Official Website Terms and Conditions of Use
- You agree to comply with all rules, laws and regulations relating to Your use of the Website. Without limiting the above, You must not use or attempt to use the Website in any way: (a) that is unlawful or could cause MSL, its affiliates or its partners to be in breach of any law or incur liability to any person; (b) which is discriminatory, racist, harassing, threatening, abusive, offensive, obscene, defamatory, libellous, or hateful (including “trolling” type behaviour); (c) that may embarrass MSL, Marvel Stadium or MSL’s affiliates, partners and sponsors, or bring any of the same into ridicule or disrepute; (d) which could obstruct, interfere with or damage the Website, our systems, networks or equipment or those of another person; or (e) which does or attempts to manipulate or circumvent any limitations on the Website by any means.
- You may use the Website solely for Your own lawful, personal, non-commercial purposes. We do not recommend the Website for any particular purpose, product, platform, website, application, device or other use. Your access to and use of the Website is entirely at Your own risk. You should obtain your own independent expert advice if You are considering relying on any information published on, or provided via, this Website.
- The Website may contain links to third party sites as well as to images, text, graphics, videos and information belonging to or originating from a third party. The links are provided solely for Your convenience and MSL does not endorse or approve or represent the accuracy, completeness or suitability of such links. You access those third party sites and use the information, products and services made available at those third party sites at Your own risk.
- Except to the extent required by law, MSL: (a) does not warrant the availability, suitability or fitness for purpose of the Website; (b) makes no guarantees that the Website content will be complete and current, or that access to the Website will be error free, uninterrupted, secure, virus-free or always available or available with any particular capacity; (c) makes no warranty that the Website will work on every computer, computer system or device used by You; and (d) without limiting the foregoing, disclaims all responsibility for any third party materials, websites, content, data, information, programs or other material accessed by You in connection with Your use of the Website. You must take Your own precautions to ensure that accessing the Website does not expose You to the risk of viruses, malicious computer code or other forms of interference or damage which arises in connection with Your use of the Website.
- You acknowledge that MSL owns, or is licensed or otherwise permitted to use, all intellectual property rights in the Website and its content, and all trademarks, icons, trade names, logos, images, devices, software, content and systems contained within the Website, and You must not dispute ownership of them or do any act, matter or thing which is inconsistent with or adverse to MSL’s rights. All trademarks, icons, trade names, logos, images, devices, software, content and systems displayed on, or subsisting in, the Website may not be used without MSL’s express prior written consent and, except as permitted under the Copyright Act 1968 (Cth), no part of the content in this Website may be directly or indirectly used, copied, stored, published, reproduced or transmitted in any form or by any means (including, but not limited to electronic, mechanical, photocopying, or recording) except with our specific and prior written consent or that of the copyright owner. You acknowledge that any unauthorised use may violate applicable laws and our legal rights. Except as permitted by law, You will not copy, reverse engineer, disassemble, decompile, translate, modify, reproduce, republish, transmit, sell, offer for sale, disseminate or redistribute the intellectual property found in the Website or any part thereof.
- You grant MSL a worldwide, non exclusive, perpetual, transferable, royalty free licence to make use of all data, materials, information or other content (Data) that You transmit, upload or input onto the Website in the course of using the Website, and intellectual property rights subsisting in the Data, for any purpose connected with MSL’s business or the operation of the Website, including without limitation for providing any services to You. You warrant that all Data provided by You to MSL through the Website is accurate and complete, and that You own or have the legal right to use and upload (as applicable) all such Data. You are solely responsible for: (a) any Data that You upload, download or otherwise communicate through or in connection with Your use of the Website; and (b) where applicable, maintaining the security and confidentiality of all Your usernames, passwords and other security-based information.
- To the fullest extent permitted by law, MSL, its affiliates, employees, agents, contractors or assigns are not liable for any loss or damage however caused in relation to Your use of or access to the Website or its content, including but not limited to, loss or damage: (a) arising from MSL’s negligence; (b) due to viruses downloaded or errors or failures of access to the Website; and (c) to Your computer systems, devices, data, information, property or equipment. Without limitation, this clause applies to direct, indirect, consequential, exemplary, incidental, special, punitive or any other losses or damages that You or others may suffer, as well as damages for loss of profits, goodwill, use, business interruption or the loss of data or information.
- You agree to indemnify MSL, its affiliates, employees, agents, contractors and assigns from and against any and all loss, damage, expense, cost, liability, demand, action, or claim suffered or incurred by MSL as a result of or in connection with any negligent act or omission, use or misuse of the Website or breach of the Agreement, by You.
- MSL can suspend or disable the Website or Your access to the Website, or permanently cease operating the Website, in its sole discretion, without notice, and without any liability to You. Termination of these Terms does not affect a party’s rights or obligations up to the effective date of termination.
- MSL may at any time and in its sole discretion alter or amend these Terms (including to reflect where features of Website are revised, updated, or otherwise altered). Any changes contemplated by this clause will be made available in a form determined by MSL (which may include publication on the Website). By continuing to use the Website You consent to amendments to these Terms and it is Your responsibility to regularly check these Terms for any amendments.
