Official Rules: Mothers Day Makeover 2010

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    NEWSLETTERS

    2010 Mother’s Day Makeover Contest Official Rules - March 25th, 2010

    PRELIMINARY INFORMATION: No purchase necessary. Void outside the WMAQ terrestrial geographic viewing area and where prohibited. The 2010 Mother’s Day Makeover Contest (the “Contest”) begins on Thursday, March 25th, 2010Saturday April 24th at 9:00am CT and ends Saturday April 24th on 5:00pm CT (“Contest Period”). [NOTE: THE END DATE SHOULD BE THE DATE WE STOP ACCEPTING ENTRIES. PLEASE CONFIRM] All times in the Contest refer to Central Time (“CT”).

    TO ENTER: To enter:

    1. Prepare an entry (“Entry”) which includes: (a); an original essay (“Essay”) of one thousand (1,000) words or less on the following theme: “Why Does Your Mother, Or Another Mother You Know, Deserve To Get A Makeover”; and (b) one (1) photo (“Photo”) of the mother you wish to nominate to get a makeover. The nominee must meet all of the eligibility requirements in these Official Rules. [NOTE: this means that the eligibility paragraph below also applies to the nominees] The Essay should include your name, address, telephone number, email address, and date of birth. 2. Mail your Entry to NBC5, Attn: Weekend Morning Show Producer, 454 N. Columbus Dr., Chicago, IL 60611.

    You may not nominate yourself to receive a makeover. You must have the permission of any person that you nominate for a makeover and such person must meet the eligibility requirements of the Contest as outlined below. The Essay must be original (that is written by you), written in the English language, and must include the nominated mother’s name, address, telephone number and email address (if any). Photo must have been taken within one (1) year of the start of the Contest Period. Other than minor changes to lighting and coloring, Photo must not have been altered or edited in any manner that distorts the original photograph. You must have the permission of all persons appearing in your Photo for you to submit your Photo. The Photo and the Essay may be referred to herein as “Submissions.”

    By entering the Contest entrant grants 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 them 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 false light, defamation, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract. Any Entries containing material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive or that does not meet Sponsors’ standards for any reason, as determined by Sponsors in their sole discretion, may be rejected as ineligible for consideration. Entries must comply with all applicable laws, rules, and regulations. Entrant also warrants that he/she has obtained written permission when photographing on private property not owned or controlled by entrant, where such permission is required. Upon request, you must provide Sponsors with signed releases from the person(s) appearing in the Photo and/or the owners of any private property where you photographed. If any person appearing in the Photo is a minor, Entrant warrants that he/she has obtained written permission from such minor’s parent or legal guardian to include such minor in the photo. Upon request, entrant must provide Sponsors with signed releases from the parents or legal guardians of all such minors. Sponsors shall have no obligation to copy, publish, display, or otherwise exploit the Submissions.

    All Entries become the property of WMAQ, 454 N. Columbus Drive, Chicago, IL 60611 and NBC Universal, Inc., 30 Rockefeller Plaza, New York, NY 10112, (collectively, “Sponsors”), and will not be acknowledged or returned. Entries must be postmarked before Saturday, April 24thto be eligible for the Contest. You may enter only once during the Contest Period. Multiple entries received from any person beyond this limit will void all such additional entries. Entries generated by any automated means will be disqualified. Entries that are incomplete, illegible, corrupted, or unintelligible for any reason 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 without additional compensation.

