Terms and Conditions
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IMPORTANT - PLEASE READ
EXCLUSION OF LIABILITY - WAIVER OF RIGHT TO SUE - YOUR ASSUMPTION OF RISK - THESE CONDITIONS AFFECT AND RESTRICT YOUR LEGAL RIGHTS
FALLS CREEK SKI LIFTS PTY LTD (FCSL) (ABN 46 004 843 761) and MOUNT HOTHAM SKIING COMPANY PTY LTD (MHSC) (ABN 60 004 294 697) (the Suppliers) offer you use of recreational services (Recreational Services) at the Falls Creek and Mount Hotham Alpine Resorts (the Resorts) and the ski slopes at Dinner Plain on the terms and conditions (the Conditions) set out in this sign. The Recreational Services are all services provided by the Suppliers associated with the use of the snow slopes and the mountain for recreational activities including but not limited to skiing, snowboarding, tubing, mountain biking and sightseeing. The Recreational Services include, but are not limited to, the provision and operation of ski lifts, snowmaking, snow slope design, construction, maintenance and grooming, hazard assessment and mitigation, skiing and snowboarding lessons and equipment rental.
You may accept this offer by purchasing a Snow Pass, ski lift access product, using a Snow Pass, topping up a Snow Pass, hiring equipment from the Suppliers, purchasing or participating in lessons offered by the Suppliers or using or making use of any of the Recreational Services. If you do any of these things, you have accepted this offer and are bound by the Conditions.
PURCHASE OF SNOW PASS AND DAILY ACCESS
1. You must purchase a Snow Pass and ski lift access product for the days on which you wish to ski or snowboard at the Resorts. Prices are displayed at the Resorts and on the Suppliers' websites. If you rent equipment or enrol or participate in skiing or snowboarding lessons, you must also pay the applicable price. Even if you fail to purchase a Snow Pass or to pay an applicable fee, if you use any of the facilities at the Resorts or make use of any of the Recreational Services, by such use you agree to and will be bound by these Conditions.
EXCLUSION OF LIABILITY
2. The Suppliers, their employees, directors and agents, are not liable to you, your dependents or legal representatives, for personal injury or death suffered by you due to the negligence, breach of contract or statute or statutory duty of the Suppliers, including but not limited to any liability for Recreational Services not being rendered with due care and skill or not being reasonably fit for any purpose which you made known, expressly or by implication, to the Suppliers or because they failed to achieve any result reasonably expected by you which you, expressly or by implication, made known to the Suppliers or for breach of any other consumer guarantee of the Australian Consumer Law (Vic) or of the Australian Consumer Law (Cth).
RISK WARNING AND WAIVER TO SUE
3. You acknowledge that Recreational Services and associated recreational activities are dangerous with many risks and hazards and as a consequence personal injury (including serious personal injury) and sometimes death can occur and you assume and accept all such risks and hereby waive the right to sue the Suppliers, their employees, directors and agents, for any personal injury or death suffered by you in any way whatsoever caused by or arising from your use of such services or your participation in such activities.
4. WARNING: If you participate in these activities your rights to sue the Suppliers under the Australian Consumer Law & Fair Trading Act 2012 if you are killed or injured because the activities were not supplied with due care and skill or were not reasonably fit for their purpose, are excluded, restricted or modified in the way set out in paragraphs 2 and 3 of this sign. NOTE: The change to your rights, as set out in or on this sign, does not apply if your death or injury is due to gross negligence on the Suppliers' part. ‘Gross negligence’, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law & Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law & Fair Trading Act 2012.
5. You must comply with the Alpine Responsibility Code and all signs or other directions of the Suppliers. They may suspend or cancel your Snow Pass and access to Recreational Services at the Resorts in their absolute discretion for non-compliance with the Code, these Conditions, or for reckless or careless conduct.
6. You must carry your Snow Pass in or on your ski jacket at all times on the snow slopes which must be presented to the Suppliers' agent upon request.
7. No Snow Pass or access product can be resold, transferred or altered in any manner. They are valid only for the dates purchased. The Suppliers will not refund or replace any Snow Pass if you suffer any illness or injury or if any lift service is not operating.
8. These Conditions may be varied from time to time. The variations will be displayed on signs at the Resorts and posted on the Suppliers’ Websites.
9. These Conditions are to be governed by and construed first in accordance with the laws of the Commonwealth of Australia and secondly in accordance with the laws of the State of Victoria. If there is any inconsistency, the laws of the Commonwealth prevail. The courts of Victoria have exclusive jurisdiction. If any provision is determined to be void, illegal, invalid or otherwise unenforceable it shall be deemed to be deleted and the remaining provisions shall remain and continue to be valid, binding and enforceable.
