With transparency, I think I can amend it to probably include something like this:
Are there any exclusions?
1) Backorders will not be accepted for domain names that have expired or are in pendingDelete status. For the opportunity to register such domain names, please refer to our daily Domain Snapper Auctions. Further information about various domain statuses can be found under auDA's Domain Renewal, Expiry and Deletion Policy. *However, if we believe that a company such as Pacific Octane will come out and bid $1k as an opening bid, we will not allow you to backorder it.
I'm not too happy about this as this is an extreme breach of ethics regarding transparency for general customers.
Regards- FAIL