1 Keno Champions League Terms and Conditions VIC, NSW, ACT & QLD 1 General (d) These are the terms and conditions applicable to the rewards program known as Keno Champions League (Keno Champions League or KCL). Keno Champions League is operated by Tabcorp Investments No. 5 Pty Ltd, Keno (NSW) Pty Ltd, Tabcorp ACT Pty Ltd and Keno (Qld) Pty Ltd, jointly and severally (together, Tabcorp). The Venue and Participants agree to and will be taken to be bound by these terms and conditions, and the Participants will be taken to have given the privacy consents contained in these terms and conditions from the time of Registration or use any of the benefits arising from being a Participant of KCL (including claiming any Reward). These terms and conditions are separately for the benefit of, and are separately enforceable by, Tabcorp and, where applicable, the Service Provider. KCL will be offered between 6 November 2016 and 25 February 2017, or within any other such period as may be stated on the Website (Duration). 2 Definitions In these terms and conditions, unless otherwise provided, the following terms have the following meanings: Term Meaning KCL Dollars credits awarded to Venues as set out in these terms and conditions which a Venue may use to redeem Rewards throughout the Duration. Keno Champion a Keno Team Player nominated as the keno champion on the Registration. Keno Bonus Turnover the total sales amount generated from the sale of Keno bonus for a given period. Keno Mega Millions Turnover the total sales amount generated from the sale of Keno Mega Millions for a given period. Keno Racing Turnover the total sales amount generated from the sale of Keno Racing for a given period (only applicable for selected Queensland Venues). Keno Replay Turnover the total sales amount generated from the sale of Keno replay for a given period.
2 Term Meaning Keno Secondary Champion a Keno Team Player nominated as the keno secondary champion on the Registration. Keno Target Areas each of the following is a keno target area for the purpose of earning Points in the Keno Champions League: Keno Turnover; Keno Replay Turnover; Keno Bonus Turnover (not applicable to venues in the Australian Capital Territory); Keno Racing Turnover (only applicable to selected Queensland Venues); and Keno Mega Millions Turnover (only applicable to venues in New South Wales from product launch). Keno Team Player a Participant nominated as a keno team player on the Registration. Keno Turnover the total sales amount generated from the sale of all Keno products (including Keno bonus, Keno racing, Keno replay and Keno mega millions, as applicable) for a given period. Participant owners, managers or operators of Venues that meet the eligibility, registration and participation criteria in clause 3 of these terms and conditions. Performance Percentage the percentages by which each Keno Target Area (as applicable) has increased or decreased for a Venue for a given Period, calculated as follows: (Venue s turnover for the Keno Target Area for the Period - the Rolling Average Amount) x 100% (Rolling Average Amount) Period every four week period throughout the Duration. The specific dates of each Period will be set out on the Website. Points points awarded to a Venue under the Keno Champions League program as set out in clause 5 of these terms and conditions. Quiz a Keno quiz comprising a series of questions about Keno brand and products distributed by Tabcorp at the commencement of each Period via or by other means as notified by Tabcorp from time to time. Register / Registration registration of a Venue and each Participant for Keno Champions League, completed by the Venue manager or owner and successfully submitted via the Website.
3 Term Meaning Related Body Corporate has the meaning it is given in the Corporations Act 2001 (Cth). Reward any benefit or reward offered as part of Keno Champions League including, but not limited to, those set out in clause 6 of these terms and conditions. Rolling Average Amount the Venue s average turnover for each Keno Target Area (as applicable), calculated by Tabcorp using past turnover figures for a similar period; or in the case of the Keno Mega Millions Turnover, the target set by Tabcorp and notified to each NSW Venue. Service Provider Zinc Group Pty Ltd ABN Venue a venue offering any Keno product pursuant to an agency agreement between that venue and Tabcorp. Website 3 Eligibility, Registration and participation in KCL To be eligible to participate in KCL a Participant must: (d) (e) (f) (1) be an individual; (2) be an owner, manager or operator of a Venue; (3) meet any other eligibility criteria posted on the Website from time to time; and (4) have been Registered for KCL. Only one Registration is permitted per Venue. More than one operator and manager can Register under one Venue. A Participant can Register under more than one Venue. By Registering, each Participant confirms they have full permission and authority to participate in KCL on behalf of their respective Venue. Each Participant agrees that it will: (1) not intentionally give Tabcorp any incorrect or incomplete information and will correct any incorrect or incomplete information if it becomes aware of it as soon as reasonably practicable; (2) notify Tabcorp of any change in their personal details or Venue details as soon as reasonably practicable;
