Terms and Conditions General Entry Information on how to participate in the Special $20 Offer for TAB Account holders promotion (the Promotion) form part of these Terms and Conditions (the Terms and Conditions). The promoter is Tabcorp Holdings Limited, ABN 66 063 780 709, 5 Bowen Crescent Melbourne, VIC, (the Promoter). Entry is open to Australian residents over the age of 18, who hold a valid Victorian or NSW TAB account, are Bronze, Silver or Gold customers, and who are subscriber to either Foxtel, Austar, Foxtel from Telstra or the Optus Pay TV service (an Eligible Participant). For the purposes of these Terms and Conditions, a “Pay TV Provider” means Foxtel, Austar, Foxtel from Telstra or Optus (as applicable depending on the Eligible Participant’s provider). By participating in the Promotion, each Eligible Participant fully and unconditionally agrees and acknowledges that these Terms and Conditions and any decision of the Promoter relating to this Promotion will be final and binding. Directors, officers and employees of (and contractors to) the Promoter and its related companies and their immediate family are not eligible to participate in the Promotion. For the purposes of these Terms and Conditions, “immediate family” means a spouse (including de facto), parent, sibling, child, grandparent, grandchild, or parent in law and includes stepparents and stepchildren and half siblings. Term of Promotion The Promotion commences at 12:01 AM (AEST) on Thursday 1 July 2010 and ends at 11:59pm (AEST) on Saturday 31 July (the Promotion Period). How to Register To register, Eligible Participants, must, before the end of the Promotion Period: Contact their Pay TV Providers and purchase the Sky Racing + pack (the Sky Racing + Pack). The Sky Racing + Pack contains two channels - Sky Racing2 and Sky Racing World and costs $5 per month. Complete the Sky Racing + $20 Offer Form (the Sky Racing + Form) which is accessible via www.tab.com.au or via the Sky Racing website (www.skyracing.com.au). The Refund Process Upon receipt of the Eligible Participant’s Sky Racing + Form, the Promoter will cross reference the details provided with the Eligible Participant’s Pay TV Provider. By accepting these Terms and Conditions, Eligible Participants give the Promoter the authority to pass the Eligible Participant’s personal details and Sky Racing + Form onto their Pay TV provider. Any taxes which may be payable as a consequence of the Eligible Participant receiving the Refund are the sole responsibility of the Eligible Participant. The Promoter accepts no responsibility for any tax implications that may arise from the offer. Independent financial and tax advice should be sought. Exclusion of Liability 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 an Eligible Participant. Nothing in these Terms and Conditions affect, nor is intended to affect, any rights that an Eligible Participant might have that are not able to be excluded under applicable Australian consumer protection laws. To the fullest extent permitted by law, any liability of the Promoter or its servants or agents for breach of any such rights is limited to the supplying of the relevant goods or services again. Use of Personal Information / Marketing Any entries become the property of the Promoter. Any information Eligible Participants provide will be used by the Promoter for the purpose of conducting this Promotion. The Promoter may disclose Eligible Participants' personal information to its contractors and agents to assist in conducting this Promotion or communicating with Eligible Participants. By entering the Promotion, Eligible Participants consent to their 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 the Eligible Participant's 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 the Eligible Participant. Eligible Participants’ consent includes authorising the Promoter, its agents, affiliates, related business companies, other companies associated with this Promotion and business partners to send the Participant future electronic messages including but not limited to, SMS, MMS, and email regarding any promotional, marketing and publicity activities. Eligible Participants' personal information may be disclosed to State and Territory lottery departments and Winners' names published as required under the relevant lottery legislation. A request to access, update or correct any information should be directed to the Promoter at its address set out below. General Conditions The Promoter, its employees, officers, agents, and its parent companies and subsidiaries are not responsible for and shall not be liable for: (a) any condition caused by events beyond the control of the Promoter that may cause the game to be disrupted or corrupted; (b) any injuries, losses (including, without limitation, loss of profits), or damages of any kind (even where resulting from negligence of the Promoter or any other person) caused by the Promotion or from participation in the Promotion or downloading material from the website; or (c) any printing or typographical errors in any materials associated with the Promotion. The Promoter reserves the right, in its sole discretion, to: (a) cancel or suspend the Promotion, should virus, bugs, unauthorized human intervention, or other causes beyond the control of the Promoter, in its sole opinion, corrupt the administration, security, fairness, integrity, or proper operation of the Promotion; (b) disqualify any Eligible Participant who engages in offensive, illegal or objectionable conduct; and (c) disqualify any individual who tampers with the entry process, or who submits an entry that is not in accordance with these Terms and Conditions and, subject to any written directions given by any relevant government or regulatory authority, to cancel, terminate, modify or suspend the Promotion. In the case of the intervention of any outside agent or event which naturally changes the result or prevents or hinders it's determination, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strikes; the Promoter may in its absolute discretion cancel the event and recommence it from the start on the same conditions subject to State Regulation. To the extent that a situation or issue arises for which these Terms and Conditions make no provision or in relation to which the relevant Terms and Conditions are unclear, the Promoter also reserves the right to make a decision regarding such situation or issue in its sole and absolute discretion and such decision will be final and binding. In the event that an Eligible Participant is identified as a minor, self excluded patron, involuntarily excluded patron or any other person who is in breach of these Terms and Conditions, the Promoter reserves the right to refuse to allow the Eligible Participant to take part in, or receive, any or all aspects of the Refund, and the Promoter will notify any relevant regulator accordingly where required by law to do so. Decisions of the management of the Promoter are final. No correspondence will be entered into. |