Official Rules, Regulations and Terms of Use

MadRock Duck Derby #3 - 10.06.2018

1. The MadRock Duck Derby benefits the Berea Chamber of Commerce, a not-for-profit organization under Section 501(c)(6) of the Internal Revenue Code, and the City of Livingston, KY in their respective community projects. The following is a summary of official rules. Copies of the complete Rules and Regulations, a list of prizes and, after the event, a list of prize winners can be obtained from the Berea Chamber of Commerce by sending a written request and a self-addressed stamped envelope to: MadRock Duck Derby, c/o Berea Chamber of Commerce, 424B Chestnut Street, Berea, KY 40403.

2. All ducks for the MadRock Duck Derby will be launched into the Rockcastle River in Livingston, KY on October 6th, 2018 at approximately 3:00p.m. The race course will be established by the Berea Chamber of Commerce and the City of Livingston, KY. The Berea Chamber of Commerce and the City of Livingston, KY reserve the right to postpone or reschedule the race, or to determine a winner for first, second, third, fourth, and fifth place by random drawing, in the event of inclement weather, acts of God, or other circumstances beyond their reasonable control.

3. No one will be authorized to enter or remain within the MadRock Duck Derby race boundaries, except designated event personnel, whose role is to monitor the raceway for unauthorized access. Once the ducks are launched, there will be no attempts by unauthorized personnel to free or interfere with any duck while the duck race is in progress.

4. Each adoption (paper or online) form must be completely filled out and delivered to the Berea Chamber of Commerce (424B Chestnut Street, Berea, KY 40403), City of Livingston (9226 Main Street, Suite B, Livingston, KY 40445), or mailed to the Berea Chamber of Commerce (424B Chestnut Street, Berea, KY 40403), and actually received in-hand by authorized event coordinators, prior to the launch of the race, or before the limited number of 5,000 ducks are adopted, for an entry to be eligible to win any prize. All entry forms with payment, received after the start of the race, will be considered a donation to the event, and will be divided between the Berea Chamber of Commerce and the City of Livingston, KY. Unpaid entry forms will be considered null and void and ineligible for entry. Entrants assume the risk of non-delivery of any mailed entries.

5. A minimum of 2,000 ducks will be sold and adopted to be entered into the race, with the 2018 goal to reach 5,000 ducks sold and adopted for the race. Chances of winning depend on the total number of qualified entries received. A race number will be affixed to each duck, which correlates to the order number and quantity of ducks per order. Race numbers assigned to each duck will be assigned via an official event adoption transaction cumulative spreadsheet tracking program maintained by an authorized event coordinator(s). The official order number will be assigned to each adoptee at the time of the transaction of an official adoption, and after payment has been made. Prizes will be awarded to the person whose name appears on the official adoption transaction spreadsheet program and corresponds to the qualifying order in which the duck crosses the finish line.

6. Prize winners will be announced following the race. Winners do not need to be present in order to win. If the winner does not claim his/her prize from the Berea Chamber of Commerce or City of Livingston within 60 days after the race date, the winner will forfeit their prize, and the prize will be divided between the Berea Chamber of Commerce and the City of Livingston.

7. Free entries defeat the not-for-profit fundraising purpose of this event, and are not encouraged. However, one free entry per person may be obtained by presenting a written request on a 3 x 5 index card to the Berea Chamber of Commerce, 424B Chestnut Street, Berea, KY 40403. A business size, self-addressed stamped envelope must be included with the request for the request to be honored and valid. A request must be made no later than 3:00 p.m. EST on Friday, September 21st, 2018. Any requests for free entries will not be honored if it is received after September 21st, 2018, or after 2,000 ducks have been sold.

8. By adopting a duck(s), winners consent to the promotional use of their name and likenesses by the Berea Chamber of Commerce and the City of Livingston, KY, and its designees, without compensation.

9. Entries (adoptions) are non-refundable, and non-transferrable.

10. Qualified duck adoptions (entries) will be entered for a chance to win a $25,000 payout award, ONLY if received on or before Saturday October 6th, 2018 at 2:30pm Eastern Time. Awarding of this prize is determined by a random drawing of duck adoption numbers prior to the start of the official race time. This number is pre-selected by the prize payout provider, and this prize will only be awarded if the corresponding entry number matches the number on a duck which crosses the finish line in first through fifth place on the day of the event.

11. For a Rockcastle County Elementary School, or a Madison County Elementary School, to qualify to win the “Free Chicken for a Day” prize, courtesy of Lee’s Chicken in Berea, KY, they must have earned the highest number of adoption votes through the MadRock Duck Derby website adoption transactions.