- If MSL does not enforce its rights under any of the provisions of these Terms, MSL may still require strict compliance in the future.
- If all or part of any one or more provisions of these Terms are judged void, invalid or unenforceable in all the circumstances, that portion will be severed to the minimum extent required and will not affect the validity or enforceability of the remaining provisions
- These Terms are governed by and construed in accordance with the laws of Victoria, Australia and the parties hereby agree to submit to the non-exclusive jurisdiction of the Victorian courts.
- The Website may be accessed outside of Australia. We make no representations that the Website complies with the laws (including intellectual property laws) of any country outside Australia. If You access the Website from outside Australia, You do so at Your own risk and are responsible for complying with the laws in the place where You access the Website.
- These Terms only govern Your access to and use of the Website. If You acquire our products or services or enter into any transaction, or have any other dealings with MSL, then such acquisition, transaction or other dealings will be governed by the terms of any separate agreement between You and MSL.
Terms and Conditions for Competitions
Piecasso Challenge – Instagram Giveaway
1. How to Enter: entry to Melbourne Stadiums Limited’s Marvel Stadium (Venue) promotion (Promotion) is open to Victorian residents who attend a match of AFL during Round 16 – 19 inclusive of the 2022 Toyota AFL Premiership Season at the venue (Match) and is subject to these Terms and Conditions (T+Cs). To enter the Promotion, entrants must submit a photo on Instagram Stories of ‘pie-art’ throughout during the Promotional Period using the hashtag #IamPiecasso.
2. Acceptance of T+Cs: these T+Cs, together with all other information and instructions provided prior to entering the Promotion, form part of the rules of entering the Promotion and participation in the Promotion is deemed acceptance of these T+Cs.
3. Eligible Entrants: Entrants will be required to have an Instagram account and post an image on their stories using the specified hashtag in order to enter in the Promotion. Persons and their immediate families in the following categories are not eligible to enter the Promotion: (a) Venue’s employees; (b) Venue’s contractors and their employees; and (c) staff associated with companies donating prizes in this Promotion.
4. Duration of Promotion: The Promotion will be valid from 30 June 2022 at 11am through to and concluding on 17 July 2022 at 11.59pm. For the avoidance of doubt, each weekly round of AFL matches held between rounds 16-19 inclusive at the Venue during the 2022 Toyota AFL Premiership Season will constitute a separate and individual “Promotion” during the period of that weekly round and each such weekly round will constitute the applicable Promotional Period for that Promotion.
5. Entry: To enter one or all weekly Promotions, entrants must take a photograph at any Match and post that photo on their individual Instagram stories with the hashtag #Iampiecasso and tag @marvelstadium and @fourntwenty. Entry to the Promotion is through the Instagram Platform only, and any costs associated with entry are the responsibility of the entrant. The use of any automated software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid. The Venue is not responsible for any technical malfunctions of computer, online or wireless systems, servers or providers, computer equipment, software or other problems resulting from participation or sending or receiving any communication or materials associated with this Promotion.
6. Number of Permitted Entries: multiple entries are permitted for each weekly Promotion provided each entry is submitted in accordance with these T+Cs.
7. Selection of Winners: All entrants who post a photo using the correct hashtag will be entered into a draw for that weekly Promotion following which one (1) weekly winner will be randomly selected following the conclusion of each applicable Promotional Period. Following this the each weekly winner will be posted at the end of the competition period with the overall winner selected by the most number of comments on their post to receive the major prize.
8. Prize Details Four weekly prize winners will be entitled to receive a double-pass to the Marvel Stadium Medallion Club and a $100 Charge Card valued at $350 Australian Dollars
(weekly prize). A final winner will be entitled to receive A fully catered corporate suite at Marvel Stadium for Twelve (12) people valued at $6,000 (major prize).
9. Costs Associated with Use of Prize: each winner is responsible for organising and paying all costs and expenses associated with use of each prize including but not limited to flights, transport, parking, insurance, transfers, spending money and accommodation (if applicable).
10. Restrictions on Use of Prize: where a prize includes a ticket, ticket allocation (date and seating) is at the Venue’s sole discretion. Tickets may not, without the prior written consent of the Venue, be re-sold or offered for resale at a premium (including via online auction sites) or used for advertising, charity fundraising, promotion or other commercial purposes (including but not limited to competitions and trade promotions) or to enhance the demand for other goods or services, either by the winner(s) or any subsequent bearer. If a ticket is sold or used in breach of this condition, the ticket may be cancelled and the bearer of the ticket may be refused admission. The Venue’s and event owner’s usual ticketing and venue terms and conditions apply to all tickets provided under this Promotion and by accepting tickets entrants agree to be bound by their respective terms.
11. Delivery of Prizes to Winner(s): the Venue will arrange for each prize to be delivered to each winner to an address within Australia or provide the entrant with the voucher on the match day that they have entered the promotion.
