rules
Name: Say What?!? Contest
Call to Action:
If you're 15 to 21 years old, tell us the Best OR Worst Advice You've Gotten from Adults about Sex
Win: Grand Prize (1): A trip to a Funny Or Die set in Los Angeles, and chance for your story to be made into a video! Runner Up Prize (1): An iPod touch. Random Drawing Prizes (3): Trip to San Francisco for ISIS' Sex::Tech conference February 26th-27th, 2010
Phone Number: Call to Enter: (310) 736-6760
Website: SayWhatContest.org
Partners: Funny Or Die, ISIS, MTV, SayNow
NAME OF CONTEST: Say What?!? Sex Ed Contest (“Contest”, below)
SPONSOR: This Contest is sponsored by Internet Sexuality Information Services, Inc. (ISIS or “Sponsor”, below) located at 409 13th Street, 14th Floor; Oakland, CA 94612.
SUBMISSION PERIOD: To be eligible for the Contest, entries must be submitted between 12:00 AM (PT) on January 18, 2010 and 11:30 AM (PT) on February 12, 2010.
HOW TO ENTER: Contestants will call (310) 736-6760 where a series of voice prompts will ask them to leave a voice message with the “worst” OR "best" advice an adult has given them about sex. They will be prompted to record who gave them the advice and how old they were when they received the advice. The telephone number above is the only way to submit an entry to the Contest. Each submission must specifically respond to the Say What?!? voicemail prompts. Sponsor and affiliated entities are not responsible for lost, misdirected, misplaced, stolen, tampered with, deleted, or invalid Entries.
SUBMISSION GUIDELINES: Submissions must be educational and engaging and submitted at the designated phone number via mobile or landline call. They must be original, true stories of advice given to the contestant and never before offered in any other public site. Submissions must not infringe on the intellectual property rights of any other person or entity. Do not submit a story that is from a movie or book, or is owned by another person or entity. Submissions that are the intellectual property of another person or entity will be disqualified. An entry will be disqualified if it is lewd, indecent, violent, hateful, obscene, pornographic, libelous, slanderous, derogatory, bigoted, or racist; or if it promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; or if it invades the privacy or publicity rights of any person, living or deceased; or if it contains otherwise objectionable material, or if it is disparaging of Sponsor or affiliated entities or partners. The Sponsor has the sole discretion to determine which entries are disqualified by the above criteria. Submissions that comply with these Submission Guidelines and other criteria included in these rules will be eligible for prizes, and are referred to below as Eligible Submissions.
CONSENT: By entering, each contestant acknowledges and consents to the Sponsor’s use of their submission without particular notice, permission or consideration. Sponsor and affiliated entities or partners intend to use submissions to educate the public about the myths teens are receiving about sexual health and what kind of sexual health information they would like access to. Once submitted, all submissions become part of the campaign and may not be removed by the entrant, even if entrant withdraws from contest consideration. Sponsor will have the right to use all submissions in merchandising, advertising, marketing or promotion or for any other non-commercial purpose, without additional compensation to the Contestant. Contestants hereby irrevocably grant to Sponsor a perpetual, non-exclusive, sub-licensable, royalty-free, fully-paid license and right to use, distribute, make derivative works from and otherwise exploit the submission, in any manner and in any medium now known or hereafter devised, throughout the universe in perpetuity. Contestants hereby forever waive and relinquish all so-called “moral rights (droit moral)” now or hereafter recognized. Contestants agree that Sponsor shall have sole discretion in determining the extent and manner of use of submissions and are not obligated to use any submission.
MULTIPLE SUBMISSIONS BY THE SAME CONTESTANT: Each Contestant may submit multiple entries, but entries from the same person will be removed from the random drawing to determine the winners of the trips to San Francisco.
AGE AND OTHER ELIGIBILITY: The Contest is open to people who are legal residents of the United States (U.S.), ages 15 to 21 years at the time of submitting his or her entry. All Winners are subject to age verification. Employees of ISIS and immediate family members of such employees are not eligible to win. By participating in the Contest, each Contestant represents and warrants that he or she meets the eligibility requirements and acknowledges that failure to meet all eligibility requirements will disqualify Contestant from the Contest.
PRIZE(S):
Grand Prize (1): One winner, selected by a panel of judges, will win the opportunity to travel to the Funny Or Die Studios in Los Angeles, California. A sex education public service announcement, written and produced by Funny Or Die, will be based on the winning entry. This prize consists of a round-trip ticket from anywhere in the U.S. to Los Angeles, California, two nights at local hotel, and ground transportation to Funny Or Die Studios. If the Grand Prize winner is under 18, the prize includes a round-trip ticket for a parent or legal guardian to accompany the minor.
