Terms and Conditions

Participation Terms and Conditions

Your completed registration form for a Hustle Pass and an Event (as applicable), and these Terms and Conditions of Participation (Participation Terms and Conditions), are the terms and conditions upon which you participate in any 3×3 Hustle event (Event), as organised by Australia 3×3 Hustle Pty Ltd ABN 71 464 229 202 (3×3 Hustle).

1. Registration

(a) You must:

(i) complete the online Event registration;

(ii) hold a valid 3×3 Hustle Pass which can be accessed via https://www.3x3hustle.com/hustle-pass/ (Hustle Pass), noting the terms set out below in paragraph 2;

(iii) pay the registration fee to 3×3 Hustle by completing the online credit card section during an online registration (Fee);

(iv) agree to the Player Code of Behaviour (as set out in these Participation Terms and Conditions); and

(v) agree that you will comply with any policy issued by 3×3 Hustle and all applicable laws, including 3×3 Hustle’s privacy policy.

(b) You warrant that you do not have any known pre-existing medical or other condition which makes it unsafe to participate in the Event and agree that you will, if requested by 3×3 Hustle, provide a certificate from a duly qualified medical practitioner certifying that you are fit to participate in the Event and authorise 3×3 Hustle (or a party authorised by 3×3 Hustle) to obtain medical treatment for myself or the participant in the case of an emergency, including ambulance transportation and agree to pay in full for any cost so incurred.

(c) 3×3 Hustle is not required to and may only at its election:

(i) process any registration that is incomplete, unclear, or is not accompanied by the Fee; or

(ii) accept any changes to the registration, except for a change of team name, email address or phone number.

2. Hustle Pass Membership

(a) There are three (3) Hustle Pass membership options: (i) Baller memberships (Baller Hustle Pass); (ii) Rookie memberships (Rookie Hustle Pass); and (iii) Fan memberships (Fan Hustle Pass), collectively referred to as the “Membership” or “Memberships”.

(b) The Baller Hustle Pass is offered on a 12 month basis charged at $90 per year. You must pay the fee upfront. The Rookie Hustle Pass is offered on a yearly basis charged at $20 per year. The Fan Hustle Pass is offered on a yearly and is a Free pass.

(c) The Fees for the Baller Hustle Pass and the Rookie Hustle Pass must be paid upfront, including applicable taxes and other charges and fees that may be incurred.

(d) To sign up for a Membership you must be over the age of 18 or have parent/guardian permission.

(e) Direct debit payments are managed by Stripe Payment (Stripe). Stripe accepts Visa, Mastercard, American Express and some debit cards. Should you fail a payment you will be notified by email and text message and Stripe will reprocess your account 48 hours after the initial failed payment. Stripe will attempt to collect failed payments three (3) times, following which your account will be lodged with a debt collector. You as the account holder will be liable for any additional costs associated with enlisting a debt collector. In the event Stripe cannot charge your account, 3x3Hustle reserves the right to discontinue or terminate your Membership.

(f) Your Membership is a subscription that will run for a period of 12 months. Following the expiry of such 12 month period, you will be downgraded to a Fan Hustle Pass until you renew you Membership.

(g) Subject to law and to the special cancellation circumstances below, Membership cancellation is not permitted during a 12 month period. A Membership can only be cancelled, by way of not renewing, at each yearly renewal period. This is vital for the scheduling of 3×3 Hustle tournaments and games, to cover costs and to ensure there is sufficient participation in the Events.

(h) Other than where mandatory under law, 3×3 Hustle will only allow cancellation of Memberships in special circumstances, including where members have suffered serious injury preventing adequate use of their Membership, disability or death. All decisions regarding cancellation shall be made by 3x3Hustle at its absolute discretion, and any decision of 3x3Hustle is final. Cancellation requests for special circumstances are to be sent in writing to info@3x3Hustle.com. This may require a medical certificate.

(i) Except for your statutory rights which are unaffected, you agree that all fees and charges assessed by us are non-refundable. Non-refundable fees include the full monthly fee for any month (or portion thereof) of a Membership regardless of whether you participated in any Event or used any 3x3Hustle services during that period.

