2020-21 Accreditation Terms and Conditions
Please note:
The Part A – General Terms apply to all applicants (excluding signatories to the Code of Practice of Sports News Reporting).
The Part B – Code Terms apply to representatives of signatories to the Code of Practice of Sports News Reporting (see page 8). The signatories are as follows:
1. Agence France-Presse (AFP) 2. APN News & Media 3. Associated Press 4. Australian Assoc. Press 5. Fairfax Media (SMH, Age, Fin Review, Brisbane Times) 6. Getty Images 7. News International (Sun, Sunday Times, The Times, News of the World) 8. News Corp (The Australian, The Daily Telegraph, The Courier Mail, Herald Sun, The Advertiser, The Mercury, Townsville Bulletin, NT News, Daily Mercury, The Observer, The Morning Bulletin, Fraser Coast Chronicle, News- Mail, Gympie Times, Sunshine Coast Daily, Queensland Times, The Chronicle, Warwick Daily News, Northern Star, Daily Examiner) 9. Perform 10. The Daily Mail 11. The Daily Telegraph 12. The Guardian 13. The Independent 14. The Independent on Sunday 15. The Observer 16. The Sunday Telegraph 17. WA Newspapers Limited (The West Australian and The Sunday Times) 18. Thomson Reuters (i.e. English Regionals)
2020-21 Accreditation Terms and Conditions
PART A – General Terms (e) not breach the intellectual property rights of any person involved in the staging of a Match; Accreditation – Venue Access (f) not at any time permit, encourage or allow any Cricket Australia (CA) is a not-for-profit body with person under the age of eighteen (18) to enter into any responsibility for the development of the game of cricket media facility areas at the Venue without the prior written in Australia. CA has the exclusive right to determine the consent of CA; terms on which access is granted to the Venues. (g) conduct themselves in a manner that will not bring These Cricket Australia Accreditation Terms and the Match, CA and/or the game of cricket into disrepute; Conditions (Terms) set out the terms on which CA grants and the Applicant with accreditation for access to a Venue. These Terms apply to all Venue accreditation other than (h) conduct themselves in a way that will not cause applicants for Media Accreditation for signatories to the offence to, or otherwise inhibit the enjoyment of, any Code of Practice of Sports News Reporting (for whom other person, including other accredited personnel, separate terms apply). media, rights holders, players, teams or patrons at the Venue. Nothing in these Terms limits the rights of the Applicant under the Copyright Act 1968 (Cth) and CA reserves its 1.1A Australian Cricket Biosecurity Requirements right to take any action under the Copyright Act 1968 (Cth). (a) The Applicant must comply with all applicable Australian Cricket Biosecurity Requirements 1. General Obligations including (but not limited to): (i) complying with Australian Cricket
requirements regarding social gathering, 1.1 Conduct social distancing and the wearing of
personal protective equipment while in and The Applicant will: around the Venue;
(ii) completing all biosecurity and other related (a) comply with, and agrees to, these Terms, the Ticket training as required by CA; and Entry Conditions (available at cricket.com.au/tickets) (iii) complying with all directions regarding and any other conditions of entry applicable to the undertaking daily medical protocols or daily Venues as prescribed from time to time by CA, to the illness monitoring (as applicable); extent those terms of entry do not directly and materially (iv) complying with protocols for responding to a conflict with the rights set out in these Terms; case (or suspected case) of COVID-19;
(v) remaining within applicable designated (b) abide by all lawful directions from a CA Authorised zones at all times while in the Venue; and Person while in the Venue, including but not limited to the (vi) abiding by all lawful and reasonable times and areas of access to the Venue, and will not directions of CA relating to minimising the enter the field of play at the Venue whether before, risk of transmission of COVID-19 or during or after the conduct of a Match at the Venue otherwise related to the biosecurity of the without prior written approval of a CA Authorised Person; Venue.
(c) at all times while within the Venue: (b) The Applicant acknowledges that there remains an (i) wear such identifying badge, pass and/or unquantifiable risk of transmission of viral illness vest as may be provided by CA and ensure that including COVID-19 and that COVID-19 may have such badge, pass and/or vest is visible at all very serious health consequences for certain times; people. By attending the Venue, the Applicant (ii) not tamper with or obscure any items acknowledges that they have considered those risks described in (c)(i) above and return such items to and their own personal circumstances, including any CA immediately upon request; health condition or vulnerability that Applicant may
have, and the circumstances of persons with whom (d) if a holder of Media Accreditation, not be prohibited the Applicant will be in close contact following from wearing standard-sized insignia on their clothing attendance at the Venue. solely for identification;
2020-21 Accreditation Terms and Conditions
1.2 Indemnity, Risk and Access without being liable to compensate the Applicant or any other person. (a) The Applicant agrees to indemnify and hold harmless CA, the State/Territory Associations, the (c) All accreditation devices (including passes, badges Venue, the League Teams and each of their employees, and vests) remain the property of CA. In the event of a contractors, officers and agents against any loss, claim, breach of any of these Terms, accreditation devices expense or damage to CA, the State/Territory shall, on request by a CA Authorised Person, be returned Associations, the Venue, the League Teams or any of immediately to CA. their employees, contractors officers and agents resulting from a breach of these Terms by the Applicant (whether 1.5 Minimum Age Requirement or not the Applicant is acting within the scope of any employment or contract) or resulting from the revocation Unless the following requirement is otherwise permitted of accreditation by CA. or waived by CA in its absolute discretion, the Applicant warrants and represents to CA that the Applicant is or will (b) The Applicant acknowledges and agrees that the be over the age of eighteen (18) prior to attending any Applicant shall move in and around the Venue at their Venue under these Terms and the Applicant agrees that own risk. CA may revoke the accreditation at any time in its absolute discretion if the Applicant is not over the age of (c) Access to the Venue will be refused and/or eighteen (18) at the time of attending any Venue. accreditation will be revoked if the Applicant, in the opinion of CA, is noticeably under the influence of 1.6 Anti-Corruption alcohol, narcotics, stimulants or any behaviour- modifying substance, is behaving or is likely to behave violently, The Applicant acknowledges that CA and the harmfully or in a manner contrary to public order, or if the International Cricket Council (ICC) have policies and Applicant’s appearance or behaviour negatively affects procedures in place to guard against conduct of a corrupt the public standing of the Match or CA. nature in relation to cricket.
