Black History Essay Contest Official Rules

December 15, 2008 - January 27, 2009

PRELIMINARY INFORMATION: No purchase necessary. Void outside the WRC terrestrial geographic viewing area (as listed below) and where prohibited. Black History Essay Contest (“Contest”) will begin at 12:01 a.m. Eastern Time (“ET”) on December 15, 2008, and end at 11:59 p.m. ET on January 27, 2009 (“Contest Period”). All times in the Contest refer to Eastern Time.

TO ENTER: To enter, access the WRC website at www.nbcwashington.com and search for the keywords “Black History Contest.” Follow the instructions provided to download, print, and complete the entry form, which includes your name, address, phone number, email address, date of birth, and the title of your essay (“Entry Form”). You must also write an essay (“Essay”) on the following topic (“Topic”): “Why is Black History Month important?” Entry Form and Essay will together constitute your entry into the Contest (“Entry”). Essay must be original (that is, written and created by you—assistance of any type is strictly prohibited), typed in the English language, and no more than one thousand (1,000) words in length. If an Essay exceeds this length, only the first one thousand (1,000) words will be judged. Mail the Entry Form and the Essay to: Black History Essay Contest, WRC, 4001 Nebraska Avenue, N.W., Washington, DC 20016. Entry Forms are also available at the above address. All Entries become the property of WRC and NBC Universal, Inc. (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. Entrant warrants that he/she has 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, including, but not limited to, copyright, trademark, privacy, or publicity rights anywhere in the world. Sponsors shall have no obligation to copy, publish, display, or otherwise exploit the Entries. Entries must be received before 11:59 p.m. on January 20, 2009, to 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 that are incomplete or illegible 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 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 physically located in the WRC terrestrial geographic viewing area in the District of Columbia; the counties of Allegany, Calvert, Charles, Frederick, Montgomery, Prince George’s, St. Mary’s, and Washington in the state of Maryland; and the counties of Arlington, Clarke, Culpepper, Fairfax, Fauquier, Frederick, King George, Loudoun, Page, Prince William, Rappahannock, Shenandoah, Spotsylvania, Stafford, Warren, and Westmoreland in the state of Virginia; who are between thirteen (13) and eighteen (18) years of age as of December 15, 2008; and who are enrolled as a student in grades nine (9) through twelve (12) in a school located in the WRC terrestrial geographic viewing area (as described above) at the time of Entry. 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 reside), and/or persons living in the same households as these persons (whether related or not thereto) are not eligible to enter the Contest. Contest Entities, as referenced herein, shall include Sponsors, WPGC-FM, The Washington Informer Newspaper, and their respective parent, subsidiary, and affiliate companies and administrative, advertising, and promotion agencies.

WINNER SELECTION AND NOTIFICATION: On or about February 10, 2009, ten (10) finalists (“Finalists”) will be selected by a panel of qualified judges, including community leaders and notable personalities, chosen at Sponsors’ sole discretion (collectively, “Judges”). Essays will be judged based on the following criteria: 1) originality (5 points); 2) relevance to the Topic (5 points); 3) grammar (5 points); and 4) style (5 points). The Entrants who submitted the Essays that receive the ten (10) highest point totals will be named Finalists. In the event of a tie, the Essays of the entrants who achieved the same score will be sent to an additional tie-breaking judge who will score the Essays based on the criteria listed above. Sponsors reserve the right to select fewer than ten (10), or no, Finalists and/or to terminate the Contest or extend the Contest Period, if, in Sponsors’ sole discretion, an insufficient number of eligible, complete, tasteful, or appropriate Entries are received. Sponsors will make two (2) attempts to notify each Finalist at the phone number and/or email address submitted at the time of Entry. Each Finalist (or his/her parent or legal guardian if he/she is a minor) may be required to execute and return an affidavit of eligibility, release of liability, and, except where prohibited, publicity release (collectively, “Contest Documents”) within five (5) days of such notification. Noncompliance within this time period may result in disqualification, and the entrant with the next highest score based on the judging criteria listed above may be selected as an alternate Finalist. If a Finalist 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 Contest Documents are returned as undeliverable, Finalist may be disqualified and the entrant with the next highest score based on the judging criteria listed above may be selected as an alternate Finalist.. Finalists will be invited to NBC4 WRC to attend an award presentation on or about February 14, 2009. The Finalist who submitted the Essay with the highest point total will be named the first prize winner. The Finalist who submitted the Essay with the second highest point total will be named the second prize winner. The Finalist who submitted the Essay with the third highest point total will be named the third prize winner. The Finalist who submitted the Essay with the fourth highest point total will be named the fourth prize winner. All decisions of the Judges are final and binding.

Sponsors will make two (2) attempts to notify the winners at the phone number and/or email address submitted at the time of Entry. If any of the winners cannot be reached, if he/she cannot or does not comply with these Official Rules, or if his/her prize or prize notification is returned as undeliverable, the winner may be disqualified and the corresponding prize may be awarded to the Finalist with the next highest score based on the judging criteria listed above.

PRIZE: There will be one (1) first prize awarded, consisting of one thousand dollars ($1,000). There will be one (1) second prize awarded, consisting of eight hundred dollars ($800). There will be one (1) third prize awarded, consisting of five hundred dollars ($500). There will be one (1) fourth prize awarded, consisting of two hundred and fifty dollars ($250). Estimated Retail Value (“ERV”) of all prizes is two thousand five hundred and fifty dollars ($2,550). Sponsors will provide an IRS Form 1099 to first prize winner and second prize winner for the ERV of the their prizes for the calendar year in which the prizes were won. All prize details, including form of cash prizes to be awarded, are at Sponsors’ sole discretion. Sponsors reserve the right to substitute similar prizes 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 any prize are the sole responsibility of winners. Prizes cannot be transferred by winner and there will be no substitution of prizes by winners. If any prize is unclaimed, it will be forfeited, and the prize may be awarded to the Finalist with the next highest score based on the judging criteria above. If a prize element is not available for any reason, the remaining elements of prize shall be awarded and shall constitute full satisfaction of Sponsors’ prize obligation to winners, and no additional compensation will be awarded. Prizes won by minors will be awarded in the name of their parent or legal guardian.

CONDITIONS: By entering the Contest, each entrant (or 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 the 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 the prizes; (c) if selected as a winner, to the posting of such entrant’s name on www.nbcwashington.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 if necessary), 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 and Judges, whose decisions 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 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 in their sole discretion 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, prizes 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.nbcwashington.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, returned postage due, or illegible.

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 February 20, 2009, visit www.nbcwashington.com or send a self-addressed, stamped envelope to be received by March 27, 2009, to: Black History Essay Contest, WRC, 4001 Nebraska Avenue, N.W., Washington, DC 20016.