Kids Read Contest
Official Rules
June 1 – June 23, 2009
PRELIMINARY INFORMATION: No purchase necessary. A purchase will not improve your chances of winning. Void outside the WNBC terrestrial geographic viewing area and where prohibited. The Kids Read Contest (“Contest”) will begin on June 1, 2009 at 12:00 P.M. Eastern Time (“ET”) and end on June 23, 2009 at 5:00 P.M. ET (“Contest Period”). All times in the Contest refer to Eastern Time. Contest is subject to all applicable federal, state and local laws.
TO ENTER: To enter, access the WNBC website at www.nbcnewyork.com, and search for the keywords “Kids Read.” Follow the directions provided to print out the entry form, which includes blanks for your name, address, telephone number, email address, and the signature of your parent or legal guardian (“Entry Form”). Entrants must have their parent or legal guardian complete and sign the Entry Form. Entrants must also write and submit a review of a book of their choice (“Review”). Entry Form and Review together will constitute your entry into the Contest (“Entry”). Review must be original (that is, written and created by entrant—assistance of any type is strictly prohibited), typed in the English language, and no more than one hundred (100) words in length. If a Review exceeds this length, only the first one hundred (100) words will be judged. Mail the Paper Entry Form and the Review to: Kids Read Contest, WNBC, Attn. Y. Askew, 30 Rockefeller Plaza, New York, NY 10112.
All Entries become the property of WNBC and NBC Universal, Inc., 30 Rockefeller Plaza, New York, NY 10112 (collectively, “Sponsors”), and will not be acknowledged or returned. 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 entrant’s Entry and to incorporate it in other works in any and all markets and media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval. 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 Entry will not infringe on any rights of third parties. Sponsors shall have no obligation to copy, publish, display, or otherwise exploit the Entries.
Entries must be received before 5:00 P.M. on June 23, 2009 to be eligible for the Contest. You may enter once per day during the Contest Period. 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 who made a potentially winning Entry in connection with an Online Entry form, Sponsors reserve the right, in their sole discretion, to deem that the Entry was made by the registered subscriber of the email address submitted at the time of Entry. 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.
ELIGIBILITY: Open only to permanent, legal U.S. residents who are located and residing in the WNBC terrestrial geographic viewing area in the counties of Bergen, Essex, Hudson, Hunterdon, Middlesex, Morris, Monmouth, Ocean, Passaic, Somerset, Sussex, Union, and Warren in the state of New Jersey; the counties of Bronx, Dutchess, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Sullivan, Ulster, and Westchester in the state of New York; the county of Fairfield in the state of Connecticut; and the county of Pike in the state of Pennsylvania; and who are between eight (8) and twelve (12) years of age as of June 1, 2009. Officers, directors, and employees of Contest Entities (as defined below), members of these persons’ immediate families (spouses and/or parents, children, and siblings, and their spouses, regardless of where they live), 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 and their respective parent, subsidiary, and affiliate companies, their 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 July 5, 2009, one (1) potential winner will be selected from all eligible entries by a panel of qualified judges designated by Sponsors. Reviews will be judged based on the following criteria measured on a 100-point scale: 1) clarity of expression (fifty (50) points) and 2) persuasiveness of the entrant’s point of view (fifty (50) points). Sponsors reserve the right, in their sole discretion, to terminate the Contest or extend the Contest Period, if, in Sponsor’s sole discretion an insufficient number of eligible, complete, tasteful, or appropriate Entries are received. Sponsors will make two (2) attempts to notify potential winner at the phone number and/or email address submitted at the time of entry. Potential winner’s parent or legal guardian will be required to return a completed, signed, and notarized affidavit of eligibility, release of liability, and, except where prohibited, publicity release within fourteen (14) days of such notification. Noncompliance within this time period will result in disqualification, and, time permitting, at Sponsors’ sole discretion, the prize may be awarded to the runner-up with the next highest score based on the judging criteria listed above. If potential winner cannot be reached, if he/she is found to be ineligible, if he/she cannot or does not comply with these Official Rules, or if his/her prize or prize notification is returned as undeliverable, potential winner will be disqualified and, time permitting, at Sponsors’ sole discretion, the prize may be awarded to the runner-up with the next highest score based on the judging criteria listed above.
