Official Rules
January 4, 2010 – January 31, 2010
PRELIMINARY INFORMATION: No purchase necessary to enter or win. Void where prohibited. The Be a Local TV Chef Contest (the “Contest”) will begin on January 4, 2010 at 12:00pm Eastern Time (“ET”) and end on January 31, 2010 at 11:59pm ET (“Contest Entry Period”). Entry into this Contest constitutes your acceptance of these Official Rules. The Contest will be run in conjunction with The 10! Show (the “Show”), which airs weekdays at 11:00 am ET on WCAU (“NBC10”). All times in this Contest refer to Eastern Time. NBC Universal, Inc. (“NBC”), 30 Rockefeller _Plaza, New York, NY 10112, and the Community College of Philadelphia, 1700 Spring Garden Street, Philadelphia, PA 19130,shall be the sponsors (“Sponsors”) of this Contest.
ELIGIBILITY: Open only to legal, permanent U.S. residents physically residing within the NBC10 WCAU terrestrial geographic viewing area in the counties of Berks, Lehigh, Northampton, Bucks, Montgomery, Chester, Delaware, and Philadelphia in the state of Pennsylvania; the counties of Burlington, Camden, Gloucester, Cape May, Atlantic, Salem, and Cumberland in the state of New Jersey; and the counties of New Castle and Kent in the state of Delaware; who are eighteen (18) years of age or older and the age of majority in their state of residence as of the start of the Contest Entry Period. Contestants must not posses any professional culinary training, nor hold a professional culinary position that constitutes their main source of income. Employees of the Community College of Philadelphia, NBC, NBC’s affiliated TV stations or websites, their respective advertising and promotion agencies, their parent, subsidiary and joint venture companies, and members of their immediate families (spouses, and parents, children, siblings and their spouses, regardless of where they reside) and members of the households of any of the above (whether or not related thereto) are not eligible to enter or win the Contest. Contestants must also be of good moral character. NBC10 reserves the right to exclude anyone convicted of a crime (other than moving violations of a misdemeanor type that did not involve personal injury, drugs or alcohol). Contestants must have nothing in their background that would be an embarrassment to NBC or the Show, and contestants may not be elected officials or currently running for any political office (local, state or federal). Each contestant must be willing to sign a publicity release and an affidavit attesting that each contestant meets all of the foregoing eligibility requirements and send this affidavit/publicity release with their entry as required or otherwise at NBC10’s request. NBC10 reserves the right to disqualify contestants for not meeting any of the requirements outlined above or for any other reasons, in NBC10’s sole discretion. Contestants must agree that, if selected as a Semi-Finalist or Finalist (both as defined below), they will be available to travel to Philadelphia, PA on dates chosen by NBC10, which are subject to change in the sole discretion of NBC10.
Please note that by entering you agree that if you are chosen as a potential Semi-Finalist you will undergo a background check conducted by NBC10 at its sole discretion and, if necessary, you will sign waiver forms authorizing the release of your personal and background information.
HOW TO ENTER: To enter, access the NBC10 Website at www.nbcphiladelphia.com, and search for the keywords “local TV chef.” Follow the provided instructions to print and thereafter complete the entry form, including your name, address, telephone number, email address, and date of birth, for inclusion with your mail-in entry. Then make an original video explaining why you want to be the next Local TV chef (the “Video”). If a Video is longer than three (3) minutes, only the first three (3) minutes will be reviewed and judged. You may submit your Video using either the VHS or DVD formats. Then, print your name, address, telephone numbers (daytime and evening) and email address on a label, and affix the label to your Video. Send the labeled Video, and your completed Entry Form (including a signed copy of the Affidavit of Eligibility/Publicity Release, as required) (“Entry”) in a single package to the following mailing address: The 10! Show, NBC, c/o “Be the Next Local TV Chef” Contest, 10 Monument Road, Bala Cynwyd, PA 19004. All mail in entries must be postmarked by January 26, 2009 and received no later than January 31, 2009.
