DR. LAURA MARATHON “10 YEARS AND RUNNING” SWEEPSTAKES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.
A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. PROMOTION PERIOD. The Dr. Laura Marathon “10 Years and Running” Sweepstakes (the “Sweepstakes“) begins at 07:00am Pacific Daylight Time ("PDT") on Monday, September 26, 2022 and ends at 8:59:59am PDT on Monday, October 10, 2022 (the “Sweepstakes Period”). All entries must be received during the Sweepstakes Period. The Sponsor's computer is the official time keeping device for this Sweepstakes. Any attempted form of entry into the Sweepstakes other than as described herein is void.
2. ELIGIBILITY. The Sweepstakes is open only to individuals who meet the following criteria at the time and date of entry and through award of the prizes: (a) are eighteen (18) years of age (or age of majority in their jurisdiction of residence, if over 18) or older, and (b) are a citizen or legal resident of and physically residing in one (1) of the fifty (50) United States or the District of Columbia (the “Territory”). This Sweepstakes is void in Puerto Rico, Guam, American Samoa, all other United States territories, possessions, and protectorates, foreign based United States military installations and wherever restricted or prohibited by law. (Any person who attempts to participate in this Sweepstakes, regardless of whether they satisfy the above eligibility requirements and/or ultimately enter the Sweepstakes successfully, is referred to in these Official Rules as a “Participant”).Only one (1) entry per person permitted. Subject to all applicable federal, state, and local laws and regulations. Individuals who have won a prize from Take on the Day, LLC (the “Sponsor”), within one hundred eighty (180) days prior to the start date of this Sweepstakes are not eligible to participate or win. While we love our Canadian fans, due to different regulations governing sweepstakes in that country, we are unable to allow them to participate in this sweepstakes.
Employees of Take on the Day, LLC (the “Sponsor"), SiriusXM Holdings, Inc., (collectively, the "Sweepstakes 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, cohabitation or other family extension, and any other persons residing at the same household whether or not related.
This Sweepstakes will be conducted in the Territory by Sponsor and each person who participates in the Sweepstakes (each “Participant”), unconditionally accepts and agrees to comply with, abide by, and have all participation subject to these Official Rules and the decisions of the Sponsor, which shall be binding with respect to all aspect of the Sweepstakes in the Territory.
3. HOW TO ENTER. There are a maximum of two (2) ways to enter:
a. Participants will submit their entry through the entry form on the Sweepstakes landing page found at https://www.drlaura.com/dr-laura-marathon-10-years-and-running-sweepstakes.
Sweepstakes participants will be required to submit their name, a valid email address, and up to three content topics from the choices provided that they consider their favorites for the 2022 Thanksgiving Weekend Marathon on the Sweepstakes form provided on the Sweepstakes landing page. All required information must be completed for a valid entry. Upon successful completion of the entry form, Participant will be automatically entered into the Sweepstakes for a chance to be randomly selected to win a prize. Participant may enter a maximum of one (1) time during the Sweepstakes Period using this method, regardless of the number of emails a Participant may have. Incomplete entries will be disqualified.
b. Alternative Means of Entry (“AMOE”): To obtain an entry without choosing content topics, Participant must legibly handprint their name, city and state, and complete e-mail address on a standard 3” x 5” card and mail in a handwritten envelope which includes a handwritten return address in the upper left-hand corner that matches Participant’s street address. Participant is not permitted to use any third party to assist with the entry process in any way. The envelope must have sufficient postage and be free of any extraneous decoration, drawing, stickers, or tape. Mail to: Dr. Laura Marathon Ten Years and Running Sweepstakes, P.O. Box 8120, Van Nuys, CA 91409 (“Mail-In Entry”). Limit one (1) Mail-In Entry per envelope. Mail-In Entry and envelope must be legibly handwritten. Mechanical reproductions, postage-due, and Mail-In Entries sent in excess of the entry limits will not be accepted. Mail-In Entries received without a verifiable and legible residential return address as required herein or in any adorned envelope will be deemed incomplete and void. Mail-In Entries must include all required information (as provided above) to be considered a valid entry. Bulk shipments (multiple entries in one shipping package) will not be accepted and will be destroyed. Mail-In Entry must be postmarked during the Period and received no later than seven (7) days after the end of the Sweepstakes Period. Earn one (1) entry per valid Mail-In Entry. Participant is limited to one (1) Mail-in Entry during the Sweepstakes Period. Requests for confirmation of receipt of Mail-In Entry will not be acknowledged. No photo copies, facsimiles, or reproductions of Mail-In Entry will be accepted. Sponsor is not responsible for late, lost, damaged, stolen, incomplete, illegible, postage due, or misdirected entries. Proof of mailing does not constitute proof of delivery. By using this AMOE method, Participant agrees that any other entries using other methods will be void.
