
Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED OR RESTRICTED.
You may be charged data and messaging rates, which would apply to each text message sent or received (contact your carrier for pricing plans and details). Mobile device entry may not be available for all service providers or for all mobile devices. You can also play by entering online at www.nbcsports.com or www.kentuckyderby.com (the “Websites”).
Eligibility: The NBC Sports 2010 Kentucky Derby DreamTrip Game (“Sweepstakes”) is open only to persons who, at the time of entry, are legal residents of, and are physically present in, the fifty (50) United States or the District of Columbia (excluding Puerto Rico, Guam, the US Virgin Islands and other United States territories) and who are eighteen (18) years of age or older and of the age of majority in their state of residence as of the start of the Sweepstakes Period (as defined below). Employees of NBC Universal, Inc., Churchill Downs Incorporated, Creative Zing Promotion Group, and Wireless Services Corp. (d/b/a Single Point) (collectively, the “Sweepstakes Entities”), their advertising and promotion agencies involved with this Sweepstakes, and their subsidiaries, divisions, affiliates and related companies, their immediate family members (regardless of where they live) and/or those living in the same household (whether or not related) of such employees are not eligible to participate or win. Entries must be received by the time stated below to be eligible. By entering the Sweepstakes, entrants are bound by and agree to these Official Rules. All federal, state and local laws and regulations apply.
Sponsors: The Sponsors of the Sweepstakes are NBC Sports and NBC Universal, Inc. both located at 30 Rockefeller Plaza, 15th floor, NY, NY 10112 and Churchill Downs Incorporated located at 700 Central Avenue, Louisville, KY 40208 (collectively, “Sponsors”).
Sweepstakes Period: The Sweepstakes begins at 7:00 AM Eastern Time (“ET”) on Thursday, April 29, 2010 and ends at 11:59 PM ET on Saturday, May 1, 2010 (the “Sweepstakes Period”).
Sweepstakes Description: During the Sweepstakes Period, viewers watching either the Churchill Downs Simulcast Network broadcasts or the NBC Sports broadcast of the 2010 Kentucky Derby on May 1, 2010 will, at predetermined times during these broadcasts (collectively, the “Broadcasts”), be invited to participate in the Sweepstakes by answering the question “Who do you think will win the Kentucky Derby?” (the “Kentucky Derby Winner Question”). The Kentucky Derby Winner Question will also be posted on the Websites during the Sweepstakes Period and may be announced in brochures or other printed promotional materials related to the 2010 Kentucky Derby and/or the Sweepstakes including printed materials that may be distributed to attendees of the 2010 Kentucky Derby at Churchill Downs on May 1, 2010. Anyone who responds to the Kentucky Derby Winner Question and successfully entered as described below will be entered into the Grand Prize Drawing (as defined below). Accuracy of response has no bearing on the outcome of the Sweepstakes and winner will be selected in a random drawing from all eligible entries.
How To Enter by Mobile Device: If you have a text messaging capable mobile device from a participating carrier, you may enter the Sweepstakes by sending a text message to the short code announced in any invitation made by Sponsors during the Sweepstakes Period (e.g., during the Broadcasts or in other promotional materials) to answer the Kentucky Derby Winner Question. For example, you may be prompted to send a text message with the number corresponding to the saddlecloth number of the horse that you believe will win the 2010 Kentucky Derby. Date and messaging rates may apply to all text messages sent and received in connection with the Sweepstakes. Any such charges will be billed according to the plan you have with your carrier. Contact your carrier for more details. You may receive a “thank you” text message by no later than the following day confirming that the message has been received, however receipt of a “thank you” message does not guarantee that your entry has been received. You may stop receiving text messages at any time by responding “end”, “stop” or “quit” to the thank you text message or to any of the Sweepstakes related messages. For every answer to the Kentucky Derby Winner Question you submit via text messaging, you will receive one (1) entry into the Grand Prize Drawing. You may respond to any invitation from Sponsors to answer the Kentucky Derby Winner Question during the Sweepstakes Period, up until approximately 11:59 PM ET on May 1, 2010. Please use caution and do not drive while entering the Sweepstakes.
Free Method of Entry Online: To enter the Sweepstakes without using a text messaging capable mobile device visit either of the Websites, complete the online registration, and answer the Kentucky Derby Winner Question. For every answer to the Kentucky Derby Winner Question you submit online, you will receive one (1) entry into the Grand Prize Drawing. You may submit your registration and answer(s) at any time during the Sweepstakes Period up until approximately 11:59 PM ET on May 1, 2010.
Entry Limitations: LIMIT TEN (10) ENTRIES TOTAL DURING THE SWEEPSTAKES PERIOD: Regardless of the method of entry, you are limited to a total of ten (10) entries per email address/mobile device during the Sweepstakes Period. So, for example you can (a) enter up to ten (10) times on your mobile device, (b) enter ten (10) times online or (c) enter five (5) times on your mobile device and up to five (5) times online. Entries from the same person in excess of ten (10) will be disqualified.
