Is someone you know in desperate need of a makeover? We want you to nominate your friends and family for a chance to be flown to New York and made over live on TODAY! Read the official Contest rules below:
TODAY and iVillage Ambush Makeover Contest Official Rules
May 20, 2010 – May 28, 2010
PRELIMINARY INFORMATION: NO PURCHASE NECESSARY. A purchase will not improve your chances of winning. Void where prohibited. TODAY and iVillage Ambush Makeover Contest (the “Contest”) will begin on May 20, 2010 at 10a.m. ET and end on May 28, 2010 at 11a.m. ET (“Contest Period”). All times in the Contest refer to Eastern Time (ET”). Contest is subject all applicable federal, state and local laws.
ELIGIBILITY: Open only to permanent, legal U.S. residents who are physically residing in one (1) of the fifty (50) United States or the District of Columbia (excluding Puerto Rico, Guam, the U.S. 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 Sponsor (as defined below) and its 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.
HOW TO ENTER: To enter the Contest, during the Contest Period log on to (the “Website”), click on the Contest icon, and follow the provided instructions to complete and thereafter submit the entry form, which includes your name, home address, telephone number, email address, and date of birth (the “Entry”). As part of the Entry, you will also be required to submit the following items: (a) a statement of one hundred (100) words or less (the “Essay”) on the following theme: “Why I Want My Friend or Family Member to Have A Makeover on TODAY”which should include any relevant facts (e.g., if you have a special event coming up in your life) and (b) one (1) head-to-toe photo of the nominee (the “Photo”). You may not nominate yourself for a makeover. The Essay must be submitted in the English language and should include the applicable clothing sizes for the nominee, including shirt, pants and shoe sizes for men and shirt, pants, shoe and dress sizes for women. You may submit the Photo and Essay (collectively referred to herein as the “Submissions”) online according to the provided instructions on the Website. All Entries become the property of The Today Show (“TODAY” or the “Show”) located at 30 Rockefeller Plaza, New York, NY 10112 and iVillage, Inc., 75 9th Avenue, Floor 7, New York City, NY 10011 (collectively referred to herein as the “Sponsor”), and will not be acknowledged or returned.
You must submit the Submissions as part of your Entry to enter and be eligible for the Contest. No one other than nominee may appear in the Photo. Photo must have been taken within six (6) months of the start of the Contest Period. Other than minor changes to lighting and coloring, the Photo must not have been altered or edited in any manner that distorts the original photograph. Your Essay must be original (that is, written by you), true and verifiable. You must have the permission of any person that you identify or otherwise refer to in your Essay and/or Photo. By entering the Contest, entrants grant Sponsor 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. Entrants warrant that they have the sole and exclusive right to grant such rights to Sponsor and that the Sponsor’s 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 Sponsor’s standards for any reason, as determined by Sponsor in its 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. Sponsor shall have no obligation to copy, publish, display, or otherwise exploit the Submissions.
Entries must be received before May 28, 2010, at 11a.m. ET to be eligible for the Contest. Sponsor’s computer shall be the official timekeeper for all matters related to this Contest. You may enter only 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.
JUDGING: On or about June 2, 2010, a panel of qualified judges selected by Sponsor (“Judges”) will review the eligible Entries received during the Contest Period and select one (1) nominee as the potential winner (“Winner”), based on the following judging criteria (“Judging Criteria”): Necessity of a Makeover (50%), Originality (25%) and Creativity (25%). 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 Necessity of a Makeover as the potential Winner. 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 entrants will be the potential Winner. Decisions of Sponsor and Judges are final and binding with respect to all matters related to the Contest. Winning is subject to verification of eligibility. Potential Winner must be available for travel to New York, New York at any time on June 9, 2010, or on such other date and time as determined by Sponsor in its sole discretion. Sponsor reserves the right not to select a Winner, or to extend the Contest Period if in its sole discretion Sponsor does not receive a sufficient number of eligible and qualified Entries.
