Breeders' Cup Foal Nomination Terms and Conditions
Please read the following before you proceed with your foal nominations:
The person submitting this nomination online represents that he or she is authorized to enter into the agreement below on behalf of the owner/nominator. Owner/Nominator hereby acknowledges that the nominating entity listed as the ‘Owner/Nominator’ shall receive the eligible number of votes as it pertains to the nomination and election of candidates to the Breeders’ Cup Members.
As between the Breeders’ Cup and the Owner/Nominator, the Owner/Nominator of record shall have sole responsibility for obtaining the required authorization and consents from any and all entities that own or share interests in the foals or stallions under which the Breeders’ Cup nomination is made.
Breeders’ Cup Limited is a trade association and, accordingly, nomination payments are not deductible as charitable contributions for federal income tax purposes but may be deductible as business expenses. Nominators should consult their tax advisers.
Special Conditions for 2020 Foal Nominations
- Foals born in 2020 herein nominated shall be eligible in future years for Breeders’ Cup World Championships races, or any other Breeders’ Cup purse or awards programs for which they otherwise qualify.
- Horses which finish first through last in any Breeders’ Cup World Championships race will earn a nominator award for the person nominating the horse or weanling. Owner/Nominator must ensure that BCL has current contact information for the Owner/Nominator. BCL will make reasonable effort to locate Owners/Nominators to distribute awards. If BCL does not locate an Owner/Nominator for an award and Owner/Nominator does not claim the award within three (3) years from the date of the race upon which the award was determined, the Owner/Nominator forfeits all claims to the award and it reverts to BCL.
- The Breeders’ Cup purse and awards program may include provisions for purse money enhancements for eligible horses in designated races. The particular races for which allocations may be provided, the amount of respective awards for such races and the terms and conditions under which the stakes may be awarded to the connections of eligible horses will be determined by BCL.
- This agreement is for 2020 foals sired by stallions properly nominated to the Breeders’ Cup program for the 2019 Northern Hemisphere breeding season, or as specified in Condition 6. Standard nomination is by payment of a fee of $400.00 (U.S.) on or before October 15, 2020. Foals nominated as weanlings are eligible during their entire racing career for Breeders’ Cup World Championships races, or any other Breeders’ Cup purse or awards programs for which they otherwise qualify.
- Late nominations of 2020 foals may be made from October 15, 2020, through February 28, 2021, by the payment of a late fee equal to $1,500 (U.S.).
- In circumstances where unresolved double parentage exists, the last covering stallion determines eligibility for nomination.
- Foal nomination fees are not refundable for any reason whatsoever after the standard nomination deadline of October 15, 2020.
- BCL reserves the right in its sole discretion, to postpone, discontinue, amend or change the conditions of all or any part of the Breeders’ Cup program, including its racing programs and rules and regulations, without limitation or liability. Breeders’ Cup programs may be cancelled without notice and BCL shall have no liability except to make distribution of funds in the form of purses or awards less administrative expenses.
- Breeders’ Cup World Championships races and races designated in any other Breeders’ Cup purse or awards programs will be run in compliance with the racing rules and regulations of the applicable authority having jurisdiction of the track where such races are held, except as otherwise set forth in the conditions of the races and/or Breeders’ Cup World Championships rules and regulations, which shall control. BCL shall have no liability for the actions of any officials or employees of any such track or for any matter under the control of such track, its officials or employees. Purse and award payments shall be made to the owners or lessees recognized as such by the track and racing regulatory authority. Nominations are made with the express understanding that said nomination does not assure stall space for horses nominated.
