Media Balk At Rugby World Cup Conditions

Tuesday, 18 January 2011, 5:08 pm
Article: The Scoop Team

The following are the current terms and conditions for media accreditation to the Rugby World Cup, which has now opened.

Scoop understands that Fairfax, APN and NZPA will not accept the current conditions, and media bodies are involved in ongoing attempts to renegotiate them. Other media have been asked to consider holding off applications.

The issues under contention (see Section 6: Conditions of Accreditation) include

• the right of Rugby World Cup Ltd to use any photographs taken for free
• a planned 5 minute embargo on updating media websites (the conditions forbid "live or “as live” online/website match tracking")
• the level of responsibility placed on media regarding use of material by third parties.

The terms and conditions were also subject to media attack (and were modified) in 2007. See Journalists Condemn Rugby World Cup Press Controls, IRB trying to restrict media coverage of World Cup, Boycott Rugby's "Foul Contracts" Say Journalists, Fairfax Media CEO On Rugby World Cup Issues and the IRB's response RWC 2007 hits back at misinformation campaign.

Official RWC 2011 Site - Media Centre

Original PDF: 2041336_PDF.pdf

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RUGBY WORLD CUP 2011

MEDIA ACCREDITATION TERMS AND CONDITIONS

1. Introduction

These Media Accreditation Terms and Conditions are applicable to Rugby World Cup 2011 (“RWC 2011”) and are designed to ensure a fair and efficient functioning of the media accreditation process for the Tournament. The Media Accreditation Terms and Conditions, which are issued by Rugby World Cup Limited (“RWCL”), apply from the time a member of the media is issued with his/her Accreditation.

All Accreditations are issued subject to these Media Accreditation Terms and Conditions and will be applied in conjunction with the official Tournament Media Rules issued by RWCL. These Media Accreditation Terms and Conditions shall only apply to media representatives who have received Accreditation. The Accreditation process is managed by Rugby New Zealand 2011 Limited (“RNZ 2011”), as the RWC 2011 tournament organiser, on behalf of RWCL.

2. Definitions

“Accreditation” An individual and non-transferable right of access to one or more areas at a Venue for a specified period, solely for the purpose of carrying out the role to be performed by the Accredited Party as specified in the Application.

“Accreditation Device” The official proof of Accreditation provided to an Accredited Party by and/or on behalf of RWCL which grants to the Accredited Party access to the designated areas at a Venue and/or Venue(s) for a specified period in accordance with these Media Accreditation Terms and Conditions.

“Accredited Party” An Applicant who is granted Accreditation in accordance with these Media Accreditation Terms and Conditions.

“Applicant” Any person applying for Accreditation in accordance with these Media Accreditation Terms and Conditions.

“Application” An individual Application made through the application process put in place by RNZ 2011.

“Group Application” Multiple separate Applications on behalf of all of the intended Applicants of a media organisation through a nominated duly authorised senior representative of that organisation.

“Media Ticket” A Tournament match ticket of entry for media, permitting access to the Venue for the designated match strictly subject to the Media Ticket Terms and Conditions and Venue Regulations.

“Media Ticket Terms and

Conditions” The terms and conditions of tickets issued to a Tournament match to members of the accredited media as applicable from time to time and as set out in Appendix 1 and incorporated as part of these Media Accreditation Terms and Conditions.

“News Access Regulations” The policies and regulations (as may be published and/or amended by RWCL in its sole discretion from time to time) for the Tournament governing NRH media organisations.

“NRH” A non rights holding media organisation who is not an official media licensee of RWCL for the Tournament.

“Prohibited Item(s)” means any prohibited items listed in full at www.rugbyworldcup.com/mediaoperations and includes (without limitation) those items specified in sub-paragraph 10(a) of the Media Ticket Terms and Conditions.

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“RHB” A rights holding broadcaster who is an official media licensee of RWCL for the Tournament.

“RNZ 2011” Rugby New Zealand 2011 Limited of PSIS House, Corner of Featherston and Ballance Streets, Wellington, New Zealand.

“RWCL” Rugby World Cup Limited of Huguenot House, 35-38 St Stephen’s Green, Dublin 2, Ireland.

“Tournament” The Rugby World Cup 2011 tournament scheduled to be held in New Zealand from Friday 9 September to Sunday 23 October 2011.

“Tournament Accreditation

Manager” The person appointed by RNZ 2011 to manage the Accreditation process.

“Tournament Media Rules” The media rules (as may be published and/or amended by RWCL in its sole discretion from time to time) applicable to the participating unions/team members in the Tournament.

“Venue” An area under the control of RNZ 2011 and/or RWCL for the Tournament which requires Accreditation(s) to gain access including, without limitation, the stadium at which Tournament matches are taking place.

“Venue Regulations” The terms and conditions of entry to each Venue as applicable from time to time as set out at www.rugbyworldcup.com/mediaoperations.

3. Accreditation Application

3.1 Accreditation applications can be submitted either by an individual media representative or a nominated senior representative of a media organisation who shall submit a Group Application on behalf of all that particular organisation’s intended Applicants. It should be noted that the nominated senior representative must have the authority to bind the media organisation and its Applicants when submitting the Group Application. All applications must contain the name of the requisite person in the media organisation who has the authority to nominate an Applicant.

