Dr. Laura's Corny Joke Day Contest - 2019
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.
1. PROMOTION PERIOD: Dr. Laura's Corny Joke Day Contest (the 'Contest') begins at 11:01am Pacific Time ('PT') on November 27, 2019 and ends at 1:59:59pm PT on November 27, 2019 (the 'Promotion Period'). All entries must be received during the Promotion Period. The Sponsor's computer is the official time-keeping device for this Contest.
2. ELIGIBILITY: Contest is open to natural persons who are legal residents of the fifty (50) United States and District of Columbia (the 'Territory') who are at least thirteen (13) years of age (or the age of majority in their state of residence, whichever is greater) as of the date of entry. Minors may enter the Contest, but a parent or guardian must be present at the time of the call and submission to provide consent and agreement to these Official Rules. This Contest is subject to all applicable federal, state, and local laws and regulations. Void where prohibited or restricted by law. Individuals who have won a prize from the Radio Show within one hundred eighty (180) days prior to the start date of this Contest are not eligible to participate or win. The Grand Prize winner from any prior year is not eligible to win the Grand Prize in this Contest. Maximum of one (1) prize will be awarded per family regardless of living arrangements. The term 'Family' includes spouses, siblings, parents, children, grandparents, and grandchildren, whether as 'in-laws,' or by current or past marriage(s), remarriage(s), adoption, co-habitation or other family extension, and any other persons residing at the same household whether or not related. Contest is void in Puerto Rico, Guam, all U.S. Commonwealths, Territories and jurisdictions (including overseas military installations) and where prohibited. The Contest is governed by these Official Rules along with any other additional terms provided by the Sponsor.
Employees of Take on the Day, LLC (the 'Sponsor'), SiriusXM Radio, Inc., or Dr. Laura Show (the 'Radio Show') (collectively, the 'Contest Entities'), and their respective subsidiaries and affiliated companies, divisions, parent companies, officers, directors, agents, and advertising agencies, as well as members of the immediate family of any such employees, are not eligible to participate or win. The term 'immediate family' includes spouses, siblings, parents, children, grandparents, and grandchildren, whether as 'in-laws,' or by current or past marriage(s), remarriage(s), adoption, co-habitation or other family extension, and any other persons residing at the same household whether or not related. Canadian residents are also ineligible.
3. HOW TO ENTER: Listen LIVE to the Radio Show during the Promotion Period, call into the Dr. Laura Show at 1-800-375-2872 and follow the prompts to submit your Corny Joke. While there is no one definition of what 'Corny Joke' means, for the purpose of this Contest, a Corny Joke is one that is silly, makes a listener guffaw or groan, or is generally old-fashioned. During the Promotion Period, Participants will call in to the Dr. Laura Show as directed and will tell their Corny Joke to a staff member. Participant WILL BE recorded telling their joke and agrees to be recorded telling their joke. There is no guarantee that Participant's Corny Joke will make it on-air. Each Corny Joke will be judged on a number of factors, including, but not limited to, creativity, general interest, length, and originality. A Radio Show staff member will select approximately 100 Corny Jokes to be played on air. The exact number of Corny Jokes played on air will depend on a number of factors such as actual air time for the Radio Show, pacing of the Radio Show as determine by the Sponsor, the number of Corny Jokes deemed eligible for broadcast on-air, and other factors which are within the sole and absolute determination by Sponsor. Participant understands that if selected, their Corny Joke, as performed by Participant, will be played on a syndicated radio show which is accessible throughout the world. All decisions by the Radio Show staff members will be final.
A. Content Restrictions: The Radio Show is a family-friendly broadcast and, as such, all Corny Jokes submitted to the Contest must comply with the following restrictions. Corny Jokes that do not comply or violate these restrictions in any way will be disqualified.
