“Play The Derby, Win The Preakness”
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.
SPONSOR DECISIONS ARE FINAL AND BINDING AS TO ALL ASPECTS OF 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 mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren.
4. HOW TO ENTER: There are two ways in which an eligible Entrant may enter the Sweepstakes; however, there is a limit of one (1) entry per person regardless of the method of entry (each an “Entry”):
a. Online Entry: To participate in the Sweepstakes through online entry, an eligible Entrant shall visit www.hrtv.com/ThePlayer/ and complete all entry fields which shall include such Entrant’s first and last name, home mailing address, email address, day/evening/cellular phone numbers, date of birth and the name of the horse you expect to win the 2013 Kentucky Derby (each a “Pick”); or
b. Alternate Method of Entry: To participate in the Sweepstakes during the Promotion Period mail a “3x5” piece of paper with your first and last name, home mailing address, email address, day/evening/cellular phone numbers, date of birth and your Pick in an envelope with proper postage to “Play The Derby, Win The PreaknessSweepstakes” c/o 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 week to a maximum of six (6). 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.
c. In order to provide you with additional insight into your potential Pick every week between March 28, 2013 and May 2, 2013, HRTV will post a different Derby Rank on “The Player” page at http://www.hrtv.com/racing/theplayer/2013-kentucky-derby-rankings/ for a total of six (6) weeks of Derby Ranks. Each Derby Rank will contain Jeff Siegel’s handicapping estimates of the rank order of the winner of the 2013 Kentucky Derby. There is no advantage in this Sweepstakes to correctly picking the winner of the 2013 Kentucky Derby.
Limit one entry per person per week to a maximum of six (6) entries. Multiple entries submitted by an Entrant or from the same email account which are not submitted in accordance with the Official Rules are void. 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 or mailing 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 the Grand 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.
5. ENTRY PERIOD: The Entry Period will begin at 12:01 A.M. EST on March 28, 2013 and will end at 11:59 P.M. EST on May 2, 2013. All entries must be received by HRTV by 11:59 P.M. EST on May 2, 2013. The Sponsor’s computer is the office time-keeping device for this Sweepstakes. The Sponsor reserves the right to amend the Entry Period by posting a notice to www.HRTV.com.
6. WINNER SELECTION: One (1) prize winner (“Prize Winner”) will be selected from all of the eligible entries received in a random drawing to be held on or about May 4, 2013. Odds of winning are estimated to be 40,000 to 1; however, the odds of winning shall be dependent upon the number of eligible entries received.
7. PRIZE: One (1) Prize Winnerwill receive the following: (a) two (2) premium seating tickets to be used by two (2) persons on both days of 2013 The Preakness Stakes to be held at Pimlico Race Course in Maryland on May 17th and May 18th, 2013, respectively, (one ticket per person per day); (b) accommodations for three (3) nights for two (2) persons (based upon double occupancy) at a hotel of the Sponsor’s choice, as determined by the Sponsor in its sole and absolute discretion (the “Hotel”); (c) Up to Two Thousand Five Hundred Dollars ($2,500) to be used for transportation to and from Maryland (flight, taxis, etc.) (the “Transportation”) and (d) Seven Hundred Dollars ($700) spending money. Hotel accommodations are subject to availability with a May 16th, 2013 check in and a May 19th, 2013 checkout. The approximate retail value of the Grand Prize is $4,900 (the “Grand Prize”). Changes to reservations, including at the Hotel, once made, are not permitted. All luggage fees are the responsibility of the Prize Winner. Prize Winner must submit Transportation receipts to the Sponsor by May 31st, 2013 and such amounts, up to $2,500, shall be reimbursed within thirty (30) days of the Sponsor’s receipt of same.
All expenses not specifically mentioned herein are not included and are solely the responsibility of the Prize Winner, including but not limited to: alcoholic beverages, fax, food, gratuities and tips, insurance, laundry service, merchandise, parking, room service, service charges, souvenirs and telephone calls. Prize Winner shall also be responsible for any legal disclosures associated with the Grand Prize. A minor may not participate in the Grand Prize trip unless the Prize Winner is his/her parent/legal guardian. State and federal income taxes may apply to the Grand Prize and are the sole responsibility of the Prize Winner. The Prize is non-refundable, non-transferable and non-exchangeable for cash or any other item. In its sole discretion however, the Sponsor reserves the right to substitute the Grand Prize with a prize of at least equal value. 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 Grand 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 the Grand Prize on www.HRTV.com or in any Sweepstakes material (in print or otherwise) shall be for illustrative purposes only
8. WINNER NOTIFICATION AND ACCEPTANCE: The Prize Winner will be announced online at HRTV.com on or about May 4, 2013. The Prize Winner will be announced on-air on HRTV on or about May 4, 2013. The Prize Winner will be notified by e-mail and at the discretion of the Sponsor, by phone, on or about May 5, 2013 (“Notification”) and the Prize will be awarded on or about May 6th, 2013. The return of a prize notification as undeliverable may result in disqualification and an alternate winner may be selected. The Prize Winner may waive their right to receive a prize. The Prize Winner is solely responsible for reporting and payment of all federal, state and local taxes on prizes. The Prize Winner will be required to (i) confirm acceptance of the Grand Prize within 48 hours of Notification and (ii) 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, except where prohibited by law, and to fulfill any such other requirements as determined by the Sponsor, 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 the Prize Winner’s disqualification, the forfeiture of his or her interest in the applicable prize, and the award of the Grand Prize to an alternate winner.
