Breeders’ Cup World-Class Racing Experience Sweepstakes
NO PURCHASE NECESSARY TO ENTER OR WIN.
THIS PROMOTION IS DEVISED AS A NON-GAMBLING PROMOTION AND IS INTENDED SOLELY FOR ENTERTAINMENT PURPOSES.
BY PARTICIPATING IN THIS PROMOTION, YOU AGREE TO THE FOLLOWING OFFICIAL RULES:
- PROMOTION DESCRIPTION. The Breeders’ Cup Second Chance Sweepstakes (the "Promotion") begins on October 16, 2017 at 12:01:01 a.m. Eastern Time ("ET") and ends on November 4, 2017 at 11:59:59 p.m. ET (the "Promotion Period"). During the Promotion Period, four (4) different experience promotions (each, an “Experience” and collectively, the “Experiences”) will be offered by “Sponsor” (as defined below) in relation to the Breeders’ Cup Fan Program (the “Program”). “Members” (as defined below) may only participate in one (1) Experience during the Promotion Period. Any Member who participates in more than one (1) Experience during the Promotion Period will be disqualified.
- SPONSOR AND ADMINISTRATOR. The sponsor of this Promotion is Breeders’ Cup Limited, 2525 Harrodsburg Road, Lexington, KY 40504 ("Sponsor"). The administrator of this Promotion is SocialToaster, Inc., 1101 E. 33rdSt, Suite B304, Baltimore, MD 21218 ("Administrator"). Administrator's computer is the official time-keeping device for this Promotion.
- ELIGIBILITY. This Promotion is open only to legal United States residents residing in the fifty (50) United States and the District of Columbia and residents of Canada (excluding Quebec) who are eighteen (18) years of age or older and who have joined the Program (each a “Member” and collectively, "Members"). Registration in the Program is free. For details on how to become a Member, see Rule #4 below. Employees, shareholders, officers, directors, agents, and representatives of Sponsor, Administrator, Harrah’s Resort Southern California and each of their respective parents, subsidiaries, affiliates, distributors, sales representatives, advertising and promotion agencies (collectively, the "Promotion Entities"), and the immediate family members and/or persons living in the household of each Promotion Entity, are not eligible to enter this Promotion or win a prize. Promotion is void in Quebec and where prohibited by law.
- HOW IT WORKS. Visit www.BreedersCupVIP.com (the “Website”) and, if you have not already done so, follow the instructions to register for the Program by providing your full name, a valid email address, zip code and date of birth and you may authorize Facebook, Twitter, YouTube, and/or Instagram (each, an “Approved Platform” and collectively, the "Approved Platforms") as directed to provide your personal information to register for the Promotion if you wish. You may join the Program without authorizing any Approved Platforms and you may authorize or deauthorize any or all Approved Platforms at any time. Members who have already joined the Program will automatically earn one (1) entry for being a Member. Members who join the Program during the Promotion Period will automatically earn one (1) entry for doing so. During the Promotion Period, Members will receive one (1) or more emails from Sponsor inviting them to share and/or consume Sponsor or its partners’ content (“Official Content”) in order to earn additional points provided they disclose their participation in the Promotion. For every additional 100 points earned, the Member will receive one (1) entry into the Promotion. On the Website, which may be updated from time to time, Members will find a list of tasks and corresponding point values for each task along with instructions on specific tasks that eligible Members may complete via the Social Toaster® application or via the Approved Platforms in order to earn additional points.
Members must comply with the Terms and Conditions of the Program (the "Program Terms"), which are incorporated herein by reference, including applicable exclusions and limitations with respect to earning points for certain content and sharing activities. In the event of conflict between the Program Terms and these Official Rules, the Program Terms shall govern, except with respect to “AMOE Entries” (as described below). Note that only actions taken via the SocialToaster application, on content shared on social networks via SocialToaster, or on emails sent from the SocialToaster application will accrue points in connection with this Promotion. Points cannot be sold, bartered, traded, combined, reassigned or transferred, and have no cash or credit value.
By participating in this Promotion, each Member acknowledges and agrees that he or she must clearly and conspicuously disclose that he or she is participating in this Promotion in any online sharing interaction that references the Promotion or is used to earn points in connection with this Promotion. At a minimum, the hashtag specified in each challenge or "#sponsored" or "#promotion" should be included in all social media communications sent pursuant to the Promotion. Sponsor reserves the right in its sole discretion to disqualify any Member and void all of his/her associated entries who does not adequately disclose his or her participation in this Promotion while engaging in any online social sharing interaction during the Promotion Period. All entries and Official Content and original content that is shared is the property of the Sponsor and each entrant agrees to grant and assign the copyright in all such shared content to the Sponsor worldwide in perpetuity, unless prohibited by law.