(j) 3×3 Hustle reserves the right to increase Membership charges and fees, or to institute new Membership charges or fees at any time, upon advance notice communicated to you through a posting on the Website or such other means as 3×3 Hustle may deem appropriate from time to time (including electronic mail, text message or conventional mail).

(k) For the purposes of your access to and use of the Membership, including identification, billing and shipping, you agree to provide us with true, accurate and complete information as required by the subscription or sign up process to the Membership (Subscription Data), and to allow us to share your Subscription Data with third parties for the purpose of verifying the information you provide and billing your credit card or otherwise charging your account. You agree to maintain and promptly update the Subscription Data and any other information you provide to 3×3 Hustle to ensure it is accurate at all times. Without limiting any other provision of these Participation Terms and Conditions, if you provide any information that is untrue, inaccurate, or incomplete, or 3×3 Hustle have reasonable grounds to suspect that such is the case, 3×3 Hustle reserves the right to suspend or terminate your Membership and refuse any and all current or future use and/or access by you of any of the Membership or the 3×3 Hustle website (or any portion thereof). You agree not to register or subscribe for more than one account, create an account on behalf of someone else, or create a false or misleading identity on the Website.

(l) If your Membership is revoked for any reason, you agree not to register or sign up again using another username or through any other means. If 3×3 Hustle have reason to suspect, in their sole discretion, that your account has previously been terminated, 3×3 Hustle reserves the right to terminate any new accounts you have registered without any notice to you, or to exercise any other remedies available to us under these Participation Terms and Conditions or by law.

3. Participant Liability Waiver Form

(a) When registering for a Hustle Pass, all participants must complete a Participant Liability Waiver Form. At the time of registering for an Event, you represent and warrant that you have read, understood, signed and returned to 3×3 Hustle the Participant Liability Waiver (via your Hustle Pass registration).

(b) If you have any queries prior to signing the waiver, please contact 3×3 Hustle prior to completing your Hustle Pass or Event registration.

(c) Participants who have not provided a signed Participant Liability Waiver will not be granted permission to participate in any Event.

4. Limitation of Liability and Release

(a) You understand that there are inherent risks associated with participation in the Event, which may result in personal injury (even of a serious nature) to you and that you fully accept and agree to bear those risks.

(b) You agree not to bring any claim, demand, action or proceeding against 3×3 Hustle (which shall include its directors, employees, agents and volunteers) for any damage, loss or injury whatsoever that you may suffer from participation in the Event.

(c) 3×3 Hustle’s liability to you (including that of its directors, employees, agents and volunteers) is limited (at 3×3 Hustle’s election) to 3×3 Hustle repaying any amounts paid by you under these Participation Terms and Conditions to 3×3 Hustle or supplying or resupplying any services to which you are entitled in accordance with these Participation Terms and Conditions.

(d) You understand that as a registered player holding a current Hustle Pass participating in the Event you may be entitled to certain insurance benefits as detailed at https://www.3x3hustle.com/hustle-pass/. You accept that the level of cover provided is the level selected by 3×3 Hustle and is not intended to be comprehensive cover and does not include cover for expenses claimable from Medicare or the Medicare “Gap”, which cannot be insured through personal injury insurance. These items may be claimable through your private health insurance and it is strongly recommended that you investigate your personal insurance needs and consider the benefits of obtaining relevant insurance, for example private health insurance and ambulance subscription. You understand that this sports injury insurance covers registered participants only.

(e) You acknowledge there is an unquantifiable risk of transmission of viral illness including COVID-19 associated with participation in the Event and you have considered that risk and your personal circumstances, including any vulnerability that you may have or that of persons whom you will be in close contact with following your participation in the Event. You acknowledge that COVID-19 may have very serious health consequences. By your participation in the Event you acknowledge and accept these risks.

5. Event Cancellation, Refunds and Termination

(a) Once you have registered and paid for the Event, unless required at law, a refund will be provided to you if:

(i) you have a medical condition which prevents you from activity in the Event (a doctor’s certificate will be required); and

(ii) for change of mind up the date registrations close.

All refund requests and questions regarding a refund should be directed via email to info@3x3Hustle.com.

(b) Strictly no refund of the Fee will be provided within 48 hours of the Event.

