Acerthorn Secret Joke Contest Rules (Version #1)

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.

  1. Eligibility

    1. The Acerthorn Secret Joke Contest (the “Contest”) is open to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry, or who are at least thirteen (13) years old at the time of entry with the official, written consent of their parent or legal guardian. The Contest is subject to federal, state, and local laws and regulations.

    2. The contest is not available to anyone who is not a legal resident of the United States of America. Also, in order to comply with the Children's Online Privacy Protection Act (COPPA), the Contest is not available to anyone under the age of 13, regardless of nationality.

  2. Sponsor

    1. The Contest is run and administered by Acerthorn, the owner of the eponymous youtube channel.

    2. Youtube, LLC, Google, LLC, and any and all of their affiliates, are not in any way, shape, or form affiliated with this contest. They are not sponsors of this contest, and by participating in this contest, you agree to release them from all liability that may arise in connection with this contest.

  3. Agreement to Official Rules

    1. Participation in the Contest constitutes entrant's full and unconditional agreement to and acceptance of these Official Rules and the decisions of Acerthorn, which are final and binding.

    2. Winning a prize is contingent upon being compliant with these Official Rules and fulfilling all other requirements set forth herein.

  4. Contest Period

    1. The daily secret joke contest for each episode begins at 5:00PM (CST) on each day and ends at 5:00PM (CST) the next day. Entries that are submitted before or after the Contest Period will be disqualified. Submissions will be accepted for the duration of each daily contest using the online questionnaire provided in the description of each daily video.

    2. On or around the first day of each month, Acerthorn will endeavour to make a video announcing a prize, valued in the range of $49.99 - $75.00, which viewers will compete for during that month. The winner of the prize for one month will be announced on a day the following month as outlined below. For example, the winner of the prize for the month of July 2021 will be announced in August 2021, and so on and so forth.

  5. How to Enter

    1. In the descriptions of every applicable Youtube video on the “Acerthorn” Youtube Channel, a link will be provided to the questionnaire to be filled out in connection with that video. Limit one (1) entry per person, one (1) entry per email address, and one (1) entry per household for each Daily Secret Joke. Entries received from any person, email address, or household in excess of the stated limitation will be void, and persons found to be in violation of this limitation may be subject to being prohibited from future participation in this Contest.

  6. Contest Procedure and Prize Drawing

    1. The winner of the monthly contest will be determined according to the following procedure:

    2. DAILY SECRET JOKE

      1. Every day, Acerthorn will attempt to publish at least one (1) video on his youtube channel (subject to restrictions as outlined below) containing a secret joke. The secret joke in this video can include anything from a pop culture reference, a reference to history, political satire, etcetera. At the beginning of the description of each video, Acerthorn will provide a clue as what the secret joke is in order to assist viewers in finding the secret joke.

      2. In the description of each video, immediately after providing the clue to the secret joke, Acerthorn will provide a link to a questionnaire. To win the daily secret joke, viewers must fill out the questionnaire for that video, providing answers to all mandatory fields, and exercising good faith in doing so. Where prompted, they must accurately provide the timestamp in the video where the secret joke was made, and where prompted, provide a brief description of what the secret joke was and what it is a reference to.

      3. On or around one day after the daily secret joke contest has closed, Acerthorn will review the submissions in order of first to last. The first one to submit a full and complete questionnaire with good faith answers while simultaneously correctly identifying the secret joke, its reference, and the appropriate timestamp will be classified as the “Daily Secret Joke Finalist” for that day.

      4. No person may be a “Daily Secret Joke Finalist” for more than three (3) days out of any month. There is no penalty for submitting daily secret joke questionnaires in excess of three (3) victorious entries per month, but no more than three (3) per month will be eligible to move onto the Final Drawing.

    3. BACKUP DRAWING

      1. If nobody correctly identifies the secret joke, its reference, and/or its timestamp in the corresponding video by the time the daily secret joke closes, then Acerthorn will take all the entries that fully and in good faith filled out the remainder of their questionnaires for that day (whether the fullness and good faith requirements have been satisfied shall be determined at Acerthorn’s sole discretion) and select one of them at random. The method of selection shall be at Acerthorn's sole discretion, but will be entirely random, and all eligible entries will have an equal chance of winning. The one who is randomly selected will be the “Daily Secret Joke Finalist” for that day.

