NBCUniversal Media, LLC (“NBCU”) located at 30 Rockefeller Plaza, New York, NY 10112 invites you to join in the fun with The TODAY Show (the “Program”) by giving you the opportunity to submit a video of you describing your passion or goal (the “Submission”) on our website at Today.com (the “Website”). Your Submission should be original. You must have the permission of any person who appears in your Submission or who you identify in your Submission. In order to participate, you must be at least eighteen (18) years old. If you are submitting a video of a minor, you must be the parent or legal guardian of any minor who appears in your Submission.
- Your Submission must not contain, reference or promote any brand names, products or services of any company that you do not own or control, or any NBCU or third party trademarks, copyrighted content, logos or trade dress.
- Your Submission must not contain any personal information (e.g., the full name, e-mail address or phone number of any individual); if your Submission contains personal information, it is your sole responsibility to remove it.
- Your Submission must not contain content, images or other material that is misleading, indecent, offensive, sexually explicit, tortious, disparaging, defamatory, slanderous, or libelous, or depicts an unsafe practice.
- Your Submission must not contain content, images, or other material that reflect, advocate, or promote bigotry, racism, hatred, harm, or exploitation of or against any class, group or individual, discrimination based on race, gender, religion, nationality, disability, sexual orientation or age.
- Your Submission must not contain content, images, or other material that infringes the intellectual property rights of NBCU or another person or entity, or otherwise violates any applicable federal or state laws or regulations.
- Your Submission must be submitted in compliance with the format and other terms and conditions set forth on the Website used to submit your Submission; such requirements are a part of these Submission Terms and are incorporated by reference.
By submitting your Submission, you agree to the following terms and conditions:
Your Submission may be broadcast on-air and/or included on the Website, on the Program’s social accounts (e.g., Facebook, Twitter and Instagram), and in all manner of advertising and promotion for the Program (collectively, the “Materials”). Accordingly, you grant to NBCU, its licensees, successors and assigns a non-exclusive, royalty-free, and irrevocable right and license to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit your Submission (including without limitation any photos, drawings, creative designs, footage, or promotional or marketing material provided and/or created by you) and to incorporate your Submission in the Materials and in any other works in any and all markets and media now known or hereafter devised, throughout the world in perpetuity, without additional notification, permission, approval, or compensation.
You warrant that you have the right to grant such rights to NBCU, its licensees, successors and assigns and that the exploitation of your Submission by NBCU, its licensees, successors and assigns will not infringe on any rights of third parties, including, without limitation, copyright, trademark, patent, privacy, or publicity rights, or create claims for defamation, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract.
By submitting your Submission, you consent to the recording, airing, use and reuse by NBCU, its licensees, successors and assigns, of your Facebook, Instagram, or Twitter username, your voice, actions, likeness, name, appearance, social media profile photograph, performance, biographical material, and any other identifying information, including, without limitation, any information contained in your Submission, as used, edited, altered, fictionalized or modified by NBCU, its licensees, successors and assigns, in its/their sole discretion, in any and all media now known or hereafter devised, throughout the world, in perpetuity, including, without limitation, in and in connection with NBCU, or related sites or services, in and in connection with any television programs and other productions, and in and in connection with advertising, promotion and publicity for NBCU.
You acknowledge and agree that NBCU, its licensees, successors and assigns, will be entitled to retain any and all revenue generated from any NBCU activities associated with the rights granted by you hereunder, as well as any and all revenue generated by the display of any advertising, publicity, promotional materials or distribution rights in connection with your Submission or the Materials. Nothing in these Submission Terms obligates or may be deemed to obligate NBCU or any other person or entity to exercise any of the rights granted by you under these Submission Terms. NBCU, its successors, licensees and assigns, will have the unlimited right to assign these Submission Terms and the rights granted by you under these Submission Terms at any time, in whole or in part, to any party. You agree that NBCU, its licensees, successors and/or assigns, shall have no obligation to give you credit for your Submission, but in their sole discretion may elect to do so.
Your Submission will not be acknowledged or returned. You acknowledge and agree that you are sending your Submission voluntarily, and not in confidence, and that no confidential relationship is intended or created between NBCU and/or any other person or entity, on the one hand, and you, on the other hand, by your submission of your Submission.
You understand that there will be no payment for your Submission or the use of your Submission. You understand that no industry custom or practice applies to this agreement. You understand that if your Submission is selected for use, such use will not be considered an employment opportunity. If you do not want your Submission to be used and broadcast by NBCU, its licensees, successors and assigns, then please do not participate.
You understand that although you may believe your Submission to be unique and novel, there may be pre-existing ideas, concepts, or proposals that are similar to your Submission. By submitting your Submission, you recognize that other persons, including NBCU’s own employees, may have submitted to NBCU or others, or made public, or may in the future originate and submit or make public, similar or identical ideas, concepts, or proposals that NBCU may have the right to use, and you understand that you will not be entitled to any compensation because of NBCU’s use of such similar or identical ideas, concepts, or proposals in any manner. You understand and agree that NBCU’s use of material containing features or elements similar or identical to those contained in your Submission will not obligate NBCU to negotiate with you or entitle you to any compensation if NBCU determines that it has an independent legal right to use that other material for any reason (for example, because the features or elements are not new or novel, were not originated by you, or were or may hereafter be independently created and submitted by other persons, including your employees).
You understand and acknowledge that (i) it is your sole responsibility to evaluate whether your participation may adversely affect the ability to secure or maintain proprietary rights under the patent, trademark, trade secret or other intellectual property laws of any country or state, and to obtain such legal advice and consultation as necessary in connection with all such potential adverse consequences, as well as all other matters relating to your participation, including, without limitation, your legal rights related to your participation and any invention, idea, design, business model, proposal, or material that is discussed or related in connection with your Submission; and (ii) no evaluation, determination, legal advice or counseling for your benefit or on your behalf with the respect your participation or the application of such laws, to your Submission or otherwise, is or will be offered, made, or given by NBCU, or any of their agents, representatives, employees, independent contractors or anyone else on their behalf.
[You covenant and agree that you will not, either directly or indirectly, initiate, assign, maintain or prosecute, or in any way knowingly aid or assist in the initiation, maintenance or prosecution of, any claim, demand or cause of action at law or otherwise, against NBCU for infringement of any patent that is included in your Submission or claims priority to any patent or patent application listed in your Submission, or that covering a product, or technology or Submission you disclose in the course of your participation and that you own or on which you are listed as an inventor. You agree that this covenant not to sue shall extend to NBCU’s suppliers, developers, partners, resellers, distributors, wholesalers, agents, end-users, and customers (“Users”), but only to the extent that such Users’ activities relate to the products or services of, or provided by, NBCU. You agree that this covenant will run with title to the Patents and will bind any person or entity to whom rights in the Patents are assigned or otherwise transferred or conveyed.
You represent and warrant that you have had an opportunity to fully discuss the potential adverse consequences associated with your participation and the disclosure of your Submission and/or Patents, as well as the patent, trademark, trade secret, copyright, other intellectual property and other applicable laws, and any other matter with your own independent legal counsel, and that you knowingly and voluntarily accept any and all risks with respect thereto. You fully understand that if you have any questions or concerns at any time, you shall discuss them with your own independent legal counsel. You recognize that these terms are no way intended to be a substitute for the explanations and advice that have been provided by your own independent legal counsel.