RED BULL IGNITE7
ATHLETE TERMS AND CONDITIONS
These Terms and Conditions contain important information about your rights, privacy, and personal information.
Please read these Terms and Conditions carefully.
If you wish to apply to be considered for Red Bull Ignite7, you must signify your acceptance of the Terms and Conditions below by checking the box where indicated.
I, the applicant named in the Registration Form, agree with New Zealand Rugby Union Incorporated (“NZR”) that in consideration for NZR’s labour and expense in making arrangements relating to my application for Red Bull Ignite7 and the opportunity provided to me to potentially participate in the Red Bull Ignite7 rugby training camp and tournament (“IGNITE7), I hereby agree to participate in IGNITE7 and have my participation filmed and recorded on the terms and conditions below:
- If selected as a participant in IGNITE7, I will execute any and all waivers and release agreements and abide by all terms and conditions required by NZR and any of their licensees, successors or assigns.
- I will be available to assemble in Auckland for IGNITE7 from Wednesday 20 November 2019 to Sunday 24 November 2019 (inclusive). Travel within New Zealand to and from IGNITE7 and accommodation/meals for the assembly period in Auckland will be arranged and paid for by NZR.
- I confirm that I am eligible to play rugby union in New Zealand and if I have played rugby outside New Zealand I have, or will before IGNITE7, obtain an international player clearance in accordance with World Rugby requirements.
- I am willing to submit medical information to NZR and to submit to a medical examination, psychological examination and background check including criminal record if requested by NZR. I understand that NZR may require me to undertake and pass to NZR’s satisfaction such checks at any time, including as a prerequisite to me taking part in certain challenges or continuing as a participant in IGNITE7.
- I agree to observe and abide by in every respect, provisions of NZR regulations relating to the game of rugby union, any rule, policy, guideline, direction or decision of NZR, of the Tournament officials or of any officer or body appointed or established by NZR pursuant to the disciplinary procedures and anti-doping program applicable to IGNITE7 or otherwise in accordance with this document and, save where the contrary is expressly stated, any such rules, policies, guidelines, directions or decisions may apply to me for the duration of the 2019/2020 rugby season (1 September 2019 to 31 August 2020). Without limitation, I will register with NZR as a player on request.
- I consent and agree to comply with and be bound by all the provisions of the NZR’s anti-doping regulations (incorporating the New Zealand Sports Anti-Doping Rules):
- I agree to participate in any anti-doping education sessions conducted by NZR at IGNITE7;
- I acknowledge and agree that NZR has jurisdiction to impose sanctions as provided for in its anti-doping regulations. I also acknowledge and agree that any dispute arising out of a decision made pursuant to NZR anti-doping regulations, after exhaustion of the process expressly provided for in such regulations, may be appealed exclusively as provided in NZR’s anti-doping regulations;
- I agree that I will submit a therapeutic use exemption form if I am required to do so under the NZR anti-doping regulations or otherwise; and
- I agree that my personal anti-doping data relating to the doping control process (including test distribution planning, sample collection and handling, laboratory analysis, result management, hearings and appeals) can be processed (for example transmitted, disclosed, used and stored) by and amongst NZR, World Rugby, Unions, the World Anti-Doping Agency (WADA), National Anti-Doping Agencies and/or other Anti-Doping Organisations.
- I agree that my participation in IGNITE7 may include a requirement to participate in promotional activities for sponsors and other commercial partners organised during IGNITE7. Without limitation, those sponsors and commercial partners will be entitled to use any recording of those commercial promotions for their business purposes, with NZR’s approval, without further recourse or payment of any fee, to me.
