This Promotion is facilitated by Breast Cancer Network Australia (BCNA) of 293 Camberwell Rd, Camberwell Vic 3124. The Promotion is a fundraising program to be conducted by Participants in the calendar year of January 1 – December 31, 2021. BCNA authorises the Participant to undertake the Promotion for the benefit of BCNA, on these terms and conditions.
Donation means the money amount raised through the conduct of the Promotion for the benefit of BCNA.
Event Coordinator means the event coordinator or contact person listed in the Registration Form for the Participant.
Fundraising Page means the Pink Sports Day fundraising page for the Promotion, which can be found on the Platform
Participant means any sporting club, school, league or association in Australia that registers to take part in the Promotion.
Platform means the Pink Sports Day website that hosts Registration Forms, Products and Fundraising Pages for the Promotion, which can be found at XXXX
Products mean the various Promotion products that are available for sale on the Platform.
Promotion means a Pink Sports Day 2021 event or round as outlined in these terms and conditions.
Registration Forms mean the registration forms required to be completed by Participants in order to register for the Promotion, which can be found on the Platform
1.1 To participate in the Promotion, Participants need to complete the Pink Sports Day registration process available on the Platform prior to hosting their event.
1.2 The Event Coordinator nominated in the Registration Form must be over the age of 18.
1.3 The Event Coordinator is responsible for managing the Promotion on behalf of the Participant and will be responsible and liable for all finances, marketing, promotion, sponsorship and running of the event.
1.4 Once registered, the Participant will be obliged to conduct fundraising activities for the benefit of Breast Cancer Network Australia in the Participant's state or territory.
1.5 BCNA is unable to accept registrations for the Promotion that have links to Pharmaceutical companies, or endorse events that BCNA identifies to be high risk to participants of the event, or to the reputation of BCNA. BCNA may, without liability and in its absolute discretion, reject any request to register for the Promotion.
1.7 By submitting a Registration Form, the Participant agrees to undertake the Promotion, to be bound by these terms and conditions, and to make the Donation to BCNA.
1.8 The Participant acknowledges and understands that BCNAs role in the Promotion is limited to marketing the Promotion and receiving Donations from the Participant. BCNA is not involved in, nor is it responsible for, the participation of the Participant in the Promotion, or any of the activities conducted by the Participant in connection with the Promotion or the collection of Donations.
2. Purchasing Products
2.1 Participants will be invited to purchase Products when they register for the Promotion.
2.2 All purchases are made subject to the following terms and conditions:
(a) Content relating to Products available for purchase may be based on information provided by third parties such as the suppliers of those Products. While BCNA aims to ensure that information is kept current and correct, there may be some instances where Products ordered differ in a minor degree from their descriptions. Any graphics, photos, or illustrations used in relation to Products available for ordering on the Platform may not be fully representative of the goods described and should be used as a guide only.
(b) By placing any order for Products in the manner described on a Platform, the Participant makes an offer to purchase the Products for the price specified on that Platform at the time the Participant places the order (Offer). BCNA may, in its sole and absolute discretion, accept or reject any Offer made by a Participant for any reason, including, without limitation, the unavailability of the Products, an error in the price or the Product description posted on the Platform, or an error in the Offer. BCNA does not accept orders on the Platform for delivery outside mainland Australia or Tasmania. Participants wishing to place an international order should contact BCNA directly.
(c) Cancellations of orders for Products are accepted only if the order has not been dispatched. All orders are sent by third party support partner suppliers and do not ship directly from BCNA. Participants should contact BCNA if they wish to cancel an order placed via the Platform.
(d) Prices for Products displayed on the Platform may change at any time at BCNA's sole discretion. Participants must pay to BCNA the price for the Products that is displayed on the Platform at the time the Participant places the order, plus any applicable delivery and handling charges. Payment must be made at the time of order, unless approval has been given for an order to be invoiced for later payment. An approved promo code must be entered via the Platform to enable invoicing. All invoices are payable no later than 7 days after the registered event date. Products are not available on consignment.
(e) Title to the Products shall pass to Participants on the physical delivery of the Products to the address identified by the Participant in the order. Risk of loss or damage to the Products shall pass to the Participant when the Products are passed from BCNA to BCNA's delivery provider for delivery to the Participant. As BCNA does not insure orders, BCNA recommends that Participants nominate a secure delivery address.
(f) Product payments and donations will be facilitated through the BCNA Stripe account via the Platform. Donors may select to cover the cost of transactions for BCNA at the time of donation.
(g) Any delivery period stated on the Platform is an indication only of the anticipated period for delivery of the Products, and does not form part of the agreement for sale of the Products. BCNA or their partner suppliers may contact the Participant if it has any difficulty with delivering the Products within a reasonable time.
(i) BCNA will not accept returns on Products once issued. However, if a product is faulty, BCNA will work with the partner supplier to provide a replacement as long as the items is not deemed to have been damaged by abnormal use.
Event Support Pack
2.3 A free event support pack containing basic materials to help run the Promotion will be sent upon registration to the Event Coordinator. The event pack will be sent to the address identified in the Registration Forms. That address must not be a PO Box address as a signature will be required upon delivery.
