Christmas at Rockefeller Center - Mazda Drive For Good 2016 - Rules 01

Christmas in Rockefeller Center Mazda Drive For Good

Official Rules

October 10, 2016 — October 25, 2016

PRELIMINARY INFORMATION: NO PURCHASE NECESSARY. A purchase will not improve your chances of winning. Void where prohibited. The Christmas in Rockefeller Center Mazda Drive For Good (“Contest”) will begin on October 10, 2016 at 10:00 A.M. PT and end on October 25, 2016 at 10:00 A.M. PT (“Contest Period”). All times in the Contest refer to Pacific Time (“PT”). Odds of winning depend upon the number of eligible Entries (as defined below) received. Contest is subject to all applicable federal, state and local laws.

ELIGIBILITY: Open only to permanent, legal United States (“U.S.”) residents who are physically residing in one (1) of the forty-eight (48) continental United States or the District of Columbia (excluding Alaska, Hawaii, Puerto Rico, Guam, the Virgin Islands and other United States territories), and who are eighteen (18) years of age or older and of the age of majority in their state of residence 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 10112, (“Sponsor”), Mazda Motor of America, Inc., 7755 Irvine Center Drive, Irvine, CA, 96218 (“Prize Provider”), The Regan Group, 360 West 132nd Street, Los Angeles, California 90061 (“Administrator”), and each of their respective dealerships, parent, subsidiary, and affiliate companies, and each of their respective administrative, advertising, and promotion agencies, and any other entity involved in the development, administration, promotion, or implementation of the Contest.

TO ENTER: You must nominate yourself or a friend or family member, involved in a Charity (defined below) as part of your Entry (defined below). Your Entry must include a tax-exempt 501(c)(3) non-profit organization (“Charity”). Employees of a Charity are eligible to be nominated. Charities engaged in a fiscal sponsorship are ineligible for consideration. Your entry must consist of an essay (“Statement”) of one thousand (1000) characters including spaces or less with a photo (“Photo”) or video (“Video”) on the following theme: “What has a Charity that you’re involved with, or a Charity someone you know is involved with, done for your community, and how $30,000 from Mazda can help the Charity do more in your community?” Photo or Video must have been taken by you, and you must have permission of any person who appears or is identified in Photo or Video. If the Photo or Video was not taken by you, you must have permission to enter the Photo or Video in the Contest. If any minors appear in Photo or Video, the entrant must be that minor’s parent and/or legal guardian. Professional Photos and Videos with watermarks are not eligible. Your Photo or Video and Statement must be original (that is, written and taken by you) and must be submitted in the English language. Photo or Video, and Statement may collectively be referred to herein as “Submission” or “Submissions”.

To enter the Contest, during the Contest Period visit www.nbc.com/mazdadrive4good (the “Website”), click on the Contest, and follow the provided instructions to complete and thereafter submit the entry form, which includes your name, email address, telephone number, date of birth, and zip code, and your Submission (“Entry”). Ineligible Entries will not be considered Entries and entrants will be able to submit an additional eligible Entry.

All Entries become the property of Sponsor and will not be acknowledged or returned.

By entering the Contest, entrants grant Sponsor the non-exclusive, royalty-free, and irrevocable rights to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit the Submission and to incorporate the Submission 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 Sponsor and that the Sponsor’s reproduction, publishing, displaying, and/or other use of the Submission 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 Submissions contain material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive or if any Submissions do not comply with these Official Rules or meet Sponsor’s standards for any reason, as determined by Sponsor in their sole discretion, such Submissions (and the related Entries) may be rejected as ineligible for consideration. Entries must comply with all applicable laws, rules, and regulations. Sponsor shall have no obligation to copy, publish, display, or otherwise exploit the Submissions.

You may enter once during the Contest Period. Multiple Entries received from any person beyond this limit will void all such additional Entries. Entries must be received before October 25, 2016 at 9:59:59 A.M. PT to be eligible for the Contest. Sponsor’s computer shall be the official timekeeper for all matters related to this Contest. 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, the authorized account holder of the email account used to enter will be deemed the entrant. “Authorized account holder” of an email account is defined as the natural person who is assigned an email address by an Internet access provider, online service provider or other organization (e.g. business, education institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. 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.

