The XOOKER® DERBY BUCKET LIST Sweepstakes (“Sweepstakes”) is sponsored by XOOKER, LLC. (“Sponsor”), 501 Darby Creek Road, Suite 5, Lexington, KY 40513, and is administered by an independent third party (“Administrator”). 1. SWEEPSTAKES TIMING: The Sweepstakes begins at 12:00 AM Eastern Time (“ET”) on April 2, 2018 and ends at 11:59:59 PM ET on April 29, 2018 (“Sweepstakes Period”). The Sponsor’s computer is the Sweepstakes’ official clock.
2. ELIGIBILITY: The Sweepstakes is offered only to legal residents of the United States (the “Territory”) who are at least 18 years of age at the time of entry. Employees, officers, directors, representatives, and agents of Sponsor, Administrator, and each of their respective parent companies, subsidiaries, affiliates, advertising and promotion agencies (collectively, “Sweepstakes Entities”) and each of their immediate family members (e.g., spouse, parent, child, sibling, and their respective spouses and the “steps” of each, regardless of where they reside) and persons living in the same household of each, whether or not related, are not eligible to enter or win. This Sweepstakes is void outside of the Territory and where it is prohibited or restricted by law. All federal, state, and local laws apply. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor and Administrator’s decisions and interpretations, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein. If an entrant participates via a mobile device, Message and Data Rates may apply. Not all cellular phone providers carry the service necessary to participate in this Sweepstakes through a mobile device. Please check your mobile device’s capabilities for specific web enabled browsing instructions and pricing plans. All entries become the sole and exclusive property of the Sponsor and receipt of entries will not be acknowledged or returned. For purposes of the Sweepstakes, an Entrant’s residential address and e-mail address will be the physical address and e-mail address submitted at the time of entry. Entrants will not be allowed to change their physical address or e-mail address.
3. HOW TO ENTER THE SWEEPSTAKES: During the Sweepstakes Period there are TWO (2) ways to enter the Sweepstakes:
A. Memory Game on the Xooker App: During the Sweepstakes Period an entrant may download the Xooker App and Play the Memory Game. Each time the Game is played and completed will constitute an entry into the sweepstakes during the sweepstakes period.
IMPORTANT: Data rates may apply for each entry. Not all mobile telephone providers carry the service necessary to participate in this Sweepstakes.
B. Mail-In Entry: An eligible entrant may hand-write his/her complete name (no initials), valid e-mail address, street address (P.O. Boxes not accepted), city, state, ZIP code, telephone number, and date of birth (MM/DD/YYYY) on a 3½”x5” card (“Mail-In Entry”) and mail it with sufficient postage to: Xooker, 651 Perimeter Drive, Suite 400, Lexington, KY 40517. All Mail-In Entries must be postmarked no later than April 27, 2018, and received on or before April 28, 2018, in order to be eligible. Mail-In Entries must be legibly hand-written by entrant. Mechanical reproductions, postage-due, Mail-In Entries mailed in an envelope or sent in excess of the entry limits set forth below will not be accepted. Mail-In Entries received without a verifiable and legible return address will be deemed incomplete and not valid entries
Entry Limit: There are no limits on the number of entries via the App playing the Memory Game. Each time the Game is played and completed will constitute an entry. There is a limit of one (1) entry per person per day via Mail-In Entry. If more than one (1) Mail-In entry is received from the same person, telephone number and/or e-mail address in a day, only the first entry received may be considered valid. A “day” is defined as starting at 12:00 AM (midnight) ET and ending at 11:59:59 PM ET on a calendar day during the Sweepstakes Period.
4. RANDOM DRAWING: On or about April 30, 2018, Administrator will select one (1) potential “Grand Prize Winner” from among all eligible entries received during the Sweepstakes Period. The selected winner is deemed to be a potential winner, pending verification of the entrant’s eligibility and compliance with these Official Rules as determined by Sponsor or Administrator, in their sole and absolute discretion.