(c) 3×3 Hustle may terminate your participation in the Event on reasonable grounds at any time, including if your behaviour interferes with another participant’s safety or enjoyment of the Event, breaches these Participation Terms and Conditions or the Player Code of Behaviour. In such circumstances, no refund will be provided to the participant.

(d) 3×3 Hustle may, in its absolute discretion, change the dates, times, duration and location of the Event, where the Event will be postponed. If a registered attendant cannot attend the rescheduled Event date, upon request, a refund may be provided by 3×3 Hustle.

(e) Subject to all applicable laws and the Limitation of Liability contained in these Participation Terms and Conditions, 3×3 Hustle is not liable to you for any loss or damage you suffer as a result of the Event or part of the Event being cancelled, postponed or changed.

6. Player Code of Behaviour

By registering in the Event you agree that you understand and will adhere to the following (the Player Code of Behaviour):

(a) Play fairly and within the spirit of basketball and by the rules of the Event;

(b) Never argue with a coordinator, coach or volunteer;

(c) Never bully or take unfair advantage of another participant in the Event; and

(d) Show respect to all participants regardless of their gender, race, ability, colour, religion, language, politics or national or ethnic origin.

7. Use of Image

(a) You consent to 3×3 Hustle (or a party authorised by 3×3 Hustle) to film, photograph or record you or otherwise use your name, image, voice or likeness (Attributes) in any form or medium for publicity, marketing and promotional activities related to 3×3 Hustle, its partners or sponsors. You expressly release 3×3 Hustle (or a party authorised by 3×3 Hustle) from and against all claims or any cause of action which you may have arising out use of your Attributes.

8. Privacy

(a) Personal information that 3×3 Hustle collects on registration is used for the purpose of processing your Hustle Pass registration and/or Event registration, as applicable. 3×3 Hustle may also use this information to send you 3×3 Hustle, National Basketball League marketing and promotional materials and other related information or offers.

(b) 3×3 Hustle may disclose your information to other organisations for the purpose of processing your Hustle Pass registration and/or Event registration, research and

development and performance evaluation. These organisations are required to keep your contact details confidential and to use them only for the stated purposes. (c) All information supplied by you is subject to 3×3 Hustle’s Privacy Policy.

 

