Terms and Conditions for Challenge4Change
“Challenge4Change" means a fundraising campaign branded as "Challenge4Change" that is organized by the Organizers.
‘‘ChallengeWorks’’ means the event coordinators for the Event.
“Content” means text, images, motion pictures, audio recordings, blogs and other content uploaded to the Participant's fundraising page as well as that displayed on the Challenge4Change website.
“Event” means any event or activity conducted as part of a Challenge4Change campaign at any time throughout the year.
"Everydayhero" means EverydayHero Pty Ltd ACN 117 080 430.
"IFE" means [IF Exchange Pty Ltd ABN 98 611 672 505] trading as Imagine Corporation.
“Participant” means any entrant or participant in the Event.
"Organizers" means IFE, with the active support ofEverydayhero and ChallengeWorks and the Related Bodies Corporate of each of them.
"Personnel" in relation to a party includes employees, agents, contractors, volunteers and officers.
"Related Body Corporate" has the meaning given in the Corporations Act 2001 (Cth).
“The Beneficiary” refers to the entity chosen as a recipient of funds raised by the Participant.
EFFECT OF TERMS AND CONDITIONS
1. These terms and conditions are between the Participant and the Organizers.
2. By registering for or entering into the Event, the Participant is deemed to accept these terms and conditions and to represent that it meets the entry requirements in clause 3.
3. The Participant must be a resident of Australia:
- (a) aged 16 years or over; or
- (b) who, if under 16, has obtained the express approval of a parent/guardian before completing registration in the Event.
4. The Beneficiary may, in its absolute discretion and without giving reasons for its decision, accept or refuse an application for registration and may seek verification of the above entry requirements in whatever manner it sees fit.
5. Challenge4Change involves setting a personal challenge to achieve at the sole discretion of the Participant.
6. The Participant should, at their sole discretion, seek professional advice from a medical practitioner before setting their personal goal.
HEALTH & SAFETY
7. The Participant accepts full responsibility for:
(a) informing itself as to and assessing all dangers, hazards and risks of participating in the Event, before entering the Event; and
(b) ensuring that it has adequately and appropriately prepared both physically and mentally for the Event, before entering the Event.
8. The Participant relies solely on its own assessment of these dangers, hazards and risks, and is solely responsible for its decision to participate in the Event. The Participant accepts all risks of participating in the Event.
9. By registering for or entering the Event, the Participant warrants that it has fully informed itself about the Event, is fully prepared for the Event, and is not aware of any illness, injury, physical disability or impairment which may cause it injury or death during or as a result of the Event.
10. If the Participant has any health issues or doubts prior to or during the Event, the Participant undertakes to seek immediate and appropriate medical advice.
11. If, during the Event, the Participant becomes ill or is injured, the Participant undertakes that it will cease participation in the Event until it has sought the advice of a medical professional.
COMPLIANCE WITH STATE/TERRITORY LAWS
12. During the Event, the Participant will comply with all applicable laws and any directions issued by officers of the law in their state/territory.
13. Where required by law, the Participant will wear any Australian standard safety equipment at all times during the Event.
WAIVER AND ACKNOWLEDGMENT
14. The Participant acknowledges and agrees that many sporting activities (examples include cycling, swimming, kayaking, skateboarding, roller skating) are inherently dangerous and that it participates in Challenge4Change and any Event at its own risk. The risks associated with participating in Challenge4Change and any Event include but are not limited to the risk that:
- (a) the Participant may be involved in a collision with people, animals, vehicles and/or other objects;
- (b) the Participant may suffer harm from physical exertion or from the actions or inaction of the Organizers or their Personnel;
- (c) the Participant’s or any other person's sporting equipment may malfunction and cause injury;
- (d) the Participant may otherwise have an accident that may cause injury; or
- (e) the Participant may suffer from the effects of heat, cold, wind, rain and other weather conditions.
15. The Participant understands and acknowledges that:
- (a) each of these risks may result in the Participant suffering harm including but not limited to death, physical or mental injury, incapacitation, disability, property damage and economic loss;
- (b) there may be other risks to which the Participant may be exposed, including injury caused to other parties or damage caused to the property of other parties; and
- (c) it is the Participant’s responsibility to ensure that it abides by all road and safety rules, including wearing appropriate clothing and safety equipment, such as helmets, brightly coloured vests and lighting, as may be required by all applicable state and territory laws.
