December 23, 2009 - January 31, 2010
PRELIMINARY INFORMATION: No purchase necessary. Void outside the WRC terrestrial geographic viewing area and where prohibited. The Black History Photo and Essay Contest (“Contest”) begins at 12:01 a.m. ET on December 23, 2009, and ends at 10:59 p.m. ET on January 31, 2010 ("Contest Period"). All times in the Contest refer to Eastern Time (“ET”). Contest is subject to all applicable federal, state and local laws.
SPONSORS: WRC, located at 4001 Nebraska Avenue, N.W., Washington, DC 20016 (“WRC”) and NBC Universal, Inc., located at 30 Rockefeller Plaza, New York, NY 10112 (“NBC”), shall be the sponsors of this Contest and shall be referred to herein collectively as “Sponsors”.
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 thirteen (13) years to eighteen (18) years of age as of the beginning of the Contest Period; and who are enrolled as a student in grades nine (9) through twelve (12) in a high 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 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 and administrative, advertising, and promotion agencies.
TO ENTER: To enter, access the WRC website at www.nbcwashington.com (the “Website”) and click on the Contest icon. Download, print, and complete the entry form (the “Entry Form”), which includes your name, address, phone number, email address, date of birth, and the title of your Photo and Essay (both as defined below). As part of entering the Contest, you will also be required to submit the following according to the instructions provided on the Website: (a) one (1) essay on the following topic: "Why is Black History Month Important?" (“Essay”) and (b) one (1) photo (“Photo”) depicting images, staged or candid, of people, places, events and things which answer the question "Why is Black History Month Important?" The Photo must have been taken within one (1) year of the start of the Contest Period and must have been taken by the contestant. Other than minor changes to lighting and coloring, the Photo must not have been altered or edited in any manner that distorts the original photograph. 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. Entry Form, Essay and Photo will together constitute your entry into the Contest (“Entry”). Mail the Entry to: Black History Photo/Essay Contest, WRC, 4001 Nebraska Avenue, N.W., Washington, DC 20016. Entry Forms are also available at the above address. By entering, you agree that the Photo and Essay (collectively referred to herein as the “Submissions”) and any other portion of your Entry may be broadcast on television or may appear on the Website, and in promotions and advertisements as determined by Sponsors in their sole discretion.
Entries must be received before 10:59:00 p.m. ET on January 31, 2010, to be eligible for the Contest. You may enter only once during the Contest Period. Multiple entries received from any person or email address beyond this limit will void all such additional entries. The same Submissions (or portions thereof) may not be used for more than one (1) Entry. Multiple Entries received for any Submissions (or portions thereof) will void all such additional Entries and contestants submitting such multiple Entries may be disqualified as determined by Sponsors in their sole discretion. Only the first eligible Entry featuring such Submission will be eligible for entry. Entries that are incomplete, garbled or unintelligible for any reason are void and will not be accepted. Each Submission must be original, truthful (as applicable), unpublished, created solely by the submitting contestant, and must not have been submitted in any other competition, and or infringe upon any rights of any third party, including but not limited to copyright, trademark and right of privacy and publicity. Entry constitutes permission (except where prohibited by law) to use contestant'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.
By entering the Contest, contestant grants Sponsors the non-exclusive, royalty-free, and irrevocable right to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, edit (including for length) and otherwise exploit the contestant’s Submissions (or any portions thereof) and to incorporate the Submissions (or any portions thereof) 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. Contestants warrant that they have the sole and exclusive right to grant such rights to Sponsors and that Sponsors’ reproduction, publishing, displaying, and/or other use of their Entry, or any portions thereof, will not infringe on any rights of third parties, including, without limitation, copyright, trademark, privacy, or publicity, or create claims for false light, idea misappropriation, intentional or negligent infliction of emotional distress, defamation, or breach of contract. Any Submissions containing material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive or that does not comply with these Official Rules or meet Sponsors’ standards for any reason, as determined by Sponsors in their sole discretion, will be rejected as ineligible for consideration. Entries must comply with all applicable laws, rules, and regulations. Contestant also warrants that he/she has obtained written permission when photographing/filming on private property not owned or controlled by contestant, and from all person appearing in contestant’s Photo, where such permission is required. Upon request, you must provide Sponsors with signed releases from the owners of any private property where you photographed/filmed and/or the parents/legal guardians of any minors appearing in your Photo. The manner and the duration of posting Submissions (and/or any other relevant contestant information as determined by Sponsors in their sole discretion) or any portions thereof on the Website, or on any other website or in any other venue are at the sole discretion of Sponsors, however, Sponsors shall have no obligation to copy, publish, display, or otherwise exploit the Submissions (or any portions thereof).
