Who receives a VOBIS Gold Bonus?
1. Subject to these terms and conditions, Racing Victoria will pay the applicable VOBIS Gold Bonus to the owner(s), trainer and jockey of a horse that places 1st, 2nd or 3rd in a programmed VOBIS Gold Bonus Race, subject to the satisfactory outcome of any Racing Victoria swab or inquiry procedure
Distribution of VOBIS Gold Bonuses
2. (1) Subject to Condition 2(2), the total VOBIS Gold Bonus for a VOBIS Gold Bonus Race is allocated as follows:-
Place in Race Percentage of Bonus
(2) If there is a dead-heat for a 1st, 2nd or 3rd place in a race which carries a VOBIS Gold Bonus:
(i) the applicable VOBIS Gold Bonus will be the aggregate of the amounts which would have been the applicable VOBIS Gold Bonuses for the owners, trainers and jockeys of the horses which dead-heated had they finished in successive places, divided by the number of horses which dead-heated for that place; and
(ii) If one or more of the horses which dead-heated did not qualify for a VOBIS Gold Bonus, the VOBIS Gold Bonus payable in respect of the horse or horses which dead-heated and were so qualified, shall be calculated on the basis that each of the horses which dead-heated, qualified for payment of the VOBIS Gold Bonus.
ELIGIBILITY AND FEES
3. (1) Any horse that is nominated for Super VOBIS can be nominated for VOBIS Gold providing that the Super VOBIS Nomination Fee has been paid.
(2) The VOBIS Gold Nomination Fee is $1,100 inclusive of GST.
(3) The VOBIS Gold Nomination Fee may not be paid by sales deduction.
The VOBIS Gold Owner
4. For the purposes of the payment of a VOBIS Gold Bonus, the VOBIS Gold Owner of a VOBIS Gold nominated horse is the person who is the owner of that horse, as defined in Racing Victoria’s Rules of Racing.
Payment of VOBIS Gold Bonuses
5. (1) VOBIS Gold Bonuses will be paid with race Stakesmoney, and in the following manner: 85% Owner(s), 10% Trainer, 5% Jockey. In the event there are multiple owners, payment will be split between the owners in accordance with their ownership percentages at the date and time of the start of the race.
(2) If the horse is subject to a lease, Racing Victoria may, in its absolute discretion, direct that the owners’ percentage of the VOBIS Gold Bonus be paid to the managing lessee, who is then responsible for distributing the VOBIS Gold Bonus to the other lessees in accordance with their percentage share of the lease. Racing Victoria is not responsible for any mismanagement or unlawful appropriation of a VOBIS Gold Bonus if it is paid to a managing lessee.
6. (1) No interest will be payable by Racing Victoria in relation to the payment of a VOBIS Gold Bonus.
(2) The amount of the VOBIS Gold Bonus calculated shall be increased by the amount of any GST payable by the owner(s), trainer or jockey, provided that the owner(s), trainer or jockey have completed and provided their ABN/GST declaration to Racing Victoria.
7. Each VOBIS Gold Form must be signed by:
(a) the person named as Nominator on that form; or
(b) the Nominator’s duly authorised agent.
If a person signing the VOBIS Gold Form is not the person named as VOBIS Gold Nominator, the person signing declares to Racing Victoria that he or she is duly authorised to sign the VOBIS Gold Form as the agent of the Nominator. Agents may not list themselves as the Nominator unless permitted to do so in writing.
8. Racing Victoria is not obliged to inquire into whether:
(a) a person has the right to be named as VOBIS Gold Nominator on a VOBIS Gold Form, or
(b) an agent is duly authorised to sign on behalf of the VOBIS Gold Nominator.
9. A person named as VOBIS Gold Nominator on a VOBIS Gold Form and each person who represents himself or herself as agent of that person, fully indemnifies and holds harmless Racing Victoria and its servants against all claims, actions, demands, proceedings, liabilities, damages, amounts, costs and expenses (including legal costs and disbursements) whatsoever and howsoever arising, paid, suffered or incurred directly or indirectly as a result of or in connection with:
(a) the agent of the Nominator not being duly authorised to complete or sign the VOBIS Gold Form or make any request in relation to the VOBIS Gold Form provided to Racing Victoria;
(b) any horse named on the VOBIS Gold Form not falling within an Eligibility Category or being VOBIS Gold Nominated; or
(c) any of the facts or statements inserted or made in any VOBIS Gold Form or any request made in relation to the VOBIS Gold Form being incorrect in any way.
10. Each VOBIS Gold Nominator named on a VOBIS Gold Form, with his or her knowledge, and each person who signs a VOBIS Gold Form represents and warrants to Racing Victoria that each horse named on the VOBIS Gold Form falls within the Eligibility Category specified on that Form. If that representation and warranty is false, regardless of whether the VOBIS Gold Nominator or signatory believed it to be true, the VOBIS Gold Nominator and the signatory shall jointly and severally be liable to
(a) pay Racing Victoria the sum of $2,000 (or such smaller sum as determined by Racing Victoria); and
(b) to refund all VOBIS Gold Bonuses which have been paid in relation to the horse named on that VOBIS Gold Form.
No further VOBIS Gold Bonuses shall be paid in relation to that horse.
11. Racing Victoria is entitled to
(a) use each VOBIS Gold Form and the information contained in it for any purpose; and
(b) provide any VOBIS Gold Form or disclose any of the information contained in it to any person.
12. Once signed, the VOBIS Gold Form is a binding agreement between Racing Victoria and the Nominator. All nomination fees due are to be paid at the time of nomination.
VOBIS Gold Premier Race Series
Only horses that are VOBIS Gold nominated are eligible for the VOBIS Gold Premier Race Series..
