Terms and Conditions CUP DREAMING 1. General Entry

1.1 Information on how to enter this Cup Dreaming promotion (the Promotion) form part of these terms and conditions (the Terms and Conditions).

1.2 The promoter is TAB Limited, 495 Harris Street, Ultimo, NSW, ABN 17

081 765 308 (the Promoter). 1.3 Entry is open to NSW residents over the age of 18 who are registered

participants of the NSW TAB’s Number 1 Club (an Eligible Participant).

1.4 By entering and/or participating in the Promotion, each Eligible

Participant agrees to abide by these Terms and Conditions.

1.5 Directors, officers and employees of (and contractors to) the Promoter and its related companies and their immediate family are not eligible to participate in the Promotion. For the purposes of these Terms and Conditions, “immediate families” means a spouse (including de facto), parent, sibling, child, grandparent, grandchild, or parent in law and includes stepparents and stepchildren and half siblings.

2. Term of Promotion

2.1 The Promotion commences at 12:01 AM (AEST) Thursday 13 September 2012 and ends at 5:00 PM (AEST) Tuesday 6 November 2012 (the Promotion Period).

2.2 The specific redemption and entry periods are different to the Promotion

Period. Eligible Participants should review clause 3 of these Terms and Conditions carefully for specific redemption and entry details and periods.

3. How to Enter

3.1 Overview

The Promotion consists of a “Redemption Process” (defined in clause 3.2) and a “Qualifying Process” (defined in clause 3.3).

3.2 The Redemption Process

(a) To enter the Promotion, an Eligible Participant must, during the Redemption Period, redeem (a Redemption) three thousand (3,000) Number 1 Club Points for a $5 bet (the Cup Reward).

(b) For the purposes of these Terms and Conditions, the “Redemption Period” means the period between 12:01 AM (AEST) Thursday 6 September 2012 and 5:00 PM (AEST) Sunday 7 October 2012.

(c) The Redemption must be made through

www.numberoneclub.com.au (the Number 1 Club Website).

(d) A maximum of five (5) Redemptions per Eligible Participant applies.

3.3 The Qualifying Process

(a) Eligible Participants who were successful in obtaining a Cup Reward will, for the purposes of these Terms and Conditions, be referred to as “Qualifiers”.

(b) On Thursday 11 October 2012 at 3:00 PM (AEST), the

Promoter will randomly draw a certain number of Qualifiers at the offices of the Promoter (the Cup Dreaming Draw) as per clause 3.3(c) below, and those Qualifiers will be allocated a horse, as per clause 3.3(d) below.

(c) The number of Qualifiers drawn will be equal to three times the

number of horses short listed in the First Declaration for the Melbourne Cup (the First Declaration). For example if there are 250 horses short listed in the First Declaration, then the Promoter will randomly draw 750 from the pool of Qualifiers in accordance with clause 3.3(b). For the purpose of these Terms and Conditions, the Qualifiers who are drawn in the Cup Dreaming Draw will be referred to as the “Draw Winners”, and “Melbourne Cup” means the 2012 Emirates Melbourne Cup scheduled to be run on Tuesday 6 November 2012.

(d) The allocation of horses will be drawn in the official ‘Order of

Entry’ of horses nominated in the First Declaration. Three Draw Winners will be allocated to each horse, before allocating the next horse. For example, the first, second and third Draw Winners will be allocated the first horse from the official ‘Order of Entry’ of horses nominated in the First Declaration, and the fourth, fifth and sixth Draw Winners will be allocated the second horse, and so on until all horses have been allocated.

(e) Each Qualifier will be allocated a maximum of one (1) horse.

However, if the number of Qualifiers is less than the number of horses short listed in the First Declaration, Qualifiers will be allocated an additional horse, up to a maximum of two (2) horses per Qualifier.

(f) In the event that any horses remain unallocated after the above

process has been exhausted, if the unallocated horse makes the Final Field (as defined in clause 4.1 below), the horse will be allocated in accordance with clause 11 below.

