NBCUniversal “Stand for Small” Marketing and Creative Services Program

Terms & Conditions

June 10, 2020—August 10, 2020

 
UPDATE NOTICE: These Official Rules have been updated as of July 13, 2020. The entry deadline for the Contest has been changed from July 13, 2020 to August 10, 2020.
 
PRELIMINARY INFORMATION: Void where prohibited. The NBCUniversal “Stand for Small” Marketing and Creative Services Program (“Program”) will begin on June 10, 2020 at 12:01 A.M. ET and end on August 10, 2020 at 11:59 P.M. ET (“Program Period”). All times in the Program refer to Eastern Time (“ET”). Program is subject all applicable federal, state and local laws.
 
 
ELIGIBILITY: The Program is open only to businesses (“Businesses”) that: (i) are located 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); (ii) have between two (2) and one hundred (100) employees; and (iii) have been in business for a minimum of one (1) year prior to the date their application is submitted to Sponsor (defined below). Businesses who are owned (in whole or in part) by or employ any individuals who are officers, directors, or employees of Program 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 apply or be selected for the Program. Program Entities, as referenced herein, shall include NBCUniversal Media, LLC, located at 30 Rockefeller Plaza, New York, NY 10112 (“Sponsor”) and each of its 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 Program. Businesses must have a valid United States tax identification number. Business must be willing to provide all documentation requested by Sponsor to show proof of business status. Business and its Authorized Representative, personally, must be willing to voluntarily submit to and complete a background check as a condition of eligibility. Sponsor may update these eligibility requirements at any time, in its sole discretion. Any individual submitting an application (“Authorized Representative”) must have the authority to agree to these Official Rules personally and as a duly authorized representative of the Business for which such individual is submitting the application.
 
 
HOW TO ENTER: To apply for the Program, during the Program Period, visit the Program website located at https://together.nbcuni.com/nbcuniversal-stand-for-small/ (“Website”) and follow the provided instructions to complete and thereafter submit the application form, which includes information about the Authorized Representative and the Business, as well as details about some of the Business’ challenges and marketing and creative service needs (the “Application”). Application submission does not guarantee that a Business will be selected to potentially receive Services (defined below).

If you choose to apply via your web-enabled mobile device, data rates may apply. See your wireless service provider for details on rates and capabilities. All Applications become the property of Sponsor and will not be acknowledged or returned.

Applications must be received before August 10, 2020 at 11:59 P.M. ET to be eligible for the Program. Sponsor’s computer shall be the official timekeeper for all matters related to this Program. Limit one (1) Application per Business during the Program Period. Multiple applications received from any Business beyond this limit will void all such additional applications. Applications that are incomplete, garbled, corrupted, fraudulent or unintelligible for any reason, including but not limited to illegible handwriting, are void and will not be accepted. Application submission constitutes permission (except where prohibited by law) to use the Business’ name, logo, and other trademarks, as well as the Authorized Representative’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.

In completing and submitting an Application, a Business and its Authorized Representative agree to: (a) provide true, accurate, current and complete information about the Business and its Authorized Representative; and (b) maintain and promptly update any such data or information, as necessary, to keep it true, accurate, current and complete. If any information that the Business or its Authorized Representative provides is untrue, inaccurate, not current or incomplete, Sponsor reserves the right to disqualify the Business from the Program and/or terminate or withhold any offered Services (defined below).
 
 
SELECTION OF BUSINESSES: Sponsor’s selection and compliance committee will review all eligible Applications received during the Program Period and select qualifying eligible Businesses (“Selected Businesses”) to be offered certain Services (defined below) based on the following selection criteria (“Selection Criteria”): (i) challenges faced by the Business, including recent and/or ongoing events (e.g., COVID-19); (ii) what impact the Business can or will have on its community; and (iii) how the Business would be able to use the offered Services. The selection and review process may occur on a rolling basis as Applications are received. Decisions in respect of the offering of Services, including, without limitation, the number of Selected Business and regarding the type of Services offered, will be made by Sponsor in its sole discretion. Sponsor reserves the right to extend the Program Period in its sole discretion. Potential Selected Businesses and/or their Authorized Representatives may be required as a condition of continued eligibility to each sign an affidavit of eligibility, waiver of liability, and, except where prohibited, publicity release. If a Selected Business and/or its Authorized Representative cannot be reached, is found to be ineligible, cannot or does not comply with these Terms and Conditions, or if background check results are unsatisfactory (as determined by Sponsor in its sole discretion), such potential Selected Business will be disqualified.
 
