Are you scared of your computer? Do you have trouble downloading images from a camera? Can't figure out how to text your kids? If you think you're the least tech-savvy person in America, we'd like you to tell us why for a chance to have TODAY's Sara Haines and Ladies' Home Journal give you a makeover that will change your life. Read the rules below, then follow directions to submit your essay and a photo.
1. PRELIMINARY INFORMATION: NO PURCHASE NECESSARY TO ENTER OR WIN. Void where prohibited. The Tech Makeover Contest begins on September 8, 2009, at 12:01 a.m., Eastern Time (“E.T.”), and ends on October 9, 2009 at 11:59pm E.T (the “Contest Period”). Contest is subject to all applicable federal, state and local laws.
2. SPONSORS: The Contest is sponsored by Meredith Corporation, 1716 Locust Street, Des Moines, Iowa and NBC Universal, Inc., 30 Rockefeller Plaza, New York, New York (“Sponsors”).
3. ELIGIBILITY: Open only to permanent, legal 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), who are twenty-one (21) 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 Sponsors (as defined below) 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. Sponsors reserve the right to disqualify contestants for not meeting any of the requirements outlined above or for any other reasons, in Sponsors’ sole discretion. Entrants must agree that, if selected as a winner, and if requested to do so by Sponsors at their sole discretion, they will be available to be filmed for a possible appearance on The Today Show (the “Show”) and/or be photographed for a possible appearance in Ladies’ Home Journal magazine, on dates chosen by Sponsors in their sole discretion. Entrants 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). Entrant 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). Each entrant must be willing to sign a publicity release and an affidavit attesting to the truth of the facts in their Essay and attesting that each entrant meets all of the eligibility requirements.
Please note that by entering, and/or accepting a prize, you agree to undergo a background check conducted by Sponsors and, if necessary, to sign waiver forms authorizing the release of personal and background information.
4. ENTRY: To enter the Contest during the Contest Period, log on to KLGandHoda.com or www.lhj.com/techmakeover (the “Websites”), 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. As part of your entry, you will also be required to submit (1) an essay of fifty (50) words or less (the “Essay”) on the following theme: “Why I (or Someone I Know) Deserves A Technology Makeover,” and (2) one (1) photo (the “Photo”) of yourself (if you are entering on your own behalf), or the person you wish to nominate to get a technology makeover (if you are nominating someone other than yourself). Any person that you nominate for a makeover (the “Nominee”) must be twenty-one (21) years of age or older as of the start of the Contest Period and must meet all of the eligibility requirements for entrants as outlined in these Official Rules. You must have the permission of the Nominee to nominate them for a technology makeover. You must include the Nominee’s name, address, telephone number and email address (if any) in your entry if you are nominating someone other than yourself. 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. No one other than entrant (or the Nominee) may appear in the Photo. Photo must have been taken within one (1) year of the start of the Contest Period. Other than minor changes to lighting and coloring, Photo must not have been altered or edited in any manner that distorts the original photograph. You must have the permission of all persons appearing in your Photo for you to submit your Photo. Essays must be original (that is, created solely by submitting entrant), written in the English language, truthful, verifiable, unpublished, and must not have been submitted in any other competition. You must have the permission of any person that you identify or otherwise refer to in your Essay. Submissions must not infringe upon any rights of any third party, including but not limited to copyright, trademark, and rights of privacy and publicity. 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 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 the Submissions.
Entries must be received before October 9, 2009 at 11:59 PM ET to be eligible for this Contest. Sponsors’ computer shall be the official timekeeper for all matters related to this Contest. Limit one (1) entry per person and per household for the duration of the Contest. Multiple entries received from any person or household will void all such additional entries. 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. Sponsors are not responsible for lost, late, misdirected, or damaged entries. All entries become the sole property of Sponsors and none will be acknowledged or returned. Entries generated by a script, macro, or other automated means will be disqualified. 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 or Nominee’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.
