These Voting Rules and Procedures for the Teacher of the Year Contest (“Contest”) are subject to change at any time at the sole discretion of the TODAY Show (“TODAY”) and NBCUniversal Media, LLC (“Sponsors”). Void where prohibited.
Voting (“Voting”) is simple and easy. To vote for the Contest first round finalist (“First Round Finalist”) who you think should be Teacher of the Year, watch/tune in to TODAY with Kathie Lee and Hoda on NBC and follow the on-air instructions. Check your local listings to see when TODAY with Kathie Lee and Hoda airs in your area. To vote, access the Kathie Lee and Hoda website, klgandhoda.com (“Website”), and follow the links to complete the Voting process. The First Round Finalist who receives the most Votes (as defined below) during the Voting Period, as determined by Sponsors in their sole discretion, will be named the potential grand prize winner (“Grand Prize Winner”) subject to verification of eligibility and compliance with the Contest Official Rules. Voting will be conducted pursuant to these Voting Rules and Procedures and any such other rules and procedures as TODAY may from time to time designate.
Eligibility: You must be 18 years of age or older to submit your vote (“Vote”). You must be a permanent legal resident of the United States or the District of Columbia.
Voting Period and Restrictions: Voting is open 10:00 A.M. ET on October 30, 2013 until 11:59 P.M. ET on November 4, 2013 (“Voting Period”). Voting is currently limited to one vote per person during the Voting Period, but TODAY reserves 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.
How to Vote Online: Log onto the Website and view the Voting choices available during the Voting Period. You may submit your Vote during the Voting Period by clicking on the box next to your selection. A voting confirmation page will appear confirming your selection.
General Conditions: TODAY has the right, in its sole discretion, to void any Vote that appears, to have been made by a person not meeting the eligibility requirements set forth above, or to be an automated or duplicate Vote, and has the right to permanently disqualify from any Voting any person it believes has violated these rules. If for any reason the Voting is not capable of being run or implemented as planned, including, but not limited to, as the result of infection by computer viruses or bugs, tampering, unauthorized intervention, fraud, or any other cause beyond the control of TODAY, which is likely to, or actually corrupts or affects the administration, security, fairness, integrity, or proper conduct of the Voting, then NBCUniversal reserves the right, in its sole discretion, to withdraw the transmission of any Vote and/or to terminate or suspend the Voting at any point and declare the Voting results based upon the Votes up to that point. In the event of technical difficulties with the Voting, including, but not limited to, mobile or Internet service interruptions, TODAY reserves the right to review the Votes for accuracy and to take any appropriate action, including, without limitation, voiding the Votes cast during the time period in which such technical difficulties occurred. TODAY, NBCUniversal, Media LLC, their respective parents, affiliates, subsidiaries, and advertising and promotion agencies, any other entity involved in the development or administration of the Voting, and each of their respective directors, officers, employees and assigns (collectively the “Released Parties”) are not responsible for any computer, network, technical, electronic, human or other errors or problems of any kind, for any injury or damage to participants or to any person’s computer or mobile phone relating to or resulting from Voting or downloading materials or software in connection with the Voting, or for Votes that are stolen, misdirected, garbled, delayed, lost, or late. By participating, each individual agrees to release and hold the Released Parties harmless against any and all claims and liability of any kind arising in whole or in part, directly or indirectly, out of their participation in the Voting.
Caution: Any attempt by you or any other individual to deliberately damage any online service, mobile phone service, or web site, tamper with the Voting process, or otherwise undermine the legitimate operation of the Voting is a violation of criminal and civil laws and should such an attempt be made, Released Parties reserve the right to seek damages and/or other remedies from any such person to the fullest extent permitted by law.
Disputes: THESE RULES, AND SUBMISSION OF YOUR VOTE, ARE 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.
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Kathie Lee and Hoda’s Teacher of the Year Contest
Official Rules
October 8, 2013—October 21, 2013
PRELIMINARY INFORMATION: No purchase necessary. A purchase will not improve your chances of winning. Void where prohibited. The Kathie Lee and Hoda’s Teacher of the Year Contest (“Contest”) will begin on October 7, 2013 at 10:00 A.M. ET and end on October 21, 2013 at 11:59 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 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 United States or the District of Columbia (excluding Alaska, Hawaii, Puerto Rico, Guam, the Virgin Islands and other United States territories), and who are eighteen (18) 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 the TODAY show, 30 Rockefeller Plaza, New York, NY 10112, NBCUniversal Media, LLC, 30 Rockefeller Plaza, New York, NY 10112 (collectively, “Sponsors”), RetailMeNot (“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). Teacher (defined below) must meet all eligibility requirements stated above and outlined throughout the Official Rules. Entrants are not eligible to receive either of the First Prizes (defined below) or the Grand prize (defined below). First Prizes and Grand Prizes will only be awarded to the Teacher who is nominated in the Entry selected by relevant judges.
