Quantcast

WOOLWORTHS CRICKET BLAST – TERMS OF PARTICIPATION

1. Application

1.1 The online registration form and these Terms of Participation (which may be amended by Cricket Australia (CA) from time to time) (Terms and Conditions) are the conditions upon which you agree to allow your child to participate in Woolworths Cricket Blast (Program).

2. Parent/Guardian Acknowledgement

2.1 I am a parent or guardian of the Program participant who is the subject of this registration (the Participant).

2.2 Image Use Consent: Unless CA is notified to the contrary, I (for myself, my heirs, executors and administrators) agree both on behalf of the Participant and in my own right that: (i) we give our permission to CA, the Participant’s home State or Territory Cricket Association (State Association) and their partners, representatives, agents and assigns (Authorised Parties) to use, reproduce and publish in any communication medium whatsoever television and photographic image/s of the Participant obtained from participation in the Program, as determined by the Authorised Parties (jointly or severally) from time to time, for educational, community cricket, promotional, commercial or marketing purposes; (ii) the foregoing permission is unconditional and applies in perpetuity; (iii) no fee or remuneration will be provided for the Participant’s appearance in any such communication mediums; and (iv) I and the Participant waive, release and forever discharge the Authorised Parties from all claims, actions and liability relating to its use of said television and photographic image/s.

2.3 Indemnity and Release Declaration: In consideration of allowing the Participant to participate in the Program, I (for myself, my heirs, executors and administrators) agree both on behalf of the Participant and in my own right, with CA the State Association and Woolworths Group Limited (Woolworths) as follows:

  1. I am responsible for organising transportation of the Participant to and from the Program and indemnify the Association, CA and Woolworths for all liability and costs associated with my failure to arrange for the prompt collection of the Participant after the designated finish time of the Program;
  2. I acknowledge that participation in the Program involves inherent risks, hazards and dangers including the risk of injury and risks associated with heat and exposure to the sun.
  3. To the full extent permitted by law, and excluding any claims directly caused by CA’s negligence or wilful misconduct:
    1. I agree on behalf of the Participant and in my own right, to absolve, indemnify and keep indemnified CA, the State Association, and Woolworths and their directors, officers, employees, volunteers, sponsors and agents involved in the Program against all costs, losses or damages however caused arising from or in relation to the Participant’s participation in the Program.
    2. I agree both on behalf of the Participant and in my own right, to waive, release and forever discharge CA, the State Association, Woolworths and their directors, officers, employees, volunteers, sponsors and agents involved in the Program from all claims and/or causes of action that I or the Participant have or may have arising from any injury, loss or damage of any kind suffered by the Participant including personal injury, illness or death and/or loss or damage to any property (in so far as this does not breach the provisions of the Trade Practices Act) arising either directly or indirectly out of the Participant’s participation in the Program.
    3. I authorise registered Program coordinators to arrange medical or hospital treatment (including, without limitation, ambulance transportation) if I am not available to do so and I indemnify the State Association, CA and Woolworths for all associated costs.

2.4 Limitation: I agree that the total aggregate liability of CA (including that of its directors, employees, agents and volunteers) to me and the Participant for loss or damage arising in connection with the Program, whether under contract, tort (including negligence), under statute or otherwise act law or in equity, shall be limited to $10,000.

3. Parents/Guardians/Spectators Code of Behaviour

3.1 CA is committed to promoting and protecting the safety and wellbeing of children and young people who are involved in the Program. Therefore, CA requires that all parents, guardians and other spectators comply with the following code of behaviour:

  1. Do not force an unwilling child to participate in cricket;
  2. Remember, children are involved in cricket for their enjoyment, not yours;
  3. Encourage your child to play by the rules;
  4. Focus on the child’s efforts and performance rather than winning or losing;
  5. Never ridicule or yell at a child for making a mistake or losing a game;
  6. Remember that children learn best by example. Appreciate good performances and skillful play by all participants;
  7. Support all efforts to remove verbal and physical abuse from sporting activities;
  8. Respect officials’ decisions and teach children to do likewise;
  9. Show appreciation for volunteer coaches, officials and administrators. Without them, your child could not participate; and
  10. Respect the rights, dignity and worth of every person regardless of their gender, ability, cultural background or religion.

