PARTICIPATION & CREDENTIAL TERMS

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Participation and Credentials Terms and Conditions

SXSW Sydney Pty Ltd (SXSW Sydney) is proud to produce our family of events at in-person, physical events (Physical Events(s)), including, without limitation, SXSW® Conference & Festivals, and/or in online formats, (Online Event(s)) (the Physical Events and Online Events are collectively referred to herein as the Event(s)).

These SXSW Sydney Participation and Credentials Terms and Conditions (the Terms) apply to (i) you and any individual or entity you are engaging in a transaction on behalf of to participate in and/or attend any SXSW Sydney Events (you, your or Participant), (ii) such Participant’s application for involvement in the Events (Application(s)) and (iii) Participant’s registration, attendance, participation, and/or enrollment, including, without limitation, purchase and/or possession of any SXSW Sydney Event entry or access credentials or permissions whether physical or digital, such as platinum badges, industry badges (for SXSW Sydney Games Festival and/or SXSW Sydney Music Festival and/or SXSW Sydney Screen Festival and/or Tech and Innovation) (Badges); wristbands for the SXSW Sydney Music Festival; and/or SXSW Sydney Games Festival; and/or SXSW Sydney Screen Festival (collectively referred to as Wristbands), and/or any applicable tickets, passes, and giveaways (Badges, Wristbands, tickets, passes, and permissions are collectively referred to herein as Credentials). By purchasing Credentials, or by obtaining and using Credentials, you acknowledge and agree to be bound by these Terms.

1. Applicable Terms.

These Terms apply to:
- Credentials. if Participant is purchasing or obtaining Credentials for the Event; and
- Applications. If Participant is not purchasing or obtaining Credentials and is only applying for a SXSW Sydney program, including, without limitation, an awards program, competition, or other opportunity to demonstrate, display or present an original idea, concept or other work.
Each Credential is also issued subject to any additional terms and conditions of the Venue for a particular Event (including their Conditions of Entry) (Seller’s Terms). The Seller’s Terms may be disclosed as part of the event information on the SXSW Sydney website and at the Venue. The Seller’s Terms are also available from SXSW Sydney on request.

2. Official SXSW Sydney Credentials and Applications.

‍Credentials. SXSW Sydney, its agents and representatives are the sole creators, sellers and distributors of SXSW Sydney Credentials. Any Credentials not created by and legally acquired from SXSW Sydney or its authorised agents or representatives will be considered fraudulent and invalid, and subject to revocation. SXSW Sydney reserves the right to pursue any and all legal action or remedy available against any person or entity involved in the actual or attempted creation, dissemination or use of an unauthorised Credential.

‍Credentials. SXSW Sydney, its agents and representatives are the sole creators, sellers and distributors of SXSW Sydney Credentials. Any Credentials not created by and legally acquired from SXSW Sydney or its authorised agents or representatives will be considered fraudulent and invalid, and subject to revocation. SXSW Sydney reserves the right to pursue any and all legal action or remedy available against any person or entity involved in the actual or attempted creation, dissemination or use of an unauthorised Credential.
Applications. Any application forms, submission requests, proposals or other offers not located on official SXSW Sydney channels are not official SXSW Sydney applications and will not be considered or fulfilled.

3. Refunds, deferrals and replacements of credentials

Save for in accordance with clause 3(b) below, or as required by the Australian Consumer Law, SXSW Sydney does not issue refunds under any circumstances. Any and all payments made to SXSW Sydney are non-refundable, including without limitation, for failure to use credentials as a result of a change in your personal circumstances or due to external factors such as, for example due to illness, acts of God, public health crisis, disease, virus, pandemics, epidemics, government restrictions, earthquakes, hurricanes, floods, other natural disasters, wars, riots, insurrections, civil unrest, acts or threats of terrorism, cyber-attacks, government actions, travel-related problems, loss of employment and/or duplicate purchases.

