Terms & Conditions
US Sports Incentive Promotion ("Conditions of Entry")

Promotion

US Sports Incentive Promotion

Promoter

Tabcorp Holdings Limited ABN 66 063 780 709 of 727 Collins Street, Melbourne VIC 3000

Promotional Period

Start Date: 24^th January 2022 at 9:00am (AEDT)

End Date: 28^th February 2022 at 11.59pm (AEDT)

Eligible Venue

An “Eligible Venue” is a TAB venue (a Licensed Venue or a TAB Agency) located in SA, VIC, TAS, QLD, ACT, NSW or NT that has opted in for the Sky Sports package (and still has an active Sky Sports package) by 9am AEDT on 24^th January 2022.

How to Enter (Finals Qualification)

• To be eligible to participate in this Promotion, Eligible Venues must, during the Promotional Period, access their MyTab account and follow the prompts to correctly answer three (3) of the five (5) weekly quiz questions provided.
• The Promoter will then record the percentage increase in NBA/NFL digital in venue turnover of each Eligible Venue (comparison period for determination of percentage increase is the Promotional Period vs the period six (6) weeks prior to the Promotional Period Start Date) (“In Venue Growth”).

Finals Round

• The two (2) Eligible Venues from all Licensed Venue with the highest recorded In Venue Growth in each State Group (as outlined below) and the one (1) Eligible Venue from all TAB Agencies with the highest recorded In Venue Growth nationally (as determined by the Promoter in its absolute discretion) will go through to the Finals Round ((9) Eligible Venues in total) (“Finalist Venues”). There are four (4) “State Groups” as follows: (1) NSW/ACT; (2) TAS/SA/NT; (3) VIC; and (4) QLD. For the sake of clarity, a representative from all Finalist Venues must have correctly completed at least three (3) of the five (5) weekly quiz questions posed on MyTab during the Promotional Period in order for the Eligible Venue to qualify for the Finals Round and become a ‘Finalist Venue’.
• If there is a tie to determine the top two (2) Finalist Venues (from all Licensed Venue) for any State Group or the top Finalist Venue (from all TAB Agencies) nationally, the tie will be resolved by the Promoter implementing a further skill-based tie break mechanic.
• Each Finalist Venue will be required to nominate one (1) staff member to travel to either Brisbane, Sydney or Melbourne (location to be confirmed by the Promoter) to take part in a Basketball Shoot Out. In order to attend the Finals Round Basketball Shoot Out, participants will receive return economy flights (if required), one (1) night minimum four star accommodation and selected meals.
• The Basketball Shoot Out will take place on 22^nd March 2022. Any person not willing or able to attend the Basketball Shoot Out at this time will forfeit any opportunity to win the Major Prize for their Eligible Venue.

• Travel itinerary will be determined by the Promoter in its absolute discretion.

• Prize is subject to the standard terms and conditions of individual prize and service providers.

• Travel is subject to booking and flight availability (where applicable).

• Finalists are responsible for ensuring that they have valid vaccinations and travel documentation.

• Spending money, meals, taxes (excluding airline and airport taxes), insurance, vaccinations, transport to and from departure point, transfers, items of a personal nature, in-room charges and all other ancillary costs, unless otherwise specified above, are not included.

• Participants may be required to present their credit card at accommodation check in.

• The Promoter makes no representation as to the safety, conditions or other issues that may exist at any of the destinations or events. It is the sole responsibility of participant to check government advisories and/or conditions regarding the safety and situation of any such destinations.
• If the Basketball Shoot Out cannot take place as a result of any COVID-19 restrictions, the Promoter reserve the right to reschedule the event or determine the Major Prize Winner in another way.
• During the Basketball Shoot Out, participants will be required to shoot ten (10) shots from the free-throw line. The person with the most baskets (from the nine (9) participants) will be deemed the winner and awarded the Major Prize (as outlined in more detail below). The runner-up entrants will receive a $250 NBA store voucher (as outlined in more detail below). In the event of a tie for the Major Prize, the tied participants will be required to participate in a further shoot out until the tie is resolved.

Number of entries

Eligible Venues may enter the Promotion once.

Major Prize Details

The Major Prize is a trip for two (2) people to attend the 2023 NBA All Star Game in Salt Lake City.

