Conditions of Entry

Conditions of Entry

For the comfort, safety and enjoyment of all patrons, staff and event participants please note the following Conditions of Entry in relation to entry and access to, and use and occupation of, the MyState Bank Arena (MSBA) which is managed and operated by LK Stadiums (Tas) Pty Ltd as the Trustee for LK Stadiums (Tas) Discretionary Trust or its nominee from time to time (Operator).

By entering into MyState Bank Arena, Patrons agree to be bound by these Conditions of Entry.

• (Right to Refuse Entry): The Operator reserves the right to refuse entry to any persons for any lawful reason. Persons who appear to be intoxicated or under the influence of drugs will be refused entry.
• (COVID-19): MSBA is operated in accordance with COVID-19 health and safety guidelines and regulations. Patrons will be required to comply with specific policies and procedures required by the Operator, and to follow COVID-19 specific directions provided by the Operator, to minimise the spread or transmission of COVID-19 within or around MSBA. This may include density restrictions and social distancing measures. The Operator does not represent or warrant that the risk of the spread or transmission of COVID-19 in MSBA is low. See Condition of Entry 19.
• (Valid Identification): Concession patrons must show a valid identification card as proof of eligibility at the ticket box and/or entry door.
• (Right to Check): The Operator reserves the right to manage Patron access to MSBA via screening equipment/checks and to search for prohibited items (see Condition of Entry 4). Patrons must comply with any request for non-invasive electronic or personal searching. The Operator reserves the right to conduct ‘pat down’, ‘wanding’ or other reasonably personal checks of the Patron as they enter or exit MSBA, or where reasonable, whilst Patrons move around MSBA.
• (Prohibited Items): The following items are prohibited at MSBA and must not be brought into MSBA (or attempted to be brought into MSBA):

• alcohol;
• illegal substances including controlled, dangerous or illicit drugs;
• opened drink containers;
• cans/glass;
• musical instruments;
• whistles;
• unauthorised posters, temporary signage and promotional products;
• flags/banners with handles exceeding 1.6 metres;
• fireworks/flares/laser lights/smoke generators;
• firearms, explosives, chemical, radioactive or biological substances;
• chairs/stools;
• umbrellas;
• rollerblades/skates, skateboards, scooters or bicycles;
• animals (other than guide/assistance dogs);
• professional cameras, audio recording equipment, video cameras or tripods;
• any large item that cannot be placed under a seat; and
• any other item that in the opinion of the Operator could cause harm or public nuisance.

If Patrons are found in possession of prohibited items, Patrons may be requested to surrender the item, or to immediately leave MSBA.

6. (No Drones): The carriage and operation of drones (or any such aircraft) is prohibited in MSBA and surrounding grounds.

7. (Alcohol): MSBA practices the responsible service of alcohol. Patrons agree that:

• alcoholic beverages purchased or procured from outside of MSBA must not be taken into or from MSBA;
• intoxicated persons will be refused entry/evicted from MSBA;
• alcohol may only be consumed in designated areas;
• certain events at MSBA may be ‘dry events’ and alcohol will not be permitted inside MSBA at such events; and
• it is an offence for minors to purchase or consume alcohol, or for a person to supply alcohol to a minor.

8. (No Smoking): MSBA is a smoke-free venue. Smoking (including the use of e-cigarettes and vapes) is not permitted within MSBA or in the designated smoke-free areas outside.

9. (Seating): Patrons must occupy the seat specified on their ticket. Patrons must not access or attempt to access any part of MSBA that is not generally available to members of the public holding the same class or category of ticket as the Patron (including the playing or performing area, changing rooms, back-of-house and stage areas).

10. (Evidence of Ticket): Tickets must be retained at all times whilst within MSBA. Any tickets that are damaged, defaced or have been purchased from an unauthorised agent may not entitle the holder to be admitted to MSBA.

11. (No Scalping): Patrons must not attempt to re-sell or offer to re-sell tickets to events at MSBA at a price above face value, or use tickets in the conduct of any promotion, advertising or other commercial activity (such as a trade promotion lottery).

12. (Monitoring and Privacy): Patrons agree that:

• the movement of patrons on MSBA site is subject to monitoring and surveillance by security cameras. Patrons may be filmed/photographed; and
• patrons consent to their image, likeness or voice being captured and used as part of any recording of the event (including prior to, during and after the conclusion of the event) at MSBA.