5. PRIZES, APPROXIMATE RETAIL VALUE (“ARV”), AND ODDS OF WINNING:
A. Grand Prize (1): One (1) Grand Prize Winner will receive a package for two (2), that includes Two (2) tickets to the Oaks and the Derby (see details below) a FOUR (4) day/three (3) night trip for the Grand Prize Winner and one (1) guest to Louisville, KY between May 3, 2018 and May 6, 2018 (“Trip”), $500 stipend for some travel expenses (e.g. Additional transportation needs, food, collectibles/souvenirs, etc.) awarded in the form of a check made payable to the Grand Prize Winner. Trip includes THREE (3) nights standard hotel accommodations at Galt House Hotel (one room, double occupancy); Roundtrip deluxe motorcoach transportation on Oaks and Derby. The ARV of the Grand Prize is $13,228.00. Any difference between the actual value and the stated ARV will not be awarded.
Millionaires Row – Oaks Only May 4, 2018
2 Tickets to the Oaks
Full Service In-Suite Hospitality – Gourmet Food Buffet & Premium Open Bar
Derby Experiences On Site Trip Directors
VIP Fast Access Pass
Millionaires Row – Derby Only May 5, 2018
2 Tickets to the Derby
Full Service In-Suite Hospitality – Gourmet Food Buffet & Premium Open Bar
Derby Experiences On Site Trip Directors
VIP Fast Access Pass
Three Night Stay at The Galt House
Standard hotel accommodations at Galt House Hotel (one room, double occupancy)
Check-in Thursday, May 3, 2018 – Check-out Sunday May , 2018
Semi Private Transportation on Oaks and Derby Days
The Grand Prize Winner must be capable of taking the Trip between May 3, 2018 and May 6, 2018, or the Grand Prize will be forfeited and awarded to another Grand Prize Winner, time permitting.
The guest must be at least 21 years old. The guest must also sign a Liability & Publicity Release (where permitted by law) within the time period stated in the potential Grand Prize Winner’s winner notification e-mail and/or supporting documentation. Restriction may apply if Grand Prize Winner is not at least 21 years old.
Travel is subject to the restrictions and conditions set forth below. All Trip-related travel arrangements will be administered by Sponsor’s authorized designee. All travel must be booked prior to departure. Travel is subject to capacity controls, availability, weather, seasonal influences, and certain other restrictions, all of which are subject to change. The Grand Prize Winner and his/her guest will be required to travel on identical itineraries including the same departure date and return date. Air transportation and hotel accommodations must be taken together and cannot be taken separately. No changes will be made to travel details once any element(s) of the travel arrangements have been booked, except at Sponsor’s sole discretion. All airline tickets issued in conjunction with the Trip are not eligible for upgrades, frequent flyer miles or any other promotional benefit. Sponsor will not replace any lost or stolen tickets (including any event tickets or admission passes), travel vouchers or certificates or similar items once they have been sent via Federal Express from Sponsor to the Grand Prize Winner. This includes once they are in the Grand Prize Winner’s possession or in the possession of the guest. Once hotel has been confirmed, no changes will be allowed except by Sponsor in its sole discretion. Travel is subject to the terms and conditions set forth in these Official Rules and those set forth by Sponsor’s air travel prize supplier, as detailed in the passenger ticket contract issued by such supplier. If the Grand Prize Winner elects to travel or partake in Trip with no guest, no additional compensation will be awarded to the Grand Prize Winner.
All costs and expenses not specifically included herein are solely the Grand Prize Winner’s responsibility, as are all applicable federal, state and local taxes. The Grand Prize Winner and guest are solely responsible for obtaining any desired or necessary travel documents (including government-issued photo identification). The Grand Prize Winner and guest hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance for any part of the Trip.
The Grand Prize Winner and his/her guest are responsible for all in-room charges (e.g., mini-bar, movies), telephone calls, meals, beverages, gratuities, upgrades, personal incidentals, amenities and any other fees and expenses not specifically mentioned in these Official Rules. The Grand Prize Winner will be required to provide a major credit card upon hotel check-in and all in-room charges will be charged to the credit card.