12. Prize Value: Each weekly prize is valued at $350 ex GST (Australian dollars). The major prize is valued at $6,000 ex GST (Australian dollars). Prizes not claimed by the winner will be forfeited and not awarded to an alternate winner. Prizes are not transferable or redeemable for cash. Venue takes no responsibility for any variation in prize value between the date of publication and the date a prize is taken. Total prize pool value for the Promotion is $11,600 ex GST (Australian dollars).
13. Prizes Not Transferable: a prize, or any part of a prize, is not transferable or exchangeable and cannot be taken as cash.
14. Cancelled / Postponed Event: the Venue accepts no responsibility for any loss or damage suffered in the event that the event selected as part of each prize is postponed, cancelled, rescheduled or relocated for any reason whatsoever. If a prize or part of a prize is unavailable, the Venue reserves the right to substitute a different prize item of equal or greater value in the Venue’s absolute discretion.
15. Winner Notification: Weekly prize round winners will be promptly notified by email or in other public forums or via their social media channel (Facebook or Instagram) where further contact information and details will be requested including, but not limited to, full name, phone, email, and address following the end of each round of the 2022 Toyota AFL Premiership Season Promotion (including by being published and promoted on the Venue’s official website and other social media platforms). The major prize winner will be notified on Saturday 30th July 2022. Entrants consent to the Venue 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 services supplied by the Venue.
16. Validity of Entries: The Venue 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 T+Cs or who tampers with the entry process. If there is a dispute as to the identity of an entrant, the Venue reserves the right, in its sole discretion, to determine the identity of the entrant. Errors and omissions may be accepted at Venue’s discretion. The Venue’s failure to enforce any of the Venue’s rights at any stage does not constitute a waiver of those rights.
17. Late Entries + Time of Receipt: The Venue accepts no responsibility for late, incomplete, indecipherable, lost or misdirected entries all of which are deemed invalid. All entries are deemed to be received at the time of Venue’s receipt of the entrant’s comment within the Venue’s post, not at the time of submission or transmission by the entrant.
18. Modification: The Venue reserves the right to the fullest extent permitted by law to: (a) disqualify any entrant who tampers with the entry process; and (b) cancel, terminate, modify or suspend the Promotion at any time, subject to any written directions from a regulatory authority.
20. Venue’s Liability: nothing in these T+Cs limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010, 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 be excluded by law, including the Non-Excludable Guarantees, Venue (including the Venue’s 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 the Promotion, including, but not limited to, where arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under the Venue’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 receipt by the Venue) due to any reason beyond the Venue’s reasonable control; (d) any variation in prize value to that state in these T+Cs; (e) any tax liability incurred by a winner or entrant; (f) participation in the Promotion, use of any prize or attendance at the Venue; (g) if any prize event is cancelled or delayed for any reason
beyond the reasonable control of the Venue; and/or (h) redemption of a prize including attendance at a prize event.
21. Advertising Channels: any Promotion promoted or run through or in connection with third party platforms or the Venue’s social media accounts (including its Facebook, Twitter and Instagram accounts) is not sponsored, endorsed, administered by, or associated with those platforms and entrants acknowledge that applicable platforms have no liability to entrants in relation to the Promotion. Entrants agree to fully release applicable platforms from any and all liability in relation to their participation in this Promotion. All information entrants provide in connection with this Promotion is to the Venue and not to applicable platforms.
22. Submission of Material: without limiting clause 19 above, when a Promotion involves submission of materials by entrants including comments, written materials, recordings and images (Material) then when entrants submit any Material via the Promotion the entrant, unless Venue advises otherwise, licenses and grants to Venue, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, communicate, publish and display such Material for any purpose in any media, without compensation, restriction on use, attribution or liability. Entrants agree not to assert any moral rights in relation to such use. Entrants warrant that they have the full authority to grant these rights (including any copyright). Entrants agree that they are fully responsible for the Material they submit. Venue shall not be liable in any way for such Material to the full extent permitted by law. Venue may remove any Material without notice for any reason whatsoever. Entrants warrant and agree that: (a) they will not submit any Material that is unlawful or fraudulent, or that the Venue may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication; (b) their Material shall not contain viruses or cause injury or harm to any person or entity; (c) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems; and (d) the Materials comprised in their entry to the Promotion are their own work and do not plagiarise or use the work of others unless specifically authorised to do so. Without limiting any other terms herein, the entrant agrees to indemnify the Venue for any breach of the above terms.
23. Venue: the Venue is Melbourne Stadiums Limited ABN 37 098 476 594 trading as ‘Marvel Stadium’. Address: 740 Bourke Street, Docklands VIC 3008. Email: email@example.com Phone: + 61 3 8625 7000. Fax: + 61 3 8625 7784. Any questions, comments or complaints regarding this Promotion should be directed only to Marvel Stadium via firstname.lastname@example.org and not to Facebook or Twitter or any other platform through which the Promotion may be promoted.