Melbourne 2006 Commonwealth Games Conditions of Attendance
General1. Any Ticket howsoever purchased or obtained (including without limitation by Order or ticket request, telephone, internet sales, through a package or walk-up purchases at official Games Ticket outlets or Venues), and your entry to and presence at the Games is subject to these Conditions and the conditions of entry displayed at Venue entrances. You should also note that transaction limits may apply to Ticket purchases at the sole discretion of M2006.
2. It is your responsibility to inform yourself of the Conditions. By purchasing a Ticket, you are deemed to have accepted and understood as binding on you all Conditions and any accompanying risks, obligations and responsibilities. These Conditions can also be found on the website www.melbourne2006.com.au.
3. Breach of a Condition may:
(a) result in refusal of entry to a Venue;
(b) lead to you being evicted from the Venue;
(c) result in confiscation and/or cancellation of the Ticket and/or non-refund of the price of the Ticket; and/or
(d) constitute an offence under the Sports Event Ticketing (Fair Access) Act 2002 (Vic).
4. All seating bowl Venues provide wheelchair access and spaces for individuals with a disability. Unless you are an individual with a disability, you may not sit or stand in any seating areas reserved for individuals with a disability.
5. If you hold a valid Companion Card (or recognised equivalent) you are entitled to an additional Ticket provided free of charge for your personal carer who must be in person with you at all times at the Venue. You must request a ticket for your carer at the time of purchase and present a valid Companion Card (or recognised equivalent) as evidence of your entitlement. A companion is a Ticket holder and is also bound by these Conditions. Please contact M2006 on 1300 00 2006 or visit www.melbourne2006.com.au if you require additional information about accessibility.
6. All dates, times, events and Venues of every Session are as specified on the www.melbourne2006.com.au website from time to time and may change without notice to you. Your entitlement to a refund or exchange in these circumstances is set out elsewhere in these Conditions and in the M2006 Refund and Exchange Policy described in item 11.
Ticketing7. If you are under 18 years of age at the time of purchase, you may only purchase Tickets under the supervision and with the permission of your parent(s) or guardian(s).
8. In respect of all Tickets you receive, you must comply and must ensure that each subsequent holder of any of your Tickets complies with:
(a) these Conditions;
(b) all laws and regulations, including the relevant provisions of the Sports Event Ticketing (Fair Access) Act 2002 (Vic);
(c) an Order, where applicable; and
(d) the rules and regulations of the Venue at which the Session is held, including terms of entry and any restrictions on restricted or prohibited items.
9. It is an essential term of these Conditions and of the right of admission to the Session conferred on the holder of a Ticket that you and each subsequent holder of the Ticket agree with M2006:
(a) not to sell or distribute the Ticket above face value unless you are authorised in writing to sell or distribute it on behalf of M2006; and
(b) not to use the Ticket for advertising, promotion or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services and not to bundle it with other goods or services without M2006’s prior written consent.
10. Once your Order or Ticket request is sent to M2006 or you accept possession of a Ticket you cannot cancel, change or otherwise reject your Tickets and, without limiting paragraph 32, refunds and exchanges are allowed only as expressed in these Conditions and described in more detail in the M2006 Refund and Exchange Policy, a copy of which can be obtained by contacting M2006 on 1300 00 2006 or on the website www.melbourne2006.com.au.
11. M2006 will refund the face value of the Ticket to the original purchaser only if:
(a) the Ticket is for a Session which is cancelled and cannot be rescheduled;
(b) the Games are cancelled; or
(c) you are entitled to a refund by virtue of the operation of the Trade Practices Act 1974 (Cth), the Fair Trading Act 1999 (Vic) or equivalent State legislation.
For a full description of when you are entitled to a refund or exchange, please refer to the M2006 Refund and Exchange Policy by contacting M2006 on 1300 00 2006 or consult the website www.melbourne2006.com.au.
12. If a Session is rescheduled to another date or Venue, you may either:
(a) use your existing Ticket for the rescheduled Session if the Venue has not changed; or
(b) where the Venue has changed, exchange your Ticket for a Ticket of the same or lower face value, subject to availability, to the rescheduled Session or to an alternative event.
