MELBOURNE STARS 'STARS CLUB' BENEFITS AND PROMOTIONS

TERMS AND CONDITIONS

INTRODUCTION

1. The following terms and conditions ("Terms and Conditions") apply to all Melbourne Stars 'Stars Clubs' ("Stars Club(s)").
2. The Promoter is Melbourne Stars Ltd (ABN 28 152 852 278) of CitiPower Centre, Lakeside Drive, St Kilda, Victoria 3182 (Telephone 1300 MELB STARS or 1300 6352 78277) (Stars).
3. Information on how to become a Stars Club and details of available prizes available as part of the Stars Club program ("Stars Club Program") form part of these Terms and Conditions.
4. Any entry into a promotion not completed in accordance with these Terms and Conditions are void. Entry into a promotion will be deemed void if stolen, forged, mutilated or tampered with in any way.

5. The details of all Stars Clubs that win prizes will be published on the Melbourne Stars website (melbournestars.com.au) for a period of no less than 28 days.

ELIGIBILITY - REGISTRATION AS A STARS CLUB

6. In order to be a Stars Club and be eligible to receive any benefits of Stars Club membership or enter into any Stars Club promotions (as set out in these Terms and Conditions), a cricket club (Club) must:
   1. be affiliated with Cricket Victoria or play within a competition affiliated or sanctioned by Cricket Victoria; and
   2. must have purchased a Stars Club membership on behalf of the Club’s members, players, parents, staff or volunteers via downloading and completing, to the satisfaction of the Stars, the form available for online download at melbournestars.com.au/starslub.

BENEFITS AND PROMOTIONS

Membership Discounts

7. All Clubs will be able to download the Stars Club membership form through the Melbourne Stars online link. Completing the membership form will provide the Club with access to purchase Melbourne Stars memberships for their members, players, parents, staff or volunteers at the following discounted rates. Once the club has purchased any of those Melbourne Stars memberships, the Club will, subject to these Terms and Conditions, become a “Stars Club”.

Benefits and Promotions for Clubs

8. All Stars Clubs will be eligible to win the following prizes through the Stars Club Program:

STARS CLUB PROGRAM - TERMS AND CONDITIONS

9. For the avoidance of doubt, there will be no other prizes.
10. The Promoter will keep records for three years after the completion of the prize competition, which provide:
    1. an accurate financial accounting of the competition and all entries; and
    2. an accurate reporting of the distribution of the prizes/benefits.
11. For the avoidance of doubt, and unless otherwise specified, winners will be advised in writing usually within 48 hours of any prize being judged/awarded.
12. The Promoter will advise the winners about how and when they are to accept their prize. If for any reason the winners do not take the prize at the time stipulated by the Promoter, the prize will be forfeited.
13. The prizes (or any used or unused portion thereof) other than cash prizes are not transferable, exchangeable or redeemable for cash, including in circumstances where the relevant match is cancelled, washed-out or is reduced in any way for any reason. Prize values are in Australian dollars exclusive of GST and are based on the recommended retail value of prize components at the time of printing.

14. To the extent permitted by law: (a) the Promoter makes no representations or warranties as to the suitability of any prize or benefit received as a result of winning any competition; and (b) no compensation will be payable if, for any reason, a winner is unable to use the prize or winning activity as stated.

15. It is a condition of accepting the prizes/benefits that the winners must comply with all the conditions of use of the prize/benefit and prize/benefit supplier's requirements.

16. If a prize/benefit is unavailable, for any reason, the Stars, in its absolute discretion, reserves the right to substitute the prize/benefit with a prize/benefit of a nature to be determined by the Stars in its absolute discretion. The Promoter accepts no responsibility for any variation in the value of any prize. 
17. If a winner of a prize/benefit is not readily identifiable, and the Promoter has made reasonable efforts to identify the winner of the prize/benefit but was unsuccessful, the Promoter may draw an additional prize/benefit winner.
18. The Star's decision in relation to any aspect of any promotion relating to the Stars Club Program, including the Promoter's decision on the winners of any promotion, is final and binding on every Club who enters any promotion and no correspondence will be entered into.

19. The Club acknowledges that there may be inherent risks involved in entering any Stars Club promotion or taking or participating in the prize, including while standing or seated on a ground or anywhere else at the any venue where a game of cricket is being. The prize winner of any match tickets and all persons uitilising that prize may be required to sign an acknowledgement of risk and waiver of liability as a condition to receiving or participating in the prize and to expressly acknowledge that use of the prize may be inherently dangerous, and that if they choose to participate they will do so at their own risk. The Promoter reserves the right to preclude participation of anyone refusing to sign the acknowledgement/waiver or any person who in the Promoter's sole discretion is not able or suitable to participate in any of the prizes for reasons of the participant's own or anyone else's safety.