      2. No person who has already earned at least one spot as a “Daily Secret Joke Finalist” for the current month (whether that spot was earned for identifying the Secret Joke, or by winning a previous backup drawing) will be eligible for any backup drawing for that month, but will still be eligible for backup drawings in any month in which he or she has not yet obtained a spot as a Daily Secret Joke Finalist.

    4. LAST CHANCE DRAWING

      1. At the end of each monthly cycle of daily secret jokes, all eligible participants who submitted a full and complete daily questionnaire but who did not become a Daily Secret Joke Finalist for that month (whether by correctly identifying the secret joke or by winning the Backup Drawing) will all be entered into one collective drawing. Using a method that is equally random to that of the Backup Drawing, Acerthorn will randomly randomly select one eligible participant to be the “Last Chance Finalist” for that month.

      2. Note that, while each participant is only allowed to submit one (1) questionnaire per Daily Secret Joke, they may earn multiple entries into the Last Chance Drawing by submitting questionnaires for multiple Daily Secret Jokes. There is no hard limit on the number of entries a participant may make into the last chance drawings. However, because only one entry is allowed per day, there is a soft limit of 31 monthly entries into the Last Chance Drawing.

      3. No person who has earned a spot as a Daily Secret Joke Finalist for that month (whether that spot was earned for identifying the Secret Joke, or by winning a previous backup drawing) will be eligible for the Last Chance Drawing. However, they may still be eligible for Last Chance Drawings for any months in which they have not earned a spot as a Daily Secret Joke Finalist.

    5. FINAL DRAWING

      1. On or about the third day of each month, after the deadline for the final Daily Secret Joke of the previous month, Acerthorn will take all Daily Secret Joke Finalists (regardless of how they were so named), as well as the Last Chance Finalist for that month, and enter them all into a Final Drawing. Acerthorn will then use a random process of his choosing to select one entry from this Final Drawing. That person will be the “Final Winner,” and win the prize for that month, as outlined in Section 8 of these Contest Rules.

  7. Winner Notification and Prize Delivery

    1. On or about the day after the deadline for the final Daily Secret Joke of the previous month, Acerthorn will make and publish a video, separate from any videos mentioned in Section 6(b)(i) of these Rules, where he will describe the secret joke, its reference, and the timestamp for each applicable episode. He will then announce the Daily Secret Joke Finalist for that day, using the alias requested by that participant if an alias was given, and using their real first and last name if no alias was given. Once all secret jokes have been properly revealed and all Daily Secret Joke Finalists have been identified (via their chosen alias or otherwise), the Last Chance Finalist will be announced. The Final Drawing will then take place, and the name or chosen alias of the Final Winner will then be announced.

    2. If the prize can be delivered electronically, then it will be delivered to the email address provided in his or her questionnaire(s). If the prize must be delivered physically, it will be delivered using a courier service of Acerthorn's choosing to the address provided by the winner in his or her questionnaire(s). A tracking number for that shipment will be provided to the Final Winner at the aforementioned email address.

  8. Prizes

    1. The prize awarded to each final winner will be announced at or prior to the beginning of each monthly cycle unless Acerthorn is unable to announce the prize by that time, at which point, Acerthorn pledges to announce the prize as soon as he is able.

    2. If Acerthorn is unable to provide the advertised prize, the final winner agrees to accept a cash prize of equal value (excluding any applicable sales or other taxes) to the prize that was offered.

  9. Contest Rules

    1. By submitting any questionnaire in participation of this Contest, you hereby agree and certify that all of the following are true and correct to the best of your knowledge:

      1. That you are either 18 years of age or older, or that you are at least 13 years of age and have permission from a parent or legal guardian to participate in this Contest.

