July 12th, Darling Downs QLD | Average Golf Open

 Terms and Conditions of Entry - Average Golf Open

These Terms and Conditions apply to the Competition organised and operated by R Walsh Group Pty Ltd ACN 691 102 986(RWG). By submitting the online entry form and ticking the "The Participant agrees" checkbox, you agree to be bound by these Terms and Conditions as a Participant in the Competition.

1. Definitions

2-man Ambrose means the golf competition format where both team members play their tee shots, select the best positioned ball, and then both players play their subsequent shots from that position until the ball is holed, as set out or modified in the Competition Rules.

Australian Consumer Law or ACL means the consumer protection provisions contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Competition means the multi-round amateur golf tournament series operated by RWG known as the Average Golf Open, consisting of regional qualifying rounds, state championship rounds, and national finals conducted at Host Clubs across Australia, in which Participants compete as two-player Teams using the 2-man Ambrose format, as varied by RWG from time to time.

Competition Rules means the rules, format requirements, and administrative directions established by RWG for the conduct of the Competition.

Entry Fee means the fee payable by Participants for entry into the Competition as specified in the entry documentation.

Event means any individual tournament round within the Competition, including regional, state or national rounds.

Finals Round means the final stage of the Competition comprising Teams that have qualified from a State Round, at which final placings and prizes are determined.

Force Majeure Event means any event or circumstance beyond the reasonable control of RWG, including but not limited to acts of God, extreme weather conditions, natural disasters, government restrictions, public health emergencies, or Host Club unavailability.

GA Handicap means a current and valid handicap issued by Golf Australia and maintained through the Golf Link system.

Golf Link Number means the unique identification number assigned to each golfer registered with Golf Australia's Golf Link handicapping system.

Host Club means any third-party golf club at which an Event is conducted, including the club's premises, facilities, golf course, and associated areas under the club's ownership, operation or control.

Host Club Rules means the rules, policies, directions, course conditions, and requirements established by each Host Club for use of its facilities and participation in events at its premises.

Participant means an individual golf player who has accepted these Terms and Conditions and entered the Competition. Two Participants form a Team for the purposes of the 2-man Ambrose format.

Qualifying Team means a Team that has successfully progressed from one round of the Competition to the next successive round.

Recreational Activity means golf and associated activities conducted as part of the Competition, being activities that involve a significant degree of physical exertion or physical risk and are undertaken for the purposes of recreation, enjoyment or leisure.

Regional Round means the initial stage of the Competition conducted at designated locations, through which Teams may qualify for the State Round.

RWG means R Walsh Group Pty Ltd ACN 691 102 986, and includes its employees, agents, contractors and representatives.

State Round means the intermediate stage of the Competition comprising Teams that have qualified from a Regional Round, through which Teams may qualify for the Finals Round.

2. Competition Structure and Format

(a) The Competition consists of three progressive rounds: Regional Rounds, State Rounds, and Finals Round.

(b) Each round of the Competition will be conducted at designated Host Clubs across Australia as determined by RWG.

(c) The Competition format is 2-man Ambrose throughout all rounds of the Competition.

(d) Participants must compete as a Team consisting of two players throughout the entire Competition.

2.2. Team Consistency Requirements

(a) The same two players who form a Team in any qualifying round must continue as that identical Team through all subsequent rounds of the Competition.

(b) Substitution of Team members is not permitted unless approved in writing by RWG in its absolute discretion.

(c) If either member of a Team is unable to participate in a subsequent round and no substitution is approved by RWG, the Team is disqualified from further participation in the Competition.

2.3. Progression Requirements

(a) Teams must achieve the qualifying position or score as determined by RWG in each round to progress to the subsequent round.

(b) Only Qualifying Teams from Regional Rounds may participate in State Rounds.

(c) Only Qualifying Teams from state championship rounds may participate in the Finals Round.

(d) RWG reserves the right to determine the number of Qualifying Teams from each round and the qualifying criteria for progression in the Competition Rules.

2.4. Competition Rules

(a) All Teams must comply with the Competition Rules as adopted, amended or replaced by RWG from time to time.

(b) The Royal & Ancient (R&A) Rules of Golf apply to all rounds of the Competition.

(c) All decisions made by RWG regarding the Competition Rules, scoring, qualifying positions, and progression are final and binding.