Patrons have certain rights to access personal information, including photographs, held by the Operator and can request access by contacting MSBA’s Privacy Officer by email to enquires@mystatebankarena.com.au. Personal Information is collected, used, disclosed and handled in accordance with the Operator’s Privacy Policy at www.mystatebankarena.com.au.

13. (Standards of Behaviour): Patrons must not:

• enter MSBA and/or the arena without prior authorisation;
• display or exhibit conduct which the Operator considers to be disorderly, offensive or unlawful behaviour or a nuisance to any other person at MSBA;
  
• engage in any conduct which creates an unreasonable risk to the health or safety of any person, or damage to real or personal property;
• use foul or abusive language, or make discriminatory, racial or threatening remarks or gestures, or otherwise behave in a threatening, abusive, intimidate or insulting manner (including verbally or by display on clothing or signage) in respect of any person (including performers, players, officials, participants or other Patrons). This includes not offending, insulting, intimidating, vilifying, disparaging or humiliating any person on the basis of their gender, race, religion, culture, skin colour, sexual orientation, gender identity, disability, ethnicity or descent;
• disrupt, hinder or interrupt any event at MSBA or do any thing or fail to do anything which may result in such disruption, hinderance or interruption;
• litter;
• throw or attempt to throw projectiles within MSBA;
• disrupt, hinder, harass, impede or interrupt any:

• accredited camera operator or other accredited broadcast personnel, accredited commentator or accredited media (including photographers on or off the playing or performing area);
• authorised provider of catering or pourage services at MSBA;
• sponsor of MSBA or of any promoter of an event at MSBA or hirer of MSBA, in the conduct of any authorised promotion or activation at MSBA;
• authorised supplier of merchandise or event programs at MSBA;
• the ticketing agency performing ticketing services at MSBA; or
• or any other accredited official at MSBA;

14. (Compliance with directions and laws): Patrons must comply with:

• all lawful and reasonable directions of the Operator, including in the exercise of the Operator in its powers, rights and privileges under these Conditions of Entry;
• the Operator’s health, safety and risk management policies and procedures;
• authorised signage and instructional directions at MSBA, including evacuation plans; and
• all applicable laws.

15. (Minors): Patrons under the age of 18 years must be accompanied by a Patron who is their parent or guardian at all times within MSBA. The parent or guardian Patron of a minor indemnifies the Operator from any loss or damage suffered or incurred by the Operator in connection with a claim made against the Operator by the minor (or their tutor) where the claim would (if brought by a person with legal capacity to enter into these Conditions of Entry) be barred, or be subject to a waiver of, or release from, liability expressed to be for the benefit of the Operator under these Conditions of Entry.

16. (Pass Outs): Pass outs will be issued at the discretion of the promoter or hirer of MSBA or the Operator.

17. (WARNING - Own Risk): Patrons are admitted to MSBA at their own risk except as specified below. MSBA will not be held responsible for any damages to, loss or theft of a patron’s personal property nor for any other loss, damage or injury suffered by any patron, whether in contract, tort or statutory liability , except to the extent such loss, theft, damage or injury is caused by MSBA’s negligence or which otherwise cannot be excluded by law. Patrons release the Operator and all other parties associated with organising the event from any responsibility or legal liability, loss or damage for death or personal injury associated with the Patron’s presence at, and participation in, the event, except to the extent such liability loss or damage is the result of the negligence of MSBA or otherwise cannot be excluded by law.

18. (WARNING - Obvious Risks of Injury - General): MSBA may be used to host sporting, concert and entertainments events, and other activities. Patrons acknowledge that such events, in particular sporting events, may be dangerous. Risks include collision with fixed or moving objects, falling or tripping, exposure to adverse weather, or acts of violence committed by other patrons. This includes the risk that a sporting ball may be thrown, kicked or otherwise projected into the seating areas at high velocity and the risk that participants may lose their footing and collide with Patrons. Patrons enter MSBA at their own risk and the Operator of MSBA does not accept any responsibility for damage to, loss or theft of a Patron’s personal property nor for any other loss, damage or injury suffered by any Patron, whether in contract, tort or statutory liability. This clause applies to the full extent permitted by law.

