Most Deserving Mom Contest
Official RulesApril 16, 2013 – April 30, 2013
PRELIMINARY INFORMATION: No purchase necessary. A purchase will not improve your chances of winning. Void where prohibited. The Most Deserving Mom Contest (“Contest”) will begin on April 16, 2013 at 10:00 A.M. ET and end on April 30, 2013 at 11.59 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.
ELIGIBILITY: Open only to permanent, legal United States (“U.S.”) residents who are physically residing in one (1) of the forty-eight (48) continental United States or the District of Columbia (excluding Alaska, Hawaii, Puerto Rico, Guam, the Virgin Islands and other U.S. territories), and who are eighteen (18) years of age or older and of 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 Today Show, 30 Rockefeller Plaza, New York, NY 10112, NBCUniversal Media, LLC, 30 Rockefeller Plaza, New York, NY 10112 (collectively, “Sponsors”), Expedia.com and Norwegian Cruise Line (“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. 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). Mother (defined below) nominated in the Entry must also meet all eligibility requirements stated above and outlined throughout these Official Rules. Entrants are not eligible to receive either of the First Prizes (defined below) or the Grand Prize (defined below), unless they are the Mother who is nominated in the Entry selected by relevant Judges (as described below). First Prizes and Grand Prize will only be awarded to the Mother who is nominated in the Entry selected by relevant Judges.
HOW TO ENTER: To enter the Contest, during the Contest Period access klgandhoda.com (the “Website”), click on the “Most Deserving Mom” 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 upload and submit one (1) digital photograph (“Photo”) of you with the mother (the “Mother”) you would like to nominate. As part of the Entry, you will also be required to submit one (1) statement of one hundred fifty (150) words or less (the “Essay”) on the following theme: “Why this Mother deserves a dream cruise vacation”. Entrants may nominate themselves.
You must submit the Essay online according to the provided instructions. Essay must be original (that is written by you), true, and verifiable. Essay must be submitted in the English language. Photo must not have been taken by a professional photographer, and must contain no watermarks or other copyright notices. Photo must have been taken by you. Photo must be true and verifiable. You must submit Photo and Essay (collectively referred to herein as the “Submissions”) online according to the provided instructions. You must have the permission of any person that you identify or otherwise refer to in your Submissions, including the Mother that you are nominating in your Entry. If any minors appear in the Submissions, the entrant must be that minor’s parent and/or legal guardian. Submissions and any other portion of the Entry may be broadcast on TODAY, on the Website, and in promotions and advertisements for TODAY. Entrants are not eligible to receive either of the First Prizes or Grand Prize, unless they are the Mother who is nominated in the Entry selected by relevant Judges (as described below).
All Entries become the property of Sponsors, and will not be acknowledged or returned. You must submit 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 Submissions and to incorporate the Submissions in other works in any and all media now or hereafter known, throughout the world in perpetuity, without additional 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 April 30, 2013 at 11:59 A.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 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 FIRST ROUND FINALISTS AND GRAND PRIZE WINNER: There will be two (2) rounds of judging: round 1: initial judging to determine the First Round Finalists; and round 2: judging to determine the Grand Prize Winner.
Round 1: Initial Judging for the First Round Finalists: On or about April 30, 2013, one (1) or more qualified judges selected by Sponsors (“Initial Judges”) will review all eligible Entries received during the Contest Period and select up to two (2) Mothers (each a “First Round Finalist”) based on the following initial judging criteria (“Initial Judging Criteria”): Originality (20%) and Strength of the Essay (80%). Each First Round Finalist will advance to Round 2: Judging to Determine the Grand Prize Winner, subject to verification of eligibility. The selection and review process may occur on a rolling basis as Entries are received. In the event of a tie, the Initial Judges will break the tie by selecting the tied entrant who received the highest points from the Initial Judges for Strength of the Essay to advance to Round 2: Judging to Determine the Grand Prize Winner. In the event a tie remains, an additional tie-breaking judge will judge the tied Entries, using the Initial Judging Criteria, to determine which of the tied Entries will advance to Round 2: Judging to Determine the Grand Prize Winner. Decisions of Sponsors and Judges are final and binding with respect to all matters related to the Contest. Sponsors reserve the right to pick fewer than two (2) First Round Finalists (or none at all) or to extend the Contest Entry Period if the Contest does not receive a sufficient number of eligible and qualified Entries, as determined by Sponsors in their sole discretion. Sponsors will make two (2) attempts to notify potential First Round Finalists at the phone number and/or email address submitted at the time of entry. Potential First Round Finalists 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 First Prize (defined below) or First Prize notification may result in disqualification and, at Sponsors' discretion, and time permitting, an alternate potential First Round Finalist may be selected from among all eligible remaining Entries based on the Judging Criteria. All potential First Round Finalists will be selected subject to verification of eligibility and compliance with the terms of these Official Rules. Entrants are not eligible to receive Grand Prize, unless they are the Mother who is nominated in the Entry selected by Final Judges (as described below).