Accreditations, once approved, are provided for an individual Applicant only and are strictly non-transferable.

3.2 Application for Accreditation must be made via RNZ 2011’s online accreditation system unless otherwise agreed by RWCL. Applications should be fully completed and submitted to RNZ 2011 by the deadline notified by RNZ 2011.

Application forms that are incomplete, unclear or late will be rejected.

3.3 Neither RNZ 2011 nor RWCL shall be liable for incorrect entry of information by an Applicant, technical malfunctions of the internet or failure of computer hardware or software and/or any administrative errors of any nature.

3.4 Applicants must request Accreditation strictly in accordance with the roles to be performed by them during the Tournament. Applicants must also provide the number of a valid identity document (either a passport or New Zealand driving licence) which must be valid for at least three months after the date on which the Applicant intends to leave New Zealand.

3.5 By completing the online Application process, Applicants will be required to accept and agree that: (a) They have read these Media Accreditation Terms and Conditions, accept and agree to be bound by them and shall comply with them in full; or (b) They have provided these Media Accreditation Terms and Conditions to all persons for whom they are submitting Accreditation Applications and will ensure that they shall only submit requests for Accreditation for persons who have read and accepted and agreed to be bound by these Media Accreditation Terms and Conditions and shall comply with them in full and, further, that such persons have consented to the provisions of section 3.7 below.

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3.6 All Applications for Accreditation shall be managed and processed by RNZ 2011 on behalf of RWCL. The approval of Accreditation Applications is the sole responsibility of RWCL.

3.7 All Applicants hereby acknowledge and accept that their details (including personal details) may be stored and processed in electronic form (including, but not limited to, as part of a database) by RNZ 2011 and RWCL and that such details may be shared with and/or provided to non-commercial third parties for the purposes of the implementation of Accreditation arrangements and the Media Accreditation Terms and Conditions, which may also involve the transfer of such details across international borders to effect such purposes. Such details/data may also be used for the purposes of updating the RWCL media contacts database and Applicants hereby agree that their personal data/details may be processed, used, stored and transferred for such purposes. The Applicants are informed that they have a right of access, a right of rectification regarding their personal details. Applicants may exercise these rights by contacting RNZ 2011 or RWCL. Other than for the purpose of maintaining a media contacts database, all unnecessary personal data will be deleted within a suitable period following the conclusion of the Tournament.

4. Approval Process for Accreditation

4.1 RWCL will determine the appropriate Accreditation for the Applicant (if any). RWCL reserves the right to turn down any Application in its sole discretion and without providing any reason for doing so. All decisions of RWCL are final.

4.2 RNZ 2011 will endeavour to notify all Applicants about the status of Accreditation application(s) by email.

4.3 RWCL reserves the right to amend or change an Accreditation and will notify the Applicant accordingly. The Applicant agrees and accepts to be bound by such amendments and/or limitations immediately upon receipt of such notification.

4.4 If an Applicant is successful s/he will be provided with an Accreditation Device which must be clearly displayed at all times inside accredited areas at the Tournament Venue and when attending all official Accreditation controlled Tournament media events. An Accreditation Device is personal and strictly non-transferable.

4.5 The Accreditation Device does not permit automatic access to Tournament Venues. A Media Ticket will also be required as a supplementary Accreditation Device. Media ticketing is an integral part of the media accreditation process and as part of the application process Applicants will be requested to select the Tournament matches they wish to attend. Only accredited media/broadcasters will be permitted to apply for Media Tickets for the Tournament and hereby agree to be bound by and fully comply with the Media Ticket Terms and Conditions.

4.6 The Accreditation Device can be collected at a nominated accreditation centre upon presentation of suitable identification (being a letter of invitation plus a corroborating passport or New Zealand driving licence only). Upon collection of an Accreditation Device, the Accredited Party must sign a separate form to confirm receipt of an Accreditation Device and this will also serve to confirm acceptance of these Media Accreditation Terms and Conditions and the Media Ticket Terms and Conditions.

4.7 RWCL reserves the right to unilaterally revoke the Accreditation of any Accredited Party at any time if it appears that: (ii) Any unauthorised changes have been made to an Accreditation Device and/or it has been copied or counterfeited;

(ii) An Accreditation Device was not obtained directly via the official accreditation channel or was obtained through duplicity;

(iii) The Accredited Party is not undertaking the specified role as set out in the Application;

(iv) The Accredited Party does not comply with these Media Accreditation Terms and Conditions and/or the Tournament Media Ticket Terms and Conditions incorporated herein; and/or (v) The Accredited Party is in breach of the applicable News Access Regulations.

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Any breaches of these Media Accreditation Terms and Conditions shall be subject to the process set out in section 7.

If and/or when Accreditation is revoked the Accredited Party shall immediately hand back the Accreditation Device to RNZ 2011. The formerly Accredited Party shall no longer be eligible to apply for or collect Tournament Media Tickets to gain entry to the Venues.

