1. I agree to pay a registration fee to True Grit Concepts Pty Limited (True Grit) which entitles me to participate in The Night Attack event to which this registration relates, on the terms and conditions set out below.
Refund of registration fee
2. Subject to clause 3, I agree that after I pay the registration fee I shall not be entitled to a refund of the registration fee.
3. I acknowledge that True Grit may, in its sole discretion, delay, modify, cancel and change the date of a True Grit event. If True Grit cancels a Nigth Attack event due to unforeseen circumstances, then True Grit may, in its discretion, provide a refund or a partial refund of the registration fee to me.
Exclusion of liability – general and including personal injury and damage to property
4. To the maximum extent permissible by law, I hereby release True Grit, its officers, employees and agents and each of them from any liability whatsoever arising from or connected with my participation in any Night Attack event.
Exclusion of liability – consequential loss
5. I agree that True Grit shall not be liable for any loss whatsoever that I may suffer as a result (whether directly or indirectly) from any delay, cancellation or change of date of a True Grit event.
6. The releases in clause 4 and 5 are not intended to affect any liability True Grit may have under the consumer guarantees (to the extent that they apply) set out in the Australian Consumer Law.
7. I hereby agree to indemnify True Grit, its officers, employees and agents and each of them against any claims made against them by any other participant in a Night Attack event where such claims arise from (whether directly or indirectly) my participation in or my actions or omissions (whether negligent or otherwise) during a True Grit event.
Risk and Physical Preparedness
8. I understand and acknowledge that participating in a Night Attack event is a physically and mentally arduous and potentially dangerous activity which involves the risk of serious injury and/or death.
9. I acknowledge that in addition to the general risk of serious injury and/or death to which I may be exposed as set out in the preceding paragraph, I may specifically be exposed to the following risks:
a. smoke inhalation;
b. injury resulting from falls, including from falls at height;
d. cuts and abrasions;
h. confined spaces;
k. extreme cold and heat and cold and heat related illnesses including but not limited to hypothermia, hyperthermia and sunstroke;
l. inclement weather;
n. vehicle accident; and
o. physical exertion and exhaustion generally.
10. I acknowledge that the above list of potential risks is not intended to be exhaustive.
11. I acknowledge and warrant that I am in good health and in proper physical condition to safely participate in a Night Attack event. I certify that I have no known or knowable physical or mental conditions that would affect my ability to safely participate in a Night Attack event, or that would result in my participation creating a risk of danger to myself or to others.
12. I agree to abide by all written and/or posted rules of Night Attack, as well as all written and/or posted rules of the venue. I further agree to comply with all directions, instructions and decisions of True Grit, its employees and agents and venue personnel. I further agree not to challenge these rules, directions, instructions, or decisions on any basis at any time.
13. I agree that True Grit and venue personnel may immediately remove from the event anyone who disobeys any rules, directions, instructions, decisions, or laws, or whose behaviour endangers safety or negatively affects a person, facility, or property of any type or kind.
14. I warrant that I am not, and on the date of the Night Attack event will not be, under the influence of alcohol or any drugs that would in any way impair my ability to safely participate in the True Grit event. I further acknowledge that alcohol consumption following the event is discouraged by True Grit and I take full responsibility for any decision to consume alcohol at that time.
15. I specifically acknowledge and agree to abide by the following rules:
a. no urination or defecation is permitted outside of designated areas;
b. no wheeled conveyances or pets are allowed in the Course at any time;
c. no clothing, props or equipment that pose an unnecessary risk to participants, spectators or personnel are permitted; and
d. obey civil and criminal laws including traffic laws.
16. I certify that I am or will be of at least 18 years of age by the date of the Night Attack event. If I am not 18 years of age by the date of the Night Attack event I acknowledge that I must obtain the consent of my parent or legal guardian to participate in the Night Attack event before doing so.
17. I understand that any and all photographs, motion pictures, recordings, and/or likenesses of me captured or taken during the Night Attack event by True Grit, its employees, affiliated entities or contractors become the sole property of True Grit. I grant the right, permission and authority to True Grit to use my name and any such photographs, motion pictures, recordings, and/or likenesses for any legal purpose, including but not limited to promoting, advertising, and marketing activities. I further acknowledge and agree that True Grit, has the full right to sell and/or profit from the commercial use of such photographs, motion pictures, recordings, and/or likenesses.
18. I understand that by Registering for a Night Attack event, the Active Network system is going to collect my personal information. This includes details on my name, date of birth, email address, sex, address, VIP Offers, how did you hear about the event, race start time, T-Shirt Size and the willingness to contribute a donation to the events two charities. This information is used to co-ordinate Race Times, clothing requirements and give key stakeholders an estimate on numbers in relation to the event. This information will not be passed onto a 3rd party in any original data format.
19. Users can request to have their account information modified or deleted by emailing firstname.lastname@example.org. Primary email communication is through the True Grit Concepts Pty Ltd Mailchimp account. To opt-out, users are required to follow the opt-out link at the bottom of the campaign templates. Alternatively a user can request to opt-out by emailing email@example.com.
