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 of your curly hair (the “Submission”). 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”) 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, assigns, and the Sponsors, and that the reproduction, publishing, displaying, and/or other use of your Submission by NBCU, its licensees, successors, assigns, and the Sponsors, 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 may use and exploit your Submission and Materials in connection with sponsors of the Show (the “Sponsors”), including, without limitation, Dove, and shall have the right to grant Dove and other Sponsors, that right to exhibit and use your Submission and the Materials in connection with their products and services on Dove’s website and otherwise.
By submitting your Submission, you consent to the recording, use, and reuse by NBCU and its licensees, successors, assigns, and the Sponsors, of your Instagram, Facebook or Twitter user name, your actions, likeness, name, appearance, biographical material, and any other identifying information, including without limitation, any information contained in your Submission, or your Instagram, Facebook or Twitter profile, as used, edited, altered, fictionalized, or modified by NBCU, its licensees, successors, assigns, and the Sponsors, in its/their sole discretion, in any and all markets and media, now known or hereafter devised, throughout the world in perpetuity, including, without limitation, in and in connection with NBCU, Sponsor, the Website, 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, 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 and its successors, licensees, 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. Your Submission may not be identifiable. NBCU and its successors, licensees, assigns, and the Sponsors will have the right to make any changes to your Submission as it determines in its/their sole discretion. Your Submission should not contain material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive. Your Submission must be your own original work. You agree that NBCU and its licensees, successors, 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.
You understand that there will be no payment for your submission or the use 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, assigns, and the Sponsor, then please do not participate.
To the extent that the Website’s Terms of Service, located http://www.today.com/static/terms-and-conditions (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 NBCU, and to WAIVE JURY TRIAL and CLASS ACTIONS as more fully set forth in the Website Terms.