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OFFICIAL SWEEPSTAKES RULES
NO PURCHASE IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. ALL FEDERAL, STATE AND LOCAL REGULATIONS APPLY. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. By entering this Sweepstakes, entrants accept and agree to be bound by these Official Rules. Any violation of these rules may result in disqualification. All decisions of the judges regarding this Sweepstakes are final and binding in all respects.
1. PROMOTION PERIOD.The DRF Breeding Eclipse Awards Sweepstakes (the “Sweepstakes”)begins 12:01 P.M. ET January 5, 2013 and ends 8:00 P.M. ET January 19, 2013 ("Sweepstakes Entry Period").
2. ELIGIBILITY.This Sweepstakes is only offered to legal residents of the 50 United States, the District of Columbia and Canada (excluding Quebec) who are 18 years or older as of January 5, 2013. Employees, officers, and directors (and their immediate families [parents, children, spouses and siblings] regardless of where they live and members of their same households [whether related or not]) of Daily Racing Form LLC, West Point Thoroughbreds, or their parent, subsidiaries, affiliates and agencies; and their immediate families [parents, children, spouses and siblings] regardless of where they live and members of their same households [whether related or not]; and entities engaged in the development, distribution, implementation or administration of the Sweepstakes are not eligible to enter.
VOID WHERE PROHIBITED BY LAW. These are the Official Rules. This Sweepstakes is subject to all applicable Federal and State laws and are subject to change without notice in order to comply with them.
3. HOW TO ENTER. Visit www.drf.com/store/breeding-sweeps to fully complete and submit the online entry form including name and valid email address to receive one (1) entry into the Sweepstakes during each day of the Sweepstakes Entry Period. Submission of entry will also include consent to receive, at minimum, one edition of the DRF Breeding email newsletter from DRF.com and one email from westpointtb.com delivered to the submitted email address. Limit one (1) entry per person or valid email address per day. Additional entries received from any one person or email address each day during the Sweepstakes Entry Period will be void. The name of the “authorized account holder” associated with any given email address will be deemed to be the entrant and must comply with these Official Rules. The authorized account holder is defined as the natural person who is assigned an email address by an Internet access provider, an online service provider, or another organization responsible for assigning email addresses or the domain associated with the submitted email address. Proof (to Sponsors' satisfaction) of being the authorized account holder may be required by Sponsors. Use of automated devices is not valid for entry. No mechanical reproductions permitted. Sponsors are not responsible for lost, late, misdirected, undelivered, damaged, incomplete, postage due or illegible entries. All entries become the exclusive property of Administrator and will not be acknowledged or returned.
4. WINNER SELECTION AND NOTIFICATION.Winner will be determined by a random drawing from all eligible entries received during the Sweepstakes Entry Period. The random drawing will take place on or about Monday, January 21, 2013 (the "Drawing Date"). Any potential winner will be contacted by email. If a potential winner cannot be contacted, does not respond within 48 hours from the time the Sponsor first tries to notify him/her, and/or the prize notification is returned as undeliverable, such potential winner forfeits all rights to win the Sweepstakes or receive the prize, and an alternate potential winner may be selected.
5. PRIZE DESCRIPTION.There will be one (1) grand prize awarded:
The Grand Prize Winner will receive an economic interest equivalent to a five percent (5%) of the 2013 purse earnings of a Thoroughbred racehorse (managed by West Point Thoroughbreds, Inc.), net of trainer and jockey fees, and other race-related expenses, for a period beginning January 1, 2013 and concluding December 31, 2013 (the "Term.") As such, the Grand Prize winner will receive any cash distributions resulting from the performance of the Grand Prize Thoroughbred (or such other Thoroughbred as determined in the sole discretion of West Point Thoroughbreds, Inc.) made from the limited liability company that owns such Thoroughbred over the Term subject to West Point Thoroughbreds terms and conditions.
The economic interest in the Thoroughbred, Term maintenance package and distributions (if any) are subject to all terms and conditions set forth by West Point Thoroughbreds. Selected Grand Prize Winner will be required to sign documentation provided by West Point Thoroughbreds. Selected winner will not take actual possession of the Thoroughbred. All elements of prize are subject to availability.