4. Player Code of Behaviour

4.1 By registering a child in the Program you agree that the child understands and will adhere to the following code of behaviour:

  1. Play by the rules;
  2. Never argue with an umpire. If you disagree, have your captain, coach or manager approach the umpire in an appropriate manner during a break or after the game;
  3. Control your temper. Verbal abuse of officials and sledging other players, deliberately distracting or provoking an opponent are not acceptable or permitted behaviours in cricket;
  4. Work equally hard for yourself and your teammates. Your team’s performance will benefit and so will you;
  5. Be a good sport. Applaud all good plays whether they are made by your team or the opposition;
  6. Treat all participants in cricket as you like to be treated. Do not bully or take unfair advantage of another competitor;
  7. Cooperate with your coach, teammates and opponents. Without them there would be no competition;
  8. Participate for your own enjoyment and benefit, not just to please parents, teachers or coaches;
  9. Respect the rights, dignity and worth of every person regardless of their gender, ability, cultural background or religion.

5. Limitation of Liability and Release

5.1 You understand that there are inherent risks associated with participation in the Program, which may result in personal injury (even of a serious nature) to a child and that you fully accept and agree to bear those risks.

5.2 To the extent permitted by law, you agree not to bring any claim, demand, action or proceeding against CA (which shall include its directors, employees, agents and volunteers) for any damage, loss or injury whatsoever that you or a child may suffer from participation in the Program, except to the extent directly caused by CA’s negligence or wilful misconduct.

5.3 You acknowledge there is an unquantifiable risk of transmission of viral illness including COVID-19 associated with participation in the Program and you have considered that risk and your and your child’s personal circumstances, including any vulnerability that your child may have or that of persons whom your child will be in close contact with following your child’s participation in the Program. You acknowledge that, for a small number of people, COVID-19 has very serious health consequences. By your child participating in the Program you acknowledge and accept these risks.

6. Cancellation and Refunds and Termination

6.1 Once you have registered a child in and paid for the Program, a refund will only be provided to you in accordance with the Program’s Refund Policy (which is located at https://play.cricket.com.au/play/woolworths-cricket-blast/woolworths-cricket-blast-refund-policy).

6.2 CA may terminate your child’s participation in the Program on reasonable grounds at any time, including if your child’s behaviour interferes with another participant’s safety or enjoyment of the Program.

6.3 CA may, where required, change a Program or part of a Program, including dates, session times, durations and locations.

7. Privacy

7.1 Personal information that CA collects on registration of a child in the Program is used for the purpose of processing your Application. CA may also use this information to send you CA and Program related information or offers.

7.2 CA may disclose your information to other organisations for the purpose of processing your Application, research and development and performance evaluation, and otherwise in accordance with CA’s privacy policy (which is located at cricket.com.au/privacy).

8. At-Match Activity (eg. at BBL and International Match venues)

8.1 If the Participant is selected and attends a Woolworths Cricket Blast on-ground activity at an Australian Cricket match venue (At-Match Activity) I agree to the following At-Match Activity Participation Terms.

8.2 I agree that in consideration of allowing me and/or the Participant to participate in the At-Match Activity, I (for myself, my heirs, executors, administrators and next of kin) and on behalf of the Participant, represent and warrant to, and agree with CA, the State Association, the operator of the venue where the At-Match Activity takes place (Venue Operator) and Woolworths (together the “Operators”) that:

  1. Risk Warning and Acknowledgement: I acknowledge and agree that my and/or the Participant’s participation in the At-Match Activity involves participation in a sporting activity, similar leisure-time pursuit or another activity involving physical exertion or physical risk and that I and/or the Participant will undertake the At-Match Activity for the purposes of recreation, enjoyment or leisure. The At-Match Activity may involve entry onto the field of play and/or another area with risks specific to that area, and I understand that there are inherent risks, hazards and dangers associated with such participation in the At-Match Activity, including but not limited to those listed below, and that I and/or the Participant may suffer serious injury, or even death, as well as property loss or damage as a result of my participation. I acknowledge that this is a risk warning as applicable under the Civil Liability Act 2002 (WA), Civil Liability Act 2002 (NSW), Australian Consumer Law and Fair Trading Act 2012 (Vic), Civil Liability Act 2003 (QLD), Fair Trading Act 1987 (SA) Civil Liability Act 2002 (TAS) (the “State Consumer Laws”) and any other applicable law.

