COMPETITION TERMS AND CONDITIONS

By entering this Competition, you ('you' or 'entrant') acknowledge and agree that you have read these Terms and Conditions and that by entering the Competition you are deemed to have accepted these Terms and Conditions. Any information on how to enter and prizes forms part of these Terms and Conditions.

The winner of this Competition also agrees to become subject to the terms and conditions of the 2023 All-Star Mile Fan Competition, and therefore entrants should read those terms and conditions prior to entering this competition, refer to www.allstarmile.com.au for a copy. Acceptance of the prize is deemed as acceptance of the terms and conditions of the 2023 All-Star Mile Fan Competition.

Prize Details

1. There will be only one (1) prize awarded in this Competition. The winner of the Competition will win entry into the 2023 All-Star Mile Fan Competition as the Raceday Owner Ambassador as defined under the terms and conditions for that competition, which are available at www.allstarmile.com.au. As a result, the winner will have the chance to win between $10,000 and $250,000 as determined in accordance with the terms and conditions of the                       2023 All-Star Mile Fan Competition.

   Eligible Participants

2. Entrants in the Competition must:
   1. be an Australian or New Zealand citizen or permanent resident;
   2. aged 18 years or older;
   3. attend the 2023 All-Star Mile at The Valley Racecourse, Feehan Ave Moonee Ponds, Victoria 3039 (The Valley Racecourse) scheduled for Saturday 18 March 2023 (2023 All-Star Mile) between 11.25am and 6.10pm but subject to change; and
   4. not be an Ineligible Person as defined at paragraph 3 below,

      each an Eligible Participant.

      1. A person is ineligible to enter or win this Competition if the person at the time of entry or at any time during the Competition:
   5. is a Director, Committee Member or employee (which includes race day officials) of any of the following:
      1. Racing Victoria;
      2. Melbourne Racing Club;
      3. Victoria Racing Club;
      4. Moonee Valley Racing Club; or
      5. Country Racing Victoria;
   6. is an Immediate Family Member of a Director, Committee Member or employee of either Racing Victoria or the Moonee Valley Racing Club;
   7. is an employee or Director of an associate or group company of Racing Victoria including but not limited to Racing.com;
   8. is a supplier of goods or services directly related to the administration of this Competition, or a Director or employee thereof;
   9. is a licensed jockey or apprentice jockey under the thoroughbred Rules of Racing in an Australian State and/or Territory and/or New Zealand;
   10. is a licensed trainer of a horse(s) nominated for the 2023 All-Star Mile;
   11. is serving a period of disqualification or warning off from racing under the thoroughbred, greyhound or harness Rules of Racing in an Australian State and/or Territory and/or New Zealand;
   12. has previously served a period of disqualification or warning off from racing under the thoroughbred, greyhound or harness Rules of Racing in an Australian State and/or Territory and/or New Zealand;
   13. is an Immediate Family Member of a person described in (g) or (h) above;
   14. is serving a period of suspension of two (2) months or more under the thoroughbred, greyhound or harness Rules of Racing in an Australian State and/or Territory and/or New Zealand;
   15. is a veterinarian that is involved in the care and/or treatment of a horse nominated for the 2023 All-Star Mile, either currently or in the previous six (6) months;
   16. is an individual who won (i.e. was a Finalist as defined in the terms and conditions of the 2023 All-Star Mile Fan Competition[1]) the 2019, 2020, 2021 or 2022 All-Star Mile Fan Competition run by Racing Victoria or who won the 2020, 2021 or 2022 All-Star Mile Raceday Competition;
   17. is –
       1. a Member of Parliament or employed within a Member's private office;
       2. a person appointed to hold any office pursuant to the Racing Act 1958 or Gambling Regulation Act 2003; or
       3. an employee of the Victorian Government with any responsibility, authority or other association in connection with the administration of the Racing Act 1958 or Gambling Regulation Act 2003;
   18. is an Immediate Family Member of a person described at (m) above;
   19. has been declared an Owner Ambassador or Wild Card Owner Ambassador pursuant to the terms and conditions of the 2023 All-Star Mile Fan Competition, of which Racing Victoria is the Promoter (copy of the terms and conditions for that competition are available at www.allstarmile.com.au); or
   20. is, in Racing Victoria's view:
       1. under the influence of alcohol or drugs; or
       2. behaves in a provocative, disorderly, insulting, offensive, objectionable or unsafe manner,

       each an Ineligible Person.

       'Immediate Family Member' means any of the following: spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent or step-parent.

       How to Enter

       1. In order to gain entry into this Competition, an Eligible Participant must:
          1. enter The Valley Racecourse during the Entry Period (as defined at paragraph 5), scan the QR code that will be made available within The Valley Racecourse on their compatible device and complete all mandatory fields on the QR code registration form (including their full name, email address and mobile phone number); AND
          2. be available from 2:45pm until thirty (30) minutes after the conclusion of the final race at The Valley Racecourse on the day of the 2023 All-Star Mile to participate in promotional activities in relation to the Competition and/or the 2023 All-Star Mile, including being available for interviews with the Promoter and/or the media and for photographs and/or filming, and attend the viewing area of The Valley Racecourse mounting yard during the running of the 2023 All-Star Mile.

