Terms of Submission
NBCUniversal Media, LLC (“NBCU”) located at 30 Rockefeller Plaza, New York, NY 10112, invites you to join in on the fun with The TODAY Show (the “Show”) by giving you the opportunity to submit your own photo for the TODAY Celebrates program (the “Submission”) on www.today.com or via social media with a prompt from the TODAY Orange Room. Your Submission should be original and not infringe on any third party rights, including without limitation, copyright, trademark, or patent, or create claims for idea misappropriation or breach of contract. You must have the permission of any person who appears in your Submission or who you identify or otherwise refer to in your Submission. In order to participate, you must be at least eighteen (18) years old.
By submitting your Submission, you agree that your Submission may be broadcast on-air, on the Show’s website located at www.today.com (the “Website”), on the Show’s social media feeds, and in advertising for the Show on-air and off-air and on the Website (together, the “Materials”), and you grant NBCU, its licensees, successors and assigns the non-exclusive, royalty-free, and irrevocable rights to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit your Submission and to incorporate your Submission in the Materials and any other works in any and all markets and media now known or hereafter devised, throughout the world in perpetuity, without additional notification, permission, approval, or compensation. You warrant that you have the sole and exclusive right to grant such rights to NBCU, its licensees, successors and assigns and that the reproduction, publishing, displaying, and/or other use of your Submission by NBCU, its licensees, successors and assigns will not infringe on any rights of third parties, including, without limitation, copyright, trademark, patent, privacy, or publicity, or create claims for defamation, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract.
You further agree that NBCU, its licensees, successors and assigns may use and exploit your Submission and Submission Materials in connection with sponsors of the Show (the “Sponsors”), including, without limitation, The J.M. Smucker Company, and shall have the right to grant The J.M. Smucker Company and other Sponsors that right to exhibit and use your Submission and the Materials in connection with their products and services on the Sponsors’ website and otherwise.
By submitting your Submission, you consent to the recording, airing, use and reuse by NBCU, its licensees, successors and assigns, and the Sponsors, of your Facebook, Twitter, Instagram, and Vine user names, your and/or your child’s voice, actions, likeness, name, appearance, profile photograph, performance, biographical material, and any other identifying information, including, without limitation, any information contained in your Submission or Facebook, Twitter, Instagram, and Vine profiles, as used, edited, altered, fictionalized or modified by NBCU, its licensees, successors and assigns, and the Sponsors, in its/their sole discretion, in any and all media now known or hereafter devised, throughout the world, in perpetuity, including, without limitation, in and in connection with NBCU, Sponsors, or related sites or services, in and in connection with any television programs and other productions, and in and in connection with advertising, promotion and publicity for NBCU and for the Sponsors.You acknowledge and agree that NBCU, its licensees, successors and assigns, and the Sponsors will be entitled to retain any and all revenue generated from any sales, licenses, assignments and other transfers of the rights granted by you hereunder, as well as any and all revenue generated by the display of any advertising, publicity, promotional materials or distribution rights in connection with your Submission or the Materials. Nothing in these Terms of Submission obligates or may be deemed to obligate NBCU or any other person or entity to exercise any of the rights granted by you under these Terms of Submission. NBCU, its successors, licensees and assigns, and the Sponsors will have the unlimited right to assign these Terms of Submission and the rights granted by you under these Terms of Submission at any time, in whole or in part, to any party. You agree that NBCU, its licensees, successors and/or assigns, and the Sponsors shall have no obligation to give you credit for your Submission, but in their sole discretion may elect to do so.Your Submission will not be acknowledged or returned. You acknowledge and agree that you are sending your Submission voluntarily, and not in confidence, and that no confidential relationship is intended or created between NBCU and/or any other person or entity, on the one hand, and you, on the other hand, by your submission of your Submission.
You understand that there will be no payment for your submission of your Submission. You understand that no industry custom or practice applies to your agreement that you will not be paid for your Submission. You understand that if your Submission is selected for use, such use will not be considered an employment opportunity. If you do not want your Submission to be used and broadcast by NBCU, its licensees, successors and assigns, and the Sponsors, then please do not participate.
Neither NBCU nor any other party shall have any obligation to copy, publish, display, or otherwise exploit the Materials or your Submission. Your Submission may not be identifiable. NBCU, its licensees, successors and assigns, and the Sponsors will have the right to make any changes to your Submission as any of them determine in their sole discretion. Your Submission should not contain material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive. You must have the permission of any person that you identify or otherwise refer to in your Submission. Your Submission must be your own original work.
To the extent that the Website’s Terms of Service, located at http://www.nbc.com/privacy-policy/terms-of-service/ (the “Website Terms”), are not in conflict with these Terms of Submission, the Website Terms apply. These Terms of Submission shall be subject to and governed by the laws of the State of New York, excluding its conflicts of law rules. You agree to ARBITRATE ANY DISPUTES WITH US and to WAIVE JURY TRIAL and CLASS ACTIONS as more fully set forth in the Website Terms.