      2. That you are a legal resident of the United States and currently reside in that country on a full-time basis.

      3. That you are participating in this Contest freely, voluntarily, and under no duress.

      4. That your participation in this Contest does not violate any laws of your state or municipality.

      5. That you have answered all required questions on your questionnaire, and that all questions (whether they be required or optional) were answered fully, honestly, in good faith, and to the best of your knowledge, and

      6. That your participation in this contest is being conducted in a way that is consistent with Youtube's Community Guidelines: http://www.youtube.com/t/community_guidelines

    2. To be eligible for this contest, you must conduct yourself in the questionnaire, on Youtube, and on any other social media platform where Acerthorn's youtube channel is discussed or promoted, in a polite and professional manner, both towards Acerthorn himself as well as towards other commenters on Acerthorn's youtube channel, with other forum posters in forum threads which discuss Acerthorn's channel or this Contest, or with any other contest participants. Any criticism of Acerthorn (including, but not limited to, his Youtube content, the running of this Contest, or anything involving his personal life) must be kept to constructive criticism, and any disagreements with Acerthorn, or with any other commenters on Acerthorn's channel, must be kept civil.

    3. To ensure that all play is fair and even, you agree not to publicly discuss what the secret joke is, what it is a reference to, or its ttimestamp, for any video until Acerthorn himself has revealed what the secret joke was in the monthly video discussed in Section 7(a) of these Official Rules, though any medium available to the public, including but not limited to, the Youtube comments section, any forum post, any video sharing website (including but not limited to Youtube), or any live streaming service.

      1. However, you may discuss the secret joke, its reference, and/or its timestamp in private in a way that does not disrupt the ability of other people to participate in the contest.

      2. You may also freely discuss, publicly or privately, any other portion of the video content or any of your answers to other questions in the questionnaire, especially those which do not have definitive right or wrong answers (including, but not limited to, any fields requesting your favorite or least favorite parts of the corresponding video, or any suggestions for improvements).

      3. You may also freely discuss, publicly or privately, any of the secret jokes once the opportunity to complete their corresponding daily questionnaires have expired pursuant to Section 4(a) of these Rules.

      4. However, when making any such discussion, you agree not to share any personal information of any other participant without their express consent, and you agree that any personal information you share (whether yours or another's) is your sole responsibility, and that you are solely accountable for any harm that this publication brings to yourself or anyone else. You agree to hold Acerthorn harmless for any harm that your discussion may cause in this regard and to properly compensate any victims for any harm done.

    4. During the participation of this Contest or any discussion regarding this Contest, you agree not to engage in any illegal activity or encourage others to engage in any illegal activity.

    5. Failure to comply with any of these terms, including terms in other sections of these Official Rules, is grounds for Acerthorn to ban you – either permanently or temporarily – from participation in this Contest, in addition to any other remedies (e.g. compensatory and punitive damages) that may otherwise be available at law or in equity. If you are banned, you agree not to attempt to participate in the Contest in any way shape or form for the duration of your ban. You also agree to not make any attempts to circumvent the ban in any way, shape, or form. Furthermore, you agree to pay Acerthorn whatever costs (including attorney's fees) he incurs in order to secure whatever means necessary (such as injunctions) to enforce the ban or prevent its circumvention.

  10. General Conditions

    1. In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to fraud, virus, bug, worm, unauthorized human intervention or other technical problem, or in the event the Contest is unable to run as planned for any other reason, as determined by Acerthorn in his sole discretion, Acerthorn may, in his sole discretion, either (a) suspend the contest to address the impairment and then resume the contest in a manner that best conforms to the spirit of these Official Rules, or (b) terminate the Contest and, in the event of termination, award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment.

    2. Acerthorn may, in his sole discretion, update these Official Rules to include provisions or changes to provisions that, in his sole discretion, are necessary to make the contest more fair and/or balanced, or otherwise make the contest more commercially viable. The new provisions shall take effect on the next Daily Secret Joke after the terms are published, and may be retroactively applicable to older submissions to the extent said retroactive application is necessary to comply with any applicable state or federal laws.

    3. This contest is provided AS-IS, with no warranties – express or implied – that the contest will continue for any length of time. Acerthorn may, in his sole discretion and at any time, cancel the contest and may, in his sole discretion and at any time, bring the contest back from cancellation, with or without modifications.

