Welcome to Joke Prize Contest Terms and Conditions. NO PURCHASE IS NECESSARY TO ENTER OR WIN. PLEASE BE AWARE THAT A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. THERE ARE ARBITRATION PROVISIONS WITHIN THIS DOCUMENT THAT MAY AFFECT YOUR RIGHTS.VOID OUTSIDE THE U.S., UNLESS NOT PROHIBITED.
Throughout this Agreement, the words “Joke Prize,” “us,” “we,” and “our,” refer to, JokePrize, Inc., the Sponsor of this Contest. Throughout this Agreement, the Joke Prize.com website, mobile application, and any services offered will be referred to as the “Platform.” You (“you” or “your” or “User(s)”) shall refer to you, the party who is agreeing to this Agreement. “Contest Page” shall refer to the page on the Joke Prize.com website that explains Contest prizes, details, and information.
The Contest is sponsored by Joke Prize, Inc. 999 E Touhy Ave. Ste. 500 Des Plaines, IL 60018; email@example.com (“Sponsor”). If you have any comments, concerns, questions, and complaints please contact us at the address or email listed above.
Each Contest shall have a duration lasting three weeks (“Contest Period”) with the first contest beginning on Friday, Oct. 30, 2015 and each subsequent contest occurring after the conclusion of the prior contest. The contests will continue until notice of discontinuation is given by Sponsor. Sponsor’s computer is the official time-keeping device for the Contest. New entries will not be accepted after the end of the Contest Period. At the end of the Contest Period, potential winners meeting the Sponsor’s judgment criteria shall be contacted (“Potential Winners”).
Each Contest Period begins at 12:00:00 AM United States Central Time on Friday, and ends at 11:59:59 PM United States Central Time on the third Thursday after the Friday start date.
This Contest is open to legal U.S. residents of the 50 United States or DC who are 18 years and older or children 13 years of age with their parent’s consent and agreement to this Agreement. Additionally, the Contest is open to residents of countries where such a Contest is not prohibited. Officers, directors, employees and agents (and their immediate families or household members) of Sponsor, and its respective affiliated companies, agencies, and authorized dealers are not permitted to enter the Contests. The Contest is governed by U.S. law, is subject to all applicable federal, state and local laws and regulations, and is void where prohibited by law.
Once you have created an account you must submit a User Entry that is acceptable. The Sponsor 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. Only one vote is permitted per User per User Entry during the Contest Period. The User that has the most votes at the end of the Contest Period shall be declared the winner of the Contest along with any subsequent runner-ups. User Entries improperly submitted or submitted after the Contest Period will not be considered. Sponsor has final discretion in determining whether User Entries were submitted in a proper and timely manner.
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:
5.1 are the original work of User;
5.2 to the User's best knowledge, have not previously been published or won an award or prize of any kind;
5.3 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;
5.4 are not subject to any third party agreements, and that Sponsor 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;
5.5 have obtained all permissions required to submit the User Entry and can provide such permissions using forms that will be provided by Sponsor;
5.6 do not contain any content that is likely to be considered offensive by Sponsor or could reflect negatively the name, reputation, or goodwill of the Sponsor and/or it affiliates.
User Entries must be in keeping with Sponsor's image and may not be offensive, as determined by Sponsor in its sole discretion, and must not:
6.1 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.);
6.2 use any individuals' full names, in whole or in part without permission in a form acceptable to Sponsor;
6.3 contain objectionable content;
6.4 defame, misrepresent, reference public figures, or contain disparaging remarks about other people or companies , including, but not limited to Sponsor;
6.5 make threats of any kind or intimidate, harass, or bully anyone;
6.7 contain materials embodying the names, likenesses, photographs, or other identifying elements of any person, living, or dead without express written permission; or
6.8 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.
JOKE PRIZE HAS NO TOLERANCE FOR THE POSTING OF ANY OBJECTIONABLE CONTENT ON THE PLATFORM. Any Objectionable Content will be immediately removed from any Contest and the submitting User may be removed from the Contest or have his or her Joke Prize account, suspended or terminated. “Objectionable Content” is defined as, content that:
7.1 is not up to community standards, is illegal, or otherwise harmful;
7.2 defames, misrepresents, references a public figure, or contains disparaging remarks about other people or companies;
7.3 makes threat of any kind or intimidates, harasses, or bullies anyone;
7.4 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 firstname.lastname@example.org. Please be aware that Joke Prize has the sole and ultimate discretion in deciding what constitutes Objectionable Content.