(d) The Applicant is strictly prohibited from using, In respect of all accreditation, the Applicant: possessing or holding promotional or commercial, political, religious or racist objects and materials, offering (a) agrees that any information the Applicant obtains by to sell, selling or possessing with intent to sell goods virtue of their accreditation will only be used for bona fide such as drinks, food, souvenirs, clothes, promotional news editorial reporting and will not be used by the and/or commercial items at any time in or at the Venue. Applicant for betting on the outcome of a Match or any All such items may be removed or temporarily element of a Match or to induce any other person to do confiscated by stewards and/or any other duly authorised the same; and persons. (b) consents to CA disclosing the Personal Information 1.3 Accreditation Not Transferable (as defined in the Privacy Act 1988 (Cth)) of the Applicant to third parties (including sports betting providers) for the The Applicant acknowledges and agrees that any rights purpose of monitoring compliance with their obligations in connection with the accreditation granted to the under these Terms or for any other purpose permitted by Applicant cannot, without the prior consent of CA, be law. loaned, transferred, licensed or in any other way assigned to another person or entity for any purpose whatsoever. 1.7 Use of Attributes
1.4 Grant of Request The Applicant agrees that use may be made by CA, the State/Territory Associations, the League Teams and CA’s (a) Failure to abide by these Terms and/or any request commercial partners (including the ICC and any official by a CA Authorised Person will result in the Applicant’s sponsor, official supplier, broadcaster or licensee) accreditation being revoked. without compensation to the Applicant of any kind, of the Applicant’s name, voice, image and/or likeness (including (b) CA may grant or reject the request for accreditation but not limited to video, audio and audio-visual in its absolute discretion and may impose such further recordings): terms and conditions as it determines are necessary in its absolute discretion (including during a Match). Once (a) at the Venue (including on vision screens throughout granted, CA may revoke the accreditation at any time in the Match); and/or its absolute discretion without providing reasons and
2020-21 Accreditation Terms and Conditions
(b) commercially, throughout the world and in (c) creating or developing or in any way exploiting a perpetuity, by any means. database or archive or any amount of Text or Data or Photographs taken or sourced at or within a Venue for 1.8 Collection Statement and Privacy Policy use or sale by the Applicant or any other person for any purpose other than for bona fide news editorial reporting The Applicant agrees to the terms of the Cricket Australia purposes only, which bona fide purposes, for the Collection Statement (at cricket.com.au/ collection- avoidance of doubt, shall not include: statement) and Privacy Policy (at cricket.com.au/privacy). (i) the right to publish or permit the publication on 1.9 Additional directions and policies the Internet or any Mobile Device of any live or near live scoring or any rich data, including by way of CA may issue further directions, conditions and policies data feeds (xml, etc) either transmitted or directly relating to accreditation and Venue access (which may sourced by any person within or at a Venue; or apply to specific applicants), and the Applicant must comply with any such specific directions, conditions and (ii) the right to sell, commercialise or syndicate any policies which will be incorporated into these Terms. Text or Data or Photographs for any printed newspaper, sports-related magazine, wireless 1.10 Amendment service or Internet website other than the specific printed newspaper, sports-related magazine or CA may make amendments to these Terms from time to Website (subject to clauses 2.1(b)(ii), 2.2(b)(ii) and time at its sole discretion and without notice. 2.3(b)(ii)) owned by the Applicant for which Media Accreditation has been specifically granted. 2. Specific Obligations for Media Accreditation Only For the avoidance of doubt ball-by-ball and over-by- over updates produced or sourced in any part or manner The following provisions of the Terms apply in respect of within or at a Venue for transmission via the radio, the Media Accreditation only and deal with different types of Internet or via any form of Mobile Device (including content relating to a Match played at a Venue. These mobile telephones) or other related devices or by way of provisions list what the Applicant may do with content any wireless service from within the Venue are strictly that is recorded or produced within or at a Venue. Any prohibited. rights not specifically granted to the Applicant are expressly reserved to CA. These provisions are subject 2.1 Text to the Applicant’s request for accreditation in relation to each type of content being granted by CA. (a) The Applicant will be entitled to produce and, Except as specifically permitted in accordance with the subject to clause 2(c) above and paragraph (b) of this terms of clauses 2.1, 2.2 and 2.3 below, the Applicant is sub-clause, publish Text relating to a Match, the Venue, prohibited from: attendees or activities at the Venue. Text may include, (a) recording, broadcasting or transmitting or assisting but must not solely comprise, team and/or individual any person to record, broadcast or transmit from within or scores and statistics. at a Venue by any means whatsoever any Video or other moving images, Photographs, sounds (including (b) Subject in all cases to clause 2(c) above: commentary), Data, Text (including results, scores or (i) Text generated within the Venue may be commentary of or concerning any of the Matches, or the transmitted from the Venue to an outside agency at Venue, attendees or any activity at any Match) without any time for publication in printed newspapers or the prior written consent of CA (which may be withheld in sports-related magazines; and its absolute discretion); (ii) Text may be transmitted from the Venue to an outside agency for publication (by that agency or (b) selling, licensing, distributing or otherwise any third party recipient) on a Website provided that publishing, disseminating or reproducing for any purpose such Website is not updated with any Text (commercial or otherwise), whether in whole or in part, (including, for the avoidance of doubt, Text any recordings relating to a Match, a Venue, attendees or transmitted from the Venue) more than 10 times per any activity at any Match taken or made inside or at a hour during play on any one day of any Match. Venue (including, without limitation, Photographs, Video recordings or sound recordings) without the prior written (c) For the avoidance of doubt, the transmission of Text consent of CA (which may be withheld in its absolute from within the Venue either directly to, or to an outside discretion); and agency for the purpose of retransmission to or display on, Mobile Devices is expressly prohibited (including by way