9. RELEASE AND LIMITATIONS OF LIABILTIY:
a. Each Entrant by participation in this Sweepstakes, including the Prize Winner by its acceptance of the Grand Prize, agrees to release HRTV and each of its parent companies, divisions, affiliates, subsidiaries, distributors, suppliers and advertising, promotional or judging agencies, and their respective employees, officers, directors, agents and legal advisors from any and all liability, claims or actions of any kind whatsoever for injuries, damages or losses to persons and property which may be sustained in connection with the Entrant’s participation in the Sweepstakes or the Entrant’s acceptance, receipt, ownership or use/misuse of the Grand Prize, including, without limitation, personal injuries, death and property damage and claims based on publicity rights, defamation or invasion of privacy. Each Entrant agrees that the Sponsor shall not be liable or responsible for any printing, or typographical, or other in advertent errors in any materials associated with the Sweepstakes and these Official Rules. The Prize Winner shall bear all risk of loss or damage to the Grand Prize after it has been delivered.
b. Except where prohibited, by participating in the Sweepstakes, entrants agree to release and hold harmless Sponsor, and their respective parents, subsidiaries, affiliates, promotional partners, Sweepstakes partners, agents and agencies, and the officers, directors and employees of each of them (the "Released Parties") from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any portion of the Grand Prize or use of www.HRTV.com, including, but not limited to: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, printers or telephone or network lines; (c) printing errors; (d) errors in the administration of the Sweepstakes or the processing of registrations and game plays; (e) late, lost, or undeliverable mail; (f) 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 (h) human error. The Released Parties assume no responsibility for any damage to an entrant’s computer system which is occasioned by participating in the Sweepstakes, or for any computer system, phone line, hardware, software or program malfunctions or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsors are not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or (if applicable) postage-due submissions or other notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, web sites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical or other error in the offering or announcement of the Grand Prize or in any Grand Prizenotification documents (by email or otherwise), or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Entrants agree that the Released Parties have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to the Grand Prize, including, without limitation, the Grand Prize’s quality or fitness for a particular purpose. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another Play.
c. Except where prohibited by law, participation in the Sweepstakes constitutes Entrant’s consent to the publication of his or her name and image in any media for any commercial or promotional purpose, without limitation or further compensation.
9. GENERAL TERMS: Incomplete entries are void. By entering, Entrants acknowledge compliance with these Official Rules, including all eligibility requirements. No mechanically reproduced, software-generated or other automated multiple entries are permitted. HRTV will not be responsible for incomplete, lost, late, misdirected or illegible entries or for failure to receive entries due to transmission failures or technical failures of any kind, including, without limitation, malfunctioning of any network, hardware or software, whether originating with the sender or the Sponsor, or for any lost or delayed data transmission. All entries become the property of the Sponsor. Entrant agrees not to upload, post or transmit materials which contain any computer viruses, Easter eggs, worms, Trojan Horses or other harmful component or programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. Entry materials that have been tampered with or altered are void. The Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the entry process, the operation of the contest website or is otherwise in violation of the Official Rules. The Sponsor further reserves the right to cancel, terminate or modify the Sweepstakes if it is not capable of completion as planned for any reason, including infection by computer virus, bugs, tampering, unauthorized intervention or technical failures of any sort. Any questions regarding the number of entries submitted or the owner of an e-mail account shall be determined by HRTV in its sole, reasonable discretion, and HRTV reserves the right to disqualify any entries by persons determined to be tampering with or abusing any aspect of the Sweepstakes. All federal, state, local and municipal laws and regulations apply.
The Sponsor is not responsible for any internet malfunctions, programing, coding errors. In the event that the operation, security, or administration of the Sweepstakes is impaired in any way for any reason, including, but, not limited to, fraud, technical failures, regularly-scheduled maintenance, virus or other technical problem, the Sponsor may, in its sole discretion, either: (a) suspend the Sweepstakes to address the impairment, then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (b) cancel the Sweepstakes. The Sponsor reserve the right in their respective sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion, or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
11. CHOICE OF LAW: These Official Rules and any dispute arising hereunder or 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 or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the state of New York, with venue in New York County in the State of New York.
12. THE SPONSOR: "Play The Derby, Win The Preakness” 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: “Play The Derby, Win The Preakness Sweepstakes", HRTV c/o Santa Anita Park, 285 West Huntington Drive, Arcadia, CA 91007.
13. WINNER LIST: For the names of the winners, available after December 15, 2012, send a self-addressed, stamped envelope to: “Play the Derby, Win The Preakness Sweepstakes", HRTV c/o Santa Anita Park, 285 West Huntington Drive, Arcadia, CA 91007
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.