12. (1) First Place Prize will be awarded as $1,000 in cash, (1) Second Place Prize will be awarded as $500 in cash, (1) Third Place Prize will be awarded as $300 in cash, (1) Fourth Place Prize will be awarded as $200 in cash, and (1) Fifth Place Prize will be awarded as $100 in cash. All qualified duck adoptions are eligible to win First through Fifth Place prizes, determined by finish line order.

13. All local, state, and federal taxes, and additional fees are the sole responsibility of the winner.

14. If a minor wins the $25,000 payout prize, the transfer of the prize will be made in the presence of a conservator for the minor, or a legal custodian, who must accompany the minor to claim the prize.

15. Participation on the planning committee for the MadRock Duck Derby does not exclude those individuals, or their family members, from participating in this event.

16. Prizes will not be awarded to entries for which the Berea Chamber of Commerce, or City of Livingston, has received a check from an account that is deemed to have “insufficient funds,” or from a credit card that is deemed as “declined,” “invalid,” or “stolen.”

17. The MadRock Duck Derby and its logo are trademarks owned by the Berea Chamber of Commerce, and Dedicated Web Design. No other individual, or entity, is authorized to copy or otherwise use the MadRock logo, the MadRock trademark, or the name “MadRock Duck Derby” without the express written consent of the Berea Chamber of Commerce and Dedicated Web Design. For more information, please call (859) 986-9760, or visit www.BereaChamber.com

AGREEMENT BETWEEN USER AND MadRock Duck Derby
The MadRock Duck Derby Web Site is comprised of various Web pages operated by MadRock Duck Derby.

The MadRock Duck Derby Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the MadRock Duck Derby Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE
MadRock Duck Derbye reserves the right to change the terms, conditions, and notices under which the MadRock Duck Derby Web Site is offered, including but not limited to the charges associated with the use of the MadRock Duck Derby Web Site.

LINKS TO THIRD PARTY SITES
The MadRock Duck Derby Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of MadRock Duck Derby and MadRock Duck Derby is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. MadRock Duck Derby is not responsible for webcasting or any other form of transmission received from any Linked Site. MadRock Duck Derby is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MadRock Duck Derby of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the MadRock Duck Derby Web Site, you warrant to MadRock Duck Derby that you will not use the MadRock Duck Derby Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the MadRock Duck Derby Web Site in any manner which could damage, disable, overburden, or impair the MadRock Duck Derby Web Site or interfere with any other party’s use and enjoyment of the MadRock Duck Derby Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the MadRock Duck Derby Web Sites.

USE OF COMMUNICATION SERVICES
The MadRock Duck Derby Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

MadRock Duck Derby has no obligation to monitor the Communication Services. However, MadRock Duck Derby reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. MadRock Duck Derby reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

MadRock Duck Derby reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in MadRock Duck Derby’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. MadRock Duck Derby does not control or endorse the content, messages or information found in any Communication Service and, therefore, MadRock Duck Derby specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized MadRock Duck Derby spokespersons, and their views do not necessarily reflect those of MadRock Duck Derby.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO MadRock Duck Derby OR POSTED AT ANY MadRock Duck Derby WEB SITE
MadRock Duck Derby does not claim ownership of the materials you provide to MadRock Duck Derby (including feedback and suggestions) or post, upload, input or submit to any MadRock Duck Derby Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting MadRock Duck Derby, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. MadRock Duck Derby is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in MadRock Duck Derby’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE MadRock Duck Derby WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MadRock Duck Derby AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MadRock Duck Derby WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE MadRock Duck Derby WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

MadRock Duck Derby AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE MadRock Duck Derby WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. MadRock Duck Derby AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MadRock Duck Derby AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE MadRock Duck Derby WEB SITE, WITH THE DELAY OR INABILITY TO USE THE MadRock Duck Derby WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE MadRock Duck Derby WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE MadRock Duck Derby WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MadRock Duck Derby OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MadRock Duck Derby WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MadRock Duck Derby WEB SITE.

SERVICE CONTACT : info@madrockduckderby.com

TERMINATION/ACCESS RESTRICTION
MadRock Duck Derby reserves the right, in its sole discretion, to terminate your access to the MadRock Duck Derby Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes arising out of or relating to the use of the MadRock Duck Derby Web Site. Use of the MadRock Duck Derby Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and MadRock Duck Derby as a result of this agreement or use of the MadRock Duck Derby Web Site. MadRock Duck Derby’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of MadRock Duck Derby’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the MadRock Duck Derby Web Site or information provided to or gathered by MadRock Duck Derby with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and MadRock Duck Derby with respect to the MadRock Duck Derby Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and MadRock Duck Derby with respect to the MadRock Duck Derby Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:
All contents of the MadRock Duck Derby Web Site are: Copyright by Dedicated Web Design and/or its suppliers. All rights reserved.

TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.