Official rules for TODAY's Show Choir Showdown

Sept. 28, 2010, 2:06 PM UTC

Today's Show Choir Showdown

Official Rules

September 29th, 2010 – October 15th, 2010

PRELIMINARY INFORMATION: NO PURCHASE NECESSARY TO ENTER OR WIN. Void where prohibited. Show Choir Showdown (the “Contest”) begins on September 29th, 2010 at 10:00 am ET and ends on October 15th, 2010 at 5:00 pm ET (“Contest Entry Period”). Entry into this Contest constitutes your acceptance of these Official Rules. The Contest will be run in conjunction with The Today Show (“TODAY”), which airs weekdays at 7:00 am ET on NBC. All times in this Contest refer to Eastern Standard Time (“ET”). Contest is subject to all applicable federal, state and local laws.

SPONSORS: TODAY and NBC Universal, Inc. (“NBCU”), both located at 30 Rockefeller Plaza, New York, NY 10112, shall be the sponsors of the Contest and shall be referred to herein collectively as “Sponsors.”

ELIGIBILITY:Entry is open only to permanent, legal 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 United States territories), 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 Entry Period. Entrants must enter on behalf of an organized show choir group (“Show Choir Group”) that they regularly perform with or have been authorized to submit an entry on behalf of the performers in the Show Choir Group (“Performers”). All Performers must be thirteen (13) years of age or older as of September 29, 2010. Employees of TODAY, NBCU, MSNBC Cable LLC, NBC’s affiliated TV stations or websites, their respective advertising and promotion agencies, their parent, subsidiary and joint venture companies, and members of their immediate families (spouses, and parents, children, siblings and their spouses) and members of the households of any of the above (whether or not related) are not eligible to enter or win the Contest. Entrants and Performers 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). Performers must have nothing in their background that would be an embarrassment to Sponsors, and Performers may not be elected officials or currently running for any political office (local, state or federal). At Sponsors’ request, each Performer must be willing to sign a publicity release and an affidavit attesting that such Performer meets all of the foregoing eligibility requirements outlined above. Sponsors’ reserve the right to disqualify Performers and/or the Show Choir Group for not meeting any of the requirements outlined above or for any other reason, in Sponsors’ sole discretion. Performers must agree that, if their Show Choir Group is selected as a Finalist (as defined below), they will be available to travel to New York City on dates chosen by Sponsors, which are subject to change in the sole discretion of Sponsors. NOTE: Prior to submitting an entry, you must obtain permission from each Performer in the Show Choir Group and from a parent or legal guardian for each Performer that is a minor in their state of legal residence.

HOW TO ENTER: During the Contest Entry Period, there are two (2) ways to enter, either online or via the mail.

(A) Online Entry Instructions: To enter online, go to www.klgandhoda.com (the “Website”) and click on the Contest icon. Then, follow the provided instructions to complete and thereafter submit the online entry form, which includes your name, address (including hometown), telephone numbers (daytime and evening), email address, and birth date (“Entry Information”). As a part of your Entry (as defined below), you will also be required to submit an original video of your Show Choir Group, or Show Choir Group that has authorized you to submit an Entry (as defined below) on its behalf, showing us the Show Choir Group’s talent (the “Video”). Videos may contain a maximum of twenty (20) Performers and only those Performers will be eligible to win the Grand Prize (as defined below). The Video must be representative of a current production that the Show Choir Group is working on or performing. By using the upload option according to the instructions on the Website, submit your Video in one of the following electronic formats: QuickTime (.mov), Windows Media Video (.wmv), Audio Interleave Video (.avi), Moving Pictures Expert Group (.mpeg), MPEG format (.mpg), Advanced Systems Format (.asf), and Third Generation Partnership Group (.3gp) files. Video must be no larger than forty (40) mb in size, no longer than four (4) minutes in length, and must be in one of the applicable formats listed above. In addition, you must submit an original description in the English language (approximately three hundred (300) words, or less), telling us about the Show Choir Group (for example, the title and concept of the routine, background information about the Show Choir Group and Performers, and/or why you think the Show Choir Group should win the Contest) (the “Essay”). The Essay, the Video and the Entry Information, shall be collectively referred to herein as the “Entry.” All online Entries must be submitted by October 15th, 2010 at 5:00 pm ET.

Note: Earlier technical difficulties have been resolved, and we are now accepting online entries.

(B) Mail In Entry Instructions: To enter by mail, print the Entry form for the Contest available on the Website and follow the provided instructions to complete the Entry form for inclusion with your mail-in Entry. Then, make a Video and draft your Essay as described above. The mail-in Essay must be typed, legible and in the English language. You may submit your Video using a DVD format.Print your Entry Information (name, address, telephone numbers (daytime and evening), and email address) on a label, and affix the label to your Video. Send the labeled Video, your Essay, and your completed Entry Form in a single package to the following mailing address: The Today Show, NBCU, c/o Today's Show Choir Showdown, 30 Rockefeller Center, New York, New York 10112. All mail in entries must be received no later than October 15th, 2010 at 5:00 pm ET.