2020-21 Accreditation Terms and Conditions of transmission to any Mobile Device through a “push” live ball-by-ball or over-by-over scoring service, or other service). This does not restrict the transmission of Text to statistics service, for Matches using Data or Text Websites that are accessible by Mobile Devices solely as transmitted from the Venue. a result of being available on the internet (including m- sites, provided the m-site is not developed solely for 2.3 Photographs delivery of cricket on Mobile Devices). Transmission of SMS direct to Mobile Devices promoting the Applicant’s (a) The Applicant will be entitled to take and, subject to coverage of the day’s play is acceptable, provided the clause 2(c) above and paragraph (b) of this sub- clause, SMS does not feature any Text, Data, Photography, publish Photographs taken within the Venue. Audio or Video sourced from within the Venue. (b) Subject in all cases to clause 2(c) above and further 2.2 Data subject to paragraph (c) of this sub-clause, Photographs taken within the Venue may be transmitted from the (a) The Applicant will be entitled to capture, produce Venue to an outside agency for publication (by that and, subject to clause 2(c) above and paragraph (b) of agency or any third party recipient): this sub-clause, publish Data relating to a Match, the Venue, attendees or activities at the Venue. (i) in printed newspapers, sports-related magazines or other magazines with the prior written approval of (b) Subject in all cases to clause 2(c) above: CA; and/or
(i) Data that is captured or produced within the (ii) on a Website provided that such Website is not Venue may be transmitted from the Venue to an updated with any Photographs (including, for the outside agency at any time for publication in printed avoidance of doubt, Photographs transmitted from newspapers or sports- related magazines; and the Venue by any other employee or agent of the applicant’s employer and/or principal) more than 10 (ii) Data may be transmitted from the Venue to an times per hour (with a reasonable number of outside agency for publication (by that agency or photographs displayed at any one time, but in no any third party recipient) on a Website provided that circumstances more than 30 photographs) during such Website is not updated with any Data play on any one day of any Match. (including, for the avoidance of doubt, Data transmitted from the Venue) more than 10 times per (c) The right to publish Photographs under paragraph hour during play on any one day of any Match. (b) of this sub-clause is subject to the Applicant being prohibited in all circumstances from permitting the use of (c) For the avoidance of doubt, the transmission of Data Photographs in any manner that suggests an from within the Venue either directly to, or to an outside endorsement or “sponsorship” of Cricket Australia, official agency for the purpose of retransmission to or display on, cricket activities, any Australian Team or any member of Mobile Devices is expressly prohibited (including by way any Australian Team by any third party which, for the of transmission to any Mobile Device through a “push” avoidance of doubt, shall include the use of any service). This does not restrict the transmission of Data Photograph in connection with, or in the same creative to Websites that are accessible by Mobile Devices solely as, any third party, name brand or logo (e.g. promoting as a result of being available on the internet (including m- the Photograph as the “XYZ pic of the day” or by in any sites, provided the m-site is not developed solely for way including any corporate logo or other designation of delivery of cricket on Mobile Devices). any third party in close proximity to the Photograph that would in any manner suggest any association between Transmission of SMS direct to Mobile Devices promoting that third party and the Photograph or subject of the the Applicant’s coverage of the day’s play is acceptable, Photograph). provided the SMS does not feature any Text, Data, Photography, Audio or Video sourced from within the (d) For the avoidance of doubt, the transmission of Venue. Photographs from within the Venue either directly to, or to an outside agency for the purpose of retransmission to (d) Notwithstanding clause 2.1(b) and 2.2(b) above, the or display on, Mobile Devices is expressly prohibited Applicant agrees that in no circumstances shall any (including by way of transmission to any Mobile Device Website be updated with any team and/or individual through a “push” service). This does not restrict the scores or other statistics from any source more than 10 transmission of Photographs to Websites that are times per hour during play on any one day of any Match. accessible by Mobile Devices solely as a result of being available on the internet (including m-sites, provided the (e) For the avoidance of doubt, the Applicant is m-site is not developed solely for delivery of cricket on prohibited from transmitting any dedicated live or near Mobile Devices). Transmission of SMS direct to Mobile Devices promoting the applicant and their
2020-21 Accreditation Terms and Conditions employer/principal’s coverage of the day’s play is and/or transmitting an official CA media conference, acceptable, provided the SMS does not feature any Text, without the express prior written consent of CA (which Data, Photography, Audio or Video sourced from within may be withheld in its absolute discretion). the Venue. 3. Definitions (e) The Applicant agrees that the Photographs must not be used for any Commercial Purpose whatsoever without Applicant means the applicant for accreditation under the prior written consent of CA (which may be withheld in these Terms, and includes, without limitation, the its absolute discretion). Applicant, their employer and/or any principal.