Notwithstanding anything to the contrary in these Official Rules and the Program Terms, you may receive (1) entry into the random drawing without joining the Program or sharing Official Content (each, an “AMOE Entry” and collectively, the “AMOE Entries”) by hand printing in ink on a 3" x 5" postcard your full name, complete home address and zip code, home telephone number and area code, date of birth, and e-mail address and mailing this completed card in a first-class stamped envelope to: Breeders’ Cup Second Chance Sweepstakes, c/o SocialToaster, Inc. 1101 E. 33rd Street, Ste B304, Baltimore MD 21218. No metered mail will be accepted. All mail-in entries must be postmarked by October 31, 2017 and received by November 3, 2017. No copies, facsimiles or mechanical reproductions will be accepted. Sponsor assumes no responsibility for lost, late, incomplete, stolen, misdirected, illegible or postage due entries or mail. Limit one (1) entry per outer mailing envelope.
- WINNER SELECTION; PRIZE NOTIFICATION; AFFIDAVITS/DECLARATIONS; TAXES. At the end of the Promotion Period, one (1) potential prize winner will be randomly selected from all eligible entries received from all four (4) Experiences during the Promotion Period. The potential prize winner will be notified by telephone and/or e-mail, using contact information provided or collected at the time of entry. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. The potential winner must sign and return, a Declaration of Eligibility and Publicity/Liability Release ("Declaration") within five (5) days of prize notification (or a shorter time if required by exigencies). For U.S. winner only, the Declaration must be notarized and such potential winner must also complete a W-9 form (Request for Taxpayer Identification Number and Certification). For Canadian winner only, as a condition of receiving any prize, Canadian residents must first correctly answer without assistance of any kind, whether mechanical or otherwise, a four (4) step mathematical skill testing question that will be administered by email. If: (a) any prize notification is returned as undeliverable, (b) potential winner does not respond to notification by email or phone within three (3) days of the date of initial notification, (c) potential winner does not comply with these Official Rules or the Program Terms, (d) potential winner's Declaration is returned as undeliverable or is not received when required, or (e) if a potential winner is disqualified for any reason, such potential winner will forfeit his or her prize and an alternate winner may be selected. Sponsor, in its sole discretion, will attempt to contact up to three (3) potential winners of a prize in accordance with the above procedure, after which the prize in question may go unawarded if it remains unclaimed. Sponsor's decisions are final and binding in all matters relating to this Promotion. The odds of winning depend on the number of eligible entries received during the Promotion Period.
- PRIZE/APPROXIMATE RETAIL VALUE: One (1) Prize is available to all four (4) Experiences collectively. The Prize consists of a trip for the Prize winner and one (1) guest to the 2018 Breeders’ Cup taking place on November 2 & 3, 2018 at Churchill Downs in Lousiville, Kentucky. Prize includes: a) round-trip economy class airfare for the winner and one (1) guest from a major airport near winner’s residence to the Lousiville, Kentucky area; b) three (3) nights hotel accommodations (one room, double occupancy); d) two (2) Tickets to the Breeders’ Cup for Friday, November 2 and Saturday, November 3, 2018, including transportation to/from Churchill Downs racetrack and hotel; The approximate retail value of the Prize is $2,000 USD/$2,506 CAD (based on an exchange rate of 1USD/1.35 CAD) depending on Winner’s point of departure, destination, fare fluctuations and date and time of travel.
The winner’s guest must be eighteen (18) years of age or older, or if the guest is a minor, the winner must be such companion's parent or legal guardian. The guest must also sign and return a Liability/Publicity Release prior to ticketing of travel (if guest is a minor, the guest’s parent/legal guardian must also sign the release on his/her behalf. Winner and his or her guest must travel together on the same itinerary and possess all required official government required travel documents, including a valid photo ID or valid passport (as applicable). Air transportation tickets are non-refundable/non-transferable and may not be valid for upgrades and/or frequent flyer miles. Winner and winner’s guest are responsible for all costs and expenses associated with prize acceptance and use not specified herein as being provided, including, but not limited to, additional meals, health and travel insurance, gratuities, applicable taxes, incidentals, and all other expenses not specifically mentioned above including, without limitation, room service, airport departure taxes, baggage costs, personal items, in-room movies, and taxis. Any unused portion of the Prize is forfeited. All air transportation tickets are subject to the vagaries of flight variation, work stoppages and schedule or route changes. ARV for Prize may vary depending upon points of departure and destination and fare fluctuations. If the closest airport to winner’s home is in close enough proximity to prize destination city so that, as Sponsor may determine in its sole discretion, a flight is unnecessary, such prize winner will receive alternate transportation from the Sponsor with no further obligation to the winner. Prize winner will not receive cash or any other form of compensation if actual value of the Prize is less than the prize ARV in these Official Rules. Sponsor reserves the right to structure the travel route and select hotels in its sole discretion. In the event winner and/or his/her guest engages in behavior that (as determined by Sponsor in its sole and absolute discretion) is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the trip or other applicable experience early, in whole or in part, and send winner and/or his or her guest home with no further compensation (and Winner and their guest may be liable to the Sponsor or any third parties for any loss, injury or damage they may have caused). Winner and guests must comply with all venue rules and regulations.
