TODAY Cafe Flyaway Sweepstakes
February 26, 2019 – March 12, 2019
PRELIMINARY INFORMATION: NO PURCHASE NECESSARY. A purchase will not improve your chances of winning. Void where prohibited. The TODAY Cafe Flyaway Sweepstakes (“Sweepstakes”) will begin on February 26, 2019 at 8:00 A.M. ET and end on March 12, 2019 at 5:00 P.M. ET (“Sweepstakes Period”). All times in the Sweepstakes refer to Eastern Time (“ET”). Odds of winning depend upon the number of eligible Entries (as defined below) received. Sweepstakes 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 fifty (50) United States or 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 Sweepstakes Period. Officers, directors, and employees of Sweepstakes 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 Sweepstakes. Sweepstakes Entities, as referenced herein, shall include, TODAY, NBCUniversal Media, LLC, 30 Rockefeller Plaza, New York, NY 10112 (collectively, “Sponsors”), Universal City Development Partners, Ltd. d/b/a Universal Orlando Resort, 1000 Universal Studios Plaza, Orlando, FL 32819-7610 (“Prize Provider”), and each of their respective parent, subsidiary, and affiliate companies, and their administrative, advertising, and promotion agencies, and any other entity involved in the development, administration, promotion, or implementation of the Sweepstakes. IF SELECTED AS A WINNER, ENTRANT MUST BE AVAILABLE FOR TRAVEL ON DATES SELECTED BY THE SPONSORS AND PRIZE PROVIDER, WHICH ARE CURRENTLY CONTEMPLATED TO OCCUR IN THE MONTH OF MAY 2019.
TO ENTER: To enter the Sweepstakes, during the Sweepstakes Period, visit TODAY.com/cafe (the “Website”), click on the Sweepstakes Tab, and follow the provided instructions to complete and thereafter submit the entry form, which includes your full name, zip code, telephone number and email address (the “Entry”). If you choose to submit your 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.
You may enter once during the Sweepstakes Period. Multiple Entries received from any person beyond this limit will void all such additional Entries. Entries generated by a script, macro, or other automated means or by any means that subverts the entry process will be disqualified. Entries must be received before March 12, 2019 at 5:00 ET to be eligible for the Sweepstakes. Sponsors’ computer shall be the official timekeeper for all matters related to this Sweepstakes. 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.
WINNER SELECTION AND NOTIFICATION: On or about March 15, 2019, one (1) potential winner (“Winner”) will be selected in a random drawing by representatives of Sponsors from all eligible Entries received during the Sweepstakes Period. 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 Sweepstakes Entities and/or any prize provider, as applicable, if necessary. Potential Winner) may be required to execute and return an affidavit of eligibility, release of liability, and, except where prohibited, publicity release (collectively, “Sweepstakes Documents”) within two business days (2) days of such notification. Noncompliance within this time period will result in disqualification, and, at Sponsors’ sole discretion an alternate potential Winner may be selected from the remaining eligible Entries. If 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 time permitting, at Sponsors’ sole discretion, an alternate potential Winner may be selected from the remaining eligible Entries. Limit one (1) Prize per family or household.
PRIZE: There will be one (1) prize awarded (“Prize”) to Winner. Prize will consist of a trip (“Trip”) for Winner and up to three (3) guests, (“Guests”, each a “Guest”) consisting of the following: round trip economy class air transportation for Winner and up to three (3) Guests, from a major commercial airport near Winner’s home (as determined by Prize Provider in their sole discretion) to Orlando, FL*; three (3) nights standard hotel accommodation (one room, quadruple occupancy, room and tax only) at Loews Sapphire Falls Resort or at another Universal Orlando Resort hotel (as determined by Prize Provider in their sole discretion); non-exclusive ground transportation to and from airport and hotel in Orlando, FL; 3-Park 3-Day Park-to-Park theme park tickets for admission to Universal Studios Florida and Universal’s Islands of Adventure theme parks and Universal’s Volcano Bay water theme park for Winner and up to three (3) Guests; admission to one (1) Blue Man Group Show (exact date and time to be determined by Prize Provider in their sole discretion) for Winner and up to three (3) Guests; and the opportunity for the Winner and up to three (3) Guests to attend the TODAY Show Cafe Grand Opening Celebration and a taping of The TODAY Show at Universal Studios Florida currently set to take place in May 2019 (on a date to be determined by Sponsors and Prize Provider in their sole discretion). If any Guest is a minor, Winner or another Guest must be such minor’s parent or legal guardian.
The Grand Opening Celebration and TODAY Show Taping may collectively be referred to herein as “Event” or “Events.”
Estimated Retail Value (“ERV”) of Prize is Three Thousand Seven Hundred One and 44/100 dollars ($3,701.44) Actual Retail Value (“ARV”) may vary based on, among other things, availability, existing rates at time of booking, dates of travel, and point of departure. Any difference between ERV and ARV will not be awarded. For any Prize with an ARV of six hundred dollars ($600) or greater, Sponsors will furnish an Internal Revenue Service Form 1099 to Winner for the ARV of Prize for the year in which Prize was won.
All details of Prize will be determined by Sponsor and/or Prize Providers in their sole discretion. Sponsors and/or 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 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.