Limit one (1) Entry per Show Choir Group for the duration of the Contest Entry Period regardless of method of entry. All Entries become the property of Sponsors and will not be acknowledged or returned. The same Show Choir Group may not submit multiple Entries. Multiple Entries received from any single Show Choir Group will void all such additional entries and only the first eligible Entry received from such Show Choir Group will be eligible for Entry. You must have the permission of any person that appears or is identified in your Entry. Your Entry must be original, truthful, unpublished, and created solely by the submitting entrant’s Show Choir Group, or the Show Choir Group he/she represents. In case of a dispute over the identity of an entrant who submitted a potentially winning Entry, Sponsors reserve the right to deem that the Entry was submitted by the registered subscriber of the email address submitted at the time of Entry.

By entering, you agree that the Show Choir Group, or the Show Choir Group you represent, created the Video and you have any required permissions to submit your Entry to the Contest subject to the terms of these Official Rules. There must not be any proprietary background containing artwork or recognizable commercial logos, or any inappropriate or offensive materials in the Entry. Entries that are incomplete, illegible, garbled, late, damaged, corrupted, or postage due are void and will not be accepted. By entering, you agree that the Video and any other portion of the Entry, may be broadcast by Sponsors and used in promotions and advertisements for Sponsors.

By entering the Contest, entrant and Performers grant Sponsors the non-exclusive, royalty-free, and irrevocable right to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, edit (including for length) and otherwise exploit the Video and any other portion of the Entry and to incorporate it in other works in any and all markets and media now or hereafter known worldwide in perpetuity without additional compensation, notification, permission or approval. Performers, or, if some are minors, their parents/legal guardians, warrant that they have the sole and exclusive right to grant such rights to Sponsors and that Sponsors’ reproduction, publishing, displaying, and/or other use of their Entries, or any portions thereof will not infringe on any rights of third parties, including, without limitation, copyright, trademark, defamation, privacy, or publicity, or create claims for false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract. Any Entry containing material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive or that does not comply with these Official Rules or meet Sponsors’ standards for any reason, as determined by Sponsors in their sole discretion, will be rejected as ineligible for consideration. Entries must comply with all applicable laws, rules, and regulations. Entrant also warrants that he/she has obtained written permission when filming on private property not owned or controlled by Performer, where such permission is required. Upon request, entrant must provide Sponsors with signed releases from the owners of any private property where he/she filmed. Sponsors shall have no obligation to copy, publish, display, or otherwise exploit the Entry.

SELECTION AND NOTIFICATION OF THE FINALISTS AND GRAND PRIZE WINNER: There will be two (2) rounds of judging: Finalist Judging and Grand Prize Judging.

(A) Finalist Judging. Employees of TODAY (“Judges”) will review the eligible Entries received during the Contest Entry Period and select up to four (4) Show Choir Group finalists (each a “Finalist”) based equally on the following judging criteria: choreography, teamwork, originality, and creativity, each worth twenty-five (25) points (“Judging Criteria”). The selection and review process may occur on a rolling basis as Entries are received. In the event of a tie, the Judges will break the tie by selecting the tied Show Choir Group that received the highest points for originality of Show Choir Group’s talent from the Judges. In the event a tie remains, an additional tie-breaking judge, chosen by TODAY in its sole discretion, using the Judging Criteria to determine the Finalists, will judge the tied Entries. TODAY will make two (2) attempts to notify potential Finalists in person or at the phone number and/or email address submitted at the time of entry. If for any reason any of the Finalists do not meet any of the above requirements, each as determined by TODAY in its sole discretion, they may be disqualified and the Judges may select the runner-up as an alternate potential Finalist. Each potential Finalist must agree to keep in strictest confidence and not to disclose to any person, including other Show Choir Groups, or any other third party, any information whatsoever concerning the fact that they are potential Finalists. TODAY reserves the right to pick fewer than four (4) Finalists, if in its sole discretion, it does not receive a sufficient number of eligible and qualified Entries.

