Longines Prize for Elegance Official Rules
LONGINES PRIZE FOR ELEGANCE
OFFICIAL RULES & HOW TO ENTER
NO PURCHASE NECESSARY TO ENTER OR WIN.
VOID WHERE PROHIBITED BY LAW.
By entering the 2020 Longines Prize for Elegance presented by Breeders’ Cup (the “Contest”), you acknowledge and agree to the following official rules (the “Official Rules”):
ELIGIBILITY: The Contest, hosted by Breeders’ Cup Limited (“Sponsor”), a New York not-for-profit corporation, with offices located at 215 West Main Street Suite 250, Lexington, KY 40507, is open only to legal residents of the United States and Canada (excluding Quebec) who are eighteen (18) years of age or older at the time of entry. Employees of Sponsor and The Swatch Group (U.S.) Inc. – Longines Division (“Longines”), including each of their respective subsidiaries, affiliates, advertising and promotion agencies, retailers, distributors (collectively, “Contest Entities”), and their immediate family members and/or those living in the same household of each are not eligible to enter or win. All entries prohibited by applicable law shall be deemed to be void. Sponsor reserves the right to verify all eligibility requirements. Contest is subject to all applicable federal, province/state, and local laws and regulations.
To officially enter the Contest, participants must post a photo(s) to Twitter or Instagram (using the hashtag #MyBreedersCup and tagging @Longines (the “Contest Tags”). Entry occurs when a participant posts a photo to a Social Media Platform using the Contest Tags in accordance with these Official Rules. Submissions by methods other than those stipulated in these Official Rules will not be accepted. Limit one (1) entry per person per Social Media Platform.
The Contest will close to entries at 3:00 PM ET (“Entry Deadline”) on Saturday, November 7, 2020 (“Championship Saturday”).
PHOTOS POSTED OR TAGGED AFTER THE ENTRY DEADLINE WILL NOT BE CONSIDERED.
CONDITIONS OF ENTRY: Entrants understand that they are posting at their sole risk. Sponsor is not responsible for any claims arising from a post, specifically including, but not limited to, claims for intellectual property infringement and privacy rights violations, as well as violations of the respective Social Media Platform’s terms and conditions.
In the event of 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. The Contest Entities shall not be responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error, which may occur in the processing of the entries in the Contest. The Contest Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries.
Except where prohibited by law, submission of any entry into the Contest constitutes permission for Contest Entities and each of their respective agents to use the entrants name, likeness, image, picture, photograph (whether still or moving), biographical data, social media handles and identities, and any other indicia or imitation of identity or likeness in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission. The Winners (as hereafter defined) also agree to participate in and cooperate with any promotional activity and/or publicity relating to the Contest, as Sponsor Entities may reasonably request from time to time.
All entries must be in compliance with the respective Social Media Platform’s terms and conditions and must not be obscene or offensive; must not depict any activities that may appear unsafe or dangerous or illegal; and must not be sexually explicit or suggestive, all as determined by Sponsor in its sole discretion. Entries must be suitable for presentation in a public forum, at the sole discretion of Sponsor. Sponsor reserves the right, in its sole discretion, to disqualify any entry in the Contest if Sponsor views the entry as potentially infringing or otherwise a violation or potential violation of a third party’s rights or if it deems the entry to be lacking in taste, quality, or to be otherwise objectionable. Any questions, comments or complaints regarding this Contest should be directed to Sponsor and not to Instagram or Twitter. Entries that do not conform with or satisfy any or all of the conditions set out in the Official Rules will be void. This Contest is in no way sponsored, endorsed, or administered by Instagram or Twitter. Instagram and Twitter are completely released of all liability by each entrant in this Contest.
