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    TODAY’s Ultimate All-Star Contest

    Official Rules

    June 13, 2018 — June 27, 2018

     

    PRELIMINARY INFORMATION: NO PURCHASE NECESSARY. A purchase will not improve your chances of winning. Void where prohibited. TODAY’s Ultimate All-Star Contest (“Contest”) will begin on June 13, 2018 at 10:00 A.M. ET and end on June 27, 2018 at 5:00 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. PRIZE (DEFINED BELOW) DOES NOT INCLUDE ACCOMMODATIONS OR TRANSPORTATION BEYOND THAT SPECIFIED BELOW.

     

    ELIGIBILITY: Open only to permanent, legal United States 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 (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, 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. If selected as the potential Winner (defined below), such potential Winner will be required to consent to a background check and failure to sign such consents and authorizations and/or to furnish all required information may result in disqualification. For purposes of clarity, the Nominee (defined below), not the Nominator (defined below), will be deemed the winner of the Contest. Winner must be able to travel July 15, 2018 through July 17, 2018 (or on such other dates designated by Sponsors and/or Prize Provider), or Prize will be forfeited.

     

    HOW TO ENTER: As part of your Entry (defined below), you (“Nominator”) will be required to submit a video (“Video”) on the following theme: “Tell us about your ultimate all-star! What makes him/her special, and why does he/she deserve to head to the MLB All-Star Game?” (“Theme”). Video must be in a size and an electronic format accepted on Website (to be determined by Sponsors in their sole discretion). Video must not be longer than sixty (60) seconds in length. If Video exceeds sixty (60) seconds in length, only the first sixty (60) seconds will be judged. Video must have been taken by you. If any minors appear in Video, the entrant must be that minor’s parent and/or legal guardian. Professional Videos or Videos with watermarks are not eligible. You must have the permission of any person (e.g., the Nominee) who appears, or is identified or otherwise referred to, in your Video.

    To enter the Contest, during the Contest Period, visit the TODAY Show website located at www.klgandhoda.com (“Website”), and follow the provided instructions to complete and thereafter submit the entry form, which includes your full name, e-mail address, phone number and Video (the “Entry”). 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.

    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 Video (and the related Entries) may be rejected as ineligible for consideration and/or deleted from the Website. Entries must comply with all applicable laws, rules, and regulations. Sponsors shall have no obligation to copy, publish, display, or otherwise exploit the Video.

     

    Sponsors may choose to broadcast on-air and/or display on the Website, a selection of Videos as determined by Sponsors in their sole discretion. By entering the Contest, each entrant agrees to the posting of such entrant’s name and Video on TODAY Show social media pages, including but not limited to Twitter, Instagram, and Facebook.

     

    Entries must be received before June 27, 2018 at 5:00 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 one (1) time during the Contest Period. Multiple entries received from any person or email address beyond this limit will void all such additional entries. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including but not limited to illegible handwriting, 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. 

     

    PRIVACY: Entrants will have the opportunity to receive information from Sponsors and selected partners by checking the appropriate box(es). If, at any time, you no longer wish to receive materials from Sponsors or our partners, please go to our privacy policy, located at https://www.nbcuniversal.com/privacy, or the applicable partner’s privacy policy and follow the procedures indicated.

