Terms & Conditions

Gala Parté Tickets:

Patrons of the Movember Gala Parté (event) agree to the following terms and conditions of ticket purchase and entry:

1. The right of admission is reserved.

2. Patrons must be over 18 years of age to attend the event. A valid photo ID (a current Australian drivers licence, passport or proof of age card) is required.

3. Patrons attending the event do so at their own risk.

4. To the extent permitted by the law, Movember (including its directors, officers, employees, consultants, contractors, agents and volunteers) or the venue shall not be held liable for any damage, loss, liability or injury patrons may suffer in relation to their attendance at the event howsoever caused, including due to any negligence or other act or omission of Movember.

5. Patrons must obey all signs, notices and directions given by Movember or the venue.

6. Patrons agree to compensate for any damage, loss, liability or injury that Movember or the venue may suffer as a result of their wilful, reckless or negligent acts or omissions at the event.

7. Movember reserves the right to add, withdraw, reschedule or substitute any advertised or promoted entertainment and/or vary advertised programs, prices, venues and audience capacity.

8. Entry may be refused if tickets are damaged or defaced in any way or are not purchased from, or issued by, Movember or an authorised point of sale.

9. Alcohol, animals (except official guide dogs), glass, illegal substances or anything Movember considers dangerous or inappropriate are not permitted.

10. Patrons and/or their possessions may be inspected on entry by security staff.

11. Excessive drinkers, illegal drug users or patrons displaying antisocial behaviour will be evicted and may be dealt with by police.

12. Activities such as moshing, crowd surfing, climbing and stage diving are dangerous and may lead to eviction from the event. Movember accepts no liability for any injuries or damages caused by these activities.

13. All patrons consent to any official filming & sound recording.

14. Tickets are not refundable in any circumstances, except if the entire event is cancelled which is at Movember's sole discretion.

15. Lost or stolen tickets will not be replaced.

16. There will be no pass-outs.

17. Tickets may not be resold or offered for resale at a premium (including via on-line auction sites) or used for advertising, promotion or other commercial purposes (including competitions and trade promotions), either by the original purchaser or any subsequent bearer. If a ticket is sold or used in breach of this condition, the ticket may be cancelled and the bearer of the ticket may be refused admission.

18. The Movember Online Terms of Use and the Movember Privacy Policy are incorporated into these terms and conditions.

Merchandise Sales
Movember merchandise is sold subject to the terms listed below:

Pricing
Prices, products and offers include GST. All prices are correct at the time of online publication. Prices are subject to change without notice.

Product Availability
All items are promoted in good faith to be available at the time of ordering. Unforeseen supply problems or unexpected demand may occasionally result in stock being unavailable.

Australian Delivery
Australian orders are sent via Australia Post. All Australian orders should include a daytime delivery address and contact details. Movember takes no responsibility for delivery delays.

International Ordering
International orders are sent via Australia Post. All international orders should include a daytime delivery address and contact details. Movember takes no responsibility for delivery delays. Some international orders may require additional identification before being processed. The transmission of this information to Movember may affect estimated delivery times. Movember reserves the right to request additional identification prior to processing orders originating outside Australia.

Customs and International Duty
Some orders may be subject to local Custom's duties and/or local taxes in the country of destination. Please check with your local authority to ascertain applicable rates. Any additional charge must be borne by the recipient.

Returns, Refunds & Exchanges
Movember will refund, credit or exchange all returns on presentation of the original Movember Online sales docket and on confirmation that the goods are in the same condition as they were sent. Delivery and packaging charges are not refundable unless as a result of Movember's error. All returns are to be sent to:

Movember
PO Box 292
Prahran, VIC, Australia 3181
Ph: 1300 GROW MO, from overseas +61 3 9510 8555
Fax: 03 9510 8266, from overseas +61 3 9510 8266

Where the original payment was made by cheque or money order, please allow up to 21 business days for refunds to be processed.