Round 2: Judging to Determine The Grand Prize Winner: On or about May 9, 2013, following the Round 1: Initial Judging for the First Round Finalists, one (1) or more qualified judges selected by Sponsors (“Final Judges”) will select one (1) Mother (“Grand Prize Winner”) based on the following final judging criteria (“Final Judging Criteria”): Strength of the Essay (100%). One (1) of the Mothers of the two (2) First Round Finalists will be selected as Grand Prize Winner. Entrants are not eligible to receive Grand Prize, unless they are the Mother who is nominated in the Entry selected by Final Judges. In the event of a tie, an additional tie-breaking judge will judge the tied Entries, using the Final Judging Criteria, to determine which of the tied Entries will be the Grand Prize Winner, subject to verification of eligibility. In the event of any remaining tie, the tied Entries will be re-scored according to the Final Judging Criteria until the tie is broken. Grand Prize Winner may be required as a condition of continued eligibility to sign an affidavit of eligibility, waiver of liability, and, except where prohibited, publicity release (collectively, “Contest Documents”) within two (2) days of such notification. Noncompliance within this time period will result in disqualification. If potential Grand Prize Winner cannot be reached, is found ineligible, cannot or does not comply with the foregoing requirements and these Official Rules, if Grand Prize (defined below) or Grand Prize notification is returned as undeliverable, or if potential Grand Prize Winner does not satisfactorily execute all of the Contest Documents, potential Grand Prize Winner will be disqualified and Sponsor may, at Sponsors’ sole discretion, award Grand Prize to the Mother of the remaining First Round Finalist.
FIRST PRIZE: There will be two (2) first prizes awarded (each a “First Prize”), with one (1) First Prize awarded to each First Round Finalist. Each First Prize consists of the following: a trip to the New York/New Jersey metropolitan area for First Round Finalist and one (1) guest (“Guest”) (“Trip”); and an opportunity for First Round Finalist and one (1) Guest to appear on-air as part of TODAY’s Most Deserving Mom (“Segment”), scheduled to be recorded on May 9, 2013 or on such other date designated by Sponsors in their sole discretion (“Appearance”). Trip will consist of the following elements, each as determined by Sponsors in their sole discretion: accommodations (standard room, double occupancy) for First Round Finalist and Guest for one (1) night/two (2) days at a hotel in the New York/New Jersey metropolitan area on or about May 8, 2013 through May 9, 2013 (“Hotel”); round-trip, coach-class airfare for First Round Finalist and Guest from a major airport near First Round Finalist’s residence to a major airport in the New York/New Jersey metropolitan area (”Destination Airport”); and round-trip ground transportation between Destination Airport and Hotel, and Hotel and set of TODAY in New York, NY (“TODAY Set”). First Round Finalists and Guests must be available to (a) travel to New York City on May 8, 2013 or on such other date as specified by Sponsors in their sole discretion; and (b) each First Round Finalist must be available to go to his or her local NBC station on a date designated by Sponsors in their sole discretion prior to May 8, 2013 and read his or her Essay (details subject to the sole discretion of Sponsors), or First Prize may be forfeited. If TODAY is not in production or the Segment is canceled for any reason, no substitution, transfer or cash equivalent of the applicable portion of First Prizes will be provided in lieu thereof, no additional compensation will be awarded, and the remaining elements of First Prizes shall not be awarded. First Round Finalists and Guests must be able to travel May 8, 2013 through May 9, 2013 (or on such other dates designated by Sponsors), or First Prizes may be forfeited.
Estimated Retail Value (“ERV”) of each First Prize is two thousand dollars ($2,000). No retail value is associated with the Appearance or Segment. ERV of all First Prizes is four thousand dollars ($4,000). Actual Retail Value (“ARV”) of First Prizes may vary. Any difference between stated ERV and ARV will not be awarded. Each First Round Finalist will receive an Internal Revenue Service Form 1099 from Sponsors for the total ARV of First Prize for the calendar year in which First Prize was awarded. Date and/or time of the Segment and/or Appearance are subject to change. Segment and/or Appearance are subject to cancellation. Trip is subject to space availability, select blackout dates, and other travel restrictions. Trip must be taken within the dates specified by Sponsors, or First Prize will be forfeited. Airline and hotel reservations are subject to availability. Trip arrangements must be made through Sponsors’ agent, on a carrier of Sponsors’ choice. First Prizes are valid only for travel on an airline chosen by Sponsors in their sole discretion. First Prizes are non-refundable and not valid for business-related or group travel. Trip may not be combined with any other offer, and travel may not qualify for frequent flyer miles. Prizes are void if sold for cash or other consideration. All travel and lodging will be at the risk of First Round Finalists and Guests. Sponsors reserve the right to substitute ground transportation for air transportation in their sole discretion depending on the place of residence of First Round Finalist. Each First Round Finalist and Guest pair must travel together on the same itinerary, including the same departure date, destination and return date, and failure to do so will result in forfeiture of First Prize.