If you have purchased:
1. Platinum, Tech & Innovation, Screen or Gaming Credentials, and the Event in its entirety is cancelled for any reason, SXSW Sydney will offer a deferral of your Credentials for the next Event.
2. Platinum, Tech & Innovation, Screen or Gaming Credentials, and the Event in its entirety is postponed to another date within the same year for any reason, your Credentials will be valid for the rescheduled dates.
3. Music Festival Credentials, and the music festival is cancelled, rescheduled or significantly relocated in its entirety (and you cannot or do not wish to attend the rescheduled or relocated event), SXSW Sydney will offer a refund of your Credentials, or to defer your Credentials to the SXSW Sydney Music Festival at the next Event.
4. a ticket to an individual official event, and the individual official event is cancelled, SXSW Sydney will offer a refund of your ticket price (including any applicable fees).

If you are entitled to a refund or deferral under clause 3(b)(iii) above, if you would like a refund of your Credentials, you must apply for a refund of your Credentials by the earlier of: (a) 4 weeks after notification of the cancellation, reschedule or relocation; or (b) 72 hours prior to the Event. If you do not request a refund by that date, you will have agreed to defer your Credentials to the next SXSW Sydney Music Festival, and will not be entitled to claim a refund;
If you are entitled to a refund under clause 3(b)(iv) above, you do not need to apply for a refund as we will automatically attempt to process a refund back to the original payment method used to purchase the Credentials.
In all circumstances, SXSW Sydney’s liability is limited to the amount of consideration paid for the Credentials (including via purchase of the Credentials online, or via alternative arrangement with SXSW Sydney) (including any fees or charges unless otherwise notified at time of purchase). Proof of purchase or entitlement to the Credentials may be required for any refund or deferral.
Unless required by law (including the Australian Consumer Law), SXSW Sydney will not be liable for any other losses incurred by you as a result of the cancellation, rescheduling or relocation of the Event, including any individual official event , including any travel and accommodation expenses, and you will have no remedy against SXSW Sydney, at law, in equity or otherwise, including, without limitation, for a refund of payments made, expenses incurred, or any actual, consequential, or punitive loss or damages of any kind, regardless of whether such loss or damage was foreseeable or SXSW Sydney was advised of the same.
You should carefully consider the refund and cancellation policies of travel, accommodation and other goods or service providers when making arrangements for attendance at the Event. You may also wish to consider taking out a relevant insurance policy to cover for any losses in the event of cancellation, rescheduling or relocation.
Unused Credentials have no monetary value and cannot be credited to future years or Events unless SXSW Sydney offers a deferral in accordance with 3(b)(i) above.
Discounted Credentials prices are based on the date payment is received in the SXSW Sydney office. SXSW Sydney will not issue refunds or credits due to failure to redeem a discount coupon during the registration or application process.
SXSW Sydney will only replace lost, stolen, damaged or destroyed Credentials if the authenticity of the Credentials can be verified, including proof of purchase or entitlement to the Credentials, and if you give reasonable notice before the Event. SXSW Sydney may charge a reasonable fee for the replacement of Credentials.

4. Revocation of credentials.

All Credentials are the sole property of SXSW Sydney. As always, if Participant violates these Terms (and/or any terms cross-referenced herein), SXSW Sydney has the right, in its sole discretion and at any time determined by SXSW Sydney, to cancel, revoke, or refuse all transactions with any individual or entity, including, without limitation, the following: Credentials, purchases made through SXSW Sydney. SXSW Sydney will not be responsible for any penalty, fee, loss, or expense incurred by Participant that might result from such action, regardless of whether such penalty, fee, loss or expense was foreseeable, or SXSW Sydney was advised of the same.
Use of Credentials by anyone other than the authorized individual will result in revocation of the Credentials without a refund.
SXSW Sydney will not issue refunds, deferrals or credits for Credentials that have been revoked.

5. Variations to Events

SXSW Sydney reserves the right to add, withdraw, reschedule or substitute speakers, performers, panelists, individual official events and/or vary advertised programs, venues, seating arrangements and audience capacity. You agree and acknowledge that SXSW Sydney will not offer a refund for such changes.

6. Credentials Transfer Policy.

SXSW Sydney Credentials are issued to, can be picked up by, and used by only the Participant named in the registration.
Prior to 24 hours prior start date of a Physical Event, SXSW Sydney will accept a request to transfer any uncollected/undelivered Credentials by changing the Participant name on your Credential. You may change these details by logging in to your SXSW Sydney Account.
Credentials are non-transferable after they have been delivered to the Credential holder.
Credentials may not be transferred, and name changes will not be made after Credentials have been collected by the registered Credential holder.
Notwithstanding the provisions above, Badges, Wristbands and Credentials are non-transferrable.