The prize includes:

• Tickets to the All Star Game;
• An NBA experience;
• A city tour;
• Return economy class flights from the winner's nearest capital city to the US; and
• Four (4) nights' minimum four-star twin share accommodation.
  • The winning venue will be required to nominate a staff member to take the Major Prize (who may or may not be the staff member who attended the Basketball Shoot Out.
  • Travel must be taken between 16^th February and 20th February to coincide with the 2023 All Star Game. If the winner is unavailable on unwilling to travel on the aforementioned date/s required by the Promoter to coincide with this event, they will forfeit their right to the prize and will not be awarded cash or any other alternative in lieu.
  • Travel itinerary will be determined by the Promoter in its absolute discretion.
  • Prize is subject to the standard terms and conditions of individual prize and service providers.
  • The winner and his/her travel companion must depart from and return to the same departure point and travel together.
  • Subject to the terms and conditions of the participating prize provider(s), if for any reason the winner does not, once the prize has been booked, take the prize (or an element of the prize) at the time stipulated, then the prize (or that element of the prize) will be forfeited and will not be redeemable for cash.
  • The prize is subject to booking and flight availability.
  • The winner and his/her travel companion are responsible for ensuring that they have valid passports, and any requisite visas, vaccinations and travel documentation.
  • Frequent flyer points will not be awarded and do not form part of the prize.
  • Spending money, meals, taxes (excluding airline and airport taxes), insurance, passports, visas, vaccinations, transport to and from departure point, transfers, items of a personal nature, in-room charges and all other ancillary costs, unless otherwise specified in the prize description, are not included.
  • The winner may be required to present their credit card at accommodation check in.
  • The winner and their travelling companion are responsible for meeting all travel and health requirements for any international travel. It is the responsibility of the winner and their travelling companion to check with all government health authorities regarding travel requirements and eligibility. Any fines, penalties, expenditure or inability to travel as a consequence of not meeting such requirements are the sole responsibility of the winner and their travelling companion.
  • The Promoter makes no representation as to the safety, conditions or other issues that may exist at any of the destinations or events forming part of the prize. It is the sole responsibility of winner to check government advisories and/or conditions regarding the safety and situation of any such destinations.
  • If the prize cannot be provided as intended due to any COVID 19 related restrictions or guidelines, the Promoter reserves the right to award $10,000 cash in lieu.

Minor Prize Details

The Minor Prize is a a $250 NBA store voucher. Any ancillary costs associated with redeeming the NBA voucher are not included. Any unused balance of the NBA voucher will not be awarded as cash. Redemption of the NBA voucher is subject to any terms and conditions of the issuer including those specified on the voucher.

Notification of Prize Winner

• Winners will be notified via email and/or phone.
• The details of the winners may be published on MyTab (https://Mytab2.tabcorp.com.au)

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, www.tab.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 tabrewards.com.au or tab.com.au or TAB App; 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.
   3. 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.
   4. 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.
   5. 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.
   6. 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.
   7. 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.
   8. 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.
   9. No part of a prize is exchangeable, redeemable for cash or any other prize or transferable, unless otherwise specified in writing by the Promoter.
   10. 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.
   11. 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.
   12. 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.
   13. Incomplete, indecipherable, inaudible, incorrect and illegible entries, as applicable, will at the Promoter's discretion be deemed invalid and not eligible to win.
   14. 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.
   15. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.
   16. Employees of NBA Properties, Inc., the National Basketball Association (the “NBA”), and the NBA member teams (collectively, the “NBA Entities”) including affiliates, agents and immediate family members and/or those living in the same household of such employees, are not eligible to enter or win the Promotion
   17. The winners authorise the Promoter and the NBA Entities to use participant’s name, voice, city/state of residence, photos, video or film clips, and/or other visual likeness for advertising and/or trade purposes and/or for any other purpose in any media or format now or hereafter known without further compensation (financial or otherwise), permission or notification.
   18. The NBA Entities and each of their respective parent companies, subsidiaries, affiliates, officers, directors, employees, governors, owners, distributors, retailers, agents, assignees, advertising/promotion agencies, representatives, and agents shall have no liability and will be released and held harmless from any claim, action, liability, loss, injury or damage, including, without limitation, personal injury or death to winner or any third party or damage to personal or real property due in whole or in part, directly or indirectly, by any reason, including the acceptance, possession, use or misuse of the prize and/or participation in this Promotion.