3×3 Hustle “Play to Win” Competition
Australia 3×3 Hustle Pty Ltd

Terms and Conditions

1. The Promotion is run by Australia 3×3 Hustle Pty Ltd (ABN 71 464 229 202) of Level 6,10 Queens
Road, Melbourne VIC 3004 (Promoter). The Promoter has the permission of the National Basketball
League Pty Ltd (Business) to promote their business in this competition.
2. Information on how to enter, and the prize details, form part of these Terms and Conditions.
Participation in this promotion is deemed acceptance of these Terms and Conditions.
3. If you are an eligible person and satisfy all entry requirements as set out below, then subject to
these Terms and Conditions, you will be entered into the competition draw to win a prize
(Promotion). Entries into the Promotion open on 21st September 2024 at 5:00 PM and close on
31st October 2024 at 11:59 PM (Promotion Period).
Entrant requirements
4. Entry to the Promotion is open to all Australian Residents who are a registered member of Australia
3×3 Hustle and who comply with the ‘Entry’ provisions set out below. An ‘Australian Resident’ means
a person who resides in Australia at the start of the Promotional Period and who holds Australian
citizenship or holds an Australian permanent residency visa.
5. Employees, directors and officers, and their immediate family and respective household members,
of:
a. the Promoter and the Business;
b. the related bodies corporate of the Promoter and the Business; and
c. any advertising or promotion agencies of the Promoter and the Business,
are not eligible to enter. ‘Immediate family’ means any of the following: spouse, ex-spouse, de-facto
spouse, child or stepchild (whether natural or by adoption), parent, stepparent, grandparent, step-
grandparent, uncle, aunt, niece, nephew, brother, sister, stepbrother, stepsister or first cousin.
6. Entry into the Promotion is free, subject to the entry requirements.
Entry into the Promotion
7. To enter the Promotion and be eligible for the Prize Draw, entrants must during the Promotion
Period:
a. Be a registered member of 3×3 Hustle; and
b. Enter and participate in 3×3 Hustle tournament or event.
The individual that participates in the most 3×3 Hustle events or tournaments throughout the
Promotion Period will win the prize as set out in paragraph 12 below. There will be one winner
selected for the most events in New South Wales and one winner selected for most events in
Victoria. Entrants can reside in any Australian state to win.
8. The use of automatic entry software, mechanical or electronic devices that allows an individual to
automatically enter the Promotion is prohibited and may render any entries submitted by that
individual invalid.
9. Each entry must be made in accordance with these Terms and Conditions. By entering the
Promotion, each entrant agrees to be bound by these Terms and Conditions. The Promoter may in
its discretion refuse to award any prize to any entrant who fails to comply with these Terms and
Conditions.
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Prize Draw
10. The total retail value of the Promotion prize pool is AU$169.95 (including GST) as of 5th September
2024.
11. There will be 2 winners for the Promotion:
a. 1 x winner who, during the Promotion Period, participates in the most 3×3 Hustle events or
tournaments in NSW; and
b. 1 x winner who, during the Promotion Period, participates in the most 3×3 Hustle events or
tournaments in Victoria.
12. Each winner will win:
a. 3 x tickets to an NBL game of their choice (excluding any games within the NBL Final
Series); and
b. 1 x official 3×3 Hustle basketball.
13. The Promoter will conduct a count of all eligible entrants’ 3×3 Hustle events or tournaments that fall
within the Promotion on 1st November 2024 at 12:00pm. Eligible entrants are not required to be
present to win.
14. In the event of a tie for first place for either prize, the winner will be determined by:
a. The entrant who also scores the highest number of FIBA 3×3 world ranking points over the
course of the Promotion Period will be the winner; and
b. If there is still a tie, then the entrant with the highest world ranking (in accordance with the
FIBA 3×3 World Ranking System) will be the winner.
15. Any expenses related to the prize, collecting the prize or enjoying the prize (including but not limited
to flights, accommodation, meals etc as required to attend the NBL game) will be borne by the
winners.
16. No component of the prize can be transferred or redeemed for cash or any other service provided by
the Promoter. The prize is at all times subject to NBL scheduling and availability. In the event that
any of the prizes become unavailable, the Promoter reserves the right to provide a similar product to
the same or greater value as the original prize, subject to any applicable laws or written directions of
a relevant regulatory authority.
17. In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to
cancel, terminate, modify or suspend the Promotion or suspend or modify a prize, subject to any
requirements of a relevant regulatory authority.
18. Decisions of the Promoter are final and will be binding on each person who enters the Promotion,
and no correspondence will be entered into.
Prize Awarding
19. The winners will be notified in writing by direct email message through the email supplied when
entering the Promotion and their name published within at reasonable time at
www.nbl.com.au/competitions.
20. Winners must respond to the Promoter’s notification message and provide prize delivery details in
order to claim their prize. Each prize must be claimed within 5 days after the relevant publication
date. Any unclaimed prize will be forfeited by the winner. The Promoter will do its best to notify the
winners.
21. If any winner does not satisfy these Terms and Conditions or cannot be contacted within a
reasonable timeframe in accordance with all requirements of all regulatory authorities, the entry will
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be invalidated, and the entrant in second place (when taking into consideration the prize draw
requirements including if there is a tie) will be the winner. Any winner of the unclaimed prize draw
will be notified in writing (via the contact details supplied when entering the Promotion) within two (2)
working days of the notification of the in-eligible winner and the winner’s name and state will be
published on a reasonable time at www.nbl.com.au/competitions. This will continue until a valid
winning entry is awarded for each prize.
22. If this Promotion is interfered with in any way or is not capable of being conducted as reasonably