Limit one (1) entry per person or household for the duration of the Contest Entry Period. Multiple entries received from any person above this limit will void all such additional entries and only the first eligible entry received from such person or household will be eligible for entry. Videos must be original, truthful, unpublished, created solely by the submitting contestant, must not have been submitted in any other competition, and must not include any music, singing, photos, film, or other images that are not originally taken or created by you and must not infringe upon any rights of any third party, including but not limited to copyright, trademark, and right of privacy and publicity. There must not be any background containing artwork or recognizable commercial logos, or any inappropriate or offensive materials in the Video. In case of a dispute over the identity of a contestant who submitted a potentially winning Entry, NBC10 reserves the right to deem that the Entry was submitted by the registered subscriber of the email address submitted at the time of Entry.
By entering, you agree that you created the Video and that you have any required permissions to submit your Entry to the Contest subject to the terms of these Official Rules. Entries that are incomplete, illegible, garbled, late, damaged, corrupted, or postage due are void and will not be accepted. By entering, you agree that the Video and any other portion of your Entry may be broadcast on NBC10 and in promotions and advertisements for the Show. All Entries become the property of the Show and NBC10, and will not be acknowledged or returned.
By entering the Contest, contestant grants NBC and the Show the non-exclusive, royalty-free, and irrevocable right to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, edit (including for length), and otherwise exploit the contestant’s Video, and to incorporate the Video in other works in any and all markets and media now or hereafter known worldwide in perpetuity without additional compensation, notification, permission or approval. Contestants warrant that they have the sole and exclusive right to grant such rights to NBC10 and the Show and that NBC10 and the Show’s reproduction, publishing, displaying, and/or other use of their Entry, or any portions thereof will not infringe on any rights of third parties, including, without limitation, copyright, trademark, defamation, privacy, or publicity, or create claims for false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract. Any Videos containing material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive or that does not comply with these Official Rules or meet NBC10 standards for any reason, as determined by NBC10 in its sole discretion, will be rejected as ineligible for consideration. Entries must comply with all applicable laws, rules, and regulations. Contestant also warrants that he/she has obtained written permission when recording his/her Video on private property not owned or controlled by contestant, where such permission is required. Upon request, you must provide NBC10 with signed releases from the owners of any private property where you recorded your Video. NBC10 shall have no obligation to copy, publish, display, or otherwise exploit the Videos.
SELECTION AND NOTIFICATION OF THE SEMI-FINALISTS, FINALISTS, AND GRAND PRIZE WINNER: There will be five (5) rounds of judging: Round 1: Quarter-Finalist Judging, Round 2: Semi-Finalist Judging, Round 3: Finalist Judging, and Round 4: Grand Prize Judging.
(A) Round 1 Judging. Qualified judges comprised of employees of NBC10 (“Judges”) will review the eligible Entries received during the Contest Entry Period and select up to five (5) contestants (each a “Round 1 Winner”) based on the following judging criteria measured on a 100-point scale: passion (twenty-five (25) points), personality (twenty-five (25) points), creativity (twenty-five (25) points), and knowledge of cooking tools and ingredients (twenty-five (25) points). The selection and review process may occur on a rolling basis as Entries are received. Judging will be based on the Videos as well as any telephone or personal interviews or other solicitations for more information that NBC10 may elect to conduct with some or all-potential Round 1 Winners. In the event of a tie, the Judges will break the tie by selecting the tied contestant who received the highest points for creativity from the Judges. NBC10 will make two (2) attempts to notify potential Round 1 Winners in person or at the phone number and/or email address submitted at the time of entry. All Round 1 Winners will be required as a condition of continued eligibility to complete and sign an Affidavit of Eligibility, Waiver of Liability, and, except where prohibited, Publicity Release (collectively, “Contest Documents”) within three (3) days of such notification. Noncompliance within this time period will result in disqualification. Each potential Round 1 Winner must agree to make themselves available to be in Philadelphia, PA on March 18, 2010, or on such other dates designated by NBC10 in its sole discretion and agree to appear live on the Show and to otherwise be available to be videotaped and/or interviewed by the Show, in their homes, or in the broadcast studio in Bala Cynwyd (or in another location selected by NBC10 in its sole discretion). If for any reason any of the Round 1 Winners do not meet any of the above requirements, or do not satisfactorily execute all of the Contest Documents, each as determined by NBC10 in its sole discretion, may be disqualified and the Judges may select the runner-up with the next highest score based on the judging criteria above as an alternate potential Round 1 Winner. Each potential Round 1 Winner must agree to keep in strictest confidence and not to disclose to any person, including other contestants, or any other third party, any information whatsoever concerning the fact that they are potential Round 1 Winners. NBC10 reserves the right to pick fewer than five (5) Round 1 Winners or to extend the Contest Entry Period, if in its sole discretion, it does not receive a sufficient number of eligible and qualified entries.
