By participating in The Hunt: Mayday Edition, organised by Experios Entertainment Pty Ltd (Experios), You warrant and represent to Experios that:
– You acknowledge that each of the participants in Your group/team will need to register for this Event individually; and
– You acknowledge that when registering for the Event, You have read, understood and agree to be bound by the Terms and Conditions (as defined below); and
– You acknowledge and agree that if You participate in the Event, You must comply with the Terms and Conditions (as defined below)
1.1 “Associates” means Experios and its directors, employees, partners, agents, contractors, volunteers, the owners, licensees and occupiers of land upon which the Event or any part of it is conducted, any statutory body or local authority having control over any land upon which the Event or any part of it is conducted, Event sponsors, or any other person or organisation, which is directly or indirectly involved with promoting, staging, administering, running or controlling of the Event.
1.2 “Claims” means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising including but not limited to negligence in this Event.
1.3 “Consent” means reading, understanding and agreeing to these Terms and Conditions at the moment You register to participate for this Event.
1.4 “Eligibility Requirements” means the requirements that must be satisfied for You to enter and participate in the Event, details of which are provided in paragraph 2 of these Terms and Conditions.
1.5 “Event” means the Experios’ event You are participating in.
1.6 “Experios” means Experios Entertainment Pty Ltd ABN 65 645 829 349, our subsidiaries and authorised representatives. All references to “Our”, “Us” or “We” are references to Experios Entertainment Pty Ltd.
1.7 “Force Majeure” means all unexpected events and problems, which reasonably are not to be expected and could not have been prevented. This includes, but is not limited to, third-party negligence, website outages, strikes, weather conditions.
1.7 “Terms & Conditions” means these terms and conditions and the warning note provided in accordance with the Competition and Consumer Act 2010 Cth and the relevant state legislation allowing recreational service providers to limit their liability to You and where the context allows, any policies and rules applicable to the Event including those stipulated on Our website (https://www.experios.com.au).
1.8 “You” means the person named on the Event registration being the participant in the Event.
2.1 You must be at least 18 years of age on the date of the Event. We may require You to show Your identification to confirm Your age.
2.2 You must be living within the state of Victoria, Australia.
2.3 You are not direct or indirect friends, family, colleagues, relatives, partners, contractors or (ex)employees of Experios, the Associates or anyone involved in the organisation of the Event.
2.4 You have no prior knowledge of the (results of the) Event and You do not have any advantage over other participants due to any inside information.
2.5 You must be medically and physically fit and able to participate in the Event without any assistance. You acknowledge that You do not have any impairment whether physical, intellectual or otherwise that could cause danger to yourself or others in participating in the Event. You also acknowledge that you do not have Covid-19 and are not a close contact of someone with Covid-19.
2.6 You must be of sound mind and body and not under the influence of alcohol or any illicit or (prescription) drug or medication which may in any way impair Your ability to enter into this agreement, fully understand the respective intent and meaning of all of the terms and provisions hereof and to participate in the Event.
2.7 You are registering and participating in this Event voluntarily, by Your own free will, act and deed, without any undue influence from the organisers or any other third-party.
2.8 You release Experios from any obligation to conduct enquiries in respect of Your fitness or suitability for participation in the Event and acknowledge that the Event may involve physical and active activities.
2.9 If You are unsure about your medical and physical fitness to participate in this Event You must seek advice from a medical practitioner before attending the Event or refrain from participating.
3.1 Experios reserves the right to refuse anyone for registration and participation of the Event for any reason, including where an applicant does not meet the Eligibility Requirements.
3.2 Experios accepts no liability for any late, lost or misdirected entries due to technical disruptions, network connections or any other reason outside the control of Experios or its Associates.
4.1 If You participate in the Event, You accept to comply with any reasonable direction issued by the Event organisers, Associates or their representatives.
4.2 If You participate in the Event and for any reason it is deemed unsafe to continue, You accept to immediately withdraw from the Event. If You need any medical assistance, You will immediately seek assistance from a medical practitioner and/or dial 000, and any cost associated is for your own expense.
