1.2. Access23 allows fans of the FORMULA 1® ROLEX® AUSTRALIAN GRAND PRIX 2023 (Event) to purchase digital ‘Access23 Tokens’ (Fan Tokens). Just like your ticket gets you entry to Albert Park (as defined in the Australian Grand Prix Act 1994 (Vic) (Venue), the Fan Tokens give you the opportunity to access, register for, and purchase a variety of experiences, privileges and benefits and consisting of:
(a) the base token (Base Token) that provides access to the Base Token Benefits and the opportunity to purchase Experience Tokens; and
(b) experience tokens (including Auction-Only Experience Tokens, as defined in clause 7) (together, Experience Tokens) that provide access to the ability to purchase and register for Experiences,
as each are further defined and detailed in clauses 3 and clause 7.
1.3. You must purchase and hold a Base Token to purchase Experience Tokens – Experience Tokens cannot be bought on their own.
1.4. Together, where the context permits, the:
(a) Base Token and Experience Tokens are referred to as ‘Fan Tokens’; and
(b) Base Token Benefits and Experiences are referred to as ‘Fan Token Benefits',
1.5. You can participate in Access23 via the Power’d responsive web app, available via desktop and mobile browsers (Platform).
1.6. You can purchase all Fan Tokens as and when they go on sale on the Platform.
2.1 By purchasing Fan Tokens, accepting any Fan Tokens as a gift and/or otherwise using any Fan Token Benefits, you confirm that you have read, understood and agree to comply with:
(b) any terms and conditions applicable to your use of the Platform, including your participation in Auctions, payment for your purchases and gifting of Fan Tokens (Platform Terms);
(c) any Fan Token Benefit-specific rules set out in the description of an Experience or other Fan Token Benefit (Benefit Rules);
(d) any Event attendance conditions, as amended by AGPC from time to time (displayed at Event entrances, viewable at www.grandprix.com.au and available by contacting AGPC) (Attendance Conditions);
(e) the terms and conditions governing any Trade Promotions (Competition Terms); and/or
collectively, the ‘Access Rules’.
2.2 We may amend the Access Rules at any time. When we make changes, we will post the revised Access Rules on the relevant websites. You should review the Access Rules from time to time.
2.3 Any breach by you of the Access Rules may result, at AGPC’s sole and absolute discretion, in:
(a) your Fan Tokens being burned (i.e. permanently deleted and destroyed);
(b) AGPC refusing to fulfil a Fan Token Benefit; and/or
(c) you being refused entry to the Venue, or directed to leave the Venue,
with no further liability to you.
3.1 As set out in clause 1, Fan Tokens within the Access23 program consist of the Base Token and the Experience Tokens.
3.2 You must have a Base Token in order to purchase Experience Tokens – ie. you must either purchase a Base Token or be gifted one. Once you have a Base Token, you will have the ability to purchase any Experience Tokens that are available from time to time.
3.3 Base Tokens enable access to the following benefits:
(a) pre-sale ticket window access for the FORMULA 1® AUSTRALIAN GRAND PRIX 2024;
(b) access to participate in all Access23 premium Experience Auctions to purchase (for an additional fee determined as part of the Auction) certain Auction-Only Experience Tokens);
(c) access to purchase (for an additional fee) 1 x Pit Lane Walk Experience Token;
(d) 1 x Thursday Park Pass ticket; and
(e) a 5% at-track merchandise discount,
together, the Base Token Benefits.
3.4 Experience Tokens represent access to a specific experience provided by AGPC (or third party providers) at the Venue or outside of the Venue (each an Experience). The Experiences that are available to purchase are detailed on the Platform. AGPC may release new Experiences after the launch of Access23 from time to time. These new Experiences will be communicated to Access23 account holders.
3.5 An Experience Token ties to a specific Experience and therefore you can only redeem an Experience Token for the Experience that it is tied to. For example, you may purchase an Experience Token for a Pit Lane Walk and you can only redeem that Experience Token for the Pit Lane Walk. Further, the details, location, times and capacity are different for each Experience, and therefore each Experience Token has different characteristics in terms of quantity, price and redemption processes. Such details will be set out in the Benefit Rules for each Experience.
3.6 Unless otherwise set out in the Benefit Rules for an Experience, holding one Experience Token grants one person access to that Experience. If a group of people want to access an Experience, each person in that group will need to have an individual Experience Token (although, one person may hold all of the Experience Tokens for a group in their Access23 account). For the Pit Lane Walk Experience, all individuals must also hold a Base Token to participate in the Experience (for example, if you want to purchase three Pit Lane Walk Experiences, you will need to purchase three Base Tokens and three Exeprience Tokens for the Pit Lane Walk).