20. Access to any or all elements of the prize is subject at all times to the rules and regulations of Cricket Australia, the International Cricket Council, the Stars and the relevant round owner or manager.
21. Registration as a Stars Club, and subsequent entry into any promotion conducted under the Stars Club Program or described in these Terms and Conditions, is deemed acceptance of these Terms and Conditions and the Stars Club Membership Terms and Conditions. Subject to any applicable laws, these Terms and Conditions may be updated by the Stars at any time and no notice of the updated Terms and Conditions is required to be provided to Stars Clubs or any other persons.
22. Employees of the Melbourne Stars and agencies associated with any promotion contained in these Terms and Conditions, and their respective immediate families, are ineligible to enter into any of those promotions.
23. The Stars reserve the right, at any time, to verify the validity of a Club's ongoing registration as a Stars Club or entry into any promotion contained in these Terms and Conditions (including but not limited to a Club’s identity and place of residence) and disqualify any Club that submits a registration or entry that is not in accordance with these Terms and Conditions.
24. The Stars reserves the right to extend any registration period for any promotion set out in these Terms and Conditions in its absolute discretion and subject to any relevant legislation.
25. Clubs consent to the Stars using the Club's (and their participants, players, staff, parents, members, etc or those otherwise associated with the Club or the relevant prize or benefit) name, likeness, image and/or voice (including photograph, film and/or recording of the same) in relation to their participation as a Stars Club, in any manner whatsoever, including but not limited to if they are a winner of a prize/benefit under any promotion as part of the Stars Club Program, in any media for an unlimited period without remuneration for the purpose of promoting the Stars Club Program (including any outcome), and promoting any products or materials manufactured, distributed and/or supplied by the Promoter.

26. If any promotion under the Stars Club Program is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Stars, the Stars reserves the right, in its sole discretion, to the fullest extent permitted by law:
    1. To disqualify any Club; or
    2. To modify, suspend, terminate or cancel the relevant promotion or program, as appropriate.

27. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under the Australian Securities and Investments Commission Act 2001 (Cth) or similar consumer protection laws in the States and Territories of Australia (Non-Excludable Guarantees). Except for any liability that cannot be excluded by law, including the Non-Excludable Guarantees, the Promoter (including its officers, employees and agents) excludes all liability (including negligence), for any personal injury suffered or sustained in connection with this Promotion or prizes; 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:
1. any technical difficulties or equipment malfunction (whether or not under the Star's control);
2. any theft, unauthorised access or third-party interference;
3. any registration or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Stars) due to any reason beyond the reasonable control of the Stars;
4. any variation in prize value to that stated in these Terms and Conditions;
5. any tax liability incurred by a winner or entrant;
6. participation in any benefit listed under these Terms and Conditions; or
7. use of the prize.

28. As a condition of accepting a prize/benefit as part of any promotion under the Stars Club Program, a winning Stars Club and/or participant from that Stars Club may be required to sign legal documentation as and, in the form, required by the Stars and/or prize/benefit suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.

29. The Promoter is not responsible for any incorrect or inaccurate information either caused by programming associated with or utilised in the Stars Club Program, or for any technical error, or any combination thereof that may occur in the course of the administration of the Stars Club Program. Further, the Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, communication network, computer equipment, software, technical problems or traffic congestion on the Internet or at any web site, or any combination thereof, including any error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise, injury or damage to registration forms or to participants' or any other person's computer related to or resulting from participation in or down-loading any materials relating to the Stars Club Program. If any promotion of prize giveaway is not capable of being conducted due to circumstances beyond the Promoter's control, including due to any technical or communications problems, the Promoter reserves the right to amend, suspend or cancel the promotion or giveaway subject to approval from any relevant authority.

30. The Stars collects personal information in order to conduct and manage the Stars Club Program and the associated promotions conducted under it, and registration as a Stars Club and entry into any promotion is conditional on the provision of this information by a Club. Information about a Club (and their participants, players, staff, parents, members, etc. or those otherwise associated with the Club or the relevant prize or benefit) may also be used by the Stars and may be disclosed and used by third parties, including but not limited to disclosure to and use by the Stars, Cricket Australia, Cricket Victoria, companies engaged by the Promoter to carry out functions and activities on the Promoter's behalf including direct marketing, the Promoter's professional advisers, including its accountants, auditors and lawyers, insurers and government departments or agencies, other agents, contractors, service providers, prize/benefit suppliers, commercial partners and related companies for the purposes of carrying out promotional, marketing, planning, product development, publicity, research and profiling purposes, including sending electronic messages, direct mail and telephoning the Club (and their participants, players, staff, parents, members, etc. or those otherwise associated with the Club or the relevant prize or benefit), unless the Club (and their participants, players, staff, parents, members, etc. or those otherwise associated with the Club or the relevant prize or benefit) withdraws consent to the use of their information in this manner.  The Club (and their participants, players, staff, parents, members, etc. or those otherwise associated with the Club or the relevant prize or benefit) should direct any request to access, update, withdraw, correct information, or request not to receive information about future promotions or further correspondence by emailing the Stars at info@melbournestars.com.au.

31. All personal information will be collected, used and disclosed in accordance with the Stars’ Privacy Policy which can be found at melbournestars.com.au. The Promoter's Privacy Policy contains information about how a person may access and request correction of personal information held by the Promoter or make a complaint about the handling of personal information and provides information about how a complaint will be dealt with by the Promoter. 
32. Errors and omissions in a Club’s registration may be accepted at the Star’s absolute discretion. Failure by the Stars to enforce any of its rights at any stage does not constitute a waiver of those rights.
33. Incomplete, indecipherable, illegible, inaccurate or illegal registration applications or those which contain offensive or defamatory comments or which breach any law or infringe any third party rights, including intellectual property rights, will be deemed invalid.
34. For the avoidance of doubt, only Victorian cricket clubs that are affiliated with Cricket Victoria are eligible to be registered as Stars Clubs. Cricket clubs from other states and territories or Victorian cricket clubs that are not affiliated with Cricket Victoria are ineligible to be registered as Stars Clubs.