B. Grant of Rights: Sponsor does NOT claim ownership of the Corny Joke that you submit or make available for inclusion in the Contest. By submitting a Corny Joke, Participant grants to Sponsor, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, unconditional, fully paid-up transferable right and license to use, copy, publicly display (including by means of digital transmission), publish, re-publish, modify, adapt, broadcast, display, distribute, use, edit, remix, translate, alter, combine with other material, reuse, import, transmit, distribute (directly or indirectly), license, offer to sell, sell, rent, lease, or lend copies, sublicense to third parties, and otherwise exploit and use the Audio (in part or in whole) including any or all portions of the Corny Joke in any way and for any purpose whatsoever, at any time, now or in the future, in any media now known or hereafter devised throughout the world in any manner whatsoever and for any purpose. Participant also grants to Sponsor the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, unconditional, fully paid-up right to publish the name, age, likeness, state of residence, photo, or video of the Participant in connection with the Contest for marketing and promotional purposes in any and all forms of media (whether existing now or in the future). Participant specifically waives all 'moral' rights that the individual may have in the Corny Joke.
- 1. No vulgarity or profanity.
- 2. No double entendres.
- 3. No sexual, violent, racist, sexist, or demeaning content.
- 4. Shall not contain material that is inappropriate, indecent, obscene, hateful, defamatory, slanderous, libelous, or tortuous.
- 5. Shall not include the name of any celebrity or brand name.
- 6. No content the FCC could deem inappropriate or illegal for broadcast.
C. Winner Selection: Sponsor in their sole and absolute discretion, will use the subjective determination of how funny the Corny Joke is to determine the applicable winners, subject to all verification elements contained in these Official Rules. At no time will a winner(s) be chosen by random selection. Scoring, comments, and notes made by Sponsor or Radio Show staff during the evaluation process are the property of the Sponsor and will not be furnished to Participant or other third party, nor will this information be published on any website, unless compelled or required by law.
The standards applied during the evaluation process focus on assessing each Corny Joke's properties. By the mere submission of a Corny Joke, Participant does not acquire any automatic right to have their joke performed on-air, be awarded a prize, nor any other right except for the right to have such entry reviewed and evaluated subject to these Official Rules.
While Participants will be directed to call a toll-free phone number to enter, such calls may incur charges, fees, or costs. Participant is solely responsible for any such charges, fees, or costs related to calling the required toll-free phone number. Participant is advised to check with their service provider to determine if any charges apply.
4. PRIZE(S): One Hundred and twenty-one (121) PRIZES: The prize(s) that may be awarded to the eligible winner(s) include: One (1) $750.00 gift certificate from Boll & Branch (Approximate Retail Value: $750.00 each); One (1) $200.00 gift certificate from Blinds.com (Approximate Retail Value: $200.00 each); Ten (10) gift certificates from Canvas World (Retail Value: $50.00 each);Three (3) gift certificates from Bombas.com (Retail Value: $50.00 each); Ten (10) gift certificates from Simply to Impress (Retail Value: $50.00 each); Five (5) Tiger Claws from Tiger Lady (Retail Value: $34.99 each); Ten (10) Holiday Hair Duo kits from Glop & Glam (Retail Value: $31.00 each); Three (3) one-year subscriptions to Stamps.com, including a free scale, supplies kit and $50 free postage from Stamps.com (Retail Value: $325.88 each); One (1) 10 piece SimpliSafe security system from SimpliSafe.com (Retail Value: $830.89); Ten (10) pairs of Heat Holders socks from Heat Holders (Retail Value: $19.99 each); Four (4) Phone Soaps, from Phone Soap (Retail Value: $79.95 each); Three (3) Tommy John Lounge Sets from Tommy John (Retail Value: $140.00 each); Ten (10) Women's Multi + Men's Multi + Kids Multivitamins from Hello Bello (Retail Value: 33.00 each); Ten (10) Double packs of diapers from Hello Bello (Retail Value: 20.00 each). Approximate Total Retail Value of all prizes: $5863.18. All other expenses not specifically mentioned herein are the sole responsibility of each winner. Sponsor reserves the right to substitute any portion of these prizes for an alternate prize of equal value. No transfer or change of the prize is permitted except at the sole discretion of the Sponsor. No cash equivalent for prizes will be awarded. Prizes are non-transferable. If a winner cannot be contacted or is disqualified, the Sponsor reserves the right to determine an alternate winner or not to award that prize, in its sole discretion. Unclaimed prizes will not be awarded. Other restrictions may apply. All federal, state, and local taxes on the prize are the sole responsibility of the prize winner.
