Terms and Conditions
SURVIVAL BOOT CAMP – 22 OCTOBER 2016 Terms & Conditions
As a condition to participating in the Event, I certify that I have read all clauses below and by registering to participate in the Event, I agree to the following terms:
1.1 I have agreed to participate in Survival Boot Camp (to be held by Pacific Magazines Pty Limited (“the Promoter”) on 22 October 2016) in accordance with this Release and any Event rules notified by the Promoter from time to time.
2.1 The Promoter (or is designated media partners) may photograph and record me and my participation in the Event and any copyright.
2.2 All recordings made and photographs taken by the Promoter (or its designated partners) of my appearance in the Event and promotional material used by the Promoter to promote the Event and any copyright in the recordings and photographs and my appearance in the Event and the promotional material will be the sole and absolute property of the Promoter. I assign to the Promoter the copyright in my appearance in the Event, any recordings and/or photographs provided by me for use in, or taken or produced by the Promoter in the course of, the Event.
2.3 I agree that if the Promoter has the unrestricted right to use and exploit the recording and photographs as well as my name, likeness, biographical material, race result (and applicable age bracket), image, voice, statement or otherwise without any payment to me in all media throughout the world in perpetuity.
2.4 I agree that my appearance in the Event may be edited at the Promoter’s discretion.
3. SUSPENSIONS AND CANCELLATION
3.1 In connection with my participation in the Event, I will not infringe upon or violate the rights of any other person or entity and I will not cause injury or harm to any other person or entity (including without limitation any other entrant).
3.2 I acknowledge that if the Promoter believed that I have behaved inappropriately, the Promoter may at any time and in its sole discretion, exclude or remove me from participating in the Event. My participation in the Event will also end if the Event is not staged for any reason. I agree that if I am excluded or removed from the Event for any reason, the Promoter will not be liable for any loss or damage caused in exercising its discretion under this clause.
3.3 If the Event is cancelled for safety concerns or otherwise as a result of something beyond the reasonable control of the Promoter including strong winds, heavy rain, lightening and accidents, I accept that my entry will be non-refundable. In addition I acknowledge I will have no claim against the Promoter for any loss or damage I may suffer as a result of such cancellation.
4.1 I warrant that:
a) I am 18 years of age or older;
b) I am fit and competent to participate in the Event;
c) To the best of my knowledge, I am not suffering from a condition which would prevent and/or render me unfit to participate in the Event;
d) I will not use any substance for the purpose of enhancing my performance at the Event;
e) All information provided by me to the Promoter, including in the application form is true and accurate.
5.1 I acknowledge that:
a) I participate in the Event at my own risk.
b) I will take all reasonable measures to protect myself from the risks or participation.
c) I accept all responsibility for travel and medical insurance and for payment and/or reimbursement of medical/surgical expenses incurred on my behalf.
d) I am responsible for all property I bring to the Event sites and that the Promoter, as well as its directors, officers, employees, volunteers, contractors, sponsors and/or agents (‘Associated Entities”) accept no responsibility for any loss or damage to this property.
5.2 I agree to:
a) Release the Promoter and the Associated Entities from any claim and from any liability (to the extent permitted by law) for or as a result of any loss, injury or damage suffered by me in relation to my attendance and participation at the Event, howsoever causes, including any claim or liability which arises due to any negligence of the Promoter or the Associated Entities; and
b) Indemnify the Promoter and the Associated Entities from and against all claims, losses, damages or expenses including legal costs that may be suffered or incurred by me in relation to my attendance and participation at the Event.
5.3 I acknowledge that my participation in the Event will be a test of my physical and mental limits and carries with it the potential for death, serious physical injury, mental or physical illness and/or property loss. Moreover, I acknowledge and understand that I may not have time to prepare for, practice, acclimatise or adapt to, the challenges or tasks that I may be asked to perform in connection with the application and production of the event. I voluntarily and fully and knowingly and intentionally accept and assume these risks and understand and acknowledge that the waivers, releases and indemnities in this Release expressly apply to these risks.
5.4 To the extent permitted by law, neither the Promoter nor the Associated Entities are liable for any misadventure, accident, injury, loss or claim suffered either directly or indirectly by me connected with my participation in the Event.
5.5 I agree this document may be relied on in the event of any court proceeding by me or my heirs, executors and assigns.
5.6 All parties acknowledge that nothing in this Release limits my rights under the Consumer and Competition Act 2012 (Cth). Nor can the Promoter not the Associated Entities avoid for acts of gross negligence and my right to sue for any special liabilities imposed by Federal or State statute.