    4. Although Acerthorn seeks to make at least one (1) video per day that has a secret joke, living up to that expectation will depend heavily on Acerthorn's ability to make videos. If, for any reason (including, but not limited to, computer hardware or software failure, bugs, viruses, worms, or anything involving Acerthorn's health or personal life), Acerthorn is unable to make any videos for any given length of time, you agree that the Contest will be suspended for that duration.

    5. Acerthorn reserves the right in his sole discretion to disqualify any individual he finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to damage the website or undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should an attempt be made, Acerthorn reserves the right to seek damages (including attorney's fees) and any other remedies from any such person to the fullest extent permitted by law. Failure by Acerthorn to enforce any provision of these Official Rules shall not constitute a waiver of that provision.

    6. In the event you are found to be liable for any violation of these terms of service, you hereby agree to reimburse Acerthorn all costs, including attorneys fees, incurred by him in obtaining judgment against you.

  11. Release and Limitation of Liability

    1. By participating in the Contest, entrants agree to release and hold harmless Acerthorn from and against any claim or cause of action arising out of participation in the Contest or receipt or use of the prize (including any travel or activity related thereto), including, but not limited to: (a) any technical errors associated with the Contest, including lost, interrupted, or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability or accessibility or miscommunication, or failed computer, satellite, telephone, cellular tower or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures, or difficulties; (B) unauthorized human intervention in the Contest; (c) mechanical, network, electronic, computer, human, printing, or typographical errors; (d) application downloads, (e) any other errors or problems in connection with the Contest, including, without limitation, errors that may occur in the administration of the Contest, the announcement of the winner or finalists, the cancellation or postponement of the event and/or the flyover, if applicable, the incorrect downloading of the application, the processing of entries application downloads or in any Contest-related materials; or (f) injury, death, losses, or damages of any kind, to persons or property which may be caused, directly or indirectly, in whole or in part, from an entrant's participation in the Contest or acceptance, receipt or misuse of the prize (including any travel or activity related thereto).

    2. Entrants further agree that in any cause of action, Acerthorn's liability will be limited to the cost of entering and participating in the Contest, and in no event shall the entrant be entitled to receive attorney's fees. Acerthorn is also not responsible for any incorrect or inaccurate information caused by anyone other than himself, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.

  12. Binding Arbitration/Class Action Waiver

    1. Except where prohibited, each entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and shall be conducted exclusively by binding arbitration under the American Arbitration Association. The proceedings shall be conduct according to AAA's consumer arbitration rules and shall be before a single arbitrator.

    2. In the event any in-person hearings are deemed necessary, you hereby agree that the hearings shall take place within the city limits of Acerthorn's home town, and that Acerthorn shall not be required to travel more than ten miles from his home to attend the hearing.

    3. You agree to furnish, in the first instance, all fees associated with the arbitration proceeding.

  13. Choice of Law These Rules, the Contest, and your participation in the Contest, shall be governed by the laws of the State of Arkansas, without regard to conflict of law provisions.

  14. Privacy

    1. Acerthorn will collect the real names, addresses, and email addresses of any persons participating in this contest at the time they submit their questionnaires. This personal information will not, without your express, written permission, be used by Acerthorn in any way, shape, or form except …

      1. to the extent necessary to run and administer the Contest or enforce its rules,

      2. to the extent disclosure to third parties is required by law, or

      3. to the extent Acerthorn reasonably believes disclosure to law enforcement is necessary to uphold the law.

    2. Acerthorn will not, for any reason or for any fee, share your personal information with any entity except …

      1. Any employees or assistants who Acerthorn hires to assist him in the administration of the Contest, on the condition that they agree to hold your personal information in equal confidence.

      2. Any law enforcement agents to the extent that Acerthorn reasonably believes that said sharing is necessary to uphold the law.

      3. Acerthorn may publicly give your real name or youtube username when publicly announcing the finalists or final winner for the Contest each month, unless you have requested another alias be used instead. Acerthorn will provide a space in each questionnaire for you to provide an alias to be used in such a case.


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