    Risks may include but are not limited to:
    - Risk of strike from a cricket ball
    - Risks associated with playing cricket
    - Risks associated with moving between seat and onto the field
    - Risks related to heat and exposure to the sun
    I understand this list is not exhaustive and there may be other risks inherent to the At-Match Activity.
  2. I am at least 18 years old and have voluntarily elected to, and requested the Operators allow me and/or the Participant to participate in the At-Match Activity.
  3. I freely and voluntarily assume all risks associated with myself and/or the Participant participating in the At-Match Activity and acknowledge that participation is entirely at their and my own risk and that I may withdraw myself and/or the Participant from the At-Match Activity at any time.
  4. I am, and the Participant is, physically and medically fit enough to participate in the At-Match Activity. I am not aware of any medical condition, impairment, disease, illness or other reason why I or the Participant should not participate in the At-Match Activity.
  5. To the fullest extent permitted by law, I indemnify and will keep indemnified the Operators and each of their directors, officers, employees, volunteers, promoters, independent contractors and agents (the “Operator Parties”) against all costs, losses or damages however caused, arising from or in relation to my or the Participant’s participation in the At-Match Activity, excluding where any direct costs, losses or damages are directly caused by the Operator Parties’ negligence or wilful misconduct.
  6. To the fullest extent permitted by law (including section 139A of the Competition and Consumer Act 2010 (Cth) and, as applicable: section 5J of the Civil Liability Act 2002 (WA), section 5N of the Civil Liability Act 2002 (NSW), section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Vic), section 19 of the Civil Liability Act 2003 (QLD), section 42 of the Fair Trading Act 1987 (SA), and/or section 20 of the Civil Liability Act 2002 (TAS)), the Operator Parties exclude all liability (including in relation to any warranty or guarantee) arising from any loss or damage suffered by me or the Participant in connection with the At-Match Activity, including in respect of any death, physical or mental injury (including aggravation, acceleration or recurrence of such an injury), contraction, aggravation or acceleration of a disease or coming into existence, aggravation, acceleration or recurrence of any other condition or occurrence that is or may be harmful or disadvantageous to me arising from the At-Match Activity not being supplied with due care and skill or not being reasonably fit for purpose or for any breaches or failure of any consumer guarantees under Commonwealth law in the form of Schedule 2 to the Competition and Consumer Act 2010 (Cth) (the "Australian Consumer Law") or the State Consumer Laws, or due to breach of contract. This clause does not apply where any direct costs, losses or damages are directly caused by the Operator Parties’ negligence or wilful misconduct.
  7. To the fullest extent permitted by law, the Operator Parties' liability to me or the Participant for a breach of any non-excludable guarantee is limited to a refund for any fees paid in connection with my or the Participant’s entry into the venue.
  8. Nothing in this document excludes, limits or modifies the application of the Australian Consumer Law or the State Consumer Laws or the exercise of any rights or remedies conferred by the Australian Consumer Law or the State Consumer Laws where to do so would contravene the Australian Consumer Law or the State Consumer Laws.
  9. I consent to myself and the Participant receiving and to pay for any medical treatment (including without limitation, ambulance transportation) which is considered by the Operators to be advisable or deemed reasonable before, during or after the At-Match Activity. I indemnify and will keep indemnified the Operators for all costs associated with this medical treatment.
  10. I am fully responsible for any loss or damage to, and the security of my and the Participant’s personal belongings before, during and after the At-Match Activity.
  11. I consent to (i) the recording of my and the Participant’s image, likeness and/or voice by any means (including but not limited to audio and visual recordings by television cameras and photographers) (together the “Images”), (ii) the collection and use of my and the Participant’s personal information in accordance with this Waiver and Release and Australian Cricket's Privacy Policy (available at cricket.com.au/privacy) and (iii) the use of the Images for commercial exploitation and other promotional or public relations purposes, throughout the world by any means (including but not limited to broadcast, telecast and print) by the Operators and their commercial partners without compensation to me or the Participant (including, recording my participation in the At-Match Activity and using the Images at the venue and on the vision screens).
  12. I agree to and will procure that the Participant obey and accept the At-Match Activity rules and any other instructions issued by the Operators at any time.
  13. I agree not to, and procure that the Participant will not, do anything which may adversely affect, prejudice or bring into disrepute the reputation of any of the Operators or the venue.
  14. I acknowledge that my and/or the Participant’s participation in the At-Match Activity is at the sole discretion of the Operators and accept that the Operators may cancel or postpone the At-Match Activity or may remove me and/or the Participant from the venue immediately at any stage if I fail to comply with the terms of this release and waiver or otherwise and I will not be entitled to any compensation for that cancellation or postponement or to any refund in relation to any amounts paid by me or the Participant to participate in the At-Match Activity or attend the venue.
  15. I acknowledge that my and/or the Participant’s participation in the At-Match Activity is not transferable to any other party.

8.3 I acknowledge that I and/or the Participant participating in the At-Match Activity have read and understand the warnings set out in this document pursuant to an applicable State Consumer Law that apply to a participant in any recreational enjoyment or leisure activity in the relevant State to which the State Consumer Law applies.