Offer of Reward
GENERAL DISCLAIMER
The Texans for Truth Web site and Reward Offer are offered to the user conditioned on acceptance by the user (“User” or “you”) without modification of the terms, conditions, and notices contained herein. By accessing and using this Web site, the User agrees to be bound to all such terms, conditions, and notices (the “Agreement”).
The following terms and conditions govern your use of this Web Site and the information contained on or available through the Web Site. By accessing, using or downloading the Web site or the information you agree to be bound by these terms and conditions, which may change without further notice to you. This Web site is operated by Texans for Truth, a 527 located in the State of Texas.
TERMS AND CONDITIONS OF THE REWARD
What is the reward for?
Texans for Truth is offering a reward of $50,000 for original information proving whether George W. Bush performed duties in the Air National Guard between May 1972 and May 1973 at Dannelly Air National Guard Base in Alabama on the terms and conditions set forth below. This offer of reward expires on September 30, 2004. Texans for Truth reserves the right, however, to terminate this Reward Offer at an earlier date at its sole discretion.
What type of information is eligible?
Texans for Truth is looking for new, original information concerning George W. Bush’s performance of military duty, or lack thereof, between May 1972 and May 1973.
To be eligible, the information must not have been previously disclosed to the media (including television, radio, cable, Internet, and print publications) and must be comprised of the following (“Eligible Information”):
1. Firsthand, eyewitness testimony – this type of information includes sworn firsthand accounts that George W. Bush performed Air National Guard duty, or lack thereof, between May 1972 and July 1973. It also includes firsthand knowledge of statements made by Mr. Bush concerning his Air National Guard activities during that time; and
2.Do entary evidence – copies of genuine and authentic do ents describing George W. Bush’s performance of Air National Guard duty, including the required drills or lack thereof, between May 1972 and July 1973.
Eligible Information must be comprised of legal and competent evidence that would be admissible in a court of law. For the information to be eligible, its release cannot violate any applicable law including, but not limited to, the Freedom of Information Act and the Privacy Act of 1973.
Eligible Information does not include information based on speculation, rumor, hearsay or innuendo, or information that has already been made public.
Submission of information in support of a request for a reward under this offer cons utes your warranty and representation that the information falls within the definition of Eligible Information and is truthful, accurate, and submitted in good faith to the best of your knowledge, information, and belief. When you submit information to Texans for Truth it also means that disclosure of the information by you to us does not violate either any applicable law or any duty you may have to third parties.
Who is eligible to receive the reward?
Adults over the age of eighteen years with firsthand knowledge or lawful possession of Eligible Information are eligible to receive the reward following an eligibility review to be performed by the Texans for Truth.
The following individuals are ineligible to receive the reward: (1) officers or employees of any political party or political campaign; (2) full- and part-time employees of the media including, but not limited to, the print media, television, cable, radio, and the Internet; and (3) anyone who has donated goods, money or services to Texans for Truth.
By submitting information in response to our reward offer, you are consenting to a background check by us in order to assess the veracity, genuineness, and authenticity of the information and to determine your eligibility to receive the reward.
By submitting information in response to our reward offer, you are consenting, if you receive a reward, to attend and participate in one or more news conferences.
How do I submit information to be eligible for the reward?
Information should be provided by completing the form found at
www.texansfortruth.com/vetinfo/ and submitting the requested information, as directed in the form A complete form includes providing no less than five Montgomery, Alabama National Guard veterans that served on the Dannely Base from 1972- 1973, with current contact information, who can corroborate your story.
Completion of the Web site form and submission of information by you to us mean the following:
All submissions become the property of Texans for Truth, which will be en led to disclose the information to any and all third parties. By completing the form and making a submission to Texans for Truth you are indicating your consent to the disclosure of any information contained in the submission, including the disclosure of your iden y to third parties such as the media.
Any and all communications you send to this Web site, its reward offer or to Texans for Truth are made on a non-confidential basis, and Texans for Truth is under no obligation to refrain from reproducing, publishing or otherwise using them in any way for any purpose. Texans for Truth shall be free to use the content of such electronic mail communications for any purpose.
How will the reward decision be made?
The final determination as to which person or persons shall be eligible to receive part or all of this reward shall be left to Texans for Truth. The total amount available to pay successful submitters under this Reward Offer shall be $50,000. If only one person submits Eligible Information that satisfies Texans for Truth’s standards, that person shall receive the entire $50,000. If there is more than one such submitter, the reward shall be divided in equal shares. In no event, however, shall Texans for Truth have any obligation to pay more than $50,000 total pursuant to this Reward Offer.
Texans for Truth shall complete a review of your eligibility to submit information. This review will be completed at our sole discretion and may include a background check. We will also take steps to verify the information you have submitted. The nature and extent of the information verification process will be in the sole discretion of Texans for Truth.
Payment shall be made within sixty (60) days of the completion of the eligibility review and information verification process that will be performed in accordance with the sole discretion of Texans for Truth.
GOVERNING LAW; FORUM SELECTION
This Reward Offer and Agreement are governed by the laws of the State of Texas. Any and all disputes concerning this Reward Offer shall be brought in a court of competent jurisdiction in the State of Texas.
INTEGRATION CLAUSE
This Reward Offer and Agreement cons utes the entire agreement between the parties and supersedes any prior or contemporaneous understanding or agreement, oral or written, with respect to matters herein.
CONSTRUCTION
This Reward Offer and Agreement shall be construed without regard to which party was responsible for the drafting of its terms.
LIABILITY DISCLAIMER
The information, software, and other materials published on this Web site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Texans for Truth and its employees, representatives, agents, and contractors make no representation about the suitability of the information, software and other materials provided for any purpose. All such information, software, and other materials are provided “as is” without warranty of any kind. Texans for Truth and/or its employees, agents, representatives and contractors hereby disclaim all warranties and conditions with regard to this information, software, and other materials, including all implied warranties and conditions of merchantability, fitness for a particular purpose, le and non-infringement. In no event shall Texans for Truth and/or its employees, agents, representatives and contractors be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected to the use of this Web site; the delay or inability to use this Web site; for any information, software or other materials obtained through this Web site; for participating in the Reward Offer; or otherwise arising out of the use of this Web site, whether based on contract, tort, strict liability or otherwise, even if Texans for Truth and/or any of its employees, representatives, agents, or contractors have been advised of the possibility of damages. Because some States/jurisdictions do not allow the exclusion of liability for consequential or incidental damages, the above limitation may not apply to you.
INDEMNIFICATION
As a condition of use of this Web site and/or participation in the Reward Offer, the User agrees to indemnify Texans for Truth and its officers, employees, agents, representatives, and contractors from and against any and all liabilities, expenses (including attorneys’ fees) and damages arising out of claims resulting from User’s use of this Web site and/or participation in the Reward Offer, including without limitation any claims alleging facts that if true would cons ute a breach by User of these terms and conditions.