Each User hereby acknowledges and agrees that the relationship between the User and the Sponsor is not a confidential, fiduciary, or other special relationship, and that the User's decision to User in and provide content to Sponsor for purposes of the Contest does not place the Sponsor in a position that is any different from the position held by members of the general public with regard to elements of the participation in the Contest, other than as set forth in this Agreement.
Each User acknowledges and agrees that such User will not be entitled to any compensation as a result of Sponsor's use of any User Entry submitted, selected, and/or used in the Contest and/or developed as part of being a User. By submitting a User Entry, and to the extent allowed by law, User (or minor User's parent/legal guardian) grants Sponsor 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 participating in the Contest agree that the Sponsor shall have sole discretion in determining the extent and manner of use of any Potential Winner User Entries and Sponsor is not obligated to use any User Entries at all. Users agree not to issue any publicity concerning the Contest or Sponsor unless permitted by Joke Prize. Users agree that neither the Sponsor 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 Sponsor and their assigns from any and all claims that Users may now or hereafter have in any jurisdiction with respect to the Sponsor 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 this Contest, 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 Sponsor 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 Sponsor's actual or alleged exploitation or use of any User Entry or other material submitted in connection with the Contest, 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. The Contest is subject to all applicable federal, state and local, provincial and international laws and regulations.
Winners shall be selected three different times during the Contest Period, as follows:
1. On Thursday (1st Thursday), one week after the beginning of the Contest Period
2. On Thursday (2nd Thursday), two weeks after the beginning of the Contest Period
3. On Thursday (3rd Thursday), three weeks after the beginning of the Contest Period
Sponsor will determine the potential winners (the “Potential Winners”) based on the total votes tallied by Users for each User’s Entry. Votes will be cumulative throughout the Contest Period. The number of Potential Winners selected per Contest Period will be listed on the Contest Page. In the event of a tie in votes for User Entries, the Potential Winners shall be determined by highest average rating for a User Entry, then most comments posted within the User Entry, and finally the most recently published User Entry.
Sponsor reserves the right to not choose any User Entries during from the Contest Period if, in its sole discretion, it does not receive a sufficient number of eligible and qualified User Entries as outlined in this Agreement or the Contest Page. User Entries that receive zero votes will be ineligible to be selected as Potential Winners. Although Sponsor selects the Potential Winners of the Contest, Sponsor is in no way obligated to use the Potential Winner’s User Entries in any advertising material. Potential Winners selected during the Contest Period will be ineligible from receiving any additional Prizes during the remainder of the Contest Period. The Sponsor's decisions are final and binding in all matters relating to this Contest.
After the Potential Winner(s) are selected, they shall be contacted through the email listed in their Joke Prize account or via the Platform. The Potential Winner must respond via the instructions provided by the email within 48 hours of the notification attempt. If potential Winner cannot be contacted, does not respond within 48 hours from the time the Sponsor first tries to notify potential Winner, and/or if the prize notification is returned as undeliverable, such Potential Winner will forfeit all rights to win the Contest or receive the prize. If so, alternate Potential Winner(s) may be selected at the Sponsor’s discretion.
If the Potential Winner(s) respond in a timely and proper manner, the Potential Winner(s) may be asked to sign and properly execute the following documents and return them via email or facsimile (and subsequently by mail per instructions to be provided) to Sponsor within five (5) days of notification: (1) a Potential Winner Copyright Transfer Agreement/Photo Release; (2) an Affidavit/Declaration of Eligibility and Liability Waiver; and (3) where lawful, a Publicity Release. If any such contacted Potential Winner is a minor in his/her jurisdiction of residence, the documents as noted must be completed and signed by Potential Winner's parent or legal guardian. If any documents sent by any means are returned as undeliverable or if a contacted Potential Winner (or his/her parent or legal guardian if Potential Winner is a minor in his/her jurisdiction of residence) fails to properly execute and return all documents described herein in the time noted, or if a Potential Winner is found not to be eligible or not in compliance with these Terms and Conditions, the Potential Winner and associated User Entry will not be considered and no prizes will be issued to Potential Winner.
The Prize for each week of the Contest Period shall be listed on the relevant Contest Page.
Sponsor shall be solely responsible for arranging the transfer of prizes to a Potential Winner(s) after the verification and execution of relevant releases and agreements. Please contact Sponsor for any issues related to the receipt of any prizes.
Sponsor is not responsible for any taxes, fees or governmental expenses associated with any prizes awarded for this Contest. All users receiving prizes agree that they will pay any applicable local, state, and federal taxes associated with their prizes.
