TERMS AND CONDITIONS

Welcome to Joke Prize Terms and Conditions.

By posting joke on JokePrize network, you agree to be bound by the Terms and Conditions (the “Agreement”), the Joke Prize Terms of Service and Privacy Policy and the decisions of JokePrize, Inc. (“Admin”), whose decisions are final and binding in all matters related to the the joke thats posted.

Throughout this Agreement, the words “Joke Prize,” “us,” “we,” and “our,” refer to, JokePrize, Inc., the Admin of the website.

1. ADMIN

Parent entity, Joke Prize, Inc. 999 E Touhy Ave. Ste. 500 Des Plaines, IL 60018; info@jokeprize.com is the (“Admin”). If you have any comments, concerns, questions, and complaints please contact us at the address or email listed above.

2. TERMS OF SUBMITTING A USER ENTRY

Once you have created an account you must submit a User Entry that is acceptable. The Admin reserves the right to remove any User Entries that it finds unacceptable at its discretion. There is no restriction on the number of User Entries a User may submit. After a User has submitted a User Entry, other Users may vote on the User Entry.

By entering, User warrants that the User Entry and all elements thereof satisfy the content guidelines set forth within this Agreement. Additionally, the User warrants that the elements comprising the User Entry:

2.1 are the original work of User;

2.2 to the User's best knowledge, have not previously been published;

2.3 do not infringe or violate the rights of any third party, including but not limited to, copyrights, trademarks, patents, trade secrets, logos, contract and licensing rights, rights of publicity or privacy, moral rights, or any other intellectual property rights;

2.4 are not subject to any third party agreements, and that Admin will not be required to pay or incur any sums to any person or entity as a result of their use, exhibition or exploitation of the User Entry or elements therein;

2.5 have obtained all permissions required to submit the User Entry and can provide such permissions using forms that will be provided by Admin;

2.6 do not contain any content that is likely to be considered offensive by Admin or could reflect negatively the name, reputation, or goodwill of the Admin and/or it affiliates.

3. USER ENTRY RESTRICTIONS

User Entries must be in keeping with Admin's image and may not be offensive, as determined by Admin in its sole discretion, and must not:

3.1 include any trademarks, logos, or copyrighted materials not owned by User or used without the relevant owner's express written permission (such as people's names, faces, etc.);

3.2 use any individuals' full names, in whole or in part without permission in a form acceptable to Admin;

4.3 contain objectionable content;

3.4 defame, misrepresent, reference public figures, or contain disparaging remarks about other people or companies , including, but not limited to Admin;

3.5 make threats of any kind or intimidate, harass, or bully anyone;

3.6 violate any procedures or rules listed within the Joke Prize Terms of Service or Joke Prize Privacy Policy;

3.7 contain materials embodying the names, likenesses, photographs, or other identifying elements of any person, living, or dead without express written permission; or

3.8 violate any local, state, provincial, territorial, national or international law or post any content that would encourage or provide instructions for a criminal offense and be contrary to the public orders of the designated countries.

4. OBJECTIONABLE CONTENT AND ITS REMOVAL

JOKE PRIZE HAS NO TOLERANCE FOR THE POSTING OF ANY OBJECTIONABLE CONTENT ON THE PLATFORM. Any Objectionable Content will be immediately removed from any 4 and the submitting User may be blocked or have his or her Joke Prize account, suspended or terminated. “Objectionable Content” is defined as, content that:

4.1 is not up to community standards, is illegal, or otherwise harmful;

4.2 defames, misrepresents, references a public figure, or contains disparaging remarks about other people or companies;

4.3 makes threat of any kind or intimidates, harasses, or bullies anyone;

4.4 is in Joke Prize’ sole discretion deemed to be objectionable.

If you believe that there is any Objectionable Content posted on the Platform please contact us immediately at info@ajokeaday.com. Please be aware that Joke Prize has the sole and ultimate discretion in deciding what constitutes Objectionable Content.

5. LICENSE AND TRANSFER

By submitting a User Entry, and to the extent allowed by law, User (or minor User's parent/legal guardian) grants Admin and its assigns a non-exclusive, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or part of your post and anything we may make with your post through Joke Prize or any other medium currently invented or invented in the future. This license allows us to use your User Entry without the requirement to make payment to you or any third party or the need to seek your or any third party’s permission. This license includes the right to host, index, cache, distribute, and tag any User Entry. Joke Prize may do any or all of the foregoing for any purpose necessary or relating to the Platform, its services, products or advertising.