(B) Round 2: Quarter-Finalist Judging. Beginning on or about March 18, 2010, the Round 1 Winners will appear on the Show, in order to compete in the “Signature Dish” challenge, in which contestants will prepare a “signature dish” with a limited budget determined by NBC10 in its sole discretion. The “signature dishes” will be reviewed by the Judges, as well as potential featured guest judges, based on the following judging criteria: taste (fifty (50) points), originality of presentation (twenty-five (25) points), and creativity of ingredients (twenty-five (25) points). The four (4) contestants that receive the most points from the Judges based on the judging criteria above will be deemed Quarter-Finalists and will advance to Round 3: Semi-Finalist Judging. In the event of a tie in Round 2: Quarter-Finalist Judging, the tied Quarter-Finalist Entries will be judged by an additional tie-breaking judge using the judging criteria above to determine which of the tied Quarter-Finalists will advance to Round 3: Semi-Finalist Judging. NBC10 reserves the right to advance fewer than four (4) Quarter-Finalist Entries to Round 3: Semi-Finalist Judging for any reason, including if, in its sole discretion, it did not receive a sufficient number of eligible and qualified Entries during the Contest Entry Period. NBC10 will make two (2) attempts to notify potential Quarter-Finalists in person or at the phone number and/or email address submitted at the time of entry. Each potential Quarter-Finalist must agree to make themselves available to be in Philadelphia, PA on March 25, 2010, or on such other dates designated by NBC10 in its sole discretion and agree to appear live on the Show and to otherwise be available to be videotaped and/or interviewed by the Show, in their homes, or in the broadcast studio in Bala Cynwyd, PA (or in another location selected by NBC10 in its sole discretion).
(C) Round 3: Semi-Finalist Judging. Beginning on or about, March 25, 2010, the Quarter-Finalists will appear on the Show, in order to compete in the “On a Budget” challenge, in which contestants will prepare a main course and side dish (a “Meal”) with a limited budget determined by NBC10 in its sole discretion. The Meals will be reviewed by the Judges, as well as potential featured guest judges, based on the following judging criteria: taste (fifty (50) points), originality of presentation (twenty-five (25) points), and creativity of ingredients (twenty-five (25) points). The three (3) contestants that receive the most points from the Judges based on the judging criteria above will be deemed Finalists and will advance to Round 4: Finalist Judging. In the event of a tie in Round 3: Semi-Finalist Judging, the tied Semi-Finalist Entries will be judged by an additional tie-breaking judge using the judging criteria above to determine which of the tied Semi-Finalists will advance to Round 4: Finalist Judging. NBC10 reserves the right to advance fewer than three (3) Semi-Finalist Entries to Round 4: Finalist Judging for any reason, including if, in its sole discretion, it did not receive a sufficient number of eligible and qualified Entries during the Contest Entry Period. NBC10 will make two (2) attempts to notify potential Finalists in person or at the phone number and/or email address submitted at the time of entry. Each potential Semi-Finalist must agree to make themselves available to be in Philadelphia, PA on April 1, 2009, or on such other dates designated by NBC10 in its sole discretion and agree to appear live on the Show and to otherwise be available to be videotaped and/or interviewed by the Show, in their homes, or in the broadcast studio in Bala Cynwyd, PA (or in another location selected by NBC10 in its sole discretion).