Past experience has confirmed that contests and other competitions of this nature generate substantially similar submissions or entries that closely resemble concepts and ideas that have been independently developed by Released Parties (as defined below) before or after such contests or competitions. Accordingly, contestants may subsequently see a Released Party presentation that seemingly incorporates an idea or concept or includes materials similar to that contained in their Entry. Any similarity is purely coincidental and unavoidable in light of the volume of ideas that Released Parties routinely consider in the course of their business development.
WINNER SELECTION AND NOTIFICATION: On or about February 5, 2010, ten (10) finalists (“Finalists”) will be selected by a panel of qualified judges, including community leaders and notable personalities chosen by Sponsors in their sole discretion (collectively, “Judges”). Essays will be judged on a twenty (20) point scale based on the following judging criteria: 1) originality (5 points); 2) relevance to the topic (5 points); grammar (5 points); and style (5 points). Photographs will be judged on a twenty (20) point scale based on the following judging criteria: originality (5 points), technical excellence (5 points), composition (5 points), overall impact and artistic merit (5 points). All decisions by the Judges will be final and binding. The combined score of the Essay and Photo will result in the score for each Entry. The Contestants who submitted the Entries with the ten (10) highest point totals will be named Finalists (each a “Finalist”). In the event of a tie between two (2) or more Entries, the Entries of the tied contestants will be sent to an additional tie-breaking Judge who will rescore the Entries based on the judging criteria listed above. Sponsors reserve the right to select fewer than ten (10) Finalists, or no Finalists and/or to terminate the Contest or extend the Contest Period, if, in Sponsors’ sole discretion, an insufficient number of eligible, 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. If a Finalist cannot be reached, is found to be ineligible cannot or does not comply with these Official Rules such Finalist may be disqualified and the contestant 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 on or around February 15, 2010 to attend an award presentation. The Finalist who submitted the Entry with the highest point total will be named the first prize winner. The Finalist who submitted the Entry with the second highest point total will be named the second prize winner. The Finalist who submitted the Entry with the third highest point total will be named the third prize winner. The Finalist who submitted the Entry with the fourth highest point total will be named the fourth prize winner. The first, second, third and fourth prize winners shall be referred to herein individually as “Winner” and collectively as “Winners”. All decisions of the Judges are final and binding.
Each Winner (or his/her parent or legal guardian, if he/she is a minor) may be required to execute and return an eligibility release, release of liability, and, except where prohibited, publicity release (collectively, Contest Documents”) at the award presentation. If a Winner does not comply within this time period, cannot be reached, is found to be ineligible or cannot or does not comply with these Official Rules, such Winner may be disqualified and the Finalist with the next highest score based on the judging criteria listed above may be selected as an alternate Winner.
PRIZE: There will be one (1) first prize awarded, consisting of a three hundred dollar ($300) educational grant. There will be one (1) second prize awarded, consisting of a two hundred dollar ($200) educational grant. There will be one (1) third prize awarded, consisting of a one hundred and fifty dollar ($150) educational grant. There will be one (1) fourth prize awarded, consisting of a one hundred dollar ($100) educational grant. Estimated Retail Value of all prizes is seven hundred and fifty dollars ($750). All prize details, including form of prizes, are at Sponsors’ 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 any prize are the sole responsibility of winners. Prizes cannot be transferred by winners and are valid only for the items detailed above, with no substitution of prizes by winners. If any prize is unclaimed, it will be forfeited, and such prize may be awarded to the Finalist with the next highest score based on the judging criteria above as determined by the Sponsors in their sole discretion. Prizes won by minors will be awarded in the name of their parent or legal guardian.
CONDITIONS: By entering the Contest, each contestant (or contestant’s parent/legal guardian on behalf of such contestant) agrees for contestant and for contestant’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 contestant’s participation in the Contest and/or his/her acceptance, possession, use, or misuse of a 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 contestant’s name 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, 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 the Website.
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 contestants’ 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, postage due, illegible or returned.
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 JAMS 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 15, 2010, visit www.nbcwashington.com.
Black History Photo and Essay Contest – Official Rules
December 23, 2009 - January 31, 2010