- I have read and I meet and agree to be bound by the IGNITE7 Athlete Terms and Conditions;
- I will abide by the rules, regulations, terms and conditions (the “Rules”) of IGNITE7 and any interview, assessment process, event, activity, promotion or publicity relating thereto as devised from time to time by NZR and will accept the decision of NZR as final, and I hereby acknowledge that the interests of IGNITE7 shall override those of any participant;
- I have completed this application and will complete all forms associated with IGNITE7 honestly and accurately and I agree that the answers and information I will supply in such forms and otherwise to NZR will be in no way misleading;
- I furthermore acknowledge that NZR reserves the right exercisable at any time at its sole discretion to disqualify me from the contest or assessment process should I at any stage supply untruthful, inaccurate or misleading personal details or information, break the Rules, or otherwise be in breach of these terms and conditions. I understand that if any of the information submitted by me to NZR is found to be false or incomplete, this will be grounds for dismissal or disqualification from IGNITE7;
- NZR has no obligation to interview me, and/or select me as a participant for IGNITE7;
- Even if I am selected as a participant, NZR has no obligation to record my involvement in IGNITE7;
- All decisions by NZR concerning selection of the participants is final and not subject to challenge or appeal;
- NZR has no obligation to return any materials submitted by me to NZR, whether or not I am selected as a participant;
- I have not and will not enter into any commercial or other sponsorship agreement or arrangement with any person, firm or company in respect of my appearance in IGNITE7. I agree not to wear in relation to IGNITE7 any item of clothing or kit bearing any name, logo or design of any commercial entity, or to have tattooed, branded, shaved, cut, pierced, applied or fixed to, into or onto my body (including but not limited to, onto or into my hair and/or nails or onto my spectacles or contact lenses) or otherwise use any name, logo or design of any commercial or other entity, save as approved by NZR;
- I consent to the recording, use and reuse by NZR, the appointed broadcaster, and any of their respective licensees, successors, assignees, parents, subsidiaries, or affiliated entities, and each of their respective employees, agents, representatives, officers and directors (collectively “Released Parties”) of my voice, actions, likeness, name, appearance, biographical material, and any information contained in, derived from or obtained in connection with my application to be a participant in, or my participation in, Red Bull Ignite7 (including information relating to my sporting performance) or in any materials submitted by me or a third party in connection with my application (which includes, without limitation, any personal information as defined in the Privacy Act 1993 or otherwise (“Personal Information”)), (collectively “Likeness”) as edited, altered, or modified by NZR or by any of the other Released Parties, in any and all media now known or hereafter devised, everywhere in perpetuity, in or in connection with Red Bull Ignite7;
- I acknowledge that NZR, in conjunction with its appointed Broadcaster, may develop and produce a behind-the-scenes documentary focusing on IGNITE7 and agree that I may be interviewed, photographed, filmed, and recorded in the course of my participation, and that my name, voice, persona, signature, portrayal, characteristics, actions, biographical information and/or likeness may be used in connection with the documentary, without further recourse to me. I acknowledge however that NZR does not guarantee that I will appear in the documentary;
- I further agree that NZR exclusively owns all right, title, and interest (including, without limitation, all copyrights) in and to any and all recordings made by, or information collected by, the Released Parties, and any materials that I have provided or may provide in connection with IGNITE7 (collectively the “Materials”), including, without limitation, the right to edit, alter or modify the Materials and to use all or part of the Materials and my Likeness in any and all media now known or hereafter devised everywhere, in perpetuity;
- Without limiting the foregoing, I hereby assign irrevocably to NZR (including present assignment of future copyright) the entire copyright and all other rights of whatsoever nature in my assessments for and contributions to IGNITE7, the Likeness and the Materials such that NZR shall be entitled to use and exploit and license others to use and exploit my contributions to IGNITE7, the Likeness and the Materials by all means and in all media and formats whether now known or hereafter invented everywhere for the full period of copyright including any extensions and renewals thereto and thereafter insofar as is possible in perpetuity. Furthermore, I grant irrevocably all consents and waivers (to the extent permissible at law) necessary to enable NZR (and persons authorised by NZR) to make fullest use of IGNITE7, my contributions to IGNITE7, the Likeness and the Materials without restriction;