Sponsor bears no responsibility if any event, element or detail of the Trip is canceled, postponed or becomes unavailable for any reason. Should any event, element or detail of the Grand Prize become unavailable, the Sponsor shall have no obligation to Grand Prize Winner aside from providing the remaining portion of the Grand Prize, minus any unavailable event, element or detail. Sponsor is not responsible in the event the Grand Prize Winner and/or guest is denied entry into Parties or Event or is removed or barred from any ticketed event location for any other reason, and no further compensation or award will be provided to Grand Prize Winner.
B. Total ARV: The total ARV of all prizes available in this Sweepstakes is $13,228.00.
C. Odds of Winning: The odds of winning the Grand Prize depend on the number of eligible Sweepstakes entries received during the Sweepstakes Period.
D. Prize Conditions: All sizes, styles, makes, and models of any prize components are determined by Sponsor in its sole discretion.
All costs and expenses not specifically included herein are solely each winner’s responsibility. No prize substitution or exchange will be allowed, except by Sponsor, who reserves the right to substitute a prize of equal or greater value in case of unavailability of a prize or force majeure. Prizes are not redeemable for cash, nor are they transferrable. The winner and guest shall be solely responsible for payment of any and all applicable federal, state, and local taxes, if any, for any prize won. All other costs and expenses not expressly set forth herein shall be solely the winner’s responsibility.
6. HOW TO CLAIM A PRIZE: Each potential winner will be notified via e-mail by Sponsor or its authorized designee at the telephone number (if entered via app registry) or e-mail address provided at the time of entry on or about April 30, 2018. Before being declared a winner, each potential winner will be required to execute an Affidavit of Eligibility/Liability & Publicity Release and tax acknowledgment (“Affidavit”) sent with the e-mail notification. Each potential winner must return a fully executed and notarized Affidavit to the Sponsor or its authorized designee within ONE (1) calendar days from the date it is postmarked as being sent to the potential winner or the prize may (in Sponsor’s sole discretion) be forfeited. If a potential winner is disqualified, found to be ineligible or not in compliance with these Official Rules, declines to accept a prize, or in the event that a potential winner fails to return an executed and notarized Affidavit within the ONE (1) calendar day deadline via email, his/her prize may be forfeited, and in the Sponsor’s sole discretion, the forfeited prize may be awarded to an alternate winner, selected in a random drawing from among all remaining eligible entries, as determined by Sponsor in its sole discretion, time permitting.
Sponsor will attempt to notify each potential winner as set forth above, but Sponsor is not responsible for any undelivered e-mails, including without limitation e-mails that are not received because of a winner’s privacy or spam filter settings which may divert any Sweepstakes e-mail, including any winner notification e-mail, to a spam or junk folder. The right to receive a prize is non-assignable, non-transferable and no prize substitution or exchange will be allowed, except by Sponsor, who reserves the right to substitute a prize of equal or greater value in case of unavailability of a prize or force majeure, at Sponsor’s sole and absolute discretion. All other costs and expenses not expressly set forth herein shall be solely the winner’s responsibility. Upon verification of eligibility of the Grand Prize Winner, Sponsor, or its designee will contact the Grand Prize Winner to coordinate travel. Sweepstakes Entities shall not be held responsible for any delays in awarding the prize for any reason. Each prize will only be awarded to a verified winner. Verified winners must provide a valid social security number for issuing of a 1099.
7. LIMITATION OF LIABILITY: By participating in this Sweepstakes, entrants agree that the Sweepstakes Entities and each of their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers and each their respective officers, directors, stockholders, employees, representatives, designees and agents (“Released Parties”) are not responsible for: (i) lost, late, incomplete, stolen, misdirected, postage due or undeliverable e-mail/text notifications or postal mail; (ii) any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; (iii) garbled, corrupt or jumbled transmissions, service provider/network accessibility, availability or traffic congestion; (iv) any technical, mechanical, printing or typographical or other error; (v) the incorrect or inaccurate capture of registration information or the failure to capture, or loss of, any such information; (vi) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Sweepstakes; (vii) any injury or damage, whether personal or property, to entrants or to any person’s computer related to or resulting from participating in the Sweepstakes and/or accepting a prize; and (viii) entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules. Further, the Sweepstakes Entities are not responsible for any unanswered or undeliverable winner notifications.
