SurFebruary 2023 (the ‘Challenge’) is an initiative of The SurFebruary Foundation (ABN 91 573 033 648) 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 commences on 1st February 2023 and ends on 28th February 2023.
- Fundraising will close on 7th March 2023 and all donations must be submitted to The SurFebruary Foundation by this date.
- 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.
- You understand and acknowledge that The SurFebruary Foundation 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.
- 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.
- You agree that The SurFebruary Foundation 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 The SurFebruary Foundation all donations made to it as a result of your fundraising activities.
- You agree that should you choose to withdraw from the Challenge you will provide all donations to The SurFebruary Foundation made to it as a result of your fundraising activities.
- All expenses and costs associated with your participation in the Challenge must be paid by you.
- While you are permitted by The SurFebruary Foundation to participate in the Challenge and related fundraising activities, you may use The SurFebruary Foundation’s 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 The SurFebruary Foundation regarding the use of the ‘SurFebruary’ name and logo.
- You acknowledge that The SurFebruary Foundation 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.
- You acknowledge that by registering for the Challenge, you pledge to raise funds for The SurFebruary Foundation. The SurFebruary Foundation is a Tax Concession Charity with Deductible Gift Recipient endorsement from the Australian Tax Office. Donations of AUD$2.00 or more to The SurFebruary Foundation 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.
- The SurFebruary Foundation has provided you with a dedicated online fundraising page, where your supporters can make donations directly to The SurFebruary Foundation 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.
- Everyone who donates to The SurFebruary Foundation online through your fundraising page will be automatically issued with a tax-deductible receipt.
- You may also collect donations outside of your fundraising page (‘offline donations’). In this case you are required to notify The SurFebruary Foundation by email (firstname.lastname@example.org) of the donor’s name, email address and donation amount and deposit the donation into the following bank account:
Account name: SURFEBRUARY PTY LTD AS TRUSTEES FOR THE SURFEBRUARY FOUNDATION
BSB: 062 287
ACCOUNT NUMBER: 1059 1264
- Once The SurFebruary Foundation has received notification of an offline donation and received the respective donation into its bank account, The SurFebruary Foundation 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.
- 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). The SurFebruary Foundation 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.
- When using the fundraising page. you agree to comply with Raisley’s Website Terms and Conditions (https://www.raisely.com/terms).
- All fundraising conducted by you for this Challenge is under The SurFebruary Foundation’s authority to fundraise below and you agree to be bound by the relevant state and national fundraising legislation:
Authority to fundraise
Issued to: Participants in the Challenge
Event details: Fundraising for The SurFebruary Foundation
Date of event: 1 – 28 February 2023
Location: Online fundraising
Dates of fundraising authority: 21 November 2022 – 7 March 2023
- Donations may only be collected for the purpose that is given in this Authority to Fundraise.
- 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 The SurFebruary Foundation, a registered Australian charity.
- All expenses and costs associated with your fundraising activities for The SurFebruary Foundation must be paid by you.
- To seek a donation refund the donor must contact The SurFebruary Foundation within 14 days of making the donation by email to email@example.com. The donor must provide details of how they made the donation, the amount, the date and the circumstances justifying their request for a refund.
- 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.
- The SurFebruary Foundation 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 The SurFebruary Foundation’s sole discretion.
- 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.
- 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.
- 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.
- 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.
- The SurFebruary Foundation respects and is committed to protecting the privacy of the personal information it collects.
- The SurFebruary Foundation 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 The SurFebruary Foundation, its fundraising activities and the important work you are supporting. You acknowledge that if The SurFebruary Foundation does not collect your personal information, you will be unable to participate in the Challenge or associated fundraising activities.
- The SurFebruary Foundation 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 The SurFebruary Foundation will endeavour to remove any photographs, video of you or your personal information as soon as reasonably possible upon written request from you.
- You must be registered to the Challenge and have a valid postal address within Australia to be eligible for any prizes.
- The first 200 participants to register for the Challenge, create their fundraising page and provide a valid postage address will receive an Early Bird pack of one (1) limited edition rash shirt, one (1) sticker, one (1) bar of surf wax, and one (1) tube of sunscreen.
- In addition;
- Participants who raise AUD$50 for The SurFebruary Foundation and provide a valid postage address will receive one (1) SurFebruary hat, either blue or black. Colour is chosen at random. One size fits all.
- The first 100 participants who raise AUD$100 for The SurFebruary Foundation, provide a valid postage address and who are not Early Bird pack recipients, will receive one (1) limited edition rash shirt. Sizes are limited.
- The first 200 participants who raise AUD$350 for The SurFebruary Foundation and provide a valid postage address will receive one (1) SurFebruary Team Tee, either blue or black. Colour is chosen at random. Sizes are limited.
- The first 50 participants who raise AUD$500 for The SurFebruary Foundation and provide a valid postage address will receive a prize pack of one (1) FCS leash, one (1) 100g SunButter Tinted Sunscreen, one (1) FCS wax comb and one (1) SurFebruary stubby cooler.
- Participants who raise AUD$750 for The SurFebruary Foundation and provide a valid postage address will receive one (1) entry into the draw to win a McTavish surfboard. More terms and conditions in the MAJOR PRIZES clause below.
- All participants who create a valid individual profile by 11:59pm on 31st January, 2023 will receive one (1) entry into the draw to win one (1) of ten (10) annual subscriptions for Campos Coffee as part of the early registration prize. More terms and conditions in the MAJOR PRIZES clause below.
- 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.
