TERMS AND CONDITIONS

The TVG Rewards Program (the “Rewards Program”) is provided by the TVG Network (“TVG”). A Rewards Program member (“Member”) will have the opportunity to earn Rewards Points by utilizing Member’s TVG wagering account to place wagers on races run at selected racetracks via TVG’s Internet web site located at the Internet address TVG.com (the “TVG Website”), via telephone using TVG’s Telephone wagering system at 1-888-TVG-WAGER (888-884-9243) (the “Telephone Wagering System”) and, where available, via TVG’s interactive television wagering system (the “iTV Wagering System”). Rewards Points may be redeemed for wagering credits or gift certificates good for purchases from SkyMall or other TVG Rewards Program Partners. Membership in the Rewards Program is subject to all of the terms and conditions set forth below, which may be amended by TVG from time to time. TVG reserves the right at any time, without notice, to add, remove, and/or change or otherwise modify any feature of the Rewards Program and/or these Terms and Conditions. In addition, TVG reserves the right to terminate the Rewards Program at any time, without prior notice. In the event of such termination by TVG, Member shall have sixty days from the date of notification of termination of the Rewards Program to redeem previously awarded Reward Points in accordance with the provisions set forth below.

ELIGIBILITY

Membership in the Rewards Program is available only to persons holding an existing and valid TVG wagering account. To be eligible for membership, the holder of a TVG wagering account must have a valid email address. To become a Member of the Rewards Program, the holder of a TVG wagering account is required to access the Internet website located at the Internet address [www.TVG.com/Rewards] (the “TVG Rewards Web Page”) enter his or her TVG wagering account number and personal identification number (“PIN”) and press the “Enroll” icon located on the screen. Member will be eligible to begin earning Rewards Points upon TVG issuing a confirmation that Member has been enrolled in the Rewards Program. No retroactive Rewards Points will be awarded. Membership in the Rewards Program is subject to the Member’s continued status as a holder in good standing of a TVG wagering account and continued compliance in all respects to these Terms and Conditions as well as all of the Terms and Conditions applicable to Member’s TVG wagering account. Any violation by Member of these Terms and Conditions or of the Terms and Conditions applicable to Member’s TVG wagering account may result in termination of Member’s membership in the Rewards Program and cancellation of any accumulated and unused Rewards Points.

EARNING REWARDS POINTS

1. Following Member's enrollment in the Rewards Program, One Rewards Point will accrue for each whole dollar wagered by Member through the TVG Website, Telephone Wagering System or any method. One Rewards Point will be issued for each dollar wagered irrespective of the type of wager made by Member (for example, Win, Place, Show, Exacta, Daily Double, etc.). All wagers, including wagers placed by telephone or any TVG wagering method will count towards the calculation or awarding of Rewards Points. Rewards Points will not be awarded nor accrued with respect to any wagering transaction unless TVG issues a confirmation that the wager has been accepted.

2. Rewards Points automatically will be awarded when Member’s wagers are confirmed as accepted by TVG. Member’s account will be updated once every 24 hours to reflect any Rewards Points awarded during the preceding 24-hour period. Members may view the balance of Rewards Points they have earned by accessing the TVG Rewards Website or calling TVG’s Customer Relations Center at 1-888 PLAY TVG.

3. From time to time, special offers may provide additional opportunities to earn Rewards Points. Details will be provided when each such offer is made.

4. Rewards Points will not be awarded or accrued with respect to any wagering transaction for races conducted at Monticello Raceway, Yonkers Raceway or Saratoga Equine Sports Center .

REDEEMING REWARDS POINTS

1. For every increment of 2,500 Rewards Points earned by a Member, the Member shall be entitled to receive a wagering credit in the amount of $5 or, for every increment of 5,000 Rewards Points, the Member shall be entitled to receive a credit in the amount of $10 that may be used toward the purchase of gift certificates from SkyMall. Thus, for example, if Member had accrued 10,000 Rewards Points, Member could redeem those Rewards Points for a wagering credit to Member’s TVG wagering account in the amount of $20, which may be used by Member to wager on races carried by TVG in the same manner as if the amount had been deposited in cash by Member into the Member’s wagering account; or Member could redeem those Reward Points to obtain a gift certificate in the amount of $20 from SkyMall. Member also may redeem those Reward Points in any combination of wagering credits and gift certificates equal to or less than the redemption value of the available Rewards Points. Notwithstanding anything to the contrary contained in these Terms and Conditions, requests to redeem rewards Points for a wagering credit in an amount of less than $5 or gift certificate in an amount of less than $10 will not be honored.

2. Reward Points have no cash value and may not be combined with any other offer, discount, coupon or promotion.

3. Rewards Points may be redeemed by Member by visiting the TVG Rewards Website or calling TVG’s Customer Relations Center at 1-888 PLAY TVG. Upon verification of Member’s redemption request, TVG will deduct the appropriate number of Rewards Points from Member’s total Rewards Points earnings and will email to Member a notice that the requested wagering credit has been issued to Member’s wagering account or will mail or e-mail to Member the requested SkyMall gift certificate. Wagering credits will be issued and available for use one (1) business day following Member’s request for redemption; please allow five (5) to seven (7) business days for receipt of gift certificates by mail or one (1) business day for receipt of gift certificates by e-mail.

