The 1D Fan Face-Off
Official Rules
September 1, 2014—September 2, 2014
PRELIMINARY INFORMATION: No purchase necessary. A purchase will not improve your chances of winning. Void where prohibited. The 1D Fan Face-Off (“Contest”) will begin on September 1, 2014 at 8:30 A.M. ET and end on September 2, 2014 at 2:30 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 to all applicable federal, state and local laws. If you are a minor, you must have the permission of your parent or legal guardian to submit your Entry (as defined below).
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 thirteen (13) 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 each of their respective 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 and NBCUniversal Media, LLC, both located at 30 Rockefeller Plaza, New York, NY 10112 (collectively, “Sponsors”), and each of 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).
TO ENTER: If you are a minor, you must have the permission of your parent or legal guardian to submit your Entry (as defined below). To enter the Contest, during the Contest period use your personal Instagram account to follow TODAY show’s Instagram account @TODAYshow and upload a video (“Video”) on the following theme: “Why I am One Direction’s biggest/best fan ever” to Instagram with the hashtag “#1DTODAYContest” (the “Entry”). Entry must include “#1DTODAYContest” or Entry will not be valid. Video must be no longer than fifteen (15) seconds in length and must be submitted in the English language. If Video exceeds fifteen (15) seconds in length, only the first fifteen (15) seconds will be judged. Video must have been taken by you and you must have permission of any person (or the permission of the parent or guardian of any minor) identified in Video. Professional Videos and Videos with watermarks are not eligible. If your Instagram account is set to the “Posts are Private” setting and Sponsors cannot access your Video, your Entry may be disqualified and rejected as ineligible for consideration in the Contest. If you choose to submit an Entry via your web-enabled mobile device, data rates may apply. See your wireless service provider for details on rates and capabilities.
All Entries become the property of Sponsors and will not be acknowledged or returned. You must submit the Video as part of your Entry 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 Video and to incorporate the Video 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 Video 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 Video contains material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive or if any Videos do not comply with these Official Rules or meet Sponsors’ standards for any reason, as determined by Sponsors in their sole discretion, such Videos (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 Videos.
Limit one (1) Entry per person during the Contest Period. Entries must be received before September 2, 2014 at 2:30 P.M. ET to be eligible for the Contest. Sponsors’ computer shall be the official timekeeper for all matters related to this Contest. 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 Instagram account used to enter will be deemed to be the entrant. "Authorized account holder" of an Instagram account is defined as the person who is assigned to an Instagram account by the Instagram website. Entry constitutes permission (except where prohibited by law) to use entrant’s name, Instagram user 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 FINALISTS AND GRAND PRIZE WINNERS: There will be four (4) rounds of judging during the Contest which will be conducted as follows:
Round 1: Initial Judging to Determine the First Round Finalists: A panel of qualified judges selected by Sponsors (“Judges”) will review the eligible Entries received during the Contest Period and select four (4) potential first round finalists (“First Round Finalist” or “First Round Finalists”) on or about September 6, 2014 based on the following judging criteria (“Judging Criteria”): Originality (50%) and Creativity (50%) (“Round 1”). 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 Originality as the potential First Round Finalist. 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 the potential First Round Finalist. 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. Sponsors reserve the right to pick fewer than four (4) First Round Finalists, or to extend the Contest Period if in their sole discretion, Sponsors do not receive a sufficient number of eligible and qualified entries. Potential First Round Finalists will be notified by sending a direct message with contact instructions to potential First Round Finalist’s Instagram account. Potential First Round Finalists must be available to travel to New York, New York on or about September 8, 2014 through September 12, 2014 to appear on-air (“Appearance”) on the Today Show, dates to be determined in Sponsor’s sole discretion. If potential First Round Finalist is a minor, First Round Finalist must be accompanied by a parent or legal guardian. PotentialFirst Round Finalist (or, if potential First Round Finalist is a minor in his or her state of residence, his/her parent or legal guardian) 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 Contest Documents 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.
Round 2: On-Air Trivia with First Round Finalists: Following Round 1, and on or about September 9, 2014, the four (4) First Round Finalists selected by the Judgeswill compete to be the first to correctly answer One Direction-themed trivia questions (“Round 2”). The format and type of trivia questions will be determined in the Sponsor’s sole discretion and are subject to change. The three (3) First Round Finalists to win the trivia competition in Round 2 will move on to Round 3 (defined below) as the second round finalists (“Second Round Finalists”).
Round 3: On-Air Trivia with Second Round Finalists: Following Round 2, andon or about September 10, 2014, the three (3) Second Round Finalists will compete to be the first to correctly answer One Direction-themed trivia questions (“Round 3”). The format and type of trivia questions will be determined in the Sponsor’s sole discretion and are subject to change. The two (2) Second Round Finalists to win the trivia competition in Round 3 will move on to Round 4 (defined below) as the third round finalists (“Third Round Finalists”).
Round 4: On-Air Trivia with Third Round Finalists: Following Round 3, and on or about September 12, 2014, the two (2) Third Round Finalists will compete to answer a One Direction-themed trivia question (“Round 4”).The format and type of trivia question will be determined in the Sponsor’s sole discretion and are subject to change. The one (1) Third Round Finalist to win the trivia competition in Round 4 will be named the grand prize winner (“Grand Prize Winner”).