Winners may receive an IRS Form 1099 for the year in which the prize is awarded in the amount of the prize received. Winners will be required to furnish his/her social security number for the sole purpose of preparation of any tax forms as required by law.
The Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Contest.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED 'AS IS' WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THE SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
THE WINNER MUST ACCEPT AND CLAIM THE PRIZE IN ITS ENTIRETY OR NOT AT ALL.
5. PRIZE CLAIM DOCUMENTS: The potential winner(s) will be contacted by Sponsor by telephone and/or email within fifteen (15) business days after the end of the Contest Period and will be given five (5) business days to reply to confirm receipt of notification and obtain additional instructions. Sponsor is not responsible for any change of email address, mailing address, and/or telephone number of participants. If a potential winner cannot be contacted from the information provided in their entry, the Sponsor reserves the right to select another winner at its sole discretion. Each potential winner (or a parent/legal guardian if winner is a minor) may be required to complete and return an Affidavit of Eligibility/Liability Release (including, except where prohibited by law, a Publicity Release), a W-9, and any other documents Sponsor deems necessary to fulfill the prize (the 'Prize Claim Documents'), in the time period stated in the notification. Failure to return the required Prize Claim Documents within the time stated may result in forfeiture of prize and selection of alternate winner. Winner(s) may be subject to a verification process, including, but not limited to the winner's name, address, home phone number, work/cell phone number, and social security number or taxpayer identification number. The Contest Entities are not liable if prize notification letter is lost in the mail or email is not responded to within the time allowed.
6. GENERAL DISCLAIMER: The Contest is void where prohibited. Participants are restricted to the use of ordinary telephone equipment. Participants that enable the 'Caller ID' block function will not be allowed to participate unless they enter their correct area code and telephone number if prompted, or disable the features inhibiting their participation in the Contest. Participants using equipment not set up for toll free phone exchanges (800, 888, 877, 866, etc.) may experience call connection problems. To the extent permitted under applicable law, Sponsor reserves the right to cancel, suspend, and/or modify the Contest, or any part of it, if any fraud, technical failures, human error, or any other factor impairs the integrity or proper functioning of the Contest. If the Contest is terminated, Sponsor may determine winner(s) from among all non-suspect, eligible submissions received up to the time of such action using the judging procedure outlined above. Sponsor reserves the right to disqualify any individual it finds to be tampering with the Submission process or in the operation of the Contest, or to be acting in violation of the Official Rules of this or any other promotion in an unsportsmanlike or disruptive manner and void all associated Submissions. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such attempt be made, Sponsor reserves the right to seek damages and remedies (including attorneys' fees) from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not be considered a waiver of that provision.
The Contest Entities and Released Parties disclaim all liability for the inability of a participant to provide an entry due to equipment malfunction, busy lines, inadvertent disconnections, acts beyond their control, or otherwise. The Contest Entities and Released Parties disclaim all liability for any delays, misdelivery, loss, or failure in the delivery of any item sent by electronic transmission or other delivery method. Neither the Contest Entities or Released Parties are responsible for human, mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including: any form of active or passive filtering, insufficient space in participant's e-mail account to receive e-mail messages, failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet, or on any website, or lost or unavailable network connections which may limit a Participant's ability to participate in the Contest, and any injury or damage to Participant's or any other person's computer related to or resulting from participating in or downloading any information necessary to participate in the Contest. No mechanically reproduced entries or facsimiles will be accepted. Entries void received outside authorized channels. Sponsor reserves the right at its sole discretion, to disqualify any individual (and all of his or her entries, or any portion thereof) who tampers with the entry process.
