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.
- Foals born in 2016 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 fourth
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 2016 foals sired by stallions properly nominated to the Breeders’
Cup program for the 2015 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, 2016. 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 2016 foals may be made from October 16, 2016, through December
15, 2016, 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, 2016.
- 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
- 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.
- All claims and objections arising out of the application or interpretation of
any rules or conditions related to nominations of Breeders' Cup Limited shall be
decided solely by BCL. 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, 2525 Harrodsburg Rd., Suite 500, Lexington, Kentucky
40504-3359. 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 or Convicted Trainer Rule 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, 2525 Harrodsburg Road, Suite 500, Lexington, KY