(g) The Applicant will not knowingly sell or supply any Australian Cricket Biosecurity Requirements means Photographs to any third party who intends to use any any CA policy, protocol, plan or direction related to Photograph for a Commercial Purpose and will procure managing biosecurity risks (including the risk of the prior written agreement of any third party to whom the transmission of COVID-19) at Venues. Applicant licences, sells or supplies any Photograph not Audio means and includes any sounds from within a to use any Photograph for a Commercial Purpose. Venue and any commentary or verbal description of a Match. 2.4 General CA Authorised Person means any of CA and its For the avoidance of doubt, the Applicant shall not be respective management, staff, officials, representatives, permitted to (i) sell or distribute copies of Photographs to officers and volunteers. members of the public on any condition without the express written consent of CA (which may be withheld in Commercial Purposes includes, but is not limited to: its absolute discretion) or (ii) use, publish, disseminate or reproduce or sell, licence or distribute for use or (a) promotions or any promotional materials (other than publication by any third party any Photographs, Text or the promotion of editorial coverage of cricket matches Data (in each case taken or sourced or transmitted from and/or series in newspapers, magazines and broadcast or produced or generated in or at a Venue) other than and other editorial service, and point- of-sale promotion solely for bona fide editorial use or purpose solely by for such coverage as long as such point-of-sale bona fide media organisations in bona fide newspapers promotional materials are not sold or distributed to or sports- related magazines or on official on-line website members of the public and provided always that such versions of such printed newspaper or sports-related promotional activity shall not be conducted through magazine, or any other CA approved Website (subject to Mobile Devices); clauses 2.1(b)(ii), 2.2(b)(ii) and 2.3(b)(ii)), provided, in the case of Websites, those Websites must not be updated (b) advertising (including advertorials); or with any Photographs, Text or Data sourced from within or at a Venue more than 10 times per hour in any one (c) merchandising purposes including, day of any Match. The Applicant will not use or publish, without limitation, the following: or else licence, sell or supply to any third party any Photographs, Text or Data (in each case taken or • calendars; sourced or transmitted from or produced or generated in • animations, avatars and invitations; or at a Venue) to anyone for any Commercial Purpose. • books (including autobiographies); • packaging; 2.5 Audio • collector cards;
• posters (other than with the prior written The Applicant agrees not to record and/or transmit any approval of CA, those that form part of a Audio from within or at the Venue other than solely newspaper or sports-related magazine of the recording and/or transmitting an official CA media same size and with print on the reverse and that conference without the express prior written consent of include the corporate logos of CA and any major CA. For the avoidance of doubt, the streaming or other sponsor of CA (as designated by CA) and no transmission of Audio provided live or near live updates other logos or designations of any third party or or match commentary (i.e. ball by ball coverage) is other memorabilia); prohibited. • stickers;
• pop-up, stand-up or other cards; 2.6 Video / footage • competitions; The Applicant agrees not to record and/or transmit any • recordings; Video from within the Venue other than solely recording • videos and films;
2020-21 Accreditation Terms and Conditions
• advertisements, promotional and point-of-sale Photograph means any single still visual image and/or material; material or information capable of being converted into a • games (including computer games); still visual image relating to a Match, Venues, attendees • software including applications for Mobile and any activities at the Matches or Venues. Devices; • clothing; Text means all forms of written material relating to a • memorabilia; Match, Venues, attendees and any activities at the • merchandise; or Matches or Venues (other than Data) and includes • on Websites (other than provided under the descriptions of play. terms of the accreditation), Venue means any cricket ground at which a Match is (d) subject to these Terms, any use that generates played and includes any area or facility at or around such financial value to the person or organization using the cricket ground where access is controlled by CA, and any Text, Data and/or Photographs solely as a result of such other venue, area or place where a person is required to use, except as otherwise approved by CA in writing; hold accreditation as a condition of entry pursuant to the Australian Cricket Biosecurity Requirements (including (e) any use that in any manner that suggests an for example, training venues and player/support staff endorsement by or sponsorship of CA, State/Territory accommodation). Cricket Associations, the League, official cricket activities, any Australian, State or League Team or any Video means any moving visual image or any series member of any Australian, State/Territory or League (being at least two) and/or any collection of single still Team; or images and/or information image or frame made available to simulate a moving visual image. (f) any use in connection with any third party or in any manner promoting or being associated with any third Website means an official on-line website version of a party unless with the prior written approval of CA (which printed newspaper or sport-related magazine or any may be withheld in its absolute discretion). other CA-approved website, in each case forming part of the world wide web and/or Internet with a unique Data means and includes all data, information and URL/domain displaying Text, Data and Photographs for statistics of whatever nature relating to a Match, Venues, editorial use only (as described in clause 2.4) and not for attendees and any activities at the Matches or Venues. any Commercial Purpose.
Internet means the global network of computer systems using TCP/IP protocols including without limitation the World Wide Web.
League means the competitions currently known as the KFC Big Bash League and the Rebel Women’s Big Bash League, or as they may otherwise come to be known in the future.
League Teams means any team that participates in the League.
Match means a cricket match played (but not necessarily completed) under the control or auspices of CA.
Media Accreditation means the accreditation granted to any Applicant by CA for the purposes of sports news reporting but not accreditation granted under the Code of Practice of Sports News Reporting.
Mobile Devices means any portable or wearable device (whether now existing or hereafter invented) capable of being used while in motion and receiving and/or displaying Text, Data, Photographs, Audio and/or Video by means of a wireless service.