Feedback and Complaints Handling Procedure
Movember welcomes feedback and attends to all complaints promptly. Please email, fax or write to us using the contact information presented below:

Movember
PO Box 292
Prahran, VIC, Australia 3181
Ph: 1300 GROW MO, from overseas +61 3 9510 8555
Fax: 03 9510 8266, from overseas +61 3 9510 8266
E-mail: info@movember.com

Access to this Website
Welcome to the Movember Website. In accessing and using this Website, you acknowledge that you have read, understood and agree to be bound by the following terms and conditions.

Your obligations
If you are not over the age of 18 years, you must obtain the consent of your parent or guardian before using this Website.

You must not
a) use any other persons name or details when accessing or using this Website, unless it is with the consent of Movember;

b) post or transmit any material which in any way defames, harasses or offends any person, is obscene or which in any way may interfere with any other users of this Website;

c) provide any information to Movember which is the confidential information or proprietary information of any other person;

d) use this Website in any way which may be in breach of any laws, rules or regulations or may infringe any third party rights; or

e) knowingly transmit any virus or take any action which may interfere with the operation of this Website.

Links
This Website may contain links to other Websites which are not under the control of, or which are not maintained by, Movember. The links to any such third party Websites are provided for your convenience and information only. If you access these Websites you do so at your own risk. Movember is not responsible for the content of those Websites and will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or your reliance on any such content.

Change of Information, Products and Services
Information, products, services and prices published on this Website are subject to change without notice.

Information provided to Movember
You may at your discretion provide information to Movember in order to receive information about Movember or products displayed on this Website, or to be involved in promotions or other activities undertaken by Movember through facilities available on this Website. If you do so, you agree that any such information becomes the property of Movember and may be used by Movember or others, reproduced, published, transmitted, displayed modified or distributed at Movember's discretion, subject to Movember's obligations under its Privacy Statement.

Copyright
All contents of this Website, including the software, design, text and graphics are owned by or licensed to Movember and are protected by copyright under the laws of Australia and other countries. Apart from fair dealing for the purpose of personal use, private study, research, criticism or review as permitted under copyright legislation, you may not reproduce, transmit, adapt, distribute, sell, modify or publish or otherwise use any of the material on this Website without the prior written consent of Movember.

Trademarks
This web site includes trademarks which are registered, are the subject of pending applications or which are otherwise protected by law. You may not use these trademarks with out the consent of Movember.

DISCLAIMER AND LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, MOVEMBER EXCLUDES ALL:

- WARRANTIES, CONDITIONS AND REPRESENTATIONS WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, RELATING IN ANY WAY TO THIS WEB SITE, YOUR USE OF THIS WEB SITE AND THE INFORMATION, PRODUCTS AND SERVICES SUPPLIED, OFFERED TO BE SUPPLIED OR ADVERTISED OR ACCESSED THROUGH THIS WEB SITE; AND

- LIABILITY (INCLUDING FOR NEGLIGENCE) TO YOU OR ANYONE ELSE IN RESPECT OF ANY LOSS OR DAMAGE (INCLUDING SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE), COSTS AND EXPENSES SUFFERED BY YOU OR CLAIMS MADE AGAINST YOU ARISING FROM OR IN CONNECTION WITH ANY USE OF THE INFORMATION, PRODUCTS OR SERVICES SUPPLIED, OFFERED TO BE SUPPLIED OR ADVERTISED OR ACCESSED THROUGH THIS WEB SITE FOR ANY REASON WHATSOEVER (INCLUDING NEGLIGENCE).

- IN THE EVENT THAT TERMS, CONDITIONS OR WARRANTIES ARE IMPLIED BY LAW AND CANNOT BE EXCLUDED, THEN THOSE TERMS CONDITIONS OR WARRANTIES ARE INCLUDED HOWEVER THE LIABILITY OF MOVEMBER IS LIMITED AT ITS OPTION TO ONE OR MORE OF THE FOLLOWING:


- THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS;

- THE PAYMENT OF THE COST OF REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS; OR

- THE REPAIR OF THE GOODS OR PAYMENT OF THE COST OF REPAIR OF GOODS.