Conditions for Participation and Validation of Entries: By entering, entrants acknowledge that they have read and understand these Official Rules and agree to be bound by their terms and conditions, as they may be amended from time to time, by all other applicable rules and regulations, and by the decisions of Sponsors and their representatives, which are final and binding in all respects.
Entries generated by a script, macro, robotic or other automated means are ineligible and will be disqualified. You may enter up to ten (10) times total; however, USE OF COMPUTER PROGRAMS TO ENTER AND/OR OTHER AUTOMATIC ENTRY METHODS, (SUCH AS HACKS OR BOTS), REGARDLESS OF METHOD OF ENTRY IS STRICTLY PROHIBITED. Sponsors reserve the right to disqualify, and block or discard any entries from any individual who enters by any kind of electronic, mechanical or other automated means or otherwise tampers with or hacks the entry process as determined by Sponsors in their sole discretion. Sponsors also reserve the right, in their sole discretion, to cancel, modify or suspend the Sweepstakes (or any portion thereof) in the event of a computer virus, bugs, tampering, unauthorized intervention, fraud, technical or system failure or disruption, force majeure or any other causes which, in their sole opinion, corrupt the administration, security, fairness, integrity, or proper operation of the Sweepstakes. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsors are not responsible for late, lost and/or incomplete entries, which will be disqualified.
GRAND PRIZE RANDOM DRAWING: On or about May 4, 2010, employees or representatives of Sponsors, whose decisions are final and binding, will conduct a random drawing (“Grand Prize Drawing”) to select one (1) potential Grand Prize Winner (as defined below) from all eligible entries received during the Sweepstakes Period. Odds of winning depend on number of eligible entries received.
GRAND PRIZE: Sponsors will award to the winner of the Grand Prize Drawing (the “Grand Prize Winner”) one (1) Grand Prize consisting of ten thousand dollars ($10,000) (“Cash Prize”) to be awarded as a check or in such other form as determined by Sponsors in their sole discretion, and a 2011 Kentucky Derby VIP Experience featuring a trip for Grand Prize Winner and one (1) guest (“Guest”) to the 2011 Kentucky Derby (the “Prize Event” and together with the Cash Prize, referred to herein as “Grand Prize”). The Prize Event includes the following elements, each as determined by Sponsors in their sole discretion: 1) round-trip coach class air transportation for Grand Prize Winner and Guest from major U.S. gateway airport nearest Grand Prize Winner's residence (as determined by Sponsors) to a major gateway airport near the Prize Event (as determined by Sponsors), and; 2) four (4) days/three (3) nights hotel accommodations (standard room, double occupancy), as determined by Sponsors in their sole discretion.
Approximate retail value (“ARV”) of Grand Prize is fifteen thousand dollars ($15,000). Actual value may vary depending on city of departure and dates of travel. Sponsors will furnish an Internal Revenue Service Form 1099 to Grand Prize Winner for the ERV of Grand Prize for the tax year in which Grand Prize was won. Trip must be taken within dates provided by the Sponsors. Travel arrangements must be made through Sponsors’ agent, on a carrier of Sponsors’ choice in their sole discretion. Once determined, no change, extension, or substitution of travel dates and/or times is permitted, except by Sponsors in their sole discretion. Certain travel restrictions and black out dates may apply. All taxes and fees assessed at the time of ticketing are the responsibility of Grand Prize Winner. Tickets are non-refundable. Reservations are subject to availability. Tickets are not valid for business-related or group travel. Tickets are valid only for travel on airline chosen by Sponsors in their sole discretion. A Saturday night stay-over may be required. Tickets will be issued only to Grand Prize Winner and Guest. Tickets are void if sold for cash or other consideration. Grand Prize Winner is responsible for any tax liability (including applicable departure taxes or fees, including baggage fees), inspection charges, and security charges. Once issued, tickets are non-transferable and may not be reissued once travel has commenced. Open tickets may not be issued and stopovers are not permitted. Grand Prize Winner and Guest must travel together on the same itinerary, including the same departure date, destination and return date, and must have valid travel documents (e.g., valid government issued photo ID and/or passport) prior to departure, and failure to do so will result in forfeiture of Prize Event portion of Grand Prize. Sponsors shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of Grand Prize due to reasons beyond Sponsors’ control, and are not responsible or liable for any expenses incurred as a consequence thereof. Travel may not be combined with any other offer and may not qualify for frequent flyer miles or hotel points. All travel will be at the risk of Grand Prize Winner and Guest. Sponsors will not replace any lost or stolen tickets, vouchers, or certificates. All elements of Grand Prize must be redeemed at the same time. If Grand Prize Winner chooses to travel without a Guest the remaining elements of Grand Prize shall be awarded and shall constitute full satisfaction of Sponsors’ Grand Prize obligation to Grand Prize Winner and no additional compensation will be awarded. Guest, if any, may be required to execute and return a release of liability and, except where prohibited, a publicity release (collectively, “Guest Documents”), which must be returned with the Sweepstakes Documents, or Guest portion of Grand Prize will be forfeited. Guest must be eighteen (18) years of age or older and of the age of majority in their state of residence as of the start of the Sweepstakes Period.
