Sony SESSIONS Terms and Conditions

Disclosure notice under s47A Fair Trading Act 1987 (NSW).
These Sony SESSIONS Terms and Conditions are important, and you should read them fully. However, there are some specific terms we wanted to make you aware of. These are set out below:

Clause 9: in some cases, Sony reserves the right to reject an Event registration.
Clauses 10 - 22: some activities at the Events require a degree of physical fitness, and for those aged 18 or over, these clauses outline certain rights against Sony which you are agreeing to waive relating to your participation in activities at the Event.
Clause 23: all attendees are required to adhere by certain standards and requirements to participate in the Event.
Clause 27: you are able to take photographs and video during the event, subject to certain conditions.
Clause 28: in accordance with your rights under the Australian Consumer Law, if the Event is cancelled or there is a major change for the Event, you are entitled to a refund.

About these Sony SESSIONS Terms and Conditions

The following terms and conditions (“Terms”) apply to your (“you”, “your”, “Participant”) attendance at the Sony SESSIONS event on 17 August 2024 at Carriageworks (“Event”), including but not limited to (1) your participation in the various activities being run as part of the Event and (2) your consent to Sony capturing and using certain content from your participation in the Event.
By registering for and participating in the Event, you indicate that you have read, understood and agree to be bound by these Terms. These Terms operate in conjunction with Sony’s Website Terms of Use (https://store.sony.com.au/terms-and-conditions-of-sale.html) and Sony’s Privacy Policy (https://store.sony.com.au/privacy-policy.html).
A reference in these Terms to the singular includes the plural and vice versa.
Where these terms refer to “Sony”, that means Sony Australia Limited (ABN 59 001 215 354) of Level 7, 73 Miller Street, North Sydney, NSW 2060 (Phone: (02) 9887 6666).

Representations and Warranties

You represent and warrant:
1. you have legal capacity and authority to enter into a contract on these Terms;
2. you are at least 13 years old; and
3. if you are under 18 years of age, you will arrange for your parent/guardian to review, enter their details and provide the consent required at the end of these Terms.

Privacy and Consents

Sony collects personal information, in the course of you registering for the Event. Sony may, in the course of organising and managing the Event, disclose such information to third parties, including but not limited to any third-party contractors they may engage in connection with the Event. You must provide this information to participate in the Event. Please refer to the Sony Privacy Collection Notice (https://store.sony.com.au/privacy-collection-notice.html) and Sony Privacy Policy (https://store.sony.com.au/privacy-policy.html) for further information.
You consent to Sony or its third-party service providers using your details, including email address, to contact you regarding the Event and directly related administrative purposes.
You consent to Sony using your likeness, image and/or voice (such as photographs or video recordings) for the purpose of promoting or highlighting the Event in any form or media, including online media such as Sony's official Facebook page and website. Please notify Sony if you do not wish to be photographed or filmed. You agree that you do not own any intellectual property in this content, and that you are not entitled to any compensation.

Registration

Sony reserves the right to reject an Event registration where:
1. You are unable to materially comply with an essential term of these Terms which (if it is capable of remedy) cannot be remedied before the commencement of the Event;
2. You have engaged in, or Sony reasonably suspects on the basis of available evidence that you have engaged in, fraudulent or other illegal activity; or
3. it is necessary to protect Sony’s infrastructure, systems, data, security or assets and/or your personal information (for example where the Event and/or another Sony website is subject to a cyber incident or other unauthorised access).
Once the Event ticket has been used, it cannot be used again.
Any costs you incur such as parking, internet fees, etc., that are not explicitly included in the cost of the Event as described, are at your own expense and not the responsibility of Sony.