Indemnity
You agree to indemnify Movember and its partners, agents, officers, employees and other authorised representatives against all claims, suits, demands, damages, liabilities, costs or expenses arising in any way out of or in any way connected to your use of this Website.

Termination
If in Movember's reasonable opinion you fail to comply with any of these terms and conditions of use of this Website, Movember may terminate or limit your access to this Website.

Governing Law
Any legal issues arising out of the use of this Website will be governed by the laws of Victoria, Australia and by using this web site you submit to the jurisdiction of the courts of that state.

Rewards Card Terms and Conditions
Participation
1. Only individuals resident in Australia or New Zealand may participate in the Reward Card program. The issue of a Reward Card is automatic upon the Mo Bro raising a minimum of A$50 or NZ$30 (as applicable).

2. To be eligible for a Reward Card individuals must be growing a moustache during the month of November 2007 so as to partake in the Movember Fundraising Event, and have registered on the Website as Mo Bros.

3. Any Mo Bro who does not wish to receive a Reward Card, accept the terms and conditions in relation to the use of the Reward Card, or the Major Prize draw, or accept a competition prize associated with the Reward Card must not use the Reward Card and promptly return the Reward Card to Movember.

4. Movember reserves the right to terminate the Reward Card promotion at any time.

5. Reward Cards are not credit or charge cards, are not redeemable for cash, are not transferable, and together with the Reward Card promotion, remain the property of Movember.

6. Reward Cards may only be used at the participating outlets specified on the Website and must be presented by the cardholder at the point of sale in conjunction with the cardholder's moustache in order to qualify for any discount, offer or reward.

7. Any tax, liability or duty arising from a cardholder's participation in the Reward Card program is the responsibility of the cardholder.

8. The Reward Card is valid only for the period of Movember 2007 (1 November 2007 to 30 November 2007 inclusive).

9. Reward Cards cannot be replaced if lost or stolen.

Major Prize
10. The issue of a Reward Card automatically qualifies the cardholder for entry into the Major Prize draw. Residents of South Australia automatically go into the Major Prize Draw when they register to participate in Movember. Employees of Movember are not eligible to enter the Major Prize draw or receive a Major Prize.

11. One Major Prize may be won by Mo Bros resident in Australia, the other by Mo Bros resident in New Zealand and is not transferable for cash.

12. The competition start date for the Major Prize is 18 October 2007 and the competition ends on 30 November 2007.

13. In Australia, the winner of the Major Prize will be selected on 1 December 2007 at 5.00pm and announced on 7 December 2007. The winner will be contacted by telephone and e-mail.

14. In New Zealand, the winner of the Major Prize will be selected on 3 December 2007 at 06.00am and the winner's name will be broadcast by radio at 07.30am on 3 December 2007. The winner will be contacted by telephone and e-mail.

General
15. Movember reserves the right to make any changes at any time without prior notice and at Movember's absolute discretion, to these terms and conditions, and the range of participating retailers. Movember shall not be liable in any way for failure to notify a cardholder of such changes.

16. Movember reserves the right to suspend or terminate the Reward Card program at any time without prior notice. Movember will not be liable for the suspension or termination of the Reward Card program on any account whatsoever.

17. All conditions and warranties, whether express or implied and whether arising under statute or otherwise, as to the condition, suitability, quality, fitness or safety of any goods or services supplied or acquired under the Reward Card program are expressly excluded to the full extent permitted by law.

18. Participating retailers do not have any authority, express or implied, to make any representation, warranty or statement on behalf of Movember and Movember accepts no liability in respect of such representations, warranties or statements.

19. A notice shall be deemed to be given by Movember to a cardholder if it is sent to the postal or email address of the cardholder appearing in Movember database.

Privacy
20. The privacy and information policy relating to the Reward Card program is governed by the general Movember terms and conditions which can be found on the Website.

Jurisdiction
21. These terms and conditions will be constructed according to and are governed by the laws of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts in and of New South Wales in relation to any dispute arising under these terms and conditions.