    ELIGIBILITY: Open only to permanent, legal U.S. residents who are physically located in the WMAQ terrestrial geographic viewing area in the counties of Cook, DuPage, Will, DeKalb, Grundy, Kane, Kankakee, Kendall, Lake, LaSalle, and McHenry in the state of Illinois; and Jasper, Lake, LaPorte, Newton, and Porter in the state of Indiana; who are twenty-one (21) years of age or older as of the start of the Contest Period. Officers, directors, and employees of Contest Entities, members of these persons’ immediate families (spouses and/or parents, children, and siblings, and their spouses, regardless of where they reside), and/or persons living in the same households as these persons (whether or not related thereto) are not eligible to enter or win the Contest. Contest Entities, as referenced herein, shall include Sponsors, Salon Buzz, and Seasons Restaurant at The Four Seasons Hotel Chicago and 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 SELECTION AND NOTIFICATION: On or about April 26th, five (5) potential semi-finalists will be selected by a panel of qualified judges designated by Sponsors in their sole discretion based on the following criteria: a) strength of argument 50%, (b) creativity 20%, and (c) originality 30%. [NOTE: PLEASE CONFIRM THAT THESE JUDGING CRITERIA ARE OKAY] Sponsors reserve the right to select fewer than five (5) semi-finalists or no semi-finalists and/or to extend the Contest Period or cancel the Contest, if an insufficient number of eligible, complete, tasteful, appropriate, or generally qualified entries are received. All potential semi-finalists shall be selected subject to verification of eligibility and compliance with the terms of these Official Rules. The Entries of all semi-finalists will be posted to the designated section of www.nbcchicago.com (the “Website”) and three (3) potential winners will be chosen from among the five (5) semi-finalists as determined by online voting (as described below). The potential winners will be the nominees not entrants (the nominators), and such nominees must satisfy all applicable eligibility requirements of entrants as outlined in these Official Rules, or Prize (as defined below) may be awarded to the runner-up Entry that received the most votes during online voting, as determined by Sponsors in their sole discretion.

    In the event of a tie during any stage of the Contest judging or voting periods, an additional, “tie-breaking” judge will decide between the tied Entries using the judging criteria outlined above. Sponsors’ and judges’ decisions are final and binding on all matters relating to this Contest.

    ONLINE VOTING: On or about Monday, April 26th at 12:01 am ET to Monday, May 3rdat 11:59 pm ET (the “Voting Period,”) or on such other dates and at such other times as determined by Sponsors in their sole discretion, visitors to the Website may vote for their favorite semi-finalist according to the voting rules and procedures established by Sponsors, which will be posted on the Website. At the start of the Voting Period, each semi-finalist’s information will be posted on the Website in a randomized manner. After viewing the semi-finalist’s information, visitors may vote for their favorite semi-finalist online by following the provided instructions and in accordance with the voting rules and procedures. The Voting Period, voting rules and procedures and voting methods are subject to change, at Sponsors’ sole discretion, and any changes will be posted on the Website. Any ties resulting from online voting will be broken as described above. The three (3) semi-finalists who receive the most votes during the Voting Period, as determined by Sponsors in their sole discretion, will be the potential winners. [NOTE: PLEASE CONFIRM THE DESCRIPTION OF THE VOTING INCLUDING TIMES ABOVE. WE WILL NEED TO CREATE AND POST VOTING RULES BEFORE VOTING LAUNCHES. LET’S DISCUSS OTHER ISSUES THAT SOMETIMES ARISE WITH VOTING]

    Sponsors will make two (2) attempts to notify potential winners at the phone number and/or email address submitted at the time of entry. Each potential winner may be required to execute and return an affidavit of eligibility, release of liability, and, except where prohibited, publicity release (collectively, “Contest Documents”) within three (3) days of such notification. Noncompliance within this time period will result in disqualification, and the Prize may be awarded to the runner-up semi-finalist with the next highest number of votes as determined by Sponsors in their sole discretion. If potential winner cannot be reached, if she is found to ineligible, if she cannot or does not comply with these Official Rules, or if her prize or prize notification is returned as undeliverable, potential winner will be disqualified and the Prize may be awarded to the runner-up semi-finalist with the next highest number of votes as determined by Sponsors in their sole discretion. Limit one (1) prize per family or household.

