2018 NYRA Mystery Mutuel Voucher Scratch Off Promotion (the Promotion ) OFFICIAL RULES

Transcription

1 2018 NYRA Mystery Mutuel Voucher Scratch Off Promotion (the Promotion ) OFFICIAL RULES 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 OFFICIAL RULES (THE RULES ) IN THEIR ENTIRETY BEFORE ENTERING THE PROMOTION. DO NOT ENTER THE PROMOTION UNLESS YOU AGREE WITH THE RULES. PARTICIPATION IN THE PROMOTION CONSTITUTES FULL AND UNCONDITIONAL AGREEMENT AND ACCEPTANCE OF THESE RULES WHICH ARE FINAL ON ALL MATTERS RELATING TO THE SWEEPSTAKES. THE NEW YORK RACING ASSOCIATION (THE SPONSOR ) DECISIONS ARE FINAL AND BINDING AS TO ALL ASPECTS OF THE PROMOTION. SCRATCH OFF TICKETS EXPIRE AT 5PM EST ON MONDAY, MAY 28, ELIGIBILITY: Employees, officers, and directors of the Sponsor or any of its respective parents, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, (collectively, the "promotion entities") and members of their immediate families (spouses, parents, siblings and children, biological or otherwise regardless of where they live) and those living in the same household are not eligible to enter the Promotion or win a prize. Must be 18 years of age or older. Promotion is void where prohibited by law. PROMOTION DESCRIPTION: Beginning May 16, 2018 at 12:01 a.m. Eastern Time ("ET") through May 25, 2018 at 11:59 p.m. ET (the "Registration Period") eligible participants may go to (the "Website"), or click on the link in the Sponsor s banner ad, or other invitation inviting participation in the Promotion including without limitation through an to you from the Sponsor, each of which shall direct you to the Website and complete the registration form with the information requested and click "Submit Entry". All requested information on the registration form at the Website must be completed to participate. Incomplete registrations will be disqualified. Alternatively, you may request an entry by mailing your information on a 3 x5 piece of paper with your name, home mailing address, address, day/evening/cellular phone numbers, and date of birth and a self-addressed stamped envelope in an envelope with proper postage to The New York Racing Association - Marketing, PO Box 90, Jamaica, NY (an "AMOE"). Limit: One (1) entry per person. All AMOEs 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 AMOE must be received by the Sponsor no later than 11:59 p.m. ET on May 25, The Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, illegible, misdirected, or postage-due requests, which will not be honored. All claims are subject to verification by representatives of Sponsor, whose decisions are final and binding in all matters relating to the Promotion. WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS PROMOTION OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION 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. To see if you have won a Prize (subject to verification of eligibility), take valid ID and your confirmation page to Belmont Park Racetrack at the redemption booths/areas on May 28, 2018 (the "Promotion Date"). At the racetrack, a

2 representative of Sponsor will check your ID, mark you as redeemed, and provide you with a scratch off ticket. You must then scratch off the ticket to reveal your voucher amount. You must then take the ticket to redemption to get your voucher. Contact NYRA for official operating hours and/or directions. You hereby acknowledge and agree that (i) you are solely responsible for transportation to/from Belmont Park Racetrack; (ii) that you are freely electing to participate in the promotion including for greater clarity by attending Belmont Park Racetrack to redeem your voucher; and (iii) that there is no consideration direct or otherwise provided to the Sponsor by you for this Promotion. The Sponsor reserves the right, in its sole discretion, to modify or change these Rules at any time by posting the changes on or within the Website. Additionally, the Sponsor has the right to cancel and or change the date of this Promotion at any time, for any reason, without notification. Your continued use of the Website following the posting of any such change or changes constitutes your acceptance of the revised Terms. The Sponsor, in its sole and absolute discretion, may use commercially reasonable efforts to provide notice of any material changes to you. If you do not agree to the Terms or if any modified Terms are not acceptable to you, do not use the Website. Your only recourse is to discontinue your use of the Website. You agree that, solely in accordance with applicable laws, the Sponsor may change any part of the Website, including its content, at any time, without notice to you and without liability. Authorized Account Holder. You are allowed one (1) entry and thus scratch off ticket per natural person. Any attempt by You to obtain more than the allowable number of entries/plays by using multiple/different accounts, mobile or computer devices, physical addresses, addresses, identities, registrations, or any other methods is prohibited and shall void that person s entries/plays and you may be banned from 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 accounts to utilize the Website is prohibited. In order to redeem any Prize, You will be required to show proof of being an Authorized Account Holder (as defined herein). Personal Information. Except as otherwise contemplated in these Official Rules any personal information collected in connection with the Website, which for greater certainty may include Your name, date of birth and address will be held and used in accordance with the privacy policy found on the Website. You agree that all personal information which you provide to the Website shall be accurate and complete upon the date of entry of any such information, and that You shall provide updated personal information promptly after any changes thereto. Service Content. You agree that you have no right or title in or to any content that appears in the Website. Carrier Charges: You agree and acknowledge that wireless service providers or your mobile service provider/carrier may charge you for the use of your mobile device while accessing the Website. You should consult your wireless service provider for pricing plans and detail as, in the event that charges apply, you will be charged according to your carrier s rates. You agree and acknowledge that the Website may not be available through all wireless carriers. Only the individual who registers for the Promotion may redeem the scratch off ticket. Potential winners must present proper identification to claim a prize. Only one (1) Coupon may be redeemed per person. Material submitted becomes the sole property of Sponsor and will not be returned. Any scratch off ticket that is illegible, mutilated, altered, defective, duplicated, tampered with, forged, cut, torn, contains printing, typographical or other errors, distributed where prohibited by law or not obtained legitimately will be null and void. If by reason of printing, seeding, or other error, more prizes are claimed than the number set forth in these Rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available in the prize category