4.8 In the event that an Accreditation Device is lost or stolen, the RWCL shall in its sole discretion decide whether a new Accreditation Device will and/or is to be issued and RNZ 2011/RWCL reserves the right to charge a $50 fee for replacement.

4.9 In the event that an Accreditation Device is lost or stolen the Accredited Party shall report the loss or theft of the Accreditation to the Accreditation centre as soon as possible but no later than twenty-four (24) hours after its detection.

4.10 If an Accredited Party is to be replaced by another person, pre-Tournament or during the Tournament the individual media representative to be replaced or a nominated senior representative of the media organisation must submit a request in writing to the Tournament Accreditation Manager. The request shall clearly state the reason for the replacement and must specify all the information of the existing Accredited Party (including the Accreditation Device number) and full details of the replacement Applicant. If an Accreditation Device has already been issued it must be returned to RNZ 2011 at an official Accreditation centre. RWCL reserves the right to refuse the proposed replacement or to limit the scope of the Accreditation granted.

5. Utilising the Accreditation

5.1 Access to a Venue shall only be authorised upon presentation of a valid Accreditation Device in conjunction with a valid Media Ticket. An Accreditation Device must be clearly displayed at all times and the Accredited Party must comply with the Venue Regulations and the Media Ticket Terms and Conditions.

5.2 The Accredited Party must follow the directions of the persons duly authorised to give such directions at a Venue. Each Accredited Party is obliged to submit to body searches and searches of any bags or other items in their possession as appropriate.

5.3 Each Accredited Party acknowledges that they shall move in and around a Venue at their own risk. Neither RWCL or RNZ 2011, or their servants or agents shall be liable for any loss, injury or damage howsoever caused to the Accredited Party (or his/her principal or employer) save for death, personal injury or damage caused by the negligence of the servants or agents of RWCL or RNZ 2011.

5.4 The Accredited Party and his/her principal or employer shall jointly and severally indemnify and hold harmless RWCL and RNZ 2011 against any loss (including consequential loss) or damage to RWCL or RNZ 2011 or either of its employees, officers, and agents, resulting from a breach of these Media Accreditation Terms and Conditions by the Accredited Party and/or such principals or employers or resulting from suspension, withdrawal, revocation or cancellation of Accreditation.

5.5 Access to a Venue will be refused to any person (or such person may be required to leave a Venue) noticeably under the influence of alcohol, narcotics or any behaviour-modifying substance, or to any person behaving or considered by any authorised person to be behaving or likely to behave violently, harmfully or in a manner contrary to public order and/or safety and/or whilst in any Venue engage in disruptive, dangerous or violent behaviour including (without limitation) throwing, casting, thrusting or propelling any object (including without limitation, onto the playing surface), instigating violence, racism or xenophobia, behaving in a way that any reasonable person may interpret as provocative, threatening, discriminatory and/or offensive, creating or posing any threat to the life or safety of themselves or any other person(s), or harming any other person(s) in any way and/or in a manner that is not in keeping with the conduct of attendees at a major international sporting event. Access will be refused to any person whose appearance or behaviour negatively affects the public standing of the Tournament (or such person may be required to leave a Venue). Admission will be refused to any person who attempts to bring any Prohibited Item into a Venue.

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5.6 All Accredited Parties at a Venue are strictly prohibited from possessing, bringing into, or using within a Venue any sponsorship, promotional or commercial items or materials (of whatever nature) without the prior written authorisation of RWCL and/or RNZ 2011, or whilst within any Venue, engaging in any form of ambush marketing, gambling, conducting any commercial activity whatsoever, or offering (either for free or for sale) selling or possessing items with intent to sell including without limitation drinks, food, souvenirs, clothes, promotional and/or commercial items and literature in each case without the prior written authorisation of RWCL and/or RNZ 2011. Any such items may be removed, confiscated and/or destroyed at the discretion of any authorised person.

5.7 Each and every Accreditation Device remains the property of RWCL. In the event of a breach of any of the Media Accreditation Terms and Conditions, News Access Regulations, or the Media Ticket Terms and Conditions, Accreditation may be suspended, withdrawn and/or cancelled by RWCL (at its sole discretion) subject only to section 7 below.

5.8 An Accredited Party may not sell or transfer an Accreditation Device or use it jointly with any third parties. An Accreditation Device must not be used for any kind of commercial purpose.

6. Conditions of Accreditation

As a fundamental condition to the issue of an Accreditation Device, the Accredited Party accepts that:

6.1 Any Accredited Party attending a Venue agrees that the Tournament is a well known sporting event and the Accredited Party agrees that use may be made, free of charge, of his/her name, voice, image and likeness by means of live or recorded audio/visual broadcast or transmission or recordings, photographs or any current or future technologies) in accordance with the Media Ticket Terms and Conditions.

6.2 Authorised licensees of RWCL and News Access Regulations:

Only RHBs (licensed by RWCL) may make sound and/or broadcast image recordings inside the match Venue on a match day. Such RHBs should refer to the terms specified in their agreements with RWCL and other applicable documentation issued to them by RWCL in relation to the use of sound and broadcast image recordings of the Tournament. To the extent that these Media Accreditation Terms and Conditions are inconsistent with such agreements, the terms of their agreement with RWCL shall prevail.

