Terms & Conditions of Pink Stumps Day 2017

TERMS & CONDITIONS - PARTICIPATION IN PINK STUMPS DAY & COMPETITION

1.           This Promotion and Competition is run by the McGrath Foundation Ltd (“the Foundation”) of 54 Chandos Street, St Leonards, NSW 2065 (ABN 23 115 566 624).

2.           The Foundation is a charity registered as follows:

a.            In the ACT under the Charitable Collections Act 2003, Licence number 19000031;

b.            In NSW under the Charitable Fundraising Act 1991, Authority number 18455;

c.            In South Australia under the Collections for Charitable Purposes Act 1939, Licence number CCP1144;

d.            In Tasmania, Approval to solicit for charitable donations under the Collections for Charities Act 2001;

e.            In Victoria a registered fundraiser number 10596.12 under the Fundraising Act 1998; and

f.                    In Western Australia under the Charitable Collections Act 1946, Licence number 20665.

3.           The “Pink Stumps Day Promotion” (“the Promotion”) is a fundraising appeal to be conducted by Cricket Clubs and/or Associations in Australia, schools and any other Cricket playing groups (“the Participant(s)”) on 18 February 2017 or other specified date in all States, to raise funds for the benefit of the Foundation.

4.           The Foundation authorises the Participant(s) to undertake the Promotion for the benefit of the Foundation, on these terms and conditions.

5.           The Participant(s) agree to:

a.            undertake the Promotion;

b.            make the Donation to the Foundation; and

c.                   be bound by these terms and conditions.

6.           Information on how to register forms part of the terms and conditions of entry.

7.           The Foundation accepts no responsibility for any kind of loss or liability suffered or incurred by any of the Participant(s) in relation to the Promotion or Competitions. The Participant(s) release the Foundation, its related bodies corporate, affiliates, officers, agents and employees, from all liabilities, loss and damage of any kind arising at any time out of or in connection with the acceptance of, and participation in the Promotion and/or Competitions. Without limiting the foregoing, the released parties will not be liable for any injury, sickness or death, property loss or damage or other direct or indirect loss or damage of any kind, howsoever sustained or incurred, in connection with or arising out of the Promotion and/or Competitions.

A.    Definitions

Australian Cricket Legend means Glenn McGrath and/or other current Australian or State cricket representative.

Donation means the money amount raised through the conduct of the Promotion for the benefit of the Foundation

Foundation's Intellectual Property means the name, trademarks, logos and other intellectual property of the Foundation.

Kit means either a Large Kit or a Small Kit

Promotion means the fundraising appeal to be conducted by the Participant(s) on Saturday 18 February 2017 (or such other date as authorised by the Foundation) in all States, to raise funds for the benefit of the Foundation in accordance with this agreement.

Participant(s) mean the Cricket Clubs and/or Associations in Australia, Schools and any other Cricket playing groups who register to take part in the Promotion.

Payment Date means the date or dates for payment by the Participant(s) to the Foundation of the Donation.

Promotion Date means the 18 February 2017 in all States.

Registration Period means the time period from 12.00am AEST on Thursday 01 September 2016 and until 1,500 registrations are filled.

B.        Registration

1.           Registration to participate in the Promotion is deemed acceptance of these Terms and Conditions.

2.           Registration is open to all Participant(s).

3.           Registration is open to the first 1,500 Participants who complete registration in accordance with these Terms and Conditions.

4.           To register Participant(s) must:

a.            Log onto the website www.pinkstumpsday.com.au during the Registration Period;

b.            Register by providing details including (but not limited to):

i)                 name;

ii)                authorised position in the Cricket club or Association or School or Group on whose behalf the registration is made;

iii)              address;

iv)               phone number; and

v)                e-mail address.

5.     Registration obligates the Participant(s) to raise funds for the benefit of the Foundation on the date of the Promotion in their applicable State.

6.     Persons under the age of 18 are ineligible to register on behalf of the Participant(s).

7.     Incomplete or incomprehensible entries of registration details will be deemed invalid.

8.     The cost of accessing the promotional website will be dependent on the Participant(s)’ individual Internet Service Provider.

C.       Privacy

1.           The Foundation is committed to abiding by the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs) it contains, in particular in relation to handling "personal information".

2.           The Foundation collects personal information about you to enable you to participate in this Promotion and for its general promotional and charitable purposes. Personal Information will be dealt with in accordance with the Foundation’s Privacy Policy accessible on the Foundation’s website http://www.mcgrathfoundation.com.au/PrivacyPolicy.aspx .[BE1]

3.           Any corporate or individual sponsor(s) of this Promotion may also have access to the personal information provided in the registration process. A sponsor may use this information to contact you about news, events and general information in relation to the organisation.

4.           A Participant(s) personal information may be disclosed to applicable State and Territory Government Departments and winner’s names published as required under the relevant gaming legislation.

5.           Other than as detailed in these Terms and Conditions and in the Foundation’s Privacy Policy no other further use of this information will be made without your prior consent.

D.       The Pink Stumps Day Kit(s)

1.           During the Registration process the Participant may elect to be provided with:

·                   A Large Kit;

·                   A Small Kit;

·                     A backyard/hall kit; or

·                   Not be provided with either Kit

2.           Where a Participant has elected to receive a Kit, the Foundation will deliver either the Large Kit or the Small Kit, whichever has been nominated at the time of Registration, to the Participant, at a time prior to the Promotion date.

