Terms & Conditions
SKY Beat the Experts Spring Carnival Competition ("Conditions of Entry")

Promotion:

SKY Beat the Experts Spring Carnival Competition

Promoter:

Sky Channel Pty Limited ABN 77 009 136 010, 9 Frenchs Forest Rd East Frenchs Forest NSW 2086. Ph: (02) 9452 8400

Promotional Period:

Eligible entrants:

• Entry is only open to Australian (excluding SA) residents who are 18 years and over.
• 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, including participating venues, businesses involved in determination of winner/s for the Promotion, businesses involved in the management of the Promotion, any organisation benefiting from the Promotion, or the Promoter’s distributors, suppliers, subsidiary companies/businesses and associated companies, and their immediate families are not eligible to participate in this Promotion.
• Excluded Persons are not eligible to participate in this Promotion. “Excluded Persons” means any person identified as:
  • a minor;
  • a problem gambler;
  • a person who has previously engaged in fraudulent behaviour (with respect to the Promoter or otherwise);
  • a self-excluded patron;
  • an involuntarily excluded patron;
  • directors or management of a corporate bookmaker; and
  • a customer who has previously been excluded from promotions (including promo offers, bonus bet, cash back and trade promotions) conducted by the Promoter.

If a person is identified as an Excluded Person, the Promoter reserves the right to refuse to allow the person to take part in the Promotion, or 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 Enter:

To enter the Promotion, the entrant must complete the following steps during any Tipping Round of the Promotional Period:

• visit skyracing.com.au/tipping and follow the prompts to the Promotion entry page;
• fully complete and submit the online entry form with their personal details (first name, last name, date of birth, email address, phone number and full address); and
• submit their tips for all races taking place at one or both of the Race Locations on the corresponding Race Day for that Tipping Round (as per the dates outlined above). Entrants must submit a tip for all races for at least one (1) Race Location in the Tipping Round in order for the entry to be considered valid for that corresponding prize draw for that Tipping Round.

Further Information:

• Only entrants who tip more winners than the expert tippers will be entered into the corresponding prize draw for that Tipping Round.
• Entrants can amend their tips up until the Close Time/Date for each Tipping Round.
• If a race is scratched, the Promoter reserves the right to nominate a replacement race for that Tipping Round.
• If no entrants select more winners than the tipping experts for any particular Tipping Round, there shall be no prize draw for that round.
• In the case that the expert tipper successfully tips all winners for a particular Race Day, all entrants who have also successfully tipped all winners for that Race Day will be entered into the corresponding prize draw for that Tipping Round.
• If a horse is scratched for a particular race (and a substitute not selected in time by the entrant and/or expert tipper), that selection shall be counted as an incorrect tip (for the entrant and/or the expert tipper).

Winner Determination:

Each entrant who tips more winners than the expert tippers for any of the races outlined above will go into the draw to win a prize for the corresponding Tipping Round. For the sake of clarity, each prize draw will be made up of entrants who have submitted tips for either (or both) of the Race Locations outlined above (i.e. one (1) winner per Tipping Round).

Entries permitted:

Entrants can only submit one (1) entry per Race Location (per Tipping Round). Each entry must be submitted separately and in accordance with entry requirements.

Limit one (1) prize per person.

Total Prize Pool:

AUD $50,000.00

Prize Details:

Further prize details:

All winners will be required to provide the details of an Australian bank account (held in their name) in order for the prize money to be transferred.

Draws:

• The draws will take place at Plexus, Level 4, 411 Collins Street, Melbourne VIC 3000 at 12:00pm AEDT using computerised random selection on the dates set out above.

• The first valid entry drawn in each draw will each win the prize specified above.

• The draw conductor may draw additional reserve entries in case an invalid entry or entrant is drawn.
• If a draw is scheduled on the weekend or a public holiday, the draw will be conducted at the same time and location on the following business day. The Promoter will ensure each draw is open for public scrutiny and anyone may witness the draw on request. The winner of a drawn prize is determined by chance.

Notification of prize winners:

At the time specified in ‘Key Dates’ below, the winner/s and (if applicable) Unclaimed Prize Winner/s will be notified as required via the email address and phone number provided by them.

The details of the winner/s and Unclaimed Prize Winner/s (if applicable) may be published at http://www.skyracing.com.au/ within thirty (30) days of the draw.

