2023 KENTUCKY DERBY SWEEPSTAKES OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. MUST BE OF LEGAL DRINKING AGE TO PARTICIPATE. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED, RESTRICTED, OR WHERE SPONSOR IS UNABLE TO OBTAIN REGULATORY APPROVALS OR DETERMINES THAT ENTRANT IS INELIGIBLE.
1.SWEEPSTAKES PERIOD: The 2023 Kentucky Derby Sweepstakes (the “Sweepstakes”) will begin on March 1, 2022 at 12:01 AM Pacific Time and end on May 1, 2022 at 11:59 PM Pacific Time (the “Sweepstakes Period”). All entries must be submitted during the Sweepstakes Period to be eligible. This Sweepstakes is subject to these official rules (“Official Rules”).
2.SPONSOR: This Sweepstakes is sponsored by Jackson Family Wines, Inc. d/b/a Kendall-Jackson & La Crema Winery, 425 Aviation Boulevard, Santa Rosa, CA 95403 (“Sponsor”).
3.ELIGIBILITY: This Sweepstakes is only open to legal residents of the United States and the District of Columbia who are at least twenty-one (21) years of age (“Entrants”). This Sweepstakes is void in Puerto Rico, the U.S. Virgin Islands, U.S. Military installations in foreign countries, all other U.S. territories and possessions and wherever else restricted or prohibited by law, or where Sponsor is unable to obtain regulatory approvals.
The following persons are not eligible: (1) employees, officers, directors, agents, or representatives of (a) the Sponsor; (b) the legal, promotion and advertising agencies of the Sponsor; (c) any entity connected with the production or administration of the Sweepstakes; (d) licensed alcoholic beverage retailers, wholesalers, or distributors; and (e) any parent company, affiliate, subsidiary, agent and representative of any entity referred to in (a), (b), (c), or (d); and (2) immediate family members (defined as spouse, mother, father, sisters, brothers, sons, daughters, uncles, aunts, nephews, nieces, grandparents and in-laws, regardless of where they live) and those living in their household (whether or not related) and of any person referred to in (1) above. This Sweepstakes is subject to all applicable federal, state and local laws.
5.HOW TO ENTER: There are two methods of entry for the Sweepstakes:
i)Text Message Entry. During the Sweepstakes Period, from your wireless phone, text the keyword “Derby” to the short code 707-385-5320 (the “Short Code”).
After sending your text message entry, you may receive one (1) text message in response to your text entry confirming your entry and legal disclaimers from Sponsor. The text messaging method of entry is designed to work with most of the major wireless carriers in the United States, but Sponsor makes no guarantee that any particular wireless service provider will participate, and the mobile phone that is used must be capable of sending and receiving text messages. Entrants should check their phone’s features to see if they have that capability. Wireless service providers may charge Entrants for each text message, including any error message that is sent and received in connection with the Sweepstakes, based on the applicable wireless service pricing plan. Message and data rates apply. Entrants should consult their wireless service provider’s pricing plan for details. You are responsible for all applicable fees and taxes associated with placing a text entry. By texting an entry, the Entrant grants permission to the Sponsor to notify them via one or more return text messages for administration of the Sweepstakes, including notification of selection, and must agree to accept all applicable charges associated therewith. If you do not want to receive any such text messages, then you should enter the Sweepstakes using the online option below. Entry by sending a text message will not improve your chance of winning. Sponsor in its sole discretion may add or delete a cellular carrier at any time, without notice. Proof of text messaging the Short Code is not considered proof of delivery to or receipt by Sponsor of such Sweepstakes entry. Sponsor and Sponsor’s agents, affiliates, subsidiaries, representatives, or service providers may use Entrants’ and/or referrals’ personal information submitted with entry for purposes of prize fulfillment and/or future marketing by Sponsor, such as to notify them of a product or promotion that Sponsor thinks may be of interest.
ii)Online Entry. During the Sweepstakes Period, visit www.kj.com/derby-sweeps or https://www.lacrema.com/derby-sweeps and click the link to 2023 Kentucky Derby Sweepstakes and follow the instructions for entry. Entries must be received during the Sweepstakes Period.