3.           The Full Kit has a minimum fundraising amount of $500 and the Small Kit has a minimum fundraising amount of $250.  

4.           In the case of the intervention of any outside agent or event which prevents or hinders the Kit being distributed to the Participant(s) prior to the Promotion Date, including but not limited to problems hindering supply, delay as a result of intervention by the Australian Customs and Border Protection Service, vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strikes; the promotion will go ahead as scheduled and the Kit will be provided to Participant(s) as soon as practicable thereafter.

5.           The Kits will be delivered to the Participant(s) named in the registration details. Kits cannot be transferred or redeemed for cash.

6.           Where the  Participant has received a Large Kit, the Participant  agrees that it will pay to the Foundation an amount of $500, being a contribution to the cost of the Kit, if:

·                   for any reason, the Participant(s) cancels its registration to take part in the Promotion; or

·                   the Participant(s) fails to undertake fundraising for the benefit of the Foundation as agreed.

7.           Where the  Participant has received a Small Kit, the Participant  agrees that it will pay to the Foundation an amount of $250, being a contribution to the cost of the Kit, if:

·                   for any reason, the Participant(s) cancels its registration to take part in the Promotion; or

·                   the Participant(s) fails to undertake fundraising for the benefit of the Foundation as agreed.

8.           The Participant acknowledges that, where they have elected to receive a Large Kit, a minimum Donation of $500 must be made to the Foundation to cover the cost of the Kit. If the Donation raised through the Promotion is less than $500 or if the Promotion is for any reason unable to run as planned, the Participant agrees that it will be liable to pay the difference between the cost of the kit and the Donation upon receipt of an invoice from the Foundation.

9.           The Participant acknowledges that, where they have elected to receive a Small Kit, a minimum Donation of $250 must be made to the Foundation to cover the cost of the Kit. If the Donation raised through the Promotion is less than $250 or if the Promotion is for any reason unable to run as planned, the Participant agrees that it will be liable to pay the difference between the cost of the kit and the Donation upon receipt of an invoice from the Foundation.

10.        The Participant(s) agrees that if, for any reason, this promotion is not able to run as planned, including but not limited to, vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strikes, or illness, or any other causes beyond the control of the Participant(s), the Participant(s) will, in consultation with the Foundation, reschedule the Promotion date. 

11.        The Foundation accepts no responsibility for any kind of loss or liability suffered or incurred by any of the Participant(s) in connection with the Kit(s). The Participant(s) release the Foundation, its related bodies corporate, affiliates, officers, agents and employees, from all liabilities, loss and damage of any kind arising at any time out of or in connection with the nomination to receive a Kit, and with the contents and use of the individual items contained in the Kit(s)  Without limiting the foregoing, the released parties will not be liable for any injury, sickness or death, property loss or damage or other direct or indirect loss or damage of any kind, howsoever sustained or incurred, in connection with or arising out of the Kit except those that cannot be excluded by law.

E.        Fundraising requirements

1.           The Participant agrees to bear all costs associated with the Promotion, other than the internal costs of the Foundation.

2.           Promotional materials will be provided by the Foundation to the Participant(s) for use in the Promotion. The Participant(s) are authorised to use the Foundation's name and Pink Stumps Day Lockup logo in connection with the Promotion, only in the manner and form and for the period of time approved by the Foundation and provided in the official materials.

3.           The Participant(s) has no right or interest in the Foundation's Intellectual Property.

4.           Upon registration the Foundation will issue each Participant(s) with a unique registration number. This number is to be used on all subsequent correspondence.

5.           The Participant(s) may determine what form of fundraising it undertakes on the Promotion date.

6.           The Participant(s) acknowledges that:

a.            fundraising activities, for example raffles, are subject to State licensing requirements; and

b.            it is the Participant(s) responsibility to:           

                             i.                ascertain which State fundraising requirements apply to its Promotion(s);  

                            ii.                advise the Foundation as to the form of its Promotion(s) 14 days prior to the Promotion date; and

                          iii.                apply for any State licences that may be applicable or needed for such activities.

7.           The Foundation is unable to provide prizes for fundraising raffles or merchandise products for sale on consignment for this Promotion, other than those items which form part of the Kit.

8.           The Foundation will alert it’s McGrath Breast Care Nurses (MBCN’s) that this Promotion may be run in their local area however cannot guarantee the attendance of such MBCN’s or any other person at any individual Participant(s)’ premises for the purposes of this Promotion.

9.           If for any reason this Promotion is not capable of running as planned, including (but not limited to) due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Foundation, which corrupt or affect the administration security, fairness or integrity or proper conduct of this Promotion, the Foundation reserves the right in its sole discretion to take any action that may be available, and to cancel, terminate, modify or suspend the competition, subject to any direction given under State permit regulations.

 

 

 

F.        Remittance Requirements

 

1.           The Foundation will provide the following documents to the Participant(s) to assist in the remittance process:

a.            An Event Reference Number unique to each Participant(s);

b.            Letter of authority;

c.            Banking instructions

2.           The Foundation cannot provide receipts to the Participant(s) but can issue receipts for donations by individuals, if the Participant(s) requests such receipts and provides the Foundation with details of the name, address and amount donated by any given individual, upon remittance of funds raised.

