The Racing Post Breeze-Up Bonus Scheme 2010 Terms and Conditions The Breeze-Up Bonus scheme is operated subject to the Conditions set out below. All Vendors and Purchasers are deemed to have read and understood these conditions. Definitions 1.1 Auctioneers means the Sales Companies conducting the relevant Breeze-Up sales, namely Goffs Bloodstock Sales (UK) Ltd., Doncaster Bloodstock Sales Ltd., Tattersalls Ltd, Arqana, Goffs Bloodstock Sales Ltd. and Goresbridge Sales. 1.2 Qualifying Sale means any 2 year old Breeze Up Sale held by any Auctioneer as defined at clause 1.1 hereof prior to June 1 st 2010. 1.3 Owner means the registered owner of each eligible horse as registered at the time of racing with the relevant Horse Racing Authority. 1.4 The Relevant Racing Authority means the recognised Horse Racing Authority in the country where the Qualifying Race takes place. 1.5 Purchase Price is the price at which the Lot is knocked down by the auctioneers in the ring or the price at which the horse was sold privately after the sale plus V.A.T and commission. 1.6 Purchaser means the highest bidder to whom a Lot is knocked down by the auctioneers or who purchases the Lot privately after the sale. 1.7 Scheme means the Racing Post Breeze-Up Bonus Scheme, outlined below. 1.8 Scheme Administrator means the organisation appointed for this purpose by the Trustees. 1.9 Scheme Co-Ordinator means the person appointed for this purpose by the Trustees 1.10 Trustee means the trustees of the Scheme. 1.11 Vendor means the person, partnership or corporation named on the Sale entry form as the Owner of each Lot, provided however where an Owner is not named in the Entry Form the person who entered the horse for sale on behalf of the Owner shall be deemed to be the Vendor.
1.12 Qualifying Race means a 2YO Maiden, Nursery, Conditions, Group or Listed race as defined by the Relevant Horse Racing Authority in the country where the race has taken place. 1.13 Time shall mean Greenwich Mean Time. 1.14 Eligibility means acceptance of entry for each horse by the Auctioneers for the relevant Qualifying Sale as defined at Clause 1.2. Vendors 2.1 All Vendors at Breeze-Up sales in Ireland, UK and France are invited to participate in the scheme. 2.2 To confer eligibility on any horse, the Vendor must pay to the Scheme Administrator (Breeze-Up Bonus Fund) 500 (or equivalent thereof) per horse, which payment must be made by 5 p.m. on Friday 15 th January 2010 in the case of horses to be consigned to Goffs Kempton Breeze-Up sale and by 5pm on Friday 12 th February 2010 for horses to be consigned to all other Qualifying Sales. 2.3 The Scheme Administrator will produce a list of eligible horses as soon as practicable once the payment date specified at Clause 2.2 has passed and in any event not later than 5.00 p.m. on the day preceding each sale and only those horses therein will be eligible. Eligibility will be announced by the Auctioneers, and non-eligibility for those horses stated as eligible in the catalogue will be announced by the Auctioneers. It is a condition of eligibility that a horse has been catalogued. 2.4 The Auctioneers shall contribute and pay to the Scheme Administrator (Breeze-Up Bonus Fund) 150 (or equivalent thereof) per eligible horse to be consigned and offered for sale at their particular Qualifying Sale. In the event of withdrawal from a Qualifying Sale the Vendor shall pay the sum of 150 (or equivalent thereof) not later than the 1 st of July 2010 and in default thereof the lot/horse shall be ineligible for the Breeze Up Bonus Scheme. 2.5 The Auctioneers contribution as specified at Clause 2.4 shall be paid to the Scheme Administrator within 14 days of receipt by the Auctioneer of the relevant invoice from the Scheme Co-Ordinator
2.6 The payments specified at Clauses 2.2 and 2.4 are non-refundable upon payment to the Scheme Administrator save as set out in Clause 2.7. 2.7 In the event that a Vendor has paid the fee as specified at Clause 2.2 to confer eligibility on any horse and should that horse be refused entry to any Qualifying Sale then in that event the fee shall be refunded to the Vendor. The entitlement to a refund shall subsist so long as there are sufficient monies in the Breeze-Up Bonus Fund. If there are insufficient funds in the Breeze-Up Bonus fund to refund the full sum of 500 (or equivalent thereof) at the time when the claim for a refund is made, then such sum as remains in the Breeze-Up Bonus Fund shall be paid to the vendor concerned in full and final settlement of his right to a refund as defined herein. 2.8 Any lot which is declared as eligible for the scheme by the Scheme Administrator and which is unsold on the day remains eligible for the Scheme provided the sales entry fee, commission and any other relevant fee has been paid. Any Lot which is declared as eligible for the scheme by the Scheme Administrator and is withdrawn from the sale remains eligible for the scheme provided the Vendor has complied with Clause 2.4 and further provided that the sales entry fee, and any other relevant fee has been paid. In the event that any horse is withdrawn from the sale Notification of Withdrawal must be lodged and accompanied by a veterinary certificate to the satisfaction of the Auctioneers prior to the sale. 2.9 Any horse which has run in any race prior to the Qualifying Sale in which it is catalogued is not eligible for the Scheme. Purchasers 3.1 The Breeze-Up Bonus fund until expended shall be used to offer a Bonus 5,000 (or equivalent thereof) to winning Owners of a Qualifying Race. The Bonus payment shall be made to the registered owner of any eligible two-year-old winning its first two-year-old Qualifying Race after the Qualifying Sale, provided that the race is a Qualifying Race as defined. The Breeze-Up Bonus Fund until expended shall further be used to offer a second Bonus 5,000 (or equivalent thereof) to winning owners of qualifying races. The second Bonus payment shall be made to the registered owner of any eligible twoyear-old winning its second two-year-old Qualifying Race after the Qualifying Sale, provided that the race is a Qualifying Race as defined. The Bonus Scheme shall operate on a first in Time basis and shall terminate on the last day of December 2010 or on the date that the fund is paid out in full, whichever date shall first occur. The amount
