Win a share in a race horse! (VIC Residents ONLY)

Terms and Conditions – INGLIS WIN A SHARE IN A RACEHORSE 2017
General
1.The Promoters are The Herald & Weekly Times Pty Ltd (ABN: 49 004 113 937) of 40 City Road Southbank, Vic 3006, and William Inglis and Son Ltd (ABN: 75 000 011 307) of 1 Young St, Randwick, NSW 2031.
2.Information on how to enter and prizes forms part of the terms of entry. Entry into the competition is deemed acceptance of these terms and conditions.
3.If there is any inconsistency between these Terms and Conditions and anything else that refers to this competition, these Terms and Conditions will prevail.
Who can enter
4.Entry is open to all residents of Victoria over the age of 18 who comply with the conditions set out in paragraph 6 except employees and immediate families of the Promoters or Salmat Digital Pty Ltd and their associated companies and agencies. Immediate family includes the following: spouse, ex-spouse, defacto spouse, child or step child (whether natural or by adoption), parent, step parent, grandparent, step grandparent, uncle, aunt, niece, nephew, brother, sister, step brother, step sister or first cousin.
5.The Promoters reserve the right to request winners to provide proof of identity, proof of residency at the nominated prize delivery address and/or proof of entry validity or proof of registration ownership in order to claim a prize. Proof of identification, residency and entry considered suitable for verification is at the discretion of the Promoters. In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered.
6.It is a condition of entry that entrants be able to satisfy Racing Victoria Limited’s racehorse ownership requirements. Each entrant acknowledges that if he or she wins the prize, he or she must notify the Promoters and the Registrar of Racing Information Services Australia Pty Ltd (the Registrar) if:
•during the past 10 years, he or she has been convicted of any offences involving violence against a person or dishonest or criminal activity; or
•there is a charge pending against him or her for any of the above offences; or
•he or she has ever been convicted under the Australian Rules of Racing or the rules of any racing authority.
The winner’s eligibility to claim the prize is subject to the Registrar’s approval.
In the event that the winner is not approved by the Registrar, the winner will forfeit the prize and the prize will be deemed unclaimed.
When to enter
7.The competition commences on 29/01/17 at 12:01am AEDT and concludes on 23/02/17 at 11:59pm AEDT. Entries must be received by the Promoters prior to the competition close date and time.
8.The time of entry will in each case be the time the online entry is received by the Promoters database or the SMS entry is received by the Salmat Digital Pty Ltd database, not at the time of transmission by the entrant.
9.The Promoters accepts no responsibility for any late, lost or misdirected entries including SMS messages not received by the Promoters or delays in the delivery of the SMS message due to technical disruptions, network congestion or for any other reason. SMS entries via the internet or computer generation and not attributable to a valid mobile phone account is invalid and will not be accepted.
How to enter
10.Entrants may enter the competition by
•logging onto www.heraldsun.com.au/competitions and registering their details including (but not limited to) full name, address, post code, telephone number, e-mail address and code-word to complete their entry. The cost of accessing the promotional website will be dependent on the entrant’s individual Internet Service Provider.
•Texting to 19 991 029. SMS cost is $0.55 per entry (including GST) whether sent during or outside the Promotion Period. Service not available from payphones. Participants will be required to send their personal details including, but not limited to, full name, address, daytime phone number and email address. The SMS entry mechanic is only open to consumers with a SMS compatible mobile phone connected to a service provider which permits text messaging to the promotional SMS number. It is recommended that entrants check with their individual service provider in this regard. Helpline: 1300 131 276.
11.Entrants are required to take full responsibility for the content of their entry and for ensuring that their entry complies with these Conditions of Entry. For the purposes of these content requirements, “entry content” includes any content (including text, photos, videos and email messages) that entrants submit, upload, transmit, publish, communicate or use in connection with their entry into the Promotion. Entries must be the entrant’s original work. The Promoters reserve the right to verify, or to require the entrant to verify, that the entry is the entrant’s original work. If an entry cannot be verified to the Promoters satisfaction, the entry will be deemed invalid. The Promoters may, in their absolute discretion, edit, modify, delete, remove or take-down any part of an entrant’s entry. An entrant’s entry must not include:
(a)any image or voice of any other person without that person’s express consent. Entrants warrant that if any such content is included, they have obtained the express consent of the relevant person;
(b)any content that contravenes any law, infringes the rights of any person or is potentially insulting, inflammatory, defamatory, obscene, offensive, discriminatory, indecent or otherwise objectionable or inappropriate (which includes, without limitation, any content involving nudity, malice, excessive violence or swearing); and
(c)any literary, dramatic, musical or artistic work, any audio-visual or sound recording, or any other item in which copyright subsists, unless the entrant is entitled to do so. If an entrant has any doubts about whether they have the right to include any content (for example, recorded music) they must not include it. By including any such content in their entry, the entrant warrants that they have the permission of the relevant copyright owner to do so and that this permission allows the Promoters to use the entry in accordance with these Conditions of Entry.