3.           The Participant(s) agrees, on behalf of the Cricket Club or Association that they represent, that they will comply with all fundraising guidelines and follow fundraising procedures provided by the Foundation.

4.           The Participant(s) will remit the Donation directly to the Foundation's nominated bank account (McGrath Foundation Limited, BSB 063-000 Account Number 1192 6137)

5.           The Participant(s) will forward a completed remittance statement to the Foundation by email, facsimile or post as soon as practicable after the Donation is deposited in the Foundation’s Bank account.

6.           The Participant(s) will pay the Donation to the Foundation on or before 30 March 2017.

 

Promotion Terms and Conditions

In these terms and conditions:

(a)     Promotion means the game of skill described in the Schedule attached to these terms and conditions (Schedule); and

(b)     The following terms will have the meaning given to them in the Schedule:

Back-Up Date

Prize Claim Cut-Off Time

Entry Steps

Promotion Partner(s)

Excluded Jurisdiction(s)

Promotion Period

Judging Process

Special Conditions

Prize

Winner Determination Date

 

These terms and conditions (including the Schedule) contain important information about the Promotion and you should read them carefully before entering the Promotion.  Any Special Conditions in the Schedule apply in addition to the provisions set out below. If there is a conflict between a Special Condition and any of the provisions set out below, the Special Condition will prevail.

PRELIMINARY

1.           Information on how to enter the Promotion forms part of these terms and conditions of entry. Any entry to the Promotion is deemed to constitute acceptance by the entrant of these terms and conditions.

2.           The Promotion is run by the McGrath Foundation Ltd (Promoter) of 54 Chandos Street, St Leonards NSW 2065 (ABN 23 115 566 624).

3.           The Promoter is a charity registered as follows:

a.     In the ACT under the Charitable Collections Act 2003, Licence number 19000031;

b.     In NSW under the Charitable Fundraising Act 1991, Authority number 18455;

c.      In South Australia under the Collections for Charitable Purposes Act 1939, Licence number CCP1144;

d.     In Tasmania, Approval to solicit for charitable donations under the Collections for Charities Act 2001;

e.      In Victoria a registered fundraiser number 10596.15 under the Fundraising Act 1998; and

f.       In Western Australia under the Charitable Collections Act 1946, Licence number 20665.

4.           The Promotion commences at the beginning of the Promotion Period and closes at the end of the Promotion Period.

5.           Entry into the Promotion is open to Australian residents only, excluding:

a.     residents of any Excluded Jurisdiction;

b.     directors, management, agents and employees (and their immediate family members) of the Promoter, any Promotion Partner, and the related bodies corporate of each of them; and (Eligible Entrants).  Any entry received from any person who is not an Eligible Entrant will be deemed invalid.

  "Immediate family members" means any of the following: spouse, ex-spouse, defacto spouse, child or step child (whether natural or by adoption), parent, step parent, grandparent, step grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.

6.           If an entrant is under 18 years of age s/he must first obtain the consent of their parent or legal guardian before entering the Promotion.

7.           In this Promotion there will be one winner only. That person will receive the Prize.

8.           The Promotion is a “game of skill” and the winner will be determined in accordance with the Judging Process.  

9.           The Promoter and the Promotion Partner(s) accept no responsibility for any kind of loss or liability suffered or incurred by any of the entrants in relation to the Promotion. Each entrant releases the Promoter, the Promotion Partner(s) and the related bodies corporate of each of them, together with the officers, employees, contractors and agents of each such entity (released parties), from all liabilities, claims, loss and damage of any kind arising at any time out of or in connection with participation in the Promotion. Without limiting the foregoing, the released parties will not be liable for any injury, sickness or death, property loss or damage or other direct or indirect loss or damage of any kind, howsoever sustained or incurred, in connection with or arising out of the Promotion or the Prize.

10.        Foundation’s Website means the website located at www.mcgrathfoundation.com.au, or any replacement or successor website.

HOW TO ENTER

11.        To enter the Promotion, an Eligible Entrant must complete the Entry Steps within the Promotion Period.   Any valid entry to the Promotion submitted by an Eligible Entrant in accordance with these terms and conditions will be an “Entry”.    

12.        Each Entry will be considered in the Judging Process to allocate the Prize.  An Eligible Entrant may submit as many Entries as s/he wishes.

13.        Incomplete or incomprehensible entries will be deemed invalid.

14.        The cost of accessing the Foundation’s Website or any other website associated with the Promotion will be dependent on the entrant’s Internet Service Provider.

PRIVACY

15.        The Promoter collects personal information about you to enable you to participate in this Promotion. The Promoter collects and deals with personal information in accordance with the Privacy Act 1988 (Cth) and in accordance with its Privacy Policy which can be viewed at http://www.mcgrathfoundation.com.au/PrivacyPolicy.aspx.   By entering the Promotion you consent to the Promoter using any personal information you provide in connection with the Promotion for the purposes of facilitating the conduct of the Promotion and awarding any prizes.  Such use may include, without limitation:

·        disclosure of your personal information to any Promotion Partner and any applicable statutory authority, such as State and Territory Lottery Departments; and

·        if you win a prize, publication of your name as required under relevant laws.

The Promoter may also use information provided by you in connection with the Promotion to contact you about news, events and general information in relation to the organisation.  No other further use of this information will be made without your prior consent.  A request to access, update or correct any information should be directed to the Promoter at the address given above.  