NRH broadcasters and media organisations (whether television, radio, new media or other accredited media organisations) shall also comply with the News Access Regulations specified by RWCL.

6.3 General prohibition on sound and image recordings:

Except as set out in section 6.2 above and as permitted by sections 6.4 to 6.6 below, the Accredited Party and/or the principal for whom the Accredited Party is working on behalf of shall not at any time, whether for commercial use or otherwise:

(i) take, capture, produce, publish, transmit or distribute via any media or device, any moving images from within Accredited areas inside the Venue; or

(ii) take, capture, produce or transmit via any media or device any sound recordings or audio transmission or any live (or “as live”) sound reporting of the Tournament match day including (but not limited to) any interview or broadcast originated from within a Venue; or

(iii) produce any live or “as live” online/website match tracking, live play by play text commentary and/or live scoring service and/or reproduce photographs in a sequential manner, so as to simulate in any way, moving images or tell a progressive story of the match in question, for broadcast publication; distribution or exhibition by any means.

6.4 Permitted written press and internet news-based publications:

Accredited Parties representing the written press or other media who provide information and/or reports thereto shall only be entitled to report for normal editorial usage within print and digital media (such media having been disclosed at the time of Application). It should be noted that any online/web based match tracking or similar play by play reporting

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must not be live or “as live” and shall be for news reporting purposes only. NRH Accredited Parties shall at all time be subject to the News Access Regulations.

6.5 Photographers: permitted written press and internet news-based site:

6.5.1 An Accredited Party who is a photographer may only originate still photographic pictures of the Tournament for use on or in print and digital media (such media having been disclosed at the time of Application) and provided always that:

(i) They appear as non-sequential still images (and not as simulated video or moving images);

(ii) The Accredited Party adheres to the News Access Regulations at all times;

(iii) Images are published for news reporting purposes only and not any commercial purpose;

(iv) Images are not used in association with (or positioned or juxta-positioned with) any marks, names, products, services or logos of any third party (commercial or otherwise) in any manner which gives rise to a false or implied commercial association between the Tournament and that third party; and

(v) No image may be altered so as to remove or obscure a commercial brand with the intention of creating a false or implied commercial association or removing an actual and existing commercial association with an official Tournament licensee. Otherwise images may be altered according to normal editorial practices relating to style and layout. No text other than a credit name of the photographer and/or the accredited photographic agency and/or photograph caption/headline may be superimposed on any published image.

6.5.2 An Accredited Party who is a photographer shall be solely responsible for obtaining all necessary third party consents in relation to any use of images published. Any proposed commercial use of Tournament photography by an Accredited Party who is a photographer and/or his principal is subject to the prior written approval of RWCL.

6.5.3 Accredited Parties may sell their copyright material to third parties, strictly for editorial use by the third party subject to both parties compliance with these Media Accreditation Terms and Conditions, the News Access Regulations and prior written approval of RWCL. Photographers may sell to individuals (but not photo libraries) for personal, non-commercial use without the prior written approval of RWCL subject to compliance with these Media Accreditation Terms and Conditions and the News Access Regulations. In particular all photographers must clearly bring to the attention of their clients the terms of section 6.5 prior to granting access to their images.

6.5.4 For the avoidance of doubt and on a case by case basis, RWCL shall be entitled to use and reproduce, free of charge, worldwide and for the duration of protection by applicable intellectual property law, upon request, any photographs/images captured by the Accredited Party at any Venue for RWCL’s non-commercial and/or judicial purposes and the Accredited Party shall make the same available to RWCL.

6.6 Photographic media – photo agencies:

The general provisions in section 6.5 above also apply to Accredited Parties who are photographers from recognised photographic agencies. However, such provisions shall not prevent the Accredited Party who is an agency photographer from exhibiting such pictures on bona fide online photographic agency distribution websites for the purposes of sales/syndication in the normal course of business. A recognised photographic agency is an entity whose primary business is the sale and/or syndication of photographic images via closed-user group, subscription-based online photographic agency distribution websites for the purposes of commercial image sales, distribution and/or syndication, provided that any such photographic agency does not itself use, nor sell, distribute or supply (whether directly or indirectly) such images to any individual or entity for use, other than in accordance with these Media Accreditation Terms and Conditions. To this end all photographic agencies must clearly bring to the attention of their subscribers the terms of this section 6 and must require their subscribers to accept and fully comply with the provisions prior to their subscribers being allowed access to their images. Photographic agencies shall be deemed responsible for the activities of their subscribers.

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6.7 Multi-platform media:

Accredited Parties are accredited for the purpose/role stated in their Application only and must seek prior written approval from RWCL in relation to any additional roles. Individuals accredited as print journalists may not engage in audio and/or audio-visual reporting, for television, radio, internet or otherwise, without prior written approval of RWCL. Any audio broadcasting within a Venue is subject to the News Access Regulations for Radio.