7. PUBLICITY: USE OF PERSONAL INFORMATION: By participating, unless prohibited by law, all Participants and winner(s) grant the Contest Entities and Released Parties permission to use their names, biographical information, characters, photographs, voices, audio recording, videotape, and/or likenesses for promotional purposes in any media, worldwide, without further payment or consideration. By participating in the Contest, unless prohibited by law, Participants agree that the Sponsor may disclose personal information obtained from Participants in the Contest to third parties and use such information for marketing and other purposes.
8. TAXES: Any valuation of the prize stated above is based on available information provided to the Sponsor at the time of creating these Official Rules. The actual value or approximate retail value of any prize awarded to a winner may be reported for tax purposes as required by law. Winner(s) are solely responsible for reporting and paying any and all applicable federal, state, and local taxes related to the prize and paying any expenses associated with the prize that is not specifically provided for in these Official Rules. Winner(s) must provide the Sponsor with valid identification and a valid taxpayer identification number or social security number before the prize will be awarded. Any person winning $600.00 or more in prizes from the Sponsor will receive an IRS form 1099 for the calendar year in which the prize is awarded and a copy of such form will be filed with the IRS.
9. CONDUCT AND DECISIONS: By participating in the Contest, Participants agree to be bound by the decisions of Sponsor. Persons who violate any rule, gain unfair advantage in participating in the Contest, or obtain winner status using unauthorized or fraudulent means will be disqualified. Unsportsmanlike, disruptive, annoying, harassing or threatening behavior is prohibited and may be the basis for disqualification. The Sponsor will interpret these rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Contest and the Sponsor's decisions concerning such disputes shall be final. If the conduct or outcome of the Contest is affected by human error, any mechanical malfunctions or failures of any kind, intentional interference or any event beyond the control of the Sponsor, the Sponsor reserves the right to terminate this Contest, or make such other decisions regarding the outcome as the Sponsor deems appropriate. All decisions will be made by the Sponsor and are final. The Sponsor may waive any of these rules in its sole discretion. Any attempt by a Participant or any other individual to deliberately circumvent, disrupt, damage or undermine the legitimate operation of this Contest is a violation of criminal and civil laws. Should such an attempt be made, the Sponsor reserves the right to seek civil and/or criminal prosecution and/or damages from any such person to the fullest extent permitted by law.
10. RELEASE: As a condition of entering, Participants agree (and agree to confirm in writing): (a) to release the Contest Entities and Released Parties, each radio station contracted to broadcast the Radio Show, and their respective subsidiaries and affiliated companies, divisions, parent companies, officers, directors, employees, agents and employees of agents, and advertising, promotion, and public relations agencies and all others associated with the development and execution of the Contest, from and against any and all liability with respect to or in any way arising from this Contest or the use of the participant's entry and the awarding, receipt, possession and/or use or misuse of any prize, including without limitation liability for any travel related to the Contest, death, personal injury, loss, and/or disability; (b) under no circumstances will Participant be permitted to obtain awards for, and Participant hereby waives all rights to claim, punitive, incidental, consequential, any other damages, and any and all rights to have damages multiplied or otherwise increased; (c) all causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys' fees and court costs.
11. MISCELLANEOUS: Winner(s) must submit proof of eligibility and sign all required Prize Claim Documents to claim any prize. The Sponsor may substitute prizes, as well as extend, modify, or discontinue the Contest at any time without prior notice. The Sponsor disclaims any responsibility to notify participants of any aspect related to the conduct of the Contest. The Sponsor is not responsible for any typographical error in the printing of these Official Rules, administration of the Contest, or in the announcement of the Contest prizes. All entries and information become property of the Sponsor and will not be returned. By the mere submission of a Corny Joke, Participant acquires no automatic right to have their joke played on the air, be awarded a prize, nor any other right except for the right to have such entry reviewed and evaluated subject to these Official Rules.