(g) On Friday 12 October 2012, each of the Draw Winners will be

notified by email of their allocated horse as determined by the process set out in clause 3.3(d). Draw Winners details (their first name and suburb only), together with their allocated horse, will also be published on the Number 1 Club Website from Friday 12 October, 2012.

4. Melbourne Cup Final Acceptances

4.1 On Saturday 3 November 2012, the final field of twenty four (24) horses for the Melbourne Cup will be finalised by the Victoria Racing Club (VRC) (the Final Field).

4.2 Draw Winners that were allocated a horse that is in the Final Field will

be notified by phone and email. For the purpose of these Terms and Conditions, these winners will be referred to as “Final Field Winners”.

4.3 The Final Field Winners’ details (name and suburb only) will be

published on the Number 1 Club Website from Monday 5 November, 2012.

4.4 In the event that a Final Field Winner has closed their NSW TAB

account between being notified they were allocated a horse after the Cup Dreaming Draw, and Saturday 3 November, 2012 when the Final Field is determined, that Final Field Winner will not be recognised as a Final Field Winner and a re-draw will be conducted in accordance with clause 11.

5. The Prize

5.1 Major Prize (a) Those Final Field Winner(s) that were allocated a horse that

finishes the Melbourne Cup in first (1st) place to tenth (10th) place (the Major Prize Winner/s) will win a certain number of

Number 1 Club points in accordance with the table below (the Major Prize(s)):

(b) For example, if a Final Field Winner is allocated the horse that

finishes in 1st place in the Melbourne Cup, he/she will receive a Major Prize equivalent to one-third of the dollar value of the prize awarded to the 1st place getter, which is $3,600,000. Therefore, the Major Prize awarded to the Final Field Winner that finishes 1st in the Melbourne Cup is 1,200,000 Number 1 Club Points.

(c) The Number 1 Club points will be deposited into the Major Prize

Winner/s TAB account within seven (7) days of the conclusion of the Melbourne Cup.

(d) For the avoidance of doubt, those Final Field Winners that were

allocated a horse that finishes the Melbourne Cup in eleventh (11th) to last place, or whose allocated horse is scratched prior to to/or during the Melbourne Cup, will not be entitled to any of the Major Prizes.

5.2 Total Prize Value

Minor Prize Pool (being the Cup Rewards) ($5 for each entrant, estimated at 1000 entries): $5,000.00 Major Prizes (value of 6,000,000 Number 1 Club Points): $15,000.00

Total Prize Pool: $20,000.00

5.3 Costs

All other costs associated with the Cup Rewards and Major Prizes (collectively referred to as “Prizes” for the remainder of these Terms and Conditions), including but not limited to any taxes, insurance, and other ancillary costs are the responsibility of the recipients of the Prizes (Recipients).

5.4 Prize Specific Conditions

(a) The Prizes must be taken as offered and cannot be varied or redeemed for cash. Prize values are GST inclusive, are in Australian dollars and are the recommended retail values as provided by the supplier and are correct at time of printing.

(b) In the event that a Major Prize Winner closes their TAB account

between being notified they are in the Final Field and the conclusion of the Melbourne Cup, that Major Prize Winner will not be entitled to the Major Prize until such time as they open a new NSW TAB account (they will have a maximum of 3 months to do so otherwise their Major Prize will be forfeited in accordance with clause 12).

6. Prize Winner Notification

Each Major Prize Winner will be notified by phone and email. Their details will also be published on the Number 1 Club website and in the Daily Telegraph on Friday 9 November 2012. The Promoter will use all reasonable endeavours to notify each Major Prize Winner that they have won a Major Prize by Friday 9 November 2012.

7. Tax Issues

Any taxes which may be payable as a consequence of the Recipients receiving a Prize are the sole responsibility of each Recipient. The Promoter encourages each Recipient to seek independent financial and tax advice about any tax implications that may arise from the Prize winnings.