The Promoters reserve the right to disqualify a winner if Promoters becomes aware that the winner and/or the winner’s entry is of a type described in this clause.
12.Any entry that is made on behalf of an entrant by a third party will be invalid, unless the entrant requires the assistance of a third party to enter due to a disability.
13.The Promoters reserve the right to disqualify any entrant who tampers with the entry process, who submits an entry that is not in accordance with these Terms & Conditions of Entry or who has, in the opinion of Promoters, engaged in conduct in entering the Promotion which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promotion and/or Promoters. This includes, but not limited, to entrants and households using multiple email addresses, postal addresses, PO Box addresses or SIM cards to register single or multiple purchases.
Number of Entries permitted
14.Entrants may enter as many times as they like. Only one prize will be awarded per person.
Draw and Notification of winner
15.The winners will be the first two valid entries submitted in accordance with these terms and conditions that is drawn by Salmat Digital Pty Limited by random computer selection at 1:00pm AEDT on 24/02/17 at Level 2, 116 Miller St, North Sydney NSW 2060.
16.If any particular draw is scheduled on a public holiday, the draw will be conducted on the following business day.
17.The Promoters decision is final and the Promoters will not enter into correspondence regarding the competition result or any other decisions the Promoters makes in connection with the Promotion.
18.The winners will be notified by telephone and in writing within two days of the draw. Winners of prize will be published at www.heraldsun.com.au/competitions from 24/02/17.
19.Prizes will be awarded to person named in the entry. However, in a dispute, will be awarded to the account holder of the entry mechanism used to submit their entry (i.e. mobile phone account holder or land line account holder).
20.Should an entrant’s contact details change during the promotional period, it is the entrant’s responsibility to notify the Promoters. A request to access or modify any information provided in an entry should be directed to the Promoters.
21.Subject to State Regulation, an unclaimed prize draw will take place at Salmat Digital Pty Ltd at Level 2, 116 Miller St, North Sydney NSW 2060 on 24/05/17 at 10:00am AEDT. The winner of the unclaimed prize draw will be notified by telephone and in writing within two days of that draw. Winner will be published at www.heraldsun.com.au/competitions from 25/05/17.
Prize on offer
22.Individual prize value is up to $16,000.00 (including GST). Total prize pool valued at up to $17,000.00
-One major winner will receive a 10 per cent share in a yearling racehorse selected by a trainer (who will be nominated by the Promoters at their absolute discretion) and purchased at the Melbourne Premier Sales at Oakland (on 26/2/17) up to a maximum of $10,000.00 (cost of yearling to not exceed $100,000.00 (excluding GST) (the Racehorse) and insurance and training fees paid by Inglis up to a maximum of $6,000, as outlined below (point 24). Competition entrants acknowledge that the trainer will be solely responsible for the selection of the Racehorse.
-One runner up will receive a $1,000.00 TAB Australia Cup bet voucher on Saturday 11/3/17.
23.The major winner will own this 10 per cent share of the Racehorse for two years from the date of the purchase of the Racehorse (the Period), unless he or she exercises the option to continue to own that share of the Racehorse on an ongoing basis (as described below). William Inglis and Son Ltd will prepare the necessary documents to register the 10 per cent share of the Racehorse to the winner on these terms and conditions.
24.William Inglis and Son Ltd will be responsible for providing all costs arising in connection with owning the Racehorse including the following benefits as part of the prize during the Period:
•10 per cent of the costs associated with the stabling of the Racehorse;
•10 per cent of the costs associated with obtaining bloodstock insurance in relation to the Racehorse ;
•10 per cent of the costs associated with training the Racehorse; and
•10 per cent of the race day and jockey fees associated with any races in which the Racehorse competes.
At the end of the Period, the winner has the option to either continue ownership of the Racehorse (and will be liable for its share of training fees and other costs and charges that may result) or cease ownership of the Racehorse (in which case his or her percentage will be absorbed by the other owners without cost to them and no payment will be made to the winner). The winner agrees to execute all documents necessary to transfer his or her share to the other owners.
If the Racehorse is sold before the end of the Period (at the absolute discretion of syndicate), the winner will receive 10% of the net proceeds of sale.