20. True Grit acknowledges that www.thenightattck.com.au collects personal information, such as bank details and credit card numbers. This is only done under the secure server setting of the http://www.activenetwork.com.au system.
NIGHT ATTACK “CBUS SUPER STADIUM FACEBOOK” PROMOTION
TERMS AND CONDITIONS
1. Information on how to enter and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. Entry is only open to residents of Queensland over 16 years of age.
3. Entrants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion.
4. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
5. Promotion commences on 15/11/17 and final entries close at 11:59pm (QLD time) on 22/11/2017 (“Promotional Period”).
6. To enter, individuals must complete the following steps during the Promotional Period:
- Visit the Night Attack Facebook Page www.facebook.com/thenightattack (“Facebook Page”);
- become a fan of the Facebook Page by clicking the ‘like’ button (if not an existing fan of the Page);
- “Like” the Cbus Super Stadium promotion post.
7. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
8. Incomplete or indecipherable entries will be deemed invalid.
9. Only one entry permitted per person.
10. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
11. The draw will take place at Stadiums Queensland, Cnr Castlemaine and Chippendall Streets, Milton QLD 4064 on 23/11/2017 at 10:00am (QLD time). The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn.
12. The winner will be notified via Facebook private message and their name will be published on the Cbus Super Stadium Facebook Page on 24/11/2017.
13. The Promoter’s decision is final and no correspondence will be entered into.
14. The winner of the first valid entry drawn will receive a double pass to Night Attack (winner may choose which night they’d like to attend - Dec 1, 2017 OR Dec 2nd, 2017) held at Cbus Super Stadium.
15. All costs associated with travel to and from the stadium to attend the event are the winner’s responsibility. The prize does not include meals, or any other ancillary items.
16. If the winner of the prize is under the age of 18 years, the prize will be awarded to the winner's nominated parent or guardian on the winner’s behalf.
17. During the entire duration of the prize, a nominated parent/guardian must accompany any person under 18 years of age.
18. Subject to clause 23, if for any reason the winner does not take the prize by the time stipulated by the Promoter, then the prize will be forfeited.
19. If the prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize of equal value.
20. The Cbus Super Stadium ticket prize is subject to the event venue and ticket terms and conditions, including any applicable age restriction. The Promoter and event organisers hereby expressly reserve the right to eject the winner (and/or their companion) for any inappropriate behaviour, including but not limited to intoxication, whilst participating in any element of the prize.
21. Total prize pool value is $198.
22. The prize is not transferable or exchangeable and cannot be taken as cash.
23. A draw for the prize, if unclaimed, may take place on 25/11/2017 at the same time and place as the original draw, subject to any directions from a regulatory authority. The winner, if any, will be notified via Facebook message and their name will be published on the Cbus Super Stadium Facebook Page on 26/11/2017.
24. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
25. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.
26. Any cost associated with accessing the Facebook Page is the entrant’s responsibility and is dependent on the Internet service provider used.
27. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Subject to any non-excludable rights under consumer protection laws and to the full extent permitted by law, the Promoter (including its respective officers, employees and agents) excludes all liability (whether under contract, in tort, in equity, under statute or otherwise) for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, incidental, special or consequential, arising in any way out of the promotion.
28. Subject to any non-excludable rights under consumer protection laws and to the full extent permitted by law, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (whether under contract, in tort, in equity, under statute or otherwise), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, incidental, special or consequential, arising from, out of or in connection with: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) if a Night Attack event (prize is awarded for) is cancelled/postponed/delayed for any reason beyond the reasonable control of the Promoter; (e) any variation in prize value to that stated in these Terms and Conditions; or (f) taking of the prize/attendance at the prize event.
29. Where clauses 27 or 28 do not apply for any reason (including where a court of competent jurisdiction indicates that it is invalid), to the maximum extent permitted by law, the Promoter's liability to you for any loss or liability (whether under contract, in tort, in equity, under statute or otherwise) for any personal injury, or any loss or damage (including loss of opportunity), whether direct, indirect, incidental, special or consequential is limited to the cost of the total prize pool value.
30. Subject to any non-excludable rights under consumer protection laws, the Promoter gives no guarantee, condition, warranty or undertaking, and makes no representation to you about the condition or attributes of the prize.
31. Any liability the Promoter has to you for breach of any warranty implied into this agreement that cannot be excluded but that can be lawfully limited is (at the Promoter's option) limited to providing the winner with replacement tickets to the same value or to pay the cost of the tickets.
32. As a condition of accepting the prize, the winner (and their companion) must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
33. The Promoter collects personal information in order to conduct the promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this information. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to opt out, access, update or correct information to the Promoter. All entries become the property of the Promoter.
34. Entry and continued participation in the promotion is dependent on entrants following and acting in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at www.facebook.com/legal/terms
35. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants understand that they are providing their information to the Promoter and not to Facebook. The information collected by the Promoter will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Facebook. Facebook will not be liable for any loss or damage or personal injury which is suffered or sustained by an entrant, as a result of participating in the promotion (including taking/use of a prize), except for any liability which cannot be excluded by law.
36. The Promoter is True Grit Concepts Pty Ltd, 74 Mary Street, Unley SA 5061, ABN 44 161 045 772.