Enter the Wake up with Al contest here.
Wake Up With Al
Official Rules
April 15, 2013—April 24, 2013
PRELIMINARY INFORMATION: NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. Void where prohibited. Wake Up With Al (“Contest”) will begin on April 15, 2013 at 7:00 A.M. ET and end on April 24, 2013 at 3:00 P.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 (“TODAY”) and NBCUniversal Media, LLC, both located at 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, 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 access http://www.TODAY.com/WakeUpWithAl (the “Website”). Follow the provided instructions to complete and thereafter submit the entry form (“Entry”), which includes entrant’s name, telephone number, email address, birthdate, and a recent picture of the entrant (the “Entry Information”). As part of the Entry, you will also be required to submit one (1) statement of two hundred fifty (250) words or less (the “Essay”) on the following theme (the “Theme”): “Why should Al come to your neck of the woods for a live broadcast? Do you live in a unique residence or location that you want to showcase to Al and TODAY viewers?”. In addition to the required Essay, you may choose to upload and submit one (1) optional video (the “Video”) on the Theme. Video must be in one (1) of the following electronic formats: MPEG (.mpg), QuickTime (.mov), AVI (.avi), Windows Media (.wmv), Flash Video (.flv), and Real Media (.rm). Video must be no larger than forty (40) MB in size and no longer than sixty (60) seconds in length. If Video exceeds sixty (60) seconds in length, only the first sixty (60) seconds will be judged. You must submit the Essay and the Video (collectively referred to herein as the “Submissions”) online according to the provided instructions on the Website. Your Essay must be original (that is, written by you), true, and verifiable. Your Essay must be submitted in the English language. Your Video must be original (that is, filmed, created, and edited by you), true, and verifiable. Other than minor changes to lighting and coloring, Video must not have been altered or edited in any manner that distorts the original Video. Video cannot have been created professionally and must not contain watermarks or other copyright notices. You must have the permission of any person that you identify or otherwise refer to in your Submissions. If any minors appear in your Submissions, you must be that minor’s parent and/or legal guardian. Your Submissions and any other portion of the Entry may be broadcast on TODAY, on the Website, and in promotions and advertisements for TODAY. All Entries become the property of Sponsors and will not be acknowledged or returned.
Entrants must submit the Essay as part of the Entry in order 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 markets and media worldwide in perpetuity without 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 24, 2013 at 3:00 P.M. ET to be eligible for the Contest. Sponsors’ computer shall be the official timekeeper for all matters related to the Contest. Limit one (1) Entry per person 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 markets and media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval.
PRIVACY: Entrants will have the opportunity to receive information from Sponsors and selected partners by checking the appropriate box(es). If, at any time, you no longer wish to receive materials from Sponsors or our partners, please go to our privacy policy, located at http://www.today.com/id/48150786/ns/today/t/privacy-policy/, or the applicable partner’s privacy policy and follow the procedures indicated.
JUDGING: One (1) or more qualified judges selected by Sponsors (“Judges”) will review the eligible Entries received during the Contest Period and may select up to three (3) potential winners (“Winners”) on or about April 24, 2013 based on the following judging criteria (“Judging Criteria”): Originality (30%), Uniqueness of Residence (30%), and Creativity (40%). Sponsors in their sole discretion will select a minimum of one (1) potential Winner and a maximum of three (3) potential Winners based on the Judging Criteria. Although Sponsors may select up to three (3) potential Winners in their sole discretion, Sponsors shall have no obligation to do so. In the event of a tie, the Judges will break the tie by selecting the tied entrant who received the highest points from the Judges for Creativity as a 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 a potential Winner. Decisions of Sponsors and Judges are final and binding with respect to all matters related to the Contest. Winning is subject to verification of eligibility and compliance with the terms of the Official Rules. Sponsors reserve the right to pick fewer than (3) or no potential Winners at all, to extend the Contest Period, or to cancel the Contest, if in their sole discretion, Sponsors do not receive a sufficient number of eligible and qualified Entries. Representatives of TODAY will attempt to contact each potential Winner at least two (2) times, using the phone numbers and/or email addresses submitted at the time of entry. Each potential Winner 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 Prize (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.
PRIZE: There may be up to three (3) prizes awarded (each a “Prize”), with one (1) Prize to each Winner. Sponsors in their sole discretion will award a minimum of one (1) Prize and a maximum of three (3) Prizes, subject to the number of Winners selected by Sponsors. Each Prize will consist of the following: Al Roker will visit the home of Winner, and TODAY will broadcast live from the Winner’s home (the “Event”) from 7:00 A.M. ET to 10:00 A.M. ET on a day to be determined by Sponsors at their sole discretion from April 29, 2013 through May 31, 2013, or on such other date designated by Sponsors in their sole discretion. Sponsors, in their sole discretion, may require additional recording at the home of each Winner prior to the Event on a date designated by Sponsors in their sole discretion. If required, each Winner must be available for such additional recording prior to the Event on a date designated by Sponsors in their sole discretion, or Prize may be forfeited. Sponsors shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of each Prize due to reasons beyond Sponsors’ control, and are not responsible or liable for any expenses incurred as a consequence thereof. Date and/or time of the Event are subject to change. Event is subject to cancellation.
Estimated Retail Value (“ERV”) of each Prize is zero dollars ($0). Actual Retail Value (“ARV”) of each Prize may vary. Any difference between stated ERV and ARV will not be awarded. Sponsors will determine all details of each Prize in their sole discretion. Sponsors reserve the right to substitute a similar Prize (or Prize element) of comparable or greater value. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of each Prize are the sole responsibility of each Winner. Prizes cannot be transferred by Winners or redeemed for cash and are valid only for the items detailed above, with no substitution of a Prize by a Winner. 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 Winner may be selected from the remaining eligible Entries based on the Judging Criteria at Sponsors’ sole discretion.
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 name(s) of Winner(s), available after April 26, 2013, visit http://TODAY.com/WakeUpWithAl or send a self-addressed, stamped envelope to be received by June 26, 2013 to: TODAY Show, Attn: Wake Up With Al, 30 Rockefeller Plaza, New York, NY 10112.