FIRST PRIZE: There will be up to three (3) first prizes (“First Prize” or “First Prizes”) awarded with one (1) First Prize to each First Round Finalist, Second Round Finalist, and Third Round Finalist (collectively, “Finalist Winner”) who is not named a Grand Prize Winner. Each First Prize will consist of the following: three (3) tickets forFinalist Winner and up to two (2) guests (each a “First Prize Guest”) to an event (“Event”) to be determined in Sponsor’s sole discretion. If Finalist Winner is a minor, at least one (1) First Prize Guest must be Finalist Winner’s parent or legal guardian.
Estimated Retail Value (“ERV”) of each First Prize is three hundred and seventy-five dollars ($375). ERV of all First Prizes is seven hundred and fifty dollars ($750).
GRAND PRIZE: There will be one (1) grand prize (“Grand Prize”) awarded with one (1) First Prize to each Grand Prize Winner. Grand Prize will consist of the following: Round trip economy class airfare for Grand Prize Winner and up to two (2) guests (each a “Grand Prize Guest”) from a major metropolitan airport nearest Grand Prize Winner’s residence in the U.S. (as determined by Sponsor) to a destination (“Destination”) to be determined in Sponsor’s sole discretion; hotel accommodations for three (3) nights (standard room/double occupancy) for Winner and Guests at a hotel selected by Sponsors in their sole discretion (“Hotel”). If Grand Prize Winner is a minor, at least one (1) Grand Prize Guest must be Grand Prize Winner’s parent or legal guardian.
Estimated Retail Value (“ERV”) of Grand Prize is one thousand two hundred dollars ($1200).
First Prizes and Grand Prize will collectively be referred to as “Prize” or “Prizes.”
First Prize Winners and Grand Prize Winner will collectively be referred to as “Winners”.
First Prize Guest and Grand Prize Guest will collectively be referred to as “Guests”.
All details of Prizes will be determined by Sponsors 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 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. Actual Retail Value (“ARV”) of Prize may vary. Any difference between ERV and ARV will not be awarded. Sponsors will furnish an Internal Revenue Service Form 1099 to Winner for the ARV of Prize for the tax year in which Prize was won (for prizes worth more than six hundred dollars ($600). If 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 at Sponsors’ sole discretion. If Prize is won by minor, Prize will be awarded in the name of such minor’s parent or legal guardian.
First Prize Winners must be able to travel September 8, 2014 through September 12, 2014 (or on such other dates designated by Sponsors), or the Prize will be forfeited. Grand Prize Winner must be able to travel November 16, 2014 through November 19, 2014 (or on such other dates designated by Sponsors), or the Prize will be forfeited.
The Destination awarded to the Winner must be taken within dates provided by the Sponsors or the Prize will be forfeited. Travel arrangements must be made through Sponsors’ agent, on a carrier of Sponsors’ choice. Certain travel restrictions and black out dates may apply. Sponsors have the right in their sole discretion to substitute ground transportation for air transportation depending on Winner’s place of residence. Winner and Guests must travel together on the same itinerary, including the same departure date, destination and return date, and must have valid travel documents (e.g., valid government issued photo ID and/or passport) prior to departure, and failure to do so will result in forfeiture of Prize. Sponsors will not replace any lost or stolen tickets, travel vouchers or certificates. Once travel commences, no unscheduled stopovers are 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. Destination may not be combined with any other offer and travel may not qualify for frequent flyer miles. All travel and lodging will be at the risk of Winner and Guests. Winner is solely responsible for all expenses and costs associated with acceptance and/or use of Prize not specifically stated herein as being awarded, including, without limitation any and all taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prize, travel insurance, ground transportation (other than as described above), security and airport fees, taxes, insurance, gasoline, meals, gratuities, and souvenirs. 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. Prize cannot be transferred or substituted by Winner or redeemed for cash and is valid only for the items detailed above, with no substitution of Prize by Winner. Sponsors reserve the right to substitute a similar prize (or prize element) of comparable or greater value. If 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 at Sponsors’ sole discretion.
Sponsors shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of Prize, and are not responsible or liable for any expenses incurred as a consequence thereof. Date and/or time of Event is subject to change. Event is subject to cancellation. If Winners choose to attend the Event or Destination with fewer than two (2) Guests, the remaining elements of Prize shall constitute full satisfaction of Sponsors’ Prize obligation to Winners and no additional compensation will be awarded. Guests if any, may be required to execute and return releases of liability and, except where prohibited, publicity releases (collectively, “Guest Documents”), which must be returned with the Contest Documents, or Guest portion of the Prize will be forfeited. If any Guest is a minor, minor Guest’s parent or legal guardian must execute and return the Guest Documents on such minor’s behalf.
RECORDING: Sponsors, in their sole discretion, may choose to record and/or broadcast the Appearance of all First Round Finalists 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 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 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 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 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, and cause Second Prizes, First Prizes, and Grand Prize to be forfeited, and remove First Round Finalists from TODAY at any time, if any behavior of First Round Finalists 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 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, Instagram, and each of 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 www.TODAY.com (“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 in a random drawing from among all eligible, non-suspect entries received prior to the time of the event warranting such cancellation, modification, or suspension. 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 rules for clarification purposes without materially affecting the terms and conditions of the Contest.
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 September 19, 2014, visit www.TODAY.com, or send a self-addressed, stamped envelope to be received by October 24, 2014 to: TODAY’s The 1D Fan Face-Off, NBCUniversal Media, LLC, 30 Rockefeller Plaza, New York, NY 10112, Attn: Brittany Haviland
This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram. Entrants are providing information to Sponsors and not to Instagram.