Prize travel is currently scheduled to take place from Thursday, November 1, 2018 to Sunday, November 4, 2018. Dates of departure and return are subject to change at Sponsor’s sole discretion. If winner is unable to participate in the Prize during the dates designated by Sponsor, the Prize will be forfeited in its entirety. In the event the winner is able to participate in the Prize during the dates designated by Sponsor but any element listed in the prize description does not or cannot take place as scheduled or at all, for reasons including but not limited to scheduling conflicts, cancellations, postponement, an event of force majeure, or for any other reason, then the Sponsor reserves the right to award the remainder of the prize with no further obligation to the winner.
All taxes or expenses, including federal, state, and provincial income tax, sales tax, luxury tax or other taxes, and any other costs incurred in claiming or enjoying the Prize, and not expressly included in the Prize description, are the sole responsibility of the winner. No transfers, refunds, substitutions or replacements of Prize are permitted except at Sponsor's sole discretion, and then only for a prize of equal or greater value. Any portion of a Prize not accepted or unclaimed and/or unused by the winner will be forfeited and will not be substituted.
THIS TRIP PRIZE IS NOT A VIP EXPERIENCE TO THE 2017 BREEDERS’ CUP PRIZE AND TAKES PLACE IN 2018.
- PUBLICITY RELEASE. Except where prohibited or restricted by law, winner's acceptance of Prize constitutes the winner's consent for Sponsor and its designees to use and/or publish winner's full name, city and state of residence, hometown, photograph or other likeness, entry, pictures, portraits, voice, testimonials, opinions, biographical information (in whole or in part), and/or statements made by winner, worldwide and in perpetuity for promotional purposes, in any media, without further compensation, notice, review, or approval.
- AUTHORIZED ACCOUNT HOLDER. In the event of a dispute over the identity of a Member, the Member will be deemed to be the authorized account holder of the e-mail address identified at enrollment into the Program, which authorized account holder must also be the subscriber of the applicable Facebook, Twitter, Instagram, YouTube or other social sharing account used by the Member in order to earn points in the Program. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet Access Provider, online service provider, or other organization (e.g., business, educational institute, social sharing site) that is responsible for assigning e-mail addresses for the domain associated with the applicable e-mail address.
THE DECISIONS OF THE SPONSOR AND ADMINISTRATOR ARE FINAL AND BINDING IN ALL MATTERS. In the event of a conflict between these Official Rules and any instructions or interpretation of these Official Rules given by an employee of the Sponsor regarding the Promotion, these Official Rules shall prevail. In the event of any discrepancy or inconsistency between the terms and conditions of these Official Rules and disclosures or other statements contained in any Promotion-related materials, including but not limited to the Promotion entry form, or point of sale, print or online advertising, the terms and conditions of these Official Rules shall prevail, govern and control.
- WARNING. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be (a) tampering with the entry process or the operation of this Promotion, or with the Website or any other websites or social sharing sites promoting this Promotion; or (b) acting in violation of these Official Rules or the Program Terms. Sponsor reserves the right to void all actions taken, or Points earned and made through any robotic, automatic, mechanical, programmed or similar activity duplication method and to disqualify any individual using such a method of sharing or posting on social networks. Any attempt by a Member or any other person to deliberately damage the Website or undermine the legitimate operation of this Promotion may be a violation of criminal and civil laws; and should such an attempt be made, Sponsor reserves the right to seek remedies and damages (including attorneys' and experts' fees) from any such Member or other person to the fullest extent permitted by law, including seeking criminal prosecution.
- RELEASE OF LIABILITY; DISCLAIMER OF WARRANTY; FORUM SELECTION CLAUSE. This Promotion is subject to all applicable federal, state, provincial and local laws in the US and Canada. By participating in this Promotion, Members and winners agree to indemnify, release and hold harmless the Promotion Entities from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever, including without limitation, tax liabilities, property damage, personal injury (including emotional distress), and/or death caused, directly or indirectly, from the awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in this Promotion or any promotion or prize-related activities, and for any claims or causes of action based on publicity rights, defamation or invasion of privacy. The Promotion Entities assume no responsibility for any injury or damage to Members or to any other person's computer, regardless of how caused, relating to or resulting from entering or downloading materials or software in connection with this Promotion. Members and winners acknowledge that the Promotion Entities have neither made nor are in any manner responsible or liable for any warranty, representations or guarantees, express or implied, in fact or in law, relative to any prize, including, but not limited to, express warranties provided by the manufacturer of the goods or their affiliates. THIS PROMOTION IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE COMMONWEALTH OF KENTUCKY WITHOUT RESPECT TO ITS CONFLICT OF LAW DOCTRINES.
- GAMBLING PROHIBITION: This Promotion is strictly for entertainment purposes and may not be used in connection with any form of gambling.
- PRIZE WINNER LIST: Any legally required winner’s list may be obtained by sending a self-addressed, stamped envelope to: Breeders’ Second Chance Sweepstakes Winner, 3030 LBJ Freeway, Suite 356, Dallas, TX 75234. All such requests must be received within six (6) weeks after the Promotion ends. Residents of Canada may omit return postage.
This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Inc., Twitter, Inc., Instagram, Inc., or YouTube, LLC. Sponsor shall not be liable for technical, pictorial, typographical or editorial errors or omissions contained herein.