Activities during the Event – acceptance of risk and waiver including risk warning pursuant to section 5M of the Civil Liability Act 2002 (NSW)

By accepting these Terms and participating in the various activities at the Event, you acknowledge, agree and understand that your participation in any activity in connection with the Event is or will be:
1. entirely voluntary in nature and at your own risk;
2. for recreational purposes;
3. associated with significant risk of personal injury; and
4. carried out in a proper and orderly manner.
You acknowledge, agree and understand that:
1. the types of activities undertaken at the Event which carry significant risk of personal injury include (but are not limited to):
  1. basketball;
  2. skateboarding;
  3. dancing;
2. during your participation in activities at the Event, certain risks or dangers may occur which can include (but are not limited to):
  1. physical exertion which you are not accustomed to;
  2. all kinds of bodily injury and diseases;
  3. landing on the surface from falls;
  4. extremes of weather and temperature which may involve sudden or unexpected change;
  5. possibility of accident or illness requiring assistance of medical services;
  6. other foreseeable risks related to basketball, skateboarding and dancing;
3. warning has been given to you about the risk of suffering personal injury or death arising from or in connection with your participation in the Event.
The assumption of risk and warning in clause 13 constitutes a “risk warning” in respect of all activities in connection with the Event for the purposes of section 5M of the Civil Liabilty Act 2002 (NSW).
You declare that:
1. you have a degree of physical fitness suitable for participation in the activities at the Event; and
2. you do not suffer from any illness, ailment or incapacity that may prevent you from participating in any activities arranged or undertaken at the Event.

General Waiver

You acknowledge and accept:
1. that the enjoyment and excitement of any activity at the Event is derived in part from risks inherent in the activity which may exceed those commonly accepted at home or at work;
2. all the inherent risks of participating in the activities, and the possibility of persona injury, loss or property damaging resulting from such participation;
3. Sony and its employees, agents and contractors make no representations, promises or warranties about the suitability or fitness for purpose of facilities or equipment connected with the Event.
You waive all claims, which might arise against, and agree not to sue, Sony and its employees, agents or contractors for:
1. any such injury, loss or damage (including illness and death), which might be sustained by you as a result of your participation in any activities at the Event;
2. breach of contract (including any express or implied warranty that any recreational services will be provided with due care and skill);
3. negligence arising from, or in connection with, your attendance at and use of facilities under the care, control and management of Sony, its employees, agents or contractors.

Waiver in relation to recreational services to which the Australian Consumer Law applies

Note: the below clauses (18 to 19) only apply to participants aged 18 years and over.

You acknowledge that:
1. it is possible for a supplier of recreational services to ask you to agree that the statutory guarantees under the Australian Consumer Law (ACL), which is Schedule 2 of the Competition and Consumer Act 2010 (Cth), do not apply to you; and
2. you agree to waive your right to sue Sony (should Sony be deemed a supplier for the purposes of the ACL) because the recreational services (as that terms is defined in the Competition and Consumer Act 2010 (Cth)) were not performed in accordance with the statutory guarantees, in particular the guarantees as to due care and skill and as to fitness for a particular purpose, are excluded;
3. the waiver of your rights in clause 18b is limited to liability for:
  1. physical or mental injury (including the aggravation, acceleration, or recurrence of such injury) to you;
  2. the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:
    1. that is or may be harmful or disadvantageous to you;
    2. that may result in harm or disadvantage to you.
The above waiver of your rights in relation to the statutory guarantees does not apply to the reckless conduct (as defined in the ACL) of Sony in supplying any recreational services (in the event it is deemed to be a supplier).

Release and indemnity

To the fullest extent permitted by law, you:
1. release and will release Sony from all claims (including legal costs and expenses on a full indemnity basis) that you may have or may have had but for this release arising from or in connection with your attendance at the Event;
2. indemnify and will keep indemnified Sony in respect of any claim (including legal costs and expenses on a full indemnity basis):
  1. arising from or in connection with your participation in any activities at the Event;
  2. by or against Sony in respect of any injury, loss or damage to person or property arising out of or in connection with your failure to comply with any rules and/or directions from Sony, its employees, agents or contractors regarding your attendance at the Event.
The releases and indemnities in clause 20 shall not apply to the extent that the loss, damage or injury that is the subject of the claim is caused or contributed to by the grossly negligent act or omission of Sony.
To the extent permitted by law, the operation of Part 4 of the Civil Liability Act 2002 (NSW) is excluded in relation to all rights, obligations and liabilities arising under or in relation to your involvement with Sony at the Event, despite how such rights, obligations or liabilities are sought to be enforced.