(d) RWG may modify the Competition structure, format, rules, policies or progression requirements at any time upon the provision of written notice to Participants. Failure by RWG to notify any Participant of a change does not invalidate the change.

3. Eligibility and Entry Requirements

3.1. General Eligibility

(a) To participate in the Competition and be eligible for progression and Competition prizes, each Participant must:

(i) be at least 18 years of age at the time of entry;

(ii) complete and submit the official entry form and accept these Terms and Conditions;

(iii) be an amateur golfer and comply with all applicable amateur status requirements under Golf Australia rules for the duration of the Competition;

(iv) satisfy any additional eligibility criteria specified by RWG for a particular Event from time to time, including (without limitation) age, attendance, geographic or handicap requirements.

(b) Any person that has at any time attained professional status as a golfer is not eligible for Competition prizes or progression.

3.2. Handicap and Golf Link Requirements

(a) Each Participant must hold a current and valid GA Handicap issued by Golf Australia at the time of participation in any Event.

(b)        Each Participant must provide a valid Golf Link Number to RWG no later than 14 days prior to the relevant Event (Lock Date), and the Participant’s handicap for the purposes of the Event will be locked as at the Lock Date.

(c) Failure to provide a valid Golf Link Number within the timeframe required by clause 3.2(b) will result in:

(i) ineligibility for prizes and progression to subsequent rounds; and

(ii) potential removal from the Competition at RWG’s discretion.

(d) RWG may, at its discretion, permit participation on a social or non-competitive basis where the requirements of this clause are not met.

3.3. Team Requirements

(a) Each Team member must individually:

(i) accept these Terms and Conditions; and

(ii) complete the entry process,

no later than 14 days prior to the relevant Event.

(b) Failure of a Team member to complete registration within this timeframe may result in the Team being withdrawn or refused entry from the Event at RWG’s discretion.

3.4. Progression Requirements

To be eligible to progress from a Regional Round, each Participant in the Team must comply with clauses 3.1 and 3.2(a) at the time of that Event.

3.5. Handicap Integrity

(a) RWG reserves the right to audit, verify and investigate any Participant's Golf Link Number, handicap history and playing record with Golf Australia or any other relevant body, and provide RWG with such information as it may reasonably required in order to confirm the Participant’s handicap;

(b) If RWG reasonably suspects that a Participant has manipulated, artificially inflated or otherwise misrepresented their handicap (including "sandbagging"), RWG may in its absolute discretion adjust the Participant's handicap for Competition purposes, disqualify the Participant and their Team from the Competition, or both.

(c) Each Participant consents to RWG making enquiries with Golf Australia and any golf club regarding their handicap and playing history.

3.6. Eligibility Enforcement

(a) RWG may, in its absolute discretion, reject any entry, revoke eligibility or withdraw any Participant from the Competition at any time, including after an Event has been completed, if it determines (at its absolute sole discretion) that a Participant has breached or failed to satisfy any eligibility requirement.

(b) No refund of the Entry Fee is payable where eligibility is revoked due to a Participant's breach or misrepresentation.

4. Relationship Between RWG and Host Clubs

4.1. Host Club Independence

Each Participant acknowledges that:

(a) each Host Club is an independent third party that owns, operates and controls its golf course, clubhouse, facilities and premises;

(b) RWG has no ownership interest, control or management responsibility over any Host Club or its facilities;

(c) each Host Club maintains and enforces its own rules, policies, procedures and standards of operation which are separate and independent from the Competition Rules;

(d) by agreeing to participate in the Competition, the Participant will be required to agree to the Host Club’s terms and conditions of entry.

4.2. RWG Responsibilities

(a) RWG is responsible for the overall management and administration of the Competition including tournament format, progression criteria, and Competition Rules.

(b) RWG's responsibilities are limited to competition-related matters and do not extend to the operation, maintenance or condition of any Host Club facilities.

4.3. Participant Compliance

(a) Host Club decisions regarding their rules and premises are final and binding.

(b) Participants acknowledge that failure to comply with Host Club Rules will constitute a breach of these terms which may result in RWG exercising its right to (among other things) disqualify the Team from the Event.