6.8 Other considerations:

Each Accredited Party and/or principal shall make available to RWCL, if requested, for inspection and approval, any equipment capable of capturing any still and/or moving images or making any sound recording. RHBs will have to display Accreditation marks on their equipment (e.g. camera stickers). The Accredited Party shall be subject to the Venue Regulations and shall not (without limitation) bring into a Venue any of the following items: controlled containers, bottles, cans, weapons, flares, sharp objects, or other items designated as prohibited by or on behalf of the RWCL or RNZ 2011. If an Accredited Party fails to comply with the Venue Regulations, they may be refused access to or be removed from the Venue. The Accredited Party may be searched and/or may not be permitted to bring any prohibited items and/or non-approved equipment into a Venue. The Accredited Party and/or principal shall not cause or permit the use of any material captured and/or recorded by the Accredited Party to be used in any way, which may breach the intellectual property rights of RWCL and/or damage, prejudice, undermine or devalue the commercial programme of the Tournament and/or which may assist ambush marketing of the Tournament to take place.

6.9 For the avoidance of doubt, these Media Accreditation Terms and Conditions are not intended to undermine editorial independence relating to genuine news reporting or editorial fair comment, review or criticism.

7. Breach of Terms and Conditions

7.1 Any breach or suspected breach of the Media Accreditation Terms and Conditions and/or Media Ticket Terms and Conditions and/or News Access Regulations capable of remedy (in RWCL’s sole discretion) will be raised by RWCL or its nominee in the first instance with the Accredited Party or their organisation to allow for remedy. In circumstances involving a serious breach(es) of the said Terms and Conditions / Rules by an Accredited Party, RWCL will be entitled to immediately suspend, remove or cancel that party’s Accreditation. RWCL shall in its sole discretion determine if the organisation represented by the individual will be entitled to make a new Application for Accreditation in the name of an alternative individual.

7.2 Where a breach or suspected breach is believed to have been made by a media organisation, RWCL will notify a senior responsible representative of that organisation and thereafter determine the extent of any breach and the subsequent measures (including enforcement measures) required. Thereafter should RWCL consider that there are reasonable grounds to believe that the media organisation or any Accredited Party of the organisation has not complied with the Media Accreditation Terms and Conditions and/or Media Ticket Terms and Conditions and/or News Access Regulations, and a breach or consistent breaches of said Terms and Conditions / Rules have been identified, RWCL reserves the right to immediately suspend, remove or cancel any Accreditation Device and/or unilaterally revoke the Accreditation of any Accredited Party.

7.3 RWCL reserves the right, where a breach has been identified, to pursue other legal remedies against any Accredited Party at its sole discretion.

8. Severability, Amendments, Language and Governing Law

8.1 In the event that any provision(s) or section(s) of these Media Accreditation Terms and Conditions are declared void, ineffective or unenforceable by any competent court, the remainder of these Media Accreditation Terms and Conditions shall remain in full force and effect as if such void, ineffective or unenforceable provision(s) or section(s) had not been contained herein.

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8.2 RWCL reserves the rights (without providing reasons for doing so) to make amendments to these Media Accreditation Terms and Conditions. Any such updated versions shall be notified to Accredited Parties by RWCL or RNZ 2011 and such amended Media Accreditation Terms and Conditions shall become binding on all Accredited Parties from the time of such notification.

8.3 The Applicant acknowledges that s/he has read and understood these Media Accreditation Terms and Conditions and that s/he is fully aware of the rights and obligations arising from them and shall be bound by and comply therewith.

8.4 These Media Accreditation Terms and Conditions shall be governed by and construed in accordance with the laws of England and are subject to the non-exclusive jurisdiction of the English courts.

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Appendix I

Rugby World Cup 2011

Media Ticket Terms and Conditions

These Conditions govern all Media Tickets issued for the Tournament and the subsequent admission to any Venue to attend any Match. All capitalised terms used herein shall have the meanings given to them in paragraph 29 of these Conditions.

All Tickets are issued by RNZ 2011, the Tournament organising committee, pursuant to authority granted by RWCL, the Tournament owner and the “major event organiser” (as defined in the MEMA). Any person who obtains, possesses and/or uses or attempts to use any Ticket shall be deemed to have fully and irrevocably accepted and agreed to comply with these Conditions. These Conditions will be printed in abbreviated form on each Ticket. In the case of any conflict or ambiguity between these Conditions and the abbreviated form printed on a Ticket, these Conditions will prevail.

Venue Regulations

1. These Conditions incorporate the Venue Regulations, a copy of which is available at www.rugbyworldcup.com/mediaoperations. If you fail to comply with the applicable Venue Regulations, you may be refused entry to or evicted from the Venue. In the case of any conflict or ambiguity between any term(s) of these Conditions and any term(s) of the Venue Regulations, the terms of these Conditions will prevail.

Ticket Issuance

2. Tickets will only be issued by and obtained from RNZ 2011.

Tickets are non-transferable.

3. The issuance of any Ticket is final. RNZ 2011 reserves the right to not replace or accept any Ticket that has been lost, stolen, forgotten, damaged or forged, or any Ticket which is unreadable or incomplete.