4. CONTENT GUIDELINES AND RESTRICTIONS FOR SUBMISSIONS. All content that is submitted in this Sweepstakes shall be consistent with the Guidelines and Restrictions set forth below.
Your Entry shall not contain any content that the Sponsor, in its sole and absolute discretion, determines to:
be vulgar, offensive, sexually explicit, profane or pornographic;
be derogatory of any race, ancestry, place of origin, color, ethnic origin, citizen- ship, religion, sex, sexual orientation, age, marital status, family status or disability; endorses any form of hate or hate group; defames, misrepresents or contains disparaging remarks about other people, products or companies;
be violent or promotes the use of alcohol, illegal drugs, tobacco, or weapons; promotes unsafe activities;
be the previous recipient of any award;
be previously published;
promote any political agenda or message;
appear to duplicate any other submitted Entry;
contain copyrighted materials owned by others, except as provided in these rules with regard to use of Dr. Laura Schlessinger’s books and quotes;
contain third-party trademarks, logos, trade dress or insignia, including brand names of products, except as provided in these rules with regard to use of Dr. Laura Schlessinger’s books and quotes;
contain e-mail addresses, street addresses, phone numbers, or other personally identifiable information, other than the use of Dr. Laura Schlessinger’s name;
communicate messages inconsistent with the positive image of the Sponsor’s name and/or any of its brands;
contain any material that violates or infringes another's rights, including but not limited to material that violates privacy, publicity, or intellectual property rights, or that constitutes copyright infringement;
violate any federal, state or local laws or ordinances; or
include or refer to any third parties, including but not limited to minors, celebrities, family, or friends, who have not expressly authorized such inclusion or reference. Participant must be prepared to provide signed third-party authorizations upon request from Sponsor.
The Sponsor reserves the right to reject any Entry which Sponsor determines, in its sole and absolute discretion, does not meet the above criteria or is otherwise offensive or is not in keeping with the Sponsor’s image and reputation. Sponsor reserves the right to disqualify any Entry without prior notice.
By submitting an Entry, you warrant and represent that you consent to the submission and use of the Entry in the Sweepstakes and to its use as otherwise set forth herein.
6. OWNERSHIP RIGHTS OF ENTRY. Participant understands and agrees that they shall retain all ownership rights in Entry to the extent such ownership rights attach; however, by submitting an Entry, Participant hereby grants Sponsor a perpetual, worldwide, irrevocable, exclusive, royalty-free, sublicensable and transferable license to edit, publish, use, adapt, exploit, modify, create derivative works, or dispose of any Entry, in whole or in part, online, in print, film, television, or in any other media now or hereafter known throughout the world in perpetuity without compensation, permission or notification to Participant or any third party, for any purpose whatsoever. At no time shall Participant obtain any rights in any intellectual property owned by Sponsor or Dr. Laura Schlessinger. By submitting an Entry, you acknowledge and agree that Sponsor may obtain many submissions in this Sweepstakes and that your Entry may be similar or identical in theme, idea, format or other respects to others submitted in this Sweepstakes or other promotions sponsored by the Sponsor, or to other ideas conceived by or provided to Sponsor, and you waive any and all claims you have or may have, now or in the future, that any Entry and/or other works accepted, reviewed and/or used by the Sponsor (or its designees) are similar or identical to your Entry. Except where prohibited by law, you acknowledge and agree that the Sponsor does not have now, nor shall it have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright in and to your Entry.
By entering this Sweepstakes, you signify and agree that your Entry and any other materials submitted in connection with this Sweepstakes may be posted or otherwise appear on Sponsor’s website and/or other social media sites or applications for public viewing during or after the conclusion of the Sweepstakes Period. Neither Released Parties (as defined below) nor Sweepstakes Entities are liable for the use of any Entry by any third party. Participant acknowledges and agrees that Released Parties and Sweepstakes Entities have no, nor shall have in the future, any duty or liability, direct or indirect, vicarious, contributory or otherwise, with respect to the infringement or protection of any copyright in and to any Entry.
7. DETERMINATION OF WINNERS/JUDGING. Within ten (10) business days of the close of the Sweepstakes on Monday, October 10, 2022 at 8:59:59 am Pacific Daylight Time, Dr. Laura Schlessinger and/or representatives of her choosing will select one (1) Grand Prize Winner and ten (10) Second Prize winners. All eligible Entries received during the Sweepstakes Period will be entered into a random drawing. Decision of the Sponsor is final. All winners will be notified by a message to them using the email address provided within ten (10) business days of the Sweepstakes conclusion.
The Sweepstakes for prizes is entirely based on chance and random drawing. By the mere submission of an Entry, Participant acquires no automatic right to be awarded a prize, nor any other right except for the right to have such entry entered into the random drawing, subject to these Official Rules and any supplemental rules on the Sweepstakes Landing Page. Should there be a conflict between these Official Rules and any other rules or guidelines, these Official Rules will prevail.