4.4. Limitation of RWG Liability for Host Club Matters

Each Participant acknowledges and agrees that:

(a) To the maximum extent permitted by law, RWG:

(i) excludes all liability for any loss, damage, injury or incident arising from or in connection with Host Club premises, facilities, course conditions or operations, including where RWG arranged, selected or recommended the venue;

(ii) is not responsible for any acts, omissions, decisions or conduct of Host Clubs, their employees, agents or contractors;

(b) any claims relating to Host Club facilities, course conditions or Host Club operations are matters between the Participant and the relevant Host Club; and

(c) RWG is not responsible for and makes no representation or warranty regarding the quality, condition, playability or suitability of any Host Club's golf course, facilities or premises, or any weather conditions affecting play.

4.5. No Agency or Partnership

Nothing in these Terms creates or is intended to create a partnership, joint venture, agency or employment relationship between RWG and any Host Club.

5. Entry Fees and Payment Terms

5.1. Entry Fee Structure

(a) Each Team must pay the Entry Fee as specified by RWG for Competition entry.

(b) For the avoidance of doubt, payment of the Entry Fee for a Regional Round covers entry in all subsequent rounds of the Competition (State Round and Finals Round) should the Team qualify and progress, meaning no further Entry Fee is payable for participation in subsequent rounds.

5.2. Payment Obligations

(a) The Entry Fee must be paid in full at the time specified by RWG and, in any event, prior to participation in the Team's first scheduled event.

(b) Payment of the Entry Fee must be made by the method specified by RWG and confirmed receipt of payment is required before the Team may participate.

(c) Teams remain liable for the Entry Fee even if one or both Participants subsequently become unable to participate.

5.3. Refund Provisions

(a) Entry Fees are generally non-refundable once paid, except as provided in this clause 5.3, clause 5.4 and as otherwise required by law.

(b) RWG may (but is not obliged to), having regard to the circumstances, provide a partial refund or a credit towards a future Event if a Team withdraws at least 14 days prior to their scheduled event date.

(c) Without limiting RWG’s rights under clause 5.3(b), no refunds or credits will ordinarily be provided for withdrawals made less than 14 days prior to the scheduled event date, regardless of the reason for withdrawal.

5.4. Event Cancellation and Rescheduling

(a) RWG reserves the right to cancel, postpone, reschedule or relocate any Event at any time in its discretion, including (without limitation) where reasonably required due to (without limitation) safety, operational or logistical considerations.

(b) To the maximum extent permitted by law, Participants acknowledge that where an Event is cancelled, postponed, interrupted or affected due to the occurrence of a Force Majeure Event:

(i) no refund, compensation or damages will be payable;

(ii) RWG may (but is not obliged to), in its absolute sole discretion:

(A) offer Participants a transfer to another Event;

(B) provide a credit toward a future Event; or

(C) determine that the Event results stand (including partial completion scenarios);

(iii) RWG has no liability for any additional costs, expenses, or losses incurred by Participants due to event cancellation or rescheduling caused by Force Majeure Events.

(c) Where an Event is cancelled solely at RWG’s discretion for reasons within its control, it may offer a refund, credit or transfer, at its discretion.

6. Health and Fitness Declaration

(a) Each Participant warrants and represents that they are physically and mentally fit, healthy and capable of safely participating in the Competition and all associated activities.

(b) Each Participant acknowledges that:

(i) it is a condition of participation in the Event that each Participant is physically and mentally fit, and capable of safely participating in the Competition and all associated activities;

(ii) participation in golf activities requires a reasonable level of physical fitness, coordination and mental alertness;

(iii) they participate in the Competition entirely at their own risk and that RWG relies on the accuracy and completeness of any health and fitness representations made by the Participant in deciding to permit entry to the Competition.

(c) Each Participant warrants that they will not participate in the Competition if they are under the influence of alcohol, illegal drugs or prescription medications that may impair their judgment, coordination or physical capabilities.

(d) If a Participant becomes aware of any change in their health or fitness status between registration and participation, they must immediately notify RWG and may be required to withdraw from the Competition.

(e) Each Participant acknowledges that failure to accurately and fully disclose any relevant health or medical information releases RWG from any responsibility or liability arising from such non-disclosure, and the Participant indemnifies RWG against any claim, loss, damage or expense arising from or in connection with the Participant's failure to disclose.

7. Risk Warning and Assumption

(a) Each Participant acknowledges and agrees that golf is a recreational activity that involves inherent and obvious risks of injury, damage or loss.