3.7 The ability to purchase Experience Tokens, and therefore access all Experiences, is not guaranteed and Experience Tokens and Experiences are subject to availability. Experiences may only be available on particular days and there may be limited places available for certain Experiences, so you should purchase Experience Tokens as soon as they are made available to avoid missing out. Such details will be included in the applicable Benefit Rules.
3.8 All Fan Token Benefits are subject to the Event schedule, including the FIA and Formula 1® track schedule, and therefore may be substituted, rescheduled or cancelled, subject to clause 11.1. Where a Fan Token Benefit will be substituted, rescheduled or changed, we will notify you via the Platform and via email.
3.9 IMPORTANT: Fan Tokens do not provide entry to the Event or Venue. To access the Event, a separate event ticket is required which can be purchased here.
4.1 Once you have purchased your Fan Tokens, your Fan Tokens will appear in your Access23 account, enabling the opportunity to access your applicable Fan Token Benefits as and when they become available.
4.2 For details on timing and availability of Fan Token Benefits, please visit this page.
4.3 Some Fan Token Benefits are available prior to and after the Event, but many Fan Token Benefits are only available during the four days of the Event.
4.4 To access and use the Fan Token Benefits, you will require a mobile device that has an internet connection either via mobile data or Wi-Fi. Neither AGPC or Power’d are responsible for any access issues that may arise in relation to your mobile or internet connection. It is your responsibility to ensure that your device and connection are functioning properly and that you have adequate coverage and signal strength to access the Platform.
4.5 Fan Tokens can only be redeemed for Fan Token Benefits.
5.1 You acknowledge and agree that Fan Token Benefits will be fulfilled by AGPC at its absolute and sole discretion.
5.2 You agree and acknowledge that some Fan Token Benefits are only available to you if you are over the age of 18.
5.3 You agree and acknowledge that Fan Token Benefits may:
(a) be fulfilled by; and
(b) contain links to content, platforms and websites operated by,
AGPC and/or its third party representatives.
5.4 Such Fan Token Benefits may be subject to further terms and conditions imposed by AGPC and/or such third parties, and you may be required to follow further directions from AGPC and/or third parties.
5.5 In the case of Fan Token Benefits which will be fulfilled at the Venue, you:
(a) must be in possession of the relevant Experience Token to participate in the associated Experience (for example, if you have purchased an Experience Token for a Pit Lane Walk Experience, then gift that Experience Token, you no longer have the right to access that Experience);
(b) will receive credentials to access Fan Token Benefits, including Experiences, in your Access23 account, which may be in the form of a digital wallet pass which would need to be downloaded to either an Apple Wallet or Google Wallet on your phone, or other methods at Power’d and AGPCs discretion and communicated to you;
(c) may need to collect a wristband at the Venue; and
(d) may be required to present photo ID (e.g. a driver’s licence).
5.6 Once an Experience Token has been utilised to access the associated Experience, the right to access that Experience is extinguished.
5.7 IMPORTANT: Access23 Fan Tokens are only valid for the 2023 Event and 2023 calendar year (including pre-sale benefits that apply to the 2024 event) and, Experience Tokens have no utility once they have been used and/or the Experience that they are held for has passed.
6.1 Fan Tokens can be gifted. The gifting functionality is available for Base Tokens and Experience Tokens, subject to the remainder of this clause.
6.2 You can only gift a Base Token where you have more than one Base Token in your Access23 account and you can only gift the number of Base Tokens in excess of that one Base Token. For example, if you have 3 Base Tokens in your account, you can only gift 2 of them.
6.3 You can gift an Experience Token to someone who does not have a Base Token, with the exception of an Experience Token for the Pit Lane Walk Experience. If you wish to gift an Experience Token for the Pit Lane Walk Experience, you must either gift the Experience Token to someone who already holds a Base Token or you must also gift that person a Base Token as well. Further, recipients of gifted Experience Tokens they will only be able to participate in the Experience which the gifted Experience Token relates to. If they wish to purchase other Experience Tokens themselves, then they must either have been gifted a Base Token as well and/or buy a Base Token.
6.4 Recipients of gifted Fan Tokens will receive a notification of the gift via SMS, and Fan Tokens will be transferred to the recipient once they have created an Access23 account on the Platform.
6.5 Gift recipients will be required to accept, and comply with, the Access Rules.
6.6 The ability to gift some Experience Tokens may be limited to certain timeframes imposed by AGPC and/or Power’d for administrative reasons. Such timeframes will be set out in the applicable Benefit Rules.
