Terms & Conditions

SurFebruary 2024 (the ‘Challenge’) is an initiative of Chris O'Brien Lifehouse to raise funds to support cancer research. By registering for the Challenge, the participant or the parent/legal guardian of a participant under 18 years (referred to in these Terms and Conditions as ‘participant’ or ‘you’), acknowledges and agrees to be bound by these Terms and Conditions.

THE CHALLENGE:

1. The Challenge commences on 1st February 2024 and ends on 29th February 2024.
2. Fundraising will close on 7th March 2024 and all donations must be submitted by this date. 

GENERAL:

1. You confirm you are at least 18 years old or the parent/legal guardian of the participant who is under the age of 18 years. The decision to participate in the Challenge is entirely your own and you take full responsibility for any consequence of your participation in the Challenge.
2. You understand and acknowledge that Chris O'Brien Lifehouse is not able to judge your capacity, fitness or any other matter in relation to your ability to participate in the Challenge. You warrant you are not aware of any illness, injury or any other matter which may cause you injury while participating in the Challenge. 
3. You agree to put in place appropriate precautions before and during the Challenge to ensure that any necessary medical assistance will be available to you. This includes arranging your own personal accident insurance and ambulance cover. You acknowledge that The SurFebruary Foundation is not responsible for organising, or paying for, any costs involved with such medical assistance.
4. You agree that Chris O'Brien Lifehouse reserves the right to cancel the Challenge due to weather conditions, natural disaster, acts of god, terrorism, war or any sort of dangerous conditions and/or force majeure. If such conditions warrant the cancellation of the Challenge, you agree to provide Chris O'Brien Lifehouse all donations made to it as a result of your fundraising activities.
5. You agree that should you choose to withdraw from the Challenge you will provide all donations to Chris O'Brien Lifehouse made to it as a result of your fundraising activities.
6. All expenses and costs associated with your participation in the Challenge must be paid by you. 
7. While you are permitted by Chris O'Brien Lifehouse to participate in the Challenge and related fundraising activities, you may use SurFebruary name, the word SurFebruary associated with the Challenge and the SurFebruary logo for the purposes of participating in and/or promoting your participation in the Challenge and your fundraising activities. You agree to abide by any guidelines provided to you by Chris O'Brien LIfehouse regarding the use of the ‘SurFebruary’ name and logo. 
8. You acknowledge that Chris O'Brien Lifehouse reserves the right to amend the Terms and Conditions of the Challenge at any time. Any amendment will be effective immediately. Accordingly, you should access and read the Terms and Conditions available on our website (www.surfebruary.com) from time to time.

FUNDRAISING:

1. You acknowledge that by registering for the Challenge, you pledge to raise funds for Chris O'Brien LIfehouse.
2. All fundraising conducted for this Event comes under Chris O’Brien Lifehouse’s authority to fundraise in the respective State or Territory in Australia and you agree to be bound by the relevant state and national fundraising legislation.
3. Donations of AUD$2.00 or more to CHris O'Brien LIfehouse are tax-deductible provided the donor voluntarily makes the donation without receiving, or expecting to receive, any material benefit or advantage in return. As it is ultimately each donor’s responsibility to determine whether their donation is tax deductible, we recommend they seek their own independent tax advice. 
4. Chris O'Brien Lifehouse has provided you with a dedicated online fundraising page, where your supporters can make donations directly  in support of your participation in the Challenge. Once the donated funds have been cleared, they will be added to your online fundraising page and added to your overall fundraising tally. Please be aware that this may take up to 7 business days to be completed. 
5. Everyone who donates to CHris O'Brien Lifehouse online through your fundraising page will be automatically issued with a tax-deductible receipt. 
6. You may also collect donations outside of your fundraising page (‘offline donations’). In this case you are required to notify Chris O'Brien Lifehouse by email sara.walker@lh.org.au of the donor’s name, email address and donation amount and deposit the donation into the following bank account: 