The winner(s) may be required by the Promoter to re-verify their full legal name, date of birth and current residential address by providing the Promoter with original, certified copies of their identification documents in accordance with the Sky Racing Account Verification Requirements as set out at http://www.skyracing.com.au/. The winner(s) will not be awarded the prize until their identity has been successfully re-verified by the Promoter.

Unclaimed prizes or ineligible Winners:

In the event that for any reason whatsoever a winner does not accept a prize (including if the Promoter is not able to successfully get in contact with the winner) by the applicable time specified in ‘Key Dates’ below or if the winner is determined to not be an eligible entrant or to not be entitled to the prize pursuant to these Conditions of Entry, then the prize will be forfeited by the winner and the first selected reserve entrant drawn from the original draw will be deemed to be the winner of the relevant prize (“Unclaimed Prize Winner”).

If there are no prize winner/s or winner/s for this Promotion cannot be found this information will be published at http://www.skyracing.com.au/.

Key Dates:

Time of notification of winner: within seven (7) days of the draw (as per the dates set out above)

Time of winner publication: within thirty (30) days of the draw (as per the dates set out above)

Time by which winners must accept prize: 5pm AEDT on 9 January 2023

Time of notification of Unclaimed Prize Winner(s): 10 January 2023

Time of unclaimed prize winner publication: 30 January 2023

General Terms and Conditions

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

1. Taxes
   1. Any taxes which may be payable as a consequence of a winner or unclaimed prize winner receiving a prize are the sole responsibility of the winner/unclaimed prize winner. The Promoter encourages the winner to seek independent financial and tax advice.
2. Exclusion of Liability
   1. Whilst the Promoter will use all reasonable endeavours to arrange the delivery of a prize, by entering this Promotion, a winner/unclaimed prize winner acknowledges that circumstances beyond the control of the Promoter may prevent the delivery of the prize (including the failure by the winner/unclaimed prize 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.
   2. 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 or unclaimed prize winner.
   3. 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.
3. Use of Personal Information / Marketing
   1. The Promoter complies with the Australian Privacy Principles contained in the Privacy Act 1988 (Cth).
   2. Any entries become the property of the Promoter. Any information provided will be used by the Promoter for the purpose of conducting this Promotion.
   3. The Promoter may disclose your personal information to its contractors and agents to assist in conducting this Promotion or communicating with you.
   4. 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 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.
   5. Your consent includes authorising 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.
   6. 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.
   7. 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.
   8. You understand and accept the Promoter’s Privacy Policy located on the Promoter’s website, http://www.skyracing.com.au/.
4. General
   1. The Promoter, its employees, officers, agents and its parent companies and subsidiaries are not responsible for and shall not be liable for:
      1. any condition caused by events beyond the control of the Promoter that may cause the Promotion to be disrupted or corrupted;
      2. 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 the Promoter’s website; or
      3. any printing or typographical errors in any materials associated with the Promotion.
   2. The Promoter reserves the right to:
      1. conduct a review of publicly available information and other information available to the Promoter in relation to the winner, unclaimed prize winner and, if applicable, their guest/s (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, unclaimed prize winner and, if applicable, their guest/s;
      2. in its sole and unfettered discretion, disqualify a winner and/or unclaimed prize winner or, if applicable, require a winner and/or unclaimed prize winner to select an alternative guest, where any check referred to in paragraph 4(b)(i) returns an adverse outcome;
      3. 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;
      4. disqualify any person who engages in offensive, illegal or objectionable conduct in respect of this Promotion;
      5. disqualify any person who tampers with the entry process, or who submits an entry that is not in accordance with these Terms and Conditions;
      6. cancel, terminate, modify or suspend the Promotion in accordance with any written directions given by any relevant government or regulatory authority to do so;
      7. request a winner or unclaimed prize winner provide proof of age, identity or proof of residency at the nominated prize delivery address.
5. 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, 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.
6. 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.
7. 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.
8. In the event that a winner or unclaimed prize 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.
9. 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.
10. 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.
11. No part of a prize is exchangeable, redeemable for cash or any other prize or transferable, unless otherwise specified in writing by the Promoter.
12. 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 specification.
13. 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.
14. 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.
15. Incomplete, indecipherable, inaudible, incorrect and illegible entries, as applicable, will at the Promoter's discretion be deemed invalid and not eligible to win.
16. 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.
17. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.

Authorised under: ACT Permit No. TP 22/01840 and NSW Authority No. TP/1685.