RELEASE AND INDEMNITY
16. In consideration for the Organizers organizing the Event and allowing the Participant to register for the Event, the Participant releases the Organizers and their Personnel, jointly and severally, from and waives all claims (including those arising out of negligence), loss, damage, liability, cost and expense arising out of the Event, the Participant’s participation in the Event or any assistance provided to the Participant in connection with the Event.
17. The Participant indemnifies the Organizers and their Personnel against any claim (including but not limited to those arising in negligence), loss, damage, liability, cost and expense that may be incurred or sustained by the Organizers or any of their Personnel in connection with any act, matter or thing done, permitted or omitted to be done by the Participant or which was in any way connected with the Participant’s involvement in the Event.
18. Nothing in these terms and conditions excludes, restricts or modifies any term, condition, warranty, guarantee, right or remedy (including but not limited to a guarantee under the Australian Consumer Law (“ACL”)) which cannot lawfully be excluded, restricted or modified.
19. The ACL contains guarantees that give consumers certain rights in relation to goods and services they acquire. These guarantees cannot be excluded, restricted or modified except in certain circumstances.
20. Section 139A of the Competition and Consumer Act (2010) (Cth) (“CCA”) permits a term of a contact for the supply to a consumer of recreational services, to exclude liability of the supplier for death and personal injury arising from the failure to comply with a guarantee provided in sections 60 to 62 of the ACL.
21. To the extent permitted by s139A of the CCA, the Participant acknowledges and agrees that the Organisers and their Personnel exclude all liability in connection with the supply of recreational services for:
- (a) death;
- (b) physical or mental injury;
- (c) the aggravation, acceleration or recurrence of a physical or mental injury;
- (d) the contraction, aggravation or acceleration of a disease; and
- (e) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to an individual, that is or may be harmful or disadvantageous to the individual or community, or that may result in harm or disadvantage to the individual or community,
in each case resulting from a failure of the Organizers or any of their Personnel to comply with a guarantee in sections 60-62 of the ACL.
22. In accordance with s139A of the ACL, the exclusion of liability in clause 20 does not apply where significant personal injury is caused by the reckless conduct of the Organizers or their Personnel.
23. The Civil Liability Act 2002 (NSW) (“CLA”) permits a term of a contact for the supply of recreation services to exclude liability of the supplier for damages for harm resulting from breach of an express or implied warranty that the services will be rendered with reasonable care and skill.
24. To the extent permitted by law, the Participant acknowledges and agrees that the Organizers and their Personnel exclude all liability for damages for any harm (including but not limited to personal injury or death, damage to property and economic loss and whether direct, indirect, special or consequential) from a failure to exercise reasonable care and skill, regardless of whether the claim is brought in tort (including in negligence), in contract, under statute or otherwise, where such liability results from breach of an express or implied warranty that the services will be rendered with reasonable care and skill.
25. Except as expressly included in these terms and conditions, all implied terms, conditions, warranties, rights or other additional obligations that can be lawfully excluded are excluded from these terms and conditions.
CONTENT AND DATA
26. The Organizers will endeavour in good faith to provide access to an integrated suite of 3rd party applications to, if so desired, record distances. However, the Participant agrees that the Organizers and their Personnel cannot be held responsible for the loss of data which may eventuate from the 3rd party applications themselves or in transmission between the application and the Event’s website.
27. The Organizers do not claim ownership of Content the Participant may submit or make available for inclusion on fundraising pages. However, with respect to Content the Participant submits, the Participant grants the Organizers and their Personnel a worldwide, perpetual, irrevocable, royalty-free and non-exclusive licence, as applicable, to use, distribute, reproduce, modify, adapt, communicate, publicly perform and publicly display and otherwise exploit such Content for the purposes of promoting Challenge4Change and the Event, and the Participant waives any right to compensation for such Content.