DETERMINING AND NOTIFYING THE WINNER(S)

16.        The winner of the Promotion will be decided on the Winner Determination Date, in accordance with the Judging Process.

17.        The result of the Judging Process, and any decision of the Promoter in relation to any aspect of the Promotion, is final and binding on each person who enters the Promotion.  No correspondence will be entered into.

18.        The winner will be contacted directly (using the details provided at the time of entering the Promotion) as soon as possible after the Winner Determination Date, and will be announced on the Foundation’s Website within 2 business days of the Winner Determination Date.

19.        A winner is responsible for ensuring that his/her details provided to the Promoter at the time of entering the Promotion are accurate and up to date. The Promoter takes no responsibility for inaccurate or incomplete details provided in relation to an entrant in the Promotion.

20.        In the event of any entrant being unable to satisfy these terms and conditions or forfeiting or not claiming the Prize by the Prize Claim Cut-Off Time, the Promoter may, on the Back-Up Date, take such steps as it deems necessary in order to award such unclaimed Prize to an alternate winner, in accordance with the Judging Process (subject to any written directions given under applicable law).

21.        Any alternate Prize winner will be contacted directly (using the details provided at the time of entering the Promotion) as soon as possible after the award of the Prize to him/ her, and will be announced on the Foundation’s Website within 2 business days of such award.

PRIZE

22.        None of the Promoter or any Promotion Partner will have any responsibility for any change in value of the Prize occurring between the Winner Determination Date and the date the Prize is claimed.

23.        The Prize is awarded and must be redeemed, in accordance with and subject to these terms and conditions, the Special Conditions (if any), and any other terms and conditions disclosed at the time of redemption (including but not limited to expiry rules). It is a condition of accepting the Prize that the winner must comply with all conditions of use of the Prize and all requirements of the Prize supplier.

24.        If a Prize winner is under the age of 18, then before s/he can claim his/ her Prize, s/ he must obtain consent from their parent or legal guardian to do so, and must be accompanied during any travel undertaken in connection with redemption of the Prize by an Australian resident over the age of 18.

25.         The winner will be responsible for all taxes, fees and other charges of any kind applying to the redemption of the Prize. Applicable taxes, fees and other charges may vary and are subject to change without notice.

26.        Unless expressly stated in these terms and conditions, all expenses connected with redemption of the Prize are the responsibility of the Prize winner including but not limited to meals, spending money, transportation, drinks, incidentals, accommodation, optional activities or excursions and all other ancillary costs.

27.        Compliance with any government requirements relating to Prize redemption is the sole responsibility of the winner.

28.        In the event that the Prize winner does not redeem his/her Prize by the time stipulated, then the entire Prize will be forfeited by that winner and cash will not be awarded in lieu of the Prize.

29.        No responsibility is accepted by the Promoter or any Promotion Partner for late, lost or misdirected entries.  The Prize must be taken as stated and no compensation will be payable if a winner is unable to use the Prize as stated.  The Prize is not exchangeable or redeemable for cash or other goods or services.  The Prize cannot be transferred to any other person unless agreed to by the Promoter and permitted under any Special Conditions. 

30.        By entering the Promotion and by claiming the Prize, the winner acknowledges and accepts that any activities comprising the Prize may be inherently dangerous and may result in death, injury, incapacity, damage to property or other losses. The Promoter and the Promotion Partner(s) are not responsible for any acts of god, adverse weather conditions or industrial action or civil commotion that may occur whilst a winner redeeming the Prize. None of the Promoter or any Promotion Partner guarantees any Prize winner will enjoy his/ her Prize or be suited to the type of prize offered.

31.        The Promoter reserves the right to request any winner to:

a.       sign a winner's deed of release or any other relevant forms or agreements that the Promoter deems necessary; and

b.       provide proof of identity, proof of age, proof of residency and/or proof of entry validity,

in order to claim his/ her Prize. Proof of identification, residency, age and entry considered suitable for verification is at the discretion of the Promoter. In the event that a winner cannot provide suitable proof, the winner will forfeit his/ her Prize in whole and no substitute will be offered.

32.        If the Prize is unavailable for any reason, the Promoter reserves the right to substitute the Prize for a prize of equal or greater value, subject to applicable laws. Cash will not necessarily be awarded as a substitute.

GENERAL

33.        The Promoter reserves the right to disqualify any entrant who the Promoter has reason to believe has breached any of these conditions, or engaged in any unlawful or improper misconduct calculated to interfere with the fair and proper conduct of the Promotion. The Promoter reserves all legal rights to recover damages or other compensation from such an offender.

34.        Without limiting the preceding paragraph, any entrant to the Promotion who is found to:

a.           have used a third party (including online competition entry site) to enter on their behalf; or

b.           be entering incorrect contact details, including incorrect email contact details,

(each an "Unauthorised Activity"),

will have all his/ her entries, and any claim s/he has to the Prize, invalidated. If an entrant is awarded the Prize and then found to have undertaken any Unauthorised Activity, the entrant must immediately return that Prize. The Promoter has sole discretion to determine if any Unauthorised Activity has taken place. The Promoter reserves the right to request whatever documentation it deems necessary to confirm if an entrant has undertaken any Unauthorised Activity, and entrants must promptly supply such documentation upon request.