Winner is solely responsible for any and all taxes associated with prize including, but not limited to, acceptance of the prize, use of the prize and any associated earnings. The Grand Prize cannot be redeemed for cash or substituted for any other item by winner. Sponsors reserve the right to substitute any prize (or an element of prize) of equal or greater retail value if the designated prize (or an element of prize) is unavailable or cannot be awarded for any reason. Applicable federal, state and local taxes are responsibility of prize winner.
6. GENERAL PRIZE CONDITIONS. Potential winner will be required to sign and return an Affidavit of Eligibility and Release of Liability along with a Publicity Release (collectively, the “Prize Claim Documents”) within five (5) days of notification. If a winner fails or refuses to sign and return the Prize Claim Documents within five (5) days of prize notification, the winner may be disqualified and an alternate winner may be randomly selected from among the remaining eligible entries.
7. TAXES.All federal, state and/or local income and other taxes, if any, are the winner's sole responsibility.
8. ODDS OF WINNING.The odds of winning this Sweepstakes depend on the number of eligible entries received.
9. NO PRIZE TRANSFER OR SUBSTITUTION.No prize or any portion thereof is transferable or redeemable for cash. Any portion of the prize that is not used is forfeited. No substitutions for prize except by Sponsor, in which case a prize of equal or greater value will be substituted.
10. CONSENT AND RELEASE.By entering the Sweepstakes each entrant releases and discharges the Sponsors and any other party associated with the development or administration of this Promotion, their parent, subsidiary, and affiliated entities, and each of their respective officers, directors, members, shareholders, employees, independent contractors, agents, representatives, successors and assigns (collectively, "Sponsor Entities"), from any and all liability whatsoever in connection with this Sweepstakes, including without limitation legal claims, costs, injuries, losses or damages, demands or actions of any kind (including without limitation personal injuries, death, damage to, loss or destruction or property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, "Claims"). Except where prohibited: (i) acceptance of a prize constitutes the consent of any winner, without further compensation, to use the name and likeness of such winner for editorial, advertising and publicity purposes by the Sponsor and/or others authorized by the Sponsor; (ii) acceptance of a prize constitutes a release by any winner of the Sponsor Entities of any and all Claims in connection with the administration of this Promotion and the use, misuse, or possession of any prize; and (iii) any potential winner may be required to sign an affidavit of eligibility (including social security number) and a liability/publicity release. Affidavits and releases must be returned within five (5) days from the date that Sponsor first tries to notify the potential winner.
11. DISCLAIMERS.(i) Entries that are lost, late, misdirected, stolen, incorrect, garbled, or incompletely received, for any reason, including by reason of computer or electronic malfunction, will not be eligible. "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) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. (ii) Sponsor and Administrator, in their sole discretion, reserve the right to disqualify any person tampering with the entry process. (iii) Sponsor and Administrator further reserve the right to cancel, terminate or modify the Sweepstakes if it is not capable of completion as planned, including postal or technical failures of any sort. (iv) Sponsor Entities are not responsible for errors in the administration or fulfillment of this Sweepstakes, including without limitation mechanical, human, printing, distribution or production errors, and may modify or cancel this Promotion based upon such error at its sole discretion without liability. (v) SPONSOR ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, AS REGARDS THIS SWEEPSTAKES OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. (vi) CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
12. APPLICABLE LAWS AND JURISDICTION. This Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of the State of New York. All disputes arising out of or connected with this Promotion will be resolved individually, and without resort to class action, exclusively by a state or federal court located in New York, New York. Should there be a conflict between the laws of the State of New York and any other laws, the conflict will be resolved in favor of the laws of the State of New York. All judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys' fees) associated with participation in this Sweepstakes and shall not include any indirect, punitive, incidental and/or consequential damages.
13. WINNER LIST. For the name of the winner, send a self-addressed stamped envelope, within six (6) months of the Drawing Date, to: Winner List – DRF Breeding Eclipse Awards Sweepstakes, 708 Third Avenue, 12th floor, New York, NY 10017.
14. SPONSORSHIP. This Promotion is sponsored by West Point Thoroughbreds and Daily Racing Form, (individually and collectively, the "Sponsor").
15. ADMINISTRATION. This Promotion is administered by Daily Racing Form, LLC, 708 Third Avenue, 12th floor, New York, NY 10017 (individually and collectively, the "Administrator").