X Games Sydney 2018: Terms and Conditions

X Games

TERMS AND CONDITIONS

X Games Sydney 2018 will take place at Spotless Stadium (Venue) on 19-21 October 2018, and is promoted and presented by Seven Network (Operations) Limited trading as Red Live (Red Live) under exclusive licence from ESPN, Inc. Red Live is a member of the Seven West Media Group.

By purchasing ticket(s) to X Games Sydney 2018 (Event) you indicate that you accept the following Terms & Conditions (X Games Terms) set by Red Live, and agree to be bound by them. The X Games Terms operate in addition to the terms and conditions imposed by Red Live's ticketing agent Ticketek and the terms and conditions imposed by the Venue.

1. Nature of Event

X Games Sydney 2018 is an action sports competition which runs over three days, and includes preliminary sporting events as well as finals (also known as 'podium runs'). Red Live reserves the right to change the scheduling of particular events within the competition at any time and for any reason. Weather or other factors may cause delays or the schedule to be changed. Please note that there is no guarantee you will see any particular athlete or other performance or attend any particular event or other performance.

2. Restrictions on attendance
If you breach any of these X Games Terms or any terms imposed by the Venue or Ticketek in respect of this Event, Red Live reserves the right to confiscate your ticket(s) and deny you entry to the Event, and take such other action as it deems appropriate, without compensation to you. Without limiting anything else in these terms, you may not resell the ticket at a premium in any medium; package, advertise or use the ticket for commercial purposes (including competitions, trade promotions, betting or gambling activity or so-called 'ambush marketing' activity); or engage in conduct which infringes the intellectual property rights of Red Live, its Related Bodies Corporate or ESPN, Inc (Associated Entities).

3. Refund policy
Due to Event cancellation 
Except as set out in this section 3, refunds will not be given unless the Event does not commence at all. For example, refunds will not be issued for:
(a) the non-appearance of any particular person, group or personality such as a team, 
athlete, or performer (whether advertised or not);
(b) any variation to the Event program, conveniences and attractions such as postponement 
or cancellation of any individual event or performance;
(c) your view of any particular event is restricted by other attendees or essential event 
infrastructure; (d) any adverse weather conditions; and
(e) any circumstances beyond the reasonable control of Red Live.

4. Refunds will be given only in the following limited circumstances:
(a) for single day tickets, if less than 50% of the scheduled events on that day take place.
(b) for three day tickets, if less than 50% of the scheduled events across the 3 days take 
place. No partial refunds if a single day is cancelled.

5. In respect of a complementary ticket, no refund or other costs will be paid in the event of cancellation, postponement or change to the Event, or for any other reason whatsoever.

4. Your conduct and safety
While attending the Event, you must protect your own personal safety and that of other attendees. You must protect your property and make sure you don't cause damage or injury to other people or property. Red Live and its Associated Entities will not be liable for any loss or damage to personal property or personal injury to you, unless it was due to Red Live's breach of a non-excludable guarantee under the Australian Consumer Law (ACL). In the event of any personal injury, you authorise Red Live, Venue personnel or any medical personnel engaged by either of us to administer such medical treatment as is deemed necessary in the circumstances (including ambulance services for which you may be required to pay).

5. Limitation of liability
To the maximum extent permitted by law, and subject to any non-excludable conditions and warranties in the ACL, in no event will Red Live or its Associated Entities 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 your attendance at the Event, even if Red Live or its Associated Entities are advised of the possibility of such damages, losses or expenses. To the maximum extent permitted by law, liability under any condition or warranty which cannot be legally excluded is limited at Red Live's option to replacement of tickets or a refund. All other representations and warranties and terms that would otherwise be implied by general law are expressly excluded.

6. Consent to be filmed & photographed
The Event will be televised and streamed in Australia and internationally. You consent to being photographed, filmed and your voice recorded, and to the use of any footage, recording or image of you to be broadcast and otherwise communicated including by Red Live, its Associated Entities, its commercial sponsors and licensees. You will not be entitled to compensation for this.

7. Unauthorised filming
You are encouraged to take photos at the Event and to share those photos via your personal social networks for your own personal use. You can also take limited amount of video footage at the Event but this is strictly for personal use only and not to be shared on social media. You are not permitted to take photos or video footage of any competition, athlete's performance (including training and warm-ups) or other entertainment performance (eg music) at the Event for any commercial purpose whatsoever.

8. Amendments
From time to time Red Live may make amendments to these X Games Terms. We will notify you about such amendments by posting an updated version on the Xgames.com/Sydney site. Please visit the site regularly.

9. Privacy Statement
By purchasing a ticket to the Event, you consent to Red Live and its Associated Entities and ticketing agent Ticketek collecting your personal information for the purpose of ticketing, Event management, Event safety, surveys and marketing, including promotion of X Games Sydney 2018 and related events, as well as offers from Red Live, its Associated Entities and selected business partners regarding other events, products and services. Red Live will otherwise handle your personal information in accordance with the Seven West Media Group's Privacy Policy which is available at www.sevenwestmedia.com.au/privacy (and which contains information regarding how you can access your personal information, correct it and/ or make a complaint about our handling of your personal information). By purchasing tickets to the Event, you agree to the terms of Seven West Media's Privacy Policy. Without limiting the foregoing, Red Live may disclose your personal information to its related entities, business partners and external service providers for research and profiling purposes as well as other purposes reasonably related to your relationship with Red Live. In addition, you consent to Red Live using your personal information for the purpose of Red Live and its related entities and business partners sending you information regarding events, programs, products and services available through them. We will always provide you with the ability to opt out of those communications.

10. Media accreditation

If you are a representative of a media organization, you must apply for the appropriate accreditation from Red Live before being admitted to the Event.

11. Governing law
These X Games Terms are governed by and construed in accordance with the laws in force in New South Wales, Australia. You irrevocably and unconditionally submit to the non- exclusive jurisdiction of the courts of New South Wales.

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