7. Credentials Required for Entry.

Physical Events. For security reasons, and to allow entry into SXSW Sydney Physical Event(s), Participant must wear, possess and present their Credentials at Physical Events as follows: (i) badges must be on the SXSW Sydney-issued lanyard around Participant’s neck while participating in Physical Events; (ii) Wristbands must be securely affixed to the Participant’s wrist and remain on the Participant’s wrist throughout the SXSW Sydney Physical Events; and (iii) digital Credentials for the Physical Events must be presented by the Participant on a digital device in their possession. No other laminates may be worn on the SXSW Sydney lanyard for the badge to be valid. If Credentials are not worn or presented correctly by a Participant, SXSW Sydney reserves the right to deny that Participant’s entry into SXSW Sydney Physical Events.
Online Events. Sharing Credentials for access to Online Events is strictly prohibited.

8. Entry and Restrictions.

SXSW Sydney Credentials allow the Participant entry or other access to specific defined Events, but do not guarantee admission or other access to all elements of an Event.

SXSW Sydney may, in its sole discretion, revoke a Participant’s Credentials without refund if SXSW Sydney determines that the Participant has provided false, misleading and/or inaccurate information at the time of registration of your Credential.

If SXSW Sydney determines that you have provided inaccurate information to obtain a discounted or exclusive offer Credential, you may be required to pay the difference in value of the relevant Credential’s final release price in order for you to receive your Credential and access the Event.

Event admission and participation are subject to certain limitations, including, without limitation, venue capacity, geoblocking, technical limitations and age restrictions in compliance with state and local laws. Age restrictions and capacity are specific to each venue and are set by relevant local, state and federal authorities. Venues may each have their own restrictions limiting entry unless Credential holder complies with certain Venue policies (e.g., masking or negative testing), or restricting entry with certain foods, beverages, or other items such as chairs or bags that are non-transparent or do not fit specified dimensions. Wristbands are valid Credentials for specific Physical Events applicable to the Wristband type but will not afford the Participant access to the SXSW Sydney Exhibition, conference and keynote sessions, or other SXSW Sydney conference activities, unless SXSW Sydney specifies otherwise.

9. Credentials Cannot be Prizes.

SXSW Sydney Credentials may not be used as a prize or incentive in any form of promotion, contest, game, or sweepstakes without advance written approval from SXSW Sydney.

10. No Tampering with Credentials.

Tampering with any Credentials, including, without limitation, Wristbands (e.g., stretching, tearing, cutting, taping, etc.) is not permitted. If tampering is evident, the applicable Credentials will be invalidated and confiscated, and Participant will not be allowed entry to any/all SXSW Sydney venues and/or Events where the Credentials are required. No refunds will be issued in such case.

11. System Requirements; Content Use; Anti-Piracy.

Participant understands and agrees that access to Online Events and use of any related services provided by SXSW Sydney or its vendors is dependent on Participant’s internet connection, hardware and certain software (including third party software) that may be required or may need updating. SXSW Sydney is not responsible for any streaming lags, interruptions, outages, or Participant’s inability to access Online Event content as a result of Participant’s internet connection or any other technical, hardware, equipment, system, server or technology related issues. Participant is responsible for their own data security while accessing the Online Events. Participant acknowledges that a high-speed internet connection is necessary in order to access the Online Events through a mobile network, and that Participant’s network or roaming network may apply fees for data usage. Participant acknowledges and agrees that the system requirements set forth in this Paragraph 11 are your sole responsibility.
Participant’s ability to view Event content may vary based on the rights availability of such content, the Credentials purchased, and/or Participant’s geographic location.
Participant is strictly prohibited from copying, republishing, downloading, transmitting, modifying, renting, leasing, loaning, selling, assigning, distributing, recording, licensing, sublicensing, reverse engineering, or creating any derivative works based on any content delivered by SXSW Sydney as part of the Events, or otherwise using any Event content in a manner that does not comply with these Terms, the SXSW Sydney Terms of Use, or other content usage guidelines provided by SXSW Sydney in writing, unless Participant has obtained express permission from SXSW Sydney and the applicable rightsholder(s). Any Participant found in violation of this or any other provision of the SXSW Sydney Terms of Use (available here: https://sxswsydney.com/terms/ will be subject to any and all legal remedies available to SXSW Sydney and/or the applicable rightsholder(s) of the content at issue.
Participant agrees to not use any device, software, internet site, web-based service, or other means to remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Event content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Event content, including, without limitation, any applicable geo-filtering mechanisms. For clarity, Participant may not use any technology or technique that obscures or disguises Participant’s location when accessing the Online Events or related services.