8. Exclusion of Liability

8.1 Whilst the Promoter will use all reasonable endeavours to arrange the delivery of the Prize within 7 days of the Melbourne Cup, by entering this Promotion, the Winner acknowledges that circumstances beyond the control of the Promoter may prevent the delivery of the Prize by that date, or at all (including the failure by any Qualifier (including a Major Prize Winner) to notify the Promoter of any change of delivery address of the Prize). In such circumstances where the Promoter forms a reasonable belief that any delay or loss of the Prize has not been caused or contributed by the Recipient’s negligence, fraud or misconduct, the Promoter may (if circumstances permit) re-deliver the Prize to the Recipient.

8.2 To the extent permitted by law, the Promoter is not liable for any loss,

including, but not limited to, direct, consequential (including economic) or indirect loss or any loss of profits, by reason of any act or omission, deliberate or negligent, by the Promoter or their servants or agents, in connection with this Promotion or the arrangement for supply, or the supply or failure to supply, of any goods or services by any person to a Recipient.

8.3 Nothing in these Terms and Conditions affect, nor is intended to affect,

any rights that an Eligible Participant might have that are not able to be excluded under applicable Australian consumer protection laws.

9. Use of Personal Information / Marketing

9.1 The Promoter complies with the National Privacy Principles contained in the Privacy Act 1988 (Cth).

9.2 Any entries become the property of the Promoter. Any information

Eligible Participants provide will be used by the Promoter for the purpose of conducting this Promotion.

9.3 The Promoter may disclose Eligible Participants' personal information to

its contractors and agents to assist in conducting this Promotion or communicating with Eligible Participants.

9.4 By entering the Promotion, Eligible Participants consent to their

personal information being collected, used and disclosed by the Promoter, its agents, affiliates, related business companies, other companies associated with this Promotion, and business partners for any promotional activities, including the Eligible Participant's personal participation in reasonable promotional activities as requested by the Promoter, and any marketing and publicity purposes without any further reference, payment or other compensation to the Eligible Participant.

9.5 Eligible Participants’ consent includes authorising the Promoter, its

agents, affiliates, related business companies, other companies

associated with this Promotion and business partners to send the Participant future electronic messages including but not limited to, SMS, MMS, and email regarding any promotional, marketing and publicity activities.

9.6 Eligible Participants' personal information may be disclosed to State

and Territory lottery departments and Draw Winners' names published as required under the relevant lottery legislation. The Promoter will use reasonable endeavours to provide the Eligible Participant reasonable prior notice where their personal information is going to be disclosed to State and Territory lottery departments or published under lottery legislation. A request to access, update or correct any personal information should be directed to the Promoter at its address set out in clause 1.2 of these Terms and Conditions.

9.7 All Eligible Participants consent to the publication of their name and

suburb of residence (however their full address will not be published) and agree to participate in reasonable Promotion activities as requested by the Promoter.

9.8 For more information, refer to the Promoter’s Privacy Policy located on

the Promoter’s website. www.tab.com.au.

10. General Conditions

10.1 The Promoter, its employees, officers, agents, and its parent companies and subsidiaries are not responsible for and shall not be liable for:

(a) any condition caused by events beyond the control of the

Promoter that may cause the Promotion to be disrupted or corrupted;

(b) any injuries, losses (including, without limitation, loss of profits),

or damages of any kind caused by the Prize or resulting from acceptance, possession, use, or misuse of the Prize, or from participation in the Promotion or downloading material from tab.com.au; or

(c) any printing or typographical errors in any materials associated

with the Promotion. 10.2 The Promoter reserves the right to:

(a) cancel or suspend the Promotion, should the security, fairness, integrity, or proper operation of the Promotion be compromised in any way by way of any virus or bugs in the IT system used for this Promotion; unauthorized human intervention; or other causes beyond the reasonable control of the Promoter;

(b) disqualify any Eligible Participant who engages in offensive, illegal or objectionable conduct in respect of this Promotion;

(c) disqualify any Eligible Participant who tampers with the entry

process, or who submits an entry that is not in accordance with these Terms and Conditions;

(d) cancel, terminate, modify or suspend the Promotion in

accordance with any written directions given by any relevant government or regulatory authority to do so;

(e) request any Recipient of a Prize to provide proof of age, identity

or proof of residency at the nominated Prize delivery address.

