TERMS OF USE

1. TERMS: Churchill Downs Incorporated Foundation, a 501(c)(3) charitable organization (the “Foundation,” “us,” “we,” or “our”), maintains this website and web application (“Platform”) and all information, data, and content on the Platform (collectively, “Content”) for individuals, or, if the individual represents an entity, that entity (in either case “you” or “your”) that enters into the Foundation’s 2017 Thurby Charitable Raffle drawing, the 2017 Oaks Charitable Raffle drawing and/or the 2017 Derby Charitable Raffle drawing (collectively, the “Drawings”). By accessing this Platform, you agree to be bound by these “Terms of Use,” the “Privacy Policy” located at derbygives.com, the Official Raffle Rules located at derbygives.com (the “Official Rules”), and all applicable laws and regulations. If you do not agree with these Terms of Use, you are prohibited from using or accessing this Platform. The Content contained in this Platform is protected by applicable intellectual property law.

Please read these Terms of Use carefully, as they may have changed since your last visit. We reserve the right to change these Terms of Use from time to time for any reason by posting of the updated Terms of Use to our Platform; provided that any such changes shall only apply to your use of the Platform after the date of such change, unless you expressly accept retroactive application of such changes via a click-through, signed agreement, or otherwise.

2. CONTENT: Subject to your compliance with these Terms of Use, the Foundation will permit you to access and use the Platform and Content solely for lawful purposes and only in accordance with these Terms of Use, the Privacy Policy, the Official Rules, and any other agreement you agree to with the Foundation before being given access to any specific aspects of the Platform. Any additional agreement is in addition to these Terms of Use and will govern your use of the portions of the Platform to which the additional agreement applies in the event of a conflict between the terms of these Terms of Use and the additional agreement.

Unless otherwise noted on the Platform, all Content available through the Platform, including all text, audio, video, photographs, illustrations, graphics, and other media, is owned by the Foundation, or the Foundation’s other third party providers. You represent and warrant that you will comply with the Terms of Use as to all Content available through the Platform. All Content is provided for informational purposes only and you are solely responsible for verifying the accuracy, completeness, and applicability of all Content and for your use of any Content. The Foundation has not verified the accuracy of, and will not be responsible for any errors or omissions in any Content. The Foundation makes no guarantees regarding the accuracy, currency, suitability, or quality of any Content. Except as set forth in these Terms of Use, you are granted no licenses or other rights in or to any Content, or any IPR (as defined below) therein or related thereto. If you would like to use any Content in a manner not permitted by these Terms of Use, please contact the Foundation.

3. PLATFORM TECHNOLOGY: The website, web application, and the databases, software, hardware and other technology used by or on behalf of the Foundation to operate the Platform, and the structure, organization, and underlying data, information and software code thereof (collectively, the “Technology”), constitute valuable trade secrets of the Foundation. You will not, and will not permit any third party to: (1) access or attempt to access the Technology except as expressly provided in this Terms and Use; (2) use the Technology in any unlawful manner or in any other manner that could damage, disable, overburden, or impair the Technology; (3) use automated scripts to collect information from or otherwise interact with the Technology; (4) alter, modify, reproduce, or create derivative works of the Technology; (5) distribute, sell, resell, lend, loan, lease, license, sublicense, or transfer any of your rights to access or use the Technology or otherwise make the Technology available to any third party; (6) reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of the Technology; (7) attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Technology; (8) monitor the availability, performance, or functionality of the Technology; or (9) interfere with the operation or hosting of the Technology.

4. INTELLECTUAL PROPERTY: The Foundation retains all right, title, and interest, including, without limitation, all intellectual property rights, proprietary rights, rights of publicity, rights of privacy, and any and all other legal rights protecting data, information, or intangible property throughout the world, including, without limitation, any and all copyrights, trademarks, service marks, trade secrets, patent rights, moral rights, sui generis rights in databases, and contract rights (“IPR”), in and to the Content, Technology and any additions, improvements, updates, and modifications thereto. You receive no ownership interest in or to the Content or Technology and you are not granted any right or license to use the Content or Technology itself, apart from your ability to access the Platform, and Content under these Terms of Use. The Foundation name, logo, and all product and service names associated with the Platform and Content are trademarks (whether registered or unregistered) of the Foundation and its licensors and third party providers and you are granted no right or license to use them.