Ticket Use & Prohibitions on Transfers

4. It is an essential condition of the issuance of each and every Ticket and the right of admission to a Venue that THE TICKET MUST NOT BE SOLD OR OFFERED, EXPOSED OR MADE AVAILABLE FOR SALE, OR TRANSFERRED OR OTHERWISE DISPOSED OF. In particular, but without prejudice to the generality of the foregoing, the Ticket must not be:

a) transferred, used or otherwise disposed of in the course of any business or for the purpose of facilitating a third party’s business; and/or

b) transferred, used or otherwise disposed of:

i. in relation to any promotional or commercial purpose (including any competition, advertising, promotion, auction or as a prize in any competition or sweepstake, whether for a business or a charity or otherwise); or

ii. to enhance the demand for any other goods or services; and/or

c) transferred or otherwise disposed of to any person who agrees to buy any good(s) or service(s) in return for the Ticket; and/or

d) transferred, used or incorporated as part of any hospitality or travel package; and/or

e) bundled with any other good(s) or service(s) (including as part of any hospitality or travel package), in each case without the prior express written authorisation of RWCL.

5. The Ticket Holder must, upon request by RNZ 2011, RWCL or any Authorised Person, give a full explanation as to how, from whom (including full contact details) and from where his/her Ticket(s) have been obtained. If a Ticket Holder fails to provide a satisfactory, or any, explanation, RNZ 2011 may, in its absolute discretion, cancel the Ticket(s) immediately.

6. Any Ticket offered for sale, sold, transferred, used or disposed of in breach of paragraph 4 of these Conditions may be cancelled and any person seeking to use the Ticket may be refused admission to or evicted from the Venue without refund or compensation, even if the Ticket Holder did not have prior notice of these Conditions or the breach thereof. Further, RNZ 2011 and/or RWCL may pursue any other remedies available in relation to the breach.

7. The Tournament has been officially declared as a “major event” under the MEMA and for such purposes RWCL has been officially declared as the “major event organiser” (as defined in the MEMA) with regard to the Tournament. The unauthorised sale or trade of a Ticket for a value greater than the original sale price of that Ticket is an offence under the MEMA punishable at law by a serious fine. Without prejudice to any other remedy RNZ 2011 and/or RWCL may have in relation to any breach of paragraph 4 of these Conditions, RNZ 2011 (acting under authority from RWCL) or RWCL itself may inform the Police (or any Enforcement Officer) if it becomes aware that any Ticket is being sold illegally and may press for charges to be brought under the MEMA (and/or RWCL may itself commence proceedings under the MEMA).

Venue Entry & Requirements

8. Admission to a Venue will only be authorised upon presentation of a valid Ticket and a valid Accreditation Device and, upon request, proof of identity with valid photograph and signature. A valid Ticket permits the Ticket Holder to occupy, at the relevant Match, the position indicated on that Ticket or such other alternative position as RNZ 2011 may allocate acting reasonably. Any Ticket Holder leaving a Venue will not be re-admitted and no pass-outs will be permitted.

9. Admission to a Venue will be refused to any person noticeably under the influence of alcohol, narcotics or any behaviour-modifying substance, or to any person behaving, or considered by any Authorised Person likely to behave, violently, harmfully or in a manner contrary to public order and/or safety. Admission may be refused to any person who attempts to bring any Prohibited Item into a Venue.

10. It is an essential condition of issuance of any Ticket and the right of admission to a Venue that a Ticket Holder is expressly prohibited from:

a) bringing into a Venue any Prohibited Item including (without limitation) bottles, glass, cans, weapons, fireworks, hard cool boxes, compressed gas containers, flares, air horns, smoke bombs and/or flag sticks;

alcohol and/or illegal substances; food and drink other than small amounts for personal consumption; banners, signs or materials displaying political, religious, offensive or race-related messages, slogans or images; any item that is dangerous, hazardous and/or illegal or that may be used as a weapon or a missile or that may compromise or otherwise interfere with the enjoyment, comfort or safety of (or pose a hazard to) any person or security at the Venue; and/or any camera or other type of photographic or recording device (of any nature whatsoever and whether capturing still or moving pictures) other than as approved by RWCL. Prohibited Items may be removed, confiscated and/or destroyed at the discretion of any Authorised Person;

b) possessing, bringing into, or using within a Venue any sponsorship, promotional or commercial items or

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materials (of whatever nature) without the prior written authorisation of RWCL and/or RNZ 2011 (the Ticket Holder may be asked to deliver up a copy of any such authorisation upon entry to or whilst within any Venue);

c) whilst within any Venue, engaging in any form of ambush marketing (whether by invasion or intrusion, as referred to in the MEMA, or otherwise), gambling, conducting any commercial activity whatsoever, or offering (either for free or for sale), selling or possessing items with intent to sell (including, without limitation, drinks, food, souvenirs, clothes, promotional and/or commercial items and literature), in each case without the prior written authorisation of RWCL and/or RNZ 2011. Any such items may be removed, confiscated and/or destroyed at the discretion of any Authorised Person;

d) whilst within any Venue, engaging in disruptive, dangerous or violent behaviour including (without limitation) throwing, casting, thrusting or propelling any object (including, without limitation, onto the Playing Surface), instigating violence, racism or xenophobia, behaving in a way that any reasonable person may interpret as provocative, threatening, discriminatory and/or offensive, creating or posing any threat to the life or safety of themselves or any other person(s), or harming any other person(s) in any way; and/or e) whilst within any Venue, entering or circulating in restricted access areas or other areas where that person is not permitted, including (without limitation) the Playing Surface, climbing lighting masts, fences, roofs and other apparatus or constructions, or standing on seats.

