Terms & Conditions
Kosciuszko Trade Incentive ("Conditions of Entry")

Promotion:

Kosciuszko Trade Incentive

Promoter:

Tabcorp Holdings Limited ABN 66 063 780 709, 727 Collins Street, Melbourne, VIC 3008, Australia. Ph: 03 9246 6010

Promotional Period:

Start date: 01/07/22 at 09:00 am AEST

End date: 07/09/22 at 11:59 pm AEST

Eligible Participants:

• An “Eligible Venue” is a TAB Agency or TAB licensed venue partner located within NSW.
• Other than the Eligible Entrants the directors, officers and employees of the Promoter and its related bodies corporate and their immediate families and any of the Promoter’s contractors associated with this Promotion and their immediate families are not eligible to participate in this Promotion.
• If a person is identified as:
  • an excluded person for any reason (as reasonably determined by the Promoter in the circumstances); OR
  • a person who is suspended from working with (or who ceases to work with) the Eligible Venue,
  • during the Promotional Period, the Promoter reserves the right to remove the person from (and refuse to allow the person to take part in) the Promotion, or to receive, any or all aspects of the Prize, and the Promoter will notify any relevant regulator accordingly where required by law to do so.

How to Register:

To register for the Promotion, one (1) member of an Eligible Venue (on behalf of the Eligible Venue), must complete the following steps during the Promotional Period:

• visit https://tabcorp.mcxplatform.com.au/surveys/45JVD4/, follow the prompts to the Promotion registration page and input all requested details; and
• submit the fully completed registration form.

Any person who completes the registration form on behalf of their Eligible Venue must obtain prior consent from the owner/manager of the Eligible Venue.

Entries permitted:

There is a limit of one (1) registration permitted per Eligible Venue.

How winners are determined:

• The top fourteen (14) Eligible Venues with the greatest number of tickets sold via terminal and EBT sales (excluding app sales) between 01/07/22 and 07/09/22, will be given the opportunity to select a saddle cloth number in the Kosciuszko 2022 race taking place on 15/10/22 at Royal Randwick Racecourse, Sydney (“Finalist Venues”).
• The Finalist Venues will be notified on 08/09/22 via phone and email.
• The Finalist Venue with the highest number of tickets sold will receive the first chance to select a saddle cloth number (in a race nominated by the Promoter). The Finalist Venue with the second highest number of tickets sold will receive the second chance to select a saddle cloth number. This process will go on until the last (14^th) Finalist Venue selects a saddle cloth number. For the sake of clarity, there will only be 1 saddle cloth number allocated per Finalist Venue (i.e. once a Finalist Venue selects a particular saddle cloth number, no other Finalist Venue can select that saddle cloth number).
• The selection of saddle cloth numbers will take place through a Microsoft Teams Meeting on 20/09/22 (“Meeting”). The full details of the Meeting will be determined by the Promoter and communicated to each Finalist Venue. A representative from each Finalist Venue will be required to attend the Meeting in order to take part in the selection event. In the case that a representative from a Finalist Venue is not available to attend the Meeting, the Finalist Venue can nominate their WSE to act on their behalf.
• In the event of a tie between two (2) or more Finalist Venues, then the Finalist Venue with the highest percentage growth from during the Promotional Period will receive the first chance to select a saddle cloth number.
• Prizes will be allocated to Finalist Venues based on the outcome of the Kosciuszko race. If a Finalist Venue’s selected saddle cloth number places 1^st to 7^th in the Kosciuszko race, they will win the corresponding prize outlined below:

• In the case that a Finalist Venue’s horse is scratched, the drawer of that number then has the emergency runner as their entry.
• In the case that no Finalist Venue selects a horse that runs in any of the above places, no prize shall be awarded for that place.

In the event that the Kosciuszko race does not go ahead as intended, the Promoter reserves the right to select another race or event (and require Finalist Venues to select a horse in that race or event).

Prize Conditions:

The prize will be awarded to the owner/manager of the Finalist Venue.

Any ancillary costs associated with redeeming the gift card are not included. Any unused balance of the gift card will not be awarded as cash. Redemption of the gift card is subject to any terms and conditions of the issuer including those specified on the gift card.

Total Prize Pool:

AUD$53,500

General Terms and Conditions

Authorised under: NSW Authority No. GOCLP/1040.