5. DISCLAIMER: THE CONTENT ON THE PLATFORM IS PROVIDED “AS IS”. THE FOUNDATION MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, THE FOUNDATION DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE CONTENT ON ITS INTERNET WEBSITE OR OTHERWISE RELATING TO SUCH CONTENT OR ON ANY SITES LINKED TO THIS PLATFORM. THE FOUNDATION DOES NOT WARRANT THAT (A) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING OF CONTENT) PROVIDED BY THIS PLATFORM WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS OR THAT (B) THIS PLATFORM OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

6. LIMITATIONS OF LIABILITY: IN NO EVENT SHALL THE FOUNDATION OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION,) ARISING OUT OF THE USE OR INABILITY TO USE THE CONTENT ON THE PLATFORM, EVEN IF THE FOUNDATION OR A FOUNDATION AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. THE FOUNDATION’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS OF USE AND ALL CONTENT PROVIDED UNDER THESE TERMS OF USE OR THROUGH THE PLATFORM, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED $10. BECAUSE SOME JURISDICTIONS DO NOT PERMIT CERTAIN LIMITATIONS OR DISCLAIMERS OF LIABILITY, THESE LIMITATIONS MAY NOT APPLY TO YOU.

7. REVISIONS: The Content appearing on the Platform could include technical, typographical, photographic errors, or other inadvertent errors or inaccuracies. We reserve the right, but without obligation, to make changes to document names and materials or to otherwise update or revise the Platform from time to time, though we are not obligated to do so. The Foundation does not warrant that any of the Content on this Platform is accurate, complete, or current.

8. LINKS TO THIRD PARTY SITES: The Foundation has not reviewed all of the sites linked to this Platform, if any, and is not responsible for the content of any such linked site. The inclusion of any link on our Platform does not imply endorsement by the Foundation of the third party website or any products or services available through such third party website. Use of any such linked websites is at your own risk.

9. INDEMNIFICATION: By accessing or using the Platform or any Content available through the Platform, you agree to indemnify, hold harmless and defend the Foundation from any allegations, claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that arises in connection with your use of the Platform or any Content available through this Platform.

10. GOVERNING LAW; DISPUTES: Any claim relating to the Platform shall be governed by the laws of the Commonwealth of Kentucky without regard to its conflict of law provisions.

Except as otherwise provided below, the parties will attempt to resolve all disputes, controversies, or claims arising under, out of, or relating to these Terms of Use, including the formation, validity, binding effect, interpretation, performance, breach or termination, of these Terms of Use and the arbitrability of the issues submitted to arbitration hereunder and non-contractual claims relating to these Terms of Use (each, a “Dispute”), in accordance with the procedures set forth in this Section. If any Dispute cannot be resolved through negotiations between the parties within five days of notice from one party to the other of the Dispute, such Dispute will be finally settled through binding arbitration under the arbitration of the American Arbitration Association (“AAA”) then in effect (the “Arbitration Rules”). Either party may commence the arbitration by delivering a request for arbitration as specified in the Arbitration Rules. The arbitration will be conducted before a sole neutral arbitrator selected by agreement of the parties. If the parties cannot agree on the appointment of a single arbitrator within 30 days (the “Initial Period”) after either party to these Terms of Use delivers a request for arbitration, a neutral arbitrator will be selected as provided in the Arbitration Rules. The arbitration will be conducted exclusively in the English language at a site specified by the Foundation in the Commonwealth of Kentucky, U.S.A. The award of the arbitrator will be the exclusive remedy of the parties for all claims, counterclaims, issues or accountings presented or plead to the arbitrator. The award of the arbitrators will require payment of the costs, fees, and expenses incurred by the prevailing party in any such arbitration by the non-prevailing party. Judgment upon the award may be entered in any court or governmental body having jurisdiction thereof. Any additional costs, fees, or expenses incurred in enforcing the award may be charged against the party that resists its enforcement.

