Kentucky Derby 150
TwinSpires x Kern’s Kitchen Drawing Terms and Conditions
Official Rules
NO PURCHASE OR WAGER IS NECESSARY TO ENTER OR WIN. A PURCHASE OR WAGER WILL NOT INCREASE YOUR CHANCE OF WINNING IN THE DRAWING.
1. Sponsor. All references to the TwinSpires x Kern’s Kitchen Drawing shall be referred to as the (“Promotion”) throughout these rules. The Promotion is offered by Churchill Downs Technology Initiatives Company ("TwinSpires") in partnership with Kern’s Kitchen (TwinSpires and Kern’s Kitchen are collectively referred to herein as “Sponsor”).
2. Dates. The Promotion begins at 12:00 am Sunday, April 14, 2024, and ends at approximately 11:59pm on Tuesday, April 23, 2024 (“Promotional Period”). All times referred to throughout these rules are Eastern Time (“ET”) unless otherwise specified.
3. Eligibility. This Promotion is only available where legal in the United States and is only open to legal U.S. residents in the Contiguous United States where the Promotion is lawfully offered. Employees, officers, and directors of TwinSpires or Kern’s Kitchen, their parent companies, affiliates, and subsidiaries, and members of their immediate families (defined as parents, siblings, spouses, or children; whether biological, adopted, step or in-law) or persons living in the same household (whether related or not) are ineligible to participate in this Promotion.
4. How to Enter: There are two (2) methods of entry for this Promotion:
a. Liking or Sharing Designated TwinSpires & Kern’s Kitchen Social Posts. To enter the drawing via social media:
i. Eligible Participants must first opt-in by liking or sharing a designated TwinSpires and Kern’s Kitchen social post between 12:00am on Sunday, April 14, 2024 and 11:59pm on Tuesday, April 23, 2024 (the “Entry Period”). A message with details of the drawing will be shared by both Sponsors, which can then be liked or shared by Eligible Participants for Entry. Once an Eligible Participant completes an opt in (social interaction with Drawing post), they will be referred to herein as a “Registered Participant.”
ii. Registered Participants will receive one (1) entry into the Drawing for liking a drawing-specific social post, per social media account.
iii. Registered Participants will receive three (3) entries into the Drawing for every share of a drawing-specific social post, per social media account.
iv. There is a limit of fifteen (15) Drawing entries per Participant during the Entry Period, regardless of entry method.
b. Mail-In Entry. Participants may enter via a mail-in entry legibly printing their first and last name on a 3”x5” sheet of paper or card (“Card”), along with their phone number, email address, and mailing address (“Mail-In Entry”), and mailing it with accurate postage to: TwinSpires Marketing, TwinSpires x Kern’s Kitchen Drawing, 600 North Hurstbourne Parkway, Suite 400, Louisville, KY 40223. Participants will receive one (1) Drawing entry per Mail-In Entry submitted. Limit of fifteen (15) entries into the Drawing per Participant during Entry Period, regardless of entry method. Entries must be postmarked during Entry Period and received by April 23, 2024. No hand-delivered letters or postcards will be accepted. Entries become the property of Sponsor and will not be returned. The use of an envelope to protect Participant privacy is strongly encouraged.
5. Prizes. A total of twelve (12) prizes will be awarded, with each prize consisting of (i) one (1) Kern’s Kitchen Derby-Pie, and (ii) one (1) complete set of TwinSpires Derby 150 field buttons. Total value of each prize: approximately $50 (U.S.). 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.
6. Additional Entry and Drawing Information.
a. Entries received from any method of entry in excess of the stated daily limit will be void.
b. No late entries will be accepted. Entries must be made in accordance with these Official Rules; any other attempted form of entry will not be accepted. Use of any automated system to participate is prohibited and will result in disqualification.
c. Drawing entries will be selected by a random selection process (through reasonably secure means to be determined by Sponsor) from all eligible Drawing entries received. All Drawings will be conducted by Sponsor, whose decisions are final and binding in all respects. Odds of winning are determined by number of eligible entries received during the Entry Period.
d. Drawings will take place on Wednesday, April 24th. The total number of prizes available to be awarded in the Promotion is twelve (12). Participants are only eligible to win one (1) time only.
e. Potential winners will be notified via email, social media, or regular mail, using information provided in during entry or in Mail-In Entry (“Winner Notification”). The Winner Notification will include an Affidavit of Eligibility and Liability/Publicity Release, where legal (“Prize Claim Forms”). Potential winners must complete, sign, have notarized and return the Prize Claim Forms within seven (7) days from the date the Winner Notification is sent in order to claim their prize, or such potential winner may be disqualified and forfeit any claim to the prize. Sponsor will communicate potential winners to the public through, but not limited to, emails and social media.
f. If the Winner Notification is returned as undeliverable, or if a potential prize winner is found to be ineligible or not in compliance with these Official Rules, or if the potential prize winner declines to accept a prize, cannot be located, or does not respond within time frame specified, or if the potential prize winner otherwise does not comply with the listed requirements, the potential prize winner will be disqualified and will forfeit the prize.
g. Any unclaimed prizes throughout the Promotion will not be awarded.
h. Winners shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize.
