Prize Winner Liability Template - PDF

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Prize Winner Liability Template - PDF Powered By Docstoc
					prize winner terms & conditions

    Prize:                                                                                                            (the "Prize")
    Prize Winner:                                                                                                     (the "Prize Winner")
    Prize Winner's Invitees*:
                                                                                (the ''Permitted Invitees")
    * only where expressly permitted under the competition terms and conditions.

    The Prize Winner and the Permitted Invitees (together, the "Participants" and each a "Participant") acknowledge
    and agree as follows:

 1 Trackcorp Adrenalin Pty Ltd A.B.N. 13 117 402 838 (“Trackcorp Adrenalin”) is the organiser of the programme of adventure and/or travel experiences
   constituting the Prize. Trackcorp Adrenalin is not the promoter of the competition in respect of the Prize. Trackcorp Adrenalin is not the provider of the
   Prize and shall not be liable for any alterations, acts or omissions on the part of those supplying accommodation, restaurant services, transport services,
   activities or any other goods or services forming part of the Prize.

  2 Without limiting clause 1, Trackcorp Adrenalin does not accept any liability whatsoever (including, without limitation, in respect of injury, death, losses or
    additional expenses incurred) that is caused directly or indirectly by any events outside of Trackcorp Adrenalin's control, including, without limitation,
    delays or changes in air or other transport services, weather, strikes, war, quarantine, civil disturbance, fire, flood, acts or threats of terrorism, travel
    warning or bans, acts of God, acts of Government or of any other authorities, accident to or failure of machinery or equipment or industrial action.

Participants' responsibilities:
 3 Where the Prize includes international travel the Participant must ensure he or she is in possession of a passport valid for at least 6 months after the trip
    return date, and all necessary documentation complying with all government and transport regulations. A visa may be required to travel to certain
    countries. It is the Participant's responsibility to make all inquiries in this regard. Trackcorp Adrenalin recommends that you make inquiries with the
    Department of Foreign Affairs & Trade ("DFAT") regarding countries of destination including as to whether vaccinations are recommended. DFAT may
    also issue travel advisories and warnings for certain countries from time to time. Visit:

  4 The Participant is responsible for taking out insurance in respect of travel and/or adventure activities included in the Prize. The Participant is responsible
    for checking personal insurance policy conditions as participation in adventure activities may in some circumstances void your individual or company

  5 Baggage and personal effects are at the Participant's own risk. It is the responsibility of the Participant to take out appropriate insurance if desired, unless
    this insurance is included in the Prize.
  6 If car hire forms part of the Prize, the driver will be responsible for all fuel costs and the insurance excess in the event of an accident or theft. The
    Participant may also be required to be at least 21 years of age, depending on the programme location, and be in possession of a current drivers license
    not currently under suspension or cancellation. Wherever possible Trackcorp Adrenalin will provide all car hire terms & conditions to the Participant prior
    to departure.

  7 Prizes are not transferable and not redeemable for cash.
  8 The Prize must be taken as offered.
  9 The Prize must be completed within the specified time limit or be taken on the specified date and is subject to booking and flight availability.
10 No responsibility is accepted for any variation in the value of the Prize.
11 If the winner of the competition in respect of the Prize is under 18 years of age, the Prize will be awarded to the minor's parent or legal guardian.

12 Trackcorp Adrenalin has the right to alter travel and accommodation promoted as being included in the Prize to a similar standard if unforeseen
   circumstances occur or if availability does not allow when the Prize Winner chooses to take the Prize.
13 Due to the nature of the activities included in the Prize, Trackcorp Adrenalin reserves the right to cancel part or all of the Prize activities with 24 hours
   notice and where possible but without obligation to do so re-schedule at no extra cost to the Prize Winner. This precaution is designed to ensure that
   safety and enjoyment of such activities is not compromised by bad weather, unsafe conditions or mechanical failure.
14 Once a date has been chosen by the Prize Winner to redeem the Prize, Trackcorp Adrenalin may not be able to change this. However, where this is
   possible Trackcorp Adrenalin reserves the right to charge an amendment fee of $70 per amended item to cover additional co-ordination time. This
   applies to any changes, such as dates, airline tickets and accommodation. Some service providers also charge fees for changes and the Prize Winner is
   liable for these charges.
15 As the Prize is not redeemable for cash, any notice of cancellation received by the Prize Winner does not entitle the Prize Winner to any refund.
16 No refund will be made on any unused portion of the Prize, nor can components of the Prize be substituted for alternative arrangements once the Prize
   programme has commenced.

