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- No purchase necessary to enter or claim a Prize. A purchase does not increase your chances of winning. No skill is necessary to enter or win.
- Sponsor: The sponsor of this Sweepstakes is: Threeleaf Creative, 201 West 8th Street, Suite 412, Amarillo, Texas 79101. (”Sponsor”).
- Eligibility: Texas Poison Control Center $500 VISA Giftcard Giveaway (the “Sweepstakes”) is offered to anyone with the ability to text, who is between the ages of 13 and 30 years of age as of November 1, 2009. Employees and agents of Sponsor and/or its affiliates, agencies and distributors (”Associated Persons”), members of such Associated Persons’ families, and individuals living in the same household with such Associated Persons are not eligible to win. Void where prohibited or restricted by law. The Sweepstakes is subject to all applicable federal, state and local laws and regulations.
- How to Enter: The Sweepstakes begins at 12:00 AM Central Daylight Time (”CDT”) on October 30, 2009 and ends at 12:00 AM CDT on August 31, 2010 (the "Promotion Period"). To enter, you must send a text "poisonisbad" to DOTCOM (368266) and respond to the corresponding prompts, giving a valid phone number, zip code and age. You may also register online by clicking the 'online entry form' button. Limit one (1) entry per person / per day. Entries will carry over to the next drawing period. Sponsor’s decisions will be final in all matters relating to the Sweepstakes and winner eligibility. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected entries, which will be disqualified.
- Prize Drawing and Entry Periods: Prize winners will be selected in a random drawing on September 1, 2010, after the Promotion Period. Valid entries received during a prize drawing period will not be included subsequent entry period(s). Sponsor is not responsible for entries undelivered to the appropriate inbox. If any potential winner cannot be contacted, or if prize is returned undeliverable, potential winner forfeits prize.
- Odds: There will be a total of one (1) Prize winners. Odds of winning any random drawing will depend on the number of entries received during the applicable entry period(s).
- Prizes and Approximate Retail Values: There will be one (1) Prize in total. For the entry period, (described above in section 4) one (1) Prize will be awarded. the prize is $500 Visa Gift card with an approximate value of $500
- Winners are responsible for all insurance, federal, state, and local taxes on the prize or the prize winner’s income and any other unspecified expenses associated with acceptance or use of prizes. The prize winners will be issued an IRS Form 1099 for the ARV of the prize awarded. Sponsor has the right but no obligation to substitute a different prize of equal or greater value.
- Use of Information: The information provided on the Sweepstakes entry or in connection with winning a prize may be used as information only to Texas Panhandle Poison Center and its Sponsor. Phone numbers of all participants will not be sold to third parties.
- Release: By receipt of any prize, winner agrees to release and hold harmless Sponsor, Texas Panhandle Poison Center, and any promotional partners, each of their parent, subsidiary, affiliate and related companies, and each of its and their respective officers, directors, employees, and agents (collectively the “Released Parties”) from and against any losses, damages, rights, claim or cause of action of any kind arising, in whole or in part, directly or indirectly, out of participation in the Sweepstakes or resulting directly or indirectly, from acceptance, possession, use, or misuse of any prize awarded in connection with the Sweepstakes, including without limitation personal injury, death, and/or property damage, as well as claims based on publicity rights, defamation, and/or invasion of privacy.
- Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to 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) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use of any prize or while traveling to or from any prize-related activity. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
- Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify, abbreviate or suspend the Sweepstakes or any portion thereof for any reason without further obligation or advance notice. If the Sweepstakes is not capable of running as planned by Sponsor, notice will be posted on http://www.poisonisbad.com. In the event that the Sweepstakes is abbreviated for any reason, the Sponsor reserves the right at its sole discretion, but is under no obligation, to award prizes from among all valid and eligible entries received up to the time of termination.
- By entering, entrants agree to comply with these rules. Any entrant who attempts to tamper with the Sweepstakes, in Sponsor’s sole discretion, shall be disqualified. In the event of a dispute as to who submitted an entry, the Entry will be deemed submitted by the authorized account holder of the phone number submitted at the time of entry. “Authorized account holder” means the natural person who is in control of the phone number.
- CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES TO THE EXTENT ALLOWED BY LAW) FROM ANY SUCH ENTRANTS TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
- If any portion of these rules is determined to be invalid or illegal, the remaining portions of these rules will remain in effect and be construed with their terms as if the invalid or illegal provision were not contained herein.
- Disputes: Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the appropriate Texas State Court located in Austin, Texas; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys' fees; and (iii) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, 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 (whether of the State of Texas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Texas.
- Notification: Winners will be contacted directly via a text message from and posted directly on http://www.poisonisbad.com/winners. It is the Entrant's sole responsibility to contact Sponsor to collect Prize.
- Winners List: To learn the identities of the winners, send a self-addressed, stamped envelope by September 14th, 2010 to: Texas Panhandle Poison Center, 1501 S. Coulter, Amarillo, TX 79106. Requests received after September 14, 2010 will not be honored. The names of the winners will be posted on http://www.poisonisbad.com/winner between September 2nd and October 2nd, 2010.