    PRIZE: There will be three (3) prizes awarded (each a “Prize”) to the winners (each a “Winner”), consisting of: (1) a day of beauty at Salon Buzz, located at 1 East Delaware, Chicago, Illinois on May 4th 2010, or on such other dates and times as designated by Sponsors in their sole discretion which will include Moms will be treated to a full day of pampering including: overall beauty consultation for hair style, care, cut, color, spa mainicure, spa pedicure, and beauty products for a total value of approx. $500.00 (2) brunch for Winner and three (3) guests (each a “Guest”) at Seasons Restaurant at The Four Seasons Hotel Chicago located at 120 E. Delaware Place, Chicago, Illinois at 11:00am, or on such other date and time as designated by the Sponsors in their sole discretion, (Value is $105 per person plus tax and gratuity). and (3) an appearance (“Appearance”) on The NBC 5 Weekend Morning News (the “Show”), on May 8th, 2010 between 6:00 am and 10:00 am (or on such other date and time as designated by the Sponsors in their sole discretion).

    Estimated Retail Value (“ERV”) of each Prize is nine hundred and twenty dollars ($920). ERV of all Prizes is two thousand seven hundred and sixty dollars ($2760) Sponsors will furnish an Internal Revenue Service Form 1099 to Winner for the ERV of Prize for the tax 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 a similar Prize (or Prize element) of equal or greater value in its sole discretion. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prize are the sole responsibility of Winner. Prize cannot be transferred by Winner or redeemed for cash and is valid only for the items detailed above, with no substitution of Prize by Winner. If Prize is unclaimed, it will be forfeited, and an alternate Winner may be selected from the remaining eligible entries. If a Prize element is not available for any reason, the remaining elements of Prize shall constitute full satisfaction of Sponsors' Prize obligation to Winner, and no additional compensation will be awarded.

    Appearance has no cash equivalent value. If the Show is not in production or is cancelled prior to or pre-empted during the Appearance, the remaining elements of Prize shall be awarded and shall constitute full satisfaction of Sponsors’ Prize obligation to Winner and no additional compensation or substitute will be awarded. If Winner fails to appear in a timely manner for the Appearance, as determined by Sponsors in their sole discretion, the Appearance may be cancelled and the Appearance portion of Prize may be forfeited. No person other than Winner and persons deemed necessary by Sponsors may be present at the Appearance. The nature of the Appearance will be determined by the Sponsors in their sole discretion. Sponsors shall have the right but are not obligated to broadcast or otherwise use or exploit the Appearance or any part thereof.

    CONDITIONS: By entering the Contest, each entrant agrees for entrant (and for nominee if selected as a Winner) and for entrant’s heirs, executors, and administrators (a) to release and hold harmless Contest Entities and their respective officers, directors, and employees (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in the Contest and/or her acceptance, possession, use, or misuse of Prize or any portion thereof; (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 (and nominee’s) name, voice, image, and/or likeness on the Website and the use by Released Parties of such name, voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media, now or hereafter known, throughout the world in perpetuity, without additional compensation, notification or permission 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.

    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 select semi-finalist or Winners as applicable from among all eligible, non-suspect entries received at the time of the event warranting such cancellation, modification, or suspension, based on the judging criteria described above. Notice of such cancellation, modification, or suspension will be posted on the 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).

    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 afterSaturday May 8th, visit the Website, or send a self-addressed, stamped envelope to be received by June 1, 2010, to: 2009 Mother’s Day Makeover Contest, NBC5 454 N. Columbus Dr. Chicago, IL 60611.

    [IF YOU PLAN ON BROADCASTING NOTICE OF THIS PROMOTION, YOU MUST INCLUDE A BROADCAST DISCLAIMER. BROADCAST DISCLAIMER SHOULD BE AT LEAST 22 SCAN LINES AND 7 SECONDS ON CARD, CHYRON, OR VERBAL. IF PRIZE DESCRIPTION IS NOT PART OF NOTICE, IT SHOULD BE INCLUDED IN THE BROADCAST DISCLIAMER. BROADCAST DISCLAIMER IS NOT PART OF THE OFFICIAL RULES. DO NOT POST ANY OF THE FOLLOWING TEXT ON THE WEB.]

    NO PURCHASE NECESSARY. Void where prohibited. Open only to permanent, legal residents of the WMAQ viewing area who are 21 or older. Contest runs from 3/25/10 to 5/8/10Prize restrictions apply. For full Contest rules and prize details, go to www.nbcchicago.com.