Terms Used In Texas Insurance Code 1810.001

  • Contract: A legal written agreement that becomes binding when signed.
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005

In this chapter, “promotional event prize program” means a written contract entered into in this state for commercial marketing or promotional purposes:
(1) under which a monetary risk is transferred from one or more parties to the contract to another party to the contract;
(2) that does not require as a condition precedent to the imposition of contractual liability on the part of the person accepting the risk:
(A) actual economic loss by the person who transfers the risk; or
(B) submission of proof of economic loss by the person transferring the risk; and
(3) that specifically states that the contract is not for insurance and performance under the contract is not covered by any state guaranty association.