Limit one (1) entry per person regardless of method of entry. Each Entrant can only use one (1) email address/telephone number to register for, or otherwise participate in the Sweepstakes. If it is discovered that a person has attempted to: (i) register more than one (1) time during the Sweepstakes Period; and/or (ii) use more than one (1) email address/telephone number to register for, or otherwise participate in, the Sweepstakes; then (in the sole and absolute discretion of the Sponsor) they may be disqualified from participating in the Sweepstakes. Use (or attempted use) of multiple names, identities, telephone numbers and/or any automated, macro, script, robotic or other systems(s) or program(s) to register for or otherwise participate in this Sweepstakes is prohibited and is grounds for disqualification. Sponsor is the official timekeeper of the Sweepstakes. All registrations are subject to verification at any time. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification) to participate in this Sweepstakes. Failure to provide such proof to the satisfaction of the Sponsor in a timely manner may result in disqualification of the applicable registrations that cannot be verified to the satisfaction of the Sponsor, in its sole and absolute discretion.
6.PRIZE: Two (2) winners (“Selected Entrants”) will each receive a trip for two (2) to the 2023 Kentucky Derby (the “Prize”). Selected Entrants and their guest (“Guest”) must be at least 21 years of age. ALCOHOL WILL NOT BE INCLUDED IN ANY PRIZE.
The trip includes:
Two (2) tickets to both race days at the 2023 Kentucky Derby;
Two (2) round-trip coach airfare tickets to Lexington, Kentucky, Louisville, Kentucky or Cincinnati, Ohio (at Sponsor’s discretion) from a major airport closest to Selected Entrants’ residence on an airline selected by Sponsor, in its sole discretion;
If flight is not to Louisville, Kentucky, Sponsor will provide transportation to and from Louisville, Kentucky; and
One (1) hotel room for three (3) nights’ lodging (standard room, double occupancy, at hotel of Sponsor’s choice with a 3-star rating or higher).
Rental car, meals and other incidentals excluded. Transportation between the airport of departure and the winner’s residence or Guest’s residence is not provided. Total Approximate Retail Value (“ARV”) of each Prize is $2,500.00 based on a departure from New York, New York. Total ARV of all Prizes is $5,000.00. ALCOHOL WILL NOT BE INCLUDED IN ANY PRIZE.
Selected Entrants must be available to travel to Louisville, Kentucky on May 4, 2023 to attend the 2023 Kentucky Derby, which is scheduled to take place May 5-6, 2023 and then travel back from Louisville, KY on May 7, 2023. Selected Entrants will not be eligible to receive substitute prize if unable to travel during this time, unless otherwise determined by Sponsor in its sole discretion. Selected Entrants and Guest must travel together on the same itinerary. Selected Entrants must notify Sponsor of requested travel times, and all such itineraries are subject to approval or modifications at the Sponsor’s discretion. The Selected Entrants and Guest must each sign and return a travel release before any ticketing of travel occurs at least forty-five (45) days in advance; otherwise Sponsor reserves the right to alter the request to accommodate availability.
The Selected Entrants and Guest must have all necessary identification and/or travel documents (e.g., a valid driver’s license, or passport if necessary) required for travel, and must not have any restrictions on travelling. Once the travel guest is selected, they may not be substituted, except in Sponsor’s sole and absolute discretion.
Sponsor reserves the right to make all selections regarding the contents of the Prize. Selected Entrants may choose their Guest. Guest must be twenty-one (21) years of age or older at the time of selection and will be required to execute an affidavit of eligibility and, along with the Selected Entrants, a travel release form. Guest must comply with all of the conditions of these Official Rules. If Guest does not comply with all of the requirements as outlined in these Official Rules, the Sponsor may require the Selected Entrants to choose a new Guest in which case the provisions of this section shall apply to such new selected Guest. All travel dates and arrangements are subject to change, availability, and Sponsor’s approval. Selected Entrants and Guest assume the risk of any inherent or unforeseen dangers associated with travel.