Potential Winner will be notified by email and/or telephone and 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/prize notification may result in disqualification and, at Sponsor's discretion, and time permitting, the Prize (as defined below) may be awarded to the runner-up Entry with next highest score based on the Judging Criteria.
PRIZE: There will be one (1) prize awarded (“Prize”) consisting of the following: a trip for the Winner and the entrant who nominated the Winner (“Guest”) to New York, New York (“Trip”) and one (1) makeover for Winner only consisting of a new hairstyle, new make-up and a new outfit for Winner provided by the Show at a location in New York, New York, which shall be designated by Sponsor in its sole discretion. The makeover will take place at times designated by Sponsor in its sole discretion on or about the following day: June 10, 2010, or on such other date as determined by Sponsor in its sole discretion. The Trip includes: 1) round-trip coach class domestic air transportation for Winner and Guest from a major U.S. gateway airport near Winner's residence (as determined by Sponsor in its sole discretion) to a major gateway airport in or near New York City (as determined by Sponsor in its sole discretion); 2) one (1) night hotel accommodations in a New York City metropolitan area hotel (standard room, double occupancy), as determined by Sponsor in its sole discretion; 3) round trip ground transportation between the airport and the hotel, and the hotel and the location of the makeover; and 4) a meal stipend of fifty dollars ($50) (to Winner only) to be awarded as a check made payable to Winner or in such other form as determined by Sponsor in its sole discretion. Estimated Retail Value (“ERV”) of Prize is two thousand dollars ($2000).
All details of Prize will be determined by Sponsor in its sole discretion, including but not limited to Winner’s hair color and style, the color and style of the makeup, the style, color and type of outfit provided to Winner in the makeover and stylists to provide the makeover. Sponsor will furnish an Internal Revenue Service Form 1099 to Winner for the ERV of Prize for the tax year in which Prizes with a total ERV of more than six hundred dollars ($600) were won. Travel arrangements must be made through Sponsor’s agent, on a carrier of Sponsor’s choice. Winner and Guest must have valid travel documents (e.g., valid government issued photo ID and/or passport) prior to departure. Failure to secure the necessary travel documents will result in forfeiture of Prize, and time permitting an alternate Winner may be selected from the runner-up Entry with next highest score based on the Judging Criteria at Sponsor’s sole discretion. Sponsor reserves the right to substitute a similar Prize (or Prize element) of comparable or greater value in its sole discretion. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prize are the sole responsibility of Winner. Prize cannot be transferred by Winner or redeemed for cash and is valid only for the items detailed above, with no substitution of Prize by Winner. If Prize is unclaimed within a reasonable time after notification from Sponsor, as determined by Sponsor in its sole discretion, it will be forfeited, and time permitting, the Prize may be awarded to the runner-up Entry with next highest score based on the Judging Criteria.
Sponsor will determine exact travel dates in its sole discretion. If Winner is unable to travel during the dates specified by Sponsor, Prize will be forfeited and time permitting, Sponsor may, in its sole discretion award the Prize to the runner-up Entry with next highest score based on the Judging Criteria. Sponsor will determine travel and hotel arrangements in its sole discretion. Once determined, no change, extension, or substitution of travel dates and/or times is permitted, except by Sponsor in its sole discretion. Prize consists only of the elements set forth above. Winner and Guest must travel together on the same itinerary. No other travel elements (including, without limitation, ground transportation (except as listed above), insurance, gasoline, meals, gratuities, and souvenirs) are included in Prize. All taxes and fees assessed at the time of ticketing are the responsibility of Winner. Tickets are non-refundable. Reservations are subject to availability. Tickets are not valid for business-related or group travel. Tickets are valid only for travel on airline chosen by Sponsor in its sole discretion. Tickets will be issued only to Winner and Guest. Tickets are void if sold for cash or other consideration. Winner is responsible for any tax liability (including applicable departure taxes or fees, including baggage fees), inspection charges, and security charges. 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. Travel may not be combined with any other offer and may not qualify for frequent flyer miles or hotel points. All travel will be at the risk of Winner and Guest. Sponsor will not replace any lost or stolen tickets, vouchers, or certificates. All elements of Prize must be redeemed at the same time. In the event of an act of God or an unforeseen, uncontrollable event, Sponsor reserves the right to reschedule all travel for a later date.
