The Ford Derby Day Sweepstakes
Official Rules
April 29, 2024 – May 5, 2024
PRELIMINARY INFORMATION: NO PURCHASE NECESSARY. A purchase will not improve your chances of winning. Void where prohibited. The Ford Derby Day Sweepstakes (“Sweepstakes”) will begin on April 29, 2024 at 12:00 PM PT and end on May 5, 2024 at 9:00 P.M. PT (“Sweepstakes Period”). All times in the Sweepstakes refer to Pacific Time (“PT”). Odds of winning depend upon the number of eligible Entries (as defined below) received. Sweepstakes is subject to all applicable federal, state and local laws.
ELIGIBILITY: Open only to permanent, legal United States residents who are physically residing in one (1) of the fifty (50) United States or the District of Columbia (excluding Puerto Rico, Guam, the Virgin Islands and other United States territories), who are eighteen (18) years of age or older as of the start of the Sweepstakes Period, and who have a valid driver’s license at the time of entry. Officers, directors, and employees of Sweepstakes Entities (as defined below), members of these persons’ immediate families (spouses and/or parents, children, and siblings, and each of their respective spouses, regardless of where they reside), and/or persons living in the same households as these persons (whether or not related thereto) are not eligible to enter or win the Sweepstakes. Sweepstakes Entities, as referenced herein, shall include NBCUniversal Media, LLC, 30 Rockefeller Plaza, New York, NY 10112 ("Sponsor"), Ford Motor Company, One American Road, Dearborn, MI 48126 (“Prize Provider”), and each of their respective parent, subsidiary, and affiliate companies, and their administrative, advertising, and promotion agencies, and any other entity involved in the development, administration, promotion, or implementation of the Sweepstakes. Prize (defined below) must be claimed by May 15, 2024 (or on such other date designated by Sponsor and/or Prize Provider in their sole discretion or Prize (defined below) will be forfeited.
TO ENTER: To enter the Sweepstakes, during the Sweepstakes Period, visit www.TonightShow.com/FordDerbyDay (the “Website”), click on the Sweepstakes link, and follow the provided instructions to complete and thereafter submit the entry form, which includes your Full Name, Birth Year, Gender, Phone Number, Zip Code (the “Entry”).
If you choose to submit your Entry via your web-enabled mobile device, data rates may apply. See your wireless service provider for details on rates and capabilities. All Entries become the property of Sponsor and will not be acknowledged.
Limit one (1) Entry per person during the Sweepstakes Period. Multiple Entries received from any person beyond this limit will void all such additional Entries. Entries generated by a script, macro, or other automated means or by any means that subverts the entry process will be disqualified. Entries must be received before May 5, 2024 at 9:00 P.M. PT to be eligible for the Sweepstakes. Sponsor's computer shall be the official timekeeper for all matters related to this Sweepstakes. Entries that are incomplete, garbled, corrupted, fraudulent, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. In case of a dispute over the identity of an entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. “Authorized account holder” of an email address is defined as the person who is assigned to an email address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the email address submitted at the time of Entry. Entry constitutes permission (except where prohibited by law) to use entrant’s name, city, state, likeness, image, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval.
PRIVACY: Entrants will have the opportunity to receive information from Sponsor and selected partners by checking the appropriate box(es). If, at any time, you no longer wish to receive materials from Sponsor or our partners, please go to our privacy policy, located at https://www.nbcuniversal.com/privacy, or the applicable partner’s privacy policy and follow the procedures indicated.
WINNER SELECTION AND NOTIFICATION: On or about May 13, 2024, one (1) potential winner (“Winner”) will be selected in a random drawing by representatives of Sponsor from all eligible Entries received during the Sweepstakes Period. Sponsor will make two (2) attempts to notify potential Winner at the phone number and/or email address submitted at the time of Entry. Sponsor may share potential Winner’s name and contact information with Sweepstakes Entities and/or Prize Provider, as applicable, if necessary. Potential Winner will be required to execute and return an affidavit of eligibility, release of liability, and, except where prohibited, publicity release (collectively, “Sweepstakes Documents”) within two (2) days of such notification. Noncompliance within this time period will result in disqualification, and, at Sponsor's sole discretion an alternate potential Winner may be selected from the remaining eligible Entries. If any potential Winner cannot be reached, is found to be ineligible, cannot or does not comply with these Official Rules, or if Prize (as defined below) or Prize notification is returned as undeliverable, such potential Winner will be disqualified and time permitting, at Sponsor's sole discretion, an alternate potential Winner may be selected from the remaining eligible Entries.
Sponsor will attempt to notify the potential Winner as set forth above, but Sponsor is not responsible for any undelivered e-mails, including without limitation e-mails that are not received because of a winner’s privacy or spam filter settings which may divert any Sweepstakes e-mail, including any winner notification e-mail, to a spam or junk folder. A Prize that is unclaimed, unredeemed, or returned as undeliverable will not be awarded. Sweepstakes Entities shall not be held responsible for any delays in awarding the prize for any reason.
