Make the Future
March 12, 2015—March 24, 2015
PRELIMINARY INFORMATION: No purchase necessary. A purchase will not improve your chances of winning. Void where prohibited. The Make the Future (“Contest”) will begin on March 12, 2015 at 8:30:00 A.M. E.T. and end on March 24, 2015 at 2:00 P.M. E.T. (“Contest Period”). All times in the Contest refer to Eastern Time (“E.T.”). Odds of winning depend upon the number of eligible Entries (defined below) received. 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 forty-eight (48) continental United States (“U.S.”) or the District of Columbia (excluding Alaska, Hawaii, Puerto Rico, Guam, the U.S. Virgin Islands and other U.S. territories), who are eighteen (18) years of age or older, or the age of majority in their state (whichever is greater), and who are the parent/legal guardian of a child under the age of eighteen (18), 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 NBCUniversal Media, LLC, 30 Rockefeller Plaza, New York, NY 10021, The Today Show, 30 Rockefeller Plaza, New York, NY 10021 (collectively “Sponsors”), Shell Oil Company, 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.
HOW TO ENTER: As part of your Entry, you will be required to submit a photo (“Photo”) and an essay (“Statement”) on the following theme: what your child under the age of eighteen (18) (“Nominee”) is doing in the world of S.T.E.M (science, technology, engineering and math) to make the world a better place (“Theme”). Statement must be in English. Photo must be submitted in .jpeg/.jpg; .gif, .png, or .bmp format.
You may enter the Contest through one (1) of the following ways:
1.Online: To enter the Contest, during the Contest Period, visit www.TODAY.com/Tech (the “Website”) and click on the contest icon and submit your name, age, phone number, email address, the Nominee’s name and Nominee’s age, the Statement and the Photo (“Online Entry”). Essay must be five hundred (500) characters or less.
2.Facebook: During the Contest Period, visit the TODAY Facebook page located at https://www.facebook.com/today (the “Page”). You will be required to submit on the Page’s post that will be posted on March 12, 2015 at or about 8:30 AM (the “Post”) your Photo and Statement of five hundred (500) characters or less on the Theme (the “Facebook Entry”). The Facebook Entry must be submitted via a “Comment” on the Page or the Post. If you choose to submit a Facebook Entry via your web-enabled mobile device, data rates may apply. See your wireless service provider for details on rates and capabilities
Online Entry, Twitter Entry, Facebook Entry will be referred to herein as “Entry” or “Entries”.
Entries must be received before March 24, 2015 at 2:00 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 once 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. 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.
All Entries become the property of Sponsors and will not be acknowledged or returned. You must be the parent/legal guardian of the child described in your Essay and Photo (collectively “Submission”). You must submit the Photo and Essay 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 Photo and to incorporate the Photo 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 Photo 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 Photo contains material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive or if any Photos do not comply with these Official Rules or meet Sponsors’ standards for any reason, as determined by Sponsors in their sole discretion, such Photos (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 Photos.
Entrants grant Contest Entities a perpetual, and irrevocable, worldwide, fully paid-up, royalty-free license to incorporate the Submission and materials relating to their Submission (including without limitation photos, drawings, designs, footage, models, prototypes, promotional or marketing material provided and/or created by you) into any footage and materials, advertisements, and to exploit the footage and materials, advertisements in perpetuity in all media now known or hereafter devised.