- Without limiting the foregoing, I acknowledge that I recognise the needs of television and digital production, promotion and distribution and hereby irrevocably consent to the Released Parties (and persons authorised by the Released Parties) editing, producing, amending and adapting the results and proceeds of my contributions to IGNITE7, the Likeness and the Materials (the “Works”) or any other act or omission in relation to the Works as the Released Parties deem fit in their absolute discretion and whether or not such act or omission constitute an infringement of my moral rights as that term is understood pursuant to any provision of law prevailing now or in the future in any part of the world (“Moral Rights”). I acknowledge and agree that the Released Parties (and persons authorised by the Released Parties) will not be liable to me and that I will have no claim against the Released Parties or any other person for any act or omission of the Released Parties (and persons authorised by the Released Parties) resulting in any prejudicial or derogatory portrayal or representation of me and/or the Works or any other act or omission which might otherwise constitute an infringement of my Moral Rights. In all other respects, I irrevocably waive to the extent permissible by law and agree never to assert any Moral Rights arising out of or in connection with the Works against the Released Parties or any other person everywhere in perpetuity. I will not institute any action on the ground that any changes, deletions, additions or other use of the Works violates my Moral Rights;
- Without limiting the foregoing, I agree that the Released Parties shall be entitled to:
- alter, adapt or make additions to or deletions from IGNITE7 (and my Likeness thereon) at their discretion;
- make and exploit and to authorise the making and exploitation of any recording or fixation of my Likeness separately from or in conjunction with IGNITE7 everywhere in perpetuity in all media whether now known or hereafter invented;
- dub my voice in any language; and
- use my Likeness, the Materials, photographs of me and recordings of interviews with me separately from or in conjunction with IGNITE7 in all media and formats everywhere including but not by way of limitation in advertising, publicity, promotions, marketing and exploitation material.
- I agree that I will not be paid any money for giving the Released Parties the rights referred to in these terms and conditions or for accepting these terms and conditions. However, I acknowledge and agree that NZR’s labour and expense in making arrangements relating to my application for IGNITE7 and the opportunity provided to me to potentially appear in or in association with IGNITE7, (the “Benefits”) include sufficient and adequate consideration for the use and exploitation of my contributions to IGNITE7, the Likeness and the Materials by any means and media, everywhere and I waive any right and/or entitlement to any equitable relief, remuneration or other payment howsoever arising in connection with such use or exploitation. I further acknowledge and agree that the Benefits also include full and final consideration for my attendance at any and all activities as required by NZR in connection with IGNITE7. I also acknowledge that no repeat fees will be payable to me in respect of any subsequent rebroadcast or retransmission or any other use by NZR (or any assignees or licensees) of IGNITE7 or any part thereof;
- I release the Released Parties (jointly and severally) from any and all liability arising out of the recording or use of my Likeness and/or the Materials and I agree not to make any claim against the Released Parties as a result of the recording or use of my Likeness and/or the Materials (including, without limitation, any claim that such defames me or invades any right of privacy and/or publicity);
- The Released Parties (jointly and severally) shall not be liable to me or my legal representative for any loss or damage or injury to me or my property caused by or suffered during or in connection with my taking part in IGNITE7 unless (subject to xvii above) caused by the negligence of a Released Party and recoverable on that ground from that Released Party following judgment of a competent court of final judgment;
- I agree not to disclose to any third party (other than my professional advisors) any information relating to IGNITE7 or the affairs of NZR (or any assigned company) or the appointed broadcaster, which may come to my knowledge during or in connection with my participation in IGNITE7;
- I agree that I will, on request from NZR, provide social media content for NZR’s (or NZR’s partners’ ) social media channels, or post social media content on my own social media channels, relating to my participation in IGNITE7, during or in the leadup to IGNITE7. For the avoidance of doubt all such content must be approved by NZR in advance;
- I agree that I will not publicise or discuss with any third party without prior written consent from NZR any information relating to IGNITE7, my appearance in IGNITE7, any of the production team or any participants in IGNITE7 nor any other information which may come to my attention relating to the appointed broadcaster or NZR or otherwise connected to IGNITE7 (including in particular but without limitation any information in connection with script, formats, story lines, results, financing arrangements or technical processes involved in IGNITE7) save for such information which is already public knowledge. This obligation of confidentiality includes the non-disclosure to any person whatsoever (and particularly but without limitation journalists or other media) of details of IGNITE7 and my participation in IGNITE7. This obligation of confidentiality will survive termination of any agreement between me and NZR and continue for an indefinite period, terminable only at the discretion of NZR. Should I be contacted by a member of the press at any time I agree to refer them to NZR or such person as NZR may nominate;
- I agree that I grant the rights hereunder whether or not I am selected to participate in IGNITE7 in any manner whatsoever;
- I will at the request of NZR, do everything necessary, including execute any documents, to give effect to these terms and conditions and the transactions contemplated by it and cause third parties to do the same; and
- I agree that NZR may assign my services and all other rights in my contribution to IGNITE7, the Likeness and the Materials to any subsidiary or associated company or successor in title and to any other third party.