Tickets may be exchanged in person at an authorised Games Ticket exchange location. You must provide the original Ticket at the time of exchange. To obtain further information relating to rescheduled Sessions, contact M2006 on 1300 00 2006 or consult the website www.melbourne2006.com.au within a reasonable period of time before the rescheduled Session. In addition, please refer to paragraph 11 for the M2006 Refund and Exchange Policy.
13. If you choose to exchange your Ticket for a Ticket of lower face value in accordance with paragraph 12(b), you agree not to claim the difference between the Tickets as a debt owing to you by M2006.
14. You cannot exchange your Ticket and you cannot obtain a refund if:
(a) after a Session has started it is cancelled for any reason, including due to inclement weather;
(b) the time of, participants competing in, or events included in a Session change after the date you purchased your Ticket;
(c) the participants competing in an event or Session change at any time without notice, whether through unavailability, injury, illness or for any other reason;
(d) you experience a change in personal circumstances; or
(e) you change your mind.
15. Tickets not purchased or obtained through M2006 or its authorised sales agents might be stolen or counterfeit tickets. M2006 accepts no responsibility for stolen or counterfeit tickets purchased or obtained through unauthorised sources. Spectators in possession of tickets that are counterfeit or have been reported as lost or stolen will be refused entry or removed from the Venue at M2006’s sole discretion. M2006 is not obliged to replace Tickets under any circumstances, including, but not limited to loss or theft. M2006 reserves the right, however, to replace a Ticket which has been lost or stolen and charge a fee for that replacement, in its sole discretion.
16. M2006 is not liable to you for any loss or damage you suffer as a result of the Games or any Session being cancelled, postponed or changed. This paragraph does not affect your entitlement to a refund or exchange as provided for in these Conditions and described in more detail in the M2006 Refund and Exchange Policy.
Conditions of entry17. M2006, or any person authorised by M2006, reserves the right, with reasonable cause, to refuse entry to any Ticket holder or remove any Ticket holder from a Venue.
18. If you bring children to the Games you are responsible for the care, conduct and supervision of those children at all times and must keep those children within your sight at all times. Children two years of age or under at the time of the Games will be admitted free of charge to Venues but must not occupy a seat and are only permitted to sit on the lap of a parent or guardian. Parents or guardians are responsible for the behaviour of children under the age of two. Children may not be permitted to enter certain areas at the Games for safety reasons as determined solely by M2006.
19. You must not enter the field of play of a Venue at any time. If you do, you may be:
(b) expelled from the Venue,
(c) banned from attending further Sessions at the Games,
(d) subject to legal action; or
(e) any combination of (a) - (d).
20. You must not, without the prior written consent of M2006, bring any of the following items into a Venue:
(a) any alcoholic beverages;
(b) any glass bottles or containers or other glass objects (excluding sunglasses, binoculars and prescription or reading glasses);
(d) any open beverage container;
(e) any drink coolers, ice boxes or eskies;
(f) any structure or item that may be used to erect a structure, or which is capable of supporting the weight of a person including, without limitation, any chairs, lounges, benches or stools;
(g) prohibited weapons or controlled weapons within the meaning of the Control of Weapons Act 1990 (Vic) whose possession would constitute an offence under that Act or articles capable of being used as weapons or anything which may be used in a way which adversely affects the safety of Patrons or participants in any race or other activity, damages property, or interferes with the comfort of Patrons or with their enjoyment of the Event. eg. knives etc.;
(h) any object that could be used to distract, hinder or interfere with any athlete, official, coach or trainer taking part in the Games, or disrupt, interrupt, or behave in a manner that may disrupt or interrupt, any Session, event or activity, whether intentionally or otherwise including (without limitation) a laser pointer (as that expression is defined in the Major Events (Crowd Management) Act 2003 (Vic));
(i) any animals (other than an animal providing assistance to an individual with a disability);
(j) any flags or banners larger than 1 metre x 1 metre, or with handles longer than 1 metre;
(k) any whistle, horn, musical instrument, loud hailer, public address system, electronic or other broadcast device or any other device which may interfere with electronic or radio communications or broadcasting signals or equipment used by M2006 or other persons authorised by M2006 in connection with the Games;
(l) any vehicle or transportation devices including, without limitation, any motorcar, motorcycle, motor scooter, bicycle, scooter, skateboard, roller skates or roller blades;
(m) any fireworks, flares or distress signals (as that expression is defined in the Major Events (Crowd Management) Act 2003 (Vic);
(n) any item that you intend (or such quantities of the item from which M2006 can reasonably infer that you intend) to distribute, hawk, sell, offer, expose for sale or display for marketing or promotional purposes;
(o) any dangerous goods (as that expression is defined in the Major Events (Crowd Management) Act 2003 (Vic). eg. combustible liquids etc.;
(p) any object, device or substance that may be used to deface or damage any part of the area used for the Games including (without limitation) any spray paint;
(q) torn up paper; or
(r) any item which is too large to fit under a seat.