HOW IT WORKS: At the Entry Deadline, Sponsor will select, at its sole discretion, the top ten (10) male entrants and the top ten (10) female entrants (the “Finalists”) for consideration by a panel of judges selected by Longines and Sponsor. Each judge will rank the respective male and female Finalists from one (1) to ten (10) with the first selection receiving ten (10) points down to the tenth selection who will receive one (1) point. The judges shall submit their rankings to Sponsor by 4:00 PM ET on Championship Saturday, at which time Sponsor will tally the total points earned by each Finalist to determine a male winner and a female winner (each a “Winner” and together the “Winners”).
WINNER NOTIFICATION: The Winners will be announced during the live telecast of the Breeders’ Cup Championships following the Longines Breeders’ Cup Turf and prior to the Longines Breeders’ Cup Classic on Championship Saturday. Announcement of the Winners will include the social media posts of each Winner. Following this announcement, Sponsor and/or Longines will contact each Winner by social media message, email, and/or telephone to secure the Winners contact information. Winner(s) may be required to complete and return to Sponsor documents of Sponsor’s choosing, including, without limitation, tax documents, a notarized Affidavit of Eligibility and Liability, and where permissible, a Publicity Release (“Affidavit/Release”), within seven (7) days of the date specified on such notification, or the Prize (as hereafter defined) may be forfeited. If Sponsor is unable to contact a Winner within twenty-four (24) hours of initial notification; if an Affidavit/Release and/or if any required document(s) is not returned within the time period provided; if a selected Winner cannot accept or receive the Prize for any reason; or if he/she is not in compliance with these Official Rules, then such Prize will be forfeited, and an alternate Winner may be determined at Sponsor’s sole and absolute discretion. Prize(s) will be awarded within sixty (60) days following Winner verification under these Official Rules.
CONTEST PRIZES & APPROXIMATE RETAIL VALUE:
Each Winner will receive a brand new Longines watch (the “Prize”) with an approximate retail value (“ARV”) of $2,150 for the watch awarded to the male Winner and $4,450 for the watch awarded to the female Winner. The Total ARV of all potential Prizes awarded under the Contest is $6,600.
GENERAL PRIZE CONDITIONS: Winners may not substitute, assign or transfer the Prize, and no Winner may redeem a prize for cash. Winners shall be responsible for all applicable federal, state and local taxes, if any. Incidental expenses not specified herein are the Winner’s sole responsibility. Sponsor will not replace any lost, mutilated or stolen Prize or any Prize that is undeliverable or does not reach the Winner(s) for any reason, including, without limitation, because of incorrect or changed contact information. If Sponsor determines at any time in its sole discretion that a Winner(s) is disqualified, ineligible, or in violation of these Official Rules, Sponsor reserves the right in its sole discretion to select an alternate Winner(s). 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, Sponsor may disqualify that person and pursue any and all available legal remedies.
GENERAL CONDITIONS OF ENTRY: Entrants agree to these Official Rules and the decisions of the Contest Entities, 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 the Contest Entities, as well as the 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.
In the event Sponsor is prevented from continuing with the Contest as planned herein by any event beyond its control, including, but not limited to, the cancellation or postponement of the 2020 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 Sponsor’s control or concerns, Sponsor shall have the right to modify, suspend, extend or terminate the Contest without awarding the Prizes. Entrants assume all liability for any injury, including death or damage caused or claimed to be caused, by participation in this Contest or use or redemption of any Prize.
GOVERNING LAW; DISPUTES: AS A CONDITION OF PARTICIPATING IN THE CONTEST, YOU AGREE THAT ANY AND ALL DISPUTES WHICH CANNOT BE RESOLVED BETWEEN YOU AND SPONSOR AND/OR ANY OF THE CONTEST ENTITIES AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THE CONTEST, 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 ENTRY IN THE CONTEST 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.
Winner(s) List: For the names of the Winner(s), send a self-addressed stamped envelope as well as a note requesting the names of the Winner(s) addressed to: Breeders’ Cup Limited, 215 West Main Street Suite 250, Lexington, KY 40507.
Miscellaneous: Any provision hereof 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 Sponsor and entrants. Except for Contest Entities and entrants, no party shall have any right to rely upon or enforce any of the terms and provisions of these Rules. Entrant 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.