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 2026 Foal Nominations

  1. Foals born in 2026 herein nominated shall be eligible in future years for Breeders’ Cup World Championships (“BCWC”) races, or any other Breeders’ Cup purse or awards programs for which they otherwise qualify subject to the rules of Breeders’ Cup Limited (“BCL” or “Breeders’ Cup”) and applicable law(s), all of which are expressly incorporated herein as they may be now or hereinafter in effect.
  2. Horses which start in any BCWC race will earn a nominator award for the person nominating the horse or weanling. A stallion nominator award will be paid to the person who nominated the sire of the horse to BCL. Stallion nominator awards will be paid to nominators under the International BCL program in accordance with the rules of that program, which are expressly incorporated herein in their entirety as they may be now or hereinafter in effect. Nomination in this sense means registering the horse or sire in the BCL program and does not mean pre-entry or entry in BCWC races. Nominator awards shall not be transferable without prior written authorization of BCL[KB1.1]
  3. Nominator must ensure that BCL has current contact information for the Nominator and Designated Payee. BCL will make reasonable effort to locate Nominators to pay awards. If BCL does not locate Nominator for the payment of an award and Nominator does not claim the award within three (3) years from the date of the race upon which the award was determined, the Nominator forfeits all claims to the award and it reverts to BCL.
  4. This agreement is for 2026 foals sired by stallions properly nominated to the Breeders’ Cup program for the 2025 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, 2026. Foals nominated as weanlings are eligible during their entire racing career for Breeders’ Cup Championships races, or any other Breeders’ Cup purse or awards programs for which they otherwise qualify. 2026 foals sired by 2025 nominated Breeders’ Cup International stallions (dependent on hemisphere) are automatically nominated.
  5. Late nominations of 2026 foals may be made from October 15, 2026, through February 28, 2027, by the payment of a late fee equal to $1,500 (U.S.). A non-nominated horse may be nominated at any time during its racing career by payment of a Horses of Racing Age nomination fee as determined by BCL, in its sole and absolute discretion.
  6. In circumstances where unresolved double parentage exists, the last covering stallion determines eligibility for nomination.
  7. Foal nomination fees are not refundable for any reason whatsoever after the standard nomination deadline of October 15, 2026.
  8. 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 rules and regulations and awards, without limitation or liability. Breeders’ Cup programs may be cancelled without notice and BCL shall have no liability. If there is any inconsistency or conflict between BCL rules or conditions in a printed paper version and a digital PDF version, the rules or conditions set forth in the digital PDF version shall govern and control.
  9. BCWC 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 state or other regulatory authority having jurisdiction of the track where such races are held, except as otherwise set forth in the conditions of the races and/or BCWC rules and regulations, which shall control. BCL shall have no liability for the actions of any officials or employees of any such track or regulatory authority or for any matter under the control of such track or regulatory authority or their respective 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.
  10. Nominator hereby expressly and irrevocably grants BCL the exclusive perpetual, worldwide, royalty-free, sublicensable and transferable right and license to use, reproduce, display, perform, transmit, publish, adapt, modify, edit, create derivative works from, distribute, and otherwise exploit, in any media now known or hereafter developed, in connection with the promotion of the Breeders’ Cup program, the name and likeness of any Nominator, of any horse pre-entered, entered or nominated and of any co-owners, jockeys, and trainers, together with colors, logos, silks, trademarks, service marks 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 or use by BCL may include, without limitation, telecasting, broadcasting, photographing and/ or recording in any manner, by still or motion picture, radio or television broadcast, digital or immersive media, or any other media transmission, whether known or hereafter developed, the horse, Nominator, co-owners, jockeys, trainers, the races which are a part of the Breeders’ Cup program and the activities incident to them, and broadcasting, exhibiting, merchandising and/or exploiting the same by any means now or hereafter known or developed, including, without limitation, licensing or selling such rights to others for uses approved by BCL. Nominator hereby expressly, irrevocably and perpetually waives, on behalf of Nominator and Nominator’s co-owners, contractors, agents, employees (including the trainers and jockeys), and assigns and heirs any and all rights any of them may have in connection with BCL’s exercise of the rights granted herein and any other matter referred to in this paragraph, including, without limitation, any claim to invasion of the right to privacy, the right of publicity, for misappropriation, for infringement of trademark, trade dress and other intellectual property rights, moral rights or “droit moral,” or for any remuneration therefor. Nominator, on behalf of itself and its co-owners, trainers and jockeys, 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 Nominator or its co-owners, trainers or jockeys of any of them is prohibited without the express prior written consent of BCL. BCL reserves all rights to advertise the Breeders’ Cup program in any manner deemed appropriate by BCL . Neither Nominators nor trainers shall display commercial advertising, before, during or after the BCWC in which the horse is entered without express prior written approval of BCL. Jockeys shall not display commercial advertising, before, during or after the BCWC race in which the horse is entered except in accordance with the jockey advertising rules in effect for the BCWC and approved by the Stewards. Please refer to the jockey advertising rules set forth in the 2026 BCL Horsemen's Information Guide. Nominator represents and warrants that it has secured all necessary rights, consents and approvals from its co-owners, trainers and jockeys to grant the foregoing rights and waivers. Upon demand, Nominator shall cause any of its co-owners, trainers or jockeys to deliver written releases to BCL consistent with this paragraph.