Travel and hotel accommodations are subject to capacity controls, availability, blackout dates and other restrictions, all of which are subject to change at Sponsor’s sole discretion. The Selected Entrants will be responsible for the taxes associated with airfare at the time of booking. Airline tickets are non-transferable. Paid upgrades or upgrades using frequent flyer mileage are not available.
Selected Entrants and their Guest may be required to provide a credit card at hotel upon check-in for incidentals. All costs and expenses not specifically listed as included in the Prize are the sole responsibility of the Selected Entrants or Guest, as applicable, including without limitation, rental cars, installation, additional meals, optional excursions, trip protection, coverage, hotel extras, phone and internet service, laundry service, in-room movies, personal items, mini-bar, baggage handling, gratuities, special airport fees, 9/11 security fees, and taxes, if any. Neither Sponsor nor any of its prize suppliers will replace any lost or stolen Prize or any component thereof once delivered to the Selected Entrants. Any and all activities related to use of the Prize, including, without limitation, aircraft travel and travel by car, are at the Selected Entrants’ and Guest’s own risk and subject to whatever restrictions are imposed by the entities that govern such activities.
If, in the sole judgment of Sponsor, air travel is not required due to the winner’s proximity to Louisville, Kentucky, then ground transportation may be substituted for roundtrip air travel at Sponsor’s sole and absolute discretion. The difference in value will not be awarded to the Selected Entrants.
Sponsor shall not be responsible for any cancellations, delays, diversions or substitutions or any acts or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing Prize-related services or accommodations. Selected Entrants and Guest are also responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance for them.
FURTHER, NEITHER SPONSOR NOR ANY ENTITY ASSOCIATED WITH THE SWEEPSTAKES ASSUMES ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
Selected Entrant is not entitled to any surplus between actual retail value of prize and stated ARV and any difference between stated ARV and actual value of the prize will not be awarded. No substitution, transfer, or cash redemption of prize, except by the Sponsor, who reserves the right to substitute a prize with another prize of equal or greater value should the advertised prize or any part of it become unavailable for any reason as determined by Sponsor in its sole discretion. Gift cards are subject to the rules and conditions of issuing vendor. If the Selected Entrant does not want a portion of the prize, that portion is forfeited. All federal, state or local taxes on any prize are the sole responsibility of the prize winner. Winners may be issued an IRS Form 1099 for the ARV of any awarded prize.
7.WINNER SELECTION: A winner will be selected from among all eligible entries received for the Sweepstakes, in a random drawing to take place on or about May 10, 2022. Odds of being selected are determined by the number of eligible entries received during the Sweepstakes Period. Limit one (1) winner per household. Selected Entrants are not eligible for more than one prize.
8.NOTIFICATION: Selected Entrants will be notified via email and/or telephone on or about May 10, 2022. In order to be eligible to receive the Prize, Selected Entrants and Guest will be required to sign and return within five (5) business days of receipt an affidavit or declaration of eligibility and liability/publicity release and any other required materials, which: (i) confirms compliance with these Official Rules; (ii) acknowledges acceptance of the Prize as awarded; (iii) releases the Sponsor and each of their respective officers, directors, agents, representatives, successors and assigns from any and all liability in connection with this Sweepstakes, their participation therein and/or the awarding and use/misuse of the Prize or any portion thereof; and (iv) agrees to the publication, reproduction and/or other use of their name, address, voice, statements about the Sweepstakes and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner whatsoever, including print, broadcast or the internet. If the Selected Entrants: (a) fails to return the properly executed Sweepstakes documents, including Guest’s affidavit/declaration form, within the specified time; and/or (b) cannot accept the Prize as awarded for any reason; then they may be disqualified (and will forfeit all rights to the Prize) and the Sponsor reserves the right, in its sole and absolute discretion, to randomly select an alternate eligible entrant from among the remaining eligible entries, such drawing to be conducted on or about May 20, 2022. Any alternate winner so selected will be notified by via email and/or telephone on or about May 20, 2022 (in which case the provisions of this section shall apply to such new Selected Entrants, modified as necessary). Note that provision of your social security number may be required.
