Terms & Conditions
I acknowledge and agree to the following terms, conditions and disclaimers in relation to the challenge:
- My participation in the challenge will be entirely of my own free will and at my own risk
- I acknowledge that, to the maximum extent permitted by law, the challenge and muscular dystrophy nsw disclaim, and do not assume any duty, responsibility or liability to me for any loss or damage to my personal property, or injury to me or my death arising out of or in any manner whatsoever connected with my participation in, or any statements in relation to, or promotion of, the challenge by muscular dystrophy nsw or the challenge
- I release and discharge the challenge and muscular dystrophy nsw, to the maximum extent permitted by law, from:
- All responsibility or liability arising from any act, omission, or neglect causing loss or damage to my personal property, or injury to me or my death; and
- All claims, suits, actions or proceedings or demands, costs, charges and liabilities now or in the future of whatsoever nature, arising out of or in relation to or in any manner whatsoever connected with my participation in, or any statements in relation to, or promotion of, the challenge by muscular dystrophy nsw or the challenge.
- This document may (to the maximum extent permitted by law) be pleaded in any court as a bar to any action, suit, claim, cause of action or proceedings commenced or at any time to be commenced by me or by any person claiming through me or on my behalf against the challenge and muscular dystrophy nsw arising out of or in relation to or in any manner whatsoever connected with my participation in, or any statements in relation to, or promotion of, the challenge by muscular dystrophy nsw or the challenge.
You represent and warrant to us that you:
- Are in a good state of health to participate in the challenge and will not participate in any activities that you have been advised otherwise by a medical practitioner;
- Will consult your doctor immediately if you suffer any personal injury, illness or any unusual symptoms or reactions, and in those circumstances, will stop participating in the challenge;
- Have the legal capacity to enter these terms;
- Are 16 years of age or older
- Will keep all passwords, account names, log in identifiers required to access the challenge site secure and confidential;
- Will be solely responsible for all your activities on the challenge site and related posts on social media sites;
- Will not use the challenge site in any way that causes, or is likely to cause, the site or access to it to be interrupted, damaged or impaired in any way;
- Will not use the site and related posts on social media sites to misrepresent your identity or affiliation with any person or organisation;
- Will not use the site and related posts on social media sites to conduct, display or forward details of any survey, contest, pyramid scheme or chain letter or use any part of our site to send commercial messages in contradiction of the spam act 2003 (cth)
- Will not attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the site, any associated website or any other website;
- Will not hide, deface, alter or delete any copyright symbol, trade mark or other proprietary rights notice;
- Will not use any part of the site which you are not authorised to use or devise ways to circumvent security in order to access part of the site which you are not authorised to access. This includes, but is not limited to, scanning networks with the intent to breach and/or evaluate security, whether or not the intrusion results in access; and
- Will not use or attempt to use the site for any unlawful, criminal or negligent purpose. This includes, but is not limited to, password cracking, social engineering (defrauding others into releasing their passwords), denial-of-service attacks, harmful and malicious destruction of data, infringing the intellectual property rights of any person, and injection of computer viruses and intentional invasion of privacy.
Muscular dystrophy nsw reserves the right to withdraw approval to fundraise should it be necessary to protect its reputation.
Muscular dystrophy nsw respects and is committed to protecting the privacy of the people whose personal information it collects. By participating, you have agreed that muscular dystrophy nsw may collect, use and disclose your personal information to carry out the functions and activities of muscular dystrophy nsw including to process donations, to comply with our legal obligations, to recruit, train and manage our people, to maintain and update our records and to help us manage and provide our services. Unless you ask us not to we may also use your information to ask for your support and to keep you informed about the wonderful ways in which our donors and supporters help us to make a difference to the lives of those affected by a neuromuscular condition.
Social media agreement
- You must not use the site in any way that causes, or is likely to cause, the site or access to it to be interrupted, damaged or impaired in any way.
- You must ensure that any content you upload onto the site and any social media posts related to the challenge (including photographs) is not obscene, offensive, defamatory or racist and does not breach any law or regulation or any intellectual property rights of a third party or any right or duty owed to a third party. This means that if any of the content you upload is copyright protected, you must obtain the copyright owner’s written permission in order to use it.
- In the event that you become aware of any content which breaches any of the above rules, please notify us immediately.
- You must not use the site to misrepresent your identity or affiliation with any person or organisation.
- Any person or organisation fundraising for a charitable organisation in australia must, by law, have an ‘authority to fundraise’ letter, unless they are exempted.
- To obtain an authority to fundraise letter, complete the application form provided by mdnsw staff. When we have received your signed form, and approval has been granted, mdnsw will provide a letter of authority. You/your group are not authorised to use muscular dystrophy nsw as its beneficiary charity until you have received written approval.
- The activity/event must meet requirements of relevant laws and regulations of their state or territory. Each state and territory has different fundraising regulations and it is your responsibility to ensure you meet any obligations outlined in these regulations, including organisational permits, licences, insurance or authorities to fundraise where necessary, particularly for raffles and competitions. For more information please visit: acnc.gov.au
- Any fundraising activity/event with the purpose of raising funds to be donated to mdnsw shall be conducted in the fundraisers’ name and is the sole responsibility of the fundraiser.
- Mdnsw is not responsible for any fundraising activities/events undertaken by the fundraiser.
- Fundraisers raising funds under the mdnsw name are not permitted to raise funds for personal financial gain. All funds must be donated to mdnsw at completeion of activity/event, unless there has been an agreed upon percentage of funds to be shared with multiple charitable organisations.
- Mdnsw is unable to take a coordination role in all these activities and does not become involved in soliciting prizes, organising publicity or media, providing goods or services to assist the fundraiser in the running of the activity/event.
- You must send us any offline funds raised, along with a complete record of income and expenditure, supporting receipts and invoices within 28 days of the activity/event being completed. Please use the activity completion form provided.
- Mdnsw does not pay expenses incurred by you, but you are permitted to deduct your necessary expenses from the proceeds of your event, provided they are propperly documented.
- Mdnsw is unable to reimburse event expenses from funds deposited via online fundraising platforms. All expenses incurred must therefore be managed by you and total expenses should be less than 20 per cent of total proceeds.
- Mdnsw can provide official receipts for all donations. Tax-deductible receipts can only be issued to people donating $2 or more. For a gift to be tax deductible, donors must not receive anything in return. Gifts that are not tax deductible include raffle tickets, entry to events, auctions, and the purchase of goods.
- Mdnsw may give you permission to use its ‘in support of’ logo on promotional material, once that material has been approved by mdnsw. Any printed material produced by the fundraiser which carries the ‘in support of’ mdnsw logo must have prior approval from the mdnsw office.
- The fundraiser agrees to release mdnsw to the fullest extent permissible under law for all claims and demands of any kind associated with the event or activity. This will indemnify mdnsw for all liability or costs that may arise in respect to any damage, loss or injury occurring to any person in any way associated with the event caused by your breach of these responsibilities or your negligence.
- Mdnsw reserves the right to withdraw our support of the fundraising event or activity at any time if it appears there is a likelihood of the organiser failing to meet any of the above responsibilities and/ or not aligning with mdnsw mission, brand and values.