all, extend the Contest Entry Period, or cancel the Contest, if an insufficient number of eligible, complete, tasteful, appropriate, or generally qualified Entries are received by TODAY as determined by TODAY in its sole discretion. Potential Winner will be selected subject to verification of eligibility and compliance with the terms of these Official Rules. 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/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.
PRIZE: There will be one (1) prize awarded (each, a “Prize”) to Winner, consisting of a trip to the Kentucky Derby in Louisville, Kentucky for the Winner and one (1) guest (“Trip”). Trip will consist of the following, each as determined by Sponsors in their sole discretion: a) accommodations for Winner and Guest (standard room, double occupancy) for three (3) nights/four (4) days in a hotel in or near Louisville, Kentucky (as determined by Sponsors in their sole discretion) May 5, 2011, through May 8, 2011 (“Hotel”); b) round-trip, coach-class airfare for Winner and Guest from a major airport near Winner’s place of residence (as determined by Sponsors in their sole discretion) to a major airport in or near Louisville, Kentucky (as determined by Sponsors in their sole discretion); c) two (2) tickets to the Kentucky Derby for Winner and Guest on May 7, 2011 (“Derby”). Tickets will include food and alcoholic beverages for Winner and Guest, which will be provided at seats. Location of seats at Derby will be determined by Sponsors in their sole discretion. Date and/or time of Derby are subject to change. Derby is subject to cancellation Winner and Guest agree to comply with all applicable venue regulations in connection with Prize. Note: Winner and Guest must be available to travel to Louisville, Kentucky on May 5, 2011 or on such other date as specified by Sponsors in their sole discretion, and attend the Kentucky Derby on May 7, 2011 or Prize will be forfeited.
Estimated Retail Value (“ERV”) of the Prize is two thousand dollars ($2,000). Actual retail value (“ARV”) of Prize 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. 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. No other travel elements (including, without limitation, insurance, gasoline, meals, gratuities, souvenirs, etc.) are included in Prize. Winner and Guest must travel on the itinerary. All travel will be at the risk of Winner and Guest. Airline and hotel reservations are subject to availability. Tickets are non-refundable and are not valid for business-related or group travel. Tickets are valid only for travel on airline chosen by Sponsors in their sole discretion. Sponsors have the right in their sole discretion to substitute ground transportation for air transportation depending on Winner’s place of residence. Trip must be completed by the date specified by Sponsors or Prize will be forfeited. Tickets will be issued only to Winner. Tickets are void if sold for cash or other consideration. Winner is 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. Winner must have valid travel documents (e.g., valid government-issued photo identification and/or passport) prior to departure. Prize consists only of the elements set forth above. Travel arrangements must be made through Sponsors. Sponsors shall have no responsibility or liability for cancellations, delays, or any other change by any 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.
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 or 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 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 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 names of the winner, available after May 3, 2011, visit www.KLGandHoda.com