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TWIN SPIRES CLUB PROGRAM – TERMS & CONDITIONS
ELIGIBILITY. The Twin Spires Club program (the “TSC Program”) is a membership program sponsored by Churchill Downs Incorporated (“the Company”). Membership in the TSC Program (“Membership”) is open to legal residents of the 50 United States and the District of Columbia who are of legal wagering age in their state or district of residence, except employees or agents of the Company (including its respective subsidiaries, divisions, affiliates, advertising agencies) and members of their immediate families (spouse, children, parents and siblings). The TSC Program is void where prohibited or where restricted by law (including, without limitation, any jurisdiction that requires the registration of the TSC Program with any governmental agency or the posting of a bond or other security).
By joining the TSC Program you represent that you are of legal wagering age in and a legal resident of your state or district of residence and that you agree to the terms and conditions of the TSC Program. Photo identification and/or drivers license may be required at the time of enrollment into the TSC Program as well as the time that any TSC Program points are redeemed.
MEMBERSHIP. Your Membership is valid only at participating Company properties or official partners and at Company advance deposit wagering sites such as TwinSpires.com. Your Membership is nontransferable and is subject to current and future TSC Program rules. One membership and one membership card (“TSC Card”) per person. Members are in no way permitted to share their card with other members or non-members. Members may not combine points earned by other members in any TSC Program account or transfer, sell or otherwise dispose of points in violation or attempted subversion of these terms and conditions. Failure to follow this policy will result in automatic termination of the member’s account and forfeiture of any accumulated or earned Twin Spires Club points. Any other privileges associated with your Membership will also be revoked without exception.
EARNING POINTS.
AT COMPANY RACETRACKS. In order to earn TSC Program points, a member must present his or her TSC Card to a mutuel clerk prior to placing a pari-mutuel wager. Members can also earn points by wagering at self-service wagering terminals by correctly swiping the member’s TSC Card in the self-service terminal prior to placing a pari-mutuel wager. Members are responsible for confirming that all wagers are recognized as wagers with their TSC Card. Unacknowledged wagers will not earn TSC Program points under any circumstance.
Members earn two base points for every dollar wagered on races when using their Twin Spires Club Card. An additional two bonus points will be awarded for every dollar wagered on races conducted at Company-owned racetracks. As of the date of this version of the TSC Program terms and conditions, this includes Churchill Downs Race Track, Arlington Park Racecourse, Fair Grounds Race Course and Calder Race Course. The Company may offer promotions from time to time that may include awards of bonus points for certain wagers made through specified channels.
The Company, at its sole discretion, reserves the right to withhold any TSC program points and/or void any TSC program points previously granted for wagers associated with negative pools. A negative pool occurs when the portion of a pari-mutuel pool returned to bettors is insufficient to cover the required minimum payout of a wager. This shall include the withholding and/or voiding of points for the initial wager as well as any points awarded as the result of any applicable promotion and/or bonus program. Additionally, at the Company.s sole discretion, negative pool wagers will not count toward a member.s VIP status.
THROUGH TWINSPIRES.COM. TwinSpires.com customers are automatically enrolled into the TSC Program. For more information on TwinSpires.com account wagering, click here
Members earn two base points for every dollar wagered on races when using their TwinSpires.com account. An additional two bonus points will be awarded for every dollar wagered through TwinSpires.com on races conducted at Company-owned racetracks. As of the date of this version of the TSC Program terms and conditions, this includes Churchill Downs Race Track, Arlington Park Racecourse, Fair Grounds Race Course and Calder Race Course. The Company may offer promotions from time to time that may include awards of bonus points for certain wagers made through specified channels.
REDEEMING POINTS.
Members can redeem Twin Spires Club points by visiting any Twin Spires Club Service Center located inside any Company-owned facility. To redeem points, members must provide their valid Twin Spires Club card with valid photo identification and/or driver’s license. At any Twin Spires Club Service Center, members may redeem their points for wagering vouchers and/or Twin Spires Club merchandise.
Members may also redeem points by visiting www.twinspiresclub.com. In order to redeem points through the website, members must have their Twin Spires Club member number and personal four-digit pin number
Members can redeem points by visiting a Twin Spires Club kiosk inside any Company-owned property. In order to redeem points through a Twin Spires Club kiosk, TSC members must have their valid Twin Spires Club card and personal four-digit pin number. If a member does not have a Twin Spires Club Card, the member must visit the Twin Spires Club Service Center to receive a new TSC card. To obtain a new card, photo identification and/or driver’s license must be provided. At any Twin Spires Club kiosk, members may redeem their points for wagering vouchers and/or Twin Spires Club merchandise.
Members can redeem points through www.twinspires.com by visiting http://www.twinspires.com/content/tsc-rewards. To redeem points through this site, members must have their valid TwinSpires.com account and pin number as well as their Twin Spires Club account and pin number. If a member does not have their correct TS.com account or pin information, it can be obtained by contacting TwinSpires.com at 1-877-774-7371.
If a member does not have their correct Twin Spires Club account and pin number, the member must either visit a Twin Spires Club Service Center to obtain this information or request this information through www.twinspiresclub.com. To obtain this information through the website, members must provide specific Twin Spires Club account information.
Visit a Twin Spires Club Service Center or visit www.twinspiresclub.com for a current on-track prize list. All merchandise available while supplies last. All point redemptions for products are final. Refunds, exchanges and other issues are governed by the vendor’s terms and conditions applicable to the purchase and are not the responsibility of the Twin Spires Club.
MEMBERSHIP CANCELLATION, MODIFICATION, EXPIRATION AND TERMINATION.
