December 2, 2004
No purchase necessary. Void where prohibited or restricted by applicable federal or state laws and regulations.
1. TO ENTER:
The Contest begins on December 6, 2004at 9:00 am and all entries must be received by no later than December 12, 2004 at 10 PM ET (“Contest period”). All times in these Official Rules are defined by Eastern Time.
To enter, 1) Go to MSNBC’s web site at www.msnbc.com, click on the “Abrams Report Name Our Segment Contest” icon; 2) Fill out the application (“Application”); and 3) Submit your title suggestion (“Title Submission”) for MSNBC’s new Abrams Report segment (the “Segment”) by clicking “submit”. All Title Submissions must be original, created solely by the submitting entrant, must not have been submitted in any other competition, and must not infringe upon any rights of any third party, including but not limited to trademark rights. Each Title Submission and any part thereof becomes the property of MSNBC for all purposes upon submission. MSNBC may exploit all or any part of each Title Submission in any manner, whether or not entrant is the contest Winner, including without limitation using entrant’s Title Submission in whole or in part. Entries will not be acknowledged or returned. Team entries will not be accepted. Entries that are incomplete, illegible or corrupted are void and will not be accepted. All entries must be received by 10 PM Eastern Time on December 12, 2004.
The Contest is open only to legal residents of the continental United States and the District of Columbia (RESIDENTS OF, GUAM and PUERTO RICO ARE EXCLUDED)who are at least 18 years of age as of December 6, 2004. Employees, officers, directors, agents, representatives and immediate family and household members of NBC Universal, Inc. (“NBC”), MSNBC Cable LLC (“MSNBC”) and their parent, affiliate and subsidiary companies are not eligible to participate in the Contest or to win. By participating, entrants agree to abide and be bound by these Official Rules and the decisions of the judges that are final and binding in all matters relating to this Contest.
3. SELECTION OF WINNER:
Title Submissions will be judged on or about December 16, 2004 by a panel of judges from MSNBC (“Judges”). All judging will be based on the following criteria: 50% Creativity; 50% Originality. In the event of a tie, tied entries will be re-judged based on the above criteria. Decisions of Judges are final and binding in all instances. In the event that two or more entrants submit identical Title Submissions, and Judges select that Title Submission as the Winner, then the entrant who was the first to submit their Title Submission based on MSNBC’s date of receipt of such Title Submission will be deemed the Winner. The Title Submission selected as the Winner of this Contest will not necessarily be used as the title of the new Abrams Report segment. MSNBC may or may not use any of the Title Submissions as the title of its new segment or any segment in its sole discretion.
NBC and MSNBC are not responsible for any late, misdirected or incomplete entries or failure of any electronic equipment, computer transmissions and/or network connections. NBC and MSNBC are not responsible for any inaccuracies in information, which may be used in the Contest, or for any technical or human error, which may occur in the processing of the entries or in the administration of this Contest and Prize. NBC and MSNBC reserve the right to discontinue the Contest at any time.
Entrants must be the registered subscriber of the email account from which the entry is made. Caution: Any attempt by an entrant or any other individual to deliberately damage any online service or web site or undermine the legitimate operation of the Contest is in violation of criminal and civil laws and should such an attempt be made, MSNBC and NBC reserve the right to seek damages and/or other remedies from any such person to the fullest extent permitted by law.
The Winner will receive MSNBC merchandise with a total approximate retail value of one hundred dollars ($100.00). MSNBC reserves the right to substitute a similar prize of equal or greater value at its sole discretion. All taxes and all other expenses, costs or fees associated with the acceptance and/or use of any prize are the sole responsibility of the winner. This prize cannot be transferred by Winner, redeemed for cash and is valid only for the prize detailed above, with no substitution of prize. Limit one prize per family or household. Winner will be notified by email and/or phone. If any prize notification is undeliverable, or in the event of non-compliance with any of these requirements, the prize will be forfeited, and an alternate winner may be selected by the judges from the remaining eligible entries.
6. GENERAL CONDITIONS AND RELEASES:
Entry in this competition constitutes permission (except where prohibited by law) to use entrants’ Title Submissions, name, city, state, likeness, appearance and voice by NBC and MSNBC for purposes of advertising, promotion and publicity without additional compensation. By entering, Entrant releases and discharges NBC, MSNBC and NBC’’s affiliated Web sites and their respective parents, subsidiaries, affiliates, advertising and promotion agencies, and all their respective employees, officers, directors, representatives and agents from any liability or damage due in whole or in part to entrant’s participation in this Contest and the award, acceptance, possession, use or misuse of any prize or from participation in this Contest.
In all disputes, MSNBC is the sole judge and its actions are final. MSNBC and NBC reserve the right in their sole discretion to change, amend or supplement the Rules for any reason and at any point without limitation.
Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and NBC in connection with the Competition, shall be governed by, and construed in accordance with, the laws of the state of New York, without giving effect to any choice of law or conflict of law rules (whether of the state of New York, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state of New York. If any controversy or claim arising out of or relating to the Official Rules, or the breach of any term hereof, cannot be otherwise resolved, it shall be resolved by binding arbitration conducted in the County of New York, and administered by JAMS in accordance with its Streamlined Arbitration Rules and Procedures or subsequent versions thereof (the “JAMS Rules”). The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be an experienced arbitrator licensed to practice law in New York. Although I may commence an action at law for the sole purpose of (1) enforcing or interpreting this Agreement to arbitrate, or (2) enforcing an arbitration award, I agree that such issues shall be resolved in the Courts of New York, New York County. I further agree that my remedy is limited to money damages, and I waive the right to seek any other relief at law or equity with respect to the Submitted Material or this Agreement.
This Contest is governed by these Official Rules. Each entrant warrants that he or she has read, and agrees to abide and be bound by, all Contest rules and that he or she is not prohibited from participating in this Contest by any applicable law, statute, regulation or other appropriate authority.
This Contest is subject to all federal, state and local laws and regulations. VOID WHERE PROHIBITED. By submitting an entry, entrants agree that all entries, including Title Submissions, become the property of MSNBC and NBC and MSNBC and NBC may use the entries for all purposes, including reproduction, publication, broadcast and display on the Internet and in all media, including all forms of television, and for advertising and promotion without additional compensation unless required by law, and that you will have no recourse against MSNBC, MSNBC.com, NBC and NBC’s affiliated Web sites or their parents, affiliates and subsidiaries and their respective employees, officers, directors, representatives and agents for any alleged or actual infringement or misappropriation of any proprietary rights in the entry.
8. WINNER ANNOUNCEMENT:
For the Winner’s name watch The Abrams Report around December 22, 2004
or send a self-addressed, stamped envelope to “Abrams Report Name Our Segment Contest,1 MSNBC Plaza, Secaucus, NJ 07094.