Official Rules November 30, 2012—December 9, 2012
PRELIMINARY INFORMATION: No purchase necessary. A purchase will not improve your chances of winning. Void where prohibited. The TODAY’s Doppelgangers (“Contest”) will begin on November 30, 2012 at 8:00 A.M. ET and end on December 9, 2012 at 8:00 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 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 Virgin Islands and other U.S. territories), and who are eighteen (18) years of age or older and 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 the Today Show (“TODAY”), 30 Rockefeller Plaza, New York, NY 10112, NBCUniversal Media, LLC, 30 Rockefeller Plaza, New York, NY 10112, (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. 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). At Sponsors’ request, the potential Winner (as defined below) must be willing to sign an affidavit attesting that such entrant meets all of the foregoing eligibility requirements and possibly undergo a background check conducted by TODAY.
HOW TO ENTER: To enter the Contest, during the Contest Period log on to TODAY.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”). As part of the Entry, you will also be required to submit one (1) recent photograph of yourself resembling one (1) of TODAY’s anchors (Matt Lauer; Savannah Guthrie; Al Roker; Natalie Morales; or Willie Geist (collectively, “TODAY Anchors”) (“Photo”). 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 other person identified in Photo. Other than minor changes to lighting and coloring, Photo must not have been altered or edited in any manner that distorts the original Photo. Photo must not have been taken by a professional photographer, and must contain no watermarks or other copyright notices. Photo must be true and verifiable.
As part of the Entry, you will also be required to submit one (1) statement of one-hundred (100) words or less (“Essay”) on the following theme: “How I’ve Been Mistaken for a TODAY Anchor” (‘Entry”). 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 permission from all persons identified or referred to in Essay.
All Entries become the property of Sponsors, and will not be acknowledged or returned. You must submit Photo and Essay (collectively referred to herein as “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 Submissions and to incorporate Submissions in other works in any and all markets and media worldwide in perpetuity without compensation or notification. 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 December 9, 2012 at 8:00 A.M. ET 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 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.
JUDGING: A panel of qualified judges selected by Sponsors (“Judges”) will review the eligible Entries received during the Contest Period and select five (5) potential winners (“Winners”) on or about December 9, 2012 based on the following judging criteria (“Judging Criteria”): Physical and Facial Resemblance to TODAY Anchor (75%) and Originality of Essay (25%). In the event of a tie, Judges will break the tie by selecting the tied entrant who received the highest points from the Judges for Originality of Essay as 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 potential Winner. Decisions of Sponsors and Judges are final and binding with respect to all matters related to the Contest. All potential Winners will be selected subject to verification of eligibility and compliance with the terms of these Official Rules. Representatives of Sponsors will attempt to contact potential Winners at least two (2) times, using the email addresses submitted at the time of Entry. If a potential Winner does not respond within twenty-four (24) hours of the initial contact, such potential Winner may be disqualified and Sponsors may in their sole discretion, select a runner-up Entry with the next highest score based on the Judging Criteria as potential Winner. PotentialWinner may be required to execute and return an affidavit of eligibility, release of liability, and, except where prohibited, publicity release (collectively, “Contest Documents”) within one (1) day of such notification. Noncompliance within this time period, with these Official Rules, or the return of or inability to deliver any Prize (as defined below) or Prize notification may result in disqualification and, at Sponsors' discretion, and time permitting, an alternate potential Winner may be selected from among all eligible remaining Entries based on the Judging Criteria. Sponsors reserve the right to pick fewer than five (5) or no Winners, or to extend or cancel the Contest if in their sole discretion, Sponsors do not receive a sufficient number of eligible and qualified Entries. Limit one (1) Prize per family or household.
