TODAY’s Guac-Off Challenge
April 18, 2018 – April 22, 2018
PRELIMINARY INFORMATION: No purchase necessary. A purchase will not improve your chances of winning. Void where prohibited. TODAY’s Guac-Off Challenge (“Contest”) will begin on April 18, 2018 at 10:00 A.M. ET and end on April 22, 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 all applicable federal, state and local laws.
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, 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 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, 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. Winner (defined below) must be able to travel May 1, 2018 through May 3, 2018 (or on such other dates designated by Sponsors).
HOW TO ENTER: As part of your Entry (as defined below), you will be required to submit an original guacamole recipe (“Recipe”) and a photo of yourself (“Photo”). You will also be required to submit an essay (“Statement”) on the following theme: “why your recipe is special and unique.” Recipe must be original. Recipe, Photo and Statement must have been taken or written by you, and you must have permission of any person who appears or is identified in Recipe, Photo or Statement. If any minors appear in Photo or Statement, the entrant must be that minor’s parent and/or legal guardian. Professional Photos with watermarks are not eligible. All Statements must be written in the English language and should be one hundred (100) words or less.
To enter the Contest, during the Contest Period visit TODAY.com (“Website”) and follow the provided instructions to complete and thereafter submit the entry form, which includes your full name, zip code, telephone number, email address, Recipe, Photo, and Statement (collectively, “Entry”) .
All Entries become the property of Sponsors and will not be acknowledged or returned. You must submit the Recipe, Photos, and Statement (collectively referred to herein as the “Submissions”) 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 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 Sponsors and that the Sponsors' 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 Sponsors’ standards for any reason, as determined by Sponsors in their sole discretion, such Submissions (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 Submissions.
You may enter once during the Contest Period. Multiple entries received from any person or email address beyond this limit will void all such additional entries. Entries must be received before April 22, 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. 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. 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.
SELECTION OF FINALISTS AND WINNERS: There will be two (2) rounds of judging: Round 1: Initial Judging to Determine the Finalists (defined below) and Round 2: Judging to Determine the Winners (defined below). Sponsors reserve the right to pick fewer than the number of stated Finalists (defined below) and/or Winners (defined below) or 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.
Round 1: Initial Judging to Determine the Finalists: On or about April 23, 2018, a panel of qualified judges selected by Sponsors (“Judges”) will review all eligible Entries received during the Contest Period and select up to ten (10) Finalists (“Finalists,” each a “Finalist”) based on the following judging criteria (“Judging Criteria”): Originality (50%) and Creativity (50%). Each Finalist will advance to Round 2: Judging to Determine the Winners, subject to verification of eligibility. 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 as a potential Finalist. Sponsors reserve the right to pick fewer than ten (10) Finalists (or none at all), or 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.
Round 2: Judging to Determine the Winners: On or about April 23, 2018, Sponsors will contact each Finalist and conduct an interview (e.g., on Skype, by phone, or in-person) (“Interview”), after which Judges will select up to three (3) winners (“Winners,” each a “Winner”) based on the Judging Criteria. In the event of a tie, ties will be broken as described with regards to Finalists. Sponsors reserve the right to pick fewer than three (3) Winners (or none at all), or 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.
Winners will be required as a condition of continued eligibility to sign an Affidavit of Eligibility, Waiver of Liability, and, except where prohibited, Publicity Release (collectively, “Contest Documents”) within one (1) day of such notification. Noncompliance within this time period will result in disqualification. If a potential Winner cannot be reached or is found ineligible, if it cannot or does not comply with the foregoing requirements and these Official Rules, or if it does not satisfactorily execute all of the Contest Documents, such potential Finalist will be disqualified and Sponsors will deem the runner-up Finalist a potential Winner.
PRIZE: There will be three (3) (“Prizes”, each a “Prize”) awarded to Winners; one (1) Prize will be awarded to each Winner. Each Prize consists of the following: a trip to New York, NY to appear on the TODAY Show (“Trip”). Trip includes roundtrip coach class airfare for Winner from a major commercial airport near Winner’s home to an airport in or near New York, NY; one (1) night at a hotel to be determined in Sponsors’ sole discretion (“Hotel”); ground transportation to/from airport and Hotel; and the opportunity to appear on the TODAY Show (“Event’).
Estimated Retail Value (“ERV”) of each Prize is two thousand dollars ($2000). Actual Retail Value (“ARV”) of Prize may vary. Any difference between ERV and ARV will not be awarded. 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. 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.
Sponsors will determine all details of Prize 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. If a Prize element is not available for any reason, as determined by Sponsors in their sole discretion, the remaining elements of such Prize shall be awarded and shall constitute full satisfaction of Sponsors’ prize obligation to such Winner and no additional compensation will be awarded. 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 a 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, alternate Winners (as applicable) may be selected from the remaining eligible entries at Sponsors’ sole discretion.
Winner must be able to travel May 1, 2018 through May 3, 2018 (or on such other dates designated by Sponsors). The Trip 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 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 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. 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.
RECORDING: Sponsors, in their sole discretion, may choose to record and/or broadcast the appearance (“Appearance”) and/or Submissions of all Finalists on the TODAY Show (“TODAY”). If Sponsors, in their sole discretion, elect to incorporate any such Submissions, audio and/or video recordings (collectively, the “Recordings”) into TODAY or other television shows, the taping and/or the Recordings will not be considered an employment opportunity, and Finalists will not be entitled to compensation or credit thereof. Sponsors will determine the nature of the Recordings in their sole discretion. If the Recordings are broadcast, such broadcast will be at a time, for a length of time, and on a date determined by Sponsors in its sole discretion. 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/or Winner and participation in the segment or rehearsal, if any. Failure of Finalists to complete and execute these documents in a timely manner, as determined by Sponsors in their sole discretion, may cause Appearance 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. Finalists will not have a right of review, notice, or approval of the content of the Recordings or any exhibition or exploitation thereof. Sponsors have the right to, in their sole discretion, disqualify Finalists, cause Prize to be forfeited, and remove Finalists from TODAY at any time, if any behavior of Finalist 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 Finalist does 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 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 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 May 4, 2018 visit TODAY.com, or send a self-addressed, stamped envelope to be received by July 4, 2018 to: TODAY’s Guac-Off Challenge.