Winner and Guests must be able to travel in May 2019 (or on such other dates designated by Prize Provider) in order to coincide with the Events. If Winner is unable to travel during this time period, Prize may be forfeited and alternative potential Winner may be chosen. Travel arrangements must be made through Prize Provider. Certain travel restrictions and black out dates may apply. Sponsors have the right in their sole discretion to substitute ground transportation for air transportation depending on Winner’s place of residence. Winner and Guests must travel together on the same itinerary, including the same departure date, destination and return date, and must have valid travel documents (e.g., valid government issued photo ID and/or passport) prior to departure, and failure to do so will result in forfeiture of Prize. Sponsors and Prize Provider will not replace any lost or stolen tickets, travel vouchers or certificates. Once travel commences, no unscheduled stopovers are permitted; if an unscheduled stopover occurs, full fare will be charged from stopover point for the remaining segments, including return, of the Trip. Sponsors and Prize Provider are not liable for any expenses incurred as a consequence of flight cancellation/delay. Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. All travel and lodging will be at the risk of Winner and Guest. Winner is solely responsible for all expenses and costs associated with acceptance and/or use of Prize not specifically stated herein as being awarded, including, without limitation any and all taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prize, travel insurance, ground transportation (other than as described above), security and airport fees, taxes, insurance, gasoline, meals, gratuities, and souvenirs. Sponsors shall have the right, but not the obligation, to make any deductions and withholdings that Sponsors deem necessary or desirable under applicable federal, state and local tax laws, rules, regulations, codes or ordinances.
Travel dates and arrangements are subject to air travel, holiday, blackout dates, and other prize and travel restrictions. Travel dates are subject to Prize Provider and Sponsor approval. Reservations are subject to availability. Trip must be booked at least fourteen (14) days prior to intended departure date. If Winner elects to partake in any or all portions of his/her Prize with fewer than the allotted number of Guests or no Guest, the Prize will be awarded to Winner and each participating Guest and any remainder of the Prize will be forfeited and shall not be subject to further or alternative compensation. All elements of the Prize must be redeemed at the same time, and no changes will be permitted after confirmation of any redemption. If Winner is between the ages of eighteen (18) and twenty-one (21), he/she must be accompanied by an adult of at least twenty-one (21) years of age in order to check into the hotel. Unless child or ward of Winner or one of the allotted Guests, each Guest must be eighteen (18) years of age or older as of the date of departure and must travel on the same itinerary and at the same time as the Winner.
* For a winner who is a Florida resident, air transportation may be substituted with another method of transportation by Prize Provider in its sole discretion.
Sponsors 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 Prize due to reasons beyond Sponsors’ control, and are not responsible or liable for any expenses incurred as a consequence thereof. Date and/or time of Events are subject to change and/or cancellation. If Winner(s) chooses to attend the Event with fewer than three (3), or no, Guest(s), the remaining elements of Prize shall constitute full satisfaction of Sponsors and Prize Provider’s Prize obligation to Winner and no additional compensation will be awarded. Guests, if any, may be required to execute and return releases of liability and, where legal, publicity releases (collectively, “Guest Documents”), which must be returned with the Sweepstakes Documents, or Guest portion of the Prize will be forfeited. If any Guest is a minor, Winner or another Guest must be such minor’s parent or legal guardian and must execute and return the Guest Documents on such minor’s behalf.
Trip Conduct: Winner and Guests shall conduct themselves with due regard to the public conventions and morals. The Winner and Guests shall not, while a guest of the Sweepstakes Entities during the Trip, commit an offense involving moral turpitude under local laws or ordinances. The Winner and Guests shall not commit any act that will tend to degrade the Sweepstakes Entities in society or bring the Sweepstakes Entities into public hatred, public disrepute, contempt, scorn, or ridicule or that will tend to shock, insult or offend the community or public morals or decency or prejudice the Sweepstakes Entities. In the event the Winner or Guests engage in the above or behavior that (as determined by Sweepstakes Entities in their sole discretion) is obnoxious or threatening, illegal, or that is intended to annoy, abuse, threaten, or harass any other person, the Sweepstakes Entities reserve the right to terminate the Trip early and send the Winner and Guests home with no further compensation.
CONDITIONS: By entering the Sweepstakes, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators (a) to release and hold harmless Sweepstakes Entities 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 Sweepstakes 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 Sweepstakes 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 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 Sweepstakes 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 Sweepstakes 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 Sweepstakes 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 Sweepstakes. 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 Sweepstakes 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 on the Website. Sponsors may prohibit any entrant or potential entrant from participating in the Sweepstakes, 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). Sponsor reserves the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes.
DISPUTES: The Sweepstakes 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.; PROVIDED, HOWEVER THAT CLAIMS FOR BODILY INJURY, PERSONAL INJURY, OR PROPERTY DAMAGE ARISING OUT OF THE REDEMPTION, USE OR MISUSE OF THE PRIZE (“PRIZE CLAIMS”) MUST BE SUBMITTED TO THE JURISDICTION AND VENUE OF THE FEDERAL AND STATE COURTS OF THE STATE OF FLORIDA, AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA. EXCLUDING PRIZE CLAIMS,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 name of the Winner(s), available after April 30, 2019, send a self-addressed, stamped envelope to be received by June 30, 2019 to: TODAY Café Flyaway, 30 Rockefeller Plaza #2750E-5 New York, NY 10112.
Universal City Development Partners, Ltd. d/b/a Universal Orlando Resort is the Prize Provider only in this Sweepstakes; is not a sponsor of this Sweepstakes; and, is not responsible for the administration of the Sweepstakes, the collection of the entries or the conduct of the draws.