The Australia Day Harbour Parade 2018 (“the Parade”) is to be held on Thursday, 26 January 2018 at 12.45pm.
2. Procession Course
The procession course for the Parade (“Procession Course”) will be held in Sydney Harbour. ADCNSW reserves the right to alter the Parade course at any time. ADCNSW agrees to the best of their ability to have a map of the parade on the website www.australiaday.com.au prior to the parade commencing.
The Australia Day Council of NSW (“ADCNSW”) reserves the right to alter the Procession Course at any time and at its absolute discretion.
All vessels that register for the Australia Day Harbour Parade by 12:00pm Monday 23 January 2018 will automatically be eligible to be awarded Best Dressed Vessel prizes. A registration form must be completed on the ADCNSW website www.australiaday.com.au by 12.00pm 23 January 2018 noting the vessel to be entered in the Australia Day Harbour Parade (“Participating Vessel”) and the individual who is to be the responsible vessel operator during the Parade (“Master”). The registration form must be completed by the Master.
If a Master will be under 18 years of age on 26 January 2018, a Parental Consent Form must be completed and signed by the Master’s parents and/or guardians and returned to the ADCNSW with the registration form. To obtain a Parental Consent Form please email [email protected]
A briefing for Masters will be held at the Australian National Maritime Museum Theatre on Monday, 22 January 2018 at 5.30pm. Attendance for the master and other persons who are to be present on the Participating Vessels during the Parade (“Participants”) at this briefing is encouraged.
5. Safety & Insurance
It is the responsibility of each Master to assess what safety standards for the Participating Vessel and insurance arrangements are necessary and appropriate for the Parade. It is the responsibility of the Master to ensure that such arrangements are put in place.
All expenses associated with participation in the Parade are the responsibility of the Master.
7. JUDGING & PRIZES FOR BEST DRESSED VESSELS
The Best Dressed Vessels within the Parade will be judged by a panel consisting of ADCNSW representatives (“ADCNSW Panel”).
Three prizes will be awarded to eligible vessels in the general category. First prize will be $1000. Second prize will be $600. Third prize will be $400. Additional prizes may be added by ADCNSW.
Each prize awarded to a Participating Vessel will be provided to the Master for that Participating Vessel as identified on the registration form at a time and place specified by the ADCNSW Panel. If, for any reason, the Master does not accept the prize at the time and place specified by the ADCNSW Panel, then the prize will be forfeited.
The decision of the ADCNSW Panel will be final and will not be subject to review.
The entrant acknowledges that the ADCNSW will not enter into any correspondence regarding the result.
ADCNSW reserves the right to vary the prize value stated in clause 5.2 at any time and at its absolute discretion.
Any Participating Vessel which is disqualified from the Parade will not be eligible to win a prize.
The ADCNSW Panel may disqualify a Participating Vessel if, in the opinion of the ADCNSW Panel, a Participating Vessel or a Master or Participant on a Participating Vessel has failed to comply with or breached a Parade Rule set out in clause 6 below.
8. PARADE RULES
In order to be eligible to win a prize, a Participating Vessel must complete the entire Procession Course.
The Master must comply with, and ensure that all Participants comply with, any direction given by an employee of NSW Maritime or a Boating Safety Officer.
The Master must comply with advice given by the Parade Director, where it is safe to do so (as outlined in Clause 8).
The Parade will have a maximum speed of 6 knots. Participating Vessels must not exceed this speed.
Masters and Participants must not interfere in any way with another Participating Vessel or the decorations on another Participating Vessel.
Participating Vessels agree to display Australia Day or Australia Day Sponsor’s signage, banners or related materials that are supplied by ADCNSW.
Without written approval of the Australia Day Council of NSW, Participating Vessels must not display decorations, including images or signage, which contain:
logos or branding of a commercial nature; or
material unsuitable for a family event, including material which is, or could be taken by a reasonable person to be, offensive, discriminatory or sexually explicit.
Master and Participants must not engage in behaviour which is unsuitable for a family event including behaviour which is, or could be taken by a reasonable person to be, offensive, discriminatory or sexually explicit.
9. PROMOTIONAL ACTIVITIES
The Master and Participants of a Participating Vessel which is awarded a prize agree to participate and cooperate as may be reasonably required by the ADCNSW in activities relating to the promotion of the Australia Day Program in 2018 and in subsequent years, including, but not limited to, participating in interviews and still and moving photography.
The Master grants the State of New South Wales the right to use (and to allow others to use) the Master’s name and likeness and the Vessel’s name and image for promotion and advertising purposes, including to promote and advertise the Parade, Australia Day nationally, future Australia Day events and the ADCNSW.
The Master agrees to obtain the permission of all Participants on the Master’s vessel (including, where the Participants are under 18 years of age, necessary parental permission) for the State of New South Wales to use (and to allow others to use) the Participants’ names and likenesses for promotion and advertising purposes, including to promote and advertise the Parade, Australia Day nationally, future Australia Day events and the ADCNSW.
