The March Charge Terms & Conditions of Participation
In consideration of my application for entry into The March Charge being accepted, I accept these terms and conditions of participation in the event, intending to be legally bound for myself and my successors, executors and administrators.
‘The March Charge’ includes not only The March Charge race event, but all other activities relating to The March Charge, whether occurring before, during or after the event, and whether organised by Cancer Council or any other party (including me).
I agree to follow the rules, regulations and instructions of the organisers and Cancer Council. I understand that vehicles are parked at the owner's risk. I accept that the organisers and Cancer Council are not responsible for the security of my personal belongings.
I understand that participants under the age of 18 are required to have a parent or guardian read and accept these terms and conditions of entry on their behalf.
Cancer Council reserves the right, in its absolute discretion, to refuse your registration in The March Charge or to disqualify you from The March Charge for breach of these terms and conditions or for any other reason Cancer Council determines appropriate.
Physical Risk Notice
The March Charge is an event that involves physical exertion and as such has certain inherent risks associated with the activity. Included in these risks are injury due to slippery or uneven surfaces, obstacles, trip hazards, overcrowding, collision with objects or people and the effects of heat, cold, dehydration and exhaustion. Injuries may include injuries from falls such as broken bones, sprained muscles, injuries to ligaments, cartilage or other soft tissue, blisters, cuts and abrasions. Injuries may also arise from exertion such as heart attacks, fainting and loss of consciousness. If Cancer Council becomes aware that I am undertaking particularly risky or dangerous activity as part of The March Charge it may request that I refrain from that activity and I agree that will comply with that request or have my entry into The March Charge cancelled. I acknowledge that Cancer Council has not undertaken an assessment of my ability to participate.
I understand that I may be at greater risk of illness or injury if I suffer an ongoing medical condition or a poor standard of health or fitness, or if I have pre-existing injuries. I understand that Cancer Council recommends that I consult a doctor particularly if I have ever experienced a heart condition, stroke, unexplained chest pains, faintness, dizziness, shortness of breath, severe asthma, diabetes, muscle, joint or bone problems or any other medical conditions that may make it dangerous for me to participate in physical activity and/or if I am in any doubt as to my fitness and whether to participate.
Regardless of whether I have consulted a doctor, I agree that by participating in The March Charge, I do so entirely at my own risk. I verify that I am in proper physical and mental condition to participate in The March Charge and acknowledge that I am aware of the risks involved and voluntarily agree to assume those risks.
I understand that Cancer Council has obtained no personal accident insurance covering my participation in The March Charge.
Waiver and indemnity
I fully and irrevocably exclude Cancer Council and The March Charge sponsors (individually and collectively), including their directors, officers, staff, volunteers and representatives, from all liability (whether in negligence, contract, under statute or otherwise) suffered by me as a consequence of my involvement in The March Charge, including in relation to death and personal injury.
I fully and irrevocably indemnify, and at all times hereafter keep indemnified, Cancer Council, and The March Charge sponsors (individually and collectively), including their directors, officers, staff, volunteers and representatives, from any liability (including for consequential loss, loss of profits and legal costs on a full indemnity basis) to any third party or other participant in The March Charge arising from my participation in The March Charge or as a direct or indirect result of any act or omission by me.
Cancer Council’s liability
I understand and agree that to the maximum extent permitted by law:
- Cancer Council excludes all conditions, warranties, guarantees, rights, remedies, liabilities or other terms implied or conferred by statute, custom, or the general law that impose any liability or obligation on Cancer Council (including consumer guarantees to the extent such exclusions are permitted in contracts relating to the supply of recreational services);
- Cancer Council excludes all liability to me or any third party in contract, tort (including negligence) or otherwise for any loss, damage, cost or expense of any kind (including direct, indirect or consequential losses, damages, costs and expenses) suffered or incurred by me or any third person in connection with the website or The March Charge; and
- where Cancer Council is unable to exclude liability, its liability to me is limited (at its option) to resupplying, repairing or replacing the service or the payment of the cost of supplying the service to me again.
If any provision in these terms and conditions is unenforceable, illegal or void, then the parties agree that the provision must be read down the minimum necessary to allow it to be enforceable whilst preserving as close as is possible the purpose of the provision. If the provision cannot be read down, it is severed and the rest of this document remains in force.
I understand that The March Charge is a personal challenge event whereby I nominate how many kilometres I will run or walk during March. The March Charge is not a race. However, while there are no ‘winners’, the leader board on the website will display the names of participants who have run the furthest. I acknowledge that I am responsible for tracking my Kilometres and updating my personal fundraising page.
I understand that information on the The March Charge website(s) and/or Cancer Council websites are intended as a guide only, and no reliance should be made upon any information as a definitive or complete statement of any scientific evidence. Information (where applicable) is not intended as medical advice, and should not be relied upon as a substitute for consultations with qualified health professionals who can determine an individual's health needs.