35.        All Entries and any copyright subsisting in the Entries become and remain the property of the Promoter.  The Promoter may publish or cause to be published any Entry received.

36.        In claiming the Prize, the Prize winner agrees:

a.           that his/ her name and photograph may be used for promotional purposes by the Promoter;

b.           to participate and co-operate as required in all editorial and publicity activities relating to the Promotion, including but not limited to being interviewed, photographed and filmed; and

c.            to grant the Promoter a perpetual and non-exclusive licence to use such footage and photographs in all media worldwide, including online social networking sites, and the winners will not be entitled to any fee for such use.

37.        If for any reason the Promotion is not capable of running as planned, including (but not limited to)  illness, death, infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter, which corrupt or affect the administration security, fairness or integrity or proper conduct of this Promotion or the awarding of the Prize, the Promoter reserves the right in its sole discretion to take any action that may be available, and to cancel, terminate, modify or suspend  the Promotion, subject to any direction given under applicable State or Territory lottery/ gaming permit regulations, or State or Territory fundraising laws.  

38.        In the case of the intervention of any outside agent or event which naturally changes the result of the Judging Process or prevents or hinders that process, including but not limited to illness, death, vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strikes; the Promoter may in its absolute discretion cancel the Promotion and recommence it from the start on the same conditions, subject to applicable laws.

39.        To the maximum extent permitted by law, the Promoter, the Promotion Partner(s) and the related bodies corporate of each of them, together with the officers, employees, contractors and agents of each such entity, are not responsible and exclude all liability for any losses, damages, expenses, costs, personal injuries or death (Damages)  arising out of or connected with this Promotion, the promotion of this Promotion or the taking or using of any Prize or part of it (including but not limited to any breach of these terms and conditions), whether the Damages arise in contract, tort (including negligence) or under any other common law, equitable or statutory doctrine or theory of liability whatsoever.  In this paragraph, "Damages" include but are not limited to direct, indirect, special and consequential loss, loss of profits or opportunity, and loss or damage that cannot reasonably be considered to arise naturally and in the ordinary course of things, even if such loss or damage was in the contemplation of the Promoter or any other party.

40.        If any act, omission, event or circumstance occurs which is beyond the reasonable control of the Promoter and which prevents the Promoter from complying with these terms and conditions, the Promoter will not be liable for any failure to perform or delay in performing its obligations and the Promoter reserves the right (subject to any applicable law) to cancel, terminate or modify or suspend this Promotion.

41.        The Promoter accepts no responsibility for any tax implications that may arise from a winner accepting the Prize. Independent financial advice should be sought.

 

SCHEDULE

 

Name of Promotion

Pink Stumps Day

Description of Promotion

Supporters of the Foundation are encouraged to register and host a Pink Stumps Day between 1 September 2016 and 18 February 2017

Back-Up Date

7 December 2016 - when unclaimed competition prize will be awarded to alternate winner.

Entry Steps

Entrants go to www.pinkstumpsday.com.au and register to host a Pink Stumps Day cricket fundraiser.

Entrants must register their event and respond to the entry question: Why should you and 3 friends win the ultimate Commonwealth Bank Sydney Pink Test experience?

Entrants review and finalise their entry and agree to the Terms and Conditions.

Excluded Jurisdiction(s)

N/A

Judging Process

The winner will be judged and determined by a panel from the McGrath Foundation. The most inspiring reason will win.

Prize

The Ultimate Sydney Pink Test Experience includes:

 

·        4 x return airfares to Sydney ex closest Australian capital city (economy).  PRIZE DOES NOT INCLUDE AIRPORT TRANSFERS.

·        4 x nights’ accommodation (2 rooms) at a Sydney hotel

·        Carry the Jane McGrath silk at the Commonwealth Bank Sydney Pink Test

·        4x tickets to the Jane McGrath High Tea

·        4x tickets to day 3 of the Sydney Pink Test

·        4x tickets to day 4 of the Sydney Pink Test

 

Value of the prize is: $9,584 total for 4 people

and “Prize” (in the singular) will mean any and all of the prizes described above.

Maximum Notional Value

The maximum notional value of the prize is $9,584 total for 4 people.

Prize Claim Cut-Off Time

11:59pm AEST 6 December 2016

Promotion Period

From:   9:00am AEST 1  September 2016

To:       11:59pm AEST 30 November 2016

Special Conditions

Agree to be available for potential media photographs, interviews and TV filming while at the Commonwealth Bank Sydney Pink Test.

Be available to travel between 4 January 2017 and 7 January 2017.

The estimate of the total maximum notional value of the Prize is provided for information only. The maximum notional value of the Prize will vary depending on flights from ex closet capital city (economy), does not include airport transfers. The Promoter accepts no responsibility for any variation in the maximum notional value of the Prize.

The Promoter will not have any responsibility whatsoever for any change in value of a Prize occurring between the date the winner is published and date the Prize is claimed.

The Prize is awarded and must be redeemed, in accordance with and subject to these terms and conditions.

No responsibility is accepted for late, lost or misdirected entries

The Prize must be taken as stated and no compensation will be payable if a winner is unable to use the Prize as stated. The Prize is not exchangeable or redeemable for cash or other goods or services. The Prize cannot be transferred to any other person unless agreed to by the Promoter. No compensation will be payable if a winner is unable to use the Prize as stated.