Each entrants understands and acknowledges that: (i) proprietary rights in and to inventions, discoveries, concepts and ideas are governed by the patent, trademark, copyright, other intellectual property and other applicable laws of the United States and other countries and by the trade secret, trademark and other intellectual property and other applicable laws of various states; (ii) disclosure of the Submission (or any other invention, idea, design business model, proposal, or material that they may disclose) as part of my participation in the Contest may adversely affect my ability to secure and maintain proprietary rights under the patent, trademark, trade secret, copyright, other intellectual property and other applicable laws of the United States, other countries and various states; (iii) countries outside the United States require absolute novelty in order to obtain patent protection, and that public disclosure of the Submission, including presentation as part of the Contest, will prohibit patent and other legal protection in countries that require such novelty unless protection has been procured before the disclosure; (iv) it is my sole responsibility to evaluate all potential adverse consequences of my participation in the Contest and to obtain such legal advice and consultation as necessary in connection with all such potential adverse consequences, as well as all other matters relating to my participation in the Contest, including, without limitation, patent, trademark, trade secret, copyright, other intellectual property and other laws and my legal rights related to my participation in the Contest and any invention, idea, design, business model, proposal, or material that each entrant discusses or relates in connection with my participation in the Contest; and (v) no evaluation, determination, legal advice or counseling for my benefit or on my behalf with the respect to my participation in the Contest or the application of such laws, to the Submission, or otherwise, is or will be offered, made, or given by Sponsors, or any of their agents, representatives, employees, independent contractors or anyone else on their behalf.
Each entrant understands and acknowledges that Sponsors make no representation or warranty, either express or implied, and that Sponsors hereby expressly disclaim any representation and warranty, express or implied, with respect to my participation in the Contest or the Submission, including, without limitation, the novelty, uniqueness, utility or patentability of the Submission, and each entrant agrees that no such representation or warranty shall be implied as a result of the fact that each entrant is being considered by Sponsors as a possible participant in a potential television program or as the result of my participation in the potential television program if selected.
Each entrant understands and acknowledges that the preparation, filing, prosecution and maintenance of patent applications (and all patents issuing as a result thereof) with respect to the Submission or any other composition, device, process, or invention are their sole responsibility. Each entrant further understands and acknowledges that Sponsors assume, and each of them hereby expressly disclaims, any responsibility, obligation or liability whatsoever with respect to the preparation, filing, prosecution and/or maintenance of any patent application (and all patents issuing as a result thereof) with respect to the Submission or any other composition, device, process, or invention.
Each entrant covenant and agrees that they will not, either directly or indirectly, initiate, assign, maintain or prosecute, or in any way knowingly aid or assist in the initiation, maintenance or prosecution of, any claim, demand or cause of action at law or otherwise, against Contest Entities for infringement of any patent that is included in the Submission or claims priority to any patent or patent application listed in the Submission, or that coversing a product, or technology or Submission that is disclosed in the course of their participation in the Contest and that each entrant owns or on which they are listed as an inventor. Each entrant agrees that this covenant not to sue shall extend to Contest Entities’ suppliers, developers, partners, resellers, distributors, wholesalers, agents, end-users, and customers (“Users”), but only to the extent that such Users’ activities relate to the products or services of, or provided by, Contest Entities. Each entrant agrees that this covenant will run with title to any patents and will bind any person or entity to whom rights in the patents are assigned or otherwise transferred or conveyed.
Each entrant represents and warrants they have had an opportunity to fully discuss the potential adverse consequences associated with their participation in and the disclosure of their Submission in and in connection with the Contest, as well as the patent, trademark, trade secret, copyright, other intellectual property and other applicable laws, and any other matter with my own independent legal counsel, and that they knowingly and voluntarily accept any and all risks with respect thereto. Each entrant fully understands that if they have any questions or concerns at any time, they shall discuss them with their own independent legal counsel. Each entrant recognizes that this Contest is in no way intended to be a substitute for the explanations and advice that have been provided by their own independent legal counsel.
Without limiting the foregoing, each entrant covenants and agrees that they will not, either directly or indirectly, initiate, assign, maintain or prosecute, or in any way knowingly aid or assist in the initiation, maintenance or prosecution of, any claim, demand or cause of action at law or otherwise, against Contest Entities for infringement of any patent (“Patents”) covering a product or technology they disclose in the course of my participation in the Contest. Each entrant agrees that this covenant not to sue shall extend to Contest Entities’ suppliers, developers, partners, resellers, distributors, wholesalers, agents, end-users, and customers (“Users”), but only to the extent that such Users’ activities relate to the products or services of, or provided by, NBCU. Each entrant agrees that this covenant will run with title to the Patents and will bind any person or entity to whom rights in the Patents are assigned or otherwise transferred or conveyed.