11. No Ticket Holder shall be permitted to enter, attend or remain in attendance at any Venue where that person is banned by any competent authority and/or sports governing body from attending the Venue or the Match (or Rugby matches more generally) and/or from receiving any Ticket (or tickets generally in respect of Rugby matches).

12. EACH TICKET HOLDER ADMITTED TO A VENUE ACKNOWLEDGES THAT HIS/HER PRESENCE AND/OR MOVEMENT IN AND AROUND THE VENUE IS AT HIS/HER OWN RISK AND THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER RNZ 2011 (INCLUDING THE OFFICIAL TICKETING AGENT) NOR RWCL NOR ANY AUTHORISED PERSONS ARE LIABLE FOR ANY LOSS, DAMAGE AND/OR HARM, INCLUDING (WITHOUT LIMITATION) BODILY OR MENTAL HARM, PERSONAL PROPERTY DAMAGE OR LOSS, OR ANY OTHER LOSS AND/OR HARM ARISING FROM AND/OR OCCURRING DURING HIS/HER ATTENDANCE AT THE VENUE AND, WITHOUT LIMITATION TO THE FOREGOING, EACH TICKET HOLDER AGREES THAT NO CLAIM, COMPLAINT OR PROCEEDING WILL BE BROUGHT IN RELATION TO THE FOREGOING.

13. EACH TICKET HOLDER SHALL INDEMNIFY AND HOLD RNZ 2011 (INCLUDING THE OFFICIAL TICKETING AGENT), RWCL AND ALL AUTHORISED PERSONS HARMLESS FROM AND AGAINST ALL LOSS, DAMAGES AND LIABILITIES (INCLUDING BUT NOT LIMITED TO THE COSTS OF ENFORCEMENT OR ATTEMPTED ENFORCEMENT OF THESE CONDITIONS) SUFFERED OR INCURRED BY ANY OF THEM IN CONNECTION WITH, RESULTING FROM, OR ARISING OUT OF, A BREACH BY THE TICKET HOLDER OF ANY OF THESE CONDITIONS.

14. For the purposes of safety, security and/or checking compliance with these Conditions, each Ticket Holder shall, if requested by any Authorised Person, co-operate and comply fully with the instructions and guidelines of such Authorised Person (including by producing a valid Ticket and proof of identity with valid photograph and signature). A Ticket Holder may be requested to submit to a body check and/or a search of his/her possessions for the purposes of locating and removing any Prohibited Item, and any refusal by the Ticket Holder may result in refusal of admission to or eviction from the Venue.

15. The Ticket Holder acknowledges that he/she is individually responsible for his/her own property brought to and into a Venue (including Prohibited Items) and that there is no storage available at a Venue for any such items.

Media & Recordings

16. Each Ticket Holder attending a Match:

a) acknowledges that he/she is likely to be recorded in a number of media and publicly disseminated;

b) agrees that perpetual use may be made, free of charge, of his/her voice, image and likeness captured whilst present at or about the Venue (by means of live or recorded video display, broadcast, transmission or other dissemination or recording, photographs or any other current and/or future media technologies) and waives, on an irrevocable, worldwide, perpetual basis, all rights to object to such recording and the broadcasting, transmission or other dissemination thereof in any current and/or future media technologies;

c) acknowledges and agrees that RWCL is the sole legal and beneficial owner of the copyright and any other intellectual property rights of any nature whatsoever in and to any recordings of sound or images taken within a Venue (including future rights to such recordings or to any works derived from such recordings) and waives, on an irrevocable, worldwide and perpetual basis, all rights (including moral rights) in and to any such recordings..

Cancellation

17. RNZ 2011 does not guarantee that the Match for which a Ticket is issued will take place at the date, time and Venue indicated on the Ticket. RNZ 2011 (acting in conjunction with RWCL) reserves the right to make alterations to the time, date and Venue of any Match or other details governed by any Ticket in the event of unforeseen or other circumstances, including (without limitation), force majeure, safety and security concerns or decisions from any Authorised Person or other competent authority. In the event of such alteration, neither RNZ 2011 nor RWCL will be liable to the Ticket Holder or any other person for any costs, expenses or other losses resulting from such alteration.

18. If a Match is rescheduled, the Ticket Holder may:

a) use the existing Ticket for the rescheduled Match if the Match is rescheduled for another date but is still to be staged at the same Venue; or

b) at RNZ 2011’s discretion, exchange the Ticket with RNZ 2011 for a Ticket for the rescheduled Match if the Match is rescheduled to be staged at a different Venue.

General

19. Information about a Ticket Holder is gathered and stored to identify the Ticket Holder and for administration, communication, enforcement and access control purposes.