Runner Up (1): One winner, selected by an expert Sponsor panel, will win an iPod Touch.
All contestants will be eligible to win a trip a San Francisco, CA to attend the premiere of the Funny Or Die video and sit on a moderated panel to discuss their educational experiences on February 26th, 2010. Winners of a trip to San Francisco (3) will be determined through a random drawing of eligible entries. This prize consists of a round-trip ticket from anywhere in the U.S. to San Francisco, California, two nights at San Francisco's J W Marriott, and ground transportation to and from the hotel. If the winner is under 18, the prize includes a round-trip ticket for a parent or legal guardian to accompany the minor.
SELECTION OF WINNERS: Submissions will be judged for Grand Prize and Runner Up by a panel of judges selected by the Sponsor which will rate all Eligible Submissions Sponsor has complete discretion over interpretation of the Contest rules, administration of the Contest, and selection of the Winners.
APPROXIMATE WINNER NOTIFICATION DATE: Grand Prize and Runner-Up winners will be notified on or about February 12th, 2010.
THERE IS NO PURCHASE NECESSARY TO ENTER OR WIN THE CONTEST.
PRIZES: To claim a prize, each Contestant must provide your correct name, age, mailing address, telephone number, social security number, and email address. Sponsor will not replace any lost or stolen Prizes. Prizes are non-transferable, with no cash redemptions, equivalents or substitutions except at Sponsor’s sole and absolute discretion. In the event that Sponsor is unable to provide the Winner with the Prize, the Sponsor may elect, at the Sponsor’s sole and absolute discretion, to provide Winner(s) with the approximate value of such item in cash or award an alternate prize of comparable or greater value. All Prizes are awarded "AS IS" and without warranty of any kind, express or implied, (including without limitation, any implied warranty of merchantability or fitness for a particular purpose). Prizing may be fulfilled by a third party; please allow 5-7 weeks for Prize delivery. Prizes will only be shipped to the 50 United States. Contestants acknowledge that some winning submissions will be publicly displayed, performed, broadcast, duplicated, manufactured, etc., and each Contestant agrees that no additional agreement or consent of the Contestant will be necessary. The sole compensation to the Winner will be the Prize and no additional compensation will be due or paid as a result of the Entry being used.
TRAVEL PRIZES: All Travel Prize Winners must be 18 years or older at the time of entry, or must be accompanied by a parent or guardian. All travel and accommodations are subject to availability. Sponsor may, at its election, assist Winners in arranging related transportation and/or accommodations and if so, has the right to use any cash portion of the Prize to cover such expenses. If in the judgment of Sponsor air travel is not required due to Winner’s proximity to prize location, ground transportation will be substituted for roundtrip air travel at Sponsors’ sole discretion. Travel is subject to the following terms and conditions: only from and to major airports served by the carrier providing the ticket(s); subject to all carrier restrictions, requirements, rules, regulations, policies, service charges, taxes, black-out dates, advance ticketing requirements; and not transferable or redeemable for cash, credit or substitute. All costs and expenses not specified herein, including meals, gratuities, ground transportation, taxes, personal incidentals and all other expenses are the sole responsibility of Winner. If a Travel Prize is for a specified time period or event and the Winner is unable to travel on dates specified by Sponsor, their Prize may (in Sponsor’s sole discretion) be forfeited and an alternate Winner may be selected by Sponsor. If an alternate Winner cannot be verified in time to meet advance booking requirements or other restrictions, the travel portion of the Prize may remain un-awarded and no substitute Prize awarded. Sponsor is not responsible if specified Prize event is delayed, postponed or cancelled for any reason, in which event that portion of the Prize is forfeited in its entirety and no substitution will be provided, except as in Sponsors’ sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any event or flight, or failure of Winner to complete travel. Sponsors will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. If Prize includes travel for companions, such companions must be eighteen (18) years of age or older as of the date of departure (unless child of Winner) and must travel on same itinerary and at the same time as the Winner. Travel companion may be required to complete a liability release prior to travel.
WINNER NOTIFICATION AND ELIGIBILITY: Each Winner will be notified within approximately two weeks of the Contest judging. To the extent permitted under applicable law, Winners may be required to sign and return, an Affidavit of Eligibility, a Liability Release, a Publicity Release and other documentation that Sponsor and/or its affiliated parties may require (“Prize Acceptance Documents”). Parents or legal guardians of Winners under the age of majority in their state of residence (18 in most states but 19 in Alabama and Nebraska and 21 in Mississippi) may be required to also sign the Prize Acceptance Documents, in order for Winner to receive the Prize.