Winner Determination Date

The winner will be notified between 1 December and 6 December 2016
 

 

 


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  1. The Platform is an online fundraising facility. GoFundraise acts as agent of the Not-For-Profit Organisations (NFPs) and other users of the Platform facilities (Other Clients) (Other Clients and NFPs together and each a Beneficiary) with limited authority adequate to facilitate the collection, accounting and payment of funds raised. The GoFundraise agency is limited to the delivery of online services and consequential accounting. Beneficiaries and Users are given access to functionality that enables them to create fundraising campaigns, build web pages and contact their networks. All such actions are the actions of the relevant Beneficiary or User. As a general proposition, GoFundraise accepts no liability whatsoever for the actions of Beneficiaries or Users on the Platform.
  2. Every Not-For-Profit Organisation (NFP) listed on this Website has a contract with GoFundraise authorising Us to collect donations on its behalf, and we take reasonable steps to substantiate the Not-For-Profit status of NFP’s during the registration and contracting process.
  3. Despite clause 6, GoFundraise accepts no liability for ensuring that any Beneficiary applies the proceeds received from a donation in any particular way. If a User is dissatisfied with a Beneficiary's use of any donation the User makes through the Platform, the User should contact that Beneficiary directly.

GoFundraise fees

  1. GoFundraise may either offer an “optional contribution” model or at the request of the beneficiary, event organiser or platform a “traditional” service fee model with or without a Donor pay option.
    Optional contribution
    Under the “optional contribution” model, the beneficiary, event organiser, corporate or platform may designate that GoFundraise will advise the donor that there is the option to contribute to the running of the platform. Under this option, GoFundraise does not charge a “Traditional/Standard” service fee to the charity or beneficiary. Your support is appreciated to continue to offer this platform fee service.

    Standard arrangement
    GoFundraise offers NFPs flexible fee options. Under the standard fee arrangement, GoFundraise may also at the request of the beneficiary, event organiser or platform offer a "traditional" service fee model of a small service fee typically between 0% - 6% (depending on the plan of the Beneficiary and where donation is facilitated) for its services. The fee is deducted from gross donations collected on behalf of the Beneficiary. Regular giving payments are charged at 1.95% Service Fee + GST to the Beneficiary plus card transaction fees. Other transactions are charged at the rate based on their plan.

    Special Event Fees
    Some event organisers, beneficiaries, corporates of similar may charge a “Special Event” fee to offset the costs of administering the event this fee will be stipulated within the terms and conditions of the event and beneficiaries can choose to opt out of the event if they choose. Standard transaction charges are paid, unless otherwise stipulated by the beneficiary. GoFundraise reserves the rights to change the service fee model at anytime, all donations will occur at the described rate at the time of transaction.

    Donor Pays Option
    Beneficiaries may, at their option, choose one of GoFundraise’s Donor Pay Option arrangements for recovery of the fees required for the Platform to continue to provide its services. If the Beneficiary chooses these Options, then the donor is asked to tip to GoFundraise a sum of their choosing or a percentage uplift to the beneficiary to off-set the Platform Fee or to match the fees charged under the standard arrangement.
  2. GoFundraise also recovers credit card processing fees from the gross donations. These are currently at the market rate of 1.1% (inc gst) + $ 0.20 (inc gst) per transaction for Visa & Master Card, and 1.98% (inc gst) for American Express and 2.1% for Paypal (GST exempt), Stripe charged at the designated rate based on the beneficiaries plan. These fees are subject to change without notice. Transactions to multiple organisations in a transaction may incur an additional $ 0.20 fee per beneficiary.
  3. If GoFundraise provides services additional to the collection of donations through the Platform at the request of a Beneficiary, then fees for those specific services apply.

Credit card payments

  1. Any donation, purchases or other transactions made through the Platform by a User inserting that User’s credit card details is final and not disputable. Where there has been an unauthorised use of a User’s credit card, and the unauthorised nature of that use is proved on the balance of probabilities, then the donation will be refunded unless it has already been credited to the relevant Beneficiary.

Regular Giving payments

  1. Regular Giving is a functionality that provides Users the opportunity to schedule regular donations. A User can modify the amount and frequency of a Regular Giving payment up to 72 hours prior to a scheduled payment. The User may update this information through the 'My Donations & Purchases' area, located under 'My Account'. The minimum regular giving payment is $ 2.00 AUD.
  2. A user can cancel their Regular Giving donation at anytime through their GoFundraise User Account (see How to cancel a Regular Giving donation ). Cancellations take up to 7 working days to take effect. Any payment that occurs before this time cannot be cancelled and will not be refunded by GoFundraise. Users will be notified via email that your payment has been cancelled. It is the Users responsibility to ensure that cancellations have been made, if you do not receive a confirmation within 7 days please contact GoFundraise Customer Care.

Ticket Sales and Raffles

  1. The Platform provides Beneficiaries of a specific account class with the functionality necessary to conduct raffles and sell tickets to events. GoFundraise makes no representations as to the compliance by Beneficiaries with the laws applicable to the conduct of events or raffles. Users must establish to their own satisfaction the propriety or otherwise of such raffles and ticketed events by contacting the relevant Beneficiary directly. Any disputes about raffles must be directed to the raffle organiser.
  2. Payments made by Users through the Platform for Raffle tickets are non-refundable. Please choose carefully.