The Ticket Holder has a right of access to, and correction of, his/her personal information.

20. In the event that any provision(s) of these Conditions is declared void, ineffective or unenforceable in any respect by any competent court in any jurisdiction, that provision(s) shall be severed to the extent necessary in that jurisdiction, and the remainder of these Conditions will remain in effect as if such provision(s) had not been included and the validity,

© RWCL 2011 ALL RIGHTS RESERVED

RWC 2011 Media Accreditation Terms and Conditions Page 11 of 11

enforceability and/or legal effect of such remaining Conditions shall not in any way be affected or impaired thereby.

21. RNZ 2011 RESERVES THE RIGHT TO MAKE
AMENDMENTS TO THESE CONDITIONS FROM TIME TO TIME AT RNZ 2011’S SOLE DISCRETION AND WITHOUT NOTICE (INCLUDING BY AMENDING OR SUPPLEMENTING THE VENUE REGULATIONS). A full copy of the latest version of the Conditions (as amended, if appropriate) will be available at www.rugbyworldcup.com/mediaoperations and, upon request, from RNZ 2011 at the address set out in paragraph 29 of these Conditions.

22. Any information requests or other correspondence in relation to these Conditions should be addressed to: Media Operations Manager, Rugby New Zealand 2011 Limited, PO Box 1178, Wellington 6140, New Zealand.

23. The provisions of the Consumer Guarantees Act 1993 will not apply to these Conditions or the supplies made under it.

24. These Conditions will be governed by and interpreted in accordance with the laws of New Zealand. Any dispute arising from or in connection with these Conditions or a Ticket Holder’s attendance at a Match will be submitted to the competent Court in New Zealand. Notwithstanding the foregoing, RNZ 2011 and/or RWCL reserve the right to pursue any legal proceedings in a competent court in the defendant's domicile, which proceedings shall be governed by and interpreted in accordance with the laws of New Zealand.

25. Any breach of any Condition set out herein may, in addition to any other remedy that RNZ 2011 and/or RWCL may have (including claiming under the indemnity provided in paragraph 13 of these Conditions), and even if the Ticket Holder did not have prior notice of the Condition or the breach, result in the cancellation of the Ticket, the refusal of admission to the Ticket Holder to the Venue, or his/her eviction from the Venue, in each case without compensation. No failure or delay by RNZ 2011 and/or RWCL to exercise any right (in whole or in part) under these Conditions shall constitute a waiver of that right, nor restrict any further exercise of that right.

26. All Tickets (and the copyright in all Tickets) remain the property of RNZ 2011 and/or RWCL. In the event of any breach of any of these Conditions by a Ticket Holder, Tickets must, upon the request of any Authorised Person, be delivered up to that Authorised Person. Such actions are without prejudice to other remedies which may include a fine and/or legal action.

27. For the purposes of the Contracts (Privity) Act 1982, the Ticket Holder and RNZ 2011 acknowledge and agree that these Conditions confer a benefit on, and are intended to be enforceable by, RWCL.

28. To the fullest extent permitted by law, all implied representations or warranties are excluded.

Definitions

29. When used in these Conditions, the following capitalised terms shall have the following meanings: “Authorised Person(s)” means collectively all Tournament management, Venue management, Police, New Zealand Government and local Government agencies responsible for safety and security in connection with the Tournament, each Venue and each Match, and their respective staff, officials, representatives, officers and volunteers, including (without limitation) any Enforcement Officers;

“Conditions” means these conditions and the Venue Regulations which are incorporated into these Conditions by reference, together with any amendments or updates to the same issued by or on behalf of RNZ 2011 from time to time;

“Enforcement Officer(s)” means those persons appointed under the MEMA as enforcement officers and holding a warrant of appointment;

"Match" means a game of rugby union forming part of the Tournament, the particulars of which are indicated on the Ticket;

“the MEMA” means the Major Events Management Act 2007 (New Zealand);

“Playing Surface” means the area within the Venue on which the Match is played, together with any adjacent areas required for the purposes of the Match;

“Prohibited Item(s)” means any prohibited item(s) listed in full at www.rugbyworldcup.com/mediaoperations and includes (without limitation) those items specified in sub-paragraph 10(a) of these Conditions;

“RNZ 2011” means Rugby New Zealand 2011 Limited of PO Box 1178, Wellington 6140, New Zealand;

“RWCL” means Rugby World Cup Limited of 1st Floor, Huguenot House, 35-38 St Stephen’s Green, Dublin 2, Ireland;

"Ticket" means a ticket giving right of entry to a particular Match at a particular Venue in accordance with the details indicated thereon;

"Ticket Holder” means any individual possessing, holding or using a Ticket, including any person to whom the Ticket was issued;

“Tournament” means the IRB Rugby World Cup 2011;

“Venue” means the entire premises of a stadium where a Match is scheduled to take place (and/or any replacement stadium to which a Match is rescheduled) and to which a Ticket is required to gain access, including all entrance and exit gates as well as all other official installations and areas; and

“Venue Regulations” means the security protocols and the public order and safety conditions of admission to each Venue hosting a Match, including as the same may be amended, supplemented or replaced from time to time.

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