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Great Australian Bites at Docklands – Terms and Conditions

2019 Great Australian Bites at Docklands presented by Australia Day Victoria

Participation Terms & Conditions

General terms that apply to all participants in Great Australian Bites

  1. These terms and conditions relate to your participation in Great Australian Bites at Docklands. To participate in Great Australian Bites you must agree to these terms and conditions.
  2. All applications to participate in Great Australian Bites are subject to approval by Australia Day Victoria (ADV), and ADV may accept or refuse applications in its sole discretion without the need to provide reasons.
  3. Great Australian Bites will take place on 26 January 2019. Your participation will take place on the date and during the hours set and agreed to by ADV unless you are otherwise notified by ADV. ADV reserves the right to:
  4. change the date and/or time of Great Australian Bites;
  5. cancel Great Australian Bites; or
  6. cancel your participation in Great Australian Bites, provided it gives you 7 days’ written notice of the change.
  7. By registering to be a part of Great Australian Bites you will automatically be added to our Australia Day Victoria database.
  8. To participate in Great Australian Bites at Docklands, your restaurant must be located within the municipality of Docklands.
  9. Eligible restaurants participating in Great Australian Bites must provide a minimum of one (1) menu offer that is specifically curated for Australia Day 2019.
  10. Upon completing your application to participate in Great Australian Bites you will be sent a confirmation web-page which indicates that your application has been sent to the ADV organisers. If your participation in Great Australian Bites is ultimately refused pursuant to condition 2 above, you will be notified in writing.
  11. ADV maintains the right to edit (including the removal of conflicting brand names), copy and use images supplied by you online and for any marketing promotional assets used for Great Australian Bites at its sole discretion.
  12. All cancellations must be notified to ADV in writing prior to 19 January 2019.
  13. Your menu offer must be open to the public, but may be subject to any capacity restrictions that apply to your premises or require members of the public to make reservations in order to procure your menu offer.
  14. Great Australian Bites will be promoted by ADV through a marketing campaign which may include press, online and radio advertising. Your participation in Great Australian Bites and your event will be included in the Great Australian Bites program which will be online at australiaday.vic.gov.au(the “Website”). The extent of such promotion will be at the sole discretion of ADV
  15. To assist you with promoting your involvement in Great Australian Bites and your menu offer, you will be supplied with official Great Australian Bites materials and/or event marketing materials. You must display these materials in conjunction with your menu offer to the extent that is appropriate in your circumstances.
  16. The Great Australian Bites logo and any other Great Australian Bites or event marketing materials may only be used by you until the closing date of Great Australian Bites. After that date:
  17. the Great Australian Bites logo must be removed from your website;
  18. any marketing materials which contain the logo must be withdrawn from distribution and circulation; and
  19. you must cease display of any other Great Australian Bites materials and/or event marketing materials.
  20. You acknowledge that you do not acquire any intellectual property rights or goodwill in the names “Great Australian Bites”, “Australia Day Victoria” or in the name of any event that is part of Great Australian Bites. Any use by you of ADV logos, trademarks or other intellectual property is subject to ADV’s prior written approval.
  21. You consent to ADV sharing your contact information with official Great Australian Bites partners, and to ADV and Great Australian Bites partners contacting you with promotional opportunities related to:
  22. your menu offer;
  23. Great Australian Bites; and
  24. other similar events conducted by ADV.
  25. You release ADV and its related bodies corporate, affiliates, officers, agents and employees (the Released Parties) from all claims, demands and proceedings relating to your participation in Great Australian Bites and your event/s. You agree to indemnify the Released Parties against any liabilities, losses, damages, outgoings, costs and expenses incurred by the Released Parties arising out of or as a result of your participation in Great Australian Bites and your event, including the sale or service of any product at Great Australian Bites or your event, and any breach by you of these terms and conditions.
  26. You must maintain for the duration of Great Australian Bites all necessary and appropriate business insurance policies, including public and product liability insurance to cover liability for any injury, loss, death or damage whatsoever arising out of or as a result of your participation in Great Australian Bites and your event. You must also maintain for the duration of Great Australian Bites worker’s compensation insurance as required by law.
  27. You acknowledge that ADV does not give any guarantee in respect of the success or profitability of your participation in Great Australian Bites or your menu offer.
  28. You participate in Great Australian Bites at your own risk.  You acknowledge that ADV is not responsible for, and accepts no liability in relation to, your participation in Great Australian Bites.  In no circumstances will ADV be liable to you for any indirect, incidental, special and/or consequential losses or damages (including loss of profits, loss of opportunity and loss of goodwill) in connection with Great Australian Bites.
  29. You acknowledge that you are responsible for the safety of your employees, contractors and other individuals attending your premises during Australia Day and you agree to comply with all statutory obligations in respect of work, health and safety applicable in Victoria, and any other policies or directions issued by ADV or its nominated representatives. You must notify ADV or its nominated representatives immediately of any safety concerns.
  30. You warrant that you will comply with all applicable laws in relation to your offer. In particular this includes, without limitation, all laws relating to the preparation, sale and service of food and beverage items and fair trading laws.
  31. You will retain all intellectual property rights in trademarks, names, logos, slogans or other intellectual property owned or developed by you relating to you or your businesses (Your Recognition) and you hereby grant to ADV a non-exclusive, royalty-free licence to reproduce and publish Your Recognition for the purpose of ADV carrying out its obligations under this agreement or in connection with Great Australian Bites.
  32. You warrant that the supply, use and publication of any material you supply to us in connection with Great Australian Bites or your event will not infringe the intellectual property rights of any other person.
  33. You agree at all times to act in good faith in relation to Great Australian Bites.
  34. ADV reserves the right to direct you to immediately cease participation in Great Australian Bites and conduct of your event if ADV reasonably believes in its sole discretion without the need to provide reasons that your actions are causing, or are likely to cause, disruption to Great Australian Bites, embarrassment to ADV or a safety risk to the public.
  35. Neither party to this agreement will be liable to the other party for delay or failure to perform an obligation under this agreement due to Force Majeure. You acknowledge that you are not entitled to any reimbursement in respect of any matter disrupting or leading to the postponement or cancellation of Great Australian Bites including, without limitation, inclement weather. In this clause “Force Majeure” means an event or circumstance beyond the reasonable control of a party, including acts of God, war, rain, hail, fire, explosion, civil disobedience, legislation not in force at the date of this agreement or labour disputes.

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