User registration

  1. You may use the platform anonymously without registering. When you do this some information such as your IP address, location and site usage may be collected.
  2. You may also register Your details and be added to the Platform database. Acceptance of Your registration and the continuation of it will be subject to these Terms and the GoFundraise Privacy Policy .

Passwords

  1. You must keep Your personal login information safe, private and secure at all times. This extends to:

    1. not allowing any other person to use their login information or hold themselves out as You;
    2. not disclosing, or allowing a copy to be discovered of the login information of the User; and
    3. regularly updating any passwords or other unique identifiers used in conjunction with the login process to minimise the chance of misuse of login information.

Indemnity for misuse of Your login information

  1. GoFundraise accepts no liability for acts carried out by any person using Your personal login information, and You indemnify GoFundraise from any costs, expenses or damages paid or payable by GoFundraise in connection with your breach of clause 19.

Personal fundraising pages

  1. Users who have registered with GoFundraise may establish a fundraising page or pages (Personal Page) on the Platform to fundraise for a Beneficiary. All external funds raised by a User with a Personal Page must be donated exclusively through the Platform except for funds collected off-line.
  2. Where a registered User builds a personal fundraising page or Event in favour of a Beneficiary, the Beneficiary must be first registered on the Website. The creation by a User of a Personal Page, Event or Microsite in no way implies the endorsement of the fundraising or other activity promoted on the page by GoFundraise or the Beneficiary.
  3. GoFundraise reserves the right to delete, close or suspend a Personal Page, and/or Event at it’s discretion. Also if a Beneficiary or Event Organiser gives GoFundraise written notice that it deems a fundraising activity promoted on a Personal Page or Event to be inappropriate or unnecessarily dangerous or not desirable, GoFundraise will use it’s discretion to take appropriate action.

  4. Where a User builds a Personal Page on the Platform, the User must ensure that the data, including without limitation all text, pictures, graphics, audio, video, images and other data or information uploaded to the Personal Page does not:

    1. infringe the intellectual property rights (including copyright) of any third party.
    2. detrimentally affect the brand or reputation of GoFundraise, any Beneficiary or any affiliates or partners of GoFundraise;
    3. be misleading or deceptive as to the nature, type, service or benefits of the Content;
    4. be misleading as to that User’s identity or affiliation with any person or group
    5. contain information that is inaccurate, ambiguous, exaggerated, defamatory or untrue;
    6. encourage, counsel, incite or suggest any discriminatory, criminal or other unlawful acts; or
    7. contain vulgar and/or suggestive language or images or innuendo or slang of a sexual, immoral, racist or violent nature.

  5. In addition, You must not use the Platform to:

    1. send junk email, sms or spam to people who do not wish to receive email from You;
    2. conduct, display or forward surveys, raffles, lotteries, contests, pyramid schemes or chain letters;
    3. interfere with, or disrupt, the service or services or networks connected to the service and introduce any computer virus (including any variant or similar malicious code or instructions) to the GoFundraise systems;
    4. provide a donor with any gift, prize or any other form of incentive in connection with the making of any donation by another User.
  6. Except in relation to a User’s Personal Page, a User may not remove, alter, add to or change anything on the Platform.
  7. GoFundraise does not actively and/or continuously moderate the Personal Pages built on the Platform but reserves the right to remove or edit any Content posted on the Platform at its sole discretion and without notice, regardless or whether or not it is, in the opinion of any third party, in breach of these Terms and Conditions. If a User notices any Content posted in breach of these Terms or that the User considers otherwise offensive or unlawful, the User should contact GoFundraise at {support@gofundraise.com.au}

User IP

  1. The User warrants that all Content uploaded by the User to a Personal Page or otherwise (User IP) is owned by the User or the User has the necessary rights and/or permissions to:
    1. use the Content for the purposes of the Personal Page; and
    2. to grant the licence comprised in clause 29,
    and the User indemnifies GoFundraise from any costs, expenses, claims or damages paid or payable by GoFundraise in connection with a claim by any person that the User IP infringes the Intellectual Property Rights of that person.
  2. The User grants to GoFundraise a royalty free, worldwide, non-exclusive, transferable, licence to use, copy, perform, modify and create derivative works of the User’s Content, in whole or part, as contemplated by these Terms.
  3. The User acknowledges and agrees that upon receipt and notice of any claim under this section, GoFundraise may immediately remove any User content from the Platform without liability. Any claims of any complaining party will be referred to the User.

Authorisation to Fundraise

  1. If You are raising funds for an Authorised Fundraiser (charity or cause) within New South Wales You will be issued with an Authorisation to Fundraise (ATF) by your chosen charity or cause (Authorised Fundraiser) as is required under the Charitable Fundraising Act, 1991 (NSW). ATF will be signed by GoFundraise on behalf of the Authorised Fundraiser and will confirm that you are authorised to fundraise consistent with the information that you have specified. The ATF will commence on the date You create a fundraising page and expire on the date specified and if no date is specified then six months after the creation date. You will only be authorised to fundraise, whether as a face-to-face collector as discussed in clause 32 or through Your fundraising page only, through the Platform, where receipts will be automatically emailed to Donor.