10.3 In the case of the intervention of any outside agent or event which naturally changes the result or prevents or hinders it's determination, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strikes; the Promoter may in its absolute discretion cancel the Promotion or part of the Promotion and recommence it from the start on the same conditions subject to Australian law.

10.4 By entering this Promotion, Eligible Participants acknowledge that it is a

condition of accepting the Prize that they may be required to sign a legal release in a form determined by the Promoter and agreed to by the Eligible Participant, acting reasonably.

10.5 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 will make a decision regarding such situation. The Eligible Participant will have the right to request an internal review of the Promoter’s decision. Subject to any regulator direction to the contrary, the decision of the internal review will be final and binding.

10.6 In the event that any Recipient of a Prize is identified as a minor, self

excluded patron, involuntarily excluded patron or any other person who is in breach of these Terms and Conditions (the Refused Winner), the Promoter reserves the right to refuse to allow the Refused Winner to take part in, or receive, any or all aspects of the Prize, and the Promoter will notify any relevant regulator accordingly where required by law to do so.

11. Special Prize Draw

If, as at 10:00 AM (AEST) on Monday 5 November, 2012, one or more of the Final Field horses is not allocated to a Qualifier (for whatever reason), the Promoter will conduct a special prize draw amongst all Draw Winners

(excluding those Draw Winners that have already been allocated two (2) horses) at the offices of the Promoter at 10:15 AM (AEST) on Monday 5 November 2012 (the Special Prize Draw). If all Draw Winners have already been allocated the maximum of two (2) horses, then the Promoter will include all unsuccessful Qualifiers from the Cup Dreaming Draw in the Special Prize Draw. In the event that all Qualifiers were allocated the maximum of two (2) horses, the Promoter will include all Qualifiers in the draw who do not have a horse allocated to them that made the Final Field. Details (name and suburb only) of Eligible Participants who are allocated a Final Field horse in the Special Draw will be published on the Number 1 Club Website from 1:00 PM (AEST) on the day of the Special Prize Draw. They will also be contacted by phone and email.

12. Unclaimed Prize Draw

The Major Prizes will be awarded to the Major Prize Winners by way of an automated Number 1 Club Points transfer, whether or not the Promoter is able to contact the Major Prize Winner. Accordingly, there will not generally be any requirement for an Unclaimed Major Prize draw. However, if a Major Prize Winner closes his/her account between becoming a Final Field Winner on Saturday 3 November 2012, and the running of the Melbourne Cup, then the Major Prize Winner will have three (3) months in which to open a new NSW TAB account otherwise he/she will forfeit any rights to the Major Prize and an unclaimed prize draw will be conducted at 10:00 AM (AEST) Monday 11 February 2013 at the offices of the Promoter (the Unclaimed Prize Draw). For the purposes of the Unclaimed Prize Draw, all unsuccessful Qualifiers will be eligible and the Promoter will randomly draw a number of unsuccessful Qualifiers, equal to the number of Unclaimed Major Prize/s, and the unsuccessful Qualifiers drawn will be the winners of the Unclaimed Prize Draw (the Supplementary Winners) and will be notified by phone and email and will be announced in the Daily Telegraph on Wednesday 13 February 2013. The Supplementary Winners will be awarded their Major Prize within 7 days of the Unclaimed Prize Draw. For the avoidance of doubt, if more than one of the Major Prizes is to be the subject of the Unclaimed Prize Draw, the Major Prize of the highest value will be awarded to the first Qualifier drawn, the Major Prize of the second highest value will be awarded to the second Qualifier drawn and so forth, until all Major Prizes that have been unclaimed have been awarded.

13. Permit Numbers

Authorised under NSW Permit No. LTPS/12/08063