RACING CLUB TERMS & CONDITIONS
The Fairfax & Favor Limited Racing Club - Terms and Conditions
1. Interpretation
The following definitions and interpretations shall apply in these Terms and Conditions:
"Applicant": Those who sign up for the Membership Ballot.
"Organiser": Fairfax & Favor Ltd
“The Horse”: The single racehorse “Mayheblucky”
"Membership Ballot": The entry into a ballot for a single (one) yearly membership in the Fairfax & Favor Racing Club via the Fairfax & Favor website.
"Yearly Membership": A single (one) yearly membership in the Racing Club
"Start Date": 3rd August 2022
"End Date": 15th August 2022
"Purchase Date": 17th August 2022
"Membership Start Date": 1st September 2022
"Membership End Date": 31st August 2023
“Racing Club”: The group of successful and fully paid Applicants holding a Yearly Membership in the Horse.
These terms and conditions apply to the purchase process of a yearly membership in the Fairfax & Favor Racing Club relating to the Organiser’s ownership of the Horse.
2. Fairfax & Favor Racing Club Membership
2.1 Fairfax & Favor Racing Club Membership Benefits will include:
A certificate of Membership for the year.
A framed picture of the Racing Club’s Horse.
An exclusive pair of Racing Club Tassels.
A meet the Horse / Trainer day at Narford Hall (Fairfax and Favor HQ).
An invitation to a day at the gallops hosted by Billy Aprahamian Racing.
The chance to go racing as an “Owner” and enjoy the “Owner and Trainer” facilities.
Your share of any Prize Money.
Early access to some new products.
Access to the Racing Manager App to get regular updates on Mayheblucky.
2.2 Membership of the Racing Club will at no time confer any ownership (title) of the Horse. Title of the Horse at all times shall remain with the Organiser.
2.3 The Organiser shall have full discretion over the training / racing program for the Horse.
2.4 Racing Club Membership will be limited to two hundred (200) members who will be selected through the Membership Ballot.
2.5 The opportunity to go racing as an owner will only be for races in which the Horse is running and competing.
2.6 Racing Club Members will show their intent to be considered for an owner's badge by entering a ballot each time owners badges are available. Contact will be made through the Organiser’s Customer Service Team to notify members of race days as soon as they are agreed.
2.7 Each Applicant may only attend (one) event as an “Owner”. Only the successful Applicant may attend as an Owner, and Owner's badges are not transferable
2.8 The prize money shall be divided equally after other deductions for the Jockey of the Horse and Trainer's deductions. This shall be equal to one two-hundreth (1; 200th; 1/200) of the remaining prize money.
2.9 At the latest any prize money will be calculated by the end of the year following the Membership End Date.
2.10 Yearly Memberships are non-transferable.
3. Application for Membership of the Fairfax and Favor Racing Club
3.1 Applications for Membership to the Fairfax & Favor Racing Club must be made through the relevant Fairfax & Favor website page through “Membership Ballot” page.
3.2 Eligibility Criteria:
To be eligible for Membership Entrants must be:
Over 18 years of age as of the Start Date
The ballot is open to those who are resident in the UK: England, Scotland, Wales, Northern Ireland, the Channel Islands and the Isle of man, and/ or to those who have a BFPO address as of the Start Date
The ballot is open to those who are resident in Ireland
Applicants are eligible to hold a yearly membership in a Racehorse, and are not barred by law or otherwise from holding a yearly membership in the Horse
Applicants must satisfy all Eligibility Criteria to register in this Ballot as of the time of entry.
3.3 Any entry which does not meet the Entry Criteria will be considered invalid and will not be accepted or Membership revoked at the time the ineligibility is discovered. If the breach is discovered after payment of the membership fee no refund will be made.
3.4 Signing up for the entry in the Membership Ballot does not guarantee a yearly membership in the Racing Club.
3.5 Each Applicant may only enter once into the Ballot. No bulk, mass or third party entries will be accepted and duplicate / multiple entries will be ignored.
3.6 Each successful Applicant will be limited to the purchase of one (1) Yearly Membership in the Fairfax & Favor Racing Club.
3.7 All entries must be received between Start Date to the End Date inclusive. Any entries in the Membership Ballot outside this period will be disqualified.
3.8 The successful Applicants will be selected at random on the day after the End Date by the Organiser.
3.9 Those successful Applicants in the Membership Ballot will be sent an email notification with information on how to purchase their Yearly Membership through the Organiser's website which, for the avoidance of doubt, is www.fairfaxandfavor.com.
3.10 Unsuccessful Applicants will also receive notification detailing that they have been unsuccessful.
3.11 All notification emails will be sent on the day after the End Date. Applicants hold the responsibility to check their emails after submission of their Application following the End Date.
3.12 It is the Applicants responsibility to ensure that their email address is accurate at the time of entry no changes to the submitted email address will be permitted.
3.13 In the event of any dispute the Organiser’s decision is final.
3.14 Those Applicants who are successful in the Membership Ballot must purchase their yearly membership by the Purchase Date.
3.15 If a successful Applicant does not purchase a Yearly Membership by the Purchase Date the entitlement to purchase a membership will be lost and subsequent Applicants in the ballot will be contacted. No extension of the Purchase Date will be considered for any reason.
3.16 If Memberships remain unfilled at the Purchase Date Applicants who were unsuccessful in the original Membership Ballot will be contacted in the same random order.
3.17 Any Applicants who are offered the chance to purchase a Yearly Membership must complete the purchase and pay in full within 48 hours of the offer being made. For the avoidance of doubt please refer to 3.9 – 3.15 inclusive.
4. General
4.1 Submission and entry into the Membership Ballot will be taken as acceptance of these terms and conditions as final and binding. Entries which are not in accordance with the terms and conditions will be disqualified.
4.2 No responsibility is accepted by the Organiser for late or lost Applications and proof of sending an application is not proof of Entry.
4.3 It is the sole responsibility of the Applicant to check their email account by, on and after the Purchase Date.
4.4 The Organiser reserves the right to cancel, change, suspend or modify these terms and conditions at any time and for any reason with or without notice.
4.5 These terms and conditions are governed by English law and shall be subject to the exclusive jurisdiction of the English courts.
4.6 Neither the Organiser nor its employees or representatives shall be liable for any direct or indirect loss suffered as a result of any technical failure or malfunction or any other problem with any telephone network or line, system, server, provider or other matter outside its or their reasonable control which may result in any email or Application or notification being not properly registered or recorded, sent or lost.
4.7 The Organiser shall reguarly review these terms & conditions up until, and after the Purchase Date, and reserves the right to change these terms & conditions from time to time. These will be recorded on the Organiser's website
4.8 The invalidity or partial invalidity of any provision of these terms and conditions shall not prejudice or affect the remainder of these Ballot terms and conditions, which shall continue in full force and effect.
4.9 If any invalid, unenforceable or illegal provision of this agreement would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
4.10 The Organiser's failure to exercise, or delay in exercising, any right, power or remedy provided by these terms and conditions or by law shall not constitute a waiver of that right, power or remedy.
4.11 Notwithstanding any other provision in these terms and conditions no other person has any rights under the Contracts (Rights of Third Parties) Act 1999 to rely on or enforce any term of these terms and conditions. Nothing in these terms of conditions shall affect any right or remedy of a third party that exists or is available other than as a result of the aforementioned Act.