PRIZE: There will be one (1) prize awarded (“Prize”) to the Winner. The Winner will have the choice of one (1) the following three (3) options for the Prize:
1. a 2024 Bronco® Badlands® EcoBoost® SUV (“Prize 1”)
2. a 2024 F-150® Platinum® PowerBoost® Hybrid Truck (“Prize 2”)
3. a 2024 Mustang Mach-E® Premium SUV (“Prize 3”)
Estimated Retail Value (“ERV”) of each Prize is as follows: ERV of Prize 1 is Fifty-Five Thousand Dollars ($55,000); ERV of Prize 2 is Seventy-Six Thousand Eight Hundred and Seventy Dollars ($76,870); and ERV of Prize 3 is Sixty-Five Thousand Dollars ($65,000) Total ERV of the Prize is up to Seventy-Six Thousand Eight Hundred and Seventy Dollars ($76,870). Actual Retail Value (“ARV”) of each Prize may vary. Any difference between ERV and ARV will not be awarded. For any Prize with a fair market value (“FMV”) of six hundred dollars ($600) or greater, Sponsor will furnish an Internal Revenue Service Form 1099 to Winner for the FMV of Prize for the year in which Prize was made available to Winner.
The Prize vehicle make and model specifications will be determined by Sponsor, at its sole discretion. The winner will be solely responsible for any additional features, upgrades or options to the Prize vehicle. The Winner is responsible for all taxes and expenses, including but not limited to: sales tax, luxury tax, destination charges, registration, title and license fees, insurance and all other costs incurred in claiming, registering or using the Prize. The Winner must present his or her valid driver’s license and provide satisfactory proof of liability insurance prior to the delivery of the Prize. The Prize vehicle details and availability are subject to change. Upon verification of eligibility, the Winner will be contacted to make arrangements for Prize fulfillment.
All details of Prize will be determined in Sponsor's sole discretion. Sponsor reserves the right to substitute the Prize (or portion thereof) with a similar prize (or prize element) of comparable or greater value. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prize are the sole responsibility of Winner. Prize cannot be transferred by Winner or redeemed for cash and is valid only for the items detailed above, with no substitution of Prize by Winner. If Prize is unclaimed within a reasonable time after notification from Sponsor, as determined in Sponsor's sole discretion, it will be forfeited, and time permitting, an alternate Winner may be selected from the remaining eligible Entries at Sponsor's sole discretion.
Prize fulfillment and related activities will take place on a date and time designated by Sponsor and only when and in a manner that it is safe to do so, as determined in Sponsor's sole discretion in consultation with appropriate health and safety experts. Winner must follow all instructions given by representatives of Sponsor and/or Prize Provider at all times. In no event will more than one (1) Prize be awarded.
CONDITIONS: By entering the Sweepstakes, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators (a) to release and hold harmless Sweepstakes Entities, Churchill Downs Incorporated, and each of their respective officers, directors, agents, and employees (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in the Sweepstakes and/or entrant’s acceptance, possession, use, or misuse of Prize or any portion thereof (including any travel related thereto); (b) to indemnify Released Parties from any and all liability resulting or arising from the Sweepstakes and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to Prize, including express warranties provided exclusively by prize supplier and/or Prize Provider that are sent along with Prize; (c) if selected as a Winner, to the posting of such entrant’s name on the Website and the use by Released Parties of such name, city, state, likeness, image, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Sweepstakes itself, and to be bound by all decisions of the Sponsor, which are binding and final. Failure to comply with these conditions may result in disqualification from the Sweepstakes at Sponsor's sole discretion.
ADDITIONAL TERMS: Sponsor reserves the right to permanently disqualify from any promotion any person they believe has intentionally violated these Official Rules. Any attempt to deliberately damage the Sweepstakes or the operation thereof is unlawful and subject to legal action by Sponsor, who may seek damages to the fullest extent permitted by law. The failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these Official Rules. Released Parties assume no responsibility for any injury or damage to entrants’ or to any other person’s computer relating to or resulting from entering or downloading materials or software in connection with the Sweepstakes. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of Entry information; for errors in any promotional or marketing materials or in these Official Rules; for any human or electronic error; or for Entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned. Sponsor reserves the right to cancel, modify, or suspend the Sweepstakes or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules). In the event of cancellation, modification, or suspension, Sponsor reserves the right to select Winner in a random drawing from among all eligible, non-suspect Entries received prior to the time of the event warranting such cancellation, modification, or suspension. Notice of such cancellation, modification, or suspension will be posted on the Website. Sponsor may prohibit any Entrant or potential entrant from participating in the Sweepstakes, if such Entrant or potential entrant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other Entrant, Sponsor, or Sponsor's agents or representatives; or behaves in any other disruptive manner (as determined in Sponsor's sole discretion). Sponsor reserves the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes.
DISPUTES: THE SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN NEW YORK, NEW YORK. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN NEW YORK. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF NEW YORK, NEW YORK. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
WINNER ANNOUNCEMENT: For the name of the Winner, available after June 1, 2024, either (a) send an email to DerbyDaySweeps2024@gmail.com with “The Ford Derby Day Sweepstakes” in the subject line, or (c) send a self-addressed, stamped envelope to: The Ford Derby Day Sweepstakes, 1221 6th Avenue, NBCUniversal 30B-88 New York, NY 10020, Attn: Late Night Marketing. The email or stamped envelope must be received by July 5, 2024.