5. JUDGING: On or about October 31, 2009, a panel of judges designated by Sponsors in their sole discretion (“Judges”) will select one (1) potential winner from among all eligible entries received based on the following judging criteria (“Judging Criteria”): effective expression of the necessity for a technology makeover (50%) and a compelling story (50%). Entrants may be required to participate in a telephone interview with Sponsors as determined by Sponsors in their sole discretion prior to the selection of a potential winner. In the event of a tie, the winning entry will be the entry among the tied entries with the higher/highest score in the criterion of the effective expression of the necessity for a technology makeover. Potential winner will be notified by telephone, email and/or overnight mail. If the winner notification is returned as undeliverable, winner is ineligible or winner declines the Prize, then the Prize will be forfeited and an alternate winner may be selected from the remaining eligible entries at Sponsors’ sole discretion. Potential winner will be required to complete and return to Sponsors within ten (10) days of notification an affidavit of eligibility/ownership/liability release, assignment of all rights in pre-existing work and publicity release, unless prohibited by law. The decisions of the Judges are final and binding in all respects.
NOTE: If a submitting entrant nominates a Nominee and the resulting entry is chosen as the potential winner, the potential winner will be the Nominee not the submitting entrant (the nominator), and such Nominee will receive the prize subject to verification of his/her eligibility as outlined in these Official Rules. Nominee must satisfy all applicable eligibility requirements of entrants as outlined in these Official Rules, or prize may be awarded to the runner-up entry with next highest score based on the Judging Criteria.
6. GRAND PRIZE: One (1) winner will receive a technology prize package makeover (“Prize Package”) provided by Sponsors in their sole discretion. The Prize Package may include items such as a home computer, Internet access and a digital camera, as determined by Sponsors in their sole discretion. The winning Essay and a picture of winner may appear in Ladies’ Home Journal magazine and the winner may appear on the Show as determined by Sponsors in their sole discretion.
Estimated Retail Value (“ERV”) of prize is two thousand five hundred dollars ($2,500). Actual retail value of prize may vary based on items utilized in makeover. Any differences between ERV and actual retail value will not be paid. Appearance on Show and in Ladies’ Home Journal magazine, if any, has no retail value.
Winner must be available to be awarded the prize between November 1, 2009 and November 30, 2009 (on a date designated by Sponsor in its sole discretion) at Winner’s home address listed on the Entry between the hours of 9:00 AM ET to 5:00PM ET or on such other date and at such other time as specified by Sponsors in their sole discretion or prize will be forfeited, no compensation or substitution will be provided in lieu thereof and Sponsors shall have no further obligation to winner. Sponsors reserve the right to substitute a prize (or portions thereof) of equal or greater value if prize (or portions thereof) cannot be awarded as described. Sponsors will determine all elements of prizing in their sole discretion, including all elements of technology makeover. Sponsors will furnish an Internal Revenue Service Form 1099 to Winner for the total actual retail value of Prize Package for the tax year in which Prize Package was won. Prize Package may not be assigned, transferred, changed or redeemed for cash, except at the sole discretion of Sponsors. Prize Package is awarded “as is” with no warranty or guarantee express or implied. Sponsors disclaim all and any liability for the actual provision, quality or nature of any third party product or service accepted by the winner. The awarding of any prize is contingent upon full compliance with these Official Rules. Entrants agree to be bound by Official Rules and agree that if winner fails to provide proof of identity, refuses to provide required affidavit, is found to have violated the Official Rules or otherwise does not meet eligibility criteria, prize will be forfeited and awarded to the runner-up entry with the next highest score based on the Judging Criteria above.
Sponsors, in their sole discretion, may choose to record the technology makeover. If Sponsors, in their sole discretion, elect to incorporate the audio and video recording of the technology makeover (the “Recording”) into the Show or other television shows, the taping and/or the Recording will not be considered an employment opportunity, and winner will not be entitled to compensation or credit therefor. 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. The winner will be required to return completed and signed appearance releases, confidentiality agreements and such other documents as may be required by Sponsor prior to winner’s participation in the taping, if any. Failure of the winner 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. Winner will have no 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 the winner, cause the prize to be forfeited, and remove the winner from the taping at any time, if the 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 winner does 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.
7. 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 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 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. Released Parties are not responsible for technical, hardware, software, or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by any means or by any of the equipment or programming associated with or utilized in this Contest or by any human error which may occur in the processing of the entries in or in administration of this Contest.
8. ADDITIONAL TERMS: Sponsors reserve the right to permanently disqualify from the Contest 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 a 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 above judging criteria. Notice of such cancellation, modification, or suspension will be posted at 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).
9. 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.
10. WINNER’S LIST: For winner’s name, available after October 31, 2009, send a self-addressed, stamped envelope to be received by December 1, 2009, to Winner’s List, Tech Makeover Contest, Ladies’ Home Journal, 125 Park Avenue, New York, NY 10017.