PRIVACY: Entrants will have the opportunity to receive information from NBCUniversal Media, LLC and selected partners by checking the appropriate box(es). If, at any time, you no longer wish to receive materials from NBCUniversal Media or our partners, please go to our privacy policy, located at http://www.nbcuni.com/privacy/, or the applicable partner’s privacy policy and follow the procedures indicated.

JUDGING: A panel of qualified judges selected by Sponsor (“Judges”) will review the eligible Entries received during the Contest Period and select one (1) potential winning Charity based on their nomination (the “Winning Charity”) on or about October 26, 2016 based on the following judging criteria (“Judging Criteria”):

Validity of the cause (25%)
How large an impact Mazda’s contribution could make on the community (25%)
How many people Mazda’s contribution will impact in the community (25%)
Strength of Entrants participation and non-financial investment to the Charity they are nominating (25%)

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 Validity of the cause as the potential Winning Charity. 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 Winning Charity. Decisions of Sponsor and Judges are final and binding with respect to all matters related to the Contest. Winning Charity is subject to verification of eligibility. Sponsor reserves the right to pick fewer than one (1) Winning Charity, or to extend the Contest Period if in their sole discretion, if Sponsor does not receive a sufficient number of eligible and qualified Entries. Sponsor may share potential Winning Charity’s, and the nominated person in the Winning Charity Entry (“Nominee”)’s name and contact information with Contest Entities and/or any Prize Provider, as applicable, if necessary. Potential Winning Charity and Nominee will be notified by the email address provided on the Entry form. Potential Winning Charity and Nominee 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, with these Official Rules or the return of or inability to deliver any Prize (as defined below) or Appearance (as defined below) notification may result in disqualification and, at Sponsor’s discretion, and time permitting, an alternate potential Winning Charity may be selected from among all eligible remaining Entries based on the Judging Criteria. Sponsor, at its sole discretion, may elect to visit and film Nominee in Nominee’s hometown about their involvement in the Winning Charity (“Nominee Visit”). Nominee must be available November 10, 2016 – November 11, 2016, or another date designated by Sponsor’s at their sole discretion, for Nominee Visit. If Nominee is unavailable, or does not want to participate in Nominee Visit, or Nominee Visit is cancelled for any reason, no substitution, transfer or cash equivalent will be provided in lieu thereof, and no additional compensation will be awarded.

PRIZE: There will be one (1) prize awarded (“Prize”) to the Winning Charity. Prize consists of the following: thirty thousand dollars ($30,000 USD) to be disbursed to the Winning Charity. Winning Charity is subject to Sponsor’s approval, which may be withheld in Sponsor’s sole discretion. Prize must be redeemed within one (1) year of Prize notification.

Estimated Retail Value (“ERV”) of Prize is thirty thousand dollars ($30,000).

Nominee must be available to travel to New York, New York on or about November 29, 2016 through December 1, 2016 (or on such other dates determined by Sponsor at their sole discretion). Nominee and two (2) guests (“Guests”, each a “Guest”) may have an opportunity to appear on air during the 2016 Rockefeller Center Christmas Tree Lighting (“Rockefeller Event”) scheduled to take place at 8:00 P.M. ET on November 30, 2016 (“Christmas Tree Lighting Appearance”); and may have an opportunity for Nominee and Guests to appear in a segment on The TODAY Show (“Today Show Event”) scheduled for December 1, 2016 (“Today Show Appearance”). Today Show Event and Rockefeller Event are subject to, and Sponsor is not responsible for, changes to production schedule, production exigencies or delays, postponements or cancellation. Christmas Tree Lighting Appearance and Today Show Appearance are subject to Winning Charity’s acceptance of Prize.

Rockefeller Event and Today Show Event may collectively be referred to herein as “Event” or “Events”.