Conduct during the Event

While participating in the Event, you agree to:
1. act at all times as would a reasonably prudent person when engaging in recreational activities, and to obey and follow the instructions, rules and regulations offered at any time at the Event by Sony, its employees or contractors;
2. use all facilities at the Event in a reasonable manner and for their intended purpose(s);
3. not participate in any recreational activity during the Event if you are intoxicated or under the influence of alcohol or drugs;
4. notify Sony’s representatives immediately of any incident or accident involving personal injury or illness experienced during the Event;
5. leave personal identification, including name and address with an agent or representative of Sony for use if any injury or illness occurs during the course of your participation in any of the activities at the Event;
6. an employee or agent of Sony arranging medical treatment and emergency evacuation service(s), at your own cost, if you suffer injury or illness, as Sony reasonably determines as being necessary for your safety.
Sony reserves the right to decline or remove any participant from an Event where their conduct is deemed to pose a risk or nuisance to others, or to protect the participant’s own health and safety.
Participants may be subject to lawful screening for prohibited items. Details of prohibited items will be displayed at the Event but include:
1. glass or breakable containers
2. alcoholic beverages
3. illicit drugs
4. explosive devices
5. laser pointers
6. knives
7. food purchased from outside venues; and
8. any other items that may cause injury or public nuisance as reasonably determined by Sony.
Persons gaining unauthorised access to the Event may be liable for trespass and removed and / or banned from the Event.
You are permitted to take photos and/or video during the Event so long as:
1. you are not causing annoyance or inconvenience to other participants;
2. the subject of the photo is not one detailed in the Summary Offences Act 1988 (NSW); and
3. the subjects in the photo / video have given their consent.

Refunds

If the Event cannot proceed due to events outside of Sony’s control, then subject at all times to your rights under the Australian Consumer Law, Sony may need to alter or cancel the Event. In such cases Sony will use reasonable endeavours to make contact with you prior to the commencement of the Event and provide suitable substitutions or compensation. Under the Australian Consumer Law, if an event is cancelled, or has a major change (for example: the date changes or the location changes to one much further away) you are entitled to a refund.

General

Sony reserves the right to change these Terms at any time in its discretion. Where this involves a material change and/or it will have a significant impact on you, Sony will use its reasonable endeavours to provide you with notice of these changes on its webpage for the Event where these Terms are published. Sony may not be able to provide notice where it needs to amend these Terms immediately. For example: (a) because it is required by law to do so; (b) due to unexpected or operational issues beyond Sony’s reasonable control; (c) where it is reasonably necessary to protect Sony’s infrastructure, systems, data, security or assets and/or your personal information (for example where the Event or another part of Sony’s operations is subject to a cyber incident or other unauthorised access) or (d) it is reasonably necessary for Sony to comply with a legitimate contractual obligation.
Nothing in these Terms limits, excludes or modifies or purports to limit, exclude or modify, the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia ("Non-Excludable Guarantees"). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, Sony, (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence) for any personal injury or any loss or damage (including loss of opportunity) - whether direct, indirect, special or consequential - arising in any way out of the promotion, including (without limitation): (a) any technical difficulties or equipment malfunction (whether or not under Sony's control); (b) any theft, unauthorised access or third party interference.
These Terms are governed by the laws of New South Wales. You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales and the Federal Court of Australia and any courts that may hear appeals from those courts about any proceedings in connection with the Event or these Terms.