11. MISCELLANEOUS: You may not assign or transfer these Terms of Use in whole or in part to any third party without the consent of the Foundation. These Terms of Use shall bind and inure to the benefit of the parties to these Terms of Use and their respective successors, permitted transferees, and permitted assigns. The Foundation and you are independent contractors and are not partners, joint ventures, agents, employees, or representatives of the other party. These Terms of Use contain the entire understanding of the parties with respect to the transactions and matters contemplated hereby, supersede all previous communications, understandings and agreements (whether oral or written) other than any click-through or end user license agreement provided by the Foundation, and cannot be amended except by a writing signed by both parties or by the Foundation’s posting of an amended version of these Terms of Use on this Platform. The headings and captions used in these Terms of Use are used for convenience only and are not to be considered in construing or interpreting these Terms of Use. If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions. The Drawings are governed by both these Terms of Use and the Official Rules. In any and all instances where the terms and conditions of the Official Rules are in conflict with the terms and conditions of these Terms of Use, the terms and conditions of the Official Rules shall prevail and the conflicting terms and conditions of these Terms of Use shall be construed as having been amended to the extent necessary to eliminate any and all such conflicts.

If you have any questions about these Terms of Use, please contact us at the following:

Churchill Downs Incorporated Foundation
600 N. Hurstbourne Parkway, Suite 400
Louisville, KY 40222
Telephone: 502/636-4400, or toll free 800/283-3729
Email: support@derbygives.com

The Foundation’s charitable gaming license number in the Commonwealth of Kentucky is ORG0002461.

v.1.0

Proceeds from today’s 50/50 Charity Raffle will go towards charitable organizations that benefit from the Churchill Downs Incorporated Foundation, a 501(c)(3) nonprofit corporation. Churchill Downs cares deeply about the communities where we work and live and we are proud of our history of engaged and positive community relations. Since its inception in 2000, the Churchill Downs Incorporated Foundation has donated more than $2.2 million and thousands of volunteer hours to our charitable partners. These annual financial, volunteer and in-kind contributions help support the critical work of nonprofits in our industry, make a difference in important public health programs and provide meaningful opportunities in art and education.

The Churchill Downs Incorporated Foundation has donated more than $140,000 to thoroughbred retirement initiatives, has provided important health services to our backside employees, has raised more than $740,000 for education and prevention research for breast cancer organizations, and has supported Louisville’s thriving art community.

We are proud of the work we do to support our communities and are dedicated to continuing our legacy as a charitable partner. We hope you’ll join us as we work together to make our communities strong and vibrant.

For more information please visit https://www.kentuckyderby.com/5050

PRIVACY POLICY

This “Privacy Policy” is specifically for Churchill Downs Incorporated Foundation’s 2017 Thurby Charitable Raffle drawing, the 2017 Oaks Charitable Raffle drawing and/or the 2017 Derby Charitable Raffle drawing (collectively, the “Drawings”) and describes how the Churchill Downs Incorporated Foundation, a 501(c)(3) charitable organization (“Foundation” or “we”), uses and shares the information that is collected from individuals, or, if you represent an entity or other organization, that entity or organization (in either case “you” or “your”) that enters into any Drawing by way of the Drawing website or web application (“Platform”). By entering into a Drawing, you consent to this Privacy Policy. Please see the Official Raffle Rules located at: derbygives.com (the “Official Rules”) for the terms and conditions governing each Drawing. In addition, please see the Terms of Use located at derbygives.com governing your use of the Platform.

1. COLLECTION AND USE OF PERSONAL INFORMATION: The Foundation collects information in ways similar to other websites and platforms. We receive and store personal information that you may provide us in connection with each Drawing. In this Privacy Policy, “personal information” is defined as any information collected and stored under your name. For the purposes of each Drawing, we will request the following personal information: name, phone number, address, and email address. In addition, we may collect other personal information including your birth date. The personal information you provide is necessary to enable us to (i) fulfill our obligations under each Drawing (including communicating with you on the status of your entry) or (ii) answer any questions you may have about each Drawing.

Cookies. We may also collect information related to cookies. Cookies allow us to track which pages you visit. This allows us to improve the design and accessibility of the Platform. The information collected may include the date and time a link was clicked, the amount of time spent on each page, etc. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use all portions of our Platform. We do not currently recognize or respond to a Do Not Track signal.

