Terms & Conditions
SKY Spring Racing Giveaway Promotion ("Conditions of Entry")

Promotion:

SKY Spring Racing Giveaway Promotion

Promoter:

Sky Channel Pty Ltd ABN 77 009 136 010, 79 Frenchs Forest Road Frenchs Forest, NSW 2086 Australia.

Promotional Period:

Start date: 12.00pm AEST 10/09/2022

End date: 10.00pm AEDT 05/11/2022

Group 1 Day Race:

Entries open at the start of each Group 1 Day Race coverage, and close at 10:00 PM AEST/AEDT, based on NSW time, on the same day.

Eligible Participants:

• Entry is open to Australian residents (excluding SA) aged 18 years or over and are a Foxtel account holder. The Promoter reserves the right to include SA residents in this Promotion at any time, subject to approval by the relevant lottery department.
• 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:

• watch a Group 1 Day Race on SKY Racing on Foxtel during each Race’s corresponding date (as set out above) (“Event”);
• spot the code word which will be shown on screen; and
• visit https://www.skyracing.com.au/f..., follow the prompts to the Promotion entry page; and fully complete and submit the online entry form with their personal details as requested, their Foxtel account number, agree to the terms and conditions and (optional) sign-up to receipt of marketing regarding Sky Racing Channel by selecting the relevant tick box (if they have not already done so) and enter the code word.

Entries permitted:

Multiple entries permitted subject to the following:

• limit one (1) entry per person per Group 1 Day Race;
• maximum of fifteen (15) entries per person throughout the Promotional Period; and
• each entry must be submitted separately in accordance with the entry instructions above.

The entrant is eligible to win a maximum of one (1) prize.

Total Prize Pool:

AUD$75,000.00

Prize Details:

Winner Notification:

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 on file with the Promoter.

The details of the winner/s and Unclaimed Prize Winner/s (if applicable) may be published at https://www.skyracing.com.au/.

The winner(s) must 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. The winner(s) will not be awarded the prize until their identity has been successfully re-verified by the Promoter.

Draws:

• The draws will take place at Plexus, Level 4 411 Collins St, Melbourne VIC 3000, Australia at 12:00 pm AEST/AEDT on the dates outlined below using computerised random selection. Entries in each draw will not be entered into any subsequent draw/s.

• The first valid entry drawn in each Group 1 Day Race will be the winner of the prize specified below.

• 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.

Unclaimed Prizes:

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 https://www.skyracing.com.au/.

Key dates:

Date & Time of Draw: 12 pm AEST/AEDT (NSW time) on the draw dates specified above

Date of notification of winner: within seven (7) days of the corresponding draw

Date of winner publication: within 30 days of the corresponding draw

Date by which winner must accept prize: 09/01/23

Date of notification of Unclaimed Prize Winner: 10/01/23

Date of unclaimed prize winner publication: 17/01/23

Permit Numbers:

NSW Authority No. TP/01685; ACT Permit No. TP22/1526

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.

• Taxes
  1. Any taxes which may be payable as a consequence of the Winner receiving the 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 the 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.
  • To the extent permitted by law, the Promoter and any entity associated with this Promotion (including, for the avoidance of doubt, Foxtel Management Pty Limited) are 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.
  • Nothing in these Conditions of Entry 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.
  • Except where prohibited by law, by participating in the Promotion, you grant the Promoter the right to use and disclose your name, photograph, likeness, statements, biographical information, voice, address (suburb of residence), and prize information (if any) worldwide and in all forms of media worldwide, in perpetuity, without further compensation or notice, for any and all purposes, including promotional and advertising purposes and for inclusion on a Promotion winners list.
  • Your consent includes authorising the Promoter (and their 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 your 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:
    1. the Promoter’s Privacy Policy located on the Promoter’s website, www.skyracing.com.au;
• General

1. By participating in the Promotion, you agree (i) to waive any right to claim any ambiguity or error in these Conditions of Entry or the Promotion Website and (ii) to indemnify, hold harmless, and fully release the Promoter and Foxtel Management Pty Limited (the “Released Parties”) from any claim, action, demand, liability, loss, injury, or damage caused, directly or indirectly, in whole or in part, by participation in the Promotion, any Promotion-related activity, and the acceptance, possession, quality, use, or misuse of any prize, including any and all taxes and other fees applicable thereto. IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND PARTICIPATION IN THE PROMOTION. IN NO EVENT SHALL THE RELEASED PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED $100. WITHOUT LIMITING THE FOREGOING, THE PROMOTION, INCLUDING THE PRIZES, IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
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 Eligible Participant who engages in offensive, illegal or objectionable conduct in respect of this Promotion;
   5. disqualify any Eligible Participant who tampers with the entry process, or who submits an entry that is not in accordance with these Conditions of Entry;
   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 prize delivery address.

1. 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.
2. By entering this Promotion, you acknowledge that it is a condition of accepting the prize that they may be required to sign a legal release in a form reasonably determined by the Promoter.
3. Where a draw is conducted by way of “approved electronic drawing system”, the conduct of the draw is authorised in accordance with the Lottery and Gaming Regulations 2008 pursuant to Approval 1271 as held by Tatts Group Limited, a Related Body Corporate (within the meaning of the Corporations Act 2001 (Cth)) of the Promoter.
4. 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.
5. In the event that a Winner or Unclaimed Prize Winner is identified as being in breach of these Conditions of Entry (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 the prize, and the Promoter will notify any relevant regulator accordingly where required by law to do so.
6. Except where prohibited by law, all issues and questions concerning the construction, validity, interpretation and enforceability of the Conditions of Entry, or the rights and obligations of participant and the Promoter in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of New South Wales. All participants consent to the jurisdiction of the courts of the State of New South Wales.
7. By participating in this competition, each participant acknowledges and agrees that this competition is in no way endorsed or administered by Sky Channel Pty Ltd or its related bodies corporate and fully releases Sky Channel Pty Ltd from any and all liability attaching to this competition