Verification of Potential Winners: PARTICIPANT ACKNOWLEDGES THAT ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. A PARTICIPANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ELIGIBILITY HAS BEEN VERIFIED BY SPONSOR.
Potential Winners will be notified by Sponsor via email from firstname.lastname@example.org.
8. PRIZES. Eleven (11) Potential Winners will be selected in this Sweepstakes. There will be one (1) Grand Prize winner for this Sweepstakes, and ten (10) Second Prize additional winners. All Prizes legitimately claimed will be awarded.
All winners will be randomly selected. Each Potential Winner will be awarded one (1) of eleven (11) prizes.
Grand Prize: One (1) winner will be awarded one (1) Grand Prize Pack, consisting of a limited edition glass art piece handcrafted by Dr. Laura, two (2) copies of books selected from Dr. Laura’s best-selling "10 Stupid Things" collection, a set of (2) Dr. Laura baseball caps, and (2) Dr. Laura silicone bracelets. The total approximate retail value (“ARV”) of the Grand Prize Pack is $573.98.
Second Prize: Ten (10) winners will be awarded one (1) Prize Pack each, consisting of two (2) copies of books selected from Dr. Laura’s best-selling "10 Stupid Things" collection, a set of (2) Dr. Laura baseball caps, and (2) Dr. Laura silicone bracelets. The total approximate retail value (“ARV”) of the Second Place Prize Pack is $73.98. The total value of all Second Place Prizes is $739.80.
The total ARV of all prizes is $1,313.78.
The specifics of all aforementioned elements of the prize in the Sweepstakes shall be solely determined by Sponsor. All costs, taxes, fees and expenses associated with any element of any prize are the sole responsibility of the respective Prize Winner. All federal, state and local taxes on prizes are the Winner(s)’ responsibility.
9. RELEASE FORMS. Winner(s) will be notified by email within ten (10) business days of the drawing and will be given five (5) business days to confirm receipt of notification. Sponsor is not responsible for any change of email address of Participants. If the 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 and if time permits. The potential winner will be required to complete and return prize claim documents (including an Affidavit, Liability Release and, except where prohibited by law, a Publicity Release) (the "Affidavit") as provided in the notification. Failure to return the executed Affidavit within the time allowed may result in forfeiture of prize and random selection of alternate winner from remaining eligible entries. Winner(s) may be subject to a verification process, to include winner's name, address, home phone number, work/cell phone number, and social security number or taxpayer identification number. Neither the Sweepstakes Entities nor the Released Parties are liable if prize notification letter is lost in the mail or email is not responded to within the time allowed.
10. RELEASE. Nothing in these Official Rules shall be deemed to exclude or restrict any of the Winner(s)’ or the Participants’ statutory rights as a consumer. To the extent permitted by applicable law, by entering this Sweepstakes or receipt of any prize, Participant agrees to release and hold harmless the Sponsor, Dr. Laura Schlessinger, SiriusXM Holdings, Inc., Meta Platforms, Inc., Apple, Inc., Google, LLC., YouTube, LLC and any participating Sponsor vendors, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, judges, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees, and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including but not limited to damage to or loss of property arising out of participation in the Sweepstakes, or receipt or use or misuse or any prize.
11. GENERAL DISCLAIMER. The Released Parties and Sweepstakes Entities disclaim all liability for the inability of a participant to complete an entry due to equipment malfunction, busy lines, inadvertent disconnections, untimely mail delivery, acts beyond their control, or otherwise. The Sweepstakes Entities disclaim all liability for any delays, mis-delivery, loss, or failure in the delivery of any item sent by electronic transmission or other delivery method. The Sweepstakes Entities are not 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 tele- phone lines, the Internet, or on any website, or lost or unavailable network connections which may limit an online participant's ability to participate in the Sweepstakes, 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 Sweepstakes. No mechanically reproduced entries or facsimiles will be accepted. Entries void if incomplete, defective, altered, forged, illegible, or 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) for any reason including but not limited to tampering with the entry process. Sponsor reserves the right, in its sole discretion to cancel or suspend this Sweepstakes should fraud, virus, bugs or other causes beyond the control of Sponsor corrupt the administration, security or proper play of the Sweepstakes. In the event of cancellation, Sponsor reserves the right to not choose a winner or to determine winner from among the existing eligible entries in an equitable manner as determined by Sponsor.
Prizes are not transferable. No substitutions or exchanges (including for cash) of any prize will be permitted, except that Sponsor reserves the right to substitute a prize of equal or greater value for any prize. 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).
