The Tonight Show Film Festival and Samsung Contest
Official Rules
January 25, 2021 — February 1, 2021
UPDATE NOTICE: These Official Rules have been updated as of February 9, 2021. All changes are noted in highlight
PRELIMINARY INFORMATION: NO PURCHASE NECESSARY. A purchase will not improve your chances of winning. Void where prohibited. The Tonight Show Film Festival and Samsung Contest (“Contest”) will begin on January 25, 2021 at 11:35 P.M. ET and end on February 1, 2021 at 11:59 PM ET (“Contest Period”). All times in the Contest refer to Eastern Time (“ET”). Odds of winning depend upon the number of eligible entries received. Contest is subject all applicable federal, state and local laws.
ELIGIBILITY: Open only to permanent, legal United States residents who are physically residing in one (1) of the fifty (50) United States and the District of Columbia (excluding Puerto Rico, Guam, the Virgin Islands and other United States territories), and who are eighteen (18) years of age or older 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 The Tonight Show Starring Jimmy Fallon and NBCUniversal Media, LLC, both located at 30 Rockefeller Plaza New York, NY 10112 (“Sponsors”), Samsung Electronics America, Inc., located at 6625 Excellence Way, Plano TX 75023 (“Samsung”), and each of 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.
TO ENTER: As part of your Entry (as defined below), you will be required to submit a video (“Video”) that you’ve created that you are most proud of. Video must not be longer than 60 seconds in length. If Video exceeds 60 in length, only the first 60 seconds will be judged. Video must be original and submitted in the English language. Video must have been taken by you. If any minors appear in Video, the entrant must be that minor’s parent and/or legal guardian. Video cannot have been created professionally. Video may be referred to herein as “Submission” or “Submissions.” You must submit Submission according to the instructions provided on the applicable website. You must have the permission of any person who appears or is identified or otherwise referred to in your Submission.
You may enter the Contest through one (1) of the following four (4) entry methods:
1) Twitter Entry: To enter the Contest, during the Contest Period, go to www.twitter.com (the “Twitter Website”), and (1) if you already have a Twitter account, log on using your Twitter user name and password, then become a follower of The Tonight Show Starring Jimmy Fallon by searching for @FallonTonight, and then clicking the "Follow" button, or (2) if you do not already have a Twitter account, create a free Twitter account according to the instructions on the Twitter Website and follow The Tonight Show Starring Jimmy Fallon as indicated in (1) above. You must follow The Tonight Show Starring Jimmy Fallon throughout the Contest Period and for at least fifteen (15) days thereafter (for potential notification purposes) to participate in the Contest and be eligible to win. You may unfollow The Tonight Show Starring Jimmy Fallon after the fifteen (15) day notification period. Please note that you must agree to comply with the Twitter Terms of Use in order to create a Twitter account. Once you become a follower of The Tonight Show Starring Jimmy Fallon, you will be required to submit via a “Tweet” a Video with the hashtags “#TonightShowFilmFest” and “#Contest” and “@FallonTonight” (the "Twitter Entry"). Your Twitter Entry must include “#TonightShowFilmFest” and “#Contest” and “@FallonTonight” or your Twitter Entry will not be valid. If your Twitter profile is set to the “Protect my Tweets” setting, your Entry may be disqualified and rejected as ineligible for consideration in the Contest. A Twitter account is required to enter the Contest via Twitter.2) Instagram Entry: To enter the Contest, during the Contest period, use your personal Instagram account to go to www.instagram.com (“Instagram Website”) to upload a Video with the hashtags “#TonightShowFilmFest” and “#Contest” and “@FallonTonight” (the "Instagram Entry"). Your Instagram Entry must include “#TonightShowFilmFest”, “#Contest” and “@FallonTonight” or your Instagram Entry will not be valid. If your Instagram account is set to the “Posts are Private” setting and Sponsors cannot access your Instagram profile, your Instagram Entry may be disqualified and rejected as ineligible for consideration in the Contest. An Instagram account is required to enter the Contest via Instagram. If you do not already have an Instagram account, yopriu can go to www.instagram.com to create a free Instagram account. Please note that you must agree to comply with the Instagram Terms of Use in order to create a Twitter account.
3)TikTok Entry: To enter the Contest, during the Contest period, use your personal TikTok account to go towww.tiktok.com (“TikTok Website”) to upload a Video with the hashtags “#TonightShowFilmFest” and “#Contest” and @FallonTonight (the "TikTok Entry"). Your TikTok Entry must include “#TonightShowFilmFest” and “#Contest” and “@FallonTonight” or your TikTok Entry will not be valid. If your TikTok account is set to the private setting and Sponsors cannot access your TikTok profile, your TikTok Entry may be disqualified and rejected as ineligible for consideration in the Contest. A TikTok account is required to enter the Contest via TikTok. If you do not already have a TikTok account, you can go to www.tiktok.com to create a free TikTok account. Your Entry and use of the TikTok Website may be subject to the TikTok Terms of Service and TikTok Community Guidelines (https://www.tiktok.com/community-guidelines?lang=en).