(D) Round 4: Finalist Judging. Beginning on or about April 1, 2010, the Semi-Finalists will appear on the Show, in order to compete in a “Presentation” competition, in which each contestant will be judged on how well he/she presents his/her dish to a television audience. The contestants’ presentation skills will be reviewed by the Judges, as well as potential featured guest judges, based on the following judging criteria: taste (ten (10) points), originality of presentation (seventy-five (75) points), and creativity of ingredients (fifteen (15) points). The two (2) contestants that receive the most points from the Judges based on the criteria above will be deemed Finalists and will advance to Round 5: Grand Prize Judging. In the event of a tie in Round 4: Finalist Judging, the tied Finalist Entries will be judged by an additional tie-breaking judge using the judging criteria above to determine which of the tied Finalists will advance to Round 5: Grand Prize Judging. NBC10 reserves the right to advance fewer than two (2) Finalist Entries to Round 5: Grand Prize Judging for any reason, including if, in its sole discretion, it did not receive a sufficient number of eligible and qualified Entries during the Contest Entry Period. NBC10 will make two(2) attempts to notify potential Finalists in person or at the phone number and/or email address submitted at the time of entry. Each potential Finalist must agree to make themselves available to be in Bala Cynwyd, PA on April 8, 2010, or on such other date designated by NBC10 in its sole discretion and agree to appear live on the Show and to otherwise be available to be videotaped and/or interviewed by the Show, in their homes, or in the broadcast studio in Bala Cynwyd, PA (or in another location selected by NBC10 in its sole discretion). If a potential Finalist cannot be reached or if he/she is found to be ineligible, if he/she cannot or does not comply with the foregoing requirements and/or these Official Rules, potential Finalist will be disqualified and Semi-Finalist with the next highest score based on the judging criteria above may be chosen as Finalist.
(E) Round 5: Grand Prize Judging. On or about April 8, 2010, following the Round 4: Finalist Judging period, the two (2) Finalists will appear on the Show, in order to compete in a “Mystery Box” competition, in which each Finalist will prepare one (1) dish made with ingredients unknown to them until the beginning of Round 5: Grand Prize Judging. The “Mystery Box” dishes will be reviewed by the Judges, as well as potential featured guest judges, based on the following judging criteria: taste (twenty-five (25) points), originality of presentation (twenty-five (25) points), and creativity of ingredients (fifty (50) points). The contestant that receives the most points from the Judges based on the criteria above will be deemed the potential grand prize winner (“Grand Prize Winner”). The Grand Prize Winner will be announced on the Show on April 16, 2010 and will be awarded the grand prize (“Grand Prize”). In the event of a tie in Round 5: Grand Prize Judging, the tied Grand Prize Entries will be judged by an additional tie-breaking judge, using the judging criteria above, to determine which of the tied Finalists will be the Grand Prize Winner. The potential Grand Prize Winner must agree to make him or herself available and agree to appear live on the Show, if requested to do so by the Show and to otherwise be available to be videotaped and/or interviewed by the Show, in their homes, or in the broadcast studio in Bala Cynwyd, PA (or in another location selected by NBC10 in its sole discretion), on dates selected by NBC10. If a potential Grand Prize Winner cannot be reached or if he/she is found to ineligible, if he/she cannot or does not comply with the foregoing requirements and these Official Rules, or if his/her prize or prize notification is returned as undeliverable, potential Grand Prize Winner will be disqualified and NBC10 will award the prize to the runner-up Finalist.
The decisions of the Judges and NBC10 are final and binding. Contestants agree that NBC10 may record and broadcast NBC10 advising contestant that he or she has been selected as a Semi-Finalist, Finalist and/or Grand Prize Winner in NBC10’s sole discretion. NBC10 reserves the right to make public personal information about the contestants on-air, prior to, during, or following the Contest.
PRIZE: Grand Prize: There will be one (1) Grand Prize awarded consisting of one (1) semester-long culinary class at the Community College of Philadelphia and ten (10) live cooking segments on the Show (“Cooking Segments”). The Estimated Retail Value (“ERV”) of the Grand Prize is 3000 dollars ($). Cooking Segments have no cash equivalent value. The nature of the Cooking Segments will be determined by NBC10 in its sole discretion.