Defined Terms
(a) 'Major Prize' means one of two Holden utility vehicles valued at A$50,000 each. One Major Prize will be drawn and awarded in Australia and one Major Prize will be drawn and awarded in New Zealand.

(b) 'Movember Fundraising Event' means the event held during November each year organised by Movember where participants grow moustaches to raise money for prostate cancer research and male depression and increase public awareness about male health issues generally.

(c) 'Mo Bro' means those persons who register to be participants in the Movember Fundraising Event.

(d) 'Movember' means Movember Group Pty Limited or, where the context requires, the Movember concept generally.

(e) 'Reward Card' means the card titled 'The Citizen of the Republic of Movember Card'.

(f) 'Website' means the Movember website at www.movember.com.

Commonwealth Bank of Australia
Commonwealth Bank Movember Cricket Promotion
Conditions of Entry
1.Information on how to enter and prize details set out in all communications regarding the Commonwealth Bank of Australia Movember Cricket Promotion (the “Promotion”) form part of these Conditions of Entry. Any entry not complying with these Conditions of Entry is invalid. Entry into this Promotion and the acceptance or receipt of a prize by a winner is deemed as acceptance of these Conditions of Entry.
2.The Promoter is Commonwealth Bank of Australia ABN 48 123 123 124 of Level 3, 48 Martin Place, Sydney, NSW 2000, telephone (02) 9378 2478 (the "Promoter").
3.This Promotion commences at 00.01 (Sydney time) on 31 October 2007 and closes at 11.59 (Sydney time) on 30 November 2007 (the "Promotion Period").
4.Entry into the Promotion is open to individuals who satisfy the following eligibility requirements (Eligibility Requirements):
4.1the person must be over the age of 18 years and a resident of Australia; and
4.2the person has not already entered the Promotion.