Sponsor shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of Prize due to reasons beyond Sponsor’s control, and is not responsible or liable for any expenses incurred as a consequence thereof. Winner may be required to execute and return additional documents, which, among other things, will permit the Sponsors to record and/or broadcast Winner’s appearance on TODAY, however, Sponsors are under no obligation whatsoever to do so. Date and/or time of TODAY appearance is subject to change. TODAY appearance is subject to cancellation. No retail value is associated with the on-air appearance of Winner or appearance by celebrity stylists. If TODAY is not in production or the TODAY appearance by Winner and/or the celebrity stylists are cancelled for any reason, or if Winner chooses to take the Trip without a Guest, no substitution, transfer, or cash equivalent of the applicable portion of the Prize will be provided in lieu thereof, no additional compensation will be awarded, and the remaining elements of Prize shall be awarded and shall constitute full satisfaction of Sponsors’ Prize obligation to Winner. Guest, if any, may be required to complete, execute, and return releases of liability and, where legal, publicity releases (collectively, “Guest Documents”), which must be returned with the Contest Documents or Guest portion of the Prize will be forfeited. If a Guest is a minor, Winner, must be such minor’s parent or legal guardian and must sign the Guest Documents on behalf of such Guest.
RECORDING: Sponsor, in its sole discretion, may choose to record the makeover. If Sponsor, in its sole discretion, elects to tape the makeover and/or incorporate the audio and video recording of the makeover (the “Recording”) into the Show or other television shows, the taping and/or the Recording will not be considered an employment opportunity, and neither Winner nor Guest, if Guest participates in such Recording, if any, will be entitled to compensation or credit therefor. Sponsor will determine the nature of the Recording in its 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 Sponsor in its sole discretion. Winner and Guest will be required to return completed and signed appearance releases, confidentiality agreements and such other documents as may be required by Sponsor prior to Winner and/or Guest’s participation in the taping, if any. Failure of Winner and/or Guest to complete and execute these documents in a timely manner, as determined by Sponsor in its sole discretion, may cause the Prize 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 Sponsor in its sole discretion. Winner and Guest will have no right of review, notice, or approval of the content of the Recording or any exhibition or exploitation thereof. Sponsor has the right, in its sole discretion, to disqualify Winner, cause the Prize to be forfeited, and remove such Winner (and/or the Guest) from the taping at any time, if the Winner’s (and/or the Guest’s) behavior is deemed by Sponsor to be disruptive or if it may or does cause damage to person, property, or reputation of Sponsor or if it otherwise violates the policies of Sponsor, or if Winner and/or Guest do not follow the directions of Sponsor 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 or 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 the 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 herein or in the Contest itself, and to be bound by all decisions of the Sponsor, which are binding and final.Failure to comply with these conditions may result in disqualification from the Contest at Sponsor’s sole discretion.
ADDITIONAL TERMS: Sponsor reserves the right to permanently disqualify from any promotion any person it believes 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 Sponsor, who may seek damages to the fullest extent permitted by law. The failure of Sponsor 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 Sponsor (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. Sponsor reserves 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, Sponsor reserves the right to select a Winner from among all eligible, non-suspect Entries received prior to the time of the event warranting such cancellation, modification, or suspension based on the above Judging Criteria. Notice of such cancellation, modification, or suspension will be posted on the Website. Sponsor 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, Sponsor, or Sponsor’s agents or representatives; or behaves in any other disruptive manner (as determined by Sponsor in its 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 of the Winner, which will be available after June 11, 2010, visit www.klgandhoda.com.