Account name: Lifehouse Australia

BSB: 062 212

ACCOUNT NUMBER: 1060 8646

1. Once  Chris O'Brien Lifehouse has received notification of an offline donation and received the respective donation into its bank account, CHris O'Brien Lifehouse will email the donor a receipt for their donation. If the donor does not have an email address, their receipt will be sent to you to be provided to the donor. 
2. Any content you post to the online fundraising page or on your social media (e.g. photos, videos and text) is your responsibility, and you must have the necessary rights to post that content (including the consent of others who feature in the content). Chris O'Brien Lifehouse retains the right to delete any content posted on the fundraising page and may request that you delete content on your social media if it infringes any third parties rights or laws.
3. You acknowledge that by registering for the Event, you pledge to raise funds for Chris O'Brien Lifehouse.
4. All fundraising conducted for this Event comes under Chris O’Brien Lifehouse’s authority to fundraise in the respective State or Territory in Australia and you agree to be bound by the relevant state and national fundraising legislation.
5. Chris O’Brien Lifehouse can refund a donation made in error. If you wish to request a refund, please contact Lifehouse via sara.walker@lh.org.au

1. Donations may only be collected for the purpose that is given in this Authority to Fundraise.
2. All advertising and promotional materials used for your participation in the Challenge and associated fundraising activities must clearly state that donations are being collected under the authority of Chris O'Brien Lifehouse.
3. All expenses and costs associated with your fundraising activities for Chris O'Brien Lifehouse must be paid by you. 
4. Any donation made through the fundraising page by a donor inserting their credit card details is final and not disputable. Where there has been an unauthorised use of a donor’s credit card, and the unauthorised nature of that use is proved on the balance of probabilities, then the donation may be considered for refund.
5. Chris O'Brien Lifehouse thoroughly considers all requests for a refund and will ensure that genuine errors are corrected, however it is under no obligation to give refunds and the decisions on refunds will be at Chris O'Brien Lifehouse sole discretion. 
6. If a donation is refunded, the associated tax receipt is no longer valid and should be securely destroyed. Please note it is the responsibility of the donor to submit correct receipts to the Australia Taxation Office. 

CHILD SAFETY: 

1. You confirm that you do not have any pending/current charges or past criminal convictions relating to a sexual offence or that are of a violent nature or assault. You have never been convicted, with or without trial of, pleaded guilty or no contest to a theft or fraud charge. You are not currently awaiting or attending a trial or been arrested for a theft, fraud charge, sexual offence, assault or crime of a violent nature. If you cannot confirm these matters, you understand and agree that you cannot participate in the Challenge or associated fundraising activities.
2. If you are the parent or legal guardian of a child or young person participating in the Challenge, you agree not to post your child’s surname or location online or on social media, or any images or videos where your child’s surname or location may be identifiable (including hashtags that identify personal information or locations). You agree to ensure your child is dressed appropriately in any images or videos posted for the Challenge, and that no images or videos of your child will be taken in a bedroom or bathroom. You acknowledge that even when privacy settings are activated on your and/or your child’s social media accounts, there is still a risk that any content posted on these accounts could be shared.
3. If your child is participating in the Challenge and is under the age of 13, you agree that their social media accounts will be created and moderated by you.

PRIVACY:

1. Chris O'Brien Lifehouse respects and is committed to protecting the privacy of the personal information it collects.
2. Chris O'Brien Lifehouse will collect your personal information and any other information you may volunteer so that it can: administer and conduct the Challenge; and keep you informed about Chris O'Brien Lifehouse, its fundraising activities and the important work you are supporting. You acknowledge that if Chris O'Brien Lifehouse does not collect your personal information, you will be unable to participate in the Challenge or associated fundraising activities.
3. Chris O'Brien Lifehouse may use your image, name, fundraising page and Challenge result in any promotion relating to this Challenge, including in the leader boards and/or on the Challenge website and social media accounts without payment or compensation. You understand that Chris O'Brien Lifehouse will endeavour to remove any photographs, video of you or your personal information as soon as reasonably possible upon written request from you.
4. More information about the management of personal information, including storage and use, access and correction, and removal is included in our Privacy Policy, which can be found at mylifehouse.org.au/privacy-statement

PRIZES:

1. You must be registered to the Challenge and have a valid postal address within Australia to be eligible for any prizes. 
2. The first 200 participants to register for the Challenge, create their fundraising page and provide a valid postage address and add $25 or more to their page will receive an Early Bird pack of one (1) limited edition rash shirt
3. All prizes will be mailed to the address provided when the participant registered for the Challenge unless otherwise nominated by the recipient within 2 days of the prize notification.
4. Winners of prizes will be notified via email. If a winner cannot be contacted or does not claim the prize within 14 days of notification, The Chris O'Brien Lifehouse reserves the right to withdraw the prize from the winner and award the prize to a replacement winner.
5. It is your responsibility to determine whether your donation(s) to Chris O'Brien Lifehouse  are tax deductible if you receive a prize. If you do not wish to receive a prize because it will affect the tax deductibility of your donation(s), you can notify Chris O'Brien Lifehouse of this at the time you are notified of your prize, and Chris O'Brien Lifehouse  will withdraw the prize from you and award the prize to a replacement winner.
6. The winners agree to the use of their name, image and fundraising profile (or any information contained therein) in any publicity material.
7. Prizes cannot be redeemed or exchanged for any other products.
8. The prize is not transferable or exchangeable and cannot be taken as cash.
9. Chris O'Brien Lifehouse n accepts no responsibility for any loss, damages, or injury incurred to enter the competition or in connection with taking up the prizes.
10. Chris O'Brien Lifehouse  takes no responsibility for prizes damaged, delayed or lost in transit. Once prizes have left the prize supplier’s premises, the prize supplier takes no responsibility for prizes damaged, delayed or lost in transit.
11. Chris O'Brien Lifehouse  takes no liability for any tax issues which may arise from accepting a prize in this competition. Consult an independent tax adviser if this is a concern.
12. It is a condition of accepting the prize that the winner must comply with all the conditions of use of the prize and the prize supplier’s requirements.
13. Chris O'Brien Lifehouse  reserves the right to cancel or amend the competition or the prizes and these Terms and Conditions without notice. Any changes to the competition will be notified to entrants as soon as possible.
14. Chris O'Brien Lifehouse  is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.
15. Chris O'Brien Lifehouse ’s decision in respect of all matters to do with the competition and prizes will be final and no correspondence will be entered into.
16. The promoter is Chris O'Brien Lifehouse Trade Promotion Permit TBC

FINAL CONDITIONS:

1. You agree that your participation in the Challenge is subject to the sole discretion of Chris O'Brien Lifehouse , and that your participation may be limited or terminated by Chris O'Brien Lifehouse , with or without cause. 
2. You acknowledge and agree that Chris O'Brien Lifehouse  may also, in its absolute discretion, withdraw your authority to fundraise, at which time you must immediately cease participating in the fundraising activities associated with the Challenge and discontinue any use of The SurFebruary name and logo. 
3. Except for any liability that cannot be excluded by law, Chris O'Brien Lifehouse  (including its officers, employees, volunteers and agents) excludes all liability (including negligence), for any personal or permanent injury or loss of life; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Challenge.
4. You agree to release, indemnify and hold harmless Chris O'Brien Lifehouse  (including its officers, employees, volunteers and agents) from all claims, actions, demands, suits or proceedings of any nature whatsoever which may be made by you, or on your behalf, or by or on behalf of any other person, in respect of or arising out of any liability, loss, cost, damage or expense, including but not limited to damage to property, injury or death that you or any other person suffers during the course of or as a result of the Challenge (including during any preparation for the Challenge or associated activity) however caused. 
5. Chris O'Brien Lifehouse  assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alterations of entries for prizes, and reserves the right to take any action that may be available. 
6. If for any reason this Challenge or the prizes are not capable of running as planned, due to causes including, but not limited to tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of Chris O'Brien Lifehouse  which corrupt or affect the administration security, fairness, integrity or proper conduct of this Challenge and it’s prize components, Chris O'Brien Lifehouse  reserves the right in its sole discretion, to the fullest extent permitted by law, to disqualify any individual who tampers with the entry process, and take any action that may be available, and to cancel, terminate, modify or suspend the competition. 
7. These Terms and Conditions are governed by the laws of the State of New South Wales and the New South Wales courts shall have exclusive jurisdiction for any dispute arising under or relating to these Terms and Conditions.