- Owner/Nominator hereby expressly and irrevocably grants BCL the exclusive right to use, in connection with the promotion of the Breeders’ Cup program, the name and likeness of the Owner/Nominator, any horse pre-entered, entered or nominated and of any co-owners, jockeys, trainers, colors, logos, silks, and any other associated or identifying characteristics, as well as any other matter relating to the participation of the horse in the Breeders’ Cup program. Promotion by BCL may include, without limitation, televising, broadcasting and/or recording in any manner the races which are a part of the Breeders’ Cup program and the activities incident to them, and broadcasting, exhibiting and/or exploiting the same by any means now or hereafter known, including, without limitation, licensing such rights to others for uses approved by BCL. The Owner/Nominator hereby expressly, irrevocably and perpetually waives on his behalf and on behalf of his contractors, agents and employees (including the trainers and jockeys) any and all rights he may have in connection with any matter referred to in this paragraph, including, without limitation, any claim for invasion of the right of privacy or the right of publicity, for misappropriation, for infringement of trademark, trade dress and other intellectual property rights, or for any remuneration therefor. Upon demand, Owner/Nominator shall cause any of the aforementioned persons to deliver releases to BCL permitting it to use and exhibit such material. The Owner/Nominator understands and agrees that BCL reserves the right to use names, trademarks, service marks, copyrights, symbols, logos, slogans, results, still and motion pictures, audio reports, trailers, promos and other identifying characteristics relating to BCL and the Breeders’ Cup program and that any such use by Owner/Nominator of any of them is prohibited without the express consent of BCL. BCL reserves all rights to advertise the Breeders’ Cup program in any manner deemed appropriate by BCL.
- BCL reserves the right to limit the number of entries in any of the races sponsored by BCL. In the event BCL determines it must limit entries, entries will be selected by such method as BCL may determine in its sole discretion including pursuant to BCL’s prohibited substance policy or Convicted Trainer Rule. BCL reserves the right to modify the distance of any race to accommodate the track selected for every race.
- Breeders’ Cup Limited (BCL) may refuse the pre-entry or subsequent entry of any horse if, in BCL’s sole discretion, its association with any connection (e.g., owner, trainer, jockey) of such horse has engaged in, or become the subject of a regulatory or law enforcement inquiry or action alleging, conduct that is unlawful, unethical or may otherwise compromise the integrity of the Breeders’ Cup World Championships. BCL may, in BCL’s discretion, refuse the pre-entry or subsequent entry of any horse that has tested positive for any prohibited substance in out of competition testing conducted in connection with the Breeders’ Cup World Championships or BCL’s Breeders’ Cup Challenge Series.
- Owner agrees that BCL may inspect and copy for its own use all documents, electronic or otherwise, containing reports by official racing veterinarians of pre-race, post-race examinations and/or any records of procedures required by regulatory agencies or under applicable industry safety accreditation organizations of owner’s horse(s) nominated and/or entered in Breeders’ Cup World Championships races and/or BCL’s Breeders’ Cup Challenge Series races.
- All claims and objections arising out of the application or interpretation of any rules or conditions related to nominations or entries of Breeders’ Cup Ltd. shall be decided solely by BCL in BCL’s sole discretion. Information regarding the Appeals Procedure for BCL shall be furnished to any person submitting a written request for such information to Breeders’ Cup Limited, Attn: Appeals Board, 215 W. Main St., Suite 250, Lexington, Kentucky 40507. Any person wishing to object to any action or decision by BCL in the application of its rules or conditions related to nominations must, within thirty (30) days of being advised of such action or decision, submit to the Appeals Board a written objection in compliance with the Appeals Procedure and shall be entitled to an oral hearing upon making a written demand as set forth in the Appeals Procedure. The Appeals Procedure shall not be applicable to matters arising with respect to the field selection for the Breeders’ Cup World Championships races. Owner/Nominator agrees that any dispute regarding the BCL Prohibited Substance Policy, Convicted Trainers Rule or medication policy shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and the award rendered by the arbitrator(s) shall be recognized by Owner/Nominator and BCL and judgment thereon may be rendered in any court having jurisdiction thereof.
- Nomination of a foal shall constitute acceptance of the terms and conditions whether such nomination is done in writing or electronically.
- By completing this form, you acknowledge that Breeders’ Cup Limited may send you information about Breeders’ Cup current deadlines and promotions and may share your email address with selected sponsors for promotional purposes. If you do not wish for selected sponsors to send you promotional materials via email, you may opt out at any time by contacting firstname.lastname@example.org.
Our Offices are located in Lexington, Kentucky.
Breeders’ Cup Limited, 215 W. Main Street, Suite 250, Lexington, KY 40507 U.S.A.