HOW TO ENTER: To enter the Contest, during the Contest Period log on to klgandhoda.com, (the “Website”) 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 (the “Entry”). As part of the Entry, you will also be required to submit a photo (“Photo”) of the K-12 teacher (“Teacher”) you are nominating. The Teacher must currently be teaching at the K-12 level. If possible, the Photo should also include the entrant. As part of the Entry, you will also be required to submit a statement of 200 words or less (“Essay”) on the following theme: “Why this teacher deserves to be teacher of the year” (“Entry”).
Essay must be original (that is written by you) and submitted in the English language. Photo must have been taken by you and you must have permission of any person identified in Photo. Professional Photos and Photos with watermarks or other copyright notices are not eligible. You must submit Photo and Essay (collectively referred to herein as the “Submissions”) online according to the provided instructions. Submissions must be included as part of your Entry to enter and be eligible for Contest. You must have the permission of any person that you identify or otherwise refer to in your Submissions, including the Teacher. 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.Entrants are eligible to receive Second Prize.
Entrants who advance to later rounds of Contest may be asked to submit a video (“Video”) of Teacher, demonstrating why he or she deserves to be Teacher of the Year. You must have the permission of any person that you include or refer to in Video. If any minors appear in Video, the entrant must be that minor’s parent and/or legal guardians. Video 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. 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 Photo, Essay, or Video and to incorporate the Submission 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 21, 2013 at 11:59 P.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 and Round 2.
Round 1: Initial Judging for the First Round Finalists: On or about October 25, 2013, one (1) or more qualified judges selected by Sponsors (“Judges”) will review all eligible Entries received during the Contest Period and select three (3) Teachers (each a “First Round Finalist”) based on the following judging criteria (“Judging Criteria”): (1) the Teacher’s creativity (50%), and (2) the Teacher’s ability to inspire and motivate (50%). Each Finalist will advance to Round 2 (described below), subject to verification of eligibility. 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 Originality to advance to Round 2. In the event a tie remains, an additional tie-breaking judge will judge the tied Entries, using the Judging Criteria, to determine which of the tied Entries will advance to Round 2. Sponsors and Judges are final and binding with respect to all matters related to the Contest. Sponsors reserve the right to pick fewer than three (3) 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 each potential First Round Finalist and entrant who nominated First Round Finalist (“Entrant”) at the phone number and/or email address submitted at the time of entry. Potential First Round Finalists and Entrants may be required to execute and return an affidavit of eligibility, release of liability, acknowledgment by Teacher’s school that Teacher may accept Prizes (defined below), 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 Second Prize (defined below) or Second 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. First Round Finalists and Entrants will be named second prize winners (each a “Second Prize Winner”).
Round 2: Public Voting for Grand Prize Winner: Beginning on or about October 28, 2013, the First Round Finalists’ Entries will be posted on the Website in a randomized manner for public viewing and voting. On or about October 28, 2013 at 10:00 A.M. ET until November 4, 2013 at 11:59 P.M. ET, or on such other dates and at such other times as determined by the Sponsors in their sole discretion (the “Voting Period”), visitors to the Website may vote for his or her favorite First Round Finalist according to voting rules and procedures established by the Sponsors, which will be posted on the Website. One (1) of the Teachers selected as a First Round Finalist will be selected as Grand Prize Winner (“Grand Prize Winner”). Entrants are not eligible to receive Grand Prize. First Round Finalist who receives the most votes during the Voting Period, as determined by Sponsors in their sole discretion, will be the Grand Prize Winner, subject to verification of eligibility and compliance with these Official Rules. In the event of a tie, ties will be broken as described with regards to Finalists. The two (2) remaining First Round Finalists will be named first prize winners (each a “First Prize Winner” and together with Grand Prize Winner and Second Prize Winner will be referred to herein as “Winner” or “Winners”), subject to verification of eligibility and compliance with these Official Rules. The Voting Period, voting rules and procedures and voting methods are subject to change, at the Sponsors’ sole discretion, and any changes will be posted on the Website. Voting is currently limited to one vote per person per day during the 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 the Website. Grand Prize Winner will be required as a condition of continued eligibility to sign an Affidavit of Eligibility, Waiver of Liability, acknowledgment by Teacher’s school that Teacher may accept Prizes (defined below), and, except where prohibited, Publicity Release (collectively, “Contest Documents”) within five days of such notification. Noncompliance within this time period will result in disqualification. If the potential Grand Prize Winner cannot be reached or if he/she is found ineligible, if he/she cannot or does not comply with the foregoing requirements and these Official Rules, if his/her prize or prize notification is returned as undeliverable, or if he/she does not satisfactorily execute all of the Contest Documents, potential Grand Prize Winner will be disqualified and Sponsors will award the Grand Prize (defined below) to the runner-up First Round Finalist. Entrants are not eligible to receive Grand Prize or either of the First Prizes.