comprising the bonus entitlement of any winning Owner shall be subject to variation in accordance with the terms of the 2010 Breeze-Up Bonus Scheme. 3.2 2YO Selling races and Claiming races as defined by the Relevant Horse Racing Authority in the country where the race has taken place, and any other 2YO race not categorised in Clause 1.12 are not eligible for any bonus under the Scheme. 3.3 In the event of any dispute as to the status of a race, or in relation to any of these Terms and Conditions such dispute shall be referred to Arbitration. The Arbitrator shall be appointed by the Trustees and shall have all the powers provided for an Arbitrator in the Arbitration Acts 1954 and 1980. Any decisions made by the Arbitrator shall be final and binding on all parties. 3.4 In the case of horses winning a race outside Ireland and Great Britain, a bonus payment will only be made where a claim for payment has been received by the Scheme Administrator, on the prescribed form, no later than 14 days after the race in question. Prescribed forms will be available from Weatherbys and the Auctioneers. 3.5 Each horse can win no more than two bonus payments. 3.6 Payment will be made to the winning Owner, as registered with a recognised racing authority at the time of the race in question. In the case of a horse owned jointly by more than one party, payment will be made to the registered representative of the Owners. The timing of the payment will normally be 28 days after the race in question, but at the Scheme Administrator s absolute discretion. 3.7 No Lot is deemed eligible for the Scheme until the Auctioneers have been paid the Purchase Price in full, together with relevant commission and entry fees. In the event of the full Purchase Price with relevant commission and entry fees not having been paid to the Auctioneers, no Bonus payment shall be paid to the Owner, nor shall any monies be retained on behalf of the Owner for payment when the Purchase Price with relevant commission and entry fees has been paid to the Auctioneers. If that horse wins a subsequent Qualifying race within the given period of the scheme, and if, at that time full payment of the Purchase price with relevant commission and entry fees has been made to the Auctioneers, and if the Scheme has not terminated, the relevant bonus will be payable to the Owner. 3.8 The Bonus Scheme shall operate on a first in Time basis and shall terminate on the last day of December 2010 or on the date that the fund is paid out in full, whichever date shall first occur.
3.9 In the event that two eligible horses dead heat in a particular qualifying race they are both deemed to be winners and shall each receive the appropriate bonus relevant to the category of the race, always provided that there are sufficient funds available. In the event of a dead heat where there are insufficient funds to pay each winner their bonus, but monies remain in the account, then the money remaining in the fund shall be shared equally between those horses. Any eligible horse that wins after the fund has expired cannot claim the bonus payment. 3.10 In the event that more than one eligible horse should win on the same date when there are insufficient funds to pay each winner their bonus the horse which wins first in Time shall take the entire bonus. 3.11 In the case where there are insufficient funds to pay a winner their bonus in full, but monies remain on account, then the money remaining in the relevant portion of the Breeze-Up Bonus fund, shall be paid out in full to the winner concerned in full satisfaction of their bonus entitlement pursuant to Clause 3.1 hereof. 3.12 In the event that there are surplus funds at 31st December 2010 then that surplus shall at the discretion of the Trustees be used to sponsor a 2YO race or races in the UK in 2011. 3.13 The Trustees have engaged Weatherbys as their Scheme Administrator in respect of the Scheme. The Scheme shall be administered by Weatherbys and the Trustees. Should any dispute arise between any Owner, Purchaser, or Vendor, the Trustees decision shall be binding on all parties. The Trustees reserve the right to change, amend or vary at any time, without notice, any detail, arrangement or condition pertaining to this incentive and eligibility and shall not incur any liability for any loss, damage, or expense howsoever arising which may be incurred by any purchaser or other interested party arising in any way whatsoever from their participation or involvement in this Scheme. In particular the sales companies and Weatherbys shall not in any circumstances be liable for any consequential loss incurred by any party. Law These Terms and Conditions are to be construed and shall take effect in accordance with Irish Law and the Irish Courts shall, unless the Trustees elect otherwise, have exclusive jurisdiction to hear and determine any action arising thereunder.