- 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 SurFebruary Foundation reserves the right to withdraw the prize from the winner and award the prize to a replacement winner.
- It is your responsibility to determine whether your donation(s) to The SurFebruary Foundation 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 The SurFebruary Foundation of this at the time you are notified of your prize, and the The SurFebruary Foundation will withdraw the prize from you and award the prize to a replacement winner.
- The winners agree to the use of their name, image and fundraising profile (or any information contained therein) in any publicity material.
- Prizes cannot be redeemed or exchanged for any other products.
- The prize is not transferable or exchangeable and cannot be taken as cash.
- The SurFebruary Foundation accepts no responsibility for any loss, damages, or injury incurred to enter the competition or in connection with taking up the prizes.
- The SurFebruary Foundation 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.
- The SurFebruary Foundation 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.
- 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.
- The SurFebruary Foundation 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.
- The SurFebruary Foundation is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.
- The SurFebruary Foundation’s decision in respect of all matters to do with the competition and prizes will be final and no correspondence will be entered into.
- The promoter is The SurFebruary Foundation (ABN 91 573 033 648) of 3 Rose Street, Cronulla NSW 2230. The SurFebruary Foundation Trade Promotion Permit TP/01597
- The McTavish Surfboard draw:
- Participants who raise AUD$750 for The SurFebruary Foundation and provide a valid postage address will receive one (1) entry into the draw to win a McTavish surfboard.
- The first eligible entry drawn at 7pm on 8th March 2023 will win one (1) McTavish 9’4″ Noserider surfboard with vanilla resin panels, 3/4″ paulownia stringer, solid volan lamination and a polish finish. RRP: AUD$2895
- Surfboard will be delivered to any capital city within 12 weeks after the winner has supplied a valid postal address. Surfboard prize includes a soft cover board bag as well.
- Recommended Retail Price (RRP) is correct at the time of competition permit submission. The RRP is subject to change.
- The winner will be notified over the phone and in writing using contact details provided in their entry. Their name will be published on the SurFebruary Instagram page on 8th March 2023.
- The prize may not be redeemed for cash or credit. Any tax on the prize is the responsibility of the winner.
- By accepting the Prize, the winner agrees to participate in and co-operate as required with all reasonable media requests relating to the prize. The media of the winner may be used in any future marketing promotions as required by The SurFebruary Foundation and McTavish Surf.
- The Promoter and McTavish Surf shall not be liable for any costs associated with the prize before or after the delivery.
- The Promoter and McTavish Surf shall not be liable for any loss or damage whatsoever that is suffered by any entrant or winner (including but not limited to indirect or consequential loss), or for any personal injury suffered or sustained as a result of taking any prize, except for any liability that cannot be excluded by law.
- The Promoter and McTavish Surf and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this competition or accepting or using any prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
- Without limiting the previous paragraph, the Promoter and McTavish Surf and its associated agencies and companies will not be liable for any damage to or delay in transit of the Prize.
- The Promoter and McTavish Surf accepts no responsibility for any tax implications that may arise from the Prize winnings. Independent financial advice should be sought.
- The Campos Coffee Early Registration draw:
- All participants who create a valid individual profile by 11:59pm on 31st January, 2023 will receive one (1) entry into the draw to win one (1) of ten (10) annual subscriptions for Campos Coffee.
- The first ten (10) eligible entries drawn at 12pm on 1st February 2023 will win one (1) 1kg bag of Campos Superior Beans (not ground), once per month, for twelve (12) months.
- RRP: AUD$594. Recommended Retail Price (RRP) is correct at the time of competition permit submission. The RRP is subject to change.
- Shipping in Australia only. Free shipping is included.
- The winners will be notified using the contact details provided in their entry. Their name will be published on the SurFebruary Instagram page on 1st February 2023.
- The full name and email address of the winners will be issued to Campos Coffee after the winners have been notified. Campos Coffee will contact winners directly to issue them with a unique code to claim their prize and to explain the process of claiming the subscription.
- The prize may not be redeemed for cash or credit. Any tax on the prize is the responsibility of the winner.
- By accepting the Prize, the winner agrees to participate in and co-operate as required with all reasonable media requests relating to the prize. The media of the winner may be used in any future marketing promotions as required by The SurFebruary Foundation and Campos Coffee
- The Promoter and Campos Coffee shall not be liable for any costs associated with the prize before or after the delivery.
- The Promoter and Campos Coffee and its associated agencies and companies will not be liable for any damage to or delay in transit of the Prize.
- The Promoter and Campos Coffee accepts no responsibility for any tax implications that may arise from the Prize winnings. Independent financial advice should be sought.
- You agree that your participation in the Challenge is subject to the sole discretion of The SurFebruary Foundation, and that your participation may be limited or terminated by The SurFebruary Foundation, with or without cause.
- You acknowledge and agree that The SurFebruary Foundation 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 Foundation name and logo.
- Except for any liability that cannot be excluded by law, The SurFebruary Foundation (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.
- You agree to release, indemnify and hold harmless The SurFebruary Foundation (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.
- The SurFebruary Foundation 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.
- 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 The SurFebruary Foundation which corrupt or affect the administration security, fairness, integrity or proper conduct of this Challenge and it’s prize components, The SurFebruary Foundation 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.
- 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.
HOW TO CONTACT US:
- You can contact The SurFebruary Foundation via email: firstname.lastname@example.org
Thank you for having a go and helping change the lives of those affected by cancer.
The funds and awareness you raise are vital.
Thank you again for making a difference.