NBC10 will determine all prize details in its sole discretion. NBC10 reserves the right to substitute a prize (or prize element) of comparable or greater value for any reason at NBC10’s sole discretion. Note: All ingredients used for the Grand Prize live cooking segments and any cooking utensils not supplied by The 10! Show kitchen must be provided by the Grand Prize Winner. All taxes and other unspecified expenses, costs, or fees associated with the acceptance and/or use of Grand Prize are the sole responsibility of Winner. Grand Prize cannot be transferred by Winner or redeemed for cash and is valid only for the items detailed above, with no substitution of Grand Prize by Winner. If Grand Prize is unclaimed prior to dates designated by NBC10 in its sole discretion, it will be forfeited. If a prize element is not available for any reason, as determined by NBC10 in its sole discretion, the remaining elements of Grand Prize shall be awarded and shall constitute full satisfaction of NBC10’s prize obligation to Winner and no additional compensation will be awarded.
If the Show is not in production or is cancelled prior to or pre-empted during the period in which Cooking Segments were to take place, the remaining elements of Grand Prize shall be awarded and shall constitute full satisfaction of Sponsors’ Grand Prize obligation to Grand Prize Winner and no additional compensation will be awarded. If Grand Prize Winner fails to appear in a timely manner for the Cooking Segments, as determined by NBC10 in its sole discretion, the Cooking Segments may be cancelled and Grand Prize may be forfeited. No person other than Grand Prize Winner and persons deemed necessary by NBC10 in its sole discretion may be present at the Cooking Segments. If NBC10, in its sole discretion, elects to incorporate the audio and video recording of the Cooking Segments (“Recordings”) into the Show or other television shows, the Cooking Segment and/or the Recordings will not be considered an employment opportunity, and Grand Prize Winner will not be entitled to compensation or credit therefore. The nature of the Recordings will be determined by NBC10 in its sole discretion. If the Cooking Segments and/or the Recordings are broadcast, such broadcast will be at a time, for a length of time, and on a date determined by NBC10 in its sole discretion. Grand Prize Winner will be required to return completed, signed, and notarized appearance and location releases and such other documents as may be required by NBC10. Failure of Grand Prize Winner to complete and execute these documents in a timely manner, as determined by NBC10 in its sole discretion, may cause disqualification and Grand Prize may be forfeited by Grand Prize Winner at NBC10’s sole discretion. The content of the Cooking Segments and/or the Recordings as, and if, finally broadcast and the number of broadcasts and re-broadcasts thereof, if any, will be determined by NBC10 in its sole discretion. Grand Prize Winner will have no right of review, notice, or approval of the content of the Recordings or any broadcast thereof. NBC10 has the right, in its sole discretion, to disqualify Grand Prize Winner, cause the Grand Prize to be forfeited, and remove Grand Prize winner from the Show at any time, if Grand Prize Winner’s behavior is deemed by NBC10 to be disruptive or if it may or does cause damage to person, property, or reputation of NBC10 or if it otherwise violates the policies of NBC10, or if Grand Prize Winner does not follow the directions of NBC10 at all times. These Official Rules and the Contest itself are neither a contract nor an application for employment.
CONDITIONS: By entering the Contest, each contestant agrees for contestant and for contestant’s heirs, executors and administrators (a) to release and hold harmless NBC10, NBC, the Community College of Philadelphia and their parents, subsidiaries, affiliates, 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 contestant’s participation in the Contest (including any travel related thereto) and/or his/her acceptance, possession, use, or misuse of a prize, or any portion thereof; (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 any prize, including express warranties provided exclusively by the prize supplier that are sent along with a prize; (c) if selected as the Grand Prize Winner, to the posting of such contestant’s name on the Website and the use by Released Parties of such name, voice, image, and/or likeness in any and all media now or hereafter known 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 actions of NBC10 and Judges, whose decisions are final and binding. Failure to comply with these conditions may result in disqualification from the Contest at Sponsors’ sole discretion.
