HorsePlayers Happy Hour Tour
These are the Official Rules (“Rules”) for the 2021 Horseplayers Happy Hour Tour (“Tour”), presented by Breeders’ Cup Limited, a New York not-for-profit corporation, with offices located at 215 West Main Street Suite 250, Lexington, KY 40507 (“Breeders’ Cup”) in connection with Championship Enterprises, LLC (“HorsePlayers”).
The Tour begins on Thursday April 8, 2021 and will recognize a series of contests conducted on HorsePlayers.com throughout the year. Players participating in designated HorsePlayers Happy Hour Tour feeder contests (each a “Happy Hour Contest”) may earn points for the Tour and also to qualify for the Tour’s year-end playoffs. The Regular Season Winner and Playoff Winner (as hereafter defined) will each be awarded a seat in the 2021 Breeders’ Cup Betting Challenge (“BCBC”), a real money handicapping tournament held every year during the Breeders’ Cup World Championships.
Any reference in these Rules to wagering is mythical and bankrolls (i.e., accumulated points) may not be cashed at the end of the Tour.
It is the responsibility of each Tour participant to understand and abide by these Rules. Failure to comply with these Rules may result in disqualification at the sole discretion of Breeders’ Cup or its designee.
The Tour is subject to all applicable federal, province/state, and local laws and regulations.
All Tour participants must be at least twenty-one (21) years of age on or before April 8, 2021 to participate in the Tour. Officers and employees (including immediate family members of each) of Breeders’ Cup and HorsePlayers, and their respective subsidiaries and affiliates, are ineligible to participate in this Tour. Anyone who is prohibited from gambling due to any court order or other restriction, in any jurisdiction, is not eligible to compete in the Tour. All entries prohibited by applicable law shall be deemed to be void. Breeders’ Cup reserves the right to verify all eligibility requirements. Breeders’ Cup reserves the right to deny any person entry into the Tour for any reason whatsoever.
HOW TO ENTER
Participants may compete in the Tour by entering a Happy Hour Contest on HorsePlayers.com. The first Happy Hour Contest will take place on April 8, 2021.
Each individual Happy Hour Contest is governed by its own rules and procedures which can be found at HorsePlayers.com.
The Tour will begin on April 8, 2021 and will include a regular season (“Regular Season”) and year-end playoffs (“Playoffs”). Each week players participating in the designated Happy Hour Contest have a chance to earn points for the Tour and also to qualify for the Playoffs.
The player who has the most points at the conclusion of the Regular Season (the “Regular Season Winner”) will be awarded a seat at the 2021 BCBC. A second seat at the 2021 BCBC will be awarded to the player who wins the finals of the Playoffs (“Playoff Winner”). A player may qualify for two seats at the 2021 BCBC if such player is the Regular Season Winner and the Playoff Winner.
The official final order of finish for each Happy Hour Contest will be determined by Breeders’ Cup based on the final leaderboard posted on HorsePlayers.com. The operation and conduct of each Happy Hour Contest is governed by its own rules and regulations which can be found at HorsePlayers.com; provided, however, notwithstanding anything herein to the contrary, to the extent there is any conflict between the aforementioned HorsePlayers.com rules and regulations and these Rules, these Rules shall govern.
The Regular Season will begin on April, 8, 2021 and will conclude on September 13, 2021. Except for the weeks of July 7, 2021, July 14, 2021 and September 6, 2021, there will be one Happy Hour Contest per week during the Regular Season.
The points for the Regular Season will be awarded by Breeders’ Cup as follows:
•Tour points will be awarded to the top 10 finishers of each Regular Season Happy Hour Contest.
•The top finisher will receive 100 points, with points descending by increments of 10 points for the rest of the top 10 finishers (i.e., 2nd place – 90 points; 3rd place – 80 points; 4th place – 70 points; etc.).
A player with multiple entries in a particular Happy Hour Contest who finishes in the top 10 with more than one entry will receive points for both entries. For example, if the same player finishes 3rd and 8th in a Happy Hour Contest, then for purposes of the Tour leaderboard, such player will receive 110 points for that Happy Hour Contest (80 points for the 3rd place finish and 30 points for the 8th place finish).
At the conclusion of the Regular Season, each player’s eight highest-scoring Happy Hour Contest performances will be used to calculate a final Regular Season score for that player (“Regular Season Score”). To illustrate, if a player competes in nine Happy Hour Contests during the Regular Season and is awarded 60 points or above in eight Happy Hour Contests and 20 points in one Happy Hour Contest, the Happy Hour Contest in which such player only received 20 points will not count towards his or her Regular Season Score.
In the event two or more players have the same Regular Season Score, ties will be broken in accordance with the following procedures: (a) the player with the most first place finishes in Regular Season Happy Hour Contests will win the tie; if a tie still remains, then (b) the player with the most top-3 finishes in Regular Season Happy Hour Contests will win the tie; if the tie still remains, then (c) the player with the most top-5 finishes in Regular Season Happy Hour Contests will win the tie; if the tie still remains, then (d) the tie will be broken by a random draw among tied players, which shall be conducted by Breeders’ Cup.