CLAIMING A PRIZE: When a Winner is contacted, he/she will have a stated period of time within which to respond to the notification. If a Contestant fails to return the notification within the stated time period he/she will be disqualified, his/her prize will be forfeited, and an alternate potential Winner may be selected. If a Contestant changes his/her email address or other contact information after he/she enters the contest, it is his/her sole responsibility to update his/her information by sending email to info@isis-inc.org. Failure to update such registration information may affect a potential Winner’s ability to receive a Prize. If a potential Winner cannot be reached after a reasonable effort has been exerted, he/she is found to be ineligible, he/she cannot or does not comply with these rules, or if a Prize or Prize notification is returned as undeliverable, such potential Winner will be disqualified, and an alternate potential Winner may be selected at Sponsor’s sole discretion using the same criteria used to select the original Winner. Sponsor will not have liability for any Winner notification that is lost, damaged, intercepted or not timely received or returned by the potential Winner for any reason.
TAXES: Winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the Prize(s) they receive may be required to sign tax documents, file a Form 1099 with the IRS and pay taxes on the value of the Prize.
PUBLICITY RELEASE: Subject to applicable law, Winners irrevocably grant Sponsor the right to use their name, voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with Contest, in all forms of media (now and hereafter known), worldwide in perpetuity, without any obligation or consideration except for the awarding of the Prize to the Winner. Each Contestant agrees not to issue any publicity concerning Sponsor.
REPRESENTATIONS AND WARRANTIES: Each Contestant represents and warrants that he or she has read, understands and will adhere to these rules. Each Contestant further represents and warrants that Submissions and all elements therein (except Sponsor Content): (1) are wholly original work of the Contestant; and (2) will not infringe or violate any personal rights (e.g., defamation, privacy, false light, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity. Each Contestant represents and warrants that he or she is a legal resident of the United States and is at the time of entry, of the age specified in these rules. Each Contestant further represents and warrants that he or she has the right to agree to and fully perform consistent with these rules and no consent of any third parties is required to grant the rights hereunder. Each Contestant agrees to defend, indemnify and hold Sponsor, their parents and each of their respective successors, assigns and licensees, harmless from and against any third party claim relating to any breach of any representation, warranty or covenant made by such participant in connection with his or her participation in the Contest.
TAMPERING WITH CONTEST: Sponsor is not responsible for the actions of Contestants in connection with the Contest, including Contestants’ attempts to circumvent these rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Contest. Persons found tampering with or abusing any aspect of this Contest, or whom Sponsor believes to be causing malfunction, error, disruption or damage will be disqualified. Additionally, any attempt to cheat the Contest, as determined at the sole discretion of Sponsor, may result in immediate disqualification of the entrant, as well as other possible consequences, including disqualification from any and all existing and future contests. Any attempt to cheat by creating fake names will be looked upon very seriously, and can result in immediate and permanent ban, and possible further action. Any attempt by a person to deliberately damage any website or undermine the legitimate operation of this contest is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek all legal and equitable remedies from and against any such person to the fullest extent permitted by law. Sponsor reserves the right, at their sole and absolute discretion, to disqualify any individual who is found to be, or suspected of, acting in violation of these rules, or to be acting in an un-sportsmanlike, obscene, immoral or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person.
RELEASES, WAIVERS AND DISCLAIMERS: By entering the Contest, each contestant agrees to release, discharge and hold harmless Sponsor and each of their parents, subsidiaries, affiliates, agents representatives, retailers, partners, and advertising and promotion agencies, and each of their respective directors, officers, employees, agents, successors and assigns (collectively, the “Released Parties”), from any and all liability, claims, losses, injuries, demands, damages, actions, and/or causes of actions whether direct or indirect, which may be due to or arise out of participation in the Contest or any portion thereof, or the acceptance, use/misuse or possession of Prizes (including, without limitation, liability for any property loss, damage, personal injury or death, violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property). Each contestant agrees that the Released Parties shall have no responsibility or liability for discontinued Prizes; human error; incorrect or inaccurate transcription of registration and/or account information; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or Internet service provider utilized by Sponsor; interruption or inability to access Contest Website or Sponsor or affiliated entities’ respective websites, or any online service via the Internet due to hardware or software compatibility problems; any damage to Contestant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Contest; any lost/delayed data transmissions, omissions, interruptions, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Released Parties. Each Contestant further agrees to indemnify and hold harmless Released Parties from and against any and all liability resulting or arising from the Contest and to release all rights to bring any claim, action or proceeding against Released Parties and 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 a Prize, including express warranties provided exclusively by a Prize supplier that may be sent along with a Prize. Each Contestant understands and agrees that the Released Parties maintain no control over the personnel, equipment or operation of any air, water or surface carrier, ship line, bus or limousine company, transportation company, hotel, restaurant, Prize supplier or other person or entity furnishing services, products or accommodations (“Vendors”) as a part of the Prize, and will not be responsible or liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused by or contributed to: (1) the wrongful, negligent or unauthorized act or omission on the part of the Vendors or any of their agents, servants, employees or independent contractors, (2) any defect in or failure of any vehicle, equipment, instrumentality, service, product or accommodation that is owned, operated, furnished or otherwise used by any of those Vendors, (3) the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Released Parties, and (4) any cause, condition or event whatsoever beyond the control of the Released Parties. The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
SUSPENSION / MODIFICATION / TERMINATION: In the event Sponsor is prevented from continuing with the Contest by any event beyond their control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within their control (each a “Force Majeure” event or occurrence), Sponsor shall have the right to modify, suspend or terminate the Contest. Sponsor reserves the right to modify, suspend or terminate the Contest (including, without limitation, make changes to these Contest Rules) without notice or by posting a notice on http://www.isis-inc.org, in their sole and absolute discretion, including, but not limited to, if in their sole and absolute discretion, it is determined that the Contest is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or any Force Majeure event(s) has destroyed or severely undermined or impaired the integrity and/or feasibility of the Contest. Sponsor will have the authority to extend the Submission Period by posting notice thereof on the Contest Website. Each Contestant must check the Contest Website regularly to determine if there have been any changes made to these rules, the Contest or the Prize(s).