3 in question. Inclusion in such drawing shall be each participant s sole and exclusive remedy under such circumstances. No more than the advertised number of prizes will be awarded. Submission of a prize claim is solely the responsibility of the participant. By participating in the Promotion, each participant unconditionally accepts and agrees to comply with and abide by these Rules and the decisions of the Sponsor, which shall be final and binding in all respects. PRIZE/APPROXIMATE RETAIL VALUE/ODDS OF WINNING: This promotion is open to the first 2,500 elligible entrants. Two (2) Grand Prizes are available. The Grand Prizes consists of 2, one-time, one thousand dollar ($1,000) payments payable in the form of a voucher which may only be used at Belmont Park Racetrack. THERE IS NO GUARANTEE THAT THE GRAND PRIZES WILL BE AWARDED. The odds of winning a prize is 1:1; however, the odds of winning the Grand Prize are estimated to be 2:2,500 (which is equal to the number of entries available for this promotion. ANY UNCLAIMED/UNREDEEMED PRIZES AFTER THE END DATE OF THE PROMOTION WILL NOT BE AWARDED. 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. GRAND PRIZE WINNERS WILL BE REQUIRED TO SUBMIT A W9 FORM. ID WILL BE REQUIRED FOR ALL WINNERS. Winning a prize is contingent upon fulfilling all requirements set forth herein. GENERAL: All costs and expenses incurred in connection with redeeming, accepting, or using a prize that are not specifically provided for herein, such as tax, gratuities, personal expenses, travel to/from Belmont Park Racetrack, admission, parking, and any incidental expenses, are solely the responsibility of the applicable participant and/or prize winner. Prizes not claimed in accordance with these Official Rules will not be awarded. All details and other restrictions of prizes not specified in these Official Rules will be determined by Sponsor in its sole discretion. Potential Grand Prize winners shall, and non Grand Prize winners may (in the Sponsor s sole and absolute discretion) execute and return an Affidavit of Eligibility, Liability Release and (where legal) Publicity Release (collectively, "Prize Claim Documents") prior to being awarded the Grand Prize. Non-compliance with the foregoing may result in disqualification. All prize winners shall be solely responsible for any federal, state and/or local taxes incurred in claiming the prize. The Grand Prize winner shall, and non Grand Prize winners may (in the Sponsor s sole and absolute discretion) be issued a 1099 tax form following the receipt of the prize for the value of the prize. Acceptance of a prize constitutes winner s permission for Sponsor to use winner s name, photograph, likeness, voice, biographical information, statements and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation. Entrants agree that the Promotion Entities (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses 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, or from entrants acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize s quality or fitness for a particular purpose. Sponsor assumes no responsibility for any damage to an entrant s or any other person s computer system or wireless phone which is occasioned by accessing the 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 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

4 other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. 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 or the Website, to be acting in violation of these Official Rules, 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. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. 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 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 registration is terminated prior to the end of the Registration Period, Sponsor will not distribute any additional Scratch Off Tickets after such termination and will determine Grand Prize Winning Tickets from among the persons invited to participate in the Promotion and the persons who requested a Ticket without receiving an invitation to participate prior to such termination date. Inclusion in such drawing shall be each entrant s sole and exclusive remedy under such circumstances. These Rules cannot be modified or amended in any way except in a written document by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these Rules 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 Rules 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. 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 Promotion, 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 Promotion; 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 Promotion; (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 Promotion; (4) technical or human error which may occur in the administration of the Promotion 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 Promotion or receipt or use or misuse of any prize. If, for any reason, the Promotion 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 Promotion, Sponsor may, in its sole discretion, void any suspect entries and (a) modify the Promotion or suspend the Promotion to address the impairment and then resume the Promotion 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. PUBLICITY; LIMITATIONS OF LIABILITY AND RELEASES: BY PARTICIPATING IN THIS PROMOTION, ENTRANT AGREES THAT SPONSOR, AND THEIR 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

5 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. 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. Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate State Court located in Jamaica, 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 Promotion, 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 Promotion, 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. GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE PROMOTION SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF NEW YORK WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE S LAWS. OFFICIAL RULES For a copy of the Official Rules, visit or send an to suggestions@nyrainc.com or send a stamped, self-addressed envelope to: "2018 Mystery Voucher Promotion", NYRA, Inc. PO Box 90, Jamaica, NY

6 Copyright 2018 NYRA, Inc. NYRA is a registered trademark of Sponsor name. All rights reserved.