21. You must not, in or around a Venue:
(a) post, stick or place or attempt to post, stick or place any poster, placard, bill, banner, print, paper or any advertising material on any building, structure, fence, tree or cordon without the prior written consent of M2006;
(b) distribute any printed or visual matter or distribute, display or promote any advertising or promotional material, samples of goods or services or any other matter or thing, without the prior written consent of M2006;
(c) distribute, hawk, sell, offer or expose for sale any goods or services or collect money or orders from patrons for goods and services, without the prior written consent of M2006;
(d) misuse, deface, damage, remove from the Games or tamper with or attempt to misuse, deface, damage, remove from the Games or tamper with any building, seat, chair, table structure, vehicle, craft, truck, pipe, tap, tap fitting, conduit, electrical equipment, wiring, or sign or excavate or cause to be excavated any part of the area used for the Games;
(e) block any thoroughfare including, without limitation, any stairs, steps, aisle, gangway, overpass, underpass, pontoon, bridge, passage, entry or exit;
(f) deposit litter, except in a receptacle provided for that purpose;
(g) throw or attempt to throw any stone, bottle, projectile or other object;
(h) disrupt, interrupt or behave in any manner that may disrupt or interrupt any Session, event or activity, distract, hinder or interfere with an athlete, interfere with the comfort of other patrons or their enjoyment of the Games;
(i) use indecent or obscene language or threatening or insulting words, or otherwise behave in a threatening, abusive, riotous, indecent or insulting manner;
(j) urinate or defecate otherwise than in a building or structure specifically provided for that purpose;
(k) interfere with, obstruct or hinder M2006 or its employees, agents or contractors in the exercise of his or her powers, functions or duties;
(l) operate or use a loud hailer, public address system or other broadcast device;
(m) conduct public surveys or opinion polls, solicit money, donations or subscriptions from members of the public, without the written consent of M2006;
(n) conduct entertainment without a licence from M2006;
(o) smoke in areas within a Venue nominated by M2006 as no-smoking;
(p) use photographic, video or audio recording equipment in areas where such use is prohibited or as otherwise directed by M2006 or its employees, agents or contractors; or
(q) inflate, or cause to inflate, any balloon, receptacle, device or structure;
(r) open an umbrella within the seating bowl of any Venue whilst there is a Session in progress; or
(s) bring a pram or pusher into a seating area, or any other area specified by M2006 or its authorised representative.
22. M2006 or any person authorised by M2006 shall, in its sole discretion, prevent you from entering or evict you from a Venue if you are under the influence of alcohol or drugs.
23. M2006 or any person authorised by M2006 may, at any time, search and inspect you or any bag, basket or other receptacle in your possession or control and may require you to turn out your pockets. M2006 reserves the right in its sole discretion to confiscate any item in contravention of these Conditions and to retain and/or dispose of any such item. M2006 reserves the right to refuse admission to a Venue to ensure compliance with these Conditions.
24. You agree not to hold yourself out or otherwise promote yourself or any good or service as being associated with the Games where you are not authorised by M2006 to do so in a way that would infringe the rights of those parties commercially associated with the Games and as otherwise provided for in the Commonwealth Games Arrangements Act 2001 (Vic).
25. You are responsible for your own property and M2006, the Venue and the State of Victoria will not be liable for loss or damage to any property brought to Venues. There is no cloaking available at Venues for prohibited items, except as required by law.
26. If requested by M2006 or any person authorised by M2006, you must produce your Ticket. Tickets which are unreadable due to mutilation of any kind will not be accepted. Should you fail to produce your Ticket, M2006 retains the right to remove you from the Venue. Re-admission to a Venue, including the issuing of pass-outs will be at the absolute discretion of M2006.