PRIZE: There will be five (5) prizes awarded (“Prizes”), one (1) Prize awarded to each Winner. Each Prize consists of the following: a trip for Winner and up to one (1) guest (“Guest”) to the New York metropolitan area (“Trip”); and one (1) on-air live appearance for Winner as part of TODAY, scheduled to air on December 12, 2012 (“Segment”). Trip consists of the following elements, each as determined by Sponsors in their sole discretion: accommodations (standard room, double occupancy) for Winner and Guest at a hotel in or near the New York metropolitan area (“Hotel”) for one (1) night on or about December 11, 2012 through December 12, 2012; round-trip, coach-class airfare for Winner and Guest from a major airport near Winner’s residence to a major airport in or near the New York metropolitan area (“Destination Airport”); and round-trip ground transportation between Destination Airport and Hotel, and Hotel and set of TODAY in New York, NY. Segment consists of: one (1) on-air live appearance as part of TODAY for Winner only on December 12, 2012 or on such other date designated by Sponsors in their sole discretion (time to be determined at Sponsors’ sole discretion). Winners must be available to (a) travel to New York City from December 11, 2012 through December 12, 2012 or on such other dates as specified by Sponsors in their sole discretion; and (b) receive instructions regarding appearance on Segment from December 11, 2012 through December 12, 2012 or on such other date as specified by Sponsors in their sole discretion (time to be determined at Sponsors’ sole discretion), or Prizes will be forfeited, and Sponsors may in their sole discretion and time permitting, select a runner-up Entry as potential Winner.
Estimated Retail Value (“ERV”) of each Prize is one thousand five hundred dollars ($1,500). ERV of all Prizes is seven thousand five hundred dollars ($7,500). Actual Retail Value (“ARV”) of Prizes will vary depending on the point of departure, point of arrival, and fare fluctuation for Trip. Any differences between stated ERV and ARV will not be awarded.
Sponsors will determine all details of Prizes in their sole discretion. Date and/or time of Segment is subject to change. Segment is subject to cancellation. 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 ARV of Prizes for the tax year in which Prizes were 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 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, Prize may be awarded to the next highest scoring Entry based on the Judging Criteria, as determined by Sponsors in their sole discretion. Winners may be required to execute and return additional documents, which, among other things, will permit Sponsors to record and/or broadcast Winners’ appearances on TODAY. However, Sponsors are under no obligation whatsoever to do so.
All travel and lodging will be at the risk of Winners and Guests. Winners must be able to travel December 11, 2012 through December 12, 2012 (or on such other dates designated by Sponsors). Trip must be completed by the dates specified by the Sponsors or Prizes will be forfeited. Trip is subject to space availability, select black-out dates, and other restrictions. Travel arrangements must be made through Sponsors’ agent, on a carrier of Sponsors’ choice. Sponsors have the right in their sole discretion to substitute ground transportation for air transportation depending on Winners’ place of residence. Winner and Guest must travel together on the same itinerary, 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 Prize. Sponsors will not replace any lost or stolen tickets, travel vouchers or certificates. 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. Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. Prizes are non-refundable and not valid for business-related or group travel. Tickets will be issued only to Winners. Once issued, tickets are non-transferable and may not be reissued once travel has commenced. No other travel elements (including, without limitation, insurance, gasoline, meals, gratuities, souvenirs, etc.) are included in Prizes. 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 no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of Prizes due to reasons beyond Sponsors’ control, and are not responsible or liable for any expenses incurred as a consequence thereof. Winners acknowledge that accepting any portion of Prizes shall constitute full satisfaction of Sponsors’ Prize obligation to Winners and not additional compensation will be awarded. No retail value is associated with Segment. 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 Prizes will be provided in lieu thereof, no additional compensation will be awarded, and the remaining elements of Prizes shall not be awarded. 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 on TODAY. If Sponsors, in their sole discretion, elect to incorporate any audio and/or video recording of Winners (the “Recording”) into TODAY or other television shows, the taping and/or the Recording will not be considered an employment opportunity, and Winners 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. Winners 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 on TODAY and participation in the Segment, if any. Failure of Winners to complete and execute these documents in a timely manner, as determined by Sponsors in their sole discretion, may cause the 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. Winners 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 Winners, cause the Prizes to be forfeited, and remove Winners from TODAY at any time, if any 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 Winners 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 December 12, 2012, visit TODAY.com, or send a self-addressed, stamped envelope to be received by February 12, 2013 to: TODAY Show, Attn: TODAY’s Doppelgangers, 30 Rockefeller Plaza, New York, NY 10112.