Information we may receive from third parties. We may receive personal information about you from third parties. For example, if you access each Drawing through a third-party connection or log-in, i.e., through Facebook, by “following,” “liking,” etc., that third party may pass certain personal information to the Foundation. This personal information could include, but is not limited to, the user ID associated with your account (for example, your Facebook UID), an access token necessary to access that service, any information that you have permitted the third party to share with us, and any information you have made in public. You should always review, and if necessary, adjust your account settings on third-party websites and services before linking or connecting them to each Drawing. You may also unlink your third party account from each Drawing by adjusting your settings on the third party service. If you unlink your third party account, we will remove the personal information collected about you in connection with each Drawing.

Analytics information. We may directly collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for the Platform. These tools collect information sent by your browser or mobile device, including the pages you visit and other information that assists us in ways to improve customer experience and for internal marketing purposes. We collect and use this analytics information in aggregate form such that it cannot reasonably be manipulated to identify any particular individual user.

Log file information. Log file information is automatically reported by your browser or mobile device each time you access the Platform. These server logs may include anonymous information such as your web request, Internet Protocol (“IP”) address, browser type, referring/exit pages and URLs, number of clicks and how you interact with links on the website, domain names, landing pages, pages viewed, and other such information.

Commercial and marketing communications. We may use the personal information we collect or receive to communicate directly with you. We may send you emails containing newsletters, promotions and special offers related to the Foundation’s services and/or products. If you do not want to receive such messages, you will be given the option to opt out or change your preferences.

In order to enter into each Drawing, you will purchase raffle tickets for each Drawing through Paypal. Please review Paypal’s privacy policy to better understand their privacy practices. The Foundation does not receive or process credit card information directly. In addition, the Foundation will not directly ask for your credit card number, Social Security number, or any other type of financial or sensitive identity information to enter into each Drawing. For more information about each Drawing, please review the Official Rules and/or contact the Foundation at the contact listed below.

2. SHARING OF PERSONAL INFORMATION: We will not rent or sell your personal information to third parties outside the Foundation without your consent, except as noted below:

Affiliates entities. We may share your personal information with any parent, subsidiary or affiliate entity.

Third party business partners. We may share your personal information with third-party business partners for the purpose of performing our obligations under each Drawing. The business partners will be given limited access to your personal information as is reasonably necessary to perform our obligations, and we will require that such third parties comply with this Privacy Policy.

Disclosure permitted by law. We may share your personal information with law enforcement authorities, government or public agencies, regulators, and/or to any other person having appropriate legal authority or justification for receipt of your personal information.

Anonymized/aggregated information. Because aggregated or anonymized information does not personally identify you, we may use it for any purpose. If we combine anonymized or aggregated data with personal information, we will treat the combined information as personal information according to the Privacy Policy.

3. SECURITY: We use commercially reasonable and appropriate efforts to safeguard the privacy of your personal information. Unfortunately, no security system is 100% secure and transmissions over the internet cannot be made absolutely secure, thus we cannot ensure the security of personal information you provide to us via each Drawing. In the event that we are required by law to inform you of any unauthorized access to your personal information, we may choose to notify you electronically, in writing, or by telephone at our sole discretion.

4. UPDATES: During each Drawing, we may make changes to our Privacy Policy. When a change occurs, we will notify you by posting a notice on our Platform. By continuing to participate in each Drawing, you hereby consent to any revisions of the Privacy Policy.

5. CALIFORNIA PRIVACY RIGHTS: Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of personal information we share with third parties or corporate affiliates for those third parties or corporate affiliates’ direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to the contact listed below.

6. CONTACT US: If you have requests or questions in connection with this Privacy Policy, you may contact us at:

Churchill Downs Incorporated Foundation
600 N. Hurstbourne Parkway, Suite 400
Louisville, KY 40222
Telephone: 502/636-4400, or toll free 800/283-3729
Email: support@derbygives.com

Last revised March 27, 2017

The Foundation’s charitable gaming license number in the Commonwealth of Kentucky is ORG0002461.