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Official Rules:
1. No purchase necessary to enter or claim Prize. A purchase does not increase your chances of winning. No skill is necessary to enter or win.
2. Sponsor: The sponsor of this Sweepstakes is The Critical Thinking Co., located at 1069 Broadway Ave., Seaside, CA 93955 (“Sponsor”).
3. Eligibility: The Critical Thinking Co. Giveaway (the “Sweepstakes”) is offered to anyone with a Twitter (http://www.twitter.com/) account who is at least 18 years of age. 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.
4. How to Enter: The Sweepstakes begins at 5:00 a.m. Pacific Daylight Time (“PDT”) on July 21st, 2009 and ends at 5:00 p.m. PDT on July 31st, 2009 (the "Promotion Period"). To enter, you must issue a status update from your Twitter account including the term "#criticalthinking." Limit one (1) entry per person / per entry period (described below in Section 5). 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. Each potential winner may be required to show proof of being the authorized account holder of the account associated with the winning entry in order to be awarded a prize.
5. Prize Drawing and Entry Periods: Prize winners of the $100 Gift Card in free product will be selected in a daily random drawing during each 24-hour block during the Promotion Period. Valid entries received during a prize-drawing period will not be included in subsequent entry period(s). Grand prize winners of the 7-night stay and iPod Touch will be selected in a random drawing including all entries over the Promotion Period during the last 24-hour block of the Promotion Period. An official entry will only be counted if the Twitter service displays the entry from their public search stream (http://search.twitter.com/). Sponsor is not responsible for entries undelivered to the public search stream. If any potential winner cannot be contacted, or if prize is returned as undeliverable, potential winner forfeits prize.
6. Odds: There will be a total of twelve (12) prize winners. Odds of winning any random drawing will depend on the number of entries received during the applicable entry period(s).
7. Prizes and Approximate Retail Values: There will be twelve (12) prizes in total, ten (10) prizes and two (2) grand prizes. For each entry period, (described above in Section 4) one (1) prize will be awarded, except for the last day when two (2) additional prizes will be awarded.
Ten prizes will be Gift Cards from The Critical Thinking Co. with an approximate retail value ("ARV") of $100 USD. The second place grand prize will be an Apple iPod Touch (8 GB) with an approximate retail value ("ARV") of $229 USD. The grand prize will be a 7-Night Stay at Caye Casa island resort with an approximate retail value (“ARV”) of $648.55 (9% tax is included) and $460 in excursion expenses for a trip for two people to Xunantunich, a Mayan ruin, or the Belize Zoo. Cave tubing is included with either excursion. All prizes for all entry periods have a total combined ARV of $2,337.55 USD.
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 grand-prize winners will be issued IRS Forms 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.
8. Use of Information: The information provided on the Sweepstakes entry form or in connection with winning a prize may be used in accordance with Sponsor’s privacy policy which can be viewed at http://www.criticalthinking.com/company/site_policies.jsp
9. Release: By receipt of any prize, winner agrees to release and hold harmless Sponsor, The Critical Thinking Co., 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.
10. 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.criticalthinking.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 Twitter account submitted at the time of entry. “Authorized account holder” means the natural person who is in control of the e-mail address associated with the entering Twitter account.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEB SITE OR 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.
11. 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 California State Court; (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 California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
12. Notification: Winners will be contacted directly via a direct message from Sponsor's Twitter account (@criticalthinks) and posted directly on http://www.criticalthinking.com. It is the Entrant's sole responsibility to contact Sponsor to collect Prize.
13. Winners List: To learn the identities of the winners, send a self-addressed, stamped envelope by August 14, 2009 to: The Critical Thinking Co., 1069 Broadway Ave., Seaside, CA 93955. Requests received after September 14, 2009 will not be honored. The names of the winners will be posted on http://www.criticalthinking.com between July 21st and July 31st, 2009.
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