12. LIMITATIONS OF LIABILITY. To the extent permitted by mandatory provision of the applicable law, Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Participant, printing, typographical, or other errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including without limitation, malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Sweepstakes, the uploading, the processing or judging of entries, or votes or the tabulating of votes, the announcement of the prizes, or in any Sweepstakes-related materials; (5) late, lost, undeliverable, damaged or stolen mail; (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Participant’s participation in the Sweepstakes or receipt or use or misuse of any prize (including any travel/activity related thereto); (7) any claims that the Participant's entry violates or infringes the intellectual property rights of a third party; (8) any claims by an Participant that its entry is similar to or competitive with technologies or products independently developed by Sponsor or received by Sponsor from third parties, including from other Participants; or (9) any claim by an Participant for reimbursement or remuneration of funds used in creating the Released Parties are not responsible for misdirected or undeliverable entries or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination hereof. Released Parties are not responsible for any unauthorized third party use of any entry.
13. PUBLICITY; USE OF PERSONAL INFORMATION. By participating, unless prohibited by law, all Participants and winner(s) grant the Sweepstakes Entities permission to use their names, biographical information, characters, photographs, videos, voices, and/or likenesses in connection with promotion of this and other Sweepstakes in any and all media now known or hereinafter invented without territorial or time limitations and waive any claims to compensation, royalty, right, or remuneration for such use. By participating in the Sweepstakes, unless prohibited by law, Participants agree that the Sponsor may disclose personal information obtained from participants in the Sweepstakes to third parties and use such information for marketing and other purposes. Winner agrees that Sponsor or its designee may photograph, audio record, and/or video record (the “Footage”) any portion of the prize. Sponsor and its designees shall have the right to edit, exploit, adapt, distribute, post, create derivative works of, and otherwise use the Footage in whole or in part, and in combination with other materials, in any manner, for any advertising, promotional, trade, commercial, or other purposes in any and all media, now or hereafter devised, worldwide, and without further payment or consideration, notification or permission.
14 TAXES. Any valuation of the prize stated above is based on available information provided to the Sponsor and the 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 taxes related to the prize and paying any expenses associated with the prize which are not specifically provided for in the 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, if requested. Any person winning $600.00 or more in prizes from the Sponsor/Administrator in a calendar year will receive an IRS form 1099 by the reporting deadline and a copy of such form will be filed with the IRS.
15. CONDUCT AND DECISIONS. By participating in the Sweepstakes, Participants agree to be bound by the decisions of Sponsor and their designated personnel. Persons who violate any rule, gain unfair advantage in participating in the Sweepstakes, or obtain winner status using fraudulent or unauthorized means will be disqualified. Unsportsmanlike, disruptive, annoying, harassing or threatening behavior is prohibited. The Sponsor will interpret these rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Sweepstakes and the Sponsor's decisions concerning such disputes shall be final. If the conduct or outcome of the Sweepstakes 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 Sweepstakes, 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 Sweepstakes 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.
16. 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. BY ENTERING THE SWEEPSTAKES, PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIVE DOLLARS ($5.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT 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 FIVE DOLLARS ($5.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) PARTICIPANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
Participant, Sponsor, and the Released Parties (each, a “Party” and collectively the “Parties”) each agree to fully and finally settle all disputes pertaining to the Sweepstakes, administration of the Sweepstakes, and/or these Official Rules only through binding arbitration (in each case, a “Dispute”); provided, however, (a) Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in or closest to Los Angeles, California and any other court with jurisdiction over the Parties. In arbitration, there is no judge or jury, and review is limited. The arbitrator’s decision and award are final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction.
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.
Notwithstanding the foregoing, Sponsor may seek equitable relief in any court of competent jurisdiction.
17. SEVERABILITY. In the event any provision of these Official Rules is held to be unenforceable, these Official Rules will continue in full force and effect without such provision. If any provision contained in these Official Rules shall for any reason be held to be excessively broad as to duration, geographical scope, activity, or subject, it shall be construed by limiting and reducing it, so as to be enforceable to the extent compatible with applicable law. These Official Rules are intended to be the complete, final, and exclusive statement of the terms of the agreement between each Participant and the Sponsor relating to the subject matter.
19. WINNER LIST. For a winner list, where required by law, send a stamped, self-addressed envelope no later than January 1, 2023 to: Dr. Laura Sweepstakes, P.O. Box 8120, Van Nuys, CA 91409. Vermont residents only may omit return postage. Sponsor reserves the right to post the winner list on the Sweepstakes Page.
20. SPONSOR. Take on the Day, LLC, P.O. Box 8120, Van Nuys, CA 91409.
f21. VOID WHERE PROHIBITED BY LAW
© 2022 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 Sweepstakes is in no way sponsored, endorsed, or administered by, or associated with SiriusXM Holdings, Inc., Meta Platforms, Inc., Apple, Inc., Google, LLC, YouTube, LLC or any other third-party, unless specifically noted. Use of their trademarks or intellectual property is either licensed or used incidental to this promotion. You are providing your information to Sponsor and not to any specific social platform.