The odds of winning depend on the number of eligible Users participating in the Contest. As this is a skill based contest dependent on voting, odds will depend on the number of total votes cast.
Any portion of the prize that is not used is forfeited. There will be no prize substitution, except Sponsor may substitute prize of equal or greater value if prize offered becomes unavailable for any reason. If Sponsor offers any non-cash prizes, such prizes will not be redeemable for cash.
Sponsor reserves the right to cancel, suspend and/or modify the Contest or any part of it if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest as determined by Sponsor in its sole discretion. Sponsor is not responsible for: (i) lost, late, misdirected, damaged, garbled or illegible entries; (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof; (iii) any injury or damage to Users or any other persons computer related to or resulting from participating in the Contest; or (iv) any injury to any person or property suffered by Users or any third parties as a result of participating in the Contest. Sponsor reserves the right to permanently disqualify from this Contest any person it believes to be tampering with the entry process or the operation of the Contest, falsifying personal information required during User registration or the claiming of any prize or otherwise to be acting in violation of these Agreement. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and/or civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The forfeiture of the prize or any other prizes shall in no way prevent Sponsor from pursuing other avenues of recourse. Sponsor’s failure to enforce any term of these Agreement shall not constitute a waiver of that provision.
By accepting or participating in the Contest, each User irrevocably consents to the use of such Users name, likeness, image, voice, performance (in connection with interviews and other recordings), biographical information, related social media information, and statements relating to the Contest or Sponsor, without further compensation, in all world-wide marketing, Contest, and publicity carried out in perpetuity by any of Sponsor’s affiliates in connection with this Contest.
USERS HEREBY ACKNOWLEDGE THAT SPONSOR HAS NEITHER MADE OR IS RESPONSIBLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO WARRANTIES OF ANY KIND CONCERNING THE APPEARANCE, SAFETY OR PERFORMANCE OF ANY PRIZE), IN FACT OR IN LAW, RELATIVE TO ANY PRIZE. WITHOUT LIMITING THE FOREGOING, THE PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SPONSOR MAKES NO WARRANTY, REPRESENTATION OR CONDITION THAT: (A) THE CONTESTS WILL MEET YOUR REQUIREMENTS; (B) THE CONTEST WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (C) ANY ERRORS IN THE PLATFORM, CONTEST, OR SERVICE WILL BE CORRECTED.
BY PARTICIPATING IN THIS CONTEST, USERS AGREE TO RELEASE, SPONSOR, ITS OFFICER, DIRECTORS AND EMPLOYEES, ITS AFFILIATES, INCLUDING JOKE PRIZE FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT INCLUDINGANY INJURIES, LOSSES, OR DAMAGES OF ANY KIND RESULTING FROM OR IN CONNECTION WITH THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF SUCH PHOTO OR WITH PARTICIPATION IN THIS CONTEST. USERS FURTHER AGREE THAT WE ARE NOT RESPONSIBLE FOR THE FOLLOWING:
17.1 electronic transmissions that are lost, late, incomplete, illegible, damaged, garbled, destroyed, misdirected or not received by Sponsor or its agents for any reason;
17.2 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;
17.3 failed or unavailable hardware, network, software or telephone transmissions, damage to User’s or any person's computer and/or its contents related to or resulting from participation in this Contest, or causes beyond Sponsor's reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Contest;
17.4 any User Entries submitted in a manner that is not expressly allowed under this Agreement (all such User Entries will be disqualified);
17.5 printing errors in this Agreement or in any advertisements or correspondence in connection with this Contest; or
17.6 cheating or fraud by any participant. Sponsor reserves the right, in its sole discretion, to cancel or suspend this Contest should virus, bugs, fraud or other causes beyond the control of the Sponsor corrupt the administration, security or proper play of the Contest.
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.
UNDER NO CIRCUMSTANCES WILL JOKE PRIZE BE LIABLE TO ANY USERS FOR AN AMOUNT GREATER THAN $100, AS A RESULT OF ANY DISPUTE OR CLAIM LODGED BY USERS.
Users acknowledge and agree that the warranty disclaimers and liability and remedy limitations in this Agreement are material terms and that they have been taken into account in the decision by Sponsor to offer the Contest. All User’s rights, obligations and responsibilities are strictly personal to the User and may not be assigned under any circumstances.
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.
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, including but not limited to costs associated with entering this Contest 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 Sponsor in connection with the Contest, 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.
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, Sponsor shall have the sole right to elect which provision remains in force.
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.