Terms and conditions

Scope

Mackay Beach Horse Races (the ‘Event’) is wholly owned by Mackay Tourism Limited ABN 56 074 909 265 and managed under contract by Sound Australia (Qld) Pty Ltd ABN 53 163 125 013 (the ‘Promoter’) (including but not limited to any authorised agents, employees, contractors and volunteers). All persons attending the Event (‘Attendees’), (including, but not limited to those involved in providing services, guests, ticket holders, volunteers, trade/exhibitors and their staff/contractors), agree to be bound by these terms, applicable legislation and laws, regulations and codes of practice, as well as any rules, requirements and directions of the Promoter. 

Ticketing

By purchasing a ticket (or otherwise obtaining a ticket) to the Event - you become a ‘Ticket Holder’ and agree to these Terms and Conditions and other published Terms and Conditions and Policies of the Promoter related to the Event. The Promoter provides no refund for Ticket Holder cancellations (unless non-attendance is related to public health - see COVID-19 clause below); including when an Attendee has been requested to leave the Event for breaching the terms and rules of the venue or when a Ticket Holder has a change of mind, except as required by the Australian Consumer Law. 

Tickets to the Event are only available through the official Mackay Beach Horse Races website and sites or vendors approved by the Promoter. Any sites or vendors approved will be listed on the Mackay Beach Horse Races website. Tickets are not to be resold or offered for resale or used for any promotional purposes without prior written consent from the Promoter. Tickets in breach of this condition will be deemed unauthorised and entry may be refused. Tickets purchased through unapproved sites or ticket sellers will not be honoured. 

Prohibited Items

Attendees at the Event grant permission for a search of personal belongings prior to entry and at the venue. Refusal to be searched will constitute a breach of these terms and entry will not be permitted. Possession of prohibited items at any time may incur confiscation of the goods, refusal of entry or a request to leave the Event.

Prohibited items may include animals, alcohol, illicit drugs, weapons and flammables. The Promoter may also deem certain items to be restricted in certain areas. Smoking is not permitted in any part of the Event unless in designated smoking areas. Illegal activity or possession of illegal goods may result in notification to authorities. Unauthorised and unapproved marketing material that is not part of an exhibition or approved by the Promoter may be confiscated. The Promoter may also deem other objects to be prohibited at its discretion and this list is non-exhaustive. 

Attendee Conduct

It is a requirement that Attendees refrain from inappropriate behaviour including, but not limited to bullying, harassment, disruptiveness, being intoxicated or substance affected, or any other behaviour deemed as inappropriate by the Promoter, including but not limited to antisocial behaviour, aggressiveness, and nuisance. Such behaviour may result in the Attendee being ejected at the Promoter’s discretion from all areas of the Event. Attendees found to be in attendance without correct ticketing authorisation or formal identification may also be ejected. Once ejected, Attendees may only re-enter the Event at the discretion of the Promoter. 

Photography & Filming

During the Event the Promoter, and/or their agents/contractors, appointees, delegates and official media outlets, may photograph or record Attendees on film or other media. By attending, you agree and consent to the capture of these images/recordings, and authorise them to be used, altered, broadcast or otherwise exploited by the Promoter (or those granted permission from the Promoter), without payment, royalty or further approval, in perpetuity. 

Attendees are not permitted to bring professional video or digital cameras to the Event without the Promoter’s accreditation. Attendees may not capture, record and broadcast photos, audio recordings and video recordings during the Event in a way that infringes the Intellectual Property rights of others. Attendees agree that any capture, record and broadcast photos, audio recordings and video recordings during the Event will be only done in good faith and for non-commercial purposes and that the material will not be likely to bring the reputation of any person or entity into disrepute or ridicule. The Promoter is not responsible for the broadcasting discretion of any Attendees and the use of any photographs or recordings by Attendees. Attendees agree to fully indemnify the Promoter from any action, claim or proceedings arising from the use by any party of images or recordings. 