(B) Grand Prize Judging. On or about October 21st, 2010, following the Finalist Judging, each Finalist’s Video (or a portion thereof selected by TODAY in its sole discretion), Essay, clips from their appearance on TODAY, if any, and any other relevant information as determined by TODAY in its sole discretion, will be posted on the Website for public viewing and voting (“Grand Prize Voting Period”). TODAY expressly reserves the right to post on the Website a shorter version, selected and/or edited by TODAY in its sole discretion, of the Video and Essay submitted. Finalists will have no right of review, notice, or approval of the content in the Video and Essay posted on the Website. The Finalist who receives the most votes during the Grand Prize Voting Period, as determined by TODAY in its sole discretion, will be the potential grand prize winning Show Choir Group (“Grand Prize Winner”) subject to verification of eligibility. The Grand Prize Winner will be announced on or about October 22nd, 2010 during the filming of TODAY between approximately 10:00 am ET and 11:00 am ET and awarded the grand prize (“Grand Prize”). In the event of a tie in Grand Prize Judging, an additional tie-breaking judge, chosen by TODAY in its sole discretion, using the Judging Criteria, will judge the tied Finalists to determine which of the tied Finalists will be the Grand Prize Winner. The potential Grand Prize Winner must agree to make itself available and agree to appear live on TODAY, if requested to do so by TODAY and to otherwise be available to be videotaped and/or interviewed by TODAY, in its practice space, or in the broadcast studio in New York (or in another location selected by TODAY in its sole discretion), on dates selected by TODAY. Grand Prize Winner will be required as a condition of continued eligibility to have all Performers, or, if any Performers are minors, their parents or legal guardians, and chaperones complete and sign an Affidavit of Eligibility, Waiver of Liability, and, except where prohibited, Publicity Release (collectively, “Contest Documents”) within three (3) days of such notification. Noncompliance within this time period will result in disqualification. If the potential Grand Prize Winner cannot be reached or if it is found ineligible, if it cannot or does not comply with the foregoing requirements and these Official Rules, if its prize or prize notification is returned as undeliverable, or if it does not satisfactorily execute all of the Contest Documents, potential Grand Prize Winner will be disqualified and TODAY will award the Grand Prize to the runner-up Finalist with the next highest number of votes.

If any Finalist or Grand Prize Winner is a minor, then a parent or legal guardian of such minor will be required to execute and return the Contest Documents as specified above, and other documents as requested by Sponsors on behalf of minor. The decisions of the Judges and Sponsors are final and binding. Performers agree that Sponsors may record and broadcast Sponsors advising Performer(s) that he or she has been selected as a Finalist and/or Grand Prize Winner in Sponsors’ sole discretion. Sponsors reserve the right to make public personal information about the Performers on-air, prior to, during, or following the Contest.

ONLINE VOTING: On or about October 21st, 2010, at 10:00 am ET and ending on or about October 22nd, 2010 at 8:00 am ET (“Grand Prize Voting Period”), or on such other dates and at such other times as determined by Sponsors in their sole discretion, visitors to the Website may vote for their favorite Finalist (as applicable) according to the voting rules and procedures established by Sponsors, which will be posted on the Website. At the start of the Grand Prize Voting Period, each Finalist’s information (as applicable) will be posted on the Website in a randomized manner. After viewing the Finalist’s information (as applicable), visitors may vote for their favorite Finalist (as applicable) online by following the instructions provided on the Website. The Grand Prize Voting Period, voting rules and procedures and voting methods are subject to change, at Sponsors’ sole discretion, and any changes will be posted on the Website. In the event of a tie, ties will be broken as described above with regards to Finalist and Grand Prize selections. Voting is currently limited to one (1) vote per person during Grand Prize Voting Period, but Sponsors reserve the right to change the limit on the number of votes, in its sole discretion. Notification regarding any such change will be announced on-air and/or posted on the Website.

PRIZE: There will be one (1) prize (“Grand Prize”) awarded consisting of a two (2) day/one (1) night trip to New York City for no more than twenty (20) Performers, plus an additional amount of chaperones, if necessary, to be determined by Sponsors in their sole discretion. The trip will include: Round-trip, commercial coach-class air transportation for Grand Prize Winners and chaperones from an airport near the Grand Prize Winners’ residences to an airport near or in New York City (as determined by Sponsors in their sole discretion) on or about November 10th, 2010; a voucher good for one (1) night hotel accommodations at a hotel as determined by Sponsors in their sole discretion; and ground transportation to and from airport near or in New York City and hotel. On or about November 11th, 2010, Grand Prize Winner will be invited to perform the act from its Video, or other current act as determined by Sponsors in their sole discretion, live on-air during the filming of TODAY. This live performance must be accomplished in a twenty-four (24) ft by fourteen (14) ft space and shall include no more than twenty (20) Performers, all of whom must have appeared in the Video. All of the above Grand Prize elements are subject to change and shall be determined by Sponsors in their sole discretion. The Estimated Retail Value (“ERV”) of the Grand Prize is thirty five thousand dollars ($35,000).