                                                 TRACKCORP ADRENALIN PTY LTD ABN 13 117 402 838
                                                     20 Burton Street, Darlinghurst NSW 2010
                                                      T:+61 2 9360 0799 F:+61 2 9360 0855
prize winner terms & conditions cont.
Acknowledgement of Risk and Liability:
17 Trackcorp Adrenalin warns and the Participant acknowledges that some activities included in the Prize are inherently dangerous. If the
   Participant chooses to participate they do so at their own risk. In particular, a reasonable level of fitness and physical mobility is required with fixed
   physical size and weight limits (190cm, 95kg) applying for some activities.
18 In electing to be provided with any activities, experiences, accommodation, meals or other elements of the Prize, to the full extent permitted by law, the
   Participant releases Trackcorp Adrenalin, its officers, employees, agents and contractors from any claim, loss or liability that may be suffered or incurred
   in connection with the Prize and indemnifies and will keep Trackcorp Adrenalin, its officers, employees, agents and contractors indemnified from and
   against any such claim, loss or liability.

19 Except as set out in this document, Trackcorp Adrenalin makes no express warranties or representations in relation to the Prize.
20 Subject to clause 21, Trackcorp Adrenalin:
(a) excludes all implied warranties and conditions under statute or general law as to merchantability, description, quality, suitability or fitness for purpose,
    due care and skill or otherwise;
(b) limits its liability for breach of an implied condition or warranty that is not capable of being excluded to one of the following at Trackcorp Adrenalin's
    (i) supplying the relevant services again; or
    (ii) the payment of the costs of having the relevant services supplied again;
(c) Will not be liable for any loss of profit, indirect, consequential or incidental loss, damage or injury in connection with the Prize.
21 Nothing in this document will exclude, restrict or modify and rights or remedies which the Participant has under the Trade Practices Act 1979 (Cth) or
   under other legislation, which under such laws cannot be excluded, restricted or modified by agreement.
22 Trackcorp Adrenalin and its operators shall not be liable for any losses or additional expenses due to delays or changes in rail or other transport
   services, sickness, weather, strikes, war, quarantine, or other causes.
23 If the Participant is reasonably considered to be under the influence of alcohol or drugs then the Participant will be prevented from participating in any
   Prize activities.
24 The Participant acknowledges and agrees that he or she may be required to sign an acknowledgement of risk/ waiver and/or indemnity document with
   the operator of any Prize activities as a condition of participating in any Prize activities.

25 The Participant warrants that he/she does not suffer from any medical condition and/or incapacity which may impair the Participant's ability to participate
   in Prize activities and further, that the Participant does not suffer from any heart condition, epilepsy, pregnancy or other medical condition which may
   result in the Participant potentially placing the Participant or others in a position of risk, by undertaking the Prize activities.

Governing Law:
26 This document is governed by and construed in accordance with the laws of the State of New South Wales and the parties submit to the non-exclusive
   jurisdiction of the courts of such state.

    Each participant must sign




    Parent's or Guardian's Approval (if any Participant is under 18 at time of redeeming Prize)




                                                 TRACKCORP ADRENALIN PTY LTD ABN 13 117 402 838
                                                     20 Burton Street, Darlinghurst NSW 2010
                                                      T:+61 2 9360 0799 F:+61 2 9360 0855

Description: Prize Winner Liability Template document sample