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“Horse Tales: Meet the Horses of the 2013 Breeders’ Cup World Championship”
Last updated: October 9, 2013
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR TO WIN. PURCHASE WILL NOT ENHANCE CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. PLEASE READ THESE OFFICE RULES (THE “RULES”) IN THEIR ENTIRETY BEFORE ENTERING THE SWEEPSTAKES. THE SWEEPSTAKES ARE SUBJECT TO THESE OFFICIAL RULES AND PARTICIPATION IN THE SWEEPSTAKES CONSTITUTES FULL AND UNCONDITIONAL AGREEMENT AND ACCEPTANCE OF THESE RULES WHICH ARE FINAL ON ALL MATTERS RELATING TO THE SWEEPSTAKES. DO NOT ENTER THE SWEEPSTAKES UNLESS YOU AGREE WITH THE RULES.BY PARTICIPATING YOU AGREE TO BE UNCONDITIONALLY BOUND BY THESE OFFICAL RULES AND YOU AGREE AND ACKNOWLEDGE THAT THE DSCISIONS OF THE SPONSOR IN ITS SOLE AND ABSOLUTE DISCRETION SHALL BE FINAL AND BINDING IN ALL ASPECTS, MATERIAL OR OTHERWISE AND YOU HEREBY WAIVE ANY RIGHT TO CLAIM AMBIGUITY IN THESE OFFICIAL RULES OR IN THE SWEEPSTAKES.
1. SPONSOR: HRTV, LLC (“Sponsor” or “HRTV”)
2. PRIZE SUPPLIER: HRTV
3. ELIGIBILITY: To be eligible to enter and to win a prize, entrants (“Entrants”) must be, at the time of entry: (i) a natural person who is legally a resident of, and living in, one of the 50 States of the United States or the District of Columbia (excluding Puerto Rico) where the Sweepstakes is lawfully offered; (ii) at least eighteen (18) years of age or older (and not a minor in his or her state of residence); and (iii) must not be an employee or director, or IRS dependent, immediate family member or individual residing in the same household of, an employee or director, of Sponsor or any of its partners, parent companies, divisions, subsidiaries, affiliates, trustees, franchisees, licensees, advertising, promotion and public relations agencies, and their respective officers, directors, employees, agents, independent contractors, representatives and agencies. For the purposes of this Sweepstakes, “immediate family members” are defined as parent, spouse, in-laws, grandparent, sibling, children and grandchildren whether such individual is biologically related or otherwise.
4. ENTRY PERIOD: The Entry Period will begin at 12:01 A.M. EST on September 22, 2013 and will end at 11:59 P.M. EST on November 15, 2013. All Entries must be received by 11:59 P.M. EST on November 15, 2013.
5. HOW TO ENTER: Between September 22, 2013 and October 30, 2013 HRTV will (i) air on HRTV and (ii) post on the Horse Tales Sweepstakes page at www.hrtv.com(the “Website”) nine (9) unique videos related to these Sweepstakes (each a “Video”). Each Video will be an educational feature on one of the fifteen (15) divisions of the 2013 Breeders’ Cup World Championships.
All entries become the property of Sponsor when submitted and will not be returned to entrant. There are two ways to enter the Sweepstakes; however, there is a limit of one (1) entry per person, per Video Question, regardless of the method of entry (each an “Entry”):
a. Through the Website:During the Promotion Period, Entrants can use a mobile telephone or a computer with internet access (each, a "Device") to make an Entry by following these steps:
i. Access the Website from a Device and click on the Horse Tales: Meet the Horses of the 2013 Breeders’ Cup World Championship banner.
ii. Where prompted you shall enter the required information including:
1. providing your first and last name, address, city, state, ZIP Code, telephone number, email address;
2. any required releases and declarations by the eligible Entrant;
3. the answer to the question posed for the related Video (“Video Question”); and,
4. a favorite HRTV.com program
iii. If using a mobile telephone standard data charges from your wireless carrier may apply. Entry through the Website is designed to work with most major wireless carriers, but the Sponsor makes no guarantee that any particular wireless service provider will participate. Entrants should consult their wireless service provider’s pricing plan for details as Entrants who participate in the Sweepstakes in this manner will be charged according to their carrier’s mobile data rates and Entrants should contact their carriers for pricing plans and details. Check your owners’ manual for specific instructions on how to access internet settings. The Website may not be available through all wireless carriers.
b. Alternate Method of Entry: To participate in the Sweepstakes during the Entry Period without using a Device mail a 3”x5” piece of paper with your name, home mailing address, email address, day/evening/cellular phone numbers, date of birth, the answer to the question posed for the related Video Question and a favorite HRTV.com programin an envelope with proper postage to "Horse Tales,HRTV c/o Santa Anita Park, 285 West Huntington Drive, Arcadia, CA 91007. All requests must be postmarked prior to and received by the final day of the Entry Period. Limit: 1 request per envelope and 1 envelope per person per day per Video. All requests must be hand printed and become the exclusive property of the Sponsor. None will be acknowledged or returned. Proof of sending request will not be deemed to be proof of receipt by the Sponsor. The Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, illegible, misdirected, or postage-due requests, which will not be honored.