12. Photo and Video content

Participant agrees that (without prior approval, and applicable media credentials issued by SXSW Sydney) no form of professional camera equipment may be used at the Event to capture content (including, without limitation, videos, clips, photographs, audio recordings, text, graphics, logos, icons, images and software made available to the Participant during the Events).
Permitted Use. Participant may use personal digital cameras (excluding SLR/DSLRs) at the Event for capture of content for personal, non-commercial (non-sponsored and non-monetised) use, subject to the following non-permitted uses:
1. standing in the press area, obstructing views, using any sort of device like a tripod or selfie-stick, or using a flash after the session begins.
2. Live streaming.
3. taking photos or shooting video where it is unsafe or disruptive such as in doorways, fire exits, expo floor aisles, hallways, sidewalks, etc. Not complying with a request to move or stop capturing content could result in the Participant being removed from the venue or Event.
Online Events. Participant may not record (video and/or audio) or livestream the Event. The Participant may not display any Event content in a group settling, copy, republish, download, transmit, modify, rent, lease, loan, sell, assign, distribute, record, license, sublicense, reverse engineer, or create any derivative works based on any Event content.

13. Image Release.

Photographs and/or audio/video recordings taken at the Events by SXSW Sydney, SXSW Sydney partners or sponsors, or others on behalf of SXSW Sydney, may include Participant’s image, name, voice, statements (whether in writing or orally), performance (or part thereof) and/or likeness. By attending and/or participating in the Events, Participant hereby grants SXSW Sydney permission to perpetually use, and to sublicense to third-parties any such photographs and/or audio/video recordings for any purpose, including, without limitation, commercial purposes, without approval from, compensation or credit to, the Participant, in any and all media, worldwide, now known or hereafter devised.

14. SXSW Sydney Lost and Found.

SXSW Sydney is not responsible for lost or damaged items. As a courtesy only, and without assuming any legal duty or liability, a Lost and Found will be located at Registration during the Physical Events, which is where Participants may drop off found items. Participants can also email a description of the item and the location it was lost/found to info@sxswsydney.com. After ninety (90) days following the Event, unclaimed lost and found items may be disposed of at SXSW Sydney’s discretion.

15. Code of Conduct.

Participant hereby agrees to abide by all local, State and Federal laws (including in relation to criminal offences, liquor licensing and health and safety). SXSW Sydney may, in its sole discretion, revoke a Participant’s credentials without refund if SXSW Sydney determines that a Participant has provided false, misleading and/or inaccurate information at the time of registration of the relevant Credential; or the participant has behaved inappropriately at the Event, including any individual official event (including engaging in any form of written, verbal or physical abuse or threats, the use of derogatory or discriminatory language, gestures or actions, any form of harassment, racism, sexism, or any other targeted comments which may violate any local, State or Federal laws or cause harm to another SXSW Sydney participant before, during or after the SXSW Sydney events, whether in-person in Sydney, NSW or at satellite events, via the SXSW Sydney mobile app, through social media channels, using any SXSW Sydney digital platforms (including the SXSW Sydney Submissions Portal, while engaging in any online aspect of the Event, or any other method of communication.

16. Health and Safety.

Participant agrees to comply with all Government advice, directions, orders and regulations relevant to attending the Event including any individual official event, which may be in place at the time of the Event.

If you are contacted directly by the Government, including the Department of Health for the purposes of contact tracing, you must make your contact details available to the Government.

When attending the Event including any individual official event, you agree to assume all risks associated with COVID-19 or other such communicable diseases.

