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Terms and conditions

Thoroughbred Racing S.A. Limited

Dare to Dream – Terms and Conditions (SA Lottery permit no. T19/1387)

  1. 1. General

    • 1.1 Information on how to enter and prize details form part of these terms and conditions (Terms and Conditions). By entering into the “Dare to Dream” (Competition) the entrant agrees to be bound by these Terms and Conditions.
    • 1.2 The promoter of the Competition is Thoroughbred Racing S.A. Limited (ABN 25 094 475 939) of GPO Box 2646, Adelaide SA 5001, +61 (0)8 8179 9800 (TRSA).
    • 1.3 To the extent of any inconsistency between these Terms and Conditions and any other reference to this Competition, these Terms and Conditions prevail.

  2. 2. Eligibility

    • 2.1 Subject to clause 2.2, entry is open to all individuals who, as at the date of their entry into the Competition:
      • (a) are residents of South Australia;
      • (b) are at least 18 years of age on the day of their entry into the Competition;
      • (c) are not suspended, warned off, disqualified or subject to other disciplinary action under Racing Australia’s Australian Rules of Racing, and/or TRSA’s Local Rules of Racing (collectively the Rules of Racing) and comply with the conditions set out in clause 2.3; and
      • (d) do not currently hold or have an interest in a racehorse.
    • 2.2 The following individuals are ineligible to enter the Competition:
      • (a) employees, board members and committee members of TRSA or any of its related entities;
      • (b) employees, board members and committee members of any sponsors of the Competition and suppliers of prizes for the Competition; and
      • (c) any immediate family members of a person listed in clauses 2.2(a) and 2.2(b).
    • 2.3 Each entrant acknowledges that:
      • (a) it is a condition of entry that an entrant be able to satisfy the Rules of Racing and racehorse ownership requirements; and
      • (b) if he or she is the winner of a prize, he or she must promptly (after being notified of the winning of the prize) notify TRSA and the Registrar of Racing Australia Limited (Registrar) if:
        • (1) during the past ten (10) years, he or she has been convicted of any offences involving violence against a person or dishonest or criminal activity; or
        • (2) there is a charge pending against him or her for any of the above offences; or
        • (3) he or she has ever been convicted under the Rules of Racing or the rules of any racing authority.
    • 2.4 TRSA reserves the right to verify the eligibility and validity of entries to the Competition. TRSA may in its absolute discretion determine that an entry is invalid and disqualify any entrant for reasons including (without limitation):
      • (a) if the entrant is under 18 years of age;
      • (b) tampering with the entry process or for submitting an entry which is illegible, indecipherable or incomplete or contains false information or does not otherwise comply with these Terms and Conditions; or
      • (c) if the entrant is engaged in any unlawful conduct or other conduct which is improper, offensive, disparages TRSA or any of its related entities or which is designed to jeopardise the fair and proper conduct of the Competition or is in breach of the Rules of Racing. Any determination by TRSA as to eligibility and validity of entries is final and no correspondence will be entered into.
    • 2.5 The winner’s eligibility to claim the prize is subject to the Registrar’s approval.
    • 2.6 In the event that the winner is not approved by the Registrar, or is otherwise ineligible under these Terms and Conditions, the winner will forfeit the prize and the prize will be deemed unclaimed and reallocated to another Competition entrant drawn in accordance with the method set out in clause 6.1.

  3. 3. Entry

    • 3.1 To enter the Competition, entrants must complete the online entry form available at www.daretodream.com.au . Each entrant must comply with the eligibility requirements set out in clause 2. Any cost associated with accessing the website is the entrant’s responsibility and is dependent on the internet service provided used by the entrant.
    • 3.2 Upon being drawn as a winner, entrants must register a Syndicate comprising of ten (10) individuals (Syndicate). Each individual of the Syndicate must comply with the eligibility requirements set out in clause 2. TRSA will assist with the registration of the Syndicates. The same individual may not be part of more than one Syndicate.
    • 3.3 Each Syndicate must:
      • (a) provide the relevant contact details including, but not limited to, full name, address, email and telephone number of each of the ten (10) individual members of the Syndicate; and
      • (b) nominate a representative for the Syndicate, who shall be a member of the Syndicate and the main contact person for the Syndicate (Representative).
    • 3.4 All information provided to TRSA must be true and correct and not misleading, including by omission.