Images and recordings27. You must not bring into or use in the immediate surrounds of a Venue any photographic, video or audio recording equipment M2006 deems unacceptable for the purposes of paragraphs 28 and 29 below (or otherwise for commercial purposes), which may include (without limitation) audio recorders, camera tripods, monopods or lenses with a total focal strength of greater than 200mm and commercial digital video equipment.
28. Photographs taken within a Venue may be used only for private non-commercial purposes. Publication or distribution of such photographs in any media is expressly forbidden.
29. The making or distribution of broadcasts, telecasts, commentary, interviews, news reports or statistics (by any means in any format or media including any such commentary made by mobile phone or other wireless device) is expressly forbidden.
30. Unless you reach a prior agreement with M2006 to the contrary, any photograph, film, tape or other images taken of you whilst at a Venue by or on behalf of M2006 will be taken for the purpose of, and may be used, to help promote the Games, subsequent Commonwealth Games and related events. Unless you reach a prior agreement with M2006 to the contrary, your image may be published, broadcast, or otherwise distributed by M2006 or any third party authorised by it in any media (with or without identification) and in publications within as well as outside Victoria and you waive on an irrevocable, worldwide, perpetual basis all rights to object to such broadcast or distribution in any media.
Paragraph 33 provides more information about the use of personal information by M2006.
Miscellaneous31. Conditions at Venues vary, including access, seating, protection from weather, terrain and facilities available. Some areas of Venues are exposed to direct sunlight and heat. You are required to take appropriate care for your hydration and sun protection.
32. (a) M2006, the Venue or the State of Victoria will not be liable for any indirect or consequential loss suffered by you or caused by any acts or omissions of M2006, the Venue or the State of Victoria, their directors, employees, agents and contractors arising out of or in relation to a Session of the Games.
(b) Nothing in paragraph 32 or these Conditions affects your rights under the Trade Practices Act 1974 (Cth), Fair Trading Act 1999 (Vic) or similar legislation regarding implied conditions and warranties.
PRIVACY NOTICE: PLEASE READ CAREFULLY33. M2006 respects your privacy. The personal information that M2006 or ticketing agents collect from you on the Order in relation to the purchase of Tickets or otherwise shall be used for the purpose of your interaction with M2006 in relation to the Games and for the conduct and promotion of the Games. For these purposes, it may be disclosed to M2006’s official service providers or contractors or as otherwise authorised or required by law.
Paragraph 30 deals with the taking or use of any photos or other images of you at Venues.
You have certain rights to access your personal information held by M2006 and you can find out more about how to do this and your privacy rights generally on the M2006 website at www.melbourne2006.com.au.
34. M2006 may determine, in its absolute discretion, which term/s of these Conditions are enforced from time to time and this may vary across Ticket purchases and Venues.
35. These Conditions:
(a) are governed by the legislative requirements of the Commonwealth of Australia and the State of Victoria;
(b) represent the entire agreement between M2006 and you in respect of its subject matter; and
(c) do not exclude or derogate from terms implied by law which cannot be excluded, however any Conditions which contravene the law of the relevant jurisdiction under which any legal action is legitimately taken are severable and do not invalidate the remaining Conditions.
Key termsIn this document:
Condition means any term or part of the whole of these Conditions of Attendance and any incorporated terms;
Games means the Melbourne 2006 Commonwealth Games, currently scheduled to take place from 15 March – 26 March 2006;
M2006 means Melbourne 2006 Commonwealth Games Corporation;
Order means a completed purchase details form for a Ticket obtained by ballot;
Session means a session in the Games scheduled for a time, date and Venue holding the prescribed sporting programme as specified on the website www.melbourne2006.com.au from time to time;
Ticket means Games tickets, including Opening and Closing Ceremony tickets;
Venue means the areas to which the Ticket grants you access, including the area defined by the field of play where the Session is conducted, plus the associated perimeters, stands, the seating bowl, public areas, thoroughfares executive or sponsor areas, bars or restaurants and extends to all surrounding areas or spaces under the control of M2006 for the purpose of the Games; and
You means the individual Ticket holder or purchaser.