2020-21 Accreditation Terms and Conditions
PART B – Signatories to the Code of (i) wear such identifying badge, pass, vest and/or other accreditation device as may be provided by Practice of Sports News Reporting CA and ensure that such badge, pass, vest and/or other accreditation device is visible at all times; Media Accreditation (ii) not tamper with or obscure any items described Cricket Australia (CA) is a not-for-profit body with in (c)(i) above and return such items to CA responsibility for the development of the game of cricket immediately upon request; in Australia. CA has the exclusive right to determine the terms on which patrons and media are granted access to (d) not be prohibited from wearing standard-sized Venues during a Cricket Season. insignia on their clothing solely to identify them as employees or contractors of the employer and/or Nothing in these Terms limits the rights of the Applicant principal; and their employer and/or principal (separately and together, the Applicant) pursuant to the Copyright Act (e) not breach the intellectual property rights of any 1968 (Cth). person involved in the staging of a Match;
These Terms set out the terms on which CA grants the (f) not at any time permit, encourage or allow any Applicant with accreditation for access to the Venues. person under the age of eighteen (18) to enter into any media facility areas at the Venue without the prior written Notwithstanding any provisions of these Terms, CA consent of CA; reserves its right to take any action under the Copyright Act 1968 (Cth) and these Terms do not in any way limit (g) to conduct themselves in a manner that will not bring its ability to exercise those rights. the Match and/or the game of cricket into disrepute; and
The parties are signatories to the Code of Practice for (h) conduct themselves in a way that will not cause Sports News Reporting (the Code). These Terms reflect offence to, or otherwise inhibit the enjoyment of, other the spirit and embody the principles of the Code. media, rights holders, players, teams or patrons at the Venue. For the avoidance of doubt, Clauses 3.1(b), 3.2(b), 3.3(b), 3.3(e) and 3.4 of these Terms shall apply only to 1.1A Australian Cricket Biosecurity Requirements Text, Data or Photographs transmitted from or taken by any person in a Venue or sourced by any person from (a) The Applicant must comply with all applicable within a Venue, or produced or generated by any person Australian Cricket Biosecurity Requirements, from within a Venue. including (but not limited to): (i) complying with Australian Cricket 1. General Obligations requirements regarding social gathering, social distancing and the wearing of 1.1 Conduct personal protective equipment while in and around the Venue; The Applicant will: (ii) completing all biosecurity and other related training as required by CA; (a) comply with, and agrees to, these Terms, the Ticket (iii) complying with all directions regarding and Entry Conditions (available at cricket.com.au/tickets) undertaking daily medical protocols or daily and any other conditions of entry applicable to the illness monitoring (as applicable); Venues as prescribed from time to time by CA, to the (iv) complying with protocols for responding to a extent those terms of entry do not directly and materially case (or suspected case) of COVID-19; conflict with the rights set out in these Terms; (v) remaining within applicable designated zones at all times while in the Venue; and (b) abide by all lawful and reasonable directions of CA (vi) abiding by all lawful and reasonable while in the Venues, including but not limited to the times directions of CA relating to minimising the and areas of access to the Venues, and will not enter the risk of transmission of COVID-19 or field of play at the Venue whether before, during or after otherwise related to the biosecurity of the the conduct of a Match at the Venue without prior written Venue. approval of the CA Media Manager; The Applicant acknowledges that there remains an (c) at all times while within the Venues: unquantifiable risk of transmission of viral illness including COVID-19 and that COVID-19 may have very
2020-21 Accreditation Terms and Conditions serious health consequences for certain people. By attending the Venue, the Applicant acknowledges that (a) Failure to abide by these Terms will result in the they have considered those risks and their own personal Applicant (and their respective employees’ and agents’) circumstances, including any health condition or accreditation being revoked. vulnerability that Applicant may have, and the circumstances of persons with whom the Applicant will be (b) CA has the right to grant or reject the request for in close contact following attendance at the Venue accreditation in its absolute discretion. In exercising this 1.2 Indemnity, Risk and Access discretion, CA may have regard to any matters including:
(a) The Applicant agrees to indemnify and hold (i) safety and security concerns; harmless CA, the State/Territory Cricket Associations, and the Venue and the League Teams and each of their (ii) genuine issues of space; employees, contractors, officers and agents against any loss, claim, expense or damage to CA and/or the (iii) the need to ensure representation across State/Territory Cricket Associations and/or Venue and/or international, national and local Media League Team or any of their employees, contractors, Organisations; and officers and agents resulting from a breach of these Terms by the Applicant (whether or not the Applicant is (iv) the reach of the Applicant’s coverage, and for acting within the scope of the Applicant’s employment or news agencies, the scale of client base. contract with the employer and/or principal) or their employer and/or principal or resulting from the revocation (c) CA may amend these Terms or impose further of accreditation by CA. terms and conditions on an Applicant’s accreditation in its absolute discretion. Once granted, CA may revoke the (b) The Applicant acknowledges and agrees that the accreditation at any time in its absolute discretion without Applicant shall move in and around the Venue at their being liable to compensate the Applicant or any other own risk. person.
(c) Access to the Venue will be refused to any person (d) All accreditation devices remain the property of CA. noticeably under the influence of alcohol, narcotics, In the event of a breach of any of these Terms, stimulants or any behaviour-modifying substance, or to accreditation devices shall, upon request by CA or by a any person behaving or likely to behave violently, CA Authorised Person, be delivered immediately to CA harmfully or in a manner contrary to public order. (or to the CA Authorised Person). Furthermore, access will be refused to any person whose appearance or behaviour negatively affects the public standing of the Match or CA.