25.The prize value includes the major winner indirectly benefiting from William Inglis & Son Ltd bearing the costs associated with the Racehorse including costs associated with stabling, caring and training the Racehorse. The stated prize value does not include the prize-winnings component (if any) of the prize or the additional benefits associated with the Racehorse. The prize-winnings component of the prize (if any) depends upon the success of the Racehorse during the Period.
26.The prize value is based upon the recommended retail prices at the time of printing (inclusive of GST). The Promoters accepts no responsibility for change in prize value between now and the ultimate prize redemption date.
27.The minor prize $1,000.00 TAB bet voucher is only valid on the Australia Cup held at Flemington on Saturday 11/03/17. Must be 18 years or over to redeem voucher. Voucher not exchangeable for cash. If races are abandoned, the voucher will be considered void. Only original voucher accepted. Voucher must be surrendered to operator once bet is placed. Bets cannot be cancelled once placed. This voucher is valid for Victorian residents only. NSW residents are ineligible. The Bet can only be placed at a Victorian TAB outlet (including a TAB window oncourse). Think! About your choices. Call your state based gambling help services on 1800 858 858. Gamble responsibly.
28.Independent financial advice should be sought as tax implications may arise as a result of accepting the prize.
29.The Promoters do not provide any warranty or accept any liability in relation to the quality or performance of the Racehorse, the number of races the Racehorse will compete in, the value of prize-winnings the Racehorse will win or the value of any prize. Any decision regarding the health of the Racehorse or the entry of the Racehorse into any race will be at the absolute discretion of the trainer of the Racehorse or the relevant racing authority.
30.The winner will not be permitted access to the Racehorse at any time, except as allowed by the trainer at their complete discretion at any race meetings in which the Racehorse runs.
31.The Promoters will not be responsible for any loss of potential prize-winnings or earnings if the Racehorse becomes injured, becomes ill or dies during the Period and is unable to race.
32.Prizes cannot be transferred, exchanged or redeemed for cash.
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33.It is a condition of accepting the prize that the winner must comply with all the conditions of use of the prize and the prize supplier’s requirements. It is the responsibility of the winner to confirm such conditions with the prize supplier or other relevant third parties.
34.It is a condition of accepting the prize that the winner may be required to sign a legal release in a form determined by the Promoters in their absolute discretion.
35.All entrants agree that if they win the prize, they will not, and their companions will not, sell or otherwise provide their story and/or photographs to any media or other organisation, including the internet. Photographs will be allowed only at the discretion of the Promoters.
Further Terms and Conditions
36.Subject to complying with all relevant State and Territory legislation, the Promoters reserves the right to amend, cancel or suspend this competition if an event beyond the control of the Promoters corrupts or affect the administration security, fairness, integrity or proper conduct of the competition. The Promoterss will disqualify any individual who has tampered with the entry process or any other aspect of this competition.
37.The Promoters, Salmat Digital Pty Ltd and their associated agencies and companies assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of entries, and reserves the right to take any action that may be available.
38.If for any reason this competition is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any causes beyond the control of the Promoterss, which corrupt or affect the administration, security, fairness or integrity or proper conduct of this promotion, the Promoters reserve the right in its sole discretion to disqualify any individual who tampers with the entry process, take any action that may be available, and to cancel, terminate, modify or suspend the competition, subject to any direction given under State Regulation.
39.Entrants are responsible for any cost associated with accessing the promotional website . Access to that site is dependent on the Internet service provider.
40.If an entrant uses any form of software or third party application to enter multiple times (including scripting software), organises for a third party to enter on their behalf in breach of these terms and conditions or enters using incorrect contact details, his or her entry will be deemed invalid. If such an entrant wins a prize, the entrant must immediately return the prize to the Promoters. The Promoters have sole discretion to determine whether an entrant has breached this clause. The Promoters reserve the right to request whatever documentation it deems necessary to confirm whether an entrant has breached this clause. Entrants must provide whatever documents the Promoters require upon request.
41.If the prize is unavailable, for whatever reason, the Promoters reserve the right to substitute the prize for a prize of equal or greater value, subject to State and Territory legislation. It is a condition of accepting the prize that the winner must comply with all the conditions of use of the prize and prize supplier’s requirements. Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated.
42.The Promoters will make reasonable efforts to deliver prizes to the addresses provided by competition entrants. If a prize is returned to the Promoters because it could not be delivered to the address provided, the Promoters cannot guarantee that it will be able to resend the prize to theprize winner. The Promoters and its associated agencies and companies will not be liable for any damage to or delay in transit of prizes.
