Terms and Conditions

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 challenge 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 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 a recreational activity that involves inherent risks of harm associated with physical exertion.  Some of those 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, as well as blisters, cuts and abrasions. Injuries may also arise from exertion, including heart attack, fainting and loss of consciousness.  I understand and accept that the risks of participation in The March Charge are increased if I choose to participate in costume, in novelty shoes, using props, or if my walking or running movement is restricted.

I acknowledge that the above is not an exhaustive list of all risks inherent in my participation in The March Charge.  I further acknowledge that there may be risks that are not known or reasonably foreseeable at this time.

I warrant that I am in proper physical and mental condition and have no known medical conditions or disabilities that may be incompatible with my safe participation in The March Charge. I understand that Cancer Council recommends that I consult a doctor before participating in The March Charge, particularly if I have ever experienced medical conditions that may make it dangerous for me to participate in The March Charge.

Regardless of whether I have consulted a doctor. I agree that by participating in The March Charge, I am aware of the risks involved and I voluntarily assume those risks (including any arising from the negligence of Cancer Council).

I understand that Cancer Council has obtained no personal accident insurance or any other insurance covering my participation in The March Charge and it is my responsibility to obtain any and all insurance which is appropriate for that purpose.

I acknowledge that during The March Charge both my person and my property shall be at my own risk.

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.

Waiver and indemnity

I fully and irrevocably exclude and release Cancer Council and The March Charge sponsors (individually and collectively), including their directors, officers, staff, volunteers and representatives, from all liability for any loss, damage, cost or expense (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 further agree that if any claim, including in relation to personal injury, property damage or wrongful death arising from my participation in The March Charge is commenced, I will indemnify and hold harmless Cancer Council and all The March Charge sponsors, as well as their directors, officers, employees, volunteers, agents and representatives, from any and all loss, damage, cost or expense in connection with such claim.

Cancer Council’s liability

The Civil Liability Act 2002 (NSW) (“CLA”) permits a term of a contract 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.

I understand and agree that, to the extent permitted by law, Cancer Council and any The March Charge sponsor (and any of their directors, officers, employees, volunteers, agents and representatives) 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.

I understand and agree that to the maximum extent permitted by law:

  • 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 or The March Charge sponsors (or their directors, officers, employees, volunteers, agents and representatives) are excluded (including consumer guarantees to the extent such exclusions are permitted under the law);
  • neither Cancer Council nor any The March Charge sponsor (nor any of their directors, officers, employees, volunteers, agents and representatives) will be liable to me or any other person 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 other person in connection with The March Charge; and
  • in any circumstances where the above exclusions (or any of them) are held by a Court to be ineffective or unenforceable for any reason whatsoever, Cancer Council's liability to me and to any other person 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.

Section 139A of the Competition and Consumer Act 2010 (Cth) ("CCA") permits a term of a contract for the supply to a consumer of recreational services, to exclude liability of the supplier for the death and personal injury arising from the failure to comply with a guarantee provided in sections 60 to 62 of the Australian Consumer Law.

I understand and agree that, to the extent permitted by section 139A of the CCA, Cancer Council and any The March Charge sponsor (and any of their directors, officers, employees, volunteers, agents and representatives) 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, resulting from a failure of Cancer Council or any The March Charge sponsor (or any of their directors, officers, employees, volunteers, agents and representatives) to comply with a guarantee in sections 60-62 of the ACL.

This exclusion of liability does not apply where significant personal injury is caused by the reckless conduct of Cancer Council or any The March Charge sponsor. 

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.

Awards

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.

Websites

I understand that information on 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).

For more information on terms of use of the Website please see our Website Terms of Use section on the website.

Photographic consent

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.

Where I share, post or upload photos or videos (“Images”) to The March Charge website, or tag or link Cancer Council or The March Charge in such content on social media, I consent to the following:

  1. I give Cancer Council permission to use, distribute, modify, display and create derivative works from the Images in promotional collateral and on Cancer Council websites, publications and on any other medium now or in the future in perpetuity. I waive any right to review or approve any uses of the Images.
  2. Where I, or any of the subjects of Images, are identified or identifiable in the Images I provide, I give Cancer Council NSW permission to identify me and the other subjects by name.
  3. I agree the Images may be also be used by Cancer Council Australia and other State and Territory Cancer Councils that are members of Cancer Council Australia (Cancer Council Affiliates).
  4. I am not entitled to any remuneration or compensation from Cancer Council NSW or the Cancer Council Affiliates for the Images.
  5. I confirm that:
  6. I am the creator and the copyright owner of any Images I share, post or upload to The March Charge Website, or tag Cancer Council or The March Charge in on social media, and
  7. I have the permission or consent of all persons who are captured and identifiable in the Images I provide to Cancer Council (including parental consent if the subject is under the age of 16).