  11. 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 any of BCL’s rules or policies. BCL reserves the right, exercisable in its sole and absolute discretion, to transfer any turf race to the main course and to modify the distance of any race to accommodate the track selected for every race.
  12. 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 any conduct that is unlawful, unethical or may otherwise compromise the integrity or reputation of the BCWC. BCL may, in BCL’s sole and absolute discretion, refuse the pre-entry or subsequent entry of any horse that has violated any BCL or other applicable authority’s rules or policies.
  13. Except as otherwise provided herein, All claims and objections arising out of the application or interpretation of any rules or conditions of BCL shall be decided solely by BCL in BCL’s sole and absolute 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 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 field selection for the Breeders’ Cup World Championships races or the Condition of Integrity. All matters concerning field selection or the Condition of Integrity are decided by BCL in its sole and absolute discretion. Nominator agrees that any dispute with BCL regarding any BCL rule or policy subject to arbitration herein shall, following the exhaustion of all administrative remedies available under the laws and regulations of the applicable state or other regulatory authority in which the BCL races are conducted, 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 Nominator and BCL and judgment thereon may be rendered in any court having jurisdiction thereof. BCL reserves the right to waive or modify its rules and regulations on a case-by-case basis at any time. Any waiver, failure to enforce or modification by BCL of any of the terms and conditions of the Horsemen’s Information Guide at any time shall not in any way affect, limit, or waive BCL’s right thereafter to enforce and compel strict compliance with every term and condition of the Horsemen’s Information Guide.
  14. Nominator agrees to indemnify and hold harmless BCL (or if for any reason indemnification is not available, to contribute to BCL’s losses), to the fullest extent permitted under the law, from and against any and all claims, damages, liabilities, losses, costs or expenses, including reasonable attorneys’ fees (should BCL select its own counsel which it may do in its sole and absolute discretion), to which BCL may become subject or liable as a result of or arising out of directly or indirectly: (i) any action or conduct of any horses owned by or under the control or direction of Nominator while on the race track premises, and (ii) any acts, or failure to act by the undersigned Nominator, any co-owners, or any of their agents, employees or invitees while on the race track premises; or (iii) any breach by Nominator of the terms and conditions contained herein.
  15. Nominator 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 (including without limitation necropsy reports) and/or any records of procedures required by regulatory agencies or under applicable industry safety accreditation organizations of Nominator’s horse(s) nominated, pre-entered or entered in BCWC races. Nominator further authorizes the Horseracing Integrity and Welfare Unit (“HIWU”) or the applicable regulatory body to share with BCL any and all information about all pending or potential positive tests, out-of-competition tests, atypical tests or findings, or violations related to Nominator, its trainer or any of Nominator’s horses in furtherance of this Agreement and waives any objection or claim related thereto against the Horseracing Integrity and Safety Authority, Inc. (“HISA”), HIWU, BCL, the applicable regulatory body, or any of their respective affiliates. Furthermore, Nominator agrees and acknowledges that BCL retains all rights to address any and all media inquiries and that any and all information provided to BCL related to any horse, its Nominator or connections is not confidential and may be disclosed by BCL if BCL believes, in its reasonable discretion, that such disclosure is necessary to address a factual or other material misstatement that may call into question the integrity or reputation of BCL.
  16. By providing your e-mail address on this form, you acknowledge that Breeders’ Cup Limited may send you information about Breeders’ Cup current deadlines and promotions and may share your e-mail address with selected sponsors for promotional purposes or otherwise as permitted under Breeders’ Cup’s Privacy Policy available at https://www.breederscup.com/privacy-policy. You may opt out of such communications at any time by contacting privacy@breederscup.com.

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Breeders’ Cup Limited, 215 W. Main Street, Suite 250, Lexington, KY 40507 U.S.A.