  4. 4. Commencement and close date

    • The Competition commences at 9.00am ACST on Saturday 28 September, 2019 and closes at 11.59pm ACST on Saturday 9 November, 2019.

  5. 5. Prizes

    • 5.1 There are twenty five (25) prizes available to be won under the Competition.
    • 5.2 The maximum Competition prize pool is valued at $250,000 per annum (exclusive of GST) and consists of twenty five prizes (25) (each valued at $10,000 per annum (exclusive of GST) each) of:
      • (a) a ten (10) per cent share* in two (2) racehorses (individually or jointly as the case requires, Racehorses) for a period of two (2) years commencing on Saturday 14 December 2019 until 11.59pm ACST on Saturday 11 December, 2021 (Term); and
      • (b) payment by TRSA of the lease, training, insurance, veterinary costs, race and jockey fees associated with any race in which the Racehorses compete during the Term.
    • 5.3 The prize value specified in clause 5.2 is:
      • (a) based upon the recommended retail price (exclusive of GST) as at the date of publication of these Terms and Conditions; and
      • (b) exclusive of the potential prize-winning component(s) (if any) earned via the Racehorses’ participation and placement in races and any other additional benefits derived from the Racehorses during the Term. For the avoidance of doubt, any prize-winning earnings (if any) will be in addition to the prize value specified in clause 5.2 and depend on the success of the Racehorses at races during the Term. TRSA accepts no responsibility for change in prize value between the date of publication of these Terms and Conditions and the ultimate prize redemption date.
    • 5.4 *Any reference in these Terms and Conditions to a “share” in any Racehorse which forms part of the prizes under the Competition and any reference to “ownership”, or similar terms or concepts, does not constitute either the issue of any financial product or ownership of a financial interest (including a proportional interest) of any nature in a Racehorse, nor does it constitute clear or unencumbered title or ownership of a Racehorse. Ownership is for the purpose of racing only and the Syndicate will have no title or ownership interest in any Racehorse whatsoever, including without limitation no right to transfer title to, or assign, lease, licence or otherwise deal with any Racehorse. Any Racehorse which forms part of the prizes under the Competition is provided by TRSA in its capacity as a lessee under a separate arrangement with the lawful owner of such Racehorse, being the lessor.
    • 5.5 TRSA will be solely responsible for the selection and leasing of all Racehorses which form part of the prize under the Competition and for the allocation of the Racehorses to the winning Syndicates and for the allocation of the winning Syndicates to the selected trainers. TRSA’s decisions on these matters will be final and no correspondence will be entered into.
    • 5.6 TRSA does not provide any warranty nor does it accept any liability in relation to the quality or performance of the Racehorses, the number or frequency of the races that the Racehorses will compete in, the value of the prize-winnings the Racehorses will win (if any) or the value of any prize(s) the Racehorse receives or any loss of potential prize-winnings or earnings if the Racehorses become ill, injured or die during the Term and are unable to compete.
    • 5.7 The Racehorses will be allocated to such trainer(s) determined by TRSA in its sole discretion. Any and all decisions in respect of the health or training regime or schedule of the Racehorses or the entry of the Racehorses into any race during the Term will be at the absolute discretion of the trainer of the Racehorse in conjunction with TRSA. TRSA’s decisions on these matters will be final and no correspondence will be entered into.
    • 5.8 The winning Syndicate will have access to the relevant Racehorse during the Term, as allowed by the trainer in its discretion and on the trainer’s usual stable access terms for visiting owners.
    • 5.9 At the end of the Term, the prize winning Syndicate will, unless by mutual consent with the lawful owner (lessor), cease ownership of the Racehorses, at which time the Syndicate’s share* in the Racehorses shall revert back to the lawful owner (lessor) for no consideration. TRSA agrees to pay for any applicable transfer fees, and all members of the winning Syndicate agree to execute upon request all documents, necessary to effect such transfer of the share* to the lawful owner being the lessor.