9. Information and Privacy
NZR deals with the collection, security, quality, use and disclosure of Personal Information in accordance with the Privacy Act 1993 (“the Act”) and these terms and conditions, including this clause 9:
- I hereby authorise NZR and any person designated by NZR to investigate, access and collect information about me, about any of the statements made by me in my application, any supporting documents and any other documents that I have signed or provided or do sign or provide in connection with my application to be selected as a participant in IGNITE7, or any other written or oral statements I make in connection with my application (and whether by on-line submission or disclosure, or otherwise). I irrevocably authorise NZR and any person or entity designated by NZR to secure information from my associates, friends, family members, educational institutions, rugby organisations and any references I have provided, and I irrevocably authorise such parties to provide information concerning me providing such provision of information complies with all relevant laws. I agree to provide NZR, and sign a written authority if required, with any specific authority to obtain information about me from government agencies, medical providers, employers and other organisations or providers relevant to my application for IGNITE7. I hereby unconditionally and irrevocably release and forever discharge NZR, the persons or entities designated by NZR, and all such parties and persons from any and all liabilities arising out of or in connection with any such investigation. I specifically authorise investigation of my medical records, government records and criminal records unless prohibited by law. I acknowledge and agree that any such information obtained by NZR or by any person or entity designated by NZR pursuant to this paragraph or otherwise may be used for purposes of selecting participants in IGNITE7 or internal administrative purposes.
- I hereby authorise an appropriately qualified person or entity as designated by NZR to conduct psychological and physical examination of me as required by NZR. I further authorise the individuals conducting such examinations of me to disclose to NZR and their representatives all information about me obtained in connection with such examinations, and authorise NZR to utilise such information in selecting participants for IGNITE7.
- Without limiting the foregoing, I authorise and consent to the use of Personal Information (as defined in the Privacy Act 1993) given to NZR or collected by NZR under the IGNITE7 Athlete Terms and Conditions in determining my suitability for IGNITE7 and to the use of such information in researching and producing the content of IGNITE7 (including but not limited to content related to my background and participation in IGNITE7) and to the communication of such information to third parties, including but not limited to the general public through television broadcasts of IGNITE7 and otherwise and I agree that there will be no restrictions on the use of Personal Information relating to me that is contained in the recording of IGNITE7. Information provided by me to NZR may also be disclosed to:
- NZR’s stakeholders including Provincial Unions and RugbySmart;
- NZR’s appointed broadcaster or other supplier;
- Any IGNITE7 commercial partner who may only use the personal information with NZR’s consent;
- Television networks in New Zealand and overseas and their related bodies corporate;
- An audience when IGNITE7 is broadcast or otherwise exhibited.
Jurisdiction and Enforceability
- If any clause or part of these terms and conditions shall for any reason be properly adjudged by any court or other legal and/or competent authority to be invalid, illegal or unenforceable in any respect, the legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired.
- I agree and acknowledge that my sole remedy for any breach of these terms and conditions is an action at law for damages (if any), and that I do not have the right to rescind these terms and conditions or to revoke any of the rights granted under these terms and conditions or to seek or obtain injunctive or other equitable relief restricting or delaying the production, exhibition or exploitation of IGNITE7. I agree that this provision is fundamental to these terms and conditions.
- The Courts of New Zealand shall have sole jurisdiction in relation to these terms and conditions, which shall be interpreted according to the laws of New Zealand.