Official Rules
2024 Breeders’ Cup/Prevagen Memorable Moment Sweepstakes
OFFICIAL RULES
1. NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED BY LAW.
2. HOW TO ENTER: Beginning on Friday, October 25, 2024, at 9:00 a.m. EST through Wednesday, October 30, 2024, at 5:00 p.m. EST, log on to BreedersCup.com/Sweepstakes for the 2024 Breeders’ Cup/Prevagen Memorable Momen Sweepstakes and follow the on-screen entry instructions. Fill in all required information. You (“Entrant”) may enter only once. Use of any robotic, automatic, programmed, or similar entry method or entering more than the number of times permitted will void all entries and result in disqualification. You may not enter more than once by using multiple email addresses, identities, or devices in an attempt to circumvent the rules.
3. ELIGIBILITY: Open to residents of the 50 United States and D.C., 21 years of age and older as of October 25, 2024. Directors, officers, employees, agents, and independent contractors of Sponsor (as defined herein), Administrator (as defined herein), Del Mar, or any of their respective subsidiaries, parents, affiliates, advertising and promotion agencies, retailers, distributors (collectively, “Promotion Parties”), and their immediate family members, and/or those living in the same household of each are not eligible to enter or win. All entries prohibited by applicable law shall be deemed to be void. Administrator and Sponsor reserve the right to verify all eligibility requirements and to disqualify or deny any entry for any reason, in their sole and absolute discretion. Contest is subject to all applicable federal, province/state, and local laws and regulations.
4. DRAWING: A random drawing will be conducted on Wednesday, October 30, 2024 at 5:30 PM EST by Breeders’ Cup Limited (“Administrator”) to select the four (4) winners from among all eligible entries received. LATE ENTRIES WILL NOT BE ACCEPTED. Odds of winning depend on the number of entries received. Potential winners will be notified by email. Failure to respond within twenty-four (24) hours will result in forfeiture of prize and Adminstrator shall have the option to award the prize to an alternate winner in its sole discretion. The return of any prize notification or prize as undeliverable may result in disqualification and an alternate winner may be selected. All income taxes resulting from acceptance of a prize are the responsibility of winner. By entering this sweepstakes, entrant accepts and agrees to these Official Rules and the decisions of the Administrator, which shall be final in all matters. Acceptance of a prize also constitutes permission to the Promotion Parties to use winner’s name, image, and likeness for marketing purposes without further compensation or right of approval, unless prohibited by law. All federal and state laws apply. Winner may be required to complete and return to Administrator documents of Administrator’s choosing, including, without limitation, tax documents, a notarized Affidavit of Eligibility and Liability, and where permissible, a Publicity Release, within forty-eight (48) hours of the date such notification is given.
5. PRIZES: Prizes consist of only those items specifically listed below.
(a) Second Prize: One (1) “Second Prize Package”, including the following: Enhanced experience of race day hospitality for four (4) in Del Mar’s Stretch Run Grill on Friday, November 1, 2024, and Saturday November 2, 2024. Amenities include stretch run views from your reserved open-air table located on the 1st level of the Grandstand. Inclusive of a gourmet luncheon and premium open bar offerings and complimentary welcome drink upon arrival. Track admission and onsite parking included. Race day attire. ODDS OF WINNING DEPEND ON THE NUMBER OF ENTRIES RECEIVED. The total approximate retail value (“ARV”) of the First Prize is US$6,400.
(b) First Prize: One (1) “First Prize Package”, including the following: Enhanced experience of race day hospitality for six (6) in Del Mar’s Stretch Run East Box on Friday, November 1, 2024, and Saturday November 2, 2024. Amenities include stretch run views from your reserved box on the 4th level of the Grandstand. Track admission and onsite parking included. Race day attire. ODDS OF WINNING DEPEND ON THE NUMBER OF ENTRIES RECEIVED. The total approximate retail value (“ARV”) of the First Prize is US$9,540.
(c) Grand Prize: Two (2) “Grand Prize Package”, including the following: Enhanced experience of race day hospitality for four (4) in Del Mar’s Trophy Lounge on Friday, November 1, 2024, and Saturday, November 2, 2024. Amenities include a private purple carpet entrance, open premium bar, all day catering by Michelin-Starred Chef Curtis Stone, private restrooms, climate-controlled interior space, exterior patio space, extra TVs, dedicated live tellers, expert handicapping corner, live entertainment and souvenir guest photography. Track admission and onsite parking included. Race day attire. Opportunity to join in the Paddock Tour and Winner’s Circle activities for the Prevagen Breeders’ Cup Turf Sprint. ODDS OF WINNING DEPEND ON THE NUMBER OF ENTRIES RECEIVED. The total ARV of the Grand Prize is $17,600.
Limit one prize per family or household. No substitution or transfer of prize permitted by winner. Sponsor reserves the right to substitute a prize of equal or greater value. All prizes will be awarded.