By entering the Sweepstakes, each entrant agrees: (i) to be bound by these Official Rules, including entry requirements; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his/her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Sweepstakes; and (iii) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may arise in connection with: (a) the Sweepstakes, including, but not limited to, any Sweepstakes-related activity or element thereof, and the entrant’s entries, participation or inability to participate in the Sweepstakes; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a prize (or any component thereof); (d) any change in the prizing (or any components thereof); (e) human error; (f) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (g) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); or (h) the negligence or willful misconduct by entrant.
If, for any reason, the Sweepstakes is not capable of running as planned, Sponsor reserves the right, at its sole and absolute discretion, to cancel, terminate, modify or suspend the Sweepstakes and/or proceed with the Sweepstakes, including the selection of a winner in a manner it deems fair and reasonable, including the selection of a winner from among eligible entries received prior to such cancellation, termination, modification or suspension. In no event will more prizes be awarded than are stated in these Official Rules. In the event that, due to technical, typographical, mechanical or other errors, there are more winners than are stated in these Official Rules, a random drawing among the claimants will be held to determine the winners. If for any reason, including but not limited to an administrative, printing, production, computer or other error or due to technical difficulties or incorrect announcements of any kind, more winning messages are distributed, or more prizes are claimed than are intended to be awarded according to these Official Rules, the intended prizes will be awarded in a random drawing from among all verified prize claims received.
Without limiting the foregoing, everything regarding this Sweepstakes, including the prizes, is 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.
8. DISPUTES: IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“AAA RULES”). THE AAA RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN KENTUCKY. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN LEXINGTON, KENTUCKY. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY ENTRANT AND/OR SWEEPSTAKES ENTITIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION OCCURRED, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
10. PUBLICITY RIGHTS: By participating in the Sweepstakes and/or accepting a prize, each entrant agrees to allow the Sponsor and/or the Sponsor’s designee the perpetual right to use his/her name, address (city and state), biographical information, photos, picture, portrait, likeness, voice, and/or statements regarding the Sweepstakes and/or Sponsor for promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, including, but not limited to, live television, worldwide, on the World Wide Web and Internet, without notice, review or approval and without additional compensation, except where prohibited by law.
11. GENERAL: Any attempted form of participation in this Sweepstakes other than as described herein is void. Sponsor and Administrator reserve the right to disqualify any entrant found or suspected, in their sole and absolute discretion, to be tampering with the operation of the Sweepstakes; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of this Sweepstakes. Any attempted form of participation in this Sweepstakes other than as in these Official Rules is void. If it is discovered that a person has registered or attempted to register more than once using multiple phone numbers, e-mail addresses, residential addresses, multiple identities, IP addresses, use of proxy servers, or like methods, all of that person’s entries will be declared null and void and that person will not be awarded any prize that he/she might have been entitled to receive. Any use of robotic, automatic, macro, programmed, third party or like methods to participate in the Sweepstakes will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. Entrants and/or potential winners may be required to provide proof of identification and eligibility as required by Sponsor or Administrator In the event of a dispute as to the identity of a winner, the winning entry will be declared made by the authorized account holder of the e-mail address submitted on the registration form associated with such entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational institution) that is responsible for assigning e-mail addresses for the domain associated with the submitted email address. Each entrant may be required to show proof of being an authorized account holder. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If any provision of these Official Rules or any word, phrase, clause, sentence, or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules or the prize documents will not affect the validity or enforceability of any other provision. No entrant shall have the right to modify or amend these Official Rules. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. All entries and/or materials submitted become the property of Sponsor and will not be returned. In the event of any conflict with any Sweepstakes details contained in these Official Rules and Sweepstakes details contained in any promotional materials (including but not limited to point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Sweepstakes as set forth in these Official Rules shall prevail.
