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Breeders’ Cup Game Rules

Breeders' Cup Game at Gold Derby to Benefit Charity

OFFICIAL RULES

    HOW TO PLAY: Create an account GoldDerby.com, log on between 9 a.m. PT on Oct. 28, 2013 and 2 p.m. PT on Nov. 2, 2013. Use the drop-and-drag menu box in Gold Derby's prediction center to select three horses participating in the Breeders' Cup (the "Sponsor") 2013 Classic race. Earn points by predicting which horses will come in first, second and third places. 1,000 points will be bestowed to participants who place the correct winner in the first position. 500 points will be bestowed for the second-ranked horse if it comes in either first or second place. 250 points will be bestowed for the third-ranked horse if it comes in first, second or third place.

    WINNER SELECTION:  Winner shall be determined based upon two criteria: correctly predicting the race's first-place winner plus receiving the highest point score. In case of a tie among multiple participants, one winner will be chosen randomly among the finalists.

    WINNER NOTIFICATION AND VERIFICATION:  The potential winner will be notified on or about Nov. 11, 2013, via the email he or she registered with Gold Derby. If a potential winner cannot be reached or does not respond within seven (7) days of initial notification attempt, they will no longer be designated as a contest winner. If a potential winner is a minor under the laws of his or her jurisdiction of residency, the prize may, in Sponsor’s discretion, be awarded in the name of the winner's parent or legal guardian.

    PRIZES: The winner will choose a charity to receive a ten thousand dollar ($10,000) donation from the Sponsor. The charity must be a 501c3 organization granted tax-exempt status by the Internal Revenue Service. Winner will also receive the VIP Breeders' Cup experience that includes premium tickets to attend the 2014 race. Included: Hotel accommodations for two nights at an affiliated area hotel of Breeders' Cup's choosing (Winner may choose dates between Thursday, October 30 and Sunday, November 2). If outside a 200 mile radius of Santa Anita Park, Breeders' Cup will provide round-trip airfare. Two tickets to "The View" on both Friday, October 31 and Saturday, November 1. One $100 wagering voucher.

No purchase or payment of any kind is necessary to enter or win this contest. Open only to legal residents of the 50 United States and the District of Columbia who are age 18 or older at time of entry. This contest is void in Puerto Rico. Void where prohibited. U.S. Law governs this contest.

    GRANT OF RIGHTS:  Entry constitutes a grant of permission to Sponsor and its parent companies, affiliates, subsidiaries, promotional partners, agents, and those they may designate from time to time (all of the foregoing, the "Sponsor Parties") to use the entrant’s name, likeness (including without limitation photographs and/or recordings of the entrant), voice and biographical information, for purposes of trade, publicity or promotion and any other purpose, in all media and formats whether now known or later developed, throughout the world in perpetuity, without any notice, permission or compensation (except where prohibited by law).  

    RELEASE AND ASSUMPTION OF RISK:  By entering, each entrant, on behalf of the entrant and his or her heirs, executors, guardians, assigns, agents and representatives, releases Gold Derby and any other company involved in the execution of development of the Contest and each of their successors, and the directors, officers, employees and assigns of each of the foregoing (all of the foregoing, the "Released Parties"), from and agrees not to assert any and all claims, actions, suits, proceedings and demands arising out of or relating to the conduct of or the entrant’s participation in the Contest, the acceptance or use of the prize, or any exercise by any of the Released Parties of the rights granted herein, and all liabilities, losses, injuries and/or damages arising out of relating to the same.  The foregoing includes, without limitation, any claims, actions, suits, proceedings or demands based upon or alleging any invasion of privacy, violation of right of publicity or infringement of any intellectual property or other personal or proprietary rights, or any personal injury or death to an entrant or any other person or any damage to or loss of personal or real property, due in whole or in part, directly or indirectly, by reason of the acceptance, possession, use or misuse of the prize and any activity or travel related thereto or participation in this Contest.  Entrants assume all liability for and risk of any injury or damage caused, or claimed to be caused, by participation in this Contest or use or redemption of any prize.

    GENERAL RULES:  The Released Parties are not responsible for late, lost, delayed, illegible, damaged, corrupted or incomplete entries or e-mails, incorrect or inaccurate capture of, damage to, or loss of entries or entry information, or any other human or technical errors of any kind relating to the submission, collection, storage or processing of entries or the administration of the Contest.  The Released Parties are not responsible for undeliverable e-mails resulting from any form of active or passive e-mail filtering by a user's Internet service provider and/or e-mail client or for insufficient space in user's e-mail account to receive e-mail.  The Released Parties are not responsible for any liability for damage to any computer system resulting from participation in or accessing or downloading information in connection with this promotion. Caution: Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of this contest is a violation of criminal and civil law. Should such an attempt be made, sponsor reserves the right to seek damages from any such individual to the fullest extent permitted by law. Sponsor reserves the right, in its sole discretion, to disqualify or prohibit from participating in the Contest any individual who, in Sponsor’s sole discretion, Sponsor determines or believes (i) has tampered with the entry process, or has undermined the legitimate operation of the Contest by cheating, hacking, deception or other unfair playing practices, or (ii) has engaged in conduct that annoys, abuses, threatens or harasses any other entrants or any representative of Sponsor, or (iii) has attempted or intends to attempt any of the foregoing.  Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend this Contest should a virus, bugs, entrant fraud or misconduct, or other causes beyond the control of the Sponsor corrupt the administration, integrity, security or proper operation of the Contest. All Gold Derby staff may participate in making predictions, but they're not eligible to win the prizes. In the event of termination of the Contest, a notice will be posted online and a winner will be selected from among all eligible entries received prior to the time of termination.  Entry times will be determined using Sponsor’s computer, which will be the official clock for the Contest.  All federal, state and local laws and regulations apply.  Entries will not be verified or returned. By participating in this promotion, entrants agree to be bound by the Official Rules and the decisions of Sponsor, which are final and binding in all respects.  The Sweepstakes Entities are not responsible for any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of the prize.  In no event will more than the stated number of prizes be awarded. By entering the Contest, entrants agree that (a) any and all disputes, claims, and causes of action arising out of or connected with the Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event attorneys' fees; and (c) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses.  Non-compliance with these Official Rules may result in disqualification.  Any legal proceedings arising out of this Contest or relating to these Official Rules shall be instituted only in the federal or state courts located in the State of California, and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these rules.   Proof of submission does not constitute proof of entry.