PURCHASES ON BEHALF OF ANOTHER PERSON AND INDEMNITY
10. If you purchase a Snow Pass or access product or Recreational Service from the Suppliers on behalf of another person, you make that purchase as the agent of that other person who also is bound by these Conditions and by using or making use of the Recreational Services such person acknowledges and agrees to the Conditions as if that person had read this sign and then made the purchase. You warrant that you have that person's authority to so bind them unless you purchase a Snow Pass or access product or Recreational Service from the Supplier on behalf a child (under 18 years) in which case you agree to fully indemnify the Supplier for all loss and damage it may suffer due to any legal proceedings being brought by or on behalf of that child against the Supplier, its employees, directors and agents, for any personal injury or death suffered by that child caused by or arising from his/her use of Recreational Services or participation in recreational activities.
Hero Pass Competition Terms & Conditions
Falls Creek– HERO PASS GIVEAWAY PROMOTION CONDITIONS OF ENTRY – GAME OF CHANCE
Information on how to enter the “Falls Creek Hero Pass Giveaway Promotion” (Promotion), mechanics of entry and the Prize (defined below), form part of these Conditions of Entry (Conditions). Entry into the Promotion is deemed acceptance of these Conditions. Entry is via purchasing a 2019 Hero Pass and filling out the complete order form on shop.fallscreek.com.au (Falls Creek Online Shop Website) or any Falls Creek Ski Lifts ticket windows.
1. The promotor is Falls Creek Ski Lifts (ACN 004 843 761) of 3 Village Bowl Court Falls Creek 3699. Telephone 03 5758 1000 and Email: email@example.com(Promoter).
2. The promotion commences at 7:00am (AEST) on Monday, Saturday 1 September 2018 and ends at 11:59pm (AEST) on Sunday 7th October 2018 (Promotional Period).
3. Entry is only open to residents of Australia aged 18 years or older, who purchase a 2019 Adult or Senior Hero Pass in full or through a deposit instalment plan through Falls Creek ski lifts online shop or via telephone or any Falls Creek Ski Lifts ticket window.
4. Thedirectors, management and employees (and their immediate families) of the Promoter, or its related entities, printers, suppliers, providers and agencieswhom are directly associated with the conduct of this Promotion are ineligible to enter the Promotion. Immediate family means any of the following: spouse,ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt,niece, nephew, brother, sister, step-brother, step-sister or 1st cousin
HOW TO ENTER
5. To enter,Entrants must, during the Promotional Period, successfully purchase a 2019 HeroPass. Those who purchase a 2019 Hero Pass in full or via the deposit instalmentplan will be entered into the random draw.
6. Only one(1) entry per Entrant is permitted. Any subsequent purchases of 2019 Hero Passby an Entrant after the first valid entry will entitle the Entrant to anadditional entry into the Promotion.
7. The time of entry will be deemed to be the time the entry is received by the Promoter.Entries received will be considered final by the Promoter. Incomplete,inaccurate, erroneous, ineligible or incomprehensible entries will be deemed invalid. The Promoter accepts no responsibility for late, lost or misdirected entries. Contact details entered incorrectly by an Entrant on their entry form will deem their entry invalid.
8. The Promoter will not be responsible for any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this Promotion if the deficiency is occasioned by any cause outside the reasonable control of the Promoter, including but without limitation to technical malfunctions or failures of the electronic purchase on the Falls Creek Online Shop Website. It is an Entrant’s responsibility to notify a representative of the Promoter of any technical malfunction or failure of the electronic booking form provided on the Falls Creek Online Shop Website, or via the telephone or ticket window the Promoter will then provide the Entrant with another opportunity immediately to re-enter the required information and contact details.
9. The use of any automated entry software or any mechanical, electronic or other means that allows an Entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that Entrant invalid.
10. By entering the Promotion, Entrants also agree to the terms and conditions that apply to their 2019 Hero Pass purchase, which can be found at www.skifalls.com.au.
PRIZE DRAW – WINNER DETERMINATION
11. Two winners(Winner) will be drawn randomly from all eligible Entrants at 2:00pm (AEST) onMonday 9th October at Falls Creek Ski Lifts administration offices, 3 Village Bowl Court,Falls Creek, Victoria 3699.
12. The promoted may selection addition reserve entries and record them in case of any invalid entry or ineligible entrant.
WINNER NOTIFICATION AND PRIZE COLLECTION
13. The Winnerwill be notified by e-mail within two (2) business days of the draw, on October9th 2018 (Tuesday).
14. The Promoter’s decision is final and no correspondence will be entered into.
15. If for any reason a winner does not take a prize by the time stipulated by the Promoter,then the prize will be forfeited.PRIZE
16. The first two (2) valid entries will each win a $500 voucher for any Falls Creek Ski Lifts retail store (ālp, The Home Base, Base One, Base Two, The Peak, The Board Lounge, Snow zone), plus a 2019 Resort entry season pass for Falls Creek Resort valued at $450* (based on 2018 online price). The total Prize Value is $1900 (2x $950).
17. Anyancillary costs associated with redeeming any Gift Vouchers are not included.Any unused balance of any Gift Voucher will not be awarded as cash. Redemption of any Gift Voucher is subject to any terms and conditions of the issuer including those specified on the Gift Vouchers. Gift Vouchers are valid for the 2019 snow season (exact dates as provided by the Falls Creek Resort Management Board).