anticipated due to any reason beyond the reasonable control of the Promoter, including but not
limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in
its sole discretion, to the fullest extent permitted by law:
a. to disqualify any entrant; or
b. subject to any written directions from a regulatory authority, to modify, suspend, terminate or
cancel the Promotion, as appropriate.
23. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including
identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any
individual who the Promoter has reason to believe has breached any of these Terms and
Conditions, tampered with the entry process or engaged in any unlawful or other improper
misconduct, calculated to jeopardise fair and proper conduct of the Promotion. Failure by the
Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The
Promoter’s legal rights to recover damages or other compensation from such an offender are
reserved.
24. The Promoter accepts no responsibility for any tax implications that may arise from prize winnings.
All taxes which may be payable as a consequence of receiving the prize are the sole responsibility
of the winner. Any additional costs involved are at the winner’s expense. Independent financial
advice should be sought.
Exclusion of liability
25. To the full extent permitted by the law, the Promoter will not be liable for any injury, damages,
expenses, or loss whatsoever (whether director consequential) to persons or property as a result of
any person entering into the Promotion or accepting or using any prize.
26. The Promoter is not responsible for any incorrect or inaccurate information, or for any of the
equipment or programming associated with or utilised in this competition, or for any technical error
that may occur in the course of the administration of the Promotion.
27. The Promoter assumes no responsibility for any error, omission, interruption, deletion, defect, delay
in operation or transmission, communications line failure, theft or destruction or unauthorised access
to or alteration of entries.
Data collection and privacy
28. The Promoter and the Business collects personal information (PI) in order to conduct the Promotion
and may, for this purpose, disclose such PI to other third parties, including but not limited to, agents,
contractors, service providers and prize suppliers as required in Australia. Entry is conditional on
providing this PI. The Promoter and Business will also use, and handle PI as set out in 3×3 Hustle’s
Privacy Policy available at https://3x3hustle.com/privacy-policy/ and the Business’ Privacy Policy at
https://nbl.com.au/pages/privacy-policy.
29. In addition to any use that may be outlined in the Privacy Policies identified above, the Promoter and
Business may, for an indefinite period, unless otherwise advised, use the PI for promotional,
marketing, publicity, research and profiling purposes, including sending electronic messages or
telephoning the entrant. The Privacy Policies also contain information about how entrants may opt
out, access, update or correct their PI, how entrants may complain about a breach of the Australian
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Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries
become the property of the Promoter and the Business. The Promoter and the Business may
disclose entrant’s PI to any entity outside of Australia in accordance with their respective Privacy
Policies.
General
30. Entrants agree that they are fully responsible for any materials or responses they submit via the
Promotion including but not limited to comments, recordings and images (Content). The Promoter
or the Business shall not be liable in any way for such Content to the full extent permitted by law.
The Promoter may remove or decline to publish any Content without notice for any reason
whatsoever.
31. As a condition of entering the Promotion, each entrant licenses and grants the Promoter, the
Business and the Promoter and Business’ affiliates and sub-licensees a non-exclusive, royalty-free,
perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish
and display their entry (which shall include Content) for any purpose, including but not limited to
future promotional, marketing or publicity purposes, in any media, without compensation, restriction
on use, attribution or liability.
32. Entrants consent to the Promoter and the Business using their name, likeness, image and/or voice
in the event they are a winner (including photograph, film and/or recording of the same) in any media
for a reasonable period without remuneration for the purpose of promoting the Promotion (including
any outcome), and promoting any products manufactured, distributed and/or supplied by the
Promoter or the Business in connection with the Promotion.
33. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or
modify the statutory consumer guarantees as provided under the Competition and Consumer Act
2010 (Cth), as well as any other implied warranties under the Australian Securities and Investments
Commission Act 2001 (Cth) or similar consumer protection laws in the States and Territories of
Australia (Non-Excludable Guarantees). Except for any liability that cannot by law be excluded,
including the Non-Excludable Guarantees, the Promoter (including their respective officers,
employees and agents) exclude all liability (including negligence), for any personal injury; or any loss
or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising
in any way out of the Promotion.
34. Except or any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the
Promoter (including their respective officers, employees and agents) are not responsible for and
excludes all liability (including negligence), for any personal injury; or any loss or damage (including
loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of:
a. any technical difficulties or equipment malfunction (whether or not under the Promoter’s
control);
b. any theft, unauthorised access or third-party interference;
c. any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not
after their receipt by the Promoter) due to any reason beyond the reasonable control of the
Promoter;
d. any variation in prize value to that stated in these Terms and Conditions;
e. any tax liability incurred by a winner or entrant; or
f. taking of the prize/attendance at the prize event.
35. The laws of Australia apply to this Promotion to the exclusion of any other law. Entrants submit to
the exclusive jurisdiction of the courts of Melbourne, Victoria Australia.
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