I acknowledge that the website is provided "as is", and Cancer Council gives no express warranties of any kind relating in any way to the website, including (i) warranties as to merchantability or fitness for a particular purpose; or (ii) a warranty that my access to or use of the website will be uninterrupted or error free, or that the website (including its content), or any emails received from Cancer Council, will be free from viruses (and, to this end, I should protect my software and systems by installing and implementing my own virus, security and system checks).
I acknowledge that in the course of The March Charge, photographs, images or film may be taken of me, either alone or in group shots with others. I agree to the use of my name, image in these photographs, images or film and for their use by any Cancer Council and any of their assignees or licensees for any purpose (including publicity, merchandising, editorial, education and fundraising) in any country and by any form of media without qualification (e.g. newspapers, magazines, other print publications, radio and television broadcasts, websites, webinars, podcasts and vodcasts) in perpetuity. I also agree that the photographs or film may be used by third party media organisations in connection with the reporting of The March Charge.
I understand that Cancer Council collects two types of information through this website:
- Personal or individually identifiable information that I provide; and
- Standard web server/visitor traffic information such as ISP addresses, browser versions, referring websites, duration of visits and total visitor traffic. This information helps Cancer Council to understand how people use its website and assists Cancer Council to manage its site to better serve its audience.
Copyright to material associated with The March Charge and this website is vested in one or more Cancer Councils unless otherwise specified. You are granted permission to browse this material, including making temporary copies to facilitate such browsing, to create links to these pages and print hard copy for personal use.
Information from this site can be reprinted without permission providing appropriate acknowledgment is given and the integrity of the source document is maintained. Logos and marks of a Cancer Council and The March Charge may be used in connection with fundraising for The March Charge and other non-commercial uses for promoting The March Charge.
“Cancer Council”, “we”, “us” or “our” means Cancer Council Australia or the Cancer Council in the State or Territory in which you are participating in the fundraising activity, or in your State or Territory of residence (as applicable). Full details of Cancer Council Australia and its State and Territory members are available here: http://www.cancer.org.au/about-us/state-and-territory-councils/.
The March Charge Terms & Conditions of Fitbit promotion
- Instructions on how to enter form part of these conditions. Entry into the promotion constitutes acceptance of these conditions.
- The competition commences at 11.00am AEST on Tuesday 28 February 2017 and closes at 11.59pm on Thursday 2 March 2017 (the promotion period).
- To enter, you must register for The March Charge 2017 within the promotion period. Only one entry is permitted per person.
- The competition is open to Australian residents only. If you are under 18, you need your parent’s or guardian’s permission to enter. Employees of Cancer Council Australia and of its members are ineligible to enter.
- This is a game of chance with no fee payable for entry. The winning entry will be determined by random draw from the pool of entrants who have completed the survey.
- The draw will be conducted at the promoter’s head office at 2.00pm AEST on Friday 3 March 2017. The judges’ decision is final and no correspondence will be entered into.
- There is one prize of FitBit Charge 2 valued at $249.95.00.
- Any ancillary costs associated with redeeming the prize are not included. The promoter accepts no responsibility for any variation in prize value. All prize values are the recommended retail price including GST (where applicable). The prize is not redeemable for cash. If a prize or element of a prize becomes unavailable, for any reason beyond the Promoter’s reasonable control, then a comparable prize or prize element of equal or greater value will be awarded in lieu.
- The winners will be notified via e-mail from 2.00pm AEST on Friday 3 March 2017 and must provide a postal address for the prize to be mailed.
- The prize will be mailed within twenty one (21) days of the draw. In the event that the winner does not provide a postal address within 21 days of the draw, the prize will be forfeited by the winner. If a winner is under 18 years of age, the prize will be awarded to the winner’s parent or legal guardian.
- The promoter accepts no responsibility for late, lost or misdirected entries and shall not be liable for any loss, including but not limited to direct, indirect or consequential loss or damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with participation in this competition or accepting or utilising a prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law). If the method of entry or the prize involves participation in risky activities, you may to need to sign a release and indemnity.
- The promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age, and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these conditions or who tampers with the entry process. Errors and omissions will be accepted at the promoter's discretion. Failure by the promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
- Any entries that contain content that the promoter, in its sole discretion, considers to be offensive, inappropriate or objectionable in any way or to infringe any intellectual property rights or other rights of any person, corporation or entity, will not be accepted as eligible entries into the promotion. This includes, but is not limited to, any entry which the promoter considers to be disparaging to its products and/or services or is otherwise not in keeping with the spirit of the promotion.
- All entries become the property of the promoter. Entrants acknowledge that their entry and all material included will be the property of the promoter. As a condition of entering into this promotion, each entrant assigns all of their rights, title and interest (including copyright) in and to their entry to the promoter from the time of entry. Entrants consent to any use of their entry which may otherwise infringe their moral rights pursuant to the Copyright Act 1968 (Cth).
- The promoter of this competition is The Cancer Council NSW (ABN 51 116 463 846), 153 Dowling St, Woolloomooloo, NSW 2011, (02) 9334 1900.