Christmas Tree Lighting Appearance and Today Show Appearance may collectively be referred to herein as “Appearance” or “Appearances”.

Actual Retail Value (“ARV”) of Prize may vary. Any difference between ERV and ARV will not be awarded. For any Prize with an ARV of six hundred dollars ($600) or more, Prize Provider will furnish an Internal Revenue Service Form 1099 or any other applicable tax form for the ARV of Prize for the year in which Prize was won as applicable. The Winning Charity will be required to submit to Prize Provider an acknowledgement letter for the Prize received, as required per IRS regulations.

All details of Prize, Events and Appearances will be determined by Sponsor in their sole discretion. Sponsor and Prize Provider 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 Charity. Prize cannot be transferred by Charity and is valid only for the items detailed above, with no substitution of Prize by Charity. Sponsor and/or Prize Provider reserve the right to award additional prizes.

Nominee must be able to travel November 29, 2016 through December 1, 2016 (or on such other dates designated by Sponsor).

Sponsor and Prize Provider shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of the Prize, Event or Appearances, and are not responsible or liable for any expenses incurred as a consequence thereof. Date and/or time of Events are subject to change. Events and Appearances are subject to cancellation. If Nominee chooses to attend the Events with fewer than two (2), or no, Guests, no additional compensation will be awarded. Guests, 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 Contest Documents, or Guest portion will be forfeited. If any Guest is a minor, Nominee (or one of the other Guests) must be such minor’s parent or legal guardian and must execute and return the Guest Documents on such minor’s behalf.

RECORDING: Sponsor, in their sole discretion, may choose to record and/or broadcast Appearances and Nominee Visit on The TODAY Show (“TODAY”). If Sponsor, in its sole discretion, elects to incorporate any such audio and/or video recordings (the “Recordings”) into TODAY or other television shows, the taping and/or the Recordings will not be considered an employment opportunity, and Nominee will not be entitled to compensation or credit thereof. Sponsor will determine the nature of the Recordings in their sole discretion. If the Recordings are broadcast, such broadcast will be at a time, for a length of time, and on a date determined by Sponsor in its sole discretion. Nominee may be required to return completed and signed appearance releases, confidentiality agreements and such other documents as may be required by Sponsor prior to their Appearance on TODAY and/or Nominee Visit and participation in the segment or rehearsal, if any. Failure of Nominee to complete and execute these documents in a timely manner, as determined by Sponsor in their sole discretion, may cause Events 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 Sponsor in their sole discretion. Nominee will not have a right of review, notice, or approval of the content of the Recordings or any exhibition or exploitation thereof. Sponsor has the right, in their sole discretion, to disqualify Nominee, and cause Events to be forfeited, and remove Nominee from TODAY at any time, if any behavior of Nominee is deemed by Sponsor to be disruptive or if it may or does cause damage to person, property, or reputation of Sponsor or if it otherwise violates the policies of Sponsor, or if Nominee does not follow the directions of Sponsor at all times. These Official Rules and the Contest itself are neither a contract nor an application for employment.

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, Facebook, 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 at Events or Appearances 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, Events or Appearances, including express warranties provided exclusively by prize supplier; (c) the posting of Nominee’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, 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 Sponsor, which are binding and final. Failure to comply with these conditions may result in disqualification from the Contest at Sponsor’s sole discretion.

ADDITIONAL TERMS: Sponsor reserves 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 Sponsor, who may seek damages to the fullest extent permitted by law. The failure of Sponsor 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 Sponsor (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. Sponsor reserves 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, Sponsor reserve the right to select Winning Charity 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 on the Website. Sponsor 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, Sponsor, or Sponsor’s agents or representatives; or behaves in any other disruptive manner (as determined by Sponsor in their sole discretion). Sponsor reserves 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 ATTORNEYS’ 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 Winning Charity, available after December 6, 2016, visit nbc.com/mazdadrive4good, or send a self-addressed, stamped envelope to be received by February 3, 2017 to: The Christmas in Rockefeller Center Mazda Drive For Good, PO Box 94079, Atlanta, GA, 30377.