(b) Without limiting clause 7(a), each Participant expressly acknowledges that risks may arise from or be associated with:

(i) golf course conditions including but not limited to uneven terrain, water hazards, bunkers, trees, rocks, holes, and maintenance equipment;

(ii) weather conditions including rain, wind, lightning, extreme temperatures and changing weather patterns;

(iii) the actions or omissions of other participants, spectators, golf course staff or third parties;

(iv) golf equipment including golf balls, clubs, golf carts, and other sporting equipment whether owned by the Participant or provided by others;

(v) the physical demands and nature of the game of golf including walking, swinging, bending and carrying equipment; and

(vi) facilities and infrastructure at Host Clubs including clubhouses, car parks, pathways, toilets and catering areas.

(c) Each Participant voluntarily assumes all risks associated with their participation in the Competition and any Event, whether those risks are obvious, inherent, or otherwise and that this clause 7 constitutes a ‘risk warning’ in accordance with relevant legislation.

(d) Each Participant confirms that their decision to participate in the Competition is made voluntarily and with full knowledge of the risks involved.

8. Australian Consumer Law and Liability Framework

8.1. Australian Consumer Law Acknowledgment

The Participants acknowledge that the Australian Consumer Law (ACL) contains certain consumer guarantees that may apply to the provision of services by RWG.

8.2. Recreational Services Waiver

Each Participant agrees as follows:

(a) the Event constitutes a ‘recreational service’ for the purposes of section 139A of the Competition and Consumer Act 2010 (Cth);

(b) to the maximum extent permitted by law, the Participant releases and forever discharges RWG from all liability in connection with recreational services (as defined in the Competition and Consumer Act 2010 (Cth)) for:

(i) the Participant’s death;

(ii) any physical or mental injury sustained by the Participant (including aggravation, acceleration or recurrence);

(iii) the contraction of a disease by the Participant (including aggravation, acceleration or recurrence);

(iv) any other illness, loss, or damage connected with the Participant’s attendance or participation at the Event;

(v) 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:

(A) that is or may be harmful or disadvantageous to the Participant or the community; or

(B) that may result in harm or disadvantage to the Participant or the community,

regardless of how the event occurs, including but not limited to negligence, breach of contract, breach of duty or omission by RWG;

(c) to the maximum extent permitted by law, the Participant indemnifies and keeps indemnified RWG in respect of any action, suit, proceeding, claim, demand, damage, penalty, cost or expense, however arising (Claim):

(i) by the Participant or on the Participant’s behalf arising out of the Participant’s death, whether caused by the negligence or breach of contract by RWG or in any other manner whatsoever;

(ii) by any other person (other than on the Participant’s behalf) against RWG:

(A) arising as a result of or in connection with the Participant’s attendance or participation at the Event, in any manner whatsoever; and

(B) against RWG in respect of any injury, loss or damage arising out of or in connection with the Participant’s failure to comply with any of RWG’s or the Event’s rules and/or directions, in any manner whatsoever,

save that the above releases and indemnities 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 reckless conduct of RWG;

(d) each of the waivers provided in the Schedule to these Terms apply to the extent applicable based on where the Event is located;

(e) this document is made for the benefit of RWG and any person falling within the definition of RWG may rely on and enforce its terms to the extent permitted by law;

(f) RWG, and any person falling within the definition of RWG, may plead this document as a bar to proceedings now or in the future commenced by or on the Participant’s behalf, or by any person claiming through the Participant.

8.3. Assumption of Risk

(a) Each Participant voluntarily assumes all risks associated with participation in the Competition, including risks arising from course conditions, weather, equipment, and the conduct of other participants.

(b) Each Participant acknowledges that participation in golf involves inherent and obvious risks that cannot be eliminated regardless of the care taken.

8.4. Limitation of Liability - Host Clubs

(a) The Participants acknowledge that each Host Club independently owns, operates and controls its golf course, facilities and premises.

(b) To the maximum extent permitted by law, RWG excludes all liability for any loss, damage or injury arising from the condition, operation or management of any Host Club's facilities, course or premises.

(c) Any claims relating to Host Club facilities, course conditions or incidents occurring at Host Club premises are matters between the Participant and the relevant Host Club.