(d) The Applicant is strictly prohibited from using, 1.5 Minimum Age Requirement possessing or holding promotional or commercial, political, religious or racist objects and materials, offering Unless the following requirement is otherwise permitted to sell, selling or possessing with intent to sell goods or waived by CA in its absolute discretion, the Applicant such as drinks, food, souvenirs, clothes, promotional warrants and represents to CA that the Applicant is or will and/or commercial items at any time in or at the Venue. be over the age of eighteen (18) prior to attending any All such items may be removed or temporarily Venue for the purposes of accreditation under these confiscated by stewards and/or any other duly authorised Terms and the Applicant agrees that CA may revoke the persons. accreditation at any time in its absolute discretion if the Applicant is not over the age of eighteen (18) at the time 1.3 Accreditation Not Transferable of attending any Venue.
The Applicant acknowledges that any accreditation 1.6 Anti-Corruption granted to the Applicant is personal to the Applicant and granted to the Applicant for the sole purpose of working The Applicant acknowledges that CA and the at a Match and, without the prior consent of CA, which International Cricket Council (ICC) have policies and may be withheld in its absolute discretion, any rights in procedures in place to guard against conduct of a corrupt connection with accreditation may not be loaned, nature in relation to cricket. In respect of all accreditation, transferred or in any other way licensed or assigned to the Applicant: another person or entity for any purpose whatsoever. (a) agrees that any information the Applicant obtains by 1.4 Grant of Request virtue of their accreditation will only be used for News
2020-21 Accreditation Terms and Conditions
Reporting and will not be used by the Applicant for recordings, moving image recordings or Audio betting on the outcome of a Match or any element of a recordings). Match or to induce any other person to do the same; and 2.3 Media Conferences (b) consents to CA disclosing details of the Applicant to CA monitoring agencies and/or sports betting or The Applicant may record and/or transmit any Video, wagering providers for the purpose of monitoring moving images and/or Audio from within or at the Venue compliance with their obligations under this clause 1.6. solely of an official CA media conference and not of any other occurrence at the Venue, subject to the Applicant 1.7 Use of Attributes complying with all reasonable directions of CA representatives. The Applicant agrees (to the extent permitted by applicable laws) that the Match is a public event and so 3. News Content agrees that incidental use may be made, free of charge, of the Applicant’s name, voice, image and likeness by 3.1 Text means of incidental coverage of the day’s play at a Venue by way of live or recorded Audio/Video display, (a) The Applicant will be entitled to produce and, broadcast or other transmission or recording, subject to clauses 3.4 and 3.5 below and paragraph Photographs or any other current and/or future media (b) of this sub-clause, publish Text relating to a Match, technologies from within or at a Venue. the Venue, attendees or activities at the Venue.
1.8 Collection Statement and Privacy Policy (b) Subject in all cases to clauses 3.4 and 3.5 below, Text generated within the Venue may be transmitted from The Applicant agrees to the terms of the Cricket Australia the Venue to an outside agency for publication (by that collection statement (at cricket.com.au/collection- agency or any third party recipient) for News Reporting statement) and Privacy Policy (at cricket.com.au/privacy). only provided that any Text (including, for the avoidance of doubt, Text transmitted from the Venue by any other 2. Video, Audio and Audio-visual Material employee or agent of the Applicant) is not published or updated more than is reasonable to provide News 2.1 General Reporting only, which, for the avoidance of doubt, does not include Text or Text updates, or Text and Data The following provisions apply in respect of any Video, updates together to approximate live or continuous other moving images and/or Audio relating to a Match coverage for the duration or a substantial period of a played at a Venue during a Cricket Season. Match.
Any rights not specifically granted to the Applicant are expressly reserved to CA. 3.2 Data
2.2 Limitations on Use (a) The Applicant will be entitled to capture, produce and, subject to clauses 3.4 and 3.5 below and paragraph Except as otherwise permitted by clause 2.3 below or (b) of this sub-clause, publish Data relating to a Match, permitted by the Copyright Act 1968 (Cth), the Applicant the Venue, attendees or activities at the Venue. is prohibited from: (b) Subject in all cases to clauses 3.4 and 3.5 below, (i) recording, broadcasting or transmitting or assisting Data that is captured or produced within the Venue may any person to record, broadcast or transmit from within or be transmitted from the Venue to an outside agency for at a Venue by any means whatsoever any Video or other publication (by that agency or any third party recipient) moving images and/or Audio (including or excluding for News Reporting only provided that any Data commentary) of or relating to a Match, a Venue, (including, for the avoidance of doubt, Data transmitted attendees or any activity at any Match; and from the Venue by any other employee or agent of the Applicant) is not published or updated more than is (ii) selling, licensing, distributing or otherwise reasonable to provide News Reporting only, which, for publishing, disseminating or reproducing for any purpose the avoidance of doubt, does not include Data or Data (commercial or otherwise), whether in whole or in part, updates or, Data and Text updates together, any recordings of or relating to a Match, a Venue, approximating live or continuous coverage for the attendees or any activity at any Match taken or made duration or a substantial period of a Match. inside or at a Venue (including, without limitation, Video 3.3 Photographs
2020-21 Accreditation Terms and Conditions