4 (g) (h) (3) not in any way sell, barter, attempt to transfer or otherwise deal with any benefits (including Rewards) associated with being a Participant; (4) not otherwise abuse or misuse any benefits accorded to it in connection with KCL; (5) not engage in conduct which is illegal, or which might reasonably be expected to bring Tabcorp, KCL or the Service Provider into disrepute; (6) comply at all times with all applicable responsible gambling codes of conduct; (7) not intentionally or recklessly engage in conduct which is in breach of these terms and conditions; (8) give Tabcorp such information as Tabcorp reasonably requests in order to verify any of the Participants entitlements associated with KCL within the time frame requested. Acceptance of a Participant s registration, together with a Participant s ongoing participation in KCL, will be at Tabcorp s sole discretion. Any benefits associated with being a Participant (including Rewards) are not transferable, even in the event of the death of a Participant. 4 Cancellation of participation and Program termination (d) (e) (f) (g) Tabcorp may terminate a Participant s ability to participate in KCL, without notice, for any reason including without limitation, if the Participant: (1) ceases to meet the eligibility criteria in clause 3 of these terms and conditions; (2) breaches these terms and conditions; (3) abuses any benefit accorded to the Participant under KCL; (4) supplies any misleading information or makes any misrepresentations to Tabcorp or the Service Provider; (5) breaches a term of a contract to which Tabcorp or any Related Body Corporate of Tabcorp is a party; (6) is notified by Tabcorp or any Related Body Corporate of Tabcorp that a contract between the Participant and Tabcorp or any Related Body Corporate of Tabcorp is terminated; or (7) ceases to be employed by the Venue, for any reason whatsoever. A Venue and its Participants will cease to be eligible to participate in KCL and receive or claim any Rewards if the Venue closes or ceases to offer Keno products. A Participant may terminate their participation in KCL at any time by giving Tabcorp 7 days written notice in accordance with these terms and conditions. A Participant will no longer be eligible to receive or claim any Rewards if the Participant s ability to participate in KCL is terminated, for any reason whatsoever, or if KCL is suspended or terminated. Tabcorp does not guarantee that KCL will continue indefinitely, remain on foot for the Duration, or that it will always be managed by Tabcorp. Tabcorp may suspend or terminate KCL at any time, in its absolute discretion, without prior notice. Each Participant agrees that Tabcorp will not be liable for any loss or damage whatsoever (including any Reward) which a Participant or anyone else may suffer as a result of the suspension or termination of KCL or the termination of a Participant s ability to participate in KCL. In the event that a Participant moves Venues during the course of the Program, that Participant will not be eligible for any Rewards associated with their original Venue.
5 5 Earning Keno Champions League Points (d) (e) (f) (g) (h) (i) (j) A Venue is only eligible to earn Points for a given Period if the Keno Champion, Secondary Keno Champion or the Venue manager or owner: (1) completes the Keno Quiz until they achieve 100%, within the time frame notified by Tabcorp; (2) successfully completes any point of sale focus activities distributed to a Venue throughout the Duration, in accordance with Tabcorp s instructions; and (3) fulfils any other qualifying activities required for a Period and notified by Tabcorp from time to time, (together, Point Qualifiers). A Venue that does not satisfy the Point Qualifiers for a given Period will be disqualified from earning Points in respect of that Period. A Venue disqualified from earning Points in respect of a Period will still be ranked as set out in these terms and conditions. Venues will be eligible to earn Points throughout the Duration as set out in these terms and conditions and on the Website. Venues will be grouped into leagues by Tabcorp for the purposes of KCL and will remain in their allocated leagues for the Duration. The criteria for the leagues and allocation of Venues to leagues is at Tabcorp s absolute discretion and Tabcorp s decision in this regard is final and non-negotiable. A Venue s league will be determined by: (1) the State in which it is based; (2) the particular Keno products available to be purchased at the Venue; and (3) the size and nature of the Venue. Each Period, the Venues within each league: (1) in Victoria, NSW and QLD, will be ranked according to their Performance Percentage for each applicable Keno Target Area for that Period; (2) in ACT, will be ranked according to their results in Keno Turnover and Keno Replay Turnover for that Period, and allocated Points based on the Venue s ranking against other Venues within its league. The top performing Venue for each applicable Keno Target Area within each league will be allocated 100 Points and the allocation of Points will then drop in units of two Points for each ranking, as detailed in the table in Annexure 1 to these terms and conditions. The Points awarded to a Venue in each Period and the Venue s ranking within its league will determine which Venues will be awarded the Period Prizes and Major Prize, as set out in clause 6 of these terms and conditions. Throughout the Duration, Tabcorp may, in its absolute discretion, offer additional activities which allow Venues to earn bonus Points. These bonus Point activities and the relevant terms and conditions, will be detailed on the Website or directly to the Venue, from time to time. Tabcorp is under no obligation to alert Venues to the availability of a bonus Point activity. Tabcorp will not be liable for any delays in the allocation of Points. To the extent that Points have been allocated to a Venue: (1) in connection with a breach of these terms and conditions; or (2) otherwise incorrectly, including as a result of an error on the part of Tabcorp, Tabcorp may adjust the Venue s Points balance to the extent necessary to address the breach or error (as applicable).