17. Additional SXSW Sydney Policies.

Participant has read, understands, and agrees to the following policies (which can be found on the SXSW Sydney website): Terms of Use, Privacy Policy and RFID Policy applicable to the Event in which Participant is participating or for which Participant has obtained Credentials to attend, which policies apply to both the Physical and Online Events and are incorporated herein by this reference. Personal Information.

The SXSW Sydney website uses cookies as a collection tool along with personal data that you share with SXSW Sydney to tailor marketing to your interests, deliver the goods/services you purchase from SXSW Sydney, and to enhance and customize your experience on the SXSW Sydney websites and at the Events. The SXSW Sydney Privacy Policy (which is located on the SXSW Sydney website) includes more information about how SXSW Sydney collects and uses personal data, and how to update your preferences.

18. Voluntary Participation and Assumption of Risk.

Participant understands and agrees that participating in the Events is voluntary and may involve certain risks of physical injury, damage to property, whether physical property or intellectual property, and other damages or losses that may be sustained by Participant, and Participant assumes all risk of damage, property loss, and/or personal injury which may occur as a result of participating in the Event and/or any individual official event, including, without limitation, exposure to pandemic level communicable illnesses (including covid-19). Participant hereby releases SXSW Sydney, SXSW Sydney owners, SXSW Sydney sponsors and SXSW Sydney official venues, and each of their respective officers, directors, managers, employees, volunteers, contractors, suppliers and representatives (the “released parties”) from any liability associated with participating in the Event and/or any individual official event, including liability for the negligence of any released parties, unless such liability is due to the gross negligence of the released parties, in which case the release will still apply to any of the released parties that were not grossly negligent.

19. Limitation of Liability.

In no event shall SXSW Sydney be liable to any participant, or any other person or entity for any personal injury or damages to property, data loss, damages for loss of business profits or other pecuniary loss, including any direct, consequential, incidental, special, punitive or similar damages, arising out of any participant’s use of Credentials and/or participation in the events, even if SXSW Sydney or participant has been advised of the possibility of such damages.

20. No Warranties.

Except as may be expressly set forth in these terms, Participant’s participation in the Event or any individual official event, and all services and products provided in connection with the Event or any individual official event, are provided “as is” without any warranty of any kind. SXSW Sydney expressly disclaims all express, implied, or statutory warranties, representations or conditions, whether written or oral, including any implied warranties of merchantability, fitness for a particular purpose, security, reliability, integration, safety, or any warranties that may arise from course of dealing. SXSW Sydney expressly disclaims any warranties not expressly stated herein and has made no representations or warranties to participant about the suitability, condition or safety of the SXSW Sydney Events, SXSW Sydney platform or digital transmission of the Events, your ability to access or use SXSW Sydney content or services, any equipment provided by SXSW Sydney or its vendors, SXSW Sydney services or products supplied as part of the Events or that the Events, including any streaming, will operate without interruption or be error free.

21. Indemnification.

Participant agrees to indemnify, defend, and hold SXSW Sydney and its affiliates, and each of their respective officers, directors, managers, employees, volunteers, contractors, suppliers, and representatives and SXSW LLC, harmless from and against any and all claims, demands and all other liabilities, including, without limitation, costs and attorneys’ fees, made by any third party arising directly out of or in connection with Participant’s participation in the Events, use of the Credentials, or any violation of these Terms by Participant.

22. Choice of Law and Jurisdiction.

These Terms are governed by the laws of the State of New South Wales. Both you and SXSW Sydney agree to submit to the personal jurisdiction to a court of competent jurisdiction located in New South Wales for the purpose of litigating all Claims or disputes relating to these Terms.

23. Updates to Terms.

SXSW Sydney reserves the right to make changes to these Terms as posted, so be sure to check back and review these Terms from time to time by updating them. Any variations will only apply to Credentials purchases made after these Terms and Conditions have been updated.

24. General Provisions.

Nothing in these Terms establishes an agency, partnership or joint venture between the parties, or relationship of employer or employee, between the parties (or between either party and the other party’s personnel). Headings are included for convenience only and will not be used to construe these Terms. In the event that any term or provision of these Terms is held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability will not affect any other term or provision hereof (which will remain in effect), and the parties agree thereafter to use their best efforts to substitute a provision of similar economic intent and effect. SXSW Sydney may assign this agreement to a third-party at its discretion.