• on Websites (other than provided under the (a) The Applicant will be entitled to take and, subject to terms of the accreditation), clauses 3.4 and 3.5 below and paragraphs (b) and (c) of this sub-clause, publish Photographs taken within the (d) Except as otherwise permitted by law, under no Venue. circumstance shall the Applicant be able to use (or cause or permit to be used by any third party) any Photographs (b) Subject in all cases to the provisions of this clause in any book or other form of commercial publication 3.3 and clauses 3.4 and 3.5 below and further subject to (other than in respect of News Reporting) where such paragraph (c) of this sub-clause, Photographs taken Photographs, as used, include (i) any trademarks, logos within the Venue may be transmitted from the Venue to or other intellectual property of CA or (ii) an image of any an outside agency for publication (by that agency or any participant in any match played within or at a Venue, third party recipient) solely for News Reporting provided unless all clearances and consents have first been that any Photographs (including, for the avoidance of obtained in writing from CA and/or such participants, as doubt, Photographs transmitted from the Venue by any the case may be. other employee or agent of the Applicant) are not published or updated: (e) Subject at all times to the provisions of this clause 3.3 and clauses 3.4 and 3.5, the Applicant is permitted (i) more than is reasonable to provide News to sell Photographs taken within or at a Venue to Reporting only, which, for the avoidance of doubt, individual members of the public solely for their own non- does not include Photographs or Photograph commercial private purpose provided: updates approximating live or continuous coverage for the duration or a substantial period of a Match; or (i) the Applicant restricts the file size of digital Photographs to 2 megabytes and reproductions of (ii) to simulate Video of a Match or a part of a Match Photographs to no larger than 16” x 20”; and or anything that occurs within the Venue. (ii) the Applicant and/or their employer and/or (c) The Applicant agrees that there must be no use of principal hereby grants to CA, State/Territory Cricket Photographs for any Commercial Purpose and/or Use Associations and the Australian, State or League whatsoever without the prior written consent of CA (which Teams a non- exclusive, worldwide, royalty-free, may be withheld in its absolute discretion, it being agreed perpetual licence to use any Photograph taken that News Reporting is not a Commercial Purpose and/or within or at a Venue and published by the Applicant Use), including without limitation in or on: and/or third party licensee or recipient, for use in the non-commercial promotion of the game of cricket by • calendars; CA and State/Territory Cricket Associations, and the • animations, avatars and invitations; Australian, State or League Teams (e.g. use in • packaging; annual reports, policies, club membership initiatives, • collector cards game development promotions and on official • posters (other than those that form part of a websites) on a royalty-free basis i.e., free of charge. newspaper or sports-related magazine of the Any use other than those described in the preceding same size and with print on the reverse and with sentence, is subject to obtaining the approval of the no logos or designations of any third party other Applicant, which will not be unreasonably withheld; than CA or any sponsor of CA (as designated by and CA); • stickers; (iii) subject to subparagraph 3.3(e)(i), above, the • pop-up, stand-up or other cards; Applicant agrees to provide CA within a reasonable • competitions; time after publication and via a mechanic to be agreed between the parties, each Photograph taken • recordings; within or at a Venue by the Applicant and published • videos and films; by the Applicant and/or third party licensee or • advertisements, promotional and point-of- sale recipient, in accordance with these Terms. material;
games (including computer games); • 3.4 Archive • software, including applications for Mobile Devices (other than applications that are or will (a) The Applicant is prohibited from creating or be genuinely and ordinarily used for the developing or in any way exploiting a database or archive publication of News Content); or any amount of Text or Data or Photographs taken or • clothing; sourced at or within a Venue, or in any way exploiting • memorabilia; such a database, for use or sale by the Applicant for any • merchandise or
2020-21 Accreditation Terms and Conditions purpose other than solely for News Reporting purposes (b) The right to publish Data, Text and Photographs by the employer and/or principal of the Applicant only, under clause 3 is subject to the Applicant being which purposes, for the avoidance of doubt, shall not prohibited in all circumstances from permitting the use include the provision of a statistical service (but may whether itself or by third parties of Data, Text and include basic statistics for the purposes of News Photographs in any manner that suggests an Reporting) or any rich data, including by way of data endorsement, approval or “sponsorship” of, or an feeds (xml, etc), live or near live scoring or any other affiliation with, Cricket Australia, official cricket activities, feeds approximating live or continuous coverage for the any Australian Team or any member of any Australian duration or a substantial period of a Match. Team, any State/Territory Cricket Association or team, any League Teams or any member of any State or (b) A Media Organisation whose primary business is the Territory or League Team, by any third party which, for dissemination of news, or, whose primary business is the the avoidance of doubt, shall include the use of any such syndication of news and who, as part of its ordinary Data, Text and Photograph in connection with, or in the archiving practice, incorporates Text, Data or same creative as, any third party, name brand or logo Photographs taken or sourced at or within a Venue into a (e.g. promoting a Photograph as the “XYZ pic of the day” syndicated news wire, may archive Text, Data or or by in any way including any corporate logo or other Photographs taken or sourced at or within a Venue (the designation of any third party in close proximity to the Archived Material) provided that: Photograph that would in any manner suggest any association between that third party and the Photograph (i) access to and use of any Archived Material by or subject of the Photograph). the Applicant or any subscribers and/or customers of the Applicant are solely for News Reporting (c) The Applicant will not knowingly licence or sell or purposes in accordance with these Terms and the supply any Data, Text or Photograph to any third party Code, and which, for the avoidance of doubt, shall who intends to use the Data, Text or Photograph for a not include access to or use of any Archived Commercial Purpose and/or Use. The Applicant is Material for any Commercial Purpose and/or Use, responsible for enforcing this clause with respect to third unless with CA’s prior written consent; and parties, and the Applicant, if they licence, sell or supply any Text, Data or Photograph to any third party, will (ii) the Applicant may permit any subscribers and/or ensure that the third party agrees to and does comply customers of the Applicant to archive any Archived with, the requirement to (i) not use that Data, Text or Material provided that; Photograph for a Commercial Purpose and/or Use, and (A) the subscribers and/or customers are required to (ii) to comply consistently with these Terms and the comply with these Terms and the Code; and Code.