Grand Prize consists only of the elements set forth above. Grand Prize Winner is solely responsible for all expenses and costs associated with acceptance and/or use of the Grand Prize not specifically stated herein as being awarded, including, without limitation, any and all federal, state and local taxes, ground transportation, meals, insurance, gasoline, gratuities, and souvenirs. Grand Prize Winner may not substitute, assign or transfer Grand Prize (or portion thereof) or redeem Grand Prize (or portion thereof) for cash, but Sponsors reserve the right, at their sole discretion, to substitute Grand Prize (or portion thereof) of comparable or greater value. If Grand Prize Winner cannot accept Grand Prize as stated, Grand Prize will be forfeited and at Sponsors' sole discretion, an alternate potential Grand Prize Winner will be selected. All details of the Grand Prize to be determined by Sponsors, in their sole discretion, subject to availability and event exigencies. Winner must be available during the Prize Event and on the dates selected by Sponsors or Prize Event component of Grand Prize will be forfeited. If the Prize Event is cancelled, rescheduled or postponed prior to Grand Prize Winner’s trip, or in the event that any Grand Prize (or portion thereof) component is not available for any reason, then remaining elements of Grand Prize (or portion thereof) shall constitute full satisfaction of Sponsors’ prize obligation to Winner and no additional compensation will be awarded.
Due to the nature of television and sporting events, the dates and times of the Broadcasts, the 2010 Kentucky Derby, and/or the Prize Event are subject to change. If any of these events are canceled for any reason or if for any reason this Sweepstakes is not capable of being run or implemented as planned, including, but not limited to, as the result of infection by computer viruses or bugs, tampering, unauthorized intervention, fraud, or any other cause of any kind, which, in Sponsors’ sole judgment, is likely to or actually corrupts or affects the administration, security, fairness, integrity or proper conduct of the Sweepstakes, then Sponsors reserve the right to cancel, terminate, modify or suspend all or any part of the Sweepstakes and the Grand Prize may not be awarded; except that Sponsors, in their sole discretion, reserve the right to pick a potential Grand Prize Winner in a random drawing from among all eligible entries received by Sponsors up until the time of such cancellation, termination, modification or suspension, as applicable.
WINNER NOTIFICATION: Potential Grand Prize Winner will be notified by phone and/or email. Sponsors will make two (2) attempts to contact the potential Grand Prize Winner at the phone number or email address provided online or at the mobile device number used to enter within seventy-two (72) hours from the time of the potential Grand Prize Winner’s selection. If Sponsors are unable to reach a potential Grand Prize Winner via phone or email within this time frame, he/she may be disqualified and an alternate potential Grand Prize Winner may be selected in a random drawing from among all remaining eligible entries at Sponsors’ sole discretion. Potential Grand Prize Winner will be required to complete, sign, have notarized and return an Affidavit of Eligibility and Liability Release ("Affidavit and Release") and a Publicity Release (unless prohibited by law) within three (3) days of notification by Sponsors. If the Affidavit and Release and the Publicity Release are not returned within such time period, the Grand Prize may be forfeited and an alternate potential Grand Prize Winner may be selected at random from among all eligible non-winning entries received. If any Grand Prize notification communication or correspondence of any kind or the Grand Prize is returned as undeliverable, the Grand Prize will be forfeited and may be awarded to an alternate potential Grand Prize Winner selected in a random drawing from among all remaining eligible entries at Sponsors’ sole discretion. Acceptance of Grand Prize constitutes permission (except where prohibited by law) to use Grand Prize Winner’s name, hometown, and likeness for promotional purposes in any and all media (including online posting), now or hereafter known, throughout the world in perpetuity without additional compensation, notification, permission, approval or consent.
