TERMS AND CONDITIONS 2020
OF THE £100,000 TATTERSALLS ASCOT BREEZE UP BONUS SCHEME
The following Terms and Conditions apply to the 2020 £100,000 Tattersalls Ascot Breeze Up Bonus Scheme (“the Scheme”).
Any person participating in the Scheme or making any claim arising out of or in relation to the Scheme, including a claim to payment of a Bonus Payment under the Scheme shall be bound by and shall comply fully with these Terms and Conditions.
1.1 Any lot catalogued for sale in the 2020 Tattersalls Ascot Two Year Old Breeze Up Sale (“the Ascot Breeze-Up Sale”) which meets one or more of the criteria specified in sub-conditions 1.2 to 1.3 shall, subject to the proviso in sub-condition 1.4 and to these Terms and Conditions, be eligible (“an Eligible Racehorse”) to participate in the Scheme.
1.2 A lot offered for sale in the Sales ring at the Ascot Breeze-Up Sale and sold or bought in or led out unsold at the Ascot Breeze-Up Sale.
1.3 A lot sold in accordance with sub-condition 1.2 which is subsequently returned to the Vendor under Tattersalls Limited’s (“Tattersalls”) Conditions of Sale.
1.4 Provided always that where any part of the purchase price or other sum due and owing to Tattersalls in connection with the purchase of an Eligible Racehorse (together with VAT and interest thereon if applicable) has not been paid to Tattersalls, Tattersalls has the right to declare that lot as ineligible to receive a Bonus Payment.
2. SCHEME ADMINISTRATION
2.1 The Scheme shall be administered by Tattersalls.
3. QUALIFYING RACES
3.1 A Qualifying Race is any of the six races for two-year olds (namely, the Coventry Stakes, Queen Mary Stakes, Norfolk Stakes, Albany Stakes, Chesham Stakes and Windsor Castle Stakes) run at the Royal Ascot race meeting in 2020.
4. RELEVANT HORSE RACING AUTHORITY
4.1 The Relevant Horse Racing Authority means the recognised horse racing authority in the country where the Qualifying Race takes place.
5. REGISTERED OWNER(S) AND VENDOR(S)
5.1 The Registered Owner(s) means the owner(s) of an Eligible Racehorse as registered with the Relevant Horse Racing Authority at the time of the Qualifying Race.
5.2 The Vendor(s) means the person or persons stated in the Tattersalls’ sales entry form for the Ascot Breeze-Up Sale as being the owner(s) of the lot.
6. BONUS PAYMENT VENDOR(S)
6.1 Subject always to Condition 7 and sub-conditions 6.5 and 6.7 hereof Tattersalls shall make payment of £100,000 (“ Bonus Payment”) in the manner provided for in this condition where an Eligible Racehorse is adjudged the winner of a Qualifying Race by the Relevant Horse Racing Authority, such payment to be made as to 80% thereof to the Registered Owner(s) of the Eligible Racehorse (“the Winner’s Bonus Payment”) and as to 20% thereof to the Vendor(s) (“the Vendor’s Bonus Payment”).
6.2 The Winner’s Bonus Payment shall be made by Tattersalls paying the said payment to the administrative body appointed by the Relevant Horse Racing Authority to distribute prize money for the Qualifying Race. Where there is more than one Registered Owner Tattersalls shall request the said administrative body to distribute the Bonus Payment in accordance with the Registered Owners’ instruction to the Relevant Horse Racing Authority in respect of prize money payments.
6.3 Payment by Tattersalls of the Winner’s Bonus Payment to the administrative body appointed by the Relevant Horse Racing Authority to distribute prize money for the Qualifying Race in accordance with sub-condition 6.2 shall be a full and complete discharge of Tattersalls’ obligation to the Registered Owner(s) to make payment of the Winner’s Bonus Payment.
6.4 The Vendor’s Bonus Payment shall be made by Tattersalls paying the said payment to the Vendor(s) named in the Tattersalls’ sales entry form for the Ascot Breeze-Up Sale as being the owner(s) of the lot and in the proportions as to ownership stated on the said sales entry form. Payment to the Vendor(s) as aforesaid shall be a full and complete discharge of Tattersalls’ obligation to the Vendor(s) to make payment of the Vendor’s Bonus Payment.
6.5 Tattersalls will normally make payment of the Bonus Payment within 28 days of the Qualifying Race but the timing of the payment is at Tattersalls’ absolute discretion. If there is an inquiry by the Relevant Horse Racing Authority as to whether an Eligible Racehorse is the winner of or is to be disqualified as the winner of a Qualifying Race Tattersalls is entitled to and will delay making payment of any Bonus Payment until the outcome of that inquiry is known. In the event that Tattersalls has made payment of the Bonus Payment before the outcome of any such inquiry is known then the Registered Owner(s) and the Vendor(s) of any such disqualified winner of a Qualifying Race shall, forthwith upon demand by Tattersalls, repay to Tattersalls any sums paid to them in respect of the Winner’s Bonus Payment and the Vendor’s Bonus Payment.
6.6 No Eligible Racehorse can win more than one Bonus Payment.
6.7 In the event that two Eligible Racehorses dead heat in a Qualifying Race it is hereby agreed and acknowledged that only one Bonus Payment shall become due and payable and that the Registered Owner(s) of each Eligible Racehorse that has dead-heated shall and shall only be entitled to a one half share of the Winner’s Bonus Payment to be paid in the same manner as provided for in sub- condition 6.2 and 6.3 and that the Vendor(s) of each Eligible Racehorse that has dead-heated shall and shall only be entitled to a one half share of the Vendor’s Bonus Payment to be paid in the same manner as provided for in sub-condition 6.4
6.8 In the event that an Eligible Racehorse dead heats in a Qualifying Race with a non-Eligible Racehorse the Registered Owner(s) of the Eligible Racehorse shall be entitled to the full Winner’s Bonus Payment to be paid in the same manner as provided for in sub-condition 6.2 and 6.3 and the Vendor(s) shall be entitled to the full payment of the Vendor’s Bonus Payment.
7. SCHEME LIMITED TO PAYMENT OF 2 BONUS PAYMENTS IN ANY YEAR
7.1 Once Tattersalls has paid or come under an obligation to pay 2 x £100,000 Bonus Payments in any one year no further Bonus Payments shall become due or payable under sub-condition 6.1 or any other provision of the Scheme in that same year. It is hereby acknowledged and agreed that the maximum amount payable by Tattersalls under the Scheme in any one year is £200,000 and that the Bonus Payments shall become due on a first in time basis.
8.1 Any dispute arising in connection with or in relation to the Scheme shall be decided by Tattersalls in such manner as it considers appropriate and Tattersalls' decision shall be final and binding.
9. EXCLUSION OF LIABILITY
9.1 Tattersalls shall under no circumstances whatsoever be liable to any person, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the administration or operation of the Scheme or from the participation or involvement of any person or horse in the Scheme provided that nothing in this clause shall exclude or limit Tattersalls’ liability for (i) death or personal injury caused by Tattersalls’ negligence or (ii) fraud or fraudulent misrepresentation.
10.1 These Terms and Conditions are to be construed and shall take effect in accordance with English Law and save as provided by condition 8 the English Courts shall, unless Tattersalls elects otherwise, have exclusive jurisdiction to hear and determine any action arising thereunder.