5.To enter, you must satisfy the Eligibility Requirements and during the Promotion Period conduct fundraising activities for the Movember campaign. Mo Bros will automatically be entered into the competition when they register as a team via www.movember.com. Please refer to www.movember.com
6.for more details about the Movember campaign.
7.Chance plays no part in winning this Promotion. The prize will be awarded to the registered team which raises the most amount of money during the Promotion Period. Fundraising efforts will be verified by the Promoter through the official Movember campaign entry data.
8.The captain of the winning team will be notified by telephone and/or email on Friday 14th December 2007. By acceptance of the prize, each member of the winning team agrees to his or her name and address suburb being published in the Public Notices section of The Australian on 16th January 2008.
9.The winning team will win:
10 tickets to attend a Commonwealth Bank cricket match in their State. The cricket matches will be held on:
15 February 2008 at the WACA in Perth, Western Australia;
17 February 2008 at the Adelaide Oval in Adelaide, South Australia;
22 February 2008 at the MCG in Melbourne, Victoria;
24 February 2008 at the SCG in Sydney, New South Wales;
26 February 2008 at the Bellerive Oval in Hobart, Tasmania; and
4 March 2008 at the Gabba in Brisbane, Queensland.
If the winning team is from a Territory where no cricket match is being held, then they can choose to attend one of the above matches. If the winning team can not attend any of the above matches, they forfeit that component of the prize and the Promoter is not obliged to substitute anything for that component.
An afternoon game of cricket in the backyard of one of the winning team members and a barbeque for a maximum of 20 people with one of Australia’s cricketing legends, Mike Hussey. The date for this component of the prize will be determined between the Promoter and the captain of the winning team.
10.By accepting the prize, the winners agree that any other incidental costs associated with accepting or using the prize, unless otherwise stated, including but not limited to any costs associated with transport to and from the venue, accommodation, flights, meals, beverages, spending money and all other ancillary costs will be the sole responsibility of the members of the winning team.
11.The total prize value is AUD5000 based on the recommended retail value as provided by the supplier and is correct at time of printing. The Promoter accepts no responsibility for any variation in prize value.
12.In entering the Promotion, the entrant agrees to comply with and will ensure that each subsequent holder of the ticket complies with, the conditions which attach to the general admission tickets and with Cricket Australia’s Conditions of Entry into the Venue 2007/2008 (“Conditions of Entry”). The Promoter will provide every winner of the competition with a copy of the Conditions of Entry when delivering their prize.
13.Prizes are not transferable or exchangeable and cannot be taken as cash. Winners accept the prize ‘as is’ and acknowledge that the Promoter accepts no responsibility for any variation in the value of the prize or any tax implications that may arise from the prize. Winners should seek advice from the Australian Tax Office or their own taxation advisor or independent financial advisor.
14.The Promoter's decision is final and no correspondence will be entered into. The Promoter will arrange for delivery of the prizes within Australia, after the selection of the winning entries, by mutual agreement with the captain of the wining team.
15.Cricket Australia reserves the right to change or amend the Commonwealth Bank Series matches without notice. Neither the Promoter nor Cricket Australia accept any responsibility for the cancellation or delay of the Commonwealth Bank Series cricket matches for any reason beyond the control of the Promoter or Cricket Australia.
16.The Promoter accepts no responsibility for late, lost or misdirected entries. Incomplete, ineligible or incomprehensible entries will be deemed invalid. The Promoter reserves the right to verify the validity of entries and to disqualify any entry that is not in accordance with these Conditions of Entry.
17.The Promoter will use its best endeavours to provide the prizes listed. If the prizes are unavailable for whatever reason, the Promoter reserves the right to substitute for that prize or item, a prize or item of an equivalent value subject to any written directions given under applicable trade promotion laws and regulations.
18.If the registered captain of the winning team cannot be contacted within five (5) days of 14 December 2007 or fails to claim the prize(s) by 14 December 2007, the winning team will forfeit the prize and the Promoter will award the prize to the next highest fundraising team and that team will be awarded the unclaimed prize. If the original winner of the prize in the Competition Location of Adelaide cannot be contacted, their claim will be subject to clause 37 of the Lottery and Gaming Regulation 1993 (SA) and the Promoter will provide a prize of equivalent value. By acceptance of the prize, each Winner agrees to his or her name and address suburb being published in The Australian on 12th March 2008.
19.In the event that for any reason whatsoever any winner does not take an element of the prize at the time agreed by the Promoter then that element of the prize will be forfeited by that winner and cash will not be awarded in lieu of that element of the prize.
20.If for any reason this Promotion is not capable of running as planned (including but not limited to) infection by computer virus, bugs, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter which corrupt or affect the administration security, fairness, integrity or proper conduct of this Promotion, the Promoter may take any action that may be available including cancelling, terminating, modifying or suspending the Promotion. The Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process.
21.The Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, technical problems or traffic congestion on the Internet or at any web site, or any combination thereof, (including but not limited to) any injury or damage to participants or any other person’s computer related to or resulting from participation in or down-loading any materials in this Promotion.
22.To the extent permitted by law the Promoter and its related entitles and its and their respective directors, officers, employees and agents, will not be liable for any loss or damage whatsoever which is suffered or sustained (including, but not limited to indirect or consequential, financial or other loss) or personal injury or death suffered or sustained, in connection with your use of the prize by any winner or any person accompanying the winner.

23.All entries become the sole property of the Promoter. The Promoter collects your personal information so that it may process your entry, administer this Promotion and contact you regarding information on products or services that may be of benefit or interest to you. If you provide the Promoter with incomplete or inaccurate information or do not satisfy the Eligibility Requirements, your entry will be void. The Promoter may communicate personal information to external providers and organisations to which it may outsource certain functions. You may access and correct your information by contacting the Privacy Officer, Customer Relations, Commonwealth Bank Group, reply paid 41, NSW 2001, by calling the Promoter on 13 22 21 or by visiting any branch of the Promoter. Please refer to the Privacy Statement available at www.commbank.com.au or on request from any Commonwealth Bank branch.

24.These Conditions of Entry shall be governed by the laws of New South Wales and each entrant agrees to submit to the non-exclusive jurisdiction of the NSW Courts