18. If the Prize or any element of the Prize becomes unavailable, for any reason beyond the Promoter’s reasonable control, then a comparable Prize or Prize element of equal or greater value will be awarded in lieu, subject to any written directions made under applicable State legislation.
19. Any costassociated with accessing the promotional website is the entrants’responsibility and is dependent on the Internet service provider used.
20. The Prize and any component of the Prize cannot be sold, scalped, auctioned, raffled, pledged or promoted as an incentive or reward by any third party as an inducement for any person or other entity to enter into any commercial or other arrangements with that third party. If the Prize or any component of the Prize is obtained through any of these methods, it will not be honoured by the Promoter or Prize supplier.
21. The Promoter reserves the right to request the Winner to produce (within the requested time) appropriate photo identification or other documentation (to the Promoter’s satisfaction, at its sole discretion) in order to confirm the identity and age of the Winner before issuing the Prize and at any time during their participation in the Prize.
22. It is a condition of accepting and participating in the Prize that the Winner may be required to sign eligibility form(s), code(s) of conduct and/or legal release(s) (including Prize acceptance release(s)) in a form determined by the Promoter in its absolute discretion.
23. The total maximum Prize value is $1900. The Prize is not transferable or exchangeable and cannot be taken as cash. The Prize must be taken as offered and cannot be varied. The Prize cannot be used or redeemed in conjunction with any other offer, with the exception of the retail discount offered as a Hero Pass benefit.The Promoter accepts no responsibility for any tax implications that may arise from Prize winnings. Independent financial advice should be sought. The Promoter accepts no responsibility for any variation in Prize value. All Prize values are the recommended retail price including GST.
24. Entrants can only enter in their own name. Entrants who provide incorrect, misleading or fraudulent information are ineligible to participate in the promotion and all entries of an Entrant who is deemed by the Promoter to have provided incorrect,misleading or fraudulent information may, at the discretion of the Promoter, be deemed invalid.
25. The Promoter reserves the right to request the Entrant to produce (within the requested time) appropriate photo identification or other documentation (to the Promoter’s satisfaction, at its sole discretion) in order to confirm the Entrant’s identity, age, residential address, eligibility to enter and claim the Prize, and any information submitted by the Entrant in entering the Promotion, before issuing the Prize. If any documentation required by the Promoter is not received by the Promoter (or its nominated agent) or an Entrant or entry has not been verified or validated to the Promoter’s (or its nominated agent’s) satisfaction then all the entries of that Entrant may be ineligible and deemed invalid.
26. The Promoter reserves the right to verify the validity of any and all entries and to disqualify any Entrant for:
(a) tampering with the entry process;
(b)submitting an entry which is not in accordance with these Conditions of Entry;or
(c) engaging in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Promotion. The Promoter's legal rights to recover damages or other compensation from such an offender a rereserved.
27. If the Promotion is not capable of running as planned for any reason beyond the reasonable control of the Promoter, including because of war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorised intervention, technical failures,directions of regulators or industry self-regulatory bodies or any which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, the Promoter reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Promotion and/or if necessary to provide alternative Prize(s) to the same value as the original Prize(s), subject to any written directions made under applicable State legislation.
LIMITATION OF LIABILITY
28. The Promoter and its associated agencies and companies exclude all liability(including negligence) except for any liability that cannot be excluded by law(including any applicable consumer guarantee under the Australian Consumer Law), for any direct or indirect injury, loss and/or damage arising in any way out of the Promotion. This includes, but is not limited to:
(i) technical malfunctions, delays or failures, including those resulting from accessing any materials related to this Promotion and any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this Promotion as a result of any technical malfunctions, delays or failures;
(ii)theft, unauthorised access or third party interference;
(iii) lost or damaged entries, Prize claims or Prize; and/or (iv) acceptance and/or use of any Prize.PRIVACY
29. The Promoter collects Personal Information about an Entrant to include the Entrant in the Promotion, award the Prize (where appropriate) and use the information to assist in improving the goods and services of the Promoter. If the Personal Information requested is not provided, the Entrant cannot participate in the Promotion and is deemed ineligible. An Entrant also agrees that the Promoter may, in the event the Entrant is the Winner, publish or cause to be published the Entrant’s name and locality in any media, as required under the relevant State legislation.
30. ThePromoter will provide to each Entrant, at time of entry into the Promotion, acollection statement that details the Personal Information being collected, thepurpose of its collection, where the Personal Information will be stored andhow it will be shared with third parties. The collection statement will complywith the Promoter’s disclosure obligations under the Privacy Act 1988 (Cth).
32. In theseConditions: “Australian Consumer Law” means Schedule 2 of the Competition and ConsumerAct 2010 (Cth) and “Personal Information” means, for the purpose of the PrivacyAct 1988 (Cth), information or an opinion about an identified individual, or anindividual who is reasonably identifiable, whether the information or opinionis true or not and whether the information or opinion is recorded in a materialform or not.PERMITS The Promotion is authorised under the following permits whichhave been obtained by the Promoter:
33. NSW Permit Number LTPS/18/27556