           (each an Entry).

       2. Entry into the Competition is open from the time that gates at The Valley Racecourse open on the day of the 2023 All-Star Mile, which is scheduled for 11:25am (but is subject to change at the complete discretion of the Promoter) until 2:20pm (the Entry Period).
       3. The Promoter reserves the right, at any time, to verify the validity of Entries and entrants (including but not limited to an entrant's identity, citizenship/residency status and location) and disqualify any entrant who is not an Eligible Participant or who submits an Entry that is not in accordance with these Terms and Conditions.
       4. Each Eligible Participant is permitted to have a maximum of one (1) Entry; multiple entries are not permitted.
       5. All times and dates in these Terms and Conditions are times and dates in Melbourne, Victoria which may be AEST or AEDST depending on the relevant date.

       Conduct of the Draw

       1. Subject to paragraph 13, all eligible Entries will be placed into a prize draw. The winner will be randomly selected via an electronic draw which will take place at 2.45pm at The Valley Racecourse on Saturday, 18 March 2023 in the presence of an Independent Scrutineer (the Draw). When conducting the Draw, the Promoter reserves the right, in its absolute discretion, to randomly draw successive reserve entries and record them in order, in the case of an invalid or ineligible entrant (each a Reserve).
       2. The winner must be available to receive a telephone call confirming their prize on the day of the 2023 All-Star Mile. The winner will be contacted via the mobile telephone number provided by the winner via the process at paragraph Error! Reference source not found..
       3. The winner will be contacted by a representative of the Promoter following completion of the Draw via a telephone call as described above. If the winner does not answer the telephone call before five (5) rings or it goes to voicemail, the prize will be forfeited, and an alternate winner will be selected from the Reserves drawn. If the winner answers the telephone call but:
          1. the winner is not present at The Valley Racecourse at the time of the call;
          2. the winner does not attend the specified location at The Valley Racecourse within the time period as specified by the Promoter's representative during the call; or
          3. the Promoter is unable to verify the winner's eligibility within five (5) minutes of making the call,

          the prize will be forfeited, and an alternate winner will be selected from the Reserves drawn.

       4. The winner must have valid photo identification (being a valid Australian or New Zealand driver's licence or passport) in their possession on the day of the 2023 All-Star Mile to assist the Promoter in verifying their eligibility. The Promoter may accept an alternative identification at its sole and absolute discretion. 
       5. Where the running of the 2023 All-Star Mile is abandoned due to a force majeure event, including but not limited to, vandalism, power failures, system failures, tempests, natural disasters, inclement weather, acts of God, civil unrest, terrorism, strikes, change in law, pandemic, epidemic, public health emergency or bio-security event, the Promoter reserves the right to abandon and transfer the running of the 2023 All-Star Mile to another date, time and place in its absolute discretion, subject to the directions of any government or regulatory authority. If the 2023 All-Star Mile is abandoned and transferred to another date (Revised Date) before 2:45pm on race day, the Draw will be held at the same time and location as specified at paragraph 9 on the Revised Date. If the 2023 All-Star Mile is abandoned and transferred to another date on or after 2:45pm on raceday, the Draw will continue in accordance with paragraph 9 save that the winner will not be required to attend the 2023 All-Star Mile on the Revised Date (and at the revised location, if applicable) if they are unable to do so.
       6. If, pursuant to the terms and conditions of the 2023 All-Star Mile Fan Competition[2], any of Entain, Tabcorp, NWN and/or ARN is unable to produce its respective Wild Card Owner Ambassador on the day of the 2023 All-Star Mile for any reason, then that Wild Card Owner Ambassador will be deemed ineligible and the Promoter will choose a new Wild Card Owner Ambassador for that Wild Card Partner by drawing a second (or if need be, third and fourth) winner in this Competition, pursuant to the process outlined at paragraphs 9 to 13. The following terms used in this paragraph have the same meaning as under the 2023 All-Star Mile Fan Competition terms and conditions available at www.allstarmile.com.au: Entain, Tabcorp, NWN, ARN, Wild Card Owner Ambassador and Wild Card Partner. This paragraph is intended to be read in conjunction with paragraph 47 of the terms and conditions of the 2023 All-Star Mile Fan Competition.

       General Terms and Conditions

       Exclusion of Liability

       1. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under similar consumer protection laws in the States and Territories of Australia ("Non-Excludable Guarantees"). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of any act or omission, deliberate or negligent, by the Promoter or its servants or agents, in connection with this Competition or the arrangement for supply, or the supply or failure to supply, of any goods or services by any person to the winner.

       Use of Personal Information / Marketing

       1. The Promoter complies with the Australian Privacy Principles contained in the Privacy Act 1988 (Cth), and any applicable analogous legislation in any jurisdiction from time to time.
       2. Any entries become the property of the Promoter. Any information provided will be used by the Promoter to conduct this Competition.
       3. By entering this Competition, you consent to your personal information being collected, used and disclosed by the Promoter to its agents, affiliates, subsidiaries, commercial partners, Host Clubs and other companies associated with this Competition in order to conduct this Competition and promote Victorian thoroughbred racing and the All-Star Mile (including future editions of the race). Personal information will not be disclosed outside of Australia unless you are a New Zealand resident and disclosure to a New Zealand racing regulator is necessary to verify eligibility, in which case, your personal information may be disclosed overseas to New Zealand.