12. GOVERNING LAW, ARBITRATION AND DISPUTE RESOLUTION:
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS THE WAY IN WHICH ANY CLAIM OR DISPUTE BETWEEN YOU AND THE SPONSOR IS RESOLVED.
- A. Governing Law. Unless the laws of your jurisdiction require that the laws of that jurisdiction govern, in which case the laws of such jurisdiction shall govern, all claims arising out of the Contest and all issues and matters concerning the construction, validity, interpretation, and enforceability of these Official Rules and any other additional terms, or the rights of participant(s), shall be governed by and construed in accordance with the laws of the State of California and the United States of America, without regard to conflict of laws principles. Any and all disputes, claims, and causes of action arising out of, or connected with, the Contest shall be resolved individually, without resort to any form of class action.
- B. Process. Any claim, controversy, or dispute (whether in contract, tort, or otherwise) arising directly or indirectly out of or related to the Contest shall be resolved exclusively by a final and binding arbitration administered by the American Arbitration Association (the 'AAA') and conducted before a sole arbitrator pursuant to the applicable Rules and Procedures established by the AAA. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (the 'FAA'), 9 U.S.C. §§ 1-16. The arbitration shall be conducted in the English language. The arbitration shall be held at a location determined by the AAA pursuant to the Rules and Procedures (provided such location is reasonably convenient for Participant), or at such a location as may be mutually agreed by the participant and Sponsor. The arbitrator's decision shall be controlled by the terms and conditions of these Official Rules, together with any other additional terms, and any of the other agreements referenced herein that the participant may have entered into in connection with the Contest. The arbitrator shall apply the laws of the State of California consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law. To the extent permitted by law, participant agrees that under no circumstances will the participant be permitted to obtain an award for, and participant hereby waives all rights to, consequential, incidental, punitive damages, or any other damages, and any and all rights to have damages multiplied or otherwise increased.
- C. No Class Action or Consolidated Proceedings. ANY ARBITRATION THAT OCCURS WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS, CLASS ACTION SUITS OR CONSOLIDATED PROCEEDINGS ARE NOT PERMITTED AS A WAY TO RESOLVE ANY CLAIM OR DISPUTE.
- D. Scope. This agreement to arbitrate claims and disputes is intended to be broad and includes, without limitation, (i) claims or disputes relating to any aspect of the Contest, whether based in contract, tort, statute, or any other legal theory, (ii) claims or disputes directly or indirectly arising from conduct or events that occurred prior to the effective date of these Rules (including, without limitation, claims relating to advertising), or after its termination, (iii) claims or disputes subject to class action litigation in which you are not currently a member of a certified class, and (iv) claims or disputes with any agent, employee, successor or assign of you, or the Sponsor, (all such claims and disputes are referred to collectively as 'Claims'). This agreement to arbitrate does not, however, include Claims pertaining to intellectual property rights.
- E. No Preclusive Effect. No award or finding or stipulation of fact by the arbitrator will have any preclusive or collateral estoppel effect in any other arbitration or court, unless it involves the exact same parties.
- F. Severability. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable or illegal provision were not contained herein.
14. WINNER LIST: For a winner list, where required by law, send a stamped, self-addressed envelope no later than February 1, 2020 to: Dr. Laura's 2019 Corny Joke Day Contest, P.O. Box 8120, Van Nuys, CA 91409. Vermont residents only may omit return postage.
15. SPONSOR: Take on the Day, LLC, P.O. Box 8120, Van Nuys, CA 91409.
16. VOID WHERE PROHIBITED BY LAW:
© 2019 Take on the Day, LLC. All Rights Reserved. Take on the Day™, Dr. Laura, and any other marks or logo are trademarks of Take on the Day, LLC. All trademarks, service marks, logos, products, or service names are the property of their respective owners. This Contest is in no way sponsored, endorsed or administered by SiriusXM Radio, Inc. or any other third-party not specifically designated by Sponsor. Information is being provided to Sponsor in accordance to these Official Rules.