The following words shall have the meanings set out below
the business of forming, marketing and managing racehorse syndicates as carried on by the company under the trading name TopSpeed Thoroughbreds
TopSpeed Thoroughbreds (company no: 12932203)
general terms and conditions
the terms and conditions set out in this document which govern all syndicates.
horse or racehorse
any horse acquired or leased by the company.
all industrial and intellectual property rights now or subsequently owned by or licensed to the company (including without limitation) domain names, patents, trade marks and service marks (whether registered or unregistered), registered designs, unregistered designs and copyrights (and any applications for any of the same) which are used in connection with the business and all confidential information so owned and used.
all such persons who own shares in the same horse either leased or owned by such persons. The term “Member” shall relate to one person in such a syndicate.
means an equal division of the ownership of a racehorse as determined by the company at its absolute discretion.
Where shares are equity shares this will be clearly displayed on the syndicate page and also the cost breakdown section where the value allocated to the equity.
TopSpeed thoroughbreds will be the sole party responsible for assigning the value at anytime for the horse
a racehorse syndicate formed, marketed or managed by the company for the purpose of the business.
syndicate terms and conditions
all such terms and conditions issued by the company that govern one specified syndicate alone and are described by the company as being specific to that syndicate.
Terms and Conditions
means both the general terms and conditions and syndicate terms and conditions in relation to any one syndicate.
The company carries on the business of forming, marketing and managing racehorse syndicates and the raising, selling, running of racehorses under the name of TopSpeed Thoroughbreds.
The Terms and Conditions form the basis of the contract between the company and the Member. An application by a person to join a syndicate shall be deemed to be an offer to become a Member pursuant to the Terms and Conditions and such application shall only be deemed to be accepted when the company issues a written acknowledgement (such as the issuing of a certificate of ownership) confirming that the person is a Member and that the syndicate has been formed.
The failure by the company to enforce at any time or for any period any one or more of the Terms and Conditions shall not be a waiver of them or of the right at any time subsequently to enforce any or all Terms and Conditions.
Super Supporters are defined as those members who have purchased a share in every single racing syndicate that TopSpeed Thoroughbreds has currently active.
Super Supporters get the following additional benefits:
An annual open day just for Super supporters and they will be permitted to bring 1 guest
48 hours advanced access to any new syndicates
RACE PRIZE MONEY / TROPHIES
AT THE END OF THE SYNDICATE TERM
Where the syndicate for an equity share has come to an end the following procedures will apply:
1- If the syndicate is being reformed then existing equity shareholders will be able te renew their share (often at a lower cost as the capital element has already been paid)
2- Where a syndicate is reformed and the member does not wish to continue then TopSpeed will endeavor to sell this hare including the capital element at the value assigned by TopSpeed. If this share is successfully sold then the member will receive the value of the capital minus a 10%.
3- Where this share is not sold then TopSpeed will stand in to cover the share and the capital value will be set as £0 by default
VOTING / DECISION MAKING
If at any time one or more of the provisions of these Terms and Conditions becomes invalid, illegal or unenforceable under any law or is held by a court to be invalid, illegal or unenforceable, the validity and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby.
The company reserves the right at its discretion to amend or vary the Terms and Conditions from time to time and will supply Members with copies of the latest revised version which shall apply with effect from the date stated in that latest version.
LAW AND JURISDICTION
The contract (including for the avoidance of doubt the Terms and Conditions) shall be governed by and construed in all respects in accordance with the laws of England, and the Member and the company hereby agree to submit to the exclusive jurisdiction of the English Courts.
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
1. Eligibility: This Campaign is open only to those who sign up at the https://givelab.com/topspeedgiveaway21/win-a-racehorse-in-our-300-000-giveaway and who are 14 as of the date of entry. The Campaign is only open to legal residents of legal trading partners of the United Kingdom, and is void where prohibited by law. Employees of Topspeed Thoroughbreds, its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in the Campaign. The Campaign is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
2. Agreement to Rules: By participating, the Contestant (“You”) agree to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of Topspeed Thoroughbreds as final and binding as it relates to the content of this Campaign.
3. Campaign Period: Entries will be accepted online starting 01/26/2022 12:00 AM and ending on 02/11/2022 12:00 AM. All online entries must be received by 02/11/2022 12:00 AM.
4. How to Enter: The Campaign must be entered by submitting an entry using the online form provided at https://givelab.com/topspeedgiveaway21/win-a-racehorse-in-our-300-000-giveaway. The entry must fulfill all Campaign requirements, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Topspeed Thoroughbreds. Optional verbiage to include: You may enter only once. You must provide the information requested. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules. If You use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of Topspeed Thoroughbreds.
5. Prizes: The Winner(s) of the Campaign (the “Winner”) will receive FREE SHARE in a Topspeed Thoroughbreds Syndicate. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by Topspeed Thoroughbreds. No cash or other prize substitution shall be permitted except at Topspeed Thoroughbreds discretion. The prize is nontransferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted. Acceptance of prize constitutes permission for Topspeed Thoroughbreds to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
6. Odds: The odds of winning depend on the number of eligible entries received.
7. Winner Selection and Notification: Winner will be selected by Random Allocation under the supervision of Topspeed Thoroughbreds. Winner will be notified by Email within five (5) days following selection of Winner. Topspeed Thoroughbreds shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the prize within 30 Days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected. Receipt by Winner of the prize offered in this Campaign is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT Topspeed Thoroughbreds‘S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CAMPAIGN, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
8. Rights Granted by You: By entering this content (e.g., photo, video, text, etc.), You understand and agree that Topspeed Thoroughbreds, anyone acting on behalf of Topspeed Thoroughbreds, and Topspeed Thoroughbreds’s licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Campaign, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes. without any further compensation, notice, review, or consent. Optional verbiage for Contests: By entering this content, You represent and warrant that your entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, You will be disqualified at the sole discretion of Topspeed Thoroughbreds. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, You shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless Topspeed Thoroughbredsfrom and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Topspeed Thoroughbreds may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
9. Terms & Conditions: Topspeed Thoroughbreds reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Campaign should virus, bug, non-authorized human intervention, fraud, or other cause beyond Topspeed Thoroughbreds’s control corrupt or affect the administration, security, fairness, or proper conduct of the Campaign. In such case, Topspeed Thoroughbreds may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Topspeed Thoroughbreds. Topspeed Thoroughbreds reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Campaign or website or violates these Terms & Conditions. Topspeed Thoroughbreds has the right, in its sole discretion, to maintain the integrity of the Campaign, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Campaign rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Campaign may be a violation of criminal and civil laws. Should such attempt be made, Topspeed Thoroughbreds reserves the right to seek damages to the fullest extent permitted by law.
10. Limitation of Liability: By entering, You agree to release and hold harmless Topspeed Thoroughbreds and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Campaign and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.
11. Disputes: THIS Campaign IS GOVERNED BY THE LAWS OF United Kingdom AND Cheshire, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Campaign, participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Campaign, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Cheshire having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Campaign). Participant further waives all rights to have damages multiplied or increased.
13. Sponsor: The Sponsor of the Campaign is Topspeed Thoroughbreds .
14. Facebook: If you use Facebook to communicate or administer a contest or sweepstakes, include the following: The Campaign hosted by Topspeed Thoroughbreds is in no way sponsored, endorsed, administered by, or associated with Facebook.
15. By participating in the contest, You, the Contestant, have affirmatively reviewed, accepted, and agreed to all of the Official Rules & Regulations.