19. (WARNING - Obvious Risks - COVID-19 and Viral Transmission): Patrons understand that there is an unmeasurable risk of transmission of viral illness including COVID-19 at an event at this time, particularly given that carriers of the illness may be infectious whilst asymptomatic. Patrons have considered that risk and their own personal circumstances, including any health condition or vulnerability that patrons may have or that of persons whom patrons will be in close contact with following their attendance at an event.  Patrons acknowledge that, for a small number of people, COVID-19 has very serious health consequences.  By attending an event, Patrons acknowledge and accept these obvious risks.

20. (No Promotional Activities): Patrons must not conduct any unauthorized promotional, political or commercial activities within the MyState Bank Arena, including in relation to an event or function or otherwise.

• distributing promotional or advertising materials, including political or religious advertising; or
• engaging in ambush marketing; or
• posting advertising, bills, flyers, bills, banners, posters, papers or any other signage within or on the surfaces (whether internal or external) of MSBA.

21. (No Recording of Events): Patrons must not, without the prior written consent of the Operator:

• make any recording or take any photograph of any event or any person at MSBA;
• sell, supply, distribute, license or otherwise publish, disseminate, reproduce or exploit (or allow any other person to do so), in whole or in part, any audio, visual or audio-visual recordings taken or made inside MSBA (including, without limitation, photographs, video recordings, data recordings or sound recordings); or
• broadcast, transmit, stream or otherwise distribute or communicate by any means (including by use of a video or audio recording device) any images, sounds, data, results or commentary of or concerning any of the events or other activities at MSBA.

22. (Communication of Data): Patrons must not use any device (including a phone, tablet, laptop or computer) to collect, communicate or transmit any form of commentary, data or other material in relation to a sporting event being conducted at MSBA, including statistics.

23. (Integrity in Sports): The Operator treats matters relating to integrity in sports seriously. Patrons must not:

• communicate (in any way) any information to another person (whether that person is located within or outside MSBA) that may give that other person an unfair advantage if they were to engage in gambling related to that information (including practices known as ‘court siding’);
• provide inside information (which is not publicly available), such as team selection or member’s configuration, whether or not for betting purposes; or
• participate (by act or by omission) in any match-fixing or attempted match-fixing by:

• exerting undue influence on any occurrence within a sporting event;
• inducing or encouraging any person to deliberately underperform;
• ensuring or unduly influencing a particular incident that is subject to a bet; or
• facilitating, assisting, aiding, abetting, encouraging, covering-up, or being complicit in any other way the conduct referred to above.

24. (Ticketing Terms): These Conditions of Entry must be read together with any terms or conditions of entry or ticketing that may be applied or imposed by:

• the Operator’s ticketing agent for events (at the date of these Conditions of Entry, Ticketek is the ticketing agent but another ticketing agent may be appointed for certain events from time to time);
• the promoter of the event at MSBA;
• the hirer of MSBA for the event; or
• the performing artist or sporting clubs or bodies performing or participating in the event. These terms or conditions will be made known to Patrons by the relevant person. For example, the ticketing agent’s terms and conditions are set out on the ticketing agent’s website, and the sporting bodies terms and conditions are set out on their website, in each case as amended from time to time. In the event of any inconsistency between those terms or conditions, and these Conditions of Entry, these Conditions of Entry prevail. To avoid doubt, an inconsistency does not arise merely because those terms or conditions impose additional terms or conditions over and above those in these Conditions of Entry.

25. (Failure to Comply): A failure to comply with any of these Conditions of Entry may result in eviction or ejection from MSBA and a prohibition on re-entry or attempted re-entry into MSBA for a period of 24 hours from eviction or ejection, or such longer period determined by the Operator. Additionally, for certain failures of these Conditions of Entry, the Operator may report Patrons to the enforcement authorities, including Sports Integrity Australia. Patrons may be liable for prosecution or be fined by a competent lawful authority. The Operator may co-operate with the authorities in the enforcement of any breach of applicable laws. No ticket refund will be paid to patrons ejected from or refused entry to MSBA in accordance with these Conditions of Entry.

26. (Variation): Please note that the above Conditions of Entry may vary from time to time.

27. (Governing Law): These Conditions of Entry are governed by the laws of the State of Tasmania and its appellate courts. The Patron waives any right to claim that the Courts of that place do not have jurisdiction, are an inconvenient forum or that the Courts of such other place are a more appropriate forum.