Any person entering this promotion, (“you”) acknowledge and agree that you have read these Conditions of Entry and that by entering the Promotion you are deemed to have accepted these Conditions of Entry.

• Taxes
  1. Any taxes which may be payable as a consequence of a winner receiving a prize are the sole responsibility of the winner. The Promoter encourages the winner to seek independent financial and tax advice.
• Exclusion of Liability
  • Whilst the Promoter will use all reasonable endeavours to arrange the delivery of a prize, by entering this Promotion, a winner acknowledges that circumstances beyond the control of the Promoter may prevent the delivery of the prize (including the failure by the winner to notify the Promoter of any change to their delivery details). In such circumstances where the Promoter forms a reasonable belief that any delay or loss of the prize has not been caused or contributed by the winner’s negligence, fraud or misconduct, the Promoter may (if circumstances permit) re-deliver the prize to the winner.
  • To the extent permitted by law, the Promoter is not liable for any loss, including, but not limited to, direct, consequential (including economic) or indirect loss or any loss of profits, by reason of any act or omission, deliberate or negligent, by the Promoter or their servants or agents, in connection with this Promotion or the arrangement for supply, or the supply or failure to supply, of any goods or services by any person to a winner.
  • Nothing in these Terms and Conditions affect, nor is intended to affect, any rights that you might have that are not able to be excluded under applicable Australian consumer protection laws.
• Use of Personal Information / Marketing
  • The Promoter complies with the Australian Privacy Principles contained in the Privacy Act 1988 (Cth).
  • Any entries become the property of the Promoter. Any information provided will be used by the Promoter for the purpose of conducting this Promotion.
  • The Promoter may disclose your personal information to its contractors and agents to assist in conducting this Promotion or communicating with you.
  • By entering the Promotion, you consent to your personal information being collected, used and disclosed by the Promoter, its agents, affiliates, related business companies, other companies associated with this Promotion, and business partners for any promotional activities, including by using your entry (or part thereof) in social media posts, your personal participation in reasonable promotional activities as requested by the Promoter, and any marketing and publicity purposes without any further reference, payment or other compensation to you.
  • If you opt-in to receiving marketing communications at the time of entering this Promotion, you authorise the Promoter, its agents, affiliates, related business companies, other companies associated with this Promotion and business partners to send you future direct mail and/or electronic messages including but not limited to, SMS, MMS, and email regarding any promotional, marketing and publicity activities.
  • You consent to the notification of your personal information to any relevant regulator or state or territory department where required by law to do so. Your personal information may be disclosed to State and Territory lottery departments and winner’s names published as required under the relevant lottery legislation. The Promoter will use reasonable endeavours to provide you reasonable prior notice where their personal information is going to be disclosed to State and Territory lottery departments or published under lottery legislation. A request to access, update or correct any personal information should be directed to the Promoter.
  • You consent to the publication of your name and suburb of residence (however their full address will not be published) and agree to participate in reasonable Promotion activities as requested by the Promoter without any further payment or compensation.
  • You understand and accept the Promoter’s Privacy Policy located on the Promoter’s website, www.tab.com.au.
• Consent to public use of content for media and promotional purposes
  • By entering this Promotion, you consent to the Promoter, its employees, agents and its related entities using your entry (or part thereof) or taking, recreating, re-enacting and using (or permitting authorised third parties to use) writings (including stories) images (photographs or video) and/or sound recordings you have provided or the Promoter has obtained or produced and to reference your first name (the Content) in any public media (including social media), radio, television, internet or print, or in a Promoter publication, without any restriction on use (time, geographic, number of times of use, or otherwise).
  • You understand and acknowledge that such Content may contain your personal information and that the intended use of such Content is for the Promoter’s advertising, marketing or promotional purposes, and without expectation of compensation or other benefit to you.
  • You waive the right to or interest in the Content disclosed to the public, as contemplated in this release, and to the extent that any benefit accrues to the Promoter from the use of the Content, you forever waive any interest in or claim to such benefits.
  • You release and forever discharge the Promoter (including without limitation all of its officers, employees, contractors and agents) from any and all claims, liability, actions, suits, demands, costs, expenses or indebtedness arising out of, related to, or in any way connected with the use of the Content, and waive all rights and interest in and to such materials.
