Kentucky Derby Party

Game Rules

"KENTUCKY DERBY MOBILE GAME"
FULL OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN.
GAME OPEN ONLY TO LEGAL RESIDENTS OF THE 50 U.S. STATES AND THE DISTRICT OF COLUMBIA, 21 OR OLDER. VOID WHERE PROHIBITED

DUE TO A CHANGE IN SCHEDULE FOR THE 2008 KENTUCKY DERBY RACE DAY RACES, THE KENTUCKY DERBY MOBILE GAME WILL START AT APPROXIMATLY 10:40:00 AM EST, 20 MINUTES PRIOR TO THE START OF RACE 1.

The promotion begins at 12:00:00 AM ET on 4/22/08 and ends 4:55:00 PM ET on 5/3/08 ("Promotion Period"). Participants must pre-register to play the game on 04/22/08 from 12:00:00 AM ET through 5/2/08 11:59:59 PM ET ("Registration Period"). GAME BEGINS AT 10:40:00 AM EST (20 MINUTES PRIOR TO THE START OF RACE 1 OF THE 2008 KENTUCKY DERBY) ON SATURDAY, MAY 3, 2008 AND ENDS 5 (FIVE) MINUTES PRIOR TO RACETIME OF THE 134th RUNNING OF THE KENTUCKY DERBY RACE ON MAY 3, 2008 ("ENTRY PERIOD").

GAME DESCRIPTION: The Kentucky Derby Mobile Game ("Game") allows Participants to compete against each other as Individuals and Parties to select winners in the 2008 Kentucky Derby series of races. Any race held after the 134th Kentucky Derby Race will not be part of the Game. The Game will keep track of the Individual and Party picks, Individual and Party scores, and the Game's overall standings. It is a public Game that is available free of charge, and all Participants will play under the same rules.

ELIGIBILITY: Game is open to legal residents of the 50 United States and the District of Columbia, 21 years of age or older at time of Promotion Period. Employees and their immediate families (spouse, parents, children, siblings, and their respective spouses), including those living in the households of the employees' of Churchill Downs Incorporated (the "Sponsor"), JAG Mobile LLC and its respective parent companies, affiliates, subsidiaries, divisions, advertising and promotion agencies, and any others involved in the creation, production or execution of the Game, and Marden-Kane, Inc. ("Administrator"), are not eligible to enter or win a Prize. Void in Puerto Rico, all other U.S. territories and possessions, overseas military installations and where prohibited. By entering, entrants agree to comply with these Official Rules. Game is subject to all applicable federal, state and local laws & regulations. United States law governs this Game. Entries received prior to or after Entry Period are void.

HOW TO ENTER:
Game Requirements: Participants must Register for the Game in order to play (see above for registration details). Participants may Register to compete as Individuals, as part of a Party or both. To Register visit http://party.kentuckyderby.com/p/games from 04/22/08 12:00:00 AM ET through 5/2/08 11:59:59 PM ET.

To register as an Individual: The registration page will ask you to create a username and password as well as provide your full name, full address, date of birth, email address, the Party Referral Code (if any) your mobile phone number and mobile carrier. If you do not have a mobile phone you can choose the mail-in method for making picks (see below for details on Making Picks). You must register online and obtain a username whether you choose to make picks via text or mail-in method. You must also select whether you want to compete as an Individual or as part of a Party or both at time of Registration. If you wish to create a new Party, see instructions below. If you wish to register as part of an established Party you will need to provide the Party Referral Code that you can obtain from the Party Leader. Once complete, click on "submit" and you will be registered to play the Game when the Entry Period begins. The registration form must be completely filled out in order to be eligible to play.

To register and create a Party: When you register as an Individual you have the option of creating a Party. If you select this option you will need to create a separate username and password for your Party and provide first names and email addresses of all of the Party members you would like to invite. By creating a Party you will become the Party Leader. Any prizes or taxes associated with a prize are the responsibility of the Party Leader. Upon registration confirmation your invitees will receive an email on your behalf asking them to join your Party and providing them with a Party Referral Code. You will also receive the Party Referral Code to give out to your friends. There is no limit on the number of Individuals that can participate in a Party.

The use of automated entry software is prohibited. All entries must be submitted in the name of an Individual. Individual prizes can only be awarded to the person whose name is listed on the entry. Party prizes can only be awarded to the Party Leader. Sponsor assumes no responsibility for incorrect or inaccurate entry information, human error or technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any computer equipment or software, or any combination thereof. Limit one registration per person as an Individual or as a Party, per mobile phone number. Limit one Party membership per Individual. All entries become the property of Churchill Downs Incorporated, 700 Central Ave, Louisville, KY 40208 ("Sponsor") and will not be acknowledged or returned.