9.CONDITIONS: Selected Entrant consents to the use of their name, voice and/or likeness by the Sponsor for advertising purposes without additional compensation unless otherwise prohibited by law. All entries must be complete to be eligible and the Sponsor is not responsible for late, lost, stolen or misdirected mail/email. All entries become the property of the Sponsor and will not be returned.
By entering, participants and Selected Entrant agrees to be bound by the Official Rules and release the Sponsor and its parents, partners, affiliates, subsidiaries, officers, agents, employees, advertising agencies, and all others associated with the development and execution of the Sweepstakes from and against any and all liability with respect to or in any way arising from the Sweepstakes and/or use of the prizes, including, without limitation, liability for death, personal injury, damage or loss. All decisions of the Sponsor are final and binding; and Entrants agree to waive any right to claim ambiguity in the Sweepstakes or Official Rules, except where prohibited by law.
Disputes will be governed by the internal laws of the State of California and venue for any legal action or claim must be brought in a court of competent jurisdiction in California. The Sponsor reserves the right to disqualify any Entrant it finds to be tampering with the operation of the Sweepstakes or violating the Official Rules.
10.LIMITATIONS OF LIABILITY: The Sponsor is not responsible for: (a) lost, late, misdirected, undeliverable, incomplete, illegible or indecipherable entries due to, among other things, system errors or failures or otherwise, or faulty transmissions or other telecommunications malfunctions, bugs and/or problems related to the online entry; (b) technical failures of any kind; (c) failures of any of the equipment or programming associated with or utilized in the Sweepstakes; (d) unauthorized human and/or mechanical intervention in any part of the entry process or the Sweepstakes; (e) technical or human error that may occur or be encountered by Entrants in the entry process, or by the Sponsor in the administration of the Sweepstakes or the processing of entries, including computer system, phone line, hardware, software or program malfunctions, the presence of computer viruses or other errors, failures or delays in computer transmissions or network connections that are human or technical in nature; (f) any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries; or (g) any injury or damage to persons or property (including death) which may be caused, directly or indirectly, in whole or in part, from any Entrant’s participation in the Sweepstakes or receipt or use of any prize. Sponsor may prohibit an Entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines such Entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, deception, or any other unfair playing practices of intending to annoy, abuse, threaten, undermine or harass any other players or Sponsor representatives. In the event of a system malfunction or the presence of a virus, the Sponsor reserves the right to modify or terminate the Sweepstakes at its sole discretion.
Moreover, Sponsor reserves the right, in its sole and absolute discretion, to cancel, amend or suspend this Sweepstakes, or to amend these Rules, in any way without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason whatsoever.
11.WAIVER OF JURY TRIAL: Except as prohibited by applicable law and as a condition of participating in this Sweepstakes, each Entrant hereby irrevocably and perpetually waives any right they may have to a trial by jury in respect of any litigation directly or indirectly arising out of, under or in connection with this Sweepstakes, any document or agreement entered into in connection herewith, any prize available in connection herewith, and any of the transactions contemplated hereby or thereby.
13.OFFICIAL RULES AND WINNER LIST: For a copy of these Official Rules or the Selected Entrant list, please send a request and a self-addressed, stamped envelope (WA and VT residents need not affix return postage) to: 2023 Kentucky Derby Sweepstakes, Attn: Suzie Slubik, 425 Aviation Blvd., Santa Rosa, CA 95403. (Requests must be received by July 30, 2022.)
© 2022 Jackson Family Wines, Inc., Santa Rosa, CA.