PRIVACY AND PERSONAL INFORMATION
29. The Participant can gain access to, update or correct any personal information held by the Organizers and their Personnel by contacting Everydayhero at https://www.everydayhero.com/au/contact/
30. By entering the Event, the Participant agrees that:
- (a) it may be contacted by the Organizers and their Personnel to provide comments about the Event and Challenge4Change and the Organizers and their Personnel may take photos or recordings of the Participant;
- (b) the Organizers and their Personnel may use any comments obtained from the Participant, its name, and/or likeness and any photos or recordings of the Participant (“the Materials”) for the future promotional and marketing purposes of the Organizers and their Personnel without further reference or compensation to the Participant;
- (c) the Organizers and their Personnel may duplicate, alter, adapt and utilise the Materials as they wish at anytime, anywhere and by any means (including communicating them to the public in any media). The Organizers and their Personnel may license, authorise or otherwise transfer the rights in the Materials to others to do the same;
- (d) the Participant grants to the Organizers and their Personnel on creation of the Materials a worldwide, perpetual, royalty-free, exclusive and irrevocable licence to use the Materials for whatever purpose they determine;
- (e) it unconditionally and irrevocably:
- (f) consents to any act or omission that would otherwise infringe any of the moral rights of the Participant in the materials (as defined in Part IX of the Copyright Act 1968 (Cth)) and present and future rights of a similar nature conferred by statute anywhere in the world whether occurring before or after this consent is given (“Moral Rights”); and
- (g) waives all Moral Rights in the Materials that arise outside Australia; and
- (h) the Participant agrees not to institute, maintain or support any claim or proceeding for infringement of its Moral Rights in the Materials.
31. The Participant agrees:
- (a) that its entry into the Event may be rejected or cancelled at any time by the Organizers;
- (b) to abide by the rules and conditions of entry into and participation in the Event;
- (c) that the Organizers may at any time vary the rules of the Event; and
- (d) that the Participant’s entry into the Event is personal and the Participant has no right to sell or assign that entry.
32. If for any reason, the Event is not capable of being run as planned, the Organizers and their Personnel reserve the right to take any action that may be available to them including cancelling, modifying or suspending the Event.
33. Any Participant who engages in any unlawful or improper conduct which jeopardises or is likely to jeopardise the fair or proper conduct of the Event or who does not comply with the entry process will be ineligible to participate in the Event.
34. The Organizers and their Personnel reserve the right to disqualify Participants in the event of non-compliance with the Terms and Conditions. The decisions in relation to all aspects of the Event of the Organizers and their Personnel are final and binding on each Participant and no correspondence will be entered into.
PRIZES AND INCENTIVES
35. The Competition
- (a) The Competition is a game of skill and chance plays no part in determining any winner of the Competition.
- (b) The Competition in this case refers to the act of fundraising.
- (c) Prizes will be awarded to; the top 5 highest fundraising schools; the top 5 highest fundraising sports Clubs; and the top 4 individual fundraisers, as judged against the Competition Prize Criteria.
- (d) The Competition commences at 12:01am (AEST) on 22 May 2017 and closes at 11:59pm (AEST) on 27 August 2017.
- (a) The Skoolbag Fundraising Challenge is run by Skoolbag: Complete Communication Solution.
i. The top five highest fundraising schools will each receive a $1,000 donation to their school.
ii. To be eligible for the $1,000 donation the school must be registered with Skoolbag.
iii. For all new licensees, Challenge4Change will cover the cost of one year for the Skoolbag app.
- (b) SportsTG Fundraising Challenge is run by SportsTG a NewsCorp Australia company.
i. The top five highest fundraising sports clubs will receive $1,000 towards their chosen club.
- (c) AIPT Fundraising Challenge is run by the Australian Institute of Personal Trainers.
i. The top four individual fundraisers will receive a scholarship valued at $15,000 to AIPT’s Certificate IV in Fitness Fundamentals program.
- (d) The Promoter may, in its absolute discretion, deem any "winning" entry invalid subsequent to the winner being notified or the winner's name being announced if it is discovered that the winner did not enter into or participate in the Competition in accordance with these terms and conditions. In such circumstances, the next best entry, as determined by the Promoter pursuant to these terms and conditions and in its absolute discretion, will be the winner.
- (e) All prizing is final and awarded at the discretion of the event organiser (Imagine Corporation).
37. Notification and Unclaimed Prizes
- (a) Each winner will be notified by email within two (2) business days of the determination of each prize category and the name of the winner will be published on http://www.challenge4change.com.au/
- (b) Each winner must reply to the notification and claim their prize within 90 days of Draw Date.
- (c) Should any winner be unable to accept a prize within 90 days of the Draw Date, a redetermination of the particular prize category will take place on the following business day.