You may also be contacted with respect to the Sponsor seeking a response to optional questions and/or to register for future notices of online promotions; however, you need not answer these questions or agree to receive future emails in order to be eligible for the Sweepstakes. LIMIT ONE (1) ENTRY PER NATURAL PERSON PER VIDEO QUESTION POSED. Multiple entries submitted by a single person for the same Video Question are void and will be disqualified. Entries must be submitted by the Entrant. Automated or bulk entries or entries submitted by third-parties will be disqualified. You must complete all required information to be eligible to enter. Incomplete, illegible, corrupted or untimely entries are void and will be disqualified. Failure to comply with any of these Official Rules, or return of any required releases and related documentation, may result in forfeiture of the prize. In the event of a dispute, all e-mail entries will be deemed to have been submitted by the owner of the e-mail account from which they were sent. For these purposes, an e-mail account holder shall mean the natural person assigned to such e-mail account by the internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with such e-mail account (an “Authorized Account Holder”). It is Entrant’s sole responsibility to notify the Sponsor in writing at the address set forth above if the Entrant changes his/her e-mail address. Any attempt by any person to obtain more than the stated number of entries/plays by using multiple/different, physical addresses, email addresses, identities, registrations, or any other methods will void that person’s entries/plays and he/she may be disqualified from this Sweepstakes or any current or future promotions offered by the Sponsor, in their sole discretion. Use of any automated system, software applications that enable users to create multiple accounts and/or temporary email accounts to participate in this Sweepstakes or to redeem a Prize is prohibited and may result in disqualification from this Sweepstakes and any current or future promotions offered by the Sponsor. Each Entrant may be required to show proof of being an Authorized Account Holder.
6.1 Selection: One (1) grand prize winner (“Grand Prize Winner”) and six (6) consolation prize winners (each a “Consolation Prize Winner”) will be selected from all of the eligible entries received in a random drawing to be held on or about November 22, 2013. Nine (9) video question winners (each a “Video Question Winner” together with the Grand Prize Winner and the Consolation Prize Winners” a “Winner”) will be selected from all of the eligible entries received for each of the nine (9) Video Questions posed in separate random drawings to be held on or about November 22, 2013. Odds of winning depend on the number of eligible entries received. Odds of winning do not depend on whether an entrant correctly answers the Video Questions. Based on the number of eligible entries expected to be received, it is estimated that the odds of winning the Grand Prize or a Consolation Prize are 1 in 30,000 and the odds of winning a Video Question Prize are 1 in 300,000. Potential Winners must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements in these Official Rules.
6.2 Verification of Potential Winners: All potential WINNERS are subject to verification by Sponsor, whose decisions are final AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. An entrant is not a winner of any prize unless and until entrant’s eligibility HAS been verified and entrant has been notified that verification is complete. Winning a Prize is contingent upon fulfilling all requirements set forth herein.
7.1 GRAND PRIZE: The Grand Prize Winner will receive the following: a 50 inch wifi-enabled smart television and a one (1) year free subscription to HRTV.com (“Grand Prize”). The approximate retail value of the Grand Prize is $1590.
7.2 CONSOLATION PRIZES: Each Consolation Prize Winner shall receive a one (1) year free subscription to HRTV.com (“Consolation Prize”). The approximate retail value of the Consolation Prize is $90.
7.3 VIDEO QUESTION PRIZES: Each Video Question Winner will be awarded a Breeders’ Cup engraved crystal bowl (“Video Question Prize” together with the Consolation Prize and the Grand Prize each is a “Prize”). The approximate retail value of each Video Question Prize is $60.
7.4 Prize Restrictions: Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of prizes not specifically stated herein are the sole responsibility of the individual prize Winner including without limitation any fees associated with the delivery of the Prize. Prize cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make equivalent prize substitutions at its sole discretion. Sponsor will not replace any lost or stolen prizes. Prizes cannot be used in conjunction with any other promotion or offer. Each Winner shall also be responsible for any legal disclosures associated with a Prize. Sponsor is the final authority on the interpretation of these rules and reserves the right to change these terms without prior notice to the extent permitted by law. The Sponsor reserves the right, in its sole and absolute discretion, to (i) increase the value of any Prize and (ii) increase the number of prizes available to be won in the Sweepstakes by eligible Entrants. Each Prize is awarded “as is” without warranty of any kind concerning the appearance, performance or safety, including, for greater certainty, any express or implied warranty, any warranty of fitness for a particular purpose or merchantability. Any depiction of a Prize on www.HRTV.com or in any Sweepstakes material (in print or otherwise) shall be for illustrative purposes only.