Actual retail value (“ARV”) of Grand Prizes will vary depending on the point of departure, point of arrival, fare fluctuation for the flight and hotel. Grand Prize Winner and/or Performers, if appropriate, will receive an IRS Form 1099 from Sponsors for the total ERV of Grand Prize for the calendar year in which such Grand Prize was awarded. Any differences between stated ERV and ARV will not be awarded. Sponsors will determine all details of the Grand Prize in their sole discretion. Sponsors reserve the right to substitute the Grand Prize (or Grand Prize element) of comparable or greater value for any reason at Sponsors’ sole discretion. All taxes and other unspecified expenses, costs, or fees associated with the acceptance and/or use of a Grand Prize are the sole responsibility of Grand Prize Winner. Grand Prize cannot be transferred by Grand Prize Winner or redeemed for cash and are valid only for the items detailed above, with no substitution of Grand Prize by Grand Prize Winner. If Grand Prize is unclaimed, it will be forfeited. If Grand Prize Winner chooses to take the trip with fewer than twenty (20) Performers and/or no chaperones are required, the remaining elements of Grand Prize shall not be awarded. Grand Prize Winner, Performers and chaperones acknowledge that accepting any portion of the Grand Prize shall constitute full satisfaction of Sponsors’ Grand Prize obligation to Grand Prize Winner and no additional compensation will be awarded.

Airline and hotel reservations are subject to availability. Certain blackout periods, expiration dates and travel restrictions may apply. Travel and hotel arrangements will be determined by Sponsors in their sole discretion and must be made through Sponsors. Once determined, no change, extension or substitution of trip dates is permitted, except by Sponsors in their sole discretion. Chaperones must be at least twenty five (25) years of age as of the first date of travel. Grand Prize Winner and chaperones must travel together on the same itinerary. The Grand Winner will be responsible for ground transportation to and from the airport at point of origin. Unless otherwise indicated, no other travel elements (including, without limitation, insurance, gasoline, meals, gratuities, souvenirs, etc.) are included in Grand Prize. Tickets are non-refundable and are not valid for business-related or group travel. Tickets are valid only for travel on airlines chosen by Sponsors at Sponsors’ sole discretion. Sponsors have the right in their sole discretion to substitute ground transportation for air transportation depending on Grand Prize Winner’s location and/or place of residence. Travel must be completed by dates specified by Sponsors or Grand Prize will be forfeited. Tickets will be issued only to Grand Prize Winner and chaperones, if necessary. Tickets are void if sold for cash or other consideration. Grand Prize Winners and chaperones, if necessary, are responsible for any tax liability, including applicable departure taxes or fees, inspection charges, security charges or other ticket or baggage fees. 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. Grand Prize Winner and chaperones, if necessary, must have valid travel documents (e.g., valid government-issued photo identification and/or passport) prior to departure. Sponsors shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of Grand Prize due to reasons beyond Sponsors’ control, and are not responsible or liable for any expenses incurred as a consequence thereof. All travel will be at the risk of Grand Prize Winner and chaperones. All elements of Grand Prize must be redeemed at the same time. If Grand Prize Winner chooses to take the trip with fewer than twenty (20) Performers, the remaining elements of Grand Prize shall not be awarded. Grand Prize Winner, Performers and chaperones acknowledge that accepting any portion of the Grand Prize shall constitute full satisfaction of Sponsors’ Grand Prize obligation to Grand Prize Winner and no additional compensation will be awarded.

CONDITIONS: By entering the Contest, each Performer agrees for Performer and for Performer’s heirs, executors and administrators (a) to release and hold harmless Sponsors and their parents, subsidiaries, affiliates, 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 Performer’s participation in the Contest (including any travel related thereto) and/or his/her acceptance, possession, use, or misuse of the Grand Prize, or any portion; (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 any prize, including express warranties provided exclusively by the prize supplier that are sent along with the Grand Prize; (c) if selected as a Finalist or Grand Prize Winner, to the posting of such Performer’s member’s names on the Website and the use by Released Parties of such names, voices, images, and/or likenesses in any and all media now or hereafter known 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 actions of Sponsors and Judges, whose decisions are final and binding. Failure to comply with these conditions may result in disqualification from the Contest.

ADDITIONAL TERMS: These Official Rules and the Contest itself are neither a contract nor an application for employment. Sponsors reserve the right to terminate the Contest or 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. Sponsors reserve the right to cancel, suspend or modify 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 Finalist and/or Grand Prize Winner, as applicable, and award all remaining prizes in their sole discretion 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 described above. Notice of such cancellation, modification or suspension will be posted on the Website. Sponsors may prohibit any Performer or potential Performer from participating in the Contest, if such Performer or potential Performer shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other Performer, Sponsors, or agents or representatives of Sponsors; or behaves in any other disruptive manner (as determined by Sponsors in their sole discretion). 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 (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 Performers’ 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 publicity, promotional, advertising 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, returned, corrupted or postage due.

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 JAMS IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMES RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN NEW YORK. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF NEW YORK. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.

WINNER ANNOUNCEMENT: For the name of the Grand Prize Winner, available after October 22nd, 2010, visit .