 
MARKETING AND CREATIVE SERVICES: Selected Businesses will be offered the opportunity to receive various marketing and creative services offered by Sponsor (“Services”). The Services offered to each Selected Business will be determined by Sponsor in its sole discretion of Sponsor. Selected Businesses and/or their Authorized Representatives may be required to enter into additional agreements or supplementary terms as a condition of receiving Services.

All details of Services will be determined by Sponsor in its sole discretion. Fair market value of Services may vary. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of Services are the sole responsibility of Selected Businesses. Prior to receiving any Services, Selected Businesses may be required to provide to Sponsor certain documents, including, without limitation, a properly completed Internal Revenue Service (“IRS”) Form W-9 or appropriate IRS Form W-8, as applicable. Offered Services cannot be transferred, assigned or substituted by Selected Businesses or redeemed for cash. If offered Services are unclaimed or unused within a reasonable time after notification from Sponsor, as determined by Sponsor in its sole discretion, such Services will be forfeited.
 
 
CONDITIONS: By applying for the Program, each Authorized Representative agrees for Authorized Representative and its heirs, executors, and administrators, and for the Business for which Authorized Representative is applying and its respective parent, subsidiary, and affiliate companies, and each of their respective officers, directors, and employees, (a) to release and hold harmless Program 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 Authorized Representative and/or Business’ participation in the Program and/or their acceptance, possession, use, or misuse of the Services or any portion thereof; (b) to indemnify Released Parties from any and all liability resulting or arising from the Program 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 Services, including express warranties provided exclusively by person or entity fulfilling the Services; (c) if selected as a Selected Business, to the posting of such Selected Business’ name on the Website and the use by Released Parties of such name, name, logo, and other trademarks 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 Terms and Conditions and to waive any right to claim any ambiguity or error therein or in the Program itself, and to be bound by all decisions of the Sponsor, which are binding and final. Failure to comply with these conditions may result in disqualification from the Program at Sponsor’s sole discretion. At Sponsor’s request, a potential Selected Business and/or its Authorized Representative must be willing to sign an affidavit attesting that such Selected Business and Authorized Representative meets all of the foregoing eligibility requirements and possibly undergo a background check conducted by Sponsor.
 
 
ADDITIONAL TERMS: Sponsor reserve the right to permanently disqualify from the Program any person or entity they believe has intentionally violated these Terms and Conditions. Any attempt to deliberately damage the Program or the operation thereof is unlawful and subject to legal action by Sponsor, who may seek damages to the fullest extent permitted by law. The failure of Sponsor to comply with any provision of these Terms and Conditions 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 Sponsor (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these Terms and Conditions. Released Parties assume no responsibility for any injury or damage to an Authorized Representative and/or Business’, or to any other person or entity’s, computer relating to or resulting from entering or downloading materials or software in connection with the Program. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of application information; for errors in any promotional or marketing materials or in these Terms and Conditions; for any human or electronic error; or for applications that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned. Sponsor reserves the right to cancel, modify, or suspend the Program or any element thereof (including, without limitation, these Terms and Conditions) 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 Terms and Conditions). Notice of such cancellation, modification, or suspension will be posted at Website. Sponsor may prohibit any Authorized Representative or Business, or any potential Authorized Representative or Business, from participating in the Program, if such Authorized Representative or Business, or potential Authorized Representative or Business, shows a disregard for these Terms and Conditions; acts with an intent to annoy, abuse, threaten, or harass any other Authorized Representative, Business, Sponsor, or Sponsor’s agents or representatives; or behaves in any other disruptive manner (as determined by Sponsor in their sole discretion). Sponsor reserves the right to modify these Terms and Conditions for clarification purposes without materially affecting the terms and conditions of the Program.
 
 
DISPUTES: THE PROGRAM 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.