6 (k) (l) (m) Points are solely a unit of measurement adopted by Tabcorp and the Service Provider for the purposes of KCL. Points allocated to a Venue are not the property of the Venue or any Participant, do not form any contractual right and are non-transferable to any other person or entity. Points or KCL Dollars have no monetary value, cannot be redeemed for cash and cannot be purchased. If an event occurs which Tabcorp determines, in its sole discretion, has or will have a positive or negative impact on the Performance Percentage of a Venue, Tabcorp may exercise its discretion to allocate Points to the affected Venues on a basis different to the one set out in these terms and conditions. 6 Rewards The types of Rewards available to the Venues or Participants, as the case may be, throughout the Duration are set out below. The actual prizes offered as Rewards and available at a given time are set out on the Website and are subject to the conditions set out in clause 7 of these terms and conditions. Period Prizes At the end of every Period, the Points accrued by each Venue in each applicable Keno Target Area will be tallied to determine the total number of Points earned by each Venue in that Period. The 5 Venues in each league with the highest total number of Points for that Period will each earn KCL Dollars (as set out on the Website) in respect of that Period. Spot Prizes Throughout the Duration, each Business Development Manager may, in their sole discretion, award a Spot Prize or KCL Dollars to a Participant of a Venue within the Business Development Manager s State or area. Major Prizes At the end of the Duration, the Points accrued by each Venue in each applicable Keno Target Area throughout the Duration will be tallied to determine the number of Points earned overall by each Venue throughout the Duration (Overall Points). The Venues in each league will then be ranked based on their Overall Points and the top 5 ranking Venues will earn KCL Dollars (as set out on the Website). 7 Reward redemption Rewards are subject to availability. Tabcorp or the Service Provider may make any changes (including withholdings and cancellations) to Rewards and their availability from time to time in their absolute discretion. Changes will be advised on the Website. Tabcorp or the Service Provider will endeavour to deliver Rewards within 28 days, or an alternative time frame listed on the Website. Rewards may be subject to the specific terms and conditions on which the provider of the Reward makes the Reward available. If there is any inconsistency between the specific terms and conditions and these terms and conditions, the specific terms and conditions prevail. A Venue redeeming a Reward, and all Participants and other Venue staff, must comply with the specific terms and conditions of a Reward and acknowledge that once a Reward is redeemed, all correspondence regarding the Reward must be directed to the provider of the Reward and not Tabcorp or the Service Provider. (d) Participants must bring any discrepancies with the Rewards received to Tabcorp s attention within 7 days of receipt of the Reward.
8 It is the responsibility of the Participant and its respective Venue, and not Tabcorp, to declare and pay any tax to the Australian Taxation Office in connection with the Rewards and benefits the Participant has obtained under KCL. The Participant indemnifies and will keep Tabcorp indemnified against any liability for any tax and any interests, penalties or costs in connection with any tax payable in connection with the Rewards and benefits the Participant has obtained under KCL. 10 Limitation of liability To the extent permitted by law, Tabcorp will not be liable for any monetary loss or damage except to the extent that the loss or damage results from Tabcorp s gross negligence, fraud or wilful act or omission. Where permitted by the law to do so, Tabcorp excludes liability to the Participant for any direct or indirect loss, damage or expense regardless of whether the same arose from negligence, breach of contract or otherwise and regardless of whether Tabcorp has any control over circumstances giving rise to the claim or not. 11 Changes to KCL Tabcorp reserves the right to amend these terms and conditions at any time. Changes may include (but are not limited to) changes to: (1) the Rewards available; (2) the way Venues accumulate Points; and (3) the duration, start and end dates of KCL. Changes to these terms and conditions may be made even if they affect Points that Venues have already earned. Each Participant agrees that Tabcorp will not be liable for any loss or damage whatsoever which a Participant or anyone else may suffer as a result of an amendment to these terms and conditions. 12 Notices An electronic communication from a Participant or Tabcorp will satisfy any requirement for a written communication, including for a written notice, under these terms and conditions. Any electronic communication sent will be taken to be received on the next business day, provided it has been sent to the address provided by the Participant or sent via the Website to Tabcorp. Any postal communication will be taken to be received 3 business days after posting to the recipient s address. It is the Participant s responsibility to ensure that its contact details are current at all times. Tabcorp and the Service Provider take no responsibility for delays or non-receipt of information due to the Participant s failure to maintain correct contact information with Tabcorp. 13 Final decision In the event of a dispute of any kind regarding the Program or these terms and conditions, Tabcorp will be the sole and final arbitrator. 14 Waiver
9 A waiver of any provision of, or right under these terms and conditions: (1) must be in writing signed by the party granting the waiver; and (2) is effective only to the extent set out in the written waiver provided under paragraph (1) above. 15 Severability If any provision of these terms and conditions is deemed to be void or unenforceable that provision shall be read down to the extent necessary to make it valid and enforceable and, to the extent that it cannot be so read down, shall be deemed to be severed from these terms and conditions. 16 Governing law These terms and conditions are governed by and will be construed in accordance with the laws in force in the State of Victoria, Australia and the parties agree to submit to the non-exclusive jurisdiction of courts of the State of Victoria.
10 Annexure 1 Performance Percentage Points and Ranking Rank Points Rank Points >