4)Facebook Entry: To enter the Contest, during the Contest Period, visit The Tonight Show Starring Jimmy Fallon Facebook page located at facebook.com/FallonTonight/ (the “Facebook Website”), then submit via a comment to The Tonight Show Starring Jimmy Fallon’s post on the Facebook Website that will be posted on or about January 25, 2021 at 11:35 PM ET to the Facebook Website (the “Post”) a Video (the “Facebook Entry”) with the hashtags “#TonightShowFilmFest” and “#Contest” (the "Facebook Entry"). Your Facebook Entry must include “#TonightShowFilmFest” and “#Contest” or your Facebook Entry will not be valid. The Facebook Entry must be submitted via a “Comment” on the Post. A Facebook account is required to enter the Contest via Facebook. If you do not already have a Facebook account, you can go to https://www.facebook.com/ to create a free Facebook account.
“Twitter Entry,” “Instagram Entry,” “TikTok Entry,” and “Facebook Entry” may collectively be referred to herein as “Entry” or “Entries.” All Entries become the property of Sponsors and will not be acknowledged or returned.
If you choose to submit an Entry via your web-enabled mobile device, data rates may apply. See your wireless service provider for details on rates and capabilities.
All Entries become the property of Sponsors and will not be acknowledged or returned. You must submit the Video or Statement (collectively referred to herein as the “Submissions”) as part of your Entry to enter and be eligible for the Contest. By entering the Contest, entrants grant 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 the Submissions 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 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 Sponsors’ standards for any reason, as determined by Sponsors in their sole discretion, such Submissions (and the related Entries) may be rejected as ineligible for consideration and/or deleted from the Website. Entries must comply with all applicable laws, rules, and regulations. Sponsors shall have no obligation to copy, publish, display, or otherwise exploit the Submissions.
Entries must be received before February 1, 2021 at 11:59 P.M. ET to be eligible for the Contest. Sponsors’ computer shall be the official timekeeper for all matters related to this Contest. You may enter once during the Contest Period. Multiple entries received from any person or email address beyond this limit will void all such additional entries. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including but not limited to illegible handwriting, 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.
SELECTION AND NOTIFICATION OF FINALISTS AND WINNER:
There will be two (2) rounds of judging: Round 1: Initial Judging to Determine the Finalists; and Round 2: Judging to select Winner.
Round 1: Initial Judging to Determine the Finalists: On or about February 1, 2021, one (1) or more qualified judges selected by Sponsors (“Judges”) will review all eligible Entries received during the Contest Period and select up to ten (10) finalists (each a “Finalist”) based on the following judging criteria (“Judging Criteria”): creativity (25%), originality (25%), production quality (25%), and storytelling (25%). Each Finalist will advance to Round 2: Judging to Select the Winner, subject to verification of eligibility. The selection and review process may occur on a rolling basis as Entries are received. 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 storytelling to advance to Round 2. In the event a tie remains, an additional tie-breaking judge will judge the tied Entries, using the Judging Criteria, to determine which of the tied Entries will advance to Round 2. Sponsors reserve the right to pick fewer than ten (10) Finalists (or none at all) or to extend the Contest Entry Period if the Contest does not receive a sufficient number of eligible and qualified Entries, as determined by Sponsors in their sole discretion. Finalists will be required as a condition of continued eligibility to sign an Affidavit of Eligibility, Waiver of Liability, and, except where prohibited, Publicity Release (collectively, “Contest Documents”) by 9pm EST on Thursday, February 11, 2021. Noncompliance within this time period will result in disqualification. If the potential Finalist(s) cannot be reached or are found ineligible, if cannot or do not comply with the foregoing requirements and these Official Rules, or do not satisfactorily execute all of the Contest Documents, potential Finalist(s) will be disqualified and an alternate Finalist(s) may be selected.
As a condition of continued eligibility each Finalist will be required to record a short film (“Film”) using the Finalist Prize (defined below) and submit the Film with 1080p resolution or above on or before February 22, 2021 to an email address designated by Sponsors at the time of Finalist selection. Film must not be longer than 60 seconds in length. If Film exceeds 60 seconds in length, only the first 60 seconds will be judged. All elements of Film (including, but not limited to, any audio) must be original and submitted in the English language. Film must have been taken by Finalist. If any minors appear in the Film, the Finalist must be that minor’s parent and/or legal guardian. Film cannot have been created professionally. Finalist must have the permission of any person who appears or is identified or otherwise referred to in the Film.Film must be submitted on or before February 22, 2021 or Finalist may be disqualified and Sponsors may select an alternative Finalist, time permitting.