Making Picks
There are two (2) ways to make picks:

1) By text message: Approximately 20 minutes before the start of each of the included races through the 134th Kentucky Derby Race each registered Individual will receive a text message on the mobile phone number they provided at registration to select a horse for the next race. Click on "make your selection" to show the horses to choose from and select the number representing your 1 (one) horse. Submit your selection following the instruction on screen to register your pick. YOU WILL BE CHARGED FOR EACH TEXT MESSAGE SENT OR RECEIVED FROM YOUR MOBILE DEVICE IN CONNECTION WITH THIS GAME ACCORDING TO THE TERMS IN YOUR SERVICE AGREEMENT WITH YOUR MOBILE CARRIER. STANDARD TEXT MESSAGING RATES APPLY. A TEXT MESSAGE ENTRANT CAN OPT-OUT OF BEING SENT THESE TEXT MESSAGES ANY TIME BY FOLLOWING THE DIRECTION PROVIDED IN THE TEXT MESSAGE. PLEASE CONSULT YOUR CELLULAR SERVICE PROVIDER REGARDING THEIR PRICING PLANS. CELLULAR PHONE CARRIER'S INSTRUCTIONS FOR TEXT MESSAGING MAY BE DIFFERENT. CHECK YOUR PHONE CAPABILITIES FOR SPECIFIC INSTRUCTIONS. THIS SWEEPSTAKES WORKS WITH MOST U.S. CELLULAR CARRIERS AND REQUIRES A TWO-WAY TEXT MESSAGING ENABLED CELLULAR PHONE. If you do not submit a pick for one or more of the races, your pick will not be valid and you will not be awarded any points for that race. Once you submit your pick for that race you cannot change your selection. If you select a horse and that horse scratches you will receive no points for that race and you will not be allowed to make another selection. All selections must be made no later than five (5) minutes prior to the start time of each race. No selections will be allowed after that time.

2) By Mail: Download the mail-in entry form at http://party.kentuckyderby.com/p/games and complete the form. For a list of races and horses scheduled to race at the 2008 Kentucky Derby go to "http://www.kentuckyderby.com" www.kentuckyderby.com after 4/30/08. Mail the completed entry form in an envelope with proper postage affixed to: Kentucky Derby Mobile Game, PO Box 4313, Manhasset, NY 11030-4313. Your entry must be postmarked by 5/2/08 and received by 5/8/08. No mechanically reproduced, illegible, incomplete, forged or altered entries will be accepted.

Scoring
During the entry period you will predict the winner in each of the races of the 2008 Kentucky Derby that are part of the Game by selecting one horse per race via the methods outlined above. Points will be awarded and accumulated based on the outcome of each race over the course of the races as outlined below. The Parties and Individuals with the highest number of accumulated points at the end of the Game will be deemed the potential winners. If any Individuals or Parties are tied for any prize level a tie-breaker will determine which Party or Individual will come first. Tie-Breaker for Individuals: if an Individual score is tied with another or multiple Individual Scores the Winner(s) will be determined by a random drawing Tie-Breaker for Parties: if a Party score is tied with another or multiple Party Scores the Winner(s) will be determined by a random drawing.

For each correct prediction, an Individual will be awarded points. Individuals will receive points for each horse they pick that wins, places or shows in each race based on the Churchill Downs Final Payout Structure based on odds determined at the end of each race. An Individual who correctly picks a horse that wins, places or shows will receive points equivalent to the dollar value of what would have been won based on the point equivalent of $2 win, $2 place and $2 show (commonly referred to as "$2 across-the-board"). The points would track with the total paid to each horse . The 134th Kentucky Derby Race will have a 5x multiplier, meaning that race will be calculated as above times 5, then that amount added to the overall total.

Example:
Payouts
Winner - Ginger Punch Win 2.60, Place 2.10, Show 2.10
Place - Leo's Pegasus Win 0.0, Place 2.80, Show 2.40
Show - Hayden Valley Win 0.0, Place 0.0 , Show 3.60

Points that would be awarded by this race example:
Ginger Punch = 6.80 points (2.60+2.10+2.10)
Leo's Pegasus = 5.20 points (0+2.80+2.40)
Hayden Valley = 3.60 points (0+0+3.60)

Points that would be awarded by this example if it were 134th Kentucky Derby Race:
Ginger Punch = 34 points (6.80 points x 5)
Leo's Pegasus = 26 points (5.20 points x 5)
Hayden Valley = 18 points (3.60 points x 5)

Points will accumulate for each Individual over the course of the races for the Individual Score. Points for all Individuals in a Party will be added together after each race and accumulate over the course of the races for the Party Score. For any race in which an Individual fails to submit an entry, he/she will receive zero points. Shortly after each race Parties and Individuals can view the Leader Board and their standings by logging onto http://party.kentuckyderby.com/p/games, standings are not official. No official results will be posted until Mail-In entries have been processed and included and winners have been notified.