Privacy

I understand that Cancer Council collects two types of information through this website:

  1. Personal or individually identifiable information that I provide; and
  2. 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.

Your Personal Information is being or has been collected by the Cancer Council to facilitate services or products requested by you and/or to keep you informed about Cancer Council related activities.  We may send you information about programs, products, services, fundraising or other activities which we think may interest you.  Your Personal Information may be provided to third parties where required by law or so that such third parties may provide Cancer Council with services, or where Cancer Council participates in data cooperatives and swaps.  In so doing your Personal Information may be disclosed to overseas recipients.  Please refer to our Privacy Policy (which is available at https://www.cancercouncil.com.au/privacy/ or on request by calling 1300 780 113) for further details. By providing your information to us you consent to your information being disclosed or used for this purpose.  We will take reasonable steps to ensure that such third parties deal with your information appropriately.  Please refer to our Privacy Policy, or details in the relevant communication, if you wish to unsubscribe.  Our Privacy Policy also explains how you can contact us to access and correct your personal information or make a privacy complaint.

Copyright Notice

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/.

 

8 Charge Challenge Badge promotion

To be eligible to receive a 10% discount code for use at PACE Athletic you must be registered for The March Charge and must earn 8 or more Gamification Badges through your personal online fundraising page during the period commencing on Monday 14 January 2019 and finishing at 11.59pm on Saturday 31 March 2019 (“Promotion Period”).

Once they earn the 8 or more Gamification Badges qualifying participants will be sent an email by Cancer Council NSW with their unique barcode for a one time use only at PACE Athletic.

The discount can be used through the PACE Athletic online store and in physical stores. Only one discount code can be used per transaction. Not redeemable for cash.  The discount code will expire if not used by 30 April 2019.

Cancer Council reserves the right, at any time, to verify a The March Charge participant’s eligibility to receive the discount code.  The decision of Cancer Council shall be final and no correspondence will be entered into.

9 Charge Challenge Badge promotion

To be eligible to receive a The March Charge T shirt you must be registered for The March Charge and must earn 9 or more Gamification Badges through your personal online fundraising page during the period commencing on Wednesday 16 February 2019 and finishing at 11.59pm on Saturday 31 March 2019 (“Promotion Period”).

Once they earn the 9 or more Gamification Badges qualifying participants will be sent an email by Cancer Council NSW notifying them of their eligibility to receive the T shirt and requesting additional details including T shirt size and postal address. Subject to availability. Cancer Council NSW will dispatch the T shirts within a reasonable time of receipt of those details using Australia Post, and is not responsible for any delays or failures in delivery. Only one T shirt is available per The March Charge participant. It is not redeemable for cash and does not entitle the participant to a refund of any price previously paid for a T shirt. The T shirt offer will expire if not accepted by a participant responding to the Cancer Council email by 30 April 2019.

Cancer Council reserves the right, at any time, to verify a The March Charge participant’s eligibility to receive the T shirt. The decision of Cancer Council shall be final and no correspondence will be entered into.