8.5. General Limitation of Liability

(a) Subject to non-excludable rights under the Australian Consumer Law, RWG's total aggregate liability to any Participant for all claims of any kind arising from or in connection with the Competition is limited, to the maximum extent permitted by law, to the amount of the Entry Fee paid by that Participant.

(b) RWG excludes all liability for indirect, consequential, special or punitive damages.

8.6. Non-Excludable Rights

(a) Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot be excluded, restricted or modified under the ACL or other applicable law.

(b) Where any guarantee, warranty, term or condition is implied or imposed in relation to these terms under the Australian Consumer Law or any other applicable legislation and cannot be excluded (a Non-Excludable Provision) and RWG is able to limit the Participant’s remedy for a breach of the Non-Excludable Provision, the liability of RWG to the Participant for a breach of the Non-Excludable Provision is limited to either (at RWG’s option) supplying of the affected Services again, or paying the cost of having the affected Services supplied again.

9. Conduct and Compliance Requirements

(a) Each Participant must at all times comply with:

(i) all directions, instructions and decisions of RWG;

(ii) the Competition Rules, rules or policies of RWG as adopted, varied or supplemented by RWG from time to time;

(iii) all Host Club Rules, policies, directions and requirements at each venue;

(iv) all applicable rules of golf as determined by Golf Australia or other relevant governing body;

(v) all safety requirements, warnings and instructions issued by RWG or any Host Club; and

(vi) all applicable laws, regulations and local government requirements.

(b) Participants must conduct themselves in a manner that:

(i) maintains the integrity and reputation of the Competition;

(ii) demonstrates respect for other participants, officials, Host Club staff and volunteers;

(iii) does not endanger the safety or wellbeing of themselves or others; and

(iv) complies with standards of behaviour expected at amateur golf competitions.

(c) RWG may immediately disqualify any Participant or Team from the Competition if the Participant:

(i) breaches any provision of these terms and conditions;

(ii) engages in misconduct, unsporting behaviour or conduct prejudicial to the Competition;

(iii) fails to comply with safety requirements or directions;

(iv) is found to be ineligible under these terms or provides false information regarding eligibility;

(v) acts in a manner that does, or may, bring the Competition, RWG or amateur golf into disrepute; or

(vi) fails to comply with Host Club Rules or directions.

9.2. Post-Event Enforcement

(a) RWG may, at any time after the completion of an Event (including after the conclusion of the Competition), disqualify a Participant or Team, revoke any prizes awarded, correct results, and take any other action it considers appropriate if it discovers or determines that a breach of these Terms has occurred.

(b) RWG's rights under this clause are not limited by any time period and survive the conclusion of the Competition.

(c) To the extent permitted by law, all decisions made by RWG regarding:

(i) Competition Rules and their interpretation;

(ii) participant eligibility and compliance;

(iii) disqualification or disciplinary action;

(iv) dispute resolution; and

(v) any other matters arising in connection with the Competition,

are final and binding on all Participants, may not be appealed or challenged, and RWG is not required to provide reasons for any such decision.

9.3. Alcohol and Intoxication

RWG may refuse participation in or remove from any Event any Participant who, in RWG's reasonable opinion, is under the influence of alcohol, illegal drugs or any substance that impairs their ability to participate safely.

9.4. Equipment and Golf Carts

(a) Each Participant is solely responsible for the safe and proper use of all equipment, including golf carts, during the Competition.

(b) Each Participant is liable for any damage caused by the Participant to Host Club property, equipment or facilities, including golf carts.

9.5. Insurance

RWG does not provide personal accident, health or travel insurance for Participants. Each Participant is responsible for arranging their own insurance cover for participation in the Competition where necessary or desirable.

10. Privacy and Media Consent

10.1. Personal Information Collection and Use

(a) RWG may collect, use and disclose personal information provided by Participants including names, contact details, Golf Link Numbers, handicap information and other details necessary for Competition administration, sponsor communications and marketing purposes.

(b) Personal information may be used for Competition management, communication with Participants, results publication, promotional activities related to the Competition, and marketing communications from RWG and its sponsors.

(c) RWG will handle personal information in accordance with applicable Australian privacy laws and its privacy policy, available at https://www.reecewalsh.co/policies/privacy-policy.