    JUDGING; WINNER SELECTION AND NOTIFICATION: On or about July 5, 2018, one (1) or more qualified judges selected by Sponsors (“Judges”) will review all eligible Entries received during the Contest Period and select one (1) potential winner (“Winner”) based on the following judging criteria (“Judging Criteria”): Originality (50%) and Creativity (50%). For purposes of clarity, the Nominee will be deemed the winner of the Contest. The selection and review process may occur on a rolling basis as Entries are received. 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. Sponsors reserve the right 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 selected Winner via the Nominator, by contacting the Nominator at the email address or phone number Nominator submitted at the time of Entry. Sponsors may share entrants’ and/or potential Winner’s name and contact information with Contest Entities and/or any prize provider, as applicable, if necessary. Potential Winner may be required  to execute and return an affidavit of eligibility, release of liability, the necessary paperwork for a background check and, except where prohibited, a publicity release (collectively, “Contest Documents”) within two (2) days of such notification. Noncompliance within this time period will result in disqualification. If potential Winner cannot be reached, is found ineligible, cannot or does not comply with the foregoing requirements and these Official Rules, if his/her background check results are unsatisfactory as determined by Sponsors in their sole discretion, or if Prize or prize notification is returned as undeliverable, or does not satisfactorily execute all of the Contest Documents, potential Winner will be disqualified and Sponsors will award the Prize to the runner-up.

     

    PRIZE: There will be one (1) prize (“Prize”) awarded to Winner. Prize will consist of the following: a four (4) day, three (3) night trip for Winner and one (1) guest (“Guest”) to Washington D.C. to attend the MLB All-Star Game and Festivities (“Trip”).

     

    Trip includes: round-trip, economy class air transportation for Winner and one (1) Guest from a major airport near Winner’s residence (as determined by Sponsors in their sole discretion) to a Washington D.C. area airport; three (3) night hotel accommodations (one room, double occupancy, room and tax only) for Winner and one (1) Guest at a Washington D.C. area hotel (as determined by Sponsors in their sole discretion); two (2) tickets for Winner and one (1) Guest to each of the MLB All-Star Game on July 17th, the T-Mobile Home Run Derby on July 16th, All-Star Sunday featuring the SiriusXM All-Star Futures Game and All-Star Legends & Celebrity Softball Game on July 15th, All-Star Red Carpet featuring this year's All-Stars, the MLB All-Star Gala, All-Star Fan Fest on July 13th-17th, PLAY BALL Park on July 13th-17th, and, admittance to All- Star FanFest and Play Ball Park (collectively, the “Event”). Prize is subject to certain terms and conditions, as specified by issuer. Restrictions may apply. PRIZE DOES NOT INCLUDE ACCOMMODATIONS OR TRANSPORTATION BEYOND THAT SPECIFIED ABOVE.

     

    ERV of Prize is three thousand dollars ($3,000.00). Actual Retail Value (“ARV”) of Prize may vary. If Prize includes a Trip, ARV may vary based on, among other things, availability, existing rates at time of booking, dates of travel, and point of departure. Any difference between ERV and ARV will not be awarded. For any Prize with an ARV of six hundred dollars ($600) or greater, Sponsors will furnish an Internal Revenue Service Form 1099 to Winner for the ARV of Prize for the year in which Prize was won.

     

    All details of Prize will be determined by Sponsors in their sole discretion. Sponsors reserve the right to substitute Prize (or portion thereof) with 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. 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. 

     

    Winner must be able to travel July 15, 2018 through July 17, 2018 (or on such other dates designated by Sponsors and/or Prize Provider), or Prize will be forfeited. Travel arrangements must be made through Sponsors’ agent, on a carrier of Sponsors’ choice. Certain travel restrictions and blackout 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 Guest 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. Trip 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 Guest. 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.

     

    Sponsors 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 Sponsors’ control, 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 Winner chooses to attend the Event with no Guest, the remaining elements of Prize shall constitute full satisfaction of Sponsors’ Prize obligation to Winner and no additional compensation will be awarded. Guest, if any, may be required to 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. Guest, if any, will be required to consent to a background check and failure to sign such consents and authorizations and/or to furnish all required information will result in disqualification. If any guest is a minor, Winner must be such minor’s parent or legal guardian and must execute and return the Guest Documents on such minor’s behalf.

     

    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 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 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 Winner 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.

     

    DISPUTESThe 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, available after July 12, 2018, send a self-addressed, stamped envelope to be received by September 12, 2018 to: TODAY’s Ultimate All-Star, TODAY Show, 30 Rockefeller Plaza, New York, NY 10112.