Kathie Lee and Hoda's Mother of the Year Contest with Salary.com: Official rules
PRELIMINARY INFORMATION: No purchase necessary. A purchase will not improve your chances of winning. Void where prohibited. The Kathie Lee and Hoda’s Mother of the Year Contest with Salary.com (“Contest”) will begin on April 16, 2012 at 10:00 A.M. ET and end on April 27, 2012 at 11:59 P.M. ET (“Contest Period”). All times in the Contest refer to Eastern Time (“ET”). Contest is subject 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 as of the start of the Contest Period. Entrants must be of good moral character. Sponsors (as defined below) reserve the right to exclude anyone convicted of a crime (other than misdemeanor traffic violations of a that did not involve personal injury, drugs, or alcohol). Entrants must have nothing in their background that would be an embarrassment to Sponsors, and entrants may not be elected officials or currently running for any political office (local, state or federal). At Sponsors’ request, each entrant must be willing to sign an affidavit of eligibility, release of liability, and, except where prohibited, a publicity release (collectively, “Contest Documents”) attesting that such entrant meets all of the foregoing eligibility requirements outlined above. Sponsors reserve the right to disqualify entrants for not meeting any of the requirements outlined above or for any other reason, in Sponsors’ sole discretion. 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, and Salary.com, 343 Winter Street, Waltham, MA 02451 (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.
HOW TO ENTER: To enter the Contest, during the Contest Period log on to klgandhoda.com (the “Website”), click on the Contest icon, 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”).
As part of the Entry, you will also be required to submit: (1) a photo (“Photo”) on the following theme: “a family photo including the mother who is being nominated for mother of the year” and (2) a statement of two hundred (200) words or less (“Essay”) on the following theme: “Reasons why my mother should win mother of year.”
You may submit Photo online according to the provided instructions on the Website. Photo must have been taken by you and you must have permission of any person identified in Photo. Professional Photos and Photos with watermarks are not eligible. You may submit Essay online according to the provided instructions. Essay must be original (that is written by you), true and verifiable, and submitted in the English language. You must have the permission of any person that you identify or otherwise refer to in your Essay.
All Entries become the property of Sponsors, and will not be acknowledged or returned. You must submit the Photo and Essay (collectively referred to herein as the “Submissions”) as part of your Entry to enter and be eligible for the Contest. 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 Photo or Essay and to incorporate the Submissions 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 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 or return the Submissions.
Entries must be received before April 27, 2012 at 11:59 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 and submission 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 one (1) potential grand prize winner (“Grand Prize Winner”) and two (2) potential first prize winners (“First Prize Winners”, and collectively with Grand Prize Winner, “Winners”) on or about May 1, 2012 based on the following judging criteria (“Judging Criteria”): Motherly Skills (50%) and Examples of mothering (50%). The highest scoring entrant will be declared the potential Winner; the second and third-highest scoring entrants will be declared the 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 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 three (3) Winners, or to extend the Contest Period if in their sole discretion, Sponsors do not receive a sufficient number of eligible and qualified Entries. Sponsors will attempt to notify potential Winners two (2) times at the email address submitted at the time of Entry. Potential Winners may be required to execute and return Contest Documents within two (2) days of such notification. Noncompliance by any potential Winner within this time period, with these Official Rules or the return of or inability to deliver any prize/prize notification may result in disqualification of such Winner and, at Sponsors' discretion, and time permitting, an alternate potential Winner may be selected. If the potential Grand Prize Winner is disqualified, the potential First Prize Winner with the highest score will become the potential Grand Prize Winner, and the highest-scoring non-winning entrant will be declared a potential First Prize Winner. If a First Prize Winner is disqualified, the highest-scoring non-winning entrant will be declared a potential First Prize Winner.
PRIZE: There will be three (3) prizes (“Prizes”) awarded: one (1) grand prize (“Grand Prize”) awarded to Grand Prize Winner; and two (2) first prizes (“First Prizes”), with one (1) First Prize awarded to each First Prize Winners.