12. WINNERS LIST: For a list of winners, send a self-addressed, stamped business size envelope to: Xooker, 651 Perimeter Drive, Suite 400, Lexington, KY 40517. Winners List requests must be received no later than May 15, 2018
Sponsored by Xooker, LLC, 651 Perimeter Drive, Suite 400, Lexington, KY 40517.
© 2018 Xooker, LLC. All rights reserved.
Xooker is a registered trademark of Xooker, LLC. All rights reserved.
Winners of the $500 a day Give-A-Way will be randomly selected by computer and the odds of winning will be based on the number of entries for that day. One winner will be selected daily from all of the entries from that day. Entries are eligible beginning at 12:00 AM till 11:59 PM daily. Entries are based on the number of levels you play on the $500 Game of the Day. The more times you play equals more entries. One entry for each completed level of the $500 Game of the Day. You must be 18 years of age or older to be eligible. By agreeing to these terms and conditions, you allow Xooker the permission to utilize your full name (First and Last name) as well as your city of registration in announcing and promoting our daily giveaway winners. Xooker Employees, Contractors and their relatives are not eligible. No Purchase necessary to Play. Customer Support 866-590-9112.
Winners of the $15,000 College Scholarship Give-A-Way will be randomly selected by computer and the odds of winning will be based on the number of entries. By downloading the Xooker app you automatically receive one (1) entry for all scholarship drawings. One winner will be selected on 10/15/16 from entries registered from 9/1/16 through 11:59 PM on 10/14/16. One winner will be selected on 11/15/16 from entries registered from 10/15/16 through 11:59 PM on 11/14/16. One winner will be selected on 12/15/16 from entries registered from 11/15/16 through 11:59 PM on 12/14/16. Additional entries are based on the number of levels you play on the College Scholarship Game of the Day. The more times you play equals more entries. One entry for each completed level of the College Scholarship Game of the Day. Xooker reserves the right to offer additional entries based on special promotions. To be eligible you must be 18 years or older, currently enrolled in an accredited college, university or technical school. Xooker reserves the right to determine eligibility. Xooker Employees, Contractors and their relatives are not eligible. No Purchase necessary to Play. Customer Support 866-590-9112.
By participating in either contest, all entrants acknowledge and agree that they have entered the contest of their own free will, that the full rules and details of the contest have been made available to them in writing and they therefore understand and agree that neither Xooker, its agents, affiliates, sponsors, representatives or employees have any liability with respect to any damages out of acceptance and use of a prize. All taxes relative to the prize package are the sole responsibility of the winner. Winner(s) will be required to complete and submit an IRS Form W-9 or the equivalent including a winner’s full Social Security Number for receipt of any prize valued at $600 or more in a calendar year with an aggregate value of $600 or more. Xooker has the right to adjust or end the contest at any time to investigate possible cheating or tampering. Xooker also retains the right to suspend either contest at any time, at its discretion, for any reason that Xooker deems necessary. As a participant, you are granting Xooker permission to use your name, contest entry, and likeness for future marketing purposes. This Promotion is subject to all applicable federal, state, and local laws and regulations. Void outside the United States, in NY and FL, as applicable, and where prohibited. Decisions by Xooker on rules and conduct are final. By entering this promotion, participants agree to be bound by these rules.
Mail-In Entry: An eligible entrant may hand-write his/her complete name (no initials), valid e-mail address, street address (P.O. Boxes not accepted), city, state, ZIP code, telephone number, and date of birth (MM/DD/YYYY) on a 3½”x5” card (“Mail-In Entry”) and mail it with sufficient postage to: Xooker LLC, 501 Darby Creek Rd, Suite 5, Lexington, KY 40509. All Mail-In Entries are valid from the time received, verified and entered in the database.
Mail-In Entries must be legibly hand-written by entrant. Mechanical reproductions, postage-due, Mail-In Entries mailed in an envelope or sent in excess of the entry limits set forth below will not be accepted. The Mail-In Entry limit is 1 per day. Mail-In Entries received without a verifiable and legible return address will be deemed incomplete and not valid entries. Mail-In entries are not valid for the $500 a Day Giveaway due to prizes redeemable only through mobile devices.