EACH ENTRANT AGREES THEY HAVE ALSO HAD AN OPPORTUNITY TO REVIEW IT WITH AN ATTORNEY OF MY CHOICE SHOULD THEY ELECT TO DO SO.
JUDGING: A panel of qualified judges selected by Sponsors (“Judges”) will review the eligible Entries received during the Contest Period and select a Nominee as a potential winner (“Winner”) on or about March 30, 2015 based on the following judging criteria (“Judging Criteria”): Originality (50%) and Creativity (50%). 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 Winner. 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 Winner. 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. Potential Winner will be notified by email. Potential Winner (or, if potential winner 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 seven (7) 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 Sponsors' discretion, and time permitting, an alternate potential Winner may be selected from among all eligible remaining entries based on the Judging Criteria.
PRIZE: There will be one (1) prize awarded (“Prize”) to the Winner. The Prize will consist of the following: a trip for Winner and one (1) guest (“Guest”) to New York City, NY (“Trip”). Trip includes roundtrip airfare for Winner and Guest from a major commercial airport nearest Winner’s residence to a major commercial airport in the NYC vicinity (at Sponsors sole discretion); roundtrip travel to/from NYC airport and hotel; hotel accommodations for two (2) nights in a single room/double occupancy (at Sponsor’s sole discretion); and the opportunity to appear on a segment of The Today Show (“Segment”).
Estimated Retail Value (“ERV”) of each Prize is seven thousand dollars ($7,000). 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.
Entrants will not receive any Prize.
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. 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 April 9, 2015 through April 11, 2015 (or on such other dates designated by 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 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. Hotel arrangements will be determined by Sponsors in their sole discretion. Sponsors shall have no responsibility or liability for cancellations and/or delays or any change by the air carrier(s), lodging facilities, or other company or any other persons providing any of the Prize elements for the Winner and Guest due to reasons beyond Sponsors’ control.
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 or fees associated with the acceptance and/or use of Prize, travel insurance, ground transportation (other than as described above), security and airport fees, 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.
Winner must travel to New York with a Guest who is their parent or legal guardian. Guest, 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 Sweepstakes Documents, or Guest portion of the Prize will be forfeited. 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.
RECORDING: Sponsors, in their sole discretion, may choose to record and/or broadcast the Segment. If Sponsors, in their sole discretion, elect to incorporate any such audio and/or video recording (the “Recording”) into The Today Show (“Show”) or other television shows, the taping and/or the Recording will not be considered an employment opportunity, and Winner 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. Winner 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 Segment on the Show and participation in the Segment or rehearsal, if any. Failure of Winner to complete and execute these documents in a timely manner, as determined by Sponsors in their sole discretion, may cause 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 Sponsors in their sole discretion. Winner 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 Winner, cause Prize to be forfeited, and remove Winner from the Show at any time, if any behavior of Winner 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 Winner 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.
IDEA MISAPPROPRIATION WAIVER: By entering the Contest and submitting an Entry, entrants agree to and acknowledge the following: You understand that although you may believe your Entry to be unique and novel, there may be preexisting ideas, concepts, or proposals that are similar to your Entry. You recognize that other persons, including NBCUniversal Media LLC’s (“NBC”) own employees, may have submitted to NBC or others, or made public, or may in the future originate and submit or make public, similar or identical ideas, concepts, or proposals that NBC may have the right to use, and you understand that you will not be entitled to any compensation because of NBC’s use of such similar or identical ideas, concepts, or proposals in any manner. You understand and agree that NBC’s use of material containing features or elements similar or identical to those contained in your Submission will not obligate NBC to negotiate with you or entitle you to any compensation if NBC determines that it has an independent legal right to use that other material for any reason (for example, because the features or elements are not new or novel, were not originated by you, or were or may hereafter be independently created and submitted by other persons, including NBC employees).
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, Shell Oil Company, 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 name of the winner, available after April 6, 2015, visit TODAY.com, or send a self-addressed, stamped envelope to be received by May 5, 2015 to: Make the Future Contest, NBCUniversal, 30 Rockefeller Plaza, New York NY 10112.