7. Additional Terms:
a. By completing the Opt In or submitting a Mail-In Entry, you consent for your name, and state of residence to be displayed in Sponsor online communications, such as, but not limited to, email and social media. Certain exclusions apply. This Promotion is void where prohibited by law. By completing an Opt In or submitting a Mail-In Entry to the Promotion you fully and unconditionally agree to these terms and conditions and the decisions of Sponsor management, which are final and binding in all matters related to this promotion.
b. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Promotion, to be acting in violation of these terms and conditions, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Promotion, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Sponsor reserves the right to modify, extend, suspend, or terminate the Promotion, if it determines, in its sole discretion, that the Promotion is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play, safety, and/or feasibility of the Promotion as contemplated herein. In the event Sponsor is prevented from awarding prizes or continuing with the Promotion as contemplated herein by any event beyond its control, Sponsor shall have the right to modify, suspend, or terminate the Promotion. If the Promotion is terminated before the designated end date, Sponsor will (if possible) determine the final results from all eligible, non-suspect entries received as of the date of the event giving rise to the termination.
c. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified. Winner(s) may be required to show proof of being the registered account holder. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. For purposes of this Promotion, an on-line entry is “received” when the Sponsor’s servers record the entry information. Proof of sending (such as an automated computer receipt confirming entry or “thanks for entering” message) does not constitute proof of actual receipt of an entry for purposes of this Promotion. The Sponsor’s database clock will be the official timekeeper for this Promotion. Those who do not follow all of the instructions, provide the required information in their Mail-In Entry or at the time of completing the Opt In, or abide by these Official Rules or other instructions of Sponsor may be disqualified. Entrants represent and warrant that the materials submitted will not infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity and the use thereof will result in no third-party liability or obligations.
d. These terms and conditions cannot be modified or amended in any way except in a written document issued by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these terms and conditions shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these terms and conditions shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
e. Dispute Resolution, Arbitration and Limitation of Liability. TwinSpires general terms and conditions (www.twinspires.com/terms), including, without limitation, all arbitration, dispute resolution and limitation of liability provisions, shall apply. TwinSpires promotes responsible wagering. For help with a gambling problem, call 1-800-GAMBLER.
f. Disclaimer. Sponsor assumes no responsibility or liability for any: act, failure to act, delay, or error relating to the transmitting or processing of entries or awarding of prizes; (ii) lost, stolen, delayed, damaged or misdirected entries or for any failure, problems or technical malfunction of any website, person, telephone network or lines, computer on-line systems, servers, access providers, computer equipment, software, failure of any email or entry to be received by Sponsor on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof; (iii) any incorrect or inaccurate information, whether caused by entrant, errors or by any of the personnel, equipment, hardware, software or programming associated or used with the Promotion; (iv) any conditions caused by events beyond the control of Sponsor that may cause the Promotion to be disrupted or corrupted; (v) any losses, liabilities, or damages of any kind resulting directly or indirectly from awarding, receipt, acceptance, use, or misuse of any prize; (vi) any printing or typographical errors in any materials relating to the Promotion; or (vii) any costs, injuries, losses, liabilities or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Promotion or any Promotion-related activity. Sponsor assumes no responsibility or liability for any damage to an entrant’s or any other person’s computer system, wireless phone or other equipment or device which is occasioned by accessing any website or otherwise participating in the Promotion, 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, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due entries, submissions or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information.
g. Release: By accepting a prize, each winner agrees to release each Sponsor and its parent company, affiliates, subsidiaries, divisions, advertising and promotion agencies, and other entities involved in the administration and execution of the Promotion, and all of their respective employees, directors, officers, shareholders, agents, contractors, successors and assigns (collectively “Released Parties”) from any and all claims, losses, actions, damages or other liability, whether actual, incidental or consequential, arising out of or relating to his/her participation in this Promotion or the acceptance, possession and /or use of any prize.
h. Publicity: EXCEPT WHERE PROHIBITED BY LAW, WINNERS GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), AND THOSE ACTING PURSUANT TO THEIR AUTHORITY, THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, EACH WINNER’S NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, ENTRY, FOOTAGE (IF APPLICABLE), STATEMENTS, QUOTES AND BIOGRAPHICAL INFORMATION FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON ANY MEDIA) AND THE PRIZE THEY WON WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION.
8. Winners’ List: For a winners’ list, send a self-addressed stamped envelope by May 31, 2024 to TwinSpires Marketing, TwinSpires x Kern’s Kitchen Drawing, 600 North Hurstbourne Parkway, Suite 400, Louisville, KY 40223
Abbreviated Rules
No purchase or wager necessary. A purchase/wager will not improve your chance of winning the Promotion drawings. Void where prohibited. This Promotion is offered by Churchill Downs Technology Initiatives Company ("TwinSpires") in partnership with Kern’s Kitchen (together the “Sponsor”). Must be a legal U.S. resident in the Contiguous United States where the Promotion is lawfully offered. Free entry by mail as set forth in Official Rules available at [https://www.twinspires.com/edge/terms-and-conditions-kentucky-derby-150-kern-s-kitchen-drawing/]. Entry Period begins at 12:00am on Sunday, April 14, 2024 and ends at 11:59pm on Tuesday, April 23, 2024 (the “Entry Period”). Winners will be selected on Wednesday, April 24, 2024. For help with a gambling problem, call 1-800-GAMBLER.