7.1 Certain Experience Tokens (and their associated Experiences) (Auction-Only Experience Tokens) may only be purchased through online auctions (Auctions).
7.2 Only Base Token holders will be able to participate in the Auctions to bid on Auction-Only Experience Tokens.
7.3 The Auctions will be:
(a) run by Power’d;
(b) in the form of a reverse auction; and
(c) conducted in accordance with, and subject to, the Platform Terms and the remainder of this clause 7 .
7.4 You must ensure you understand, andcan and will agree to comply with any Benefit Rules associated with the relevant Experience(s), including ensuring you are available at the time(s) the relevant Experience(s) will take place (as notified to the customer by AGPC) where you successfully purchase Auction-Only Experience Tokens. You will be contacted by AGPC to coordinate access.
7.5 Participants in the course car lap and hot lap experience will be subject to further third-party terms and conditions (including but not limited to age/weight/height limits, dress regulations, and COVID safety measures). Such additional terms and conditions will be made available to eligible customers prior to bidding on these experiences.
7.6 Any changes, cancellations, replacements and refunds in respect of the Experience Tokens purchased via an Auction are subject to clause 11.
8.1 AGPC and/or Power’d may, in their discretion, run trade promotions on the Platform (Trade Promotions).
8.2 You must hold a Base Token to participate in such Trade Promotions.
8.3 The details of the Trade Promotions, including the entry period, the method of entry and prize(s), will be set out on the Platform and will be subject to the separate Competition Terms which will be made available at the time of entry.
9.1 We own, or are the licensee of, the intellectual property rights in the Fan Tokens and Fan Token Benefits, including text, graphics, photographs, logos, icons, sound recordings and software (including source and object code) (AGPC IP).
9.2 The Access Rules do not transfer any intellectual property rights in AGPC IP from us to you or any third parties.
9.3 You must not (without our consent):
(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the AGPC IP; or
(b) use our name, logo, graphics, and logos, including those which appear on or as part of the AGPC IP.
10.1 Your use of the Platform, including your purchase of Fan Tokens and use of Fan Token Benefits, may involve the transmission to/from us of certain personal information (as that term is commonly defined in applicable privacy laws and regulations).
11.1 We will provide a refund or replacement where required to do so by law.
11.2 Where you contact us regarding a refund or replacement, we reserve the right to request reasonable evidence from you of, or in relation to, the subject of your refund request.
12.1 The Access Rules do not limit or exclude any rights you might have under any applicable law, including under Australian Consumer Law.
12.2 We do not provide warranties of any kind in relation to the Platform, Fan Tokens, Fan Token Benefits or similar. To the fullest extent permitted by law, and except where otherwise set out in the Access Rules:
(a) we expressly disclaim all warranties, express or implied, of any kind with respect to the Platform, the Fan Tokens, the Fan Token Benefits or similar, including without limitation that the Platform, Fan Tokens and/or relevant Fan Token Benefits will be uninterrupted or error-free and/or other warranties (express or implied) of merchantability, fitness for use and/or a particular purpose, guarantee of a particular result or outcome, title, and non-infringement; and
(b) we, and our directors, officers, employees, contractors and representatives will not be liable to you for any losses and damages, including special, direct, indirect, incidental, consequential or punitive losses and damages (including for loss of profits, goodwill, use, data and/or other intangible losses) related to the Platform, the Fan Tokens, the Fan Token Benefits or similar.
12.3 Your interaction with Power’d is at your own risk, and you agree that, to the extent permitted by law, we have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of Power’d and/or any such third party for any loss or damage howsoever arising.
13.2 Nothing in the Access Rules will be taken as giving rise to a relationship of employment, agency, partnership or joint venture.
13.3 The Access Rules contain the entire understanding between you and us in respect of Access23 and supersedes all prior communications, except for any other terms, policies or materials that are expressly deemed as incorporated into the Access Rules.
13.4 Any failure by us at any time to enforce the Access Rules or any rights will not be a waiver of such rights or affect the validity of the Access Rules.
13.5 If any provision of the Access Rules is held by a court to be illegal, invalid or unenforceable under the applicable law, that term or provision will be severed from the Access Rules and the remaining terms and conditions will be unaffected.
13.6 The Access Rules are governed by, and construed in accordance with, the laws of Victoria, Australia and the courts of Victoria will have exclusive jurisdiction over any dispute arising out of the Access Rules.
Anyone with an enquiry in relation the Access23 program should email us at firstname.lastname@example.org.
6 MARCH 2023