At the conclusion of the Regular Season, the player with the highest Regular Season Score will be the Regular Season Winner and will be awarded a seat at the 2021 BCBC.
Qualifying for the Playoffs
The following players will qualify for the Playoffs:
• The top 2 finishers of each Regular Season Happy Hour Contest; and
• The next top 42 finishers (based on Regular Season Score) who have not already qualified for the maximum number of Playoff entries.
A player may qualify for the Playoffs up to 3 times, but only once in any single Happy Hour Contest. For example, if a player submits multiple entries in a Regular Season Happy Hour Contest and those entries finish in 1st and 2nd, that player will have qualified for the Playoffs one time and the player who finished in 3rd place in that Happy Hour Contest will be considered the 2nd place finisher for purposes of Playoff qualification only (and not for purposes of awarding points in the Regular Season).
The Playoffs will be comprised of four Happy Hour Contests taking place on the following dates:
• September 20, 2021 (“First Round”).
• September 27, 2021 (“Second Round”).
• October 4, 2021 (“Third Round”).
• October 18, 2021 (“Final Table”).
Points earned during the Regular Season do not carry over into the Playoffs and there will be no accumulation of points in the Playoffs. Up to three entries per player may qualify for and advance through the first three rounds of the Playoffs. Only one entry per player may advance to the Final Table.
• The top 40 highest finishing entries (not players) in the First Round will qualify for the Second Round of the Playoffs.
• The top 20 highest finishing entries (not players) in the Second Round will qualify for the Third Round of the Playoffs.
• The top 10 highest finishing players (not entries) in the Third Round will qualify for the Final Table.
The top finisher at the Final Table will be the Playoff Winner and will be awarded a seat at the 2021 BCBC.
All Tour wagers are mythical and should be placed in accordance with the rules governing such Happy Hour Contest which can be found at HorsePlayers.com. All players are responsible for ensuring that each mythical wager is placed correctly.
The Regular Season Winner and the Playoff Winner (each a “Winner” and together, the “Winners”) will be awarded a seat at the 2021 BCBC (each seat, a “Prize”) with an Approximate Retail Value (“ARV”) of Ten Thousand Dollars US ($10,000) each.
GENERAL PRIZE CONDITIONS
Affidavits confirming compliance with the Official Rules will be required of all Winners. In the event any potential Prize Winner is disqualified or determined not to be eligible by Breeders’ Cup, in its sole and absolute discretion, Breeders’ Cup reserves the right in its sole discretion to select an alternate winner(s) (each alternate winner(s), if any, being included within the definition of “Winner” and “Winners” for purposes of these Rules). If any person supplies false information, obtains entries by fraudulent means or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any Prize, Breeders’ Cup may disqualify that person and pursue any and all available legal remedies.
Winners are responsible for the payment of all local, state and/or federal taxes in connection with any Prize. Winners who are nonresidents of the United States or do not have a valid Social Security number may have winnings withheld in accordance with state and federal income tax laws and regulations. Incidental expenses on any Prize not specified herein are the Winners’ sole responsibility.
Except where prohibited by law, entry and acceptance of the Prize constitutes permission for Breeders’ Cup and its agents to use each Winner’s name, Prize won, likeness, and statements for purposes of advertising, trade, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission. The Winners also agree to participate in and cooperate with any promotional activity and/or publicity relating to the Tour and/or BCBC, as Breeders’ Cup may reasonably request from time to time.
ODDS OF WINNING
Each Happy Hour Contest recognized by the Tour is a game of skill. The odds of winning any Tour Prize is dependent upon the number of participants who compete in Happy Hour Contests throughout the Tour season and the skill of the participants.
PARTICIPANT CONDUCT AND TOUR INTEGRITY
Anyone found by Breeders’ Cup, in its sole and absolute discretion, to have (i) engaged in or attempted to engage in any act that Breeders’ Cup deems to compromise or to call into question the competitive integrity of the Tour, (ii) tampered with or attempted to tamper with the betting process and/or operation of the Tour or any participant, (iii) violated these Rules or any Happy Hour Contest Rules, (iv) acted in any unsportsmanlike manner or with the intent to annoy, abuse, threaten, coerce or harass any other person, or (v) influenced or attempted to influence the play of other Tour participants, whether through potential bonuses, incentives or otherwise will be subject to sanctions imposed by Breeders’ Cup that may include disqualification from the Tour, forfeiture of prizes, loss of the privilege to participate in future Breeders’ Cup tournaments, or any combination of sanctions.
Collusion among Tour participants shall be grounds for immediate disqualification and forfeiture of all Tour prizes. For purposes of this Tour, collusion is defined as “an agreement or cooperation especially for an illegal or deceitful purpose.”
Breeders’ Cup, acting on the advice of HorsePlayers, shall have full and final authority as to the occurrence of collusion among Tour participants. Examples of collusion may include, but are not limited to, the following circumstances: (a) the use of multiple entries, held by one or more other Tour participants, to gain an unfair advantage in one or more races that are part of the Tour; or (b) any blatant strategy among two or more Tour participants that results in an unfair advantage. For example, when examining wagering patterns, it is determined that two or more Tour participants coordinated their wagering choices on multiple races.