• General
  • The Promoter, its employees, officers, agents and its parent companies and subsidiaries are not responsible for and shall not be liable for:
    • any condition caused by events beyond the control of the Promoter that may cause the Promotion to be disrupted or corrupted;
    • any injuries, losses (including, without limitation, loss of profits), or damages of any kind caused by the Prize or resulting from acceptance, possession, use, or misuse of a prize, or from participation in the Promotion or downloading material from tabrewards.com.au or tab.com.au or TAB App; or
    • any printing or typographical errors in any materials associated with the Promotion.
  • The Promoter reserves the right to
    • conduct a review of publicly available information and other information available to the Promoter in relation to the winner (which may include politically-exposed person, public record, social media, adverse media and other background checks) for the purpose of assessing the honesty and integrity of the relevant winner;
    • in its sole and unfettered discretion, disqualify a winner where any check referred to in paragraph 4(b)(i) returns an adverse outcome;
    • cancel or suspend the Promotion, should the security, fairness, integrity, or proper operation of the Promotion be compromised in any way by way of any virus or bugs in the IT system used for this Promotion, unauthorised human intervention, or other causes beyond the reasonable control of the Promoter;
    • disqualify any person who engages in offensive, illegal or objectionable conduct in respect of this Promotion;
    • disqualify any person who tampers with the entry process, or who submits an entry that is not in accordance with these Terms and Conditions;
    • cancel, terminate, modify or suspend the Promotion in accordance with any written directions given by any relevant government or regulatory authority to do so;
    • request a winner provide proof of age, identity or proof of residency at the nominated prize delivery address.
• In the case of the intervention of any outside agent or event which naturally changes the result or prevents or hinders its determination, including but not limited to vandalism, power failures, pandemic, systems failures, tempests, natural disasters, acts of God, civil unrest or strikes, the Promoter may in its absolute discretion cancel the Promotion or part of the Promotion and recommence it from the start on the same conditions subject to Australian law.
• By entering this Promotion, you acknowledge that it is a condition of accepting a prize that you may be required to sign a legal release in a form reasonably determined by the Promoter.
• To the extent that a situation or issue arises for which these Conditions of Entry make no provision or in relation to which the relevant Conditions of Entry are unclear, the Promoter will make a decision regarding such situation. You will have the right to request an internal review of the Promoter’s decision. Subject to any regulator direction to the contrary, the decision of the internal review will be final and binding.
• In the event that a winner is identified as being in breach of these Terms and Conditions (the “Refused Winner”), the Promoter reserves the right to refuse to allow the winner to take part in, or receive, any or all aspects of a prize, and the Promoter will notify any relevant regulator accordingly where required by law to do so.
• Entries are deemed to be received at the time of receipt by the Promoter and not at the time of transmission or deposit by the entrant. Records of the Promoter and its agencies are final and conclusive as to the time of receipt. Valid and eligible entries will be accepted during the Promotional Period.
• If any winner chooses not to take their prize (or is unable to), or does not take or claim a prize by the time specified by the Promoter, they forfeit the prize and the Promoter is not obliged to substitute the prize.
• No part of a prize is exchangeable, redeemable for cash or any other prize or transferable, unless otherwise specified in writing by the Promoter.
• If a prize (or portion of a prize) is unavailable the Promoter reserves the right to substitute the prize (or that portion of the prize) to a prize of equal or greater value and/or specification.
• If there is a dispute as to the identity of an entrant or winner, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant or winner.
• If a prize is provided to the Promoter by a third party, the prize is subject to the terms and conditions of the third party prize supplier and the provision of the prize is the sole responsibility of the third party and not the Promoter. The terms and conditions which apply to the prize at the time it is issued to the winner will prevail over these Conditions of Entry, to the extent of any inconsistency. The Promoter accepts no responsibility or liability for any delay or failure by the third party to deliver the prize, any delay or failure relating to the prize itself or failure by the third party to meet any of its obligations in these Conditions of Entry or otherwise.
• Incomplete, indecipherable, inaudible, incorrect and illegible entries, as applicable, will at the Promoter's discretion be deemed invalid and not eligible to win.
• The use of any automated entry software or any other mechanical or electronic means that allows an individual to automatically enter repeatedly is prohibited and may render all entries submitted by that individual invalid.
• Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.