You may cancel your membership at any time by notifying the Company via mail, email or telephone. Once a member has cancelled his/her account, all points and other privileges associated with your Membership shall be forfeited.
The Company reserves the right, in its sole discretion, to terminate or modify the TSC Program and the terms and conditions applicable to the TSC Program at any time without any notice or further obligation to members. The Company reserves the right at any time to terminate any member’s account for any reason. Upon termination or cancellation of an individual member’s account or the entire TSC program, all points and other privileges associated with your Membership shall be forfeited.
Failure to earn any TSC Program points within 12 consecutive months will result in the automatic expiration of any points earned prior to such calendar year. In addition, the Company reserves the right to terminate your Membership in such event.
CONTACT US. Members may contact us as follows:
Mailing address: Churchill Downs Incorporated
Attn: Twin Spires Club
700 Central Avenue
Louisville, KY 40208
Email address: twinspires@kyderby.com
Telephone #: 502-638-3878
GENERAL PROVISIONS.
PRIVACY: Information collected from you is used in accordance with the Company’s Privacy Policy, available at http://www.churchilldownsincorporated.com/our_company/privacy_policy.html. Your information may be shared with the Company’s promotional partners to the extent you expressly agree at the time that you become a member of the TSC Program and to the extent required for prize fulfillment or TSC Program point redemption purposes. By participating in the TSC Program, each member agrees to the use of his/her name, photograph, likeness, and/or city/state of residence by Company, or any party authorized by Company, for advertising and promotional purposes worldwide and in any and all media without additional notice or compensation, except where prohibited by law.
ACCURACY OF INFORMATION. Each member is responsible for ensuring the accuracy of his or her TSC Program account and is encouraged to check regularly his or her account balance. Each member is responsible for ensuring that the mailing address and other contact information associated with his or her TSC Program account is accurate and current. If a member believes that TSC Program points have not been credited to his or her account properly, he or she must contact the Company using one of the methods specified in these terms and conditions. The Company is not responsible for any incorrect or inaccurate information supplied by a member while participating in the TSC Program.
TSC PROGRAM ACTIVITY REPORTS. Other than statements routinely generated by the Company’s computer programs and software detailing the total number of TSC Program points in a member’s TSC Program account at periodic intervals, the Company shall not be obligated to provide detailed wagering history reports or any other reports to TSC Program members or their agents or representatives. The Company expressly disclaims any warranty that wagering data collected through participation in the TSC Program represents a complete or accurate record of all wagers placed by any TSC Program member.
NO PROPERTY RIGHT IN TSC PROGRAM POINTS. TSC Program points do not constitute property of a member and may be revoked at any time by the Company as set forth herein. Points may not be transferred or assigned, and are not transferable upon death, as part of a domestic relations matter or otherwise by operation of law.
LOST OR STOLEN TSC CARDS. The Company, including all of its racetracks and subsidiaries and their respective officers, directors and employees are in no way responsible for the misuse of lost or stolen cards. Lost or stolen cards should be reported to any Twin Spires Club location immediately.
RELEASE FROM LIABILITY. By participating in the TSC Program, you agree that neither the Company nor any of its subsidiaries or affiliated companies (including their respective officers, directors and employees) will be responsible for any loss, injury or damage of any kind incurred by you or anyone else in connection with (i) your participation in the TSC Program or in any TSC Program related activity, (ii) any product or service obtained by you in connection with your participation in the TSC Program or (iii) your redemption or use of TSC Program points issued in connection the TSC Program. Further, you agree that Company has not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to anything for which TSC Program points may be redeemed and specifically disclaims all such warranties, including without limitation, the implied warranties of merchantability and fitness for a particular purpose.
The Company is not responsible for incorrect or inaccurate information, for problems related to any of the equipment or programming associated with the TSC Program or utilized by any member, for any human error, for any interruption, deletion, omission, defect or line failure of any telephone network or electronic transmission, for problems related to computer equipment, software, or for any other technical or non-technical error or malfunction.
ACCEPTANCE OF TERMS AND CONDITIONS. By participating in the TSC Program, each entrant unconditionally accepts and agrees to comply with and abide by these terms and conditions and the decisions of the Company, which shall be final and binding in all respects. If any provisions of these terms and conditions are determined to be invalid or unenforceable, these terms and conditions shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or unenforceable provision were not contained herein. These terms and conditions constitute the entire agreement between TSC Program participants and the Company pertaining to the subject matter hereof and supersedes all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of these terms and conditions shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall any waiver constitute a continuing waiver unless otherwise expressly provided.
TAXES. All taxes (and the reporting consequences thereof) and any other fees or costs associated with TSC Program points or for anything for which TSC Program points may be redeemed are the sole responsibility of each member.
GOVERNING LAW AND JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE TERMS AND CONDITIONS OR THE RIGHTS AND OBLIGATIONS OF PARTICIPANTS IN THE TSC PROGRAM OR COMPANY IN CONNECTION WITH THE TSC PROGRAM OR ANY MERCHANDISE OFFERED THROUGH THE TSC PROGRAM SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE COMMONWEALTH OF KENTUCKY WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS. As a condition of participating in the TSC Program, each participant agrees that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with the TSC Program or any merchandise offered through the TSC Program shall be resolved individually, without resort to any form of class action, exclusively before a court located in Jefferson County, Kentucky, having jurisdiction. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for and hereby waives all rights to claim punitive; incidental; or consequential damages, including reasonable attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e., costs associated with becoming a member of the TSC Program), and participant further waives all rights to have damages multiplied or increased.