For more information on the series please email firstname.lastname@example.org or go to owner.racing.com
13. Racing Victoria in its sole and absolute discretion may, at any time, waive or modify a requirement of one or more of the VOBIS Gold Terms & Conditions in a particular instance or instances and may require as a condition of doing so that additional requirements be met.
14. Notwithstanding anything contained in these VOBIS Gold Terms & Conditions, Racing Victoria has the power to determine in its sole and absolute discretion, a person’s entitlement to be named as VOBIS Gold Nominator on a VOBIS Gold Form and entitlement to any VOBIS Gold Bonus.
15. (1) Racing Victoria
(a) takes no responsibility for determining whether a horse falls within an Eligibility Category or is VOBIS Gold Nominated and has no obligation to inquire into or advise as to whether a horse falls within an Eligibility Category or is VOBIS Gold Nominated; and
(b) is not liable to any person in any way if it incorrectly states that, a horse is or is not within any Eligibility Category.
(2) Racing Victoria:
(a) has no obligation to notify any person (other than a VOBIS Gold Nominator or a VOBIS Gold Owner upon request) that a horse has been nominated for VOBIS Gold or is VOBIS Gold Nominated; and
(b) is not liable to any person (including the VOBIS Gold Nominator) in any way for failure to make that notification.
(3) These VOBIS Gold Terms & Conditions may be amended by Racing Victoria, without notice at any time, including but not limited to reducing the number and size of VOBIS Gold Bonuses, altering the Nominator's Fees and altering the definitions of the Eligibility Categories. Racing Victoria shall not be liable in any way if these Terms & Conditions are amended.
(4) All persons named as VOBIS Gold Nominators agree by submitting a VOBIS Gold Form for themselves and on behalf of persons whose claims arise through them to be bound by these VOBIS Gold Terms & Conditions, as amended from time to time, and release Racing Victoria from any claims in relation to the matters dealt with by Conditions 15(1), 15(2) and 15(3) and 17.
16. Racing Victoria may delegate to a sub-committee, appoint or employ any person to undertake, or assign its role or any aspect of its role in relation to VOBIS Gold.
17. Racing Victoria may terminate VOBIS Gold at any time. Neither Racing Victoria nor any other person or sub-committee assigned or delegated a role or appointed or employed in relation to VOBIS Gold by Racing Victoria in accordance with Condition 16 above, shall be liable to any person in any way if VOBIS Gold is terminated.
18. No refund, in full or in part, of a Nominator's Fee, is payable except in the following circumstances:-
(a) If Racing Victoria terminates VOBIS Gold, Racing Victoria shall determine and refund to those VOBIS Gold Nominators determined by it, the proportion (if any) of the balance of the fees paid to it in respect of VOBIS Gold after deducting expenses incurred in respect of VOBIS Gold, liabilities (contingent or otherwise) incurred in respect of VOBIS Gold and VOBIS Gold Bonuses paid or liable to be paid by it which it in its sole and unfettered discretion thinks is appropriate;
(b) If any VOBIS Gold Form is rejected by Racing Victoria (which it may determine to do in its sole discretion at any time on or before the commencement of the horses 2YO Racing Year without having or giving any reason, therefore), any fee paid in respect of a horse nominated on the VOBIS Gold Form shall be refunded in full; or
(c) If the horse dies prior to 30 June in the year in which the horse became a yearling.
19. All references to Racing Victoria in these VOBIS Gold Terms & Conditions shall be construed as including references to the Board of Racing Victoria, Racing Victoria’s officers and agents and every person, committee, board and organisation to whom or which any aspect of Racing Victoria’s role has been directly or indirectly delegated or assigned or by whom any aspect of Racing Victoria’s role has been undertaken.
1. These VOBIS Gold Terms & Conditions are subject to the Rules of Racing Victoria.
21. In these Terms & Conditions:-
(1) “Eligibility Category” means Eligibility Category A, Eligibility Category B and Eligibility Category C defined in Condition 4 of the Super VOBIS Terms & Conditions which can be accessed at owner.racing.com
(2) "GST” means a tax that is payable or imposed as goods and services tax under the GST law as defined in the GST Act.
(3) "GST Act" is the Act of Parliament titled A New Tax System (Goods and Services Tax) Act 1999.
(4) “Racing Victoria” means Racing Victoria Limited (ACN 096 917 930).
(5) "Racing Year" means 1 August to 31 July in the next year.
(6) "Stakesmoney" means money only (excluding VOBIS Gold Bonuses) and does not include cups, trophies or any material gain or benefit capable of being valued in money earned by a horse from whatever source for any person.
(7)"TAB race" is a race in which the off-course totalisator is authorised to conduct betting.
(8) "VOBIS Gold" means the scheme governed by these Terms & Conditions, as amended from time to time.
(9)"VOBIS Gold Bonus" means the VOBIS Gold Owner's Bonus.
(10) “VOBIS Gold Bonus Race” is a TAB race that is programmed and advertised as a VOBIS Gold Bonus Race on the rv.racing.com website
(11)"VOBIS Gold Form" means a form approved by Racing Victoria for applying to Racing Victoria to register a horse for the VOBIS Gold scheme.
(12) “VOBIS Gold Nominated” means a horse that is fully paid and nominated for Super VOBIS and fully paid and nominated to VOBIS Gold.
22. In these Terms & Conditions:-
(1) Headings are for ease of reference and do not form part of or affect the construction of these Terms & Conditions.
(2) Other parts of speech of defined terms have corresponding meanings.
(3) The singular includes the plural and vice versa and words importing a gender include other genders.
(4) “Includes” in any form is not a word of limitation.