Collusion of entries between Tour participants is prohibited, as is any attempt to manipulate the results of the Tour. All Tour participants must make his or her own final selection independently of every other participant in the Tour. Tour participants with multiple entries are permitted to play the entries in their own names in any way they wish, consistent with these Official Rules.
Breeders’ Cup reserves the right, at its sole and absolute discretion, to interview Tour participants in order to investigate possible instances of collusion.
By participating, Tour participants agree to be bound by the terms of these Official Rules.
Breeders’ Cup is not responsible for lost, interrupted, incomplete, inaccurate or incorrect capture of betting information or for computer, telephone, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, availability or jumbled transmissions, service provider accessibility or availability, or unauthorized human intervention.
All trademarks used in connection with this Tour and the promotion thereof are the property of their respective trademark owners and are used for identification purposes only.
Breeders Cup reserves the right to interpret all questions and conditions in regard to this Tour, without claim for damages or recourse of any kind. In the event of any inconsistency between these Official Rules and any other document provided in connection with the Tour, the terms of these Official Rules shall be controlling.
Breeders’ Cup reserves the right to cancel or modify the Tour and/or the Official Rules without notice and for any reason or no reason. In the event Breeders’ Cup is prevented from continuing with the Tour as planned herein by any event beyond its control, including but not limited to, the cancellation or postponement of the 2021 Breeders’ Cup Championships, fire, flood, hurricane, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), pandemic or epidemic, or any federal, state, or local government law, order, or regulation, or order of any court or other cause not within Breeders’ Cup’s control or concerns, Breeders’ Cup shall have the right to modify, suspend, extend or terminate the Tour without awarding the Prizes.
GENERAL CONDITIONS OF ENTRY
Participants agree to these Official Rules and the decisions of Breeders’ Cup, and on their behalf, and on behalf of their respective heirs, executors, administrators, legal representatives, successors and assigns (“Releasing Parties”), release, defend and hold harmless Breeders’ Cup, its subsidiaries and affiliates and each of their respective employees, officers, directors and agents of each (“Released Parties”), from any and all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, lost profits, indirect or direct damages, consequential damages, incidental damages, punitive or exemplary damages, judgments, extent, executions, claims and demands whatsoever, in law or equity, whether known or unknown, foreseen or unforeseen, against Released Parties which any one or more of the Releasing Parties ever had, now have or hereafter can, shall or may have which in any way arise out of or result from entrant’s participation, acceptance and use or misuse of any Prize.
IN NO EVENT WILL ANY OF THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF THE CONTEST, ACCESS TO, PROVISION OF OR USE OF THE PRIZE. EVERYTHING PROVIDED BY THE RELEASED PARTIES IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TIMELINESS, ACCURACY OR NONINFRINGEMENT.
AS A CONDITION OF PARTICIPATING IN THE TOUR, YOU AGREE THAT ANY AND ALL DISPUTES WHICH CANNOT BE RESOLVED BETWEEN YOU AND BREEDERS’ CUP AND/OR ANY OF THE TOUR ENTITIES AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THE TOUR, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. SUCH DISPUTES SHALL BE RESOLVED BEFORE A STATE OR FEDERAL COURT LOCATED IN LEXINGTON, KENTUCKY, WHICH COURT SHALL APPLY THE LAWS OF THE COMMONWEALTH OF KENTUCKY WITHOUT REGARD FOR PRINCIPLES OF CONFLICTS OF LAW. YOUR PARTICIPATION IN THE TOUR SIGNIFIES YOUR CONSENT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN LEXINGTON, KENTUCKY. FURTHER, IN ANY SUCH DISPUTE, UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN AWARDS FOR, AND YOU HEREBY WAIVE ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES, INCLUDING ATTORNEYS’ FEES, OTHER THAN YOUR ACTUAL OUT-OF-POCKET EXPENSES, AND YOU FURTHER WAIVE ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR INCREASED. IN ADDITION, IN CONNECTION WITH ANY SUCH DISPUTE YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
Breeders’ Cup is the sponsor of this Tour. Any provision of these Official Rules prohibited by, or unlawful, or unenforceable under any applicable law of any jurisdiction shall as to such jurisdiction be ineffective without affecting any other provision or enforcement of these Official Rules. The provisions of these Official Rules are not intended to be for the benefit of, or enforceable by, any party other than Breeders’ Cup and participants in the Tour. Except for Breeders’ Cup and Tour participants, no party shall have any right to rely upon or enforce any of the terms and provisions of these Rules. Tour participants shall not assign any rights contained herein. The failure by one party to require performance of any provision of these Official Rules shall not affect that party’s right to require performance at any time thereafter, nor shall a waiver by one party of a breach by the other party be considered a waiver of any or all subsequent breaches by the breaching party. All rights and remedies provided in these Official Rules are cumulative and not exclusive of any other rights or remedies that may be available to the parties, whether provided by law, equity, statute, in any other agreement between the parties, or otherwise.