First Prize: Each First Prize will include: round-trip, commercial coach-class airfare for First Prize Winner and up to three (3) guests (“Guests”) from an airport in or near First Prize Winner’s location to an airport in or near New York, NY (“Destination Airport”); accommodations for First Prize Winner and Guests for four (4) nights at a New York, NY area hotel (“Hotel”) (as determined by Sponsors in their sole discretion); dinner for First Prize Winner and Guests hosted by Salary.com (as determined by Sponsors in their sole discretion); round-trip ground transportation for First Prize Winner and Guests between Hotel and Destination Airport; an appearance on the TODAY show for First Prize Winner and Guests on May 10, 2012 (“Appearance”); and round-trip ground transportation for First Prize Winner and Guests between Hotel and Appearance. The Estimated Retail Value (“ERV”) of each First Prize is five thousand four hundred dollars ($5,400). ERV of all First Prizes is ten thousand eight hundred dollars ($10,800).
Grand Prize: Grand Prize will include: round-trip, commercial coach-class airfare for Grand Prize Winner and up to three (3) guests (“Guests”) from an airport in or near Grand Prize Winner’s location to an airport in or near New York, NY (“Destination Airport”); accommodations for Grand Prize Winner and Guests for four (4) nights at a New York, NY area hotel (“Hotel”) (as determined by Sponsors in their sole discretion); one (1) hosted dinner for Grand Prize Winner and Guests hosted by Salary.com (as determined by Sponsors in their sole discretion); round-trip ground transportation for Grand Prize Winner and Guests between Hotel and Destination Airport; an appearance on the TODAY show for Grand Prize Winner and Guests on May 10, 2012 (“Appearance”); round-trip ground transportation for Grand Prize Winner and Guests between Hotel and Appearance; and a Salary.com-provided salary for one (1) year totaling one hundred and twelve thousand, nine hundred and sixty-two dollars ($112,962.00). The ERV of Grand Prize is one hundred and eighteen thousand, three hundred and sixty-two dollars ($118,362.00).
All Winners and Guests must be available to travel from May 9, 2012 to May 13, 2012 (or on such other dates designated by Sponsors in their sole discretion), or Prize will be forfeited and an alternate Winner will be selected in accordance with the procedures outlined above. Guests must be the family members of their respective Winners.
Total ERV of all Prizes is one hundred and twenty-nine thousand, one hundred and sixty-two dollars ($129,162,00). 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. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prizes are the sole responsibility of Winners. Sponsor will furnish an Internal Revenue Service Form 1099 to Winners for the actual retail value (“ARV”) of their Prize for the tax year in which it was awarded. Any difference between the ERV and the ARV will not be awarded. 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 any 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 at Sponsors’ sole discretion in accordance with the procedures detailed above.
Sponsors shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of Prizes, and are not responsible or liable for any expenses incurred as a consequence thereof. Date and/or time of Appearance is subject to change. Appearance is subject to cancellation. If a Winner chooses to attend the Appearance with fewer than three (3), or no Guests, the remaining elements of Prize shall constitute full satisfaction of Sponsors’ Prize obligation to such Winner and no additional compensation will be awarded. Guests, 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 of the Prizes 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.
Travel arrangements must be made through Sponsors’ agent, on a carrier of Sponsors’ choice. Certain travel restrictions and blackout dates may apply. Sponsors have the right in their sole discretion to substitute ground transportation for air transportation depending on Winners’ places of residence. Winners must travel together on the same itinerary as their respective Guests, including the same departure date, destination and return date, and must have valid travel documents (e.g., valid government issued photo ID and/or passport) prior to departure, and failure to do so will result in forfeiture of their 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. All travel and lodging will be at the risk of Winners and Guests. 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, without limitation any and all taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prizes, 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.
RECORDING: Sponsors, in their sole discretion, may choose to record and/or broadcast the Appearance of Winners and Guests on TODAY. If Sponsors, in their sole discretion, elect to incorporate any audio and/or video recording of Winners and Guests (the “Recording”) into TODAY or other television shows, the taping and/or the Recording will not be considered an employment opportunity, and neither Winners nor Guests will be entitled to compensation or credit there for. 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 and Guests 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. Failure of Winners or Guests 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. Neither Winners nor Guests will 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 Prize to be forfeited, and remove Winners and Guests from TODAY at any time, if any Winner’s or Guest’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 and Guests 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, Sponsorsand 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 and entry 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).
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 the Winners, available after May 11, 2012, visit http://www.klgandhoda.com, or send a self-addressed, stamped envelope to be received by July 11, 2012 to: Kathie Lee and Hoda’s Mother of the Year Contest with Salary.com, 30 Rockefeller Plaza NY, NY 10112.