10.2. Media Consent and Rights

(a) Participants grant RWG, Host Clubs, and RWG's sponsors, commercial partners and licensees the irrevocable right to photograph, film, record and otherwise capture their image, likeness, voice and performance in connection with any Event.

(b) RWG and its sponsors, commercial partners and licensees may use, reproduce, publish, license, distribute and otherwise exploit such materials in any media format for promotional, marketing, educational, sponsorship or commercial purposes without payment or further consent.

(c) The consent provided in this clause 10.2 includes use in websites, social media, advertising materials, publications, broadcasts, sponsor campaigns, promotional partnerships and any other promotional or commercial activities related to the Competition, RWG or golf generally.

10.3. Information Sharing

(a) RWG may share Participant information with Host Clubs, Golf Australia, and other golf organisations as necessary for Competition administration and verification of eligibility requirements.

(b) Results, handicap information and team details may be published and made publicly available through Competition communications and promotional materials.

11. Intellectual Property

11.1. General Intellectual Property Rights

(a) All intellectual property rights (including copyright, trade marks, designs, logos, branding, domain names and any other proprietary rights) in and to the Competition, the Competition name, branding, promotional materials, website content, entry forms, Competition Rules and all other materials created by or on behalf of RWG are and remain the exclusive property of RWG.

(b) Any intellectual property developed, created or arising in connection with or as a result of any Event, including photographs, video recordings, audio recordings, graphics, data, statistical analyses, written content and any other materials, vests in and is owned exclusively by RWG upon creation.

(c) No Participant acquires any right, title or interest in any intellectual property of RWG by reason of participation in the Competition, and must provide RWG with all reasonable assistance in order to ensure that all intellectual property is assigned to RWG in accordance with this clause.

11.2. Moral Rights Consent

(a) Each Participant acknowledges that, in the course of the Competition, RWG and its sponsors, commercial partners and licensees may carry out the following, or similar, acts in relation to photographs, film, video and audio recordings and any other works in which the Participant may have moral rights under Part IX of the Copyright Act 1968 (Cth):

(i) reproduce, crop, edit, modify, overlay with text or graphics, or otherwise alter photographs and video recordings of the Participant taken during any Event, without attributing the Participant as a subject or contributor, for use in promotional materials, websites, social media, advertising and sponsor campaigns;

(ii) publish, broadcast or distribute such photographs, recordings and materials in a context different from the original context in which they were captured, including in composite images, highlight reels, promotional montages or sponsor materials, without attribution to the Participant;

(iii) use the Participant's image, likeness or voice in materials that may be materially altered from the original recording, including through cropping, colour adjustment, digital enhancement, addition of overlays, logos, sponsor branding or promotional text; and

(iv) sublicense any of the above rights to Host Clubs, sponsors, commercial partners, media organisations and other third parties engaged by RWG for promotional or commercial purposes in connection with the Competition.

(b) Having been informed of the specific nature and extent of the acts described in clause 11.2(a), each Participant consents, for the purposes of Part IX of the Copyright Act 1968 (Cth), to RWG, its sponsors, commercial partners, licensees and sublicensees carrying out each of those acts, even though the acts may otherwise infringe the Participant's moral rights of attribution, integrity and against false attribution.

(c) Each Participant acknowledges that this consent is given voluntarily, that they have had the opportunity to seek independent legal advice in relation to this consent, and that the consent is irrevocable and extends for the duration of copyright in the relevant works.

12. General Legal Provisions

12.1. Governing Law and Jurisdiction

(a) These Terms are governed by and construed in accordance with the laws of Queensland, Australia.

(b) The Participants submit to the non-exclusive jurisdiction of the courts of Queensland and any courts that may hear appeals from those courts.

12.2. Amendment Rights

(a) RWG may amend these Terms at any time by providing reasonable notice to Participants where it is reasonably necessary to:

(i) reflect changes in applicable law or regulatory requirements;

(ii) ensure safety, security or integrity of the Competition;

(iii) make administrative or operational changes that do not materially reduce Participant rights.

(b) Amendments will not affect Events already commenced unless required by law or for safety reasons.

(c) Continued participation in the Competition after notice of amendments constitutes acceptance of the amended Terms.

12.3. Entire Agreement

(a) These Terms constitute the entire agreement between the parties relating to participation in the Competition.