          Host Club means the Moonee Valley Racing Club, Victoria Racing Club and Melbourne Racing Club.

       4. You agree that subject to the Privacy Act 1988 (Cth), the Promoter or its agents, affiliates or subsidiaries may do the following:
          1. publish the winner's name and suburb of residence on www.allstarmile.com.au, through media outlets and, on the day of the 2023 All-Star Mile, via any platform and/or media at The Valley Racecourse;
          2. without limiting clause 19(a), publicly announce the winner's personal information including their name, suburb and state of residence at any time during the 2023 All-Star Mile;
          3. transfer personal information confidentially to other organisations that provide services in relation to this Competition;
          4. disclose personal information to the Victorian Gambling and Casino Control Commission (VGCCC); and
          5. use the information for any other purpose outlined in the Promoter's Privacy Policy located at: https://www.racingvictoria.com.au/privacy-policy.

       General

       1. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) and its subsidiaries and the Moonee Valley Racing Club 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 Competition to be disrupted or corrupted;
          2. any injuries, losses (including, without limitation, loss of profits), or damages of any kind caused by the Competition and the Competition prize or resulting from acceptance, possession, use, or misuse of the prize, or from participation in the Competition or downloading material from www.allstarmile.com.au; or
          3. any printing or typographical errors in any materials associated with the Competition.
          4. any unlawful, objectionable, offensive or other improper conduct; or
          5. any conduct that, in the Promoter’s reasonable opinion, may harm or damage the reputation of the Promoter or the Victorian thoroughbred racing industry.
             1. All decisions by the Promoter in respect of this Competition are final and no correspondence will be entered into.
             2. The Promoter may in its sole discretion determine which documents are considered suitable for establishing eligibility to enter, be declared a winner and/or receive the prize. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation are reserved.
             3. The Promoter reserves the right to conduct a review of publicly available information and other information available to it in relation to any winner or Reserve (which may include politically-exposed person/s, public record, social media, adverse media and other background checks) for the purpose of assessing the honesty and integrity of the relevant winner or Reserve.
             4. 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 the Promoter, including but not limited to a pandemic, epidemic, public health emergency, technical difficulties, unauthorised intervention, or fraud or a change of law, the Promoter reserves the right, in its discretion, to the fullest extent permitted by law:
                1. to disqualify any entrant; or
                2. to modify, suspend, terminate or cancel the Competition, as appropriate, subject to any directions from a regulatory authority.
             5. The Promoter will not be responsible for any incorrect, inaccurate or incomplete information communicated in the course of or in connection with this Competition if the deficiency is occasioned by any cause outside the reasonable control of the Promoter including without limitation technical malfunctions or failures.
             6. Any reference to 'owner' or 'ownership' refers to nominal ownership of a racehorse for the purposes of conducting this Competition only and does not constitute any actual ownership interest in any racehorse participating in the 2023 All-Star Mile.
             7. Entrants submit unconditionally to the jurisdiction of the courts of the State of Victoria for the determination of any dispute relating to this Competition.
             8.  All records with respect to this Competition will be kept by the Promoter for a period of 5 years.
       2. The Promoter and the Moonee Valley Racing Club accept no responsibility whatsoever for any system or connection problems that might affect any end-user during this Competition.
       3. The Promoter and the Moonee Valley Racing Club are not responsible for any problems or technical malfunction of any telephone network or lines, online computer systems, servers, or providers, computer equipment, software, technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to participants or any other person's computer related to or resulting from participation in or downloading any materials in this Competition.
       4. The Promoter and the Moonee Valley Racing Club will take no responsibility whatsoever for lost, late or misdirected entries whether caused by personal error, system failure or otherwise.
       5. The Promoter reserves the right, at any time, to verify the validity of entries and eligibility of entrants (including, without limitation, an entrant's identity, age, place of residence and citizenship/residency status) and reserves the right, in its absolute and sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful, objectionable, offensive or other improper misconduct related to the conduct of the Competition or other conduct which the Promoter regards as interfering with or jeopardising the fair and proper conduct of this Competition.
       6. The Promoter reserves the right, in its absolute and sole discretion, to disqualify any individual who the Promoter has reason to believe has engaged in:

[1] The 2023 All-Star Mile Fan Competition is promoted by Racing Victoria Limited ABN 88 096 917 930 of 400 Epsom Road, Flemington, Victoria 3031. The terms and conditions for the 2023 All-Star Mile Fan Competition are available at www.allstarmile.com.au.

[2] The 2023 All-Star Mile Fan Competition is promoted by Racing Victoria Limited ABN 88 096 917 930 of 400 Epsom Road, Flemington, Victoria 3031. The terms and conditions for the 2023 All-Star Mile Fan Competition are available at www.allstarmile.com.au.