SECOND PRIZE: There will be six (6) second prizes awarded (each a “Second Prize”), with one Second Prize awarded to each First Round Finalist and Entrant. Each Prize consists of the following: a trip to the New York/New Jersey metropolitan area (“Trip”); and an opportunity for First Round Finalist and Entrant to appear on-air (“Appearance”) as part of Today’s Teacher of the Year (“Segment”), scheduled between November 7, 2013 and November 12, 3013. Trip will consist of the following elements, each as determined by Sponsors in their sole discretion: accommodations (standard room, single occupancy) for each First Round Finalist and Entrant for one (1) night at a hotel in the New York/New Jersey metropolitan area; round-trip, coach-class airfare for First Round Finalist and Entrant from a major airport near First Round Finalist’s residence and Entrant’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 Entrants must both be available to travel to New York City between November 7, 2013 and November 12, 2013, or on such other date as specified by Sponsors in their sole discretion, or Second Prize will be forfeited by both First Round Finalist and Entrant. 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 Second Prizes shall not be awarded.
Estimated Retail Value (“ERV”) of each Second Prize is seven-hundred dollars ($700). ERV of all Second Prizes combined is four-thousand, two-hundred dollars ($4,200) No retail value is associated with the Appearance or Segment. Actual Retail Value (“ARV”) of Second Prize may vary. Any difference between stated ERV and ARV will not be awarded. Each First Round Finalist and Entrant will receive an Internal Revenue Service Form 1099 from Sponsors for the total ARV of First Prize for the calendar year in which Second Prize was awarded. Trip is subject to space availability, select blackout dates, and other travel restrictions. Trip must be taken within the dates specified by Sponsors, or Second 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. Second Prizes are valid only for travel on an airline chosen by Sponsors in their sole discretion. Second 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 Entrants. 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 and Entrant.
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 entrants 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 Second Prizes. Sponsors will not replace any lost or stolen tickets, travel vouchers, or certificates. Sponsors are not liable for any expenses incurred as a consequence of flight cancellation/delay. Tickets will be issued only to First Round Finalists and entrants. No other travel elements (including without limitation, insurance, gasoline, meals, gratuities, souvenirs, etc.) are included in Second Prizes. First Round Finalists and Entrants are solely responsible for any and all expenses and costs associated with acceptance and/or use of Second 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.
FIRST PRIZE: There will be two (2) first prizes (“First Prize”) awarded. First Prize will be awarded to the two First Round Finalists who are not awarded the Grand Prize. First Prize consists of two thousand, five hundred dollars ($2,500) worth of school supplies for First Prize Winners’ classrooms or schools. School supplies will be selected by Prize Provider at Prize Provider’s sole discretion, and might include art supplies, educational books, notebooks, pencils, pens, calculators, technology products, etc., based on First Prize Winners’ classroom needs. Prize Provider will ship supplies to each First Prize Winner’s classroom or school.
ERV of each First Prize is two-thousand, five hundred dollars ($2,500). ERV of combined First Prizes is five-thousand dollars ($5,000). ARV of First Prizes may vary. Any difference between stated ERV and ARV will not be awarded. First Prize Winners will receive an Internal Revenue Service Form 1099 from Prize Provider for the total ARV of First Prize for the calendar year in which First Prize was awarded.
GRAND PRIZE: There will be one (1) grand prize awarded (“Grand Prize”). Grand Prize consists of ten-thousand dollars ($10,000) worth of school supplies for Grand Prize Winner’s classroom or school. School supplies will be selected by Prize Provider at Prize Provider’s sole discretion, and might include art supplies, educational books, notebooks, pencils, pens, calculators, technology products, etc., based on Grand Prize Winner’s classroom needs. Prize Provider will ship supplies to Grand Prize Winner’s classroom or school.
ERV of Grand Prize is ten thousand dollars ($10,000). 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 from Prize Provider for the total ARV of Grand Prize for the calendar year in which Grand Prize was awarded.
ERV of all Prizes is nineteen thousand, two-hundred dollars ($19,200).
Second Prizes, 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. Prizes will be awarded as is, with no warranty or guarantee, either express or implied by Sponsors. 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 each Prize Winner. Prizes cannot be transferred by Prize Winners (as applicable) or redeemed for cash and are valid only for the items detailed above, with no substitution of Prize by Second Prize, First Prize, or Grand Prize Winners (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, including Prize Provider, 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 Segment is subject to change. Segment is subject to cancellation. Second Prize Winners, First Prize Winners, and Grand Prize Winner acknowledge that accepting any portion of Prizes shall constitute full satisfaction of Sponsors’ Prize obligation to Second Prize Winners, First Prize Winners, and 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 Entrants 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 Entrants 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 Entrants 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 Entrants to complete and execute these documents in a timely manner, as determined by Sponsors in their sole discretion, may cause Second 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 Entrants 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 Second Prizes, First Prizes, and Grand Prize to be forfeited, and remove First Round Finalists and/or Entrants from TODAY at any time, if any behavior of First Round Finalists and/or Entrants 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 Entrants 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). Sponsors reserve the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes.
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 the Winners, available after November 15, 2013, visit klgandhoda.com, or send a self-addressed, stamped envelope to be received by January 15, 2014 Kathie Lee and Hoda’s Teacher of the Year Contest to: 30 Rockefeller plaza NY, NY 10112.