“NBC’s ‘SMASH’: Make A Musical Constructed by Lowe’s” | Official Rules | February 19, 2013—March 6, 2013
PRELIMINARY INFORMATION: No purchase necessary. A purchase will not improve your chances of winning. Void where prohibited. Smash: Make A Musical Constructed by Lowe’s (“Contest”) will begin on February 19, 2013 at 10:00 AM ET and end on March 6, 2013 at 5:00 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 to all applicable federal, state and local laws.
ELIGIBILITY: Open only to the members of the faculty of any public or charter middle school or high school located in one (1) of the forty-eight (48) continental United States (“U.S.”) or the District of Columbia (excluding Alaska, Hawaii, Puerto Rico, Guam, the Virgin Islands and other U.S. territories).
SPONSORS: Sponsors of the Contest are NBCUniversal Media, LLC, 30 Rockefeller Plaza, New York, NY 10112, and iTheatrics, 628 West 52nd Street, Suite 1F, New York, NY 10019, and Lowe’s (“Sponsors”). Sponsors and 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 will be referred to herein as “Contest Entities”.
HOW TO ENTER: To enter the Contest, during the Contest Period log on to MakeAMusical.org (the “Website”), click on the Contest Application, and follow the provided instructions to complete and thereafter submit the application, including your name as the “Project Leader” (the “Entry”).
As part of the Entry, you will also be required to submit a dynamic and engaging photo (“Photo”) that represents your school. You may submit Photo online according to the provided instructions on the Website. Photos must be landscape and at least 300 dpi. Photo must have been taken by you and you must have permission of any person identified in Photo. Professional Photos and Photos with watermarks are not eligible.
As part of the Entry, you will also be required to submit a statement of twenty-five (25) words or less (“Essay”) highlighting why the public should vote to improve your school’s performance space. You may submit Essay online according to the provided instructions on the Website. Essay must be original (that is written by you) and submitted in the English language. You must have permission of any person that you identify or otherwise refer to in your Essay.
All Entries become the property of Sponsors, and will not be acknowledged or returned. You must submit the Photo and Essay (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, Lowe’s Companies, Inc. and its subsidiary and affiliated companies (“Lowe’s”) 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. 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 March 6, 2013 at 5:00 PM ET to be eligible for the Contest. Sponsors’ computer shall be the official timekeeper for all matters related to this Contest. Limit one (1) Entry per school. Multiple Entries received from any school beyond this limit will void all such additional Entries. Entries generated by a script, macro, or other automated means will be disqualified. 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 address used to enter will be deemed to be the entrant. “Authorized account holder” is defined as the person who is assigned to an email address by an Internet access provider, online service provider or other organization 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.
SELECTION AND NOTIFICATION OF FIRST ROUND FINALISTS, SECOND ROUND FINALISTS AND GRAND PRIZE WINNER: There will be two (2) rounds of judging: round 1: initial judging to determine the Finalists (defined below); round 2: public voting to determine the Winners (defined below).
Round 1: Initial Judging for the Finalists: On or about March 7, 2013, one (1) or more qualified judges selected by Sponsors (“Judges”) will review all eligible Entries received during the Contest Period and select up to thirty (30) finalists (each a “Finalist”) based on the following judging criteria (“Judging Criteria”): Need of Improvement to the Performance Space (35%), Viable Plan for Implementing the Improvements (25%), Demonstrated Use of Performance Space for Arts Programming (20%), Capable and Committed Staff to Oversee Improvements (10%), Geographic Proximity to a Lowe’s Store (10%). Each Finalist will advance to Round 2: public voting to determine the Winners, 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 Viable Plan for Implementing the Improvements to advance to Round 2: public voting to determine the Winners. 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: public voting to determine the Winners. Sponsors reserve the right to pick fewer than thirty (30) 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.
Round 2: Public Voting for Winners: Beginning on or about March 12, 2013, the Finalists’ Entries will be posted on the Website in a randomized manner for public viewing and voting. On or about March 12, 2013 at 12:01 AM ET until Wednesday, April 10, 2013 at 11:59 PM ET , or on such other dates and at such other times as determined by the Sponsors in their sole discretion (the “Voting Period”), visitors to the Website may vote for his or her favorite Finalist according to Judging Criteria, voting rules, and procedures established by the Sponsors, which will be posted on the Website. The five (5) Finalists who receive the most votes during the Voting Period, as determined by Sponsors in their sole discretion, will be the winners (each a “Winner”), subject to verification of eligibility and compliance with these Official Rules. In the event of a tie, ties will be broken as described with regards to Finalists. The Voting Period, voting rules and procedures and voting methods are subject to change, at the Sponsors’ sole discretion, and any changes will be posted on the Website. Voting is currently limited to one (1) vote per person per day during the Voting Period. Multiple users using a single IP address will be counted as a single vote, per 24 hour period. Sponsors reserve the right to change the limit on the number of votes, in their sole discretion. Notification regarding any such change will be announced on the Website. Winner 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 thirty (30) days of such notification. Noncompliance within this time period will result in disqualification. If a potential Winner cannot be reached or if it is found ineligible, if it cannot or does not comply with the foregoing requirements and these Official Rules, if its prize or prize notification is returned as undeliverable, or if it does not satisfactorily execute all of the Contest Documents, such potential Winner will be disqualified and Sponsors will award the Prize (defined below) to the runner-up Finalist.
PRIZE: There will be five (5) prizes (each a “Prize”) awarded; one (1) Prize will be awarded to each Winner. Each Prize consists of the following: a Lowe’s gift card forcards totaling three thousand dollars ($3,000.00). Prize is subject to certain terms and conditions as specified by issuer.
Estimated Retail Value (“ERV”) of each Prize is three thousand dollars ($3,000.00). ERV of all Prizes is fifteen thousand dollars ($15,000.00). Actual Retail Value (“ARV”) of Prize may vary. Any difference between ERV and ARV will not be awarded. Sponsors will furnish an Internal Revenue Service Form 1099 to Winner for the ARV of Prize for the year in which Prize was won.
Sponsors will determine all details of Prize in their sole discretion. Sponsors reserve the right to substitute 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.
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, Lowe’s, 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 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.; and (e) acknowledges that Submissions may be shared by others, including by way of illustration, not limitation, visitors to the Contest webpage, without any additional permission or consent of entrant. 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 from among all eligible, non-suspect Entries received prior to the time of the event warranting such cancellation, modification, or suspension based on the Judging Criteria above. 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). The use of any automated devices in connection with this Contest is prohibited. If for any reason, the computerized entry portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond the control of Sponsor and/or its affiliates which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right at in its sole discretion to cancel, terminate, modify, or suspend the Contest. In addition, Sponsor reserves the right disqualify any individual who tampers with the entry process in its sole discretion. Neither Sponsor nor its affiliates assume any responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries, including any error that may result in an erroneous appearance of qualification for a prize. Neither Sponsor nor its affiliates are responsible for any problem or technical malfunction of any computer equipment or software that results in loss of entry. WARNING: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY COMPUTERIZED SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH ATTEMPT BE MADE, SPONSOR AND THEIR AFFILIATES RESERVE THE RIGHT TO SEEK DAMAGE FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Contest entries generated by a script, macro or other mechanical or automated means are ineligible and will be disqualified. All entries must include a valid e-mail address for the entrant.
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 May 20, 2013, visit MakeAMusical.org or send a self-addressed, stamped envelope to be received by July 20, 2013 to: Smash: Make A Musical Constructed by Lowe’s, Attention Montse Garriga, 100 Universal City Plaza, Universal City, CA 91608.