Users (or minor User's parent/legal guardian) hereby forever waive and relinquish all so-called “moral rights (droit moral)” now or hereafter recognized in connection with any User Entries.

Users agree that neither the Admin nor any of their respective agents shall be responsible for return, display, or preservation of the User Entries submitted. Each User (or minor User's parent/legal guardian) waive and release Admin and their assigns from any and all claims that Users may now or hereafter have in any jurisdiction with respect to the Admin exploitation of User Entries without further notification or compensation to Users of any kind, and agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against said parties or any other person in connection with posted joke, on the grounds that any use of any User Entry, or any derivative works, infringe, or violate any of Users rights therein.

Each User (or minor User's parent/legal guardian) acknowledges and agrees that the Admin does not now and shall not have in the future any duty or liability, with respect to the infringement or protection of the User Entry. Finally, each User (or minor User's parent/legal guardian) acknowledges that, with respect to any claim by User relating to or arising out of any Admin's actual or alleged exploitation or use of any User Entry or other material submitted in connection with the posted joke, the damage, if any, thereby caused to the applicable User will not be irreparable or otherwise sufficient to entitle such User to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition, or other exploitation of any program, website, advertising, materials or other thing based on or allegedly based on the User Entry, and User's rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.

6. DISCLAIMERS AND RELEASE OF LIABILITY

USERS AGREE THAT WE ARE NOT RESPONSIBLE FOR THE FOLLOWING:

6.1 electronic transmissions that are lost, late, incomplete, illegible, damaged, garbled, destroyed, misdirected or not received by Admin or its agents for any reason;

6.2 any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures or human error that may occur in the transmission, receipt or processing of User Entries or related materials, or for destruction of or unauthorized access to, or alteration of, User Entry or related material;

6.3 any User Entries submitted in a manner that is not expressly allowed under this Agreement (all such User Entries will be disqualified);

6.4 printing errors in this Agreement or in any advertisements or correspondence in connection with this joke posted;

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY IN FULL TO YOU. IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE, THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.

7. ARBITRATION

For any disputes you may have with Joke Prize you agree to notify us of such dispute and attempt to resolve such dispute informally. If such informal resolution fails, any claim, dispute, or controversy arising out of or relating in any way to: i) this Agreement or the Privacy Policy; ii) your use of our Platform; iii) your information or content stored on our Platform; or vi) any benefits derived from using our Platform and Service; no matter how described, pleaded or styled, shall be ,FINALLY and EXCLUSIVELY resolved by binding individual arbitration conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules using one (1) arbitrator.

Each party is solely responsible for any filing fees to commence arbitration and any costs to attend the arbitration hearing that shall take place in Des Plaines, IL.

ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE AAA CODE OF PROCEDURE.

For a copy of the procedures, to file a claim or for other information about these organizations, contact them as follows: AAA, at 335 Madison Avenue, New York, NY 10017 or at www.adr.org.

All determinations as to the scope, interpretation, enforceability and validity of this Agreement shall be made final exclusively by the arbitrator, which award shall be binding and final. Judgment on the arbitration award may be entered in any court having jurisdiction.

NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE.

This arbitration provision shall survive the discontinuation, cancellation or suspension of use of our Platform and Service. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force.

8. FORUM OF DISPUTE

Any dispute arising from or relating to this Agreement not covered by the Arbitration clause will be heard solely by a court of competent jurisdiction in or nearest to Des Plaines, IL. Additionally, you agree that (a) these disputes, claims and causes of action shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Illinois; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys' fees; and (c) to the extent allowed by applicable law, under no circumstances will Users be permitted to obtain awards for, and users hereby waive, all rights to claim, punitive, incidental and/or consequential damages and/or any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of this Agreement, Users' rights and obligations, or the rights and obligations of the Admin in connection with the joke posted, shall be governed by, and construed in accordance with, the laws of Illinois, without giving effect to any choice of law or conflict of law (whether of Illinois or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Illinois.

You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.

9. SEVERABILITY

In the event that a provision of the Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of the Agreement are deemed to conflict with each other’s operation, Admin shall have the sole right to elect which provision remains in force.

10. NON-WAIVER

We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of the Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.