43.The Promoters reserve the right to redraw the prize if an entrant who claims to be a prize winner is unable to satisfy these terms and conditions.
Copyright, Statutory guarantees, Waiver and liability
44.In consideration for the Promoters awarding the prize to the winner, the winner hereby permits the winner’s submission, image and/or voice, as recorded, photographed or filmed during the winner’s participation in the prize to appear in connection with News Life Media or News Limited or the advertising or marketing thereof, in any media whatsoever throughout the world and the winner will not be entitled to any fee for such use.
45.The Promoters acknowledge that the entrant may own intellectual property rights (including copyright) in any material created or otherwise submitted to the Promoters in connection with the entrant’s entry or participation in any aspect of the prize (Works). The entrant hereby grants the Promoters a non-exclusive, irrevocable, perpetual, worldwide licence to use the Works (including modifying, adapting or publishing the Works, whether in original or modified form, in whole or in part or not at all). The entrant acknowledges and agrees that neither the entrant nor any third party shall be entitled to any fee, royalty or other consideration in respect of such licence. If the entrant holds, now, or at any time in the future, any so called “droit moral” or moral rights in connection with the Works, the entrant unconditionally and irrevocably consents, for the benefit of the Promoters and all of its assignees, licensees and sublicensees to material alterations to the Works (including, without limitation, any copying, editing, adding to, taking from, adapting and/or translating the Works, in any manner or context) for any purpose, notwithstanding that such conduct may amount to derogatory treatment of the Works for the purposes of the Copyright Act 1968 (Cth).
46.In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoters ability to proceed with the competition on the dates and in the manner described in these terms and conditions, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoters may in its absolute discretion cancel the competition and recommence it from the start on the same conditions, subject to any directions given under State Regulation.
47.The Promoters do not exclude any rights and remedies in respect of goods or services under the Australian Consumer Law in the Competition and Consumer Act (2010) (Australian Consumer Law) which cannot be excluded, restricted or modified. However, the remainder of this clause will apply to the fullest extent permitted by law and the Promoters shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with any prize/s except for any liability which cannot be excluded by law. The Promoters are not responsible for any incorrect or inaccurate information, either caused by entrant or for any of the equipment or programming associated with or utilised in this competition, or for any technical error, or any combination thereof that may occur in the course of the administration of this competition including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, theft or destruction or unauthorised access to or alteration of entries.
48.The Promoters reserve the right in its sole discretion to disqualify any individual who the Promoters has reason to believe has breached any of these conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. The Promoters legal rights to recover damages or other compensation from such an offender are reserved.
49.All entries become the property of the Promoters (with the exception of any intellectual property rights comprised therein). The Promoters collect personal information about you for the purposes of conducting this promotion. Any disclosure of such information will be made as required by law and in accordance with these terms and conditions but no further use of this information will be made without prior consent.
50.All opt-in entries will be entered into a database and The Promoters may use the entrant’s names, addresses and telephone numbers for future promotional, marketing and publicity purposes in any media worldwide without notice and without any fee being paid unless otherwise advised by the entrant. By opting-in, entrants confirm that they allow their details to be used for this purpose. If entrants no longer consent to their details being used for future marketing purposes, the entrant should contact The Promoters on their details set out below. Any request to update, modify or delete the entrant’s details should be directed to The Promoters.
51.The Promoters collect information about you, including for example your name and contact details which you provide when registering or using our services as well as information from data houses, social media services, our affiliates and other entities you deal or interact with for example by using their services. We collect and use that information to provide you with our goods and services, to promote and improve our goods and services, to provide you with targeted advertising based on your online activities, for the purposes described in our Privacy Policy and for any other purposes that we describe at the time of collection. We may disclose your information to our related companies, including those located outside Australia. Any of us may contact you for those purposes (including by email and SMS) at any time. We may also disclose your information to our service and content providers, including those located outside Australia. If you do not provide us with requested information we may not be able to provide you with the goods and services you require. We may disclose your personal information to authorities if you are a prize winner or otherwise as required by law. Further information about how we handle personal information, how you can complain about a breach of the Australian Privacy Principles, how we will deal with a complaint of that nature, how you can access or seek correction of your personal information and our contact details can be found in our Privacy Policy www.newscorpaustraliaprivacy.com
Entrants can seek access to personal information that William Inglis & Son Ltd holds about them by contacting the privacy officer by writing to Human Resources, William Inglis & Son Ltd, Newmarket, Young Street, Randwick NSW 2031. The full privacy policy is available at http://www.inglis.com.au/privacy/