Terms and conditions
1. Information on how to register as a member of ClubXtra and coupons form part of these terms and conditions of entry. By registering as a participant of the ClubXtra promotion (the Promotion), each participant fully and unconditionally agrees and acknowledges that these terms and conditions and the decision of the Promoter on all matters relating to this Promotion is final and binding.
2. The Promotion runs from 10:00 Saturday 11 April 2009 and continues until cancelled by the Promoter (the Promotional Period).
3. To be eligible to take part in the Promotion (to be an Eligible ClubXtra Participant), participants must, during the Promotional Period:
(a) comply with these terms and conditions;
(b) be over 18 years of age;
(c) have a valid Luxbet.com account;
(d) register as a member of ClubXtra by successfully completing the ClubXtra registration process on the online registration page (http://clubxtra.luxbet.com) or by calling 132 589 (the Registration Process); and
(e) be either:
- 1. a registered owner (Owner) with the participants name appearing in the race book as an ‘Owner’ for the race in which the Owner is otherwise eligible to receive the Bonus Dividend as contemplated in clause 7;
- 1. a registered trainer (Trainer) with the participants name appearing in the race book as a ‘Trainer’ for the race in which the Trainer is otherwise eligible to receive the Bonus Dividend as contemplated in clause 7;
- 1. a registered as a member of an approved syndicate (Syndicate Owner) with the participants name appearing in the Racing NSW database www.racingnsw.com.au/regosearch.asp); or
4. Eligible ClubXtra Participants must ensure that the name used to open their Luxbet.com account, the name used to register with ClubXtra and the name which appears on the Racing NSW official database or RISA database, are the same.
5. In the event that:
(a) the name of the Owner, for whatever reason, does not appear in the race book, as contemplated in clause 3(e)(i), the Promoter will rely upon the official Racing NSW database (www.racingnsw.com.au/regosearch.asp) in determining whether the participant is a bona fide Owner; or
(b) the name of the Trainer, for whatever reason, does not appear in the race book, as contemplated in clause 3(e)(ii), the Promoter will rely upon the official RISA database (http://materials.risa.com.au/publishing/ror/HorseIdentification/pgHIPFindHorse.asp) in determining whether the participant is a bona fide Trainer.
6. Employees (and their immediate families) of the Promoter and employees (and their immediate families) of the agencies and corporations associated with this Promotion are ineligible to enter.
7. Eligible ClubXtra Participants will receive a twelve percent (12%) bonus on the win portion of any Luxbet.com winning Valid Bonus Bets wagered on a horse that (by way of the Registration Process, the Eligible ClubXtra Participant has registered and confirmed) they either Own, Train, own by way of a Syndicate as completed in clause 3(e) (the Bonus Dividend).
8. The Bonus Dividend will be based on the win portion only of the winning Valid Bonus Bet wagered (not including the wagered amount).
For example: If an Eligible ClubXtra Participant is an Owner, and the Owner wagers a $10 win bet at odds of $3, on a horse registered with ClubXtra, and that horse wins, the Eligible ClubXtra Participant’s Bonus Dividend will be calculated as follows:-
($10 x $3) - $10 = $20
$20 x 12% = $2.40
Total return of $32.40.
9. Bet types available for Bonus Dividend are Top Fluc, Best Tote, Middle Tote, Home Tote+, Fixed Odds (the Valid Bonus Bets). Exotic bets are not Valid Bonus Bet Types.
10. Each Eligible Participant qualifies for a maximum of one (1) Bonus Dividend per race. If multiple Valid Bonus Bets are placed on a winning runner in a specific race, the first Valid Bonus Bet placed will be the only bet eligible for the Bonus Dividend.
11. The Bonus Dividend will be paid by way of account top up into the Eligible ClubXtra Participant’s Luxbet.com customer account within five (5) Business Days of the official result of the race in which the Eligible ClubXtra Participant becomes entitled to a Bonus Dividend. For the purposes of this clause 11, Business Day means any day other than a Saturday, Sunday or Public Holiday in New South Wales.
12. The full amount of the Eligible ClubXtra Participant’s Bonus Dividend must be turned over (that is, wagered in a single or in multiple bets) at odds of $1.90 or greater after the Bonus Dividend is deposited in the Eligible ClubXtra Participant’s Luxbet.com customer account as contemplated in clause 11, by the Eligible ClubXtra Participant using their Luxbet.com customer account, before the Bonus Dividend can be withdrawn from the Eligible ClubXtra Participant’s Luxbet.com customer account.
13. The maximum Bonus Dividend on any one race payable to an Eligible ClubXtra Participant is capped at AUD$2,000 (the Maximum Bonus Dividend).
14. The Promoter reserves the right to refuse to award the Bonus Dividend to any Eligible ClubXtra Participant if the Promoter or its agents have reason to believe that these terms of conditions, or any Australian law, would be contravened by such an award.
15. Any GST which may be payable as a consequence of this offer is the sole responsibility of the participant. The Promoter accepts no responsibility for any tax implications that may arise from the Promotion. Independent financial advice should be sought. Where the operation of this Promotion results in, for GST purposes, supplies being made for non-monetary consideration, entrants agree to follow the Australian Taxation Office's stated view that where the parties are at arm's length, goods and services exchanged are of equal GST inclusive market value.
16. Programming and other quality control errors will not invalidate an otherwise valid Promotion claim. Unless otherwise due to fraud or ineligibility under these conditions of entry, all valid Promotion claims will be honoured.
17. If for any reason this promotion is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter, which corrupt or affect the administration security, fairness or integrity or proper conduct of this promotion, the promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the promotion.
18. The Promoter accepts no responsibility for any loss incurred in the event that any or all of the relevant sporting events are cancelled for any reason beyond the control of the Promoter.
19. The Promoter 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 the Promotion except for any liability that cannot be excluded by law. The Promoter is not responsible for any incorrect or inaccurate information, either caused by a computer user or for any of the equipment or programming associated with or utilised in this Promotion, or for any technical error, or any combination thereof that may occur in the course of the administration of this Promotion 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.
20. The Promoter reserves the right, at anytime during or after the closing date of the promotion, to verify the validity of entries and to disqualify any entrant who tampers with the entry process or who submits an entry that is not in accordance with these terms and conditions. Failure of the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
21. No responsibility is accepted for late, lost or misdirected redemptions.
22. The Promoter reserves the right to refuse to allow a participant to take part in any or all aspects of the Promotion, if the Promoter determines, in their absolute discretion, that a participant is not in the mental or physical condition necessary to be able to safely participate in the Promotion. It is a condition of accepting the Promotion that the participant may be required to sign a legal release in a form determined by the Promoter in its absolute discretion.
24. 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.
25. The Promoter’s decision is final and no correspondence will be entered into.
26. The Bonus Dividend offer is intended to be offered to Eligible ClubXtra Participants who are recreational gamblers only. Professional gamblers or players, who are considered by Luxbet to be abusing the Bonus Dividend offer, may, at the Promoter’s absolute discretion, have their ClubXtra membership and/or Luxbet.com memberships cancelled, and any Bonus Dividends revoked.
27. The Promoter reserves the right to makes changes to, or cancel the Promotion at any time without prior notice.
28. The Promotion and Bonus Dividend offer is not to be used in conjunction with any other offer.
29. Luxbet.com or the Promoter is Luxbet Pty Ltd, 5 Bowen Crescent, Melbourne Victoria, 3004, ACN 092 104 786 (the Promoter).