  6. 6. Prize draw

    • 6.1 The Competition is a game of chance and the winning entries will be drawn at random by a digital randomisation tool.
    • 6.2 Prizes will be drawn at Ground Floor 240 Morphett Road, North Plympton SA on Monday 11 November, 2019 at 10.00am ACST. TRSA may amend the details of the prize draw, including the date, place and time in its absolute discretion, including by conducting a further draw in circumstances where a winning entry is later found to be ineligible under these Terms and Conditions, including for failing to meet the requirements in clause 2. If TRSA does this, it will publish updated prize draw details on its website at www.theracessa.com.au and www.daretodream.com.au.
    • 6.3 The prize winners will be notified by telephone, email and/or post within seven (7) days of the draw. The names of the prize winners will be published on the TRSA website on Friday 15th November 2019.
    • 6.4 The winner has one (1) month to claim their prize by contacting TRSA via the details provided to them in their written notification from TRSA.
    • 6.5 In the event that a prize winner does not claim their prize within the period specified in clause 6.4 for whatever reason or if a prize winner does not satisfy these Terms and Conditions or forfeits their prize, TRSA reserves the right to reallocate the prize to another Competition entrant drawn in accordance with the method set out in clause 6.1.If required, an unclaimed prize draw will take place on Tuesday 10th December 2019 with the names of the prize winners will be published on the TRSA website on Wednesday 11th December 2019.
    • 6.6 Prizes cannot be transferred, exchanged or redeemed for cash, traveller’s cheques, foreign currency or other credit. TRSA reserves the right to request that prize winners provide proof of identity or proof of their eligibility to enter the Competition in order to claim their prize.
    • 6.7 Prizes may be subject to additional conditions. Without limiting this clause 6.7, it is a condition of accepting a prize that the prize winner: (a) complies with all conditions of use of the prize and the prize supplier’s requirements; and (b) signs any legal release reasonably required by TRSA, in a form determined by TRSA in its absolute discretion.
    • 6.8 Any element of a prize that is unclaimed or unused prior to its expiry or otherwise according to its terms will be forfeited and no compensation will be payable in lieu of that element.
    • 6.9 Any tax liability arising as a result of accepting any prize is the responsibility of the prize winner. The prize winner should seek independent financial advice in respect of any tax implications that arise by reason of acceptance of the prize.

  7. 7. Miscellaneous

    • 7.1 If this Competition is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of TRSA, TRSA reserves the right, in its sole discretion, to modify, suspend, terminate or cancel the Competition, as appropriate.
    • 7.2 Entrants in the Competition agree and hereby consent that they may be filmed, photographed and/or interviewed and that such material, together with their names and the names of the Syndicate members, may be used without payment or other compensation by TRSA, its sponsors and other third parties for any purpose in connection with the Competition and for future promotional purposes.
    • 7.3 All entry forms become the property of TRSA. All personal information provided by entrants (including details of the Syndicate members) shall be used by TRSA for the purposes of conducting the Competition. This will include providing such information to sponsors and the providers of any or all prizes made available under the Competition. Personal information collected from entrants (including details of the Syndicate members) may also be used by TRSA and sponsors and providers of prizes in the future for promotional, marketing, research and profiling purposes and to contact entrants and Syndicate members in relation to TRSA's activities or the activities of any sponsor or prize provider. Without limiting the foregoing, entrants acknowledge that TRSA may share their personal information with others, including those sponsors that provide prizes for the Competition. TRSA will otherwise use all information collected from an entrant in accordance with the TRSA Privacy Policy, a copy of which is available on www.theracessa.com.au
    • 7.4 To the maximum extent permitted by law, TRSA and its officers, employees and agents exclude all liability (including for negligence) for any death, injury, loss or damage to property or person, whether direct, indirect, special or consequential arising out of or in connection with this Competition, including without limitation, entry into this Competition, failure by TRSA to receive an entry, change of date or cancellation of an event and use of a prize.
    • 7.5 These Terms and Conditions are governed by the laws of the State of South Australia. All entrants irrevocably submit to the exclusive jurisdiction of the courts of the State of South Australia and the courts of appeal from them.