4.3 You acknowledge that You should not access any private lands, premises, paths or roads in participating in the Event. You must stay on public property and should be mindful of others around You. You acknowledge that Experios will never ask you to trespass or do anything unlawful. You further acknowledge and agree that in entering into or accessing public or private lands, premises, paths or roads:
4.3.1 You do so at Your own risk at all times; and
4.3.2 You must comply with all laws and regulations at all times; and
4.3.3 without limiting the generality of Condition 6, You indemnify and shall keep indemnified Experios from and against all liability arising out of or in relation to Your crossing or entering upon public or private lands, premises, paths or roads, including but not limited to liability for injury, loss and damage to persons or property.
4.4 You acknowledge and agree that Experios has the right to determine set rules in connection with the Event as it considers in its absolute discretion necessary, including the right to disqualify You or otherwise remove You from participating in the Event, in which event You acknowledge that You will not be entitled to any monies paid by You in connection with the Event.
4.5 You acknowledge that Experios makes no promises, representations or warranties about:
4.5.1 the offering of any prizes, gifts or awards to participants of the Event;
4.5.2 the quality, likeability, suitability or fitness for purpose of any prizes, gifts or awards, and You further acknowledge and agree that in participating in the Event You have no expectation that You will receive a prize gift or award.
4.6 You agree to be careful when crossing roads, moving around and partaking in the Event. You agree to never break any local rules and regulations and You will not do anything unlawful or dangerous. You also agree to always follow the direction/advice of authorised officers, even if this leads to withdrawing from the Event.
4.7 You acknowledge that Experios and its affiliates may at their sole discretion and without liability terminate, modify or suspend the Event in whole or in part without notice and at any time if the conduct safety, administration, security or otherwise, if the Event, as anticipated by these Terms and Conditions, is compromised or interfered with, and without limiting the generality of Condition 6 You indemnify and shall keep indemnified Experios against all liability arising out of or in relation to any such termination, modification or suspension of the Event, including but not limited to liability for injury loss and damage.
4.8 You acknowledge that Experios does not warrant or represent that access to or participation in the Event will be uninterrupted or error free.
5.1 You acknowledge that participation in the Event can be inherently dangerous and that You may be exposed to certain risks during the Event including, but not limited to, overexertion, dehydration, serious accidents, exposure to a range of potential hazards and adverse weather conditions. These risks can and often eventuate and may result in You being personally injured or killed or Your property being damaged or the event being cancelled. By entering into or participating in the Event You agree that:
5.1.1 You have read and understood the risks associated with participating in the Event and this warning, and accept and assume the inherent risks in participating in the Event.
5.1.2 You are fully responsible for the security of Your personal possessions at the Event including other valuable items. You agree that Experios is not responsible or liable for the repair or replacement of any personal possessions whether lost, damaged, stolen or otherwise.
5.1.3 You acknowledge that where You are a consumer of recreational services, as defined by the Competition and Consumer Act 2010 (Cth) or any relevant state law, certain terms and rights usually implied into a contract for the supply of goods or services may be excluded. You acknowledge that these implied terms and rights and any liability of Experios flowing from them, are expressly excluded to the extent permitted by law. To the extent of any liability arising, the liability of Experios will, at its discretion, be limited in the case of goods, to the replacement, repair or payment of the cost of replacing the goods and in the case of services, the entry fee relating to the Event.
In consideration of Experios accepting Your entry to the Event, You, on behalf of yourself, Your heirs, executors and administrators, to the extent permitted by law:
6.1 release Experios and the Associates from all Claims that You have or may have had but for this release arising from or in connection with Your participation in the Event; and
6.2 indemnify Experios and the Associates and will keep Experios and the Associates indemnified in respect of any Claim (including for negligence, breach of contract or breach of Statute) by any person including another participant in the Event arising as a result of, in connection with, or in relation to Your participation in the Event. This indemnity may be pleaded as a bar to any Claims. The releases and indemnities in the Waiver continue forever and bind You, Your heirs, executors, personal representatives and assigns.
6.3 A term of this clause 6 will not apply where the term contravenes the law of the relevant jurisdiction under which any legal action is legitimately taken however such terms are severable and do not invalidate the remaining terms.
7.1 You acknowledge that participating in the Event is fully at your own risk and that Experios does not cover You for any and all injury, loss or damage sustained by You, to You or to anyone else that is directly or indirectly participating in the Event. You also agree that You can, in Your own interest and at Your own expense, seek and obtain personal insurance.
7.2 You acknowledge that due to the nature of the Event there will be no one from Experios or Associates (immediately) available to help You or anyone near You in case of injury, loss or damage.