(B) the Applicant is responsible for enforcing this (d) Notwithstanding anything else in these Terms, clause 3.4 with respect to its subscribers and the sale or production or use of Photographs for customers as a matter of its standard business advertising or promotional or merchandising purposes, practices including Photographs being used by a non-Media Organisation on a website or webpage or Mobile devices, 3.5 General in a publication or via some other medium for any purpose other than publishing of News Content on any (a) For the avoidance of doubt, the Applicant shall not, technical platform including individual publications, without the prior written consent of CA, be permitted to (i) webpages, digital platforms or print media where that use, publish, disseminate or reproduce or sell, licence or platform or medium is not, or will not, be genuinely and distribute for use or publication by any third party any ordinarily used for the publication of News Content, is Photographs, Text or Data (in each case taken or strictly prohibited. sourced or transmitted from or produced or generated in or at a Venue) for any purpose including any Commercial 4. Definitions Purpose and/or Use other than solely for News Reporting or (ii) transmit any dedicated live or near live ball-by-ball Audio means and includes any sounds from within a scoring or other service approximating live or continuous Venue and any commentary or verbal description of a coverage for the duration or a substantial period of a Match. Match using Data or Text or Photographs transmitted from the Venue, unless such Data, Text or Photographs Australian Cricket Biosecurity Requirements means are created, generated and sourced outside the relevant any CA policy, protocol, plan or direction related to Venue. managing biosecurity risks (including the risk of transmission of COVID-19) at Venues.
2020-21 Accreditation Terms and Conditions
Commercial Purpose and/or Use means any League, or as they may otherwise come to be known in commercial purpose and/or use and includes, but is not the future. limited to: League Teams means any team that plays in the (a) promotions or any promotional materials; competitions currently known as the KFC Big Bash League and the Rebel Women’s Big Bash League, or as (b) advertising (including advertorials); they may otherwise come to be known in the future.
(c) merchandising purposes, including all the activities Match means a cricket match played (but not necessarily listed in Section 3.3(c); completed) under the control or auspices of CA during a Cricket Season in Australia. (d) any use in any manner that suggests an endorsement by or sponsorship of CA, State/Territory Cricket Media Organisation means an organisation whose Associations, the League, League Teams, official cricket primary purpose is providing News Reporting by any activities, any Australian or State Team or any member of technical platform including individual publications, news any Australian or State Team; websites, digital platforms, radio and television broadcasters, print media and news agencies. Such an (e) any use in connection with any third party or in any organisation will usually: manner promoting or being associated with any third • play a significant role in informing the mass party unless with the prior written approval of CA (which public; may be withheld in its absolute discretion); • accept the responsibilities and ethics of journalism; (f) operating a statistics service (which does not include • employ properly trained media personnel. basic statistics for the purposes of News Reporting); and, For the avoidance of doubt, in accordance with the Code, (g) Photographs being used by a non-Media there are two classes of Media Organisation: Organisation on a website or webpage or Mobile a) News Agencies: organisation whose Devices, in a publication or via any other medium on any primary business is the syndication of news, technical platform including individual publications, rather than its publication. webpages, digital platforms or print media for any b) General Media: organisations whose purpose other than publishing of News Content including primary business is the publication of news, where that platform or medium is or will be genuinely and rather than its syndication. ordinarily used for the publication of News Content. Mobile Devices means any portable or wearable device Publications using Text, Data or Photographs collected (whether now existing or hereafter invented) capable of at, from or within a Venue for the purposes of News being used while in motion and receiving and/or Reporting to promote that News Reporting is not a displaying Text, Data, Photographs, Audio and/or Video Commercial Purpose and/or Use and is permitted subject by means of a wireless service including a tablet device. to (i) the rights of CA, State/Territory Cricket Associations, any Australian, State/Territory or League News Content means content collected by a Media Team or any member of any Australian, State/Territory or Organisation at a Venue that is not sold or produced or League Team including with respect to passing off and used for a Commercial Purpose and/or Use, namely: misleading and deceptive conduct. • Text (such as factual articles, editorial opinion, Cricket Season means the period beginning 1 blogs and tweets); September 2020 and ending 31 August 2021. • Photographs (including in the form of photo galleries and iconic images); Data means and includes all data, information and • Data (in the form of scores, team lists and/or statistics of whatever nature relating to a Match, Venues, basic statistics); attendees and any activities at the Matches or Venues. • a combination of two or more of the above forms.
Internet means the global network of computer systems News Reporting means the reporting of News Content using TCP/IP protocols including without limitation the by a Media Organisation. world wide web. Photograph means any single still visual image and/or League means the competitions currently known as the material or information capable of being converted into a KFC Big Bash League and the Rebel Women’s Big Bash still visual image relating to a Match, Venues, attendees and any activities at the Matches or Venues.
2020-21 Accreditation Terms and Conditions
Text means all forms of written material relating to a Match, Venues, attendees and any activities at the Matches or Venues (other than Data) and includes descriptions of play.
Venue means any cricket ground at which a Match is played, and any other venue, area or place where a person is required to hold accreditation as a condition of entry pursuant to the Australian Cricket Biosecurity Requirements (including for example, training venues and player/support staff accommodation).
Video means any moving visual image or any series (being at least two) and/or any collection of single still images and/or information image or frame made available to simulate a moving visual image.