ADDITIONAL TERMS: NBC10 and the Community College of Philadelphia reserve the right to terminate the Contest or 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 NBC10 and the Community College of Philadelphia, who may seek damages to the fullest extent permitted by law. NBC10 and the Community College of Philadelphia reserve the right to cancel, suspend or modify 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, NBC10 and the Community College of Philadelphia reserve the right to select a Quarter-Finalist, Semi-Finalist, Finalist, and/or Grand Prize Winner, as applicable, and award the Grand Prize in their sole discretion 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 described above. Notice of such cancellation, modification or suspension will be posted on the Website. NBC10 may prohibit any contestant or potential contestant from participating in the Contest, if such contestant or potential contestant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other contestant, NBC10, the Community College of Philadelphia, or agents or representatives of NBC10 and/or the Community College of Philadelphia; or behaves in any other disruptive manner (as determined by NBC10 and/or the Community College of Philadelphia in its sole discretion).
The failure of NBC10 and/or the Community College of Philadelphia 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 (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 contestants’ 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 publicity, promotional, advertising 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, returned, corrupted or postage due.
Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of you and the Contest sponsor(s) in connection with the Contest (if any), 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. YOU AGREE THAT IF ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE OFFICIAL RULES, THE BREACH OF ANY TERM HEREOF, OR YOUR PARTICIPATION IN CONNECTION WITH THE SWEEPSTAKES CANNOT BE SETTLED THROUGH DIRECT DISCUSSIONS, THE PARTIES SHALL ENDEAVOR FIRST TO SETTLE THE CONTROVERSY OR CLAIM BY MEDIATION CONDUCTED IN THE CITY OF NEW YORK AND ADMINISTERED BY JAMS UNDER ITS APPLICABLE RULES. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, YOU AGREE THAT IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION CONDUCTED IN THE CITY OF NEW YORK, AND ADMINISTERED BY JAMS IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (THE “JAMS RULES”, AVAILABLE AT WWW.JAMSADR.COM, INCLUDING, WITHOUT LIMITATION, THE RULE PROVIDING THAT EACH PARTY SHALL PAY PRO RATA ITS SHARE OF JAMS FEES AND EXPENSES, AND THE RULES PROVIDING FOR LIMITED DISCOVERY AND OTHER EXCHANGE OF INFORMATION). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE AN ARBITRATOR LICENSED TO PRACTICE LAW IN NEW YORK OR A RETIRED JUDGE. NOTWITHSTANDING THE ABOVE REQUIREMENTS, IF ANY PARTY FILES SUIT IN COURT, OR FILES AN ARBITRATION BEFORE FIRST SEEKING TO MEDIATE, IN DIRECT VIOLATION OF THIS PARAGRAPH, THE OTHER PARTY NEED NOT REQUEST MEDIATION TO ENFORCE THEIR RIGHT TO COMPEL ARBITRATION. ANY MEDIATION OR ARBITRATION PROCEEDINGS, TESTIMONY, OR DISCOVERY, ALONG WITH ANY DOCUMENTS FILED OR OTHERWISE SUBMITTED IN THE COURSE OF ANY SUCH PROCEEDINGS (AND INCLUDING THE FACT THAT THE MEDIATION OR ARBITRATION IS EVEN BEING CONDUCTED), SHALL BE CONFIDENTIAL AND SHALL NOT BE DISCLOSED TO ANY THIRD PARTY EXCEPT TO THE MEDIATORS OR ARBITRATORS AND THEIR STAFF, THE PARTIES’ ATTORNEYS AND THEIR STAFF, AND ANY EXPERTS RETAINED BY THE PARTIES. IF ANY PORTION OF THE DISPUTE RESOLUTION MECHANISM SET FORTH HEREIN IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THAT PORTION SHALL BE SEVERED FROM THE REST AND SHALL NOT AFFECT YOUR AGREEMENT TO RESOLVE ALL CONTROVERSIES AND CLAIMS THROUGH MEDIATION AND ARBITRATION.
WINNER ANNOUNCEMENT: For the name of the winner, available after April 17, 2009 visit www.NBCphiladelphia.com.