8. WINNER NOTIFICATION, ACCEPTANCE AND RELEASES: The Winners will be announced online at HRTV.com on or about November 22, 2013. Winners will be also be notified that they have won by email, telephone and /or overnight mail at the discretion of the Sponsor on or about December 1, 2013. The voicemail and/or email will be deemed to have been received after 24 hours from the time of sending (the “Notification Time”). If the potential Winner does not respond within 48 hours from the Notification Time to accept the Prize, that potential Winner will be deemed to have forfeited the Prize.Prizes will be awarded on or about December 15, 2013.
The return of a prize notification as undeliverable may result in disqualification and an alternate winner may be selected. A Winner may waive their right to receive a prize. Winners may be required to execute and return within four (4) days of notification an Affidavit of Eligibility, a Liability Release and a Publicity Release, except where prohibited by law. Failure to sign and return the Affidavit of Eligibility, Liability Release and Publicity Release within four (4) days, or to comply with any term or condition of these Official Rules or the prize notification letter, may, at the sole discretion of the Sponsor, result in a winner’s disqualification, the forfeiture of his or her interest in the applicable prize, and the award of the applicable prize to an alternate winner.
8.1 PUBLICITY; LIMITATIONS OF LIABILITY AND RELEASES: BY PARTICIPATING IN THIS PROMOTION, ENTRANT AGREES THAT THE SPONSOR AND ITS PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, ADVERTISING, PUBLIC RELATIONS, PROMOTIONAL, FULFILLMENT MARKETING, AND WEBSITE PROVIDERS, WEB MASTERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (THE “RELEASED PARTIES”) WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS PROMOTION OR IN ANY PROMOTION RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM. BY PARTICIPATING IN THIS PROMOTION, ENTRANT AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS PROMOTION OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE.
EXCEPT WHERE PROHIBITED BY LAW, PARTICIPATION IN THE PROMOTION CONSTITUTES WINNER’S GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), AND THE RELEASED PARTIES THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLD WIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, THE WINNER’S ENTRY, NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, OPINIONS AND BIOGRAPHICAL INFORMATION (INCLUDING BUT NOT LIMITED TO HOMETOWN AND STATE) FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS PROMOTION, INCLUDING THE AFOREMENTIONED WEBSITES AND ALL PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
9. GENERAL TERMS:
This Sweepstakes is governed by the laws of the United States. Void where prohibited by law and outside the United States. WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Incomplete entries are void. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Neither Sponsor nor anyone acting on its behalf will enter into any communications with any entrant regarding this Sweepstakes, except as expressly set forth in these Official Rules. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, the website, and/or the legitimate operation of the Sweepstakes; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. Sponsor and its agents are not responsible for (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Sweepstakes or receipt or use or misuse of any prize. If, for any reason, the Sweepstakes is not capable of running as planned, including infection by computer virus or bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor, which corrupt or affect the operation, administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Sponsor may, in its sole discretion, void any suspect entries and (a) modify the Sweepstakes or suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; and/or (b) award the prize from among the eligible, non-suspect entries received up to the time of the impairment in accordance with the winner selection criteria described above.All federal, state, local and municipal laws and regulations apply.
Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awardedshall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for New York or the appropriate State Court located in New York City, New York; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
11. CHOICE OF LAW/DISPUTES: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awardedshall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for New York or the appropriate State Court located in New York City, New York; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
12. THE SPONSOR: "Horse Tales” is sponsored by HRTV and the decisions of HRTV regarding the selection of winners and all other aspects of the Sweepstakes shall be final and binding in all respects. Questions regarding this Sweepstakes or requests for written copies of Official Rules may be directed to: “Horse Tales", HRTV c/o Santa Anita Park, 285 West Huntington Drive, Arcadia, CA 91007.
13. WINNER LIST:For a copy of the Official Rules, visit www.HRTV.com or send a stamped, self-addressed envelope to: “Horse Tales", HRTV c/o Santa Anita Park, 285 West Huntington Drive, Arcadia, CA 91007. For the names of the winners, available after December 15, 2013, send a self-addressed, stamped envelope to: “Horse Tales", HRTV c/o Santa Anita Park, 285 West Huntington Drive, Arcadia, CA 91007. VT residents may exclude return postage.
14. OFFICIAL RULES:This Sweepstakes is being run in accordance with these Official Rules, subject to amendment by Sponsor as permitted by law. Entrants must comply with these Official Rules and will be deemed to have received and understood these rules if they participate in this Sweepstakes.
Copyright ©2013 HRTV, LLC. HRTV® is a registered trademark of Sponsor name. All rights reserved.