Fundraising face-to-face

  1. If You wish to solicit funds from the public face to face for the Authorised Fundraiser, You may do so under the terms of the ATF and in accordance with the Code of Conduct and Fundraising Guidelines. To conduct face-to-face fundraising You must download, print out and wear your Identification badge at all times when You are soliciting funds from the public. The badge must be returned to the Authorised Fundraiser when the fundraising has ended. The necessary identification badge & ATF may be accessed via the "Authority to Fundraise" tab located in the “My Fundraising Page” area of Your account.

Code of Conduct & Fundraising Guidelines

  1. By creating this Fundraising Page You also agree abide by the Authorised Fundraiser's Code of Conduct (COC) or Fundraising Guidelines, which may also be located in Your "My Fundraising Page" area. If You are unaware of what these are then please contact Your Authorised Fundraiser for a copy. If You do not agree to abide by these conditions then You must not create a fundraising page, or if You have already created the page, delete it immediately.

Termination of Use

  1. GoFundraise reserves the right to reject a registration application or terminate use of the Platform by a registered User without cause or any obligation to discuss the matter with that User. Without limiting the rights reserved in this clause, We may terminate the use of the Platform by a User if:

    1. a serious complaint is received or a number of complaints (amounting to what we determine as a serious complaint) are received about the User and his/her/its;
    2. conduct in using the Website;
    3. You breaches these Terms and Conditions, whether the breach is material or otherwise;
    4. if We deem Your behaviour to be unacceptable (as solely determined by us).

Intellectual Property Rights

  1. For the purposes of these Terms, “Intellectual Property Rights” means all intellectual property rights, including but not limited to:

    1. patents, copyright, rights in circuit layouts, registered and unregistered designs, registered and unregistered trademarks, knowhow and the right to have confidential information kept confidential; and
    2. any application or right to apply for registration of any of the rights referred to in paragraph (a).

  2. GoFundraise owns or has the right to use all Intellectual Property Rights comprised in the Platform. A User must not:

    1. assert any ownership or rights in respect of the Intellectual Property Rights in the Platform;
    2. reverse assemble, reverse engineer, modify, alter, adapt, disassemble, decompile or amend the underlying materials containing the Intellectual Property Rights in the Platform in any way, whether directly or indirectly, or authorise any other person to do so
  3. No use of Content on the Platform is permitted without the prior written consent of GoFundraise, and where applicable, the licensor to GoFundraise of the applicable rights.

No warranties

  1. GoFundraise will make reasonable commercial efforts to maintain the performance of the Platform and continue to deliver services to Users. Despite this clause, the User acknowledges and agrees that GoFundraise cannot and does not guarantee continuous operation of the Platform or the integrity of the data stored or transmitted in or through the Platform or the public Internet. The disclaimer of warranties in this clause replaces all other representations or warranties, whether statutory, express or implied that may have been made by GoFundraise or be found in these Terms or in the relationship between GoFundraise and Users and all such representations and warranties that may be excluded at law are excluded.

Limitation of liability and indemnity by User

  1. GoFundraise will not be liable for direct, indirect, special, incidental, consequential, punitive or exemplary damages of any kind whatsoever including any damages for lost data, lost business, lost profits, injury, claim, liability or damage or failure of security resulting in any way from:

    1. the use of the Platform by a User;
    2. the representations or activities of a User on or through the Platform, whether acting with or without the authorisation of a Beneficiary; or
    3. 38(c) the representations, opinions or activities of Beneficiaries made on or through the Platform.

  2. The User indemnifies and holds GoFundraise, its affiliates, officers, employees and agents harmless from any liabilities, claims, expenses or demands, including legal fees and costs made by any third party due to or arising out of or in connection with:

    1. the use or misuse of the Platform by the User;
    2. Content uploaded by the User;
    3. the breach by the User of these Terms; or
    4. any liability arising out of the use of a User’s account.

Notices

  1. A party notifying or giving notice to GoFundraise under these Terms must do so by notice:

    1. in writing;
    2. addressed to GoFundraise at the address set out at the beginning of these Terms; and
    3. left at or sent by prepaid post, facsimile or email to that address.

  2. A notice given in accordance with clause 41 above, will be deemed received:

    1. on the date of delivery, if left at the recipient’s address;
    2. Five days after the date of posting if sent by prepaid post; and
    3. if sent by facsimile, when the sender’s facsimile system generates a message confirming successful transmission of the total number of pages of the notice unless, within eight business hours after that transmission, the recipient informs the sender that it has not received the entire notice; and
    4. if sent by email, on the day the email is sent (as long as the sender has not received a delivery failure message in relation to that email).

Jurisdiction

  1. The laws of New South Wales and the Commonwealth of Australia (as applicable) govern these Terms and Conditions.

Survival

  1. Clauses 24, 25, 28, 29, 39, 40, 41, 42, survive termination or expiry of these Terms as between GoFundraise and the User.

General

  1. These Terms and Conditions and the GoFundraise Privacy Policy constitute the entire understanding and agreement between the User and GoFundraise and supersede any and all prior oral or written communication on the subject matter contained in them.
  2. If any provision in these Terms and Conditions is held invalid, then such provision (to the extent it is invalid) is deemed severed from these Terms and Conditions and the remainder will not be affected.
  3. All prices are in Australian Dollars unless stipulated otherwise.
  4. Terms & Conditions updated January 2024

 

 

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