As between the Master, Participants and ADCNSW, the Master and/or Participants, as the case may be, will retain ownership in any copyright in vessel decorations.
The Master grants the State of New South Wales an irrevocable, perpetual, royalty-free, transferable and worldwide non-exclusive licence (with right to sub-licence) to reproduce, publish, communicate to the public, adapt and otherwise exploit the vessel decorations, including any artistic or literary works contained therein, in all media whether known now or developed in the future and without any requirement to attribute such works to the creator or author.
To the extent that copyright in the vessel decorations may be owned by Participants or other persons, the Master agrees to obtain from the copyright owner a licence in favour of the State of New South Wales with respect to the copyright material on the same terms as set out in clause 7.5 above.
The State of New South Wales does not take responsibility for any use of images of vessel decorations by any other person.
10. COMPLIANCE WITH NSW MARITIME SAFETY LEGISLATION
The Master must comply with, and ensure that all Participants comply with, all relevant laws in operation in the State of New South Wales, including, without limitation, all laws contained in:
The Master is reminded that under New South Wales law:
it is an offence:
i. to operate a vessel (including, to be towed by a vessel, to act as an observer on a vessel of any person being towed by the vessel or supervise a juvenile operator of a motor vessel) under the influence of alcohol or any other drug;
ii. to operate an unsafe vessel;
iii. to operate a vessel negligently, recklessly or at a speed or in a manner dangerous to the public;
iv. to operate or make other use of a vessel in a manner that interferes unreasonably with the lawful use of those waters by other persons,
the operator of a sailing vessel must keep out of the way of, and a safe distance from, a vessel displaying an orange diamond (including Manly, First Fleet and Lady Class Ferries);
the operator of a vessel must ensure the vessel carries the safety equipment specified in Schedule 5 of the Regulations.
The Master is further reminded of the terms of Schedule 2 of the Regulations.
Nothing in these Rules shall exonerate any vessel, or the owner, master or crew thereof, from the consequences of any neglect to comply with these Rules or of the neglect of any precaution which may be required by the ordinary practice of seamen, or the special circumstances of the case.
In construing and complying with these Rules due regard shall be had to all dangers of navigation and collision and to any special circumstances, including the limitations of the vessels involved, which may make a departure from these Rules necessary to avoid immediate danger.”
11. WARRANTIES, INDEMNITY & RELEASE
The Master warrants that:
the Master has considered what insurance arrangements (including with respect to the Participating Vessel, the Master, Participants and third parties) are necessary and appropriate for the Parade and had made such arrangements as are appropriate;
the Participating Vessel carries and will carry during the Parade, the minimum safety equipment specified in Schedule 5 of the Regulation and that such safety equipment complies with the minimum standards for safety equipment set out in Schedule 4 of the Regulation;
prior to the Parade the Master will obtain from each Participant on the Master’s vessel permission (including, where the Participants are under 18 years of age, necessary parental permission) for the State of New South Wales to use (and to allow others to use) the Participants’ names and likenesses for promotion and
advertising purposes, including to promote and advertise the Parade, Australia Day nationally, future Australia Day events and the ADCNSW;
to the extent that copyright in the vessel decorations may be owned by Participants or other persons, the Master will obtain from the copyright owner a licence in favour of the State of New South Wales with respect to the copyright material on the same terms as set out in clause 7.5 above; and
in Participating in the Parade the Master will comply with, and ensure all Participants, comply with:
all relevant laws in operation in the State of New South Wales; and
these Terms and Condition, including the Parade Rules.
Except for any liability that cannot be excluded by law, the State of New South Wales (including, but not limited to, any officer, employee, contractor or agent of the State of New South Wales) excludes all liability (including negligence, and whether advised or aware of the possibility of that liability), for any personal injury, death, or any loss or damage (including loss of opportunity), whether direct, indirect, special or consequential, arising in any way out of or connected to the Parade, including, but not limited to, where arising out of:
any technical difficulties or equipment malfunction;
any collision, including a collision of any Participating Vessel into any other vessel, obstruction, land or object;
any weather related event;
any tax liability incurred by any winner or participant;
any unauthorised use of images, including images of the Participating Vessel, Master, Participant or material subject to copyright; and
any variation of these terms and conditions.
The Master must indemnify and keep indemnified the State of New South Wales and any manifestations of the State of New South Wales, including, but not limited to, the ADCNSW, the Department of Premier and Cabinet, NSW Maritime and their officers, employees and contractors (“those indemnified”) from and against all proceedings, actions, claims, suits, demands, losses, costs including legal costs, expenses and damages which may be brought by any Participant on the Master’s vessel against any of those indemnified as a result of:
any personal injury, death, or any loss or damage (including loss of opportunity), whether direct, indirect, special or consequential;
any infringement or alleged infringement of an intellectual property right (including copyright and moral rights), arising in any way out of or connected to the Parade.