6. LIMITATION OF LIABILITY: By entering this sweepstakes, each Entrant agrees to these Official Rules and the decisions of the Promotion Parties, and each Entrant, on his/her own behalf, and on behalf of such Entrant’s heirs, executors, administrators, legal representatives, successors and assigns (“Releasing Parties”), releases, defends and holds harmless the Promotion Parties, from any and all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, lost profits, indirect or direct damages, consequential damages, expenses (including attorneys’ fees) incidental damages, punitive or exemplary damages, judgments, executions, claims and demands whatsoever, in law or equity, whether known or unknown, foreseen or unforeseen, against Promotion Parties which any one or more of the Releasing Parties ever had, now have or hereafter can, shall or may have which in any way arise out of or result from Entrant’s participation, acceptance and use or misuse of any prize. Promotion Parties will not be responsible for: late, incomplete, or incorrect entries; Entrant’s failure to receive prize notices due to Entrant’s spam, junk e-mail, or other security settings or for Entrants’ provision of incorrect or otherwise non-functioning contact information; technical, hardware, or software malfunctions, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled, or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or used in this sweepstakes; by any human error which may occur in the processing of the entries in this sweepstakes; or any typographical, technological, or other error in the publishing of the offer, administration of the sweepstakes, or announcement of the prizes. If, in the Administrator’s opinion, there is such an error, or there is any suspected evidence of tampering with any portion of the sweepstakes, or if technical difficulties (including viruses and bugs) compromise the integrity of the sweepstakes, Sponsor reserves the right to request that the Administrator, in its sole discretion, cancel or modify this sweepstakes in a manner deemed appropriate by the Administrator. In the event of termination, winners will be selected from among all eligible entries received as of date of termination. In the event a dispute arises as to the identity of a potentially winning entrant, entries will be declared made by the name on the online entry form.
7. CHOICE OF LAW AND FORUM: AS A CONDITION OF PARTICIPATING IN THE CONTEST, YOU AGREE THAT ANY AND ALL DISPUTES WHICH CANNOT BE RESOLVED BETWEEN YOU AND ANY OF THE PROMOTION PARTIES AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THE SWEEPSTAKES, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. SUCH DISPUTES SHALL BE RESOLVED BEFORE A STATE OR FEDERAL COURT LOCATED IN LEXINGTON, KENTUCKY, WHICH COURT SHALL APPLY THE LAWS OF THE COMMONWEALTH OF KENTUCKY WITHOUT REGARD FOR PRINCIPLES OF CONFLICTS OF LAW. YOUR ENTRY IN THE CONTEST SIGNIFIES YOUR CONSENT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN LEXINGTON, KENTUCKY. FURTHER, IN ANY SUCH DISPUTE, UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN AWARDS FOR, AND YOU HEREBY WAIVE ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES, INCLUDING ATTORNEYS’ FEES, OTHER THAN YOUR ACTUAL OUT-OF-POCKET EXPENSES, AND YOU FURTHER WAIVE ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR INCREASED. IN ADDITION, IN CONNECTION WITH ANY SUCH DISPUTE YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
8. FORCE MAJEURE: In the event Sponsor is prevented from continuing with the Sweepstakes as planned herein by any event beyond its control, including but not limited to, the cancellation or postponement of the 2024 Breeders’ Cup World Championships, fire, flood, hurricane, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), pandemic or epidemic, or any federal, state, or local government law, order, or regulation, or order of any court or other cause not within Sponsor’s reasonable control, Sponsor shall have the right to modify, suspend, extend or terminate the Sweepstakes without awarding any prizes.
9. PRIVACY: Information submitted with an entry is subject to the Privacy Policy stated on the Breeders’ Cup Limited website. To read the Privacy Policy please visit: https://breederscup.com/privacy-policy.
10. SPONSOR: Prevagen, 401 Greenway Blvd. Ste. 800, Middleton, WI. 53562.
11. Winner(s) List: Any legally required winner’s list may be obtained by sending a self-addressed stamped envelope as well as a note requesting the names of the Winner addressed to: Breeders’ Cup Limited, 215 West Main Street Suite 250, Lexington, KY 40507. All such requests must be received within six (6) weeks after the Sweepstakes ends.
12. Miscellaneous: Any provision hereof prohibited by, or unlawful, or unenforceable under any applicable law of any jurisdiction shall as to such jurisdiction be ineffective without affecting any other provision or enforcement of these Official Rules. The provisions of these Official Rules are not intended to be for the benefit of, or enforceable by, any party other than Promotion Parties and Entrants. Except for Promotion Parties and Entrants, no party shall have any right to rely upon or enforce any of the terms and provisions of these Official Rules. Entrant shall not assign any rights contained herein. The failure by one party to require performance of any provision of these Official Rules shall not affect that party’s right to require performance at any time thereafter, nor shall a waiver by one party of a breach by the other party be considered a waiver of any or all subsequent breaches by the breaching party. All rights and remedies provided in these Official Rules are cumulative and not exclusive of any other rights or remedies that may be available to the parties, whether provided by law, equity, statute, in any other agreement between the parties, or otherwise.
13. GAMBLING PROHIBITION: This Sweepstakes is strictly for entertainment purposes and may not be used in connection with any form of gambling.