8.1 You acknowledge that entry to the Event is free, with a limited number of entry spots available.
8.2 You acknowledge that Experios uses a third-party organisation (Eventbrite) for the registration of this Event.
8.3 You acknowledge that entries for the Event are non-transferable to other events.
8.4 Any attempt to transfer Your entry to another person results in the cancellation of Your registration and You may be prohibited from participating in other Experios events.
8.5 You must not offer Your (or any other persons) registration for sale through any medium, offline or online. All individuals involved in such conduct will be disqualified from the Event.
9.1 Experios may cancel the Event for any reason (including but not limited to extreme weather or other dangerous conditions) and at any time.
9.2 There will be no refunds for any other items purchased at the time of registration.
9.3 You acknowledge and agree that due to the nature of this event and the element of “luck” in the prevailing conditions, Your entry and participation in the Event may be affected by matters outside of the control of Experios, including but not limited to the weather, safety and other conditions. You accept that in such circumstances Experios has the right to alter the format of, shorten, or cancel the Event in the interest of participants safety. Experios will use all reasonable efforts to conduct the Event in the planned format if safe to do so. Should any reason outside the control of Experios, including and without limitation Force Majeure, weather or other dangerous conditions, war, strike or any other act of God force any change, You accept that Experios is not obliged to provide You with any moneys, prize, credit, transfer to another event or to restage the Event.
Experios may disclose your personal information to third-parties involved in the Event. You acknowledge that any information provided when registering, or during/after the Event is Experios’ absolute intellectual property and is owned by Experios and/or its licensors. You further acknowledge that You are not granted any right or interest in any such intellectual property except as stated in these Terms and Conditions.
10.2 You acknowledge that any content provided to Experios, either in person, via email, via the Experios website or via social media (including Facebook, Instagram, LinkedIn and other channels) is stored by Experios and may be used for promotional and marketing purposes for this Event, future events or other products.
10.3 You warrant that the information You provide during Your event registration is accurate and correct. If You provide incorrect information, Experios may disqualify You from the Event and You may be ineligible to participate in future Experios events.
10.4 You consent to the Event organisers using Your name, image, likeness, voice, statement and also Your performance in the Event (including the publication of Your name and/or Event result and applicable age bracket), at any time, to promote the Event or any future similar events by any form of media.
10.5 You consent to receiving electronic newsletter material from Experios prior to and after the Event. You acknowledge and agree that Your information may also be used for marketing purposes by a third-party.
11.1 You consent to providing your details for Experios to award You a prize, in case You and Your team are the winner of the prize. Details include legal name, email address, phone number, address, date of birth, bank account and any other relevant details that may be required.
11.2 You acknowledge that prizes are provided to the winning teams only. In case You participate with more than 1 person as a team, You consent to nominating 1 person to claim the prize. Experios is not responsible for the distribution of the prize to other team members and this is solely Your responsibility.
11.3 You acknowledge that it is up to Experios’ sole discretion to decide on who wins a prize and what the amount for a prize is. Experios reserves the right not to hand out prizes or change the amount of the prize, for example when there is no winning participant. You acknowledge that the process of awarding prizes cannot be disputed and that the winner of the prizes is decided by Experios.
11.4 You acknowledge that Experios will aim to award prizes to You, if You are awarded a prize as a winning team, within a reasonable time frame. You acknowledge that it may take time for Experios to get this organised and acknowledge that the prize will not be available during or straight after the Event.
11.5 You acknowledge that You and Your team can only win 1 prize during this Event. Once a prize has been awarded to You, You can no longer compete in the Event and have to withdraw from the Event.
11.6 You acknowledge that if You win a prize, the prize will be awarded in the nominated value, in the form of cash, a voucher, a bank transfer, a cheque or another form of payment. You acknowledge that it is up to Experios to decide in what form the prize will be provided to You.
Your participation in the Event is governed by the laws of the state of Victoria, Australia or as otherwise agreed by the parties.
You agree and accept that Experios may vary or amend these Terms and Conditions without prior notice to You, provided the change is not material to Your participation in the Event.
If any term or condition (in whole or in part) is illegal or unenforceable, that term or condition (or part) is to be severed from the Terms and Conditions to the extent that it is illegal or unenforceable. Any remaining part of a term or condition remains valid continues to operate to its full force and effect.