10 Fitbit $48 48-hour Challenge

  1. Instructions on how to enter form part of these conditions. Entry into the competition constitutes acceptance of these conditions.
  2. The promoter of this competition is The Cancer Council NSW (ABN 51 116 463 846), 153 Dowling St, Woolloomooloo, NSW 2011, (02) 9334 1900 (the Promoter).
  3. The competition commences at 00 midday AEDT on Tuesday 19 March 2019 and finishes at 11.59am AEDT on Thursday 21st March 2019 (“Promotion Period”).
  4. This competition is open to persons who:
    1. are a registered participant in the March Charge 2019 (the Event); and
    2. raises $48.00 or more in donations through their personal online fundraising page for the Event during the Promotion Period.
  5. 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 NSW and of its members are ineligible to enter. Each person meeting the entry criteria will receive a single entry to the competition.
  6. There are 15 prizes of a Fitbit Alta Activity Tracker valued at $100 each.
  7. This is a game of chance. The 15 prize winners will be randomly drawn by the Promoter at 12pm AEST on Friday 21 March 2019 at the Promoter’s head office. The Promoter’s decision is final and no correspondence will be entered into.
  8. Any ancillary costs associated with redeeming the prize are not included. 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.
  9. The winners will be notified via email or phone from 1 pm AEST on Monday 25th March and must provide a postal address for the prize to be mailed.
  10. The prize will be mailed within fourteen (14) days of the draw. In the event that a winner does not provide a postal address within 14 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.
  11. If a prize is not claimed, a second draw will be held at 12pm AEST on Friday 28 March 2019 at the Promoter’s head office to re-draw the prize. The winner of the redraw will be notified via email or phone and must provide a postal address for the prize to be mailed.
  12. The promoter accepts no responsibility for late, lost or misdirected entries, late, lost or misdirected mail 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).
  13. 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.

The promoter collects personal information about you to enable you to participate in this promotion and for other marketing purposes, including for direct marketing activity. By entering the promotion, unless otherwise advised, you also agree that the promoter may use this information, or disclose it to other organisations that may use it, in any media for future promotional, marketing and publicity purposes without any further reference, payment or other compensation to you. The promoter may disclose your personal information to other companies associated with this promotion, and to other members of Cancer Council Australia. If you do not provide your personal information, the promoter will not be able to enter you into this promotion. The promoter’s Privacy Policy (see https://www.cancercouncil.com.au/privacy/) contains information on how to access and correct your personal information, or to complain about a breach of your privacy.

11 $150 Rebel Voucher –competition

  1. Instructions on how to enter form part of these conditions. Entry into the competition constitutes acceptance of these conditions.
  2. The promoter of this competition is The Cancer Council NSW (ABN 51 116 463 846), 153 Dowling St, Woolloomooloo, NSW 2011, (02) 9334 1900 (the Promoter).
  3. The competition commences at 12.00pm AEST on Thursday 28 March 2019 and finishes at 5.00pm AEST on Monday 8th April 2019 (“Promotion Period”).
  4. This competition is open to persons who:
    1. are a registered participant in the March Charge 2019 (the Event); and
    2. self donate through their personal online fundraising page for the Event during the Promotion Period.
  5. 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 NSW and of its members are ineligible to enter. Each person meeting the entry criteria will receive a single entry to the competition.
  6. There is one price, a Rebel voucher valued at $150.
  7. This is a game of chance. The winner will be randomly drawn by the Promoter at 5.00pm AEST on Tuesday 9th April 2019 at the Promoter’s head office. The Promoter’s decision is final and no correspondence will be entered into.
  8. Any ancillary costs associated with redeeming the prize are not included. 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.
  9. The winner will be notified via email or phone from 1 pm AEST on Wednesday 10th April 2019 and must provide a postal address for the prize to be mailed.
  10. The prize will be mailed within fourteen (14) days of the draw. In the event that a winner does not provide a postal address within 14 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.
  11. If a prize is not claimed, a second draw will be held at 12pm AEST on Monday 29th April 2019 at the Promoter’s head office to re-draw the prize. The winner of the redraw will be notified via email or phone and must provide a postal address for the prize to be mailed.
  12. The promoter accepts no responsibility for late, lost or misdirected entries, late, lost or misdirected mail 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).
  13. 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.

The promoter collects personal information about you to enable you to participate in this promotion and for other marketing purposes, including for direct marketing activity. By entering the promotion, unless otherwise advised, you also agree that the promoter may use this information, or disclose it to other organisations that may use it, in any media for future promotional, marketing and publicity purposes without any further reference, payment or other compensation to you. The promoter may disclose your personal information to other companies associated with this promotion, and to other members of Cancer Council Australia. If you do not provide your personal information, the promoter will not be able to enter you into this promotion. The promoter’s Privacy Policy (see https://www.cancercouncil.com.au/privacy/) contains information on how to access and correct your personal information, or to complain about a breach of your privacy.