THE KENTUCKY DERBY
138th running of THE KENTUCKY DERBY®
$2,000,000 GUARANTEED MINIMUM GROSS (GRADE I)
To Be Run Saturday, May 5, 2012
One Mile and a Quarter
For three-year-olds, with an entry fee of $25,000 each and a starting fee of $25,000 each. A minimum $500 jockey mount fee will apply to starters that finish beyond third place. Supplemental nominations may be made upon payment of $200,000 and in accordance with the rules set forth herein. All fees, including supplemental nominations, in excess of $900,000 in the aggregate shall be paid to the winner. Churchill Downs Incorporated (“CDI”) shall guarantee a minimum gross purse of $2,000,000 (the “Guaranteed Purse”). The winner shall receive $1,240,000, second place shall receive $400,000, third place shall receive $200,000, fourth place shall receive $100,000 and fifth place shall receive $60,000 from the Guaranteed Purse (the Guaranteed Purse to each place to be divided equally in the event of a dead heat). Starters shall be named through the entry box on Wednesday, May 2, 2012, at 10:00 am Eastern Daylight Time (the “Closing”). CDI, in its sole and absolute discretion, may set the number of starters up to a maximum of twenty (20) and the number of horses that are also-eligible to start up to a maximum of four (4). Colts and Geldings shall each carry a weight of one hundred twenty six (126) pounds; Fillies shall each carry one hundred twenty one (121) pounds. Supplemental Nominees will be allowed to enter but will not have preference over any Original Nominee and will not be allowed to start the Race if the maximum number of starters has otherwise been reached by Original Nominees prior to the Closing. If the number of nominees exceeds the number of available starting positions and also-eligible positions set by CDI (the “Number of Starting and AE Positions”) at the Closing, these conditions shall be applied to determine which nominees will be allowed to start and which nominees will be designated as also-eligible to start. In the event that more than the Number of Starting and AE Positions pass through the entry box at the Closing, the starters and also-eligible horses shall be determined at the Closing from Original Nominees first, then Supplemental Nominees if starting and/or also-eligible positions are still available, with preference given to those horses that have accumulated the highest earnings in Graded Stakes races, including all monies actually paid for performance in such Graded Stakes races. For purposes of this preference, the Graded status of each race shall be the Graded (or Group) status assigned to the race by the International Cataloguing Standards Committee in Part I of the International Cataloguing Standards as published by The Jockey Club Information Systems, Inc. each year. Notwithstanding the foregoing, CDI may, at its sole discretion, allocate one or more starting and/or also-eligible positions or otherwise give preference to winners of a designated race or races provided, however, that any such designated race or races may not include restrictive provisions relative to which a horse may enter such race or races, other than by sex or age. Should additional horses be needed to bring the field to the Number of Starting and AE Positions, the remaining starters and also-eligible horses shall be determined at the Closing with preference given to those horses that have accumulated the highest earnings in non-restricted sweepstakes. For purposes of this preference, a “non-restricted sweepstakes” shall mean those sweepstakes whose conditions contain no restrictions other than that of age or sex. In the case of ties resulting from preferences or otherwise, the additional starter(s) and/or also-eligible horses shall be determined by lot. Any horse excluded from running because of the aforementioned preference(s) shall be refunded the $25,000 entry fee and the $200,000 supplemental fee, if applicable. After the Closing, CDI shall designate in order of preference the nominees that are also-eligible to start in accordance with these conditions (“Also Eligible Horses”). If a starter is scratched from the Kentucky Derby before 9:00 a.m. (Louisville, KY time) on Friday, May 4, 2012 (“Scratch Deadline”), then the Also Eligible Horse with the highest preference (if any) as determined by these conditions shall become a starter. All starters and Also Eligible Horses must be stabled at Churchill Downs by Thursday, May 3, 2012. Post positions shall be determined by a nontransferable lot number being drawn for each horse named as a starter at the Closing. The lot number drawn for each starter shall determine the post position of such starter. Horses having common ties through ownership or training shall each be treated separately for purposes of determining post position. In the event of one or more scratches after the determination of post positions and prior to the Scratch Deadline, then (i) starters with post positions higher than the post position of the scratched starter will be moved to the next lowest empty post position (i.e., toward the inside rail of the race track) and (ii) the Also Eligible Horse that becomes a starter (if any) will receive the lowest post position available after the post positions of the other starters have been moved as provided above. In the event of one or more scratches after the Scratch Deadline, no Also Eligible Horses will be permitted to start and the post positions shall be moved, without changing the order of the starters, as determined by the stewards and CDI to be in the best interests of the safety of the race participants. Post positions shall be moved for each scratch that occurs so that there are no empty post positions in-between horses at the start of the Kentucky Derby. Detailed rules governing the post position draw process are available from the Racing Secretary’s office and will be distributed prior to the Closing. These rules shall control. The owner of the winner of the Race shall receive a gold trophy.