PRIZE: There will be one (1) grand prize awarded (“Prize”), consisting of the following: an appearance (“Appearance”) by the winner (“Winner”) on a WNBC newscast (“Program”), to be determined by Sponsors in their sole discretion. All Prize details are at Sponsor’s sole discretion. Sponsors reserve the right to substitute a similar Prize of comparable or greater value at their 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 item detailed above, with no substitution of Prize by Winner. If Prize is unclaimed, it will be forfeited, and the Prize may be awarded to the runner-up with the next highest score based on the judging criteria listed above. Prize will be awarded in the name of Winner’s parent or legal guardian.
Appearance has no cash equivalent value. If the Program is not in production or is pre-empted during Winner’s scheduled Appearance, or cancelled prior thereto, Sponsors shall not be obligated to provide any other Prize to Winner. 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 Prize forfeited. No persons other than Winner, his or her parent or legal guardian, and persons deemed necessary by Sponsors may be present at the Appearance. The nature of the Appearance will be determined by Sponsors in their sole discretion. Sponsors are not obligated to broadcast or otherwise use or exploit Winner’s Appearance or any part thereof.
If Sponsors, in their sole discretion, elect to incorporate the audio and video recording of the Appearance (“Recording”) into the Program or other television shows, the Appearance and/or the Recording will not be considered an employment opportunity, and Winner will not be entitled to compensation or credit therefor. The nature of the Recording will be determined by Sponsors 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’s parent or legal guardian will be required to return completed, signed, and notarized Appearance and location releases and such other documents as may be required by Sponsors. Failure of Winner’s parent or legal guardian to complete and execute these documents in a timely manner, as determined by Sponsors in their sole discretion, may cause disqualification. The content of the Recording as, and if, finally broadcast and the number of broadcasts and re-broadcasts thereof, if any, will be determined by Sponsors in their sole discretion. Winner and/or his/her parent or legal guardian will have no right of review, notice, or approval of the content of the Recording or any broadcast thereof. Sponsors have the right, in their sole discretion, to disqualify Winner, cause the prize to be forfeited, and remove Winner from the Program at any time, if Winner’s behavior 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.
6.CONDITIONS: By entering the Contest, each entrant (and parent/legal guardian on behalf of each entrant) agrees for entrant 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 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 the Winner, to the posting of such entrant’s name on www.nbcnewyork.com 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 by parent or legal guardian, 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 herein or in the Contest itself, and to be bound by all decisions of Sponsors and judges, whose decisions are binding and final. Failure to comply with these conditions may result in disqualification from the Contest at Sponsor’s sole discretion.
7.ADDITIONAL TERMS: Sponsors reserve the right to terminate the Contest or permanently disqualify from any promotion any person they believe has intentionally violated these Official Rules. Any attempt to deliberately damage the Contest or operation thereof is unlawful and subject to legal action by Sponsors, who may seek damages to the fullest extent permitted by law. Sponsors reserve the right to cancel or modify the Contest should any computer virus, malfunction, or other cause beyond their control corrupt the administration, security, or proper operation thereof. In the event of cancellation, Prize will be awarded, based on the judging criteria listed above, from among all eligible, non-suspect Entries received prior to the event requiring cancellation. Notice of cancellation will be posted at www.nbcnewyork.com.
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 postage due.
8.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.
9. WINNER ANNOUNCEMENT: For the name of the Winner, available after July 25, 2009, visit www.nbcnewyork.com or send a self-addressed, stamped envelope to be received by September 4, 2009 to: Kids Read Contest, c/o WNBC Sales, 30 Rockefeller Plaza, New York, NY 10112.
[IF YOU PLAN ON BROADCASTING NOTICE OF THIS PROMOTION, YOU MUST INCLUDE A BROADCAST DISCLAIMER. BROADCAST DISCLAIMER IS NOT PART OF THE OFFICIAL RULES.]
[Broadcast Disclaimer should be at least 22 scan lines, 7 seconds on card, chyron or verbal, and note that if prize info isn't in promo, it should be included here.]
NO PURCHASE NECESSARY. Void where prohibited. Open only to permanent, legal residents of the WNBC viewing area who are between the ages of 8 and 12. Contest runs from 6/1/09 at 12:00PM to 6/23/09 at 5:00PM. Prize restrictions apply. To enter, and for full Contest rules and prize details, go to www.nbcnewyork.com