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For badges purchased between 5pm (aest) 21st june to 11:59pm (aest) 30th june - the below terms and conditions apply.

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EOFY CoMPETITION T&Cs

Instructions, prizes and information on how to enter form part of these Terms and Conditions. By entering, entrants accept these Terms and Conditions.

Promoter is SXSW Sydney Pty Ltd (ABN 13 661 937 980) of Level 3, 175 Liverpool Street, Sydney NSW 2000 (“Promoter”).

The promotional periods commence at 5pm AEST on the 21st June 2024 and ends at 11:59pm AEST on the 30^th of June (“Promotional Period”).

Entry is open to individuals who are over 18 years of age and an Australian resident. Employees (and their immediate families) of the Promoter and any third parties 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.

To be eligible to win, entrants must, during the Promotion Period, complete a purchase of a SXSW Sydney Industry or Platinum badge through the SXSW Sydney website https://www.sxswsydney.com/attend

The winner will be picked at random by a representative(s) of the Promoter on 1^st July 2024. The winner will be notified by email (within 24 hours) and advertised for at least 28 days on SXSW Sydney website.

In the event that the prize notification email is returned as undeliverable or the winner does not claim the prize, then such prize will be forfeited and an alternate winner will be selected from all remaining (non-winning) eligible entries.

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.

Incomplete, indecipherable or illegible entries will be deemed invalid.

Multiple entries during the Promotional Period are not permitted.

There will be only 1 winner of the prize as drawn by the Promoter. The prize includes 5 nights superior room (or equivalent) accommodation (room only) at 5 star accommodation within the SXSW Sydney precinct during the week of SXSW Sydney 2024 (October 14^th-20^th October 2024) PLUS an upgrade of the winner’s Industry Badge to a Platinum Badge. Purchasers of Platinum Badges who have elected to enter into this promotion, understand and agree that there will be no replacement prize for the badge upgrade element of the prize.

Entrant acknowledges they may be required by the hotel to present a credit card at the time of check-in for any ancillary costs incurred by the entrant during their stay. Entrant is fully liable for any costs incurred or damage caused by entrant during their stay at the hotel.

Entrant will abide by all hotel rules and conditions as provided to them either prior to, at check-in or during their stay at the hotel.

The prize is not transferable (including the dates of stay) or exchangeable and cannot be taken as cash.

Any ancillary costs associated with taking the prize, other than those included above in paragraph 11, will be the sole responsibility of the winner and their companion. Such costs may include room service, mini bar, spending money, meals, expenses, incidentals, transport and all other ancillary costs, are the responsibility of the winner and their companion.

All components of the prize must be taken together or otherwise are deemed to be forfeited. Prize cannot be taken as cash.

The prize is subject to the ticket terms and conditions, including any applicable age restrictions. The Promoter hereby expressly reserve the right to eject the winner (and/or their companion/s) for any inappropriate behaviour, including but not limited to intoxication, whilst participating in any element of the prize.

The total prize is valued at up to AUD$2400. Up to $2000 on accommodation, and $400 to upgrade from Industry to Platinum Badge (where the entrant entered with a purchase of an industry badge). The prize is not transferable or exchangeable and cannot be taken as cash.

If the prize (or part of the prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.

If applicable, entrants consent to the Promoter using their name, likeness, image, voice and/or social media posts content in the event they are the 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.

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) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.

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 State and Territories of Australia (“Non- Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Promotion.

Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (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) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant (independent financial advice should be sought); or (f) use of or participation in the prize (i.e. travel).

As a condition of accepting the prize, the winner (and his/her 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.

The Promoter collects personal information in order to conduct the Promotion and may, for this purpose, disclose such information to third parties involved with the Promotion, 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.

In the event of war, terrorism, state of emergency, disaster or any other circumstance beyond the control of the Promoter, the Promoter reserves the right to either provide an alternative travel destination to the same value as the original prize or, subject to any applicable laws or written directions made under applicable legislation, to cancel, terminate, modify or suspend the promotion.

The laws of New South Wales apply to this promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of New South Wales.

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