CONDITIONS OF ENTRY: Sponsors reserve the right to disqualify entrants who violate these Official Rules or interfere with this Sweepstakes in any manner. By entering the Sweepstakes, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators (a) to release and hold harmless Sponsors and Sweepstakes Entities and their respective parent companies, subsidiaries, affiliates, and agencies, including advertising and promotion agencies, and all of their respective employees, officers, directors, shareholders, and legal counsel (collectively, the “Released Entities”), from any and all liability, claims, actions, injury, loss, litigation or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in the or Sweepstakes and/or his/her acceptance, possession, use, or misuse of Grand Prize or any portion thereof (including any travel related thereto); (b) to indemnify Released Entities from any and all liability resulting or arising from the Sweepstakes and to hereby acknowledge that Released Entities have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to Grand Prize; and (c) if selected as the Grand Prize Winner, to the posting of such entrant’s name on the Websites and the use by Released Entities of such name, voice, opinions, biographical information, state of residence, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use. The Sponsors reserve the right to verify eligibility qualifications of any winner. The value of the Grand Prize represents the Sponsors’ good faith determination of the maximum retail value thereof. For Form 1099 reporting purposes, the Grand Prize Winner shall be bound by such good faith determination. Winning a prize is contingent upon fulfilling all requirements set forth in these Official Rules.
General Conditions: Sponsors have the right to modify these rules in their sole discretion for clarification purposes without materially affecting the terms and conditions of the Sweepstakes.
Entrants enter at their own risk. Sponsors are not responsible for and shall not be liable for: (i) late, lost, delayed, damaged, misdirected, stolen, incorrect, incomplete, ineligible or unintelligible entries; (ii) telephone, electronic, hardware, software program, network, Internet or computer failures or difficulties; (iii) errors in transmission; (iv) any condition caused by events that may cause the Sweepstakes to be disrupted or corrupted; or (v) any printing or typographical error in any materials associated with these Official Rules or the Sweepstakes generally, including, without limitation, errors which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the Grand Prize, or the incorrect or inaccurate capture of any entry or other such information or the failure to capture any such information. Released Entities and their respective officers, directors, employees, parents, subsidiaries and affiliates assume no responsibility for any injury or damage to entrants or to any other person’s computer relating to or resulting from entering or downloading materials or software in connection with this Sweepstakes.
PLEASE NOTE THAT A HIGH VOLUME OF ENTRIES, ONLINE OR BY SMS (TEXT MESSAGING), OR TECHNICAL DIFFICULTIES WITH THE SYSTEM, MAY RESULT IN TEMPORARY INABILITY TO ENTER THE SWEEPSTAKES OR A DELAY IN THE PROCESSING OF ENTRIES SUCH THAT YOUR ENTRY IS NOT RECEIVED IN TIME TO PARTICIPATE. SPONSORS ARE NOT RESPONSIBLE OR LIABLE SHOULD ANY ENTRY NOT BE RECEIVED DUE TO SUCH DELAYS.
Sponsors may prohibit any entrant or potential entrant from participating in the Sweepstakes, if at the sole discretion of Sponsors, such person shows a disregard for these Official Rules, or acts (1) with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsors, or their agents or representatives; or (2) in any other disruptive manner. In the event of a dispute as to the identity of an entrant, the authorized account holder of the mobile device or email address used to enter, if applicable, will be deemed to be the entrant. “Authorized account holder” of a mobile device is the natural person in whose name the mobile device has been issued and to whom services are billed. “Authorized account holder” of an email address is defined as the natural person who is assigned to an email address by an Internet Access provider, on-line service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
DISPUTES: The Sweepstakes is governed by, and will be construed in accordance with, the laws of the State of New York, and the forum and venue for any dispute shall be in New York, New York. If THE controversy or claim is not otherwise resolved through direct discussions or mediation, it shall THEN be resolved by FINAL AND binding arbitration administered by JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., in accordance with its Streamlined Arbitration Rules and Procedures or subsequent versions thereof (“JAMS Rules”). The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice law in new york. All proceedings brought pursuant to this paragraph will be conducted in the County of new york. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
Winner Announcement: For the name of the Grand Prize Winner (available by 6/01/10) send a self-addressed, stamped envelope to be received by 7/01/10 to: NBC Sports 2010 Kentucky Derby DreamTrip Game Sweepstakes, Attn: NBC Sports Digital Media, 30 Rockefeller Plaza, 15th floor, NY, NY 10112.
PRIVACY: The name and contact information of the Grand Prize Winner(s) will be shared by Promotional Entities in order to contact Grand Prize Winner for the purpose of fulfillment of the Grand Prizes. Information collected from entrants will be shared by NBC Universal and Churchill Downs Inc. in accordance with their respective privacy policies, which are posted at http://nbcsports.msnbc.com/id/23114206 and at http://www.churchilldownsincorporated.com/our_company/privacy_policy.html. In addition, entrants will have the opportunity to receive information from Sponsors by checking the appropriate box. If, at any time, you no longer wish to receive this information, please go to the respective privacy policy and follow the procedures indicated.
The first of three pools of the Kentucky Derby Future Wager begins its three-day run on Friday and the bet's opening scenario is very similar to each of its opening pools since the wager was created in 1999.
It's first time that Classic will be broadcast in primetime on Nov. 3.