WINNER SELECTION AND NOTIFICATION: Odds of winning depend upon the total number of eligible entries received. Potential winners will be contacted on May 10 or May 11, 2008 by Marden-Kane, Inc., an independent judging organization whose decisions are final and binding in all matters relating to the Game. The potential winners will be notified by telephone between the hours of 9:30 a.m. (ET) and 5:30 p.m. (ET) on May 10 or May 11, 2008 at the telephone number provided at time of entry. For Parties the mobile number used will be the one provided to the Party Leader and prize will be awarded to the Party Leader. A representative of the Sponsor will make two (2) attempts to reach each potential winner. If a potential winner cannot be reached after two (2) attempts or is reached and refuses the prize, that Individual or Party will be disqualified and an alternate winner will be selected. Sponsor representatives will continue to make two (2) attempts to reach any alternate winner selected until a potential winner is contacted and accepts prize. The potential winners will be required to execute and return by fax and/or overnight delivery service an affidavit of eligibility/release of liability as well as applicable tax information forms, and where legally permissible, a publicity release within twenty four (24) hours following receipt of same. Sponsor will provide fax information or overnight courier envelope to the potential winners to return the required documentation within twenty four (24) hours from issuance of notification. Non-compliance with this time period may result in disqualification and selection of an alternate winner.

Prizes:
TOP PARTIES: (1) One Grand Prize: Four (4) tickets to the 2009 Kentucky Derby held on May 2, 2009, hotel accommodations (2 standard hotel rooms, double occupancy for 3 days, 2 nights) and $250 betting credit at Churchill Downs for the 2009 Kentucky Derby. NO TRANSPORTATION TO/FROM EVENT WILL BE PROVIDED BY SPONSOR. All expenses in connection with the event are the sole responsibility of the winner. Approximate retail value ("ARV") of the Grand Prize is $3,250. (1) One First Prize: $1,500. (1) One Second Prize: $1,000. (2) Two Third Prizes: $500. (5) Five Fourth Prizes: $250. Total retail value of all TOP PARTY prizes: $8,000.

TOP INDIVIDUALS: (1) One Grand Prize: $2,000. (1) One First Prize: $1,250. (1) One Second Prize: $750. (1) One Third Prize: $500. (1) One Fourth Prize: $350. (5) Five Fifth Prizes: $200. (9) Nine Sixth Prizes: $100. (6) Six Seventh Prizes: $50. Total retail value of all INDIVIDUAL prizes: $7,050.

Prize Restrictions and Requirements: Limit one Individual and one Party prize per person. Prize is non-transferable, no substitutions or cash equivalents allowed, except at the discretion of the Sponsor. Taxes, and all other expenses not specified herein, if any, are the responsibility of the winner. Should any prize winner decide to decline the prize for any reason whatsoever or if the Top Party Grand Prize Winner cannot attend the 2009 Kentucky Derby, Sponsor shall have no further obligation to that potential winner. By entering, entrants agree to be bound by these rules and consent to use of their names and/or photographs for advertising or publicity purposes without further consideration, except where prohibited by law. In the event that the 2009 Kentucky Derby is cancelled or postponed for any reason whatsoever, including but not limited to scheduling conflicts, an event of force majeure, or for any other reason, no other or additional compensation will be awarded. Event admission is subject to certain terms and conditions as specified thereon. Seat locations and admission will be determined by Sponsor who also reserves the right to remove or to deny entry to a winner and/or his/her guest who engages in a non-sportsmanlike or disruptive manner, or in a way to annoy, abuse, threaten or harass any other person at the event or locale. By entering the Game, participants agree Sponsor is not liable, and shall assume no responsibility in any form for any travel expenses incurred or lost in connection with traveling to/from any event, or in connection with an event cancellation. Winners release Sponsor and their respective subsidiaries and affiliates, their employees, directors, officers and agents, and advertising agencies, JAG Mobile LLC and Marden-Kane, Inc. from any and all claims or liability in connection with participation in this promotion or acceptance or use of any prize.

Internet and Mobile Carriers: If for any reason this Game is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Game, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Game without further notice. Sponsor is not responsible for any problems or technical malfunction of any computer system, hardware, phone line, hardware, program malfunctions, satellite or cable malfunctions, mobile phone carrier outages, computer online systems, servers, or providers, computer equipment, software, failure of any E-mail or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet for a mobile phone carrier or at any Website, or any combination thereof, including any injury or damage to participant's or any other person's computer or mobile phone relating to or resulting from participation in this Game or downloading any materials in this Game. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GAME IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND 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. Entry can only be made via one (1) phone number per person. In the event of a dispute as to the identity of a winner based on a phone number, the winning entry will be declared made by the authorized account holder of the phone number submitted at time of entry. "Authorized account holder" is defined as the natural person who is assigned to a phone number by carrier, phone company or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning phone numbers for the number associated with the submitted phone number.

GAMBLING PROHIBITION: THIS GAME IS DEVISED AS A NON-GAMBLING PROMOTION, and is intended solely for entertainment purposes. The Kentucky Derby Mobile Game is a promotion based on the results of the 2008 Kentucky Derby.

Privacy: Information collected from entrant is used in accordance with Sponsor's Privacy Policy, available at http://www.churchilldownsincorporated.com/our_company/privacy_policy.html. Winners List: For winners names, available after 5/11/08, go to http://party.kentuckyderby.com/p/games. Winner's list will be available through 5/31/08.

Sponsor/Administrator: Sponsor: Churchill Downs Incorporated, 700 Central Ave, Louisville, KY 40208. Administrator: Marden-Kane, Inc., 36 Maple Place, Manhasset, NY 11030.