Giveaway Terms and Conditions
ELIGIBILITY- The Promotion is open to all applicants who are legal residents of Texas and are 21 years of age or older (each, an “Entrant”). Entrants under the age of 21 must have permission from their parents or legal guardians to participate. Employees of Sponsor, and its parent, subsidiaries, affiliates and promotion and advertising agencies, and members of their immediate family (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and persons living in the same household, whether or not related, of such employees, are not eligible to enter or win. The Promotion is subject to all applicable federal, state, and local laws. Void where prohibited by applicable law.
LIMIT- One (1) Entry per person. Any individual suspected of submitting entries in excess of the limit will be disqualified from participation in the Promotion. Entries generated by script, macro or other automated or mechanical means and Entries by any means which subvert the entry process are void.
ENTRY GUIDELINES-The Entry must: (i) not contain any personally identifiable health information in violation of the Health Insurance Portability and Accountability Act of 1996, as amended; and (ii) not defame or invade the publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or property rights or any other third party rights. Sponsor reserves the right to disqualify any Entry that it determines, in its sole discretion, violates these guidelines.
PRIZES– All federal, state, and local taxes associated with the receipt or use of any Prize are the sole responsibility of the Winner. Sponsor reserves the right, at its sole discretion, to substitute the Prize with one of comparable or greater value. Prize award is subject to verification of eligibility and compliance with these Official Rules. All prize details are at Sponsor’s sole discretion. Sponsor makes no representations or warranties of any kind concerning the appearance, safety, or performance of any prize. Odds of winning a prize depend on the number of eligible entries received.
WINNER NOTIFICATION– The Winner will be notified by telephone, mail, and/or email. Return of prize notification as undeliverable, Winner’s failure to sign and return any requested documentation within the specified time period, the inability of Sponsor to contact the Winner within a reasonable time period, or noncompliance with these Official Rules by the Winner will result in disqualification and, at Sponsor’s sole discretion, an alternate winner may be selected.
OWNERSHIP/USE OF ENTRIES- By submitting an Entry, you acknowledge that Sponsor and its designees may, but shall not be obligated to, exploit, edit, modify, publish and distribute the Entry and all elements of such Entry, including, without limitation, the names of any persons or locations embodied therein, for editorial, commercial, promotional and all other purposes (including posting on any websites), without further compensation, permission or notification to you.
GENERAL CONDITIONS/RELEASE- By submitting an Entry, you represent and warrant that: (i) you have read, understand, and will follow the Official Rules and decisions of Sponsor, which shall be final and binding in all respects relating to this Promotion; and (ii) the Entry complies with these Official Rules. By submitting an Entry, you further grant to Sponsor the right (except where otherwise prohibited by law), to use your name, likeness, and Entry for programming, advertising, publicity and promotional purposes in any and all media, now or hereafter known, worldwide and on the internet, and in perpetuity by Sponsor and its designees, without compensation (unless prohibited by law) or additional consents from you or any third party (unless specifically requested by Sponsor to so provide) and without prior notice, approval or inspection. In addition, you agree to release, discharge and hold harmless Sponsor and its parent, affiliates, subsidiaries, and advertising and promotion agencies, and their respective officers, directors, shareholders, employees, agents and representatives of the foregoing (collectively, “Released Parties”) from any and all injuries, liability, losses anddamages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from Entrant’s participation in the Promotion or any Promotion-related activity (including, without limitation, Entrant’s access to, or submission through, the entry page) or the acceptance, possession, use or misuse of the awarded prize. You agree to waive (i) any right to publicity, privacy or moral rights relating to the Entry oryour participation in this Promotion, and (ii) any right to inspect or approve uses of the Entry or to be compensated for any such uses. To the extent these rights may not be waived legally, you agree not to assert them.
IMPORTANT DISCLAIMERS AND LIMITATIONS- Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, delayed, stolen, delayed, misdirected, undelivered, illegible or garbled Entries or for postage-due mail; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotion, the processing or judging of entries, the announcement of the prize, or in any Promotion-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Promotion. Released Parties are not responsible for injury or damage to any person's computer related to or resulting from participating in this Promotion or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Promotion or website, who act in an unsportsmanlike or disruptive manner or who are in violation of these official rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Should any portion of the Promotion be, in Sponsor’s sole opinion, compromised by a virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of Entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Promotion and, if terminated, at its discretion, select the potential winner from all eligible, non-suspect Entries received prior to action taken using the judging procedure outlined above. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
There are NO WARRANTIES express or implied made by Sponsor and, additionally, no implied indemnities of any kind.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE RELEASED PARTIES HEREBY DISCLAIM ANY WARRANTIES, OBLIGATIONS, LIABILITIES, RIGHTS AND REMEDIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, ARISING BY LAW OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, INFRINGEMENT OR ANY IMPLIED INDEMNITIES. YOU UNDERSTAND AND ACKNOWLEDGE THAT SPONSOR HAS NOT MADE, AND YOU ARE NOT RELYING ON, ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS TO YOU REGARDING THE VALUE OF THIS PROMOTION OR THE ODDS OF YOU BECOMING A WINNER, OR ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS USED IN CONNECTION WITH THE PROMOTION, THESE OFFICIAL RULES OR ANY WEBSITES. ALL DATA, INFORMATION, PRODUCTS, SERVICES, AND GRAPHICS RELATED TO THE PROMOTION, THESE OFFICIAL RULES AND ANY WEBSITES ARE PROVIDED "AS-IS, WHERE-IS" WITHOUT TECHNICAL SUPPORT OF ANY KIND.
IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST PRIZES) RELATED TO THE PROMOTION. THESE OFFICIAL RULES, THE PERFORMANCE OR BREACH OF THESE OFFICIAL RULES BY SPONSOR, THE USE OR EXPLOITATION OF ANY CONTENT, OR OTHERWISE, EVEN IF SPONSOR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES OR IF THE EXCLUSIVE REMEDIES STATED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.
Sponsor reserves the right to cancel, terminate, modify, or suspend the Promotion at any time.
MISCELLANEOUS- All federal, state and local laws and regulations are applicable. By entering the Promotion, Entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of the Promotion, these Official Rules, participants’ rights and obligations, or the rights and obligations of the Sponsor in connection with the Promotion shall be governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than the State of Texas, irrespective of the fact that any one of the parties is now or may become a resident of a different state. By entering, entrants consent to the jurisdiction and venue of the federal, state and local courts located in Austin, Texas and hereby waive any objection to such jurisdiction and venue. Any claim or cause of action arising out of or related to this Promotion or these Official Rules must be filed within one (1) year after such claim or cause of action arose regardless of any law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be forever barred. If any provision of these Official Rules shall be held invalid, illegal or unenforceable, such provision shall be enforced to the maximum extent permitted by law and the Sponsor's fundamental intentions hereunder, and the remaining provisions shall not be affected or impaired, provided, however, that in such cases the parties oblige themselves to use their best efforts to achieve the purpose of the invalid provision by a new legally valid stipulation.
SPONSOR- Aceable, Inc., 610 West Fifth Street, Suite 603, Austin, TX 78701.