6. ASSIGNMENT AND VARIATION
6.1 The Promoter may assign and/or license the benefit of this Release (in whole or in part) without my consent. I am not permitted to assign and/or license the benefit of this Release.
6.2 The Promoter may vary the terms of this Release at any time and will use reasonable endeavours to notify entrants of such variations on the website.
Information on the Website
The information provided on the Website is for informational purposes only and does not create a business or professional services relationship between you and Pacific Magazines Pty Limited (“Pacific”) or any Related Body Corporate (“Associated Entities”). The information on the Website is provided "as is" and is subject to change without notice. No representation or warranty, express or implied, is made in relation to the accuracy or completeness of the information expressed in the Website. While the information is provided in good faith, to the maximum extent permitted by law, Pacific and its Associated Entities exclude any liability in relation to the accuracy, completeness or timeliness of the information.
The Website may contain links to websites. Pacific and its Associated Entities provide such links for your convenience only, and have not tested any software or verified any information found on such sites. The fact that the Website has provided a link to a website does not signify an endorsement of the site or its contents by Pacific or its Associated Entities. You access such links and linked sites at your own risk.
Restrictions on use
You are permitted to use the Website for your own personal use. Pacific or its Associated Entities are either the owner or licensed user of the intellectual property in the Website and the content delivered to you via the Website. You acknowledge that the Website contains third party software and third party content. You must not copy, reproduce, adapt, exploit, issue or broadcast this material without the prior written consent of Pacific. You must not transmit, or attempt to transmit, any data, code or other material of any kind to or via the Website which contains a virus or other harmful component.
You agree that you may not (a) rent, lease, loan, license, sublicense, distribute, transfer, publish, display, disclose, or permit access to the Website (including all software and content contained in or accessible via the Website), except to the extent you are explicitly authorized to do so under these Terms; (b) copy, reproduce, modify, change, alter or update the Website or any part thereof; (c) access, reverse engineer, decompile, translate, adapt, disassemble, decrypt or otherwise use any process to discover the source code of any software contained in the Website; (d) use a proxy server or any other technology to intercept, store or divert any output of the Website; (e) remove, alter or modify any identifying mark, copyright, or other proprietary notice of Pacific or its licensors from the Website.
Not all broadband plans are suitable for you to stream content. To stream video via the Website you need a minimum speed of 3Mbps. You are responsible for checking with your internet service provider as to whether your plan is suitable.
You are responsible for paying for your personal broadband connection, including any data charges.
The content you stream via the Website may be metered by your internet service provider, and counted towards any usage allowance you have and/or be charged to you by your provider.
Streaming quality varies depending on broadband connection speed. The Website uses an adaptive bitrate system that automatically adjusts the quality of the stream based on the device capability and quality of your broadband connection to start the streams as quickly as possible and to minimize buffering to the extent possible in the context of all the various broadband plans our customers have. However, we are not responsible for buffering which may occur if your broadband plan is not suitable (ie: does not have the minimum speed of 3Mbps).
You acknowledge that there may be advertising displayed as part of the Website, providing you information regarding products and services. This advertising may be in the form of display advertising on the Website, and/ or pre-roll advertising (which appears before you start watching content), and/ or mid-roll advertising (which appears during your viewing of the content).
Limitation of liability
Except as expressly set forth herein, you expressly acknowledge that the Website is provided ‘as is’ and any download of or use by you of the Website is at your own risk.
To the maximum extent permitted by law, in no event will Pacific or its Associated Entities nor its third party licensors be liable for any loss or damage, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with the Website, any linked site, the downloading of any software or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Pacific or its Associated Entities are advised of the possibility of such damages, losses or expenses.
Nothing in these Terms removes or limits any rights that you have under existing laws or regulations and codes, including under Schedule 2 of the Consumer and Competition Act 2010 (Cth) (“Australian Consumer Law”) and the various State and Territory fair trading laws, including for example that the services provided under these Terms are provided with due care and skill and the goods are fit for the purpose for which they are supplied and are of merchantable quality.
To the maximum extent permitted by law, all other terms, conditions and warranties, whether express or implied are expressly excluded. To the maximum extent permitted by law, liability under any condition or warranty which cannot be legally excluded is limited at Pacific's option to replacement or resupply of goods or services or payment for the same.
You also agree that we may use proprietary measurement software in the Website which will allow users to contribute to market research or audience ratings services.
The Website is not intended for use by any entity or person in any country or jurisdiction where such distribution or use would be contrary to that country's or jurisdiction's laws or regulations. Where distribution or use of a specific page or information on the Website would contravene local laws or regulations in any jurisdiction or country, those pages or information are deemed to be deleted for the purposes of use in that country or jurisdiction.