(b) These Terms supersede all prior negotiations, representations, warranties, understandings and agreements relating to the subject matter.

(c) No variation of these Terms is effective unless made in writing and signed by RWG.

12.4. Severability

(a) If any provision of these Terms is held to be invalid, illegal or unenforceable, that provision will be severed and the remaining provisions will continue in full force and effect.

(b) The parties will negotiate in good faith to replace any severed provision with a valid provision that achieves the same commercial purpose.

12.5. Legal Advice

Each Participant acknowledges that they have been given the opportunity to seek independent legal advice before accepting these terms and conditions.

12.6.   Dispute Resolution

(a) Any dispute relating to the Competition rules, scoring, or competition matters is subject to the final and binding determination of RWG.

(b) For all other disputes arising out of or in connection with these Terms, a party must not commence court proceedings unless it has first complied with this clause 12.6.

(c) A party claiming that a dispute has arisen must give written notice to the other party specifying the nature of the dispute and the outcome sought (Dispute Notice).

(d) Within 14 days of receipt of a Dispute Notice, the parties must attempt to resolve the dispute through good faith negotiations between their respective senior representatives.

(e) If the dispute is not resolved within 28 days of the Dispute Notice (or such longer period as the parties agree in writing), either party may refer the dispute to mediation. If both parties agree to mediate, the mediation will be conducted in Brisbane, Queensland, and the costs of the mediator will be shared equally between the parties.

(f) If the dispute is not resolved by negotiation (or mediation, if undertaken), either party may commence court proceedings.

(g) Nothing in this clause prevents a party from seeking urgent interlocutory or injunctive relief from a court of competent jurisdiction.

12.7. Notices

(a) All notices under these Terms must be in writing and delivered by email to the addresses provided during registration.

(b) Notices are deemed received when the email is sent, unless an automatic delivery failure notification is received.

12.8. Waiver

(a) No failure or delay by RWG in exercising any right or remedy will constitute a waiver of that right or remedy.

(b) No single or partial exercise of any right or remedy will prevent further exercise of that right or any other right or remedy.

12.9. RWG's Discretion

Where these Terms provide that RWG may exercise a right, power or discretion, RWG may do so in its absolute discretion and is not required to provide reasons for any decision unless required by law.

By ticking the "The Participant agrees" checkbox and submitting the online entry form, each Participant acknowledges that they have read, understood and agree to be bound by these Terms and Conditions of Entry, including all competition rules, liability waivers, and compliance obligations set out herein. Ticking the checkbox constitutes the Participant's electronic acceptance of these Terms and has the same legal effect as a handwritten signature.

SCHEDULE – WAIVER FOR RECREATIONAL ACTIVITIES

1. Australian Consumer Law (New South Wales)

By signing this form, the Participant agrees that the liability of RWG and the Released Parties, in relation to recreational services (as that term is defined in the CCA and the ACL) and recreational activities (as that term is defined in the Civil Liability Act 2002 (NSW)), for any:

(a) death;

(b) physical or mental injury (including the aggravation, acceleration, or recurrence of such an injury);

(c) contraction, aggravation, or acceleration of a disease; or

(d) the coming into existence, aggravation, acceleration, or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct, or state of affairs:

(i) that is or may be harmful or disadvantageous to the Participant or the community; or

(ii) that may result in harm or disadvantage to me or the community, that may be suffered by the Participant (or a person for whom or on whose behalf the Participant is acquiring the services) resulting from the supply of recreational services or recreational activities,

is excluded, and the application of any express or implied term that any services will be provided with due care and skill is hereby excluded.

2. Australian Consumer Law (Queensland)

By signing this form, the Participant acknowledges that, where the Participant is a consumer of recreational services as defined by any relevant law:

(a) certain terms and rights usually implied into a contract for the supply of goods or services may be excluded; and

(b) these implied terms and rights, and any liability of RWG or the Released Parties flowing from them, are expressly excluded to the extent possible by law.

To the extent of any liability arising, the liability of RWG or the Released Parties will, at the discretion of the relevant party:

(a) in the case of goods, be limited to the replacement, repair, or payment of the cost of replacing the goods; and

(b) in the case of services, be limited to the resupply of the services or payment of the cost of having the services supplied again.

For the avoidance of doubt, this exclusion does not exclude liability for recklessness as defined by any relevant law.