COVID-19

Attendees agree to abide by all public health directives issued by the Promoter, including directives issued after ticket purchase and/or during the Event. Such directives may include (but are not limited to) use of designated walkways and/or zoned facilities, changes to seating layouts or allocations, the mandatory completion of pre-Event health questionnaires, a requirement for Attendees to be seated while consuming food and/or drink, a requirement for Attendees to be fully vaccinated, mandatory wearing of masks or face coverings, etc. Any and all such directives will be based upon the latest advice from Queensland’s Chief Medical Officer and any relevant legislation impacting mass gatherings at the time of the Event.

Ticket Holders who feel unwell in the lead-up to the Event, or who have been exposed to a confirmed or suspected COVID-19 case are not to attend. Such Ticket Holders will be entitled to a refund upon the supply of a medical certificate to hello@mbhrtickets.com.au.

In the event that the Promoter, in its reasonable opinion, believes the Event may pose any risk to public health, or the Queensland Government recommends to the Promoter that the Event be postponed or cancelled due to COVID-19 or other similar public health concerns, the Promoter may postpone or cancel the Event. If postponed, any tickets sold will remain valid for the postponed Event, with Ticket Holders entitled to a refund (upon making such request to hello@mbhrtickets.com.au) if the new dates are unsuitable. If the Event is cancelled without postponement, Ticket Holders will automatically receive a refund within 30 days of such announcement. 

The Promoter reserves the right to alter the program at any time in circumstances where one or more performers or participants are unable to participate in the Event for reasons relating to public health or the practical and/or regulatory impacts of same (including COVID-19 contraction, exposure, potential exposure, and/or inability or unwillingness to comply with regulatory requirements), or for any other reason at the Promoter’s sole discretion. 

Please also refer to the Mackay Beach Horse Races COVID-19 Vaccination Statement & Policy, which is to be considered a 2022 Addendum to these Mackay Beach Horse Races General Terms & Conditions. 

General Risk & Indemnity

The activities and events programmed for the Event are to be taken on an ‘as is’ basis. The Promoter makes no warranty or representation as to the absence of fault, nor any guarantee of delivering certain Event activities, nor the fitness of services delivered in conjunction with the Event, nor the accuracy of the information depicted in material published by the Promoter or any companies or persons associated with the Event. 

Event Attendees agree they bear any risk associated with the Event and agree to take personal responsibility for any activities associated with the Event, including travel to and from the Event and their safety at the Event. To the extent permitted by law, the Attendee agrees that the Promoters have no liability arising from any claims, damages, loss, liability, legal fees or demand resulting from attendance or failure to attend in accordance with, or in breach of, these terms; or from any claims, damages, loss, liability, legal fees or demand from any other party as a result of the Event or failure to attend the Event in accordance with, or in breach of, these terms. 

Attendees agree to indemnify the Promoter and hold them harmless from and against all liabilities, costs, expenses, or claims, wherever and however arising, known or unknown (including, without limitation claims for damages, loss, liability, legal fees or breach of any statute), as a result of the breach of any clause contained in or in any way related to these Terms and Conditions, or the Event, by the Attendee or any third party. 

The Event and/or Event Program is subject to change and may be altered without notice by the Promoter for any reason. The Promoter will not be responsible for any losses or claims associated with artist or personnel changes, except as required by the Australian Consumer Law. 

Privacy

Personal information collected from Attendees of the Event will be gathered, stored and shared in accordance with the Promoter’s Privacy Policy. Attendees are encouraged to read the Privacy Policy, and by attending the Event, Attendees are deemed to accept the Privacy Policy. Personal information may be used in cooperation with law enforcement agencies where required. Any personal contact details may be kept for the purpose of future marketing material and actions by the Promoter, and their related entities, sponsors and service providers. 

Miscellaneous

Any formal notice of dispute directed to the Promoter in relation to these Terms and Conditions may be emailed to hello@mbhrtickets.com.au. Please allow seven (7) days for acknowledgement of receipt. 

These Terms and Conditions shall be governed by the laws of Queensland and the parties agree to submit to the jurisdiction of the courts of that State.