Finalists will be required as a condition of continued eligibility to sign an Affidavit of Eligibility, Waiver of Liability, and, except where prohibited, Publicity Release (collectively, “Contest Documents”) within two (2) days of such notification. Noncompliance within this time period will result in disqualification. If any potential Finalist cannot be reached or is found ineligible, cannot or does not comply with the foregoing requirements and these Official Rules, if Finalist notification is returned as undeliverable, or does not satisfactorily execute all of the Contest Documents, potential Finalist may be disqualified and Sponsors may select an alternative Finalist, time permitting.
Round 2: Judging to select the Winners: On or about March 7, 2021, one (1) or more qualified Judges will review all eligible Entries received from the Finalists during the Contest Period and select up to five (5) potential winners (“Winners,” each a “Winner”) based on the Judging Criteria. The selection and review process may occur on a rolling basis as Entries are received. In the event of a tie, ties will be broken as described with regards to Finalists.
Decisions of Sponsors and Judges are final and binding with respect to all matters related to the Contest. Sponsors will make two (2) attempts to notify potential Winner at the phone number and/or email address submitted at the time of entry. Sponsors may share potential Winner’s name and contact information with Contest Entities and/or any prize provider, as applicable, if necessary. Sponsors reserve the right to pick fewer than five (5) Winners (or none at all) if the Contest does not receive a sufficient number of eligible and qualified Entries, as determined by Sponsors in their sole discretion. Potential Winners 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. If a potential Winner cannot be reached, is found to be ineligible, cannot or does not comply with these Official Rules, or if Prize (as defined below) or prize notification is returned as undeliverable, potential Winner will be disqualified and Sponsors will award the Prize (defined below) to a runner-up Finalist.
PRIZE:
Finalist Prize: There will be up to ten (10) prizes awarded to the Finalists (“Finalist Prizes”, each a Finalist Prize), each consisting of the following: one (1) Samsung Galaxy S21 Ultra 5G mobile phone. Finalist Prizes are awarded “as is” with no guaranty or warranty, express or implied, by Sponsors. FINALIST PRIZE DOES NOT INCLUDE WIRELESS PHONE SERVICE.
Grand Prize: There will be up to five (5) grand prizes awarded to the Winners (“Grand Prizes”, each a “Grand Prize”), each consisting of the following: the opportunity for Winner’s Film to be included in the Tonight Show Film Festival (“Film Festival”) currently scheduled to take place between March 8, 2021 and March 12, 2021(or on such other dates designated by Sponsors in their sole discretion).
Finalist Prizes and Grand Prizes may be referred to collectively herein as “Prize” or “Prizes” unless otherwise noted.
Estimated Retail Value (“ERV”) of each Finalist Prize is one thousand one hundred ninety-nine dollars and ninety-nine cents dollars ($1,199.99). ERV of each Grand Prize is zero ($0) dollars. ERV of all Prizes is Eleven Thousand Nine Hundred Ninety-Nine Dollars and Ninety Cents ($11,999,90). Actual Retail Value (“ARV”) of Prizes may vary. Any difference between ERV and ARV will not be awarded.
Sponsors will determine all details of Prize in their sole discretion. Sponsors 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 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 within a reasonable time after notification from Sponsors, as determined by Sponsors in their sole discretion, it will be forfeited, and time permitting, an alternate Winner may be selected from the remaining eligible entries at Sponsors’ sole discretion.
Sponsor shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of Prize due to reasons beyond Sponsor’s control and are not responsible or liable for any expenses incurred as a consequence thereof. Date and/or time of Film Festival is subject to change. Film Festival is subject to cancellation. Sponsor reserves the right to change the date, time, and details of Film Festival subject to production exigencies.
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, Twitter, Facebook, Instagram, TikTok, 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 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 a Winner, to the posting of such entrant’s name on 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 Sponsors, which 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 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 the right to select Winners 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 at 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). Sponsors reserve 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 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 March 26, 2021, (1) send a self-addressed, stamped envelope to The Tonight Show Film Festival and Samsung Contest, 30 Rockefeller Plaza, Floor, New York NY 10112 or (2) an email to TSFilmFest2021@nbcuni.com with “The Tonight Show Film Festival and Samsung Contest” in the subject line. Envelope and email to be received by June 21, 2021.
This Contest is in no way sponsored, endorsed or administered by, or associated with Twitter, Facebook, TikTok, or Instagram. Entrants are providing information to Sponsors and not to Twitter, Facebook, TikTok, or Instagram.