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. First Round Finalists and Guests 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 First Prizes. Sponsors will not replace any lost or stolen tickets, travel vouchers, or certificates. Tickets will be issued only to First Round Finalists and Guests. No other travel elements (including without limitation, insurance, gasoline, meals, gratuities, souvenirs, etc.) are included in First Prizes. First Round Finalists are solely responsible for any and all expenses and costs associated with acceptance and/or use of First Prizes not specifically stated herein as being awarded, including without limitation, any and all tax liability. 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.
GRAND PRIZE: There will be one (1) grand prize awarded (“Grand Prize”). Grand Prize consists of the following: one (1) seven (7)-day cruise to a destination (to be determined by Grand Prize Winner and subject to availability by Prize Provider) that is serviced by Norwegian Cruise line (“Cruise”) for Grand Prize Winner and up to three (3) Guests (subject to availability and the sole discretion of Prize Provider). Grand Prize also includes transportation costs up to two thousand dollars ($2,000) per person, which can be redeemed for airfare and ground transportation in connection with Cruise (subject to availability and the sole discretion of Prize Provider). Cruise must be booked one (1) year from date of issue. Redemption of Grand Prize and all arrangements for Cruise are subject to availability on select sailing dates. Certain blackout dates and other travel restrictions may apply. No other elements (including without limitation, insurance, meals in specialty restaurants, beverages, gratuities, souvenirs, shore excursions, spa services, and any other on board expenses of a personal nature) are included in Grand Prize. Grand Prize Winner is solely responsible for any and all cruise incidentals, onboard expenses (including without limitation, spa, beverages, casino, shore excursions, specialty dining, gift shop, etc.), and the daily gratuity charges.
ERV of Cruise is five thousand dollars ($5,000). ERV of Grand Prize is thirteen thousand dollars ($13,000). ARV of Grand Prize may vary. Any difference between stated ERV and ARV will not be awarded. Grand Prize Winner will receive an Internal Revenue Service Form 1099 for the total ARV of Grand Prize for the calendar year in which Grand Prize was awarded. If Grand Prize Winner chooses to redeem Grand Prize with fewer than three (3) or no Guests, the remaining elements of Grand Prize shall constitute full satisfaction of Sponsors’ Prize obligation to Grand Prize 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 Grand Prize will be forfeited. If any Guest is a minor, Grand Prize Winner must be such minor’s parent or legal guardian and must execute and return the Guest Documents on such minor’s behalf. Grand Prize Winner and Guests 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 Grand Prize. Grand Prize Winner and Guests must travel together on the same itinerary, including the same departure date, destination and return date, and failure to do so will result in forfeiture of Grand Prize. Grand Prize is subject to certain terms and conditions as issued by Prize Provider. Sponsors and/or Prize Provider will not replace any lost or stolen tickets, travel vouchers, or certificates. All travel and lodging will be at the risk of Grand Prize Winner and Guests. All arrangements to redeem Grand Prize must be made through the representatives of Prize Provider.
First Prizes and Grand Prize will be collectively referred to herein as the “Prizes”. Sponsors and/or Prize Provider 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 each Prize are the sole responsibility of each First Round Finalist and/or Grand Prize Winner. Each Prize cannot be transferred by each First Round Finalist and/or Grand Prize Winner (as applicable) or redeemed for cash and is valid only for the items detailed above, with no substitution of each Prize by each First Round Finalist and/or Grand Prize Winner (as applicable). 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, an alternate First Round Finalist and/or Grand Prize Winner (as applicable) may be selected from the remaining eligible Entries at Sponsors’ sole discretion. Sponsors shall have no responsibility or liability for cancellations, delays, or any other change by any air carrier(s), lodging facilities, or other company or any other persons providing any element of Prizes due to reasons beyond Sponsors’ control, and Sponsors are not responsible or liable for any expenses incurred as a consequence thereof. First Round Finalists and/or Grand Prize Winner acknowledge that accepting any portion of Prizes shall constitute full satisfaction of Sponsors’ Prize obligation to First Round Finalists and/or Grand Prize Winner, and no additional compensation will be awarded. Prizes are subject to certain terms and conditions as specified by issuer.
RECORDING: Sponsors, in their sole discretion, may choose to record and/or broadcast the Appearance of First Round Finalists and Guests on TODAY. If Sponsors, in their sole discretion, elect to incorporate any such audio and/or video recording (the “Recording”) into TODAY or other television shows, the taping and/or the Recording will not be considered an employment opportunity, and First Round Finalists and Guests 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. First Round Finalists and Guests may 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 Segment or Rehearsal, if any. Failure of First Round Finalists and Guests to complete and execute these documents in a timely manner, as determined by Sponsors in their sole discretion, may cause First Prizes 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. First Round Finalists and Guests 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 First Round Finalists, cause First Prizes to be forfeited, and remove First Round Finalists and/or Guests from TODAY at any time, if any behavior of First Round Finalists and/or Guests 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 First Round Finalists and/or 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 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).
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 Winners, available after May 10, 2013, visit klgandhoda.com, or send a self-addressed, stamped envelope to be received by July 10, 2013 to: TODAY Show, Most Deserving Mom Contest, 30 Rockefeller Plaza, New York, NY 10112, Attn: Emily Goldberg.