TERMS & CONDITIONS

BY CHURCHILL DOWNS INCORPORATED

ELIGIBILITY

The Club Calder Rewards program (the “CC Program”) is a free membership program sponsored by Churchill Downs Incorporated (“the Company”). Membership in the CC Program (“Membership”) is open to legal residents of the 50 United States and the District of Columbia and approved foreign countries who are 21 years of age or older, 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). By joining the CC Program you represent that you agree to the terms and conditions of the CC Program. Photo identification and/or drivers license may be required at the time of enrollment into the CC Program as well as the time that any CC Program points are redeemed.

MEMBERSHIP

Your Membership is valid only at Calder Casino. Your Membership is nontransferable and is subject to current and future CC Program rules. One membership per person. Members may not combine points earned by other members in any CC 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 Club Calder Rewards points. Any other privileges associated with your Membership will also be revoked without exception.

REDEEMING POINTS

Members can redeem Club Calder Rewards points by visiting the Club Calder Player’s Club, a Promo Kiosk or at a slot machine. To redeem points, members must provide their valid Club Calder Rewards card with valid photo identification and/or driver’s license.

MEMBERSHIP CANCELLATION, MODIFICATION, EXPIRATION, AND TERMINATION

You may cancel your membership at any time by notifying the Company via mail, email or telephone. Verification will be required. 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 CC Program and the terms and conditions applicable to the CC 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 CC program, all points and other privileges associated with your Membership shall be forfeited. Failure to earn any CC 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.

PRIVACY

Information collected from you is used in accordance with the Company’s Privacy Policy, available here: Privacy Policy. Your information may be shared with the Company’s promotional partners to the extent required for prize fulfillment or CC Program point redemption purposes. By participating in the CC 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 CC 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 CC Program account is accurate and current. If a member believes that CC Program points have not been credited to his or her account properly, he or she must contact the Company. The Company is not responsible for any incorrect or inaccurate information supplied by a member while participating in the CC Program.

NO PROPERTY RIGHT IN CLUB CALDER PROGRAM POINTS

CC 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 CLUB CALDER 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 Club Calder Rewards location immediately.

RELEASE FROM LIABILITY

By participating in the CC 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 CC Program or in any CC Program related activity, (ii) any product or service obtained by you in connection with your participation in the CC Program or (iii) your redemption or use of CC Program points issued in connection the CC 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 CC 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 CC 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 CC 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 CC 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 CC Program points or for anything for which CC Program points may be redeemed are the sole responsibility of each member.