GOVERNING LAW / LIMITATION OF LIABILITY: This contest is void where prohibited or restricted by law. All federal, state and local laws and regulations apply. By participating, each contestant agrees to be bound by these rules and the decisions of the Sponsor and Judges which are final and binding in all respects. The Contest will be construed and evaluated only according to United States law. All issues and questions concerning the construction, validity, interpretation and enforceability of these rules or the rights and obligations of the Contestants, Sponsor or the Released Parties in connection with the Contest will be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws.
DAMAGES: By entering the Contest, each Contestant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with the contest, or any prize awarded, will be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards will be limited to actual third-party, out-of-pocket costs incurred, (if any), not to exceed two hundred fifty dollars ($250.00), but in no event will attorneys’ fees be awarded or recoverable; (3) under no circumstances will any Contestant be permitted to obtain any award for, and each Contestant hereby knowingly and expressly waives all rights to seek, punitive, incidental, consequential or special damages, lost profits and/or any other damages, other than actual out-of-pocket expenses not to exceed two hundred fifty dollars ($250.00), and/or any rights to have damages multiplied or otherwise increased; and (4) each Contestant’s remedies are limited to a claim for money damages (if any) and each Contestant irrevocably waives any right to seek injunctive or equitable relief. Some jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above may not apply to you.
DISPUTES / ARBITRATION: Each person who participates in the Contest irrevocably agrees that any dispute(s) will be resolved solely by binding arbitration before a sole arbitrator, with experience in advertising or promotion and entertainment law, under the rules and regulations of the American Arbitration Association (“AAA”); provided, however, that notwithstanding the parties’ decision to resolve any and all disputes arising under this Contest through arbitration, Sponsor may (1) seek to obtain injunctive relief or other equitable relief from a court to enforce the provisions of these rules; (2) bring an action in court to protect and interpret Sponsor’s intellectual property rights; and/or (3) bring an action to enforce the decision of the arbitrator before any court with applicable jurisdiction. The arbitration will be held in San Francisco, California. The arbitrator will apply the substantive laws of the state of California, will issue a written decision and will have the power to award any legal remedies except as limited by these Rules. The parties will split the arbitrator’s fee; provided, however, if applicable law requires Sponsor to pay the arbitrator’s fee in order for the arbitration provision to be enforceable, Sponsor shall have the discretion to elect to pay such fees and proceed to arbitration. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. This arbitration provision shall be deemed to be self-executing, and in the event that any party fails to appear to any properly noticed arbitration proceeding, an award may be entered against such party notwithstanding said failure to appear. In no event shall any Contestant seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the operation of this Contest (or any website connected therewith) or exploitation of any Submission.
MISCELLANEOUS: The invalidity or unenforceability of any provision of these rules or the Prize Acceptance Documents will not affect the validity or enforceability of any other provision. In the event that any provision of these rules or the Prize Acceptance Documents is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these rules will not constitute a waiver of that provision. Each Contestant agrees to waive any rights to claim ambiguity of these rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.
PRIVACY POLICY: Information provided in a Sponsor opt-in will be provided to Sponsor and used in accordance with Sponsor’s Privacy Policy, if applicable. Any requested opt-in consent is not required and will not increase your chances of winning. In the event of a conflict between these rules and the Privacy Policy, these rules will govern.