4. Use of wagering credits shall be subject to all of the terms and conditions applicable to wagering transactions with TVG. Use of gift certificates shall be subject to any terms and conditions that otherwise may be applicable to gift certificates issued by or purchased from SkyMall.

5. Gift certificates are not refundable, exchangeable or replaceable and may not be redeemed for cash, credit or other consideration. Purchases using the gift certificates must be equal to or greater than the amount of the gift certificate, and cash will not be issued for any unredeemed portion of a gift certificate. Lost or stolen gift certificates will not be replaced.

6. TVG makes no representations concerning, and shall not be responsible for, the methods, timing or costs of delivery, price, availability, quality, manner of performance or any other attribute of any product or service ordered or purchased by Member with a gift certificate. Any product or service available through the Rewards Program or with the use of a gift certificate issued in connection with the Rewards Program are the sole obligation of the provider of the applicable product or service.

7. Any gift certificate that is not used within twelve months of the date the certificate is issued shall expire and be void and shall not be redeemable for products, services or any other consideration.

INACTIVITY

If, at any time, thirteen months have elapsed during which time (i) there are accumulated and unused Rewards Points in Member’s account (ii) and no wagers have been made by the Member through the Member’s TVG wagering account, then all of Member’s accumulated and unused Rewards Points shall expire without value and may not be redeemed.

GENERAL PROVISIONS

1. If Member’s TVG wagering account is terminated or suspended for any reason whatsoever, all accrued Rewards Points immediately will be forfeited and expire without value.

2. Rewards Points do not constitute property of Member and may not be transferred, sold, bartered, brokered or assigned either by Member, operation of law or otherwise, including but not limited to in connection with any domestic relations dispute or legal proceeding.

3. The earning and redemption of Rewards Points are subject to all applicable laws and regulations and the Rewards Program is void where prohibited by law.

4. Rewards Points and the redemption thereof may be subject to income or other taxes. The determination of tax liability for any federal, state or local taxes as may be applicable, and any disclosure related thereto or payment thereof shall be the sole responsibility of Member.

5. By participating in the Rewards Program, Member consents to and authorizes TVG to share information about Member as necessary to administer the Rewards Program. In addition, Member consents to and authorizes TVG and its parents, affiliates and marketing partners to inform Member, via email or otherwise, of special offers, products or services and to send marketing materials from third parties with whom TVG has a marketing relationship.

6. All interpretations of these Terms and Conditions as well as questions or disputes regarding eligibility for the Rewards Program or the availability of or entitlement to any Rewards Points shall be resolved by TVG in its sole discretion.

7. These Terms and Conditions shall be construed in accordance with the laws of the State of California without reference to the conflicts of laws provisions thereof. These Terms and Conditions constitute the entire understanding between TVG and Member with respect to the Rewards Program, and supercede all prior communications, whether written or oral, and all previous versions of terms and conditions applicable to the Rewards Program.

8. AS A CONDITION OF PARTICIPATING IN THE REWARDS PROGRAM, MEMBER AGREES THAT ANY AND ALL CLAIMS, CAUSES OF ACTION OR DISPUTES ARISING OUT OF OR CONNECTED TO THE REWARDS PROGRAM, TO THE EXTENT THE SAME IS NOT WITHIN TVG’S SOLE DISCRETION AS PROVIDED FOR UNDER THESE TERMS AND CONDITIONS, SHALL BE RESOLVED EXCLUSIVELY BY PRIVATE BINDING ARBITRATION TO BE CONDUCTED BEFORE A SINGLE ARBITRATOR PURSUANT TO THE COMMERCIAL RULES THEN IN EFFECT OF THE AMERICAN ARBITRATION ASOCIATION IN THE CITY OF LOS ANGELES, CALIFORNIA.

DISCLAIMER AND LIMITATIONS

1. Neither TVG, nor its parents, subsidiaries or affiliated companies will be responsible for any loss, injury or damage of any kind incurred by Member or anyone else in connection with Member’s participation in the Rewards Program or any product or service obtained by Member in connection with Member’s participation in the Rewards Program or redemption or use of Rewards Points or gift certificates issued in connection therewith.

2. THE REWARDS PROGRAM IS OFFERED “AS IS” AND “AS AVAILABLE.” TVG MAKES NO WARRANTIES WITH RESPECT TO THE REWARDS PROGRAM AND TVG HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THE REWARDS PROGRAM INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TVG SHALL NOT BE LIABLE TO ANY MEMBER OR OTHER PERSON FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, STATUTORY RIGHTS OR ANY OTHER BASIS ARISING OUT OF, OR CONNECTED WITH, THE REWARDS PROGRAM, EVEN IF TVG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES WERE FORESEEABLE. IN THE EVENT ANY OF THE FOREGOING LIMITATIONS OF LIABILITY ARE VOID OR NOT EFFECTIVE, MEMBER AGREES THAT THE TOTAL LIABILITY OF TVG SHALL IN NO CASE EXCEED $25.

3. Member hereby waives all rights under Section 1542 of the Civil Code of California, which specifies that: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."