2.4 The contents of the event support pack includes decorations and novelty items such as Pink Lady paper cut-outs, pink balloons, Pink Lady stick-on tattoos, Pink Sports Day posters, Proudly Supporting BCNA posters and donation tin. Additional promotional materials may be ordered during the Pink Sports Day registration process or on the BCNA online store on the Platform.
2.5 Access to digital support material upon registration will also be provided to the Event Coordinator via email to assist with fundraising ideas, tips for dealing with the media, sample media release, banking instructions, social media imagery, suggested wording for newsletters, social media and information about Breast Cancer Network Australia , the impact of breast cancer in Australia and accessing support.
2.6 The event support pack contains posters and other promotional tools for Participants to use. Participants must request and receive approval in writing from BCNA before producing any promotional material or apparel using BCNA or Pink Sports Day logos or IP. This approval must be received prior to any materials being used or distributed.
2.7 The Participant is responsible for any loss or damage to the event pack once the pack has been signed for. The Participant may request additional materials in the event of damage, loss or destruction to any of the materials in the event pack. BCNA may charge the Participant its reasonable costs incurred in providing such additional materials.
2.8 Best endeavours will be used to dispatch event support packs and merchandise orders within 2 business days of a registration or order being received via the Platform. Deliveries usually take between 3 – 10 business days dependant on location. This delivery period is an indication only and is not within the control of BCNA.
Participants are authorised to use BCNA's name and Proudly Supporting Breast Cancer Network Australia logo solely in connection with the Promotion. The Participant must comply with any direction provided by BCNA or its representatives about the manner in which its name and logo, or any other intellectual property of BCNA, may be used by the Participant. The Participant acknowledges that all intellectual property in the Promotion, including in respect of any event packs and materials, vests with BCNA.
2.9 In addition to the event pack, there are other ways in which BCNA may be able to support the Participant's event, including where possible assisting in arranging a breast cancer survivor as a guest speaker at your event. Participants should contact BCNA at email@example.com for further information or specific requests.
3.1 The Participant agrees to bear all costs associated with the Promotion, other than the internal costs of BCNA.
3.2 Participants must comply with all state and territory legislation in respect of any Donations they collect or any other fundraising activities they conduct in respect of the Promotion. Participants acknowledge and agree that it is their responsibility to familiarise themselves with and ensure they comply with such state and territory legislation.
3.3 Participants must have in place a clear plan for the collection of Donations or sale of Products. While the Event Coordinator is ultimately responsible for such collection, BCNA recommends that someone else be nominated by the Participant to manage the finances.
3.4 Participants should aim to return at least 75% of income received in respect of the event to BCNA, therefore event expenses should not exceed 25% of gross profits. It is important that Participants keep accurate financial records, including receipts for expenses incurred and records of Donations and monies received. This is a guideline only and should not be taken as advice by BCNA.
Due to fundraising regulations, BCNA is required to account for all donation tins issued and all Donations so it is extremely important that Participants follow the instructions below.
3.5 After the Promotion, Participants must count all Donations within seven days of the Promotion and must email BCNA on firstname.lastname@example.org and provide BCNA with an accurate estimate of the income and expenses associated with the Promotion and how the Participant plans to direct the funds to BCNA. Participants may choose from one of the options below:
(a) Credit card
Via the Participants' individual Fundraising Page (which was set up as part of the registration process). Any payments made by the Participant through the online fundraising page are final and may not be disputed.
(b) Cheque / money order
Made payable to ‘Breast Cancer Network Australia’ and mailed to Breast Cancer Network Australia, 293 Camberwell Rd, Camberwell Vic 3124
(c) Internet banking
Electronic transfer to Breast Cancer Network Australia Public Fund; BSB: 083-155 Account Number 53-214-2990 ensuring that your organisation name and unique event registration number is used as the deposit reference. Deposits made via this method also require email confirmation to email@example.com with the deposit amount, deposit date and organisation name, to ensure this amount can be manually added to your fundraising page total.
(d) National Australia Bank
Visit a NAB branch to physically deposit proceeds from the event. Participants who use this payment option must ensure that your organisation name and unique event registration number is used as the deposit reference. Deposits made via this method also require email confirmation to firstname.lastname@example.org with the deposit amount, deposit date and organisation name, to ensure this amount can be manually added to your Fundraising Page total.
3.6 Participants must finalise all event fundraising deposits within 28 days of your event date. Any invoices issued for merchandise and additional promotional support material must be paid within 7 days of your event date.
4. Fundraising Page
4.1 Upon registration, the Event Coordinator will set up an individual Fundraising Page for your event on the Platform. The Participant agrees to provide BCNA with a non-exclusive, royalty free licence to use the Participant's logo, registration and business details on the Fundraising Page for this purpose.
BCNA is not responsible or liable for the Fundraising Page (including the Participant's individual Fundraising Page). Participants should ensure that they are fully familiar with and accept and agree to the terms and policies listed above before they register for the Promotion.
4.3 Participants are encouraged to promote the use of the Fundraising Page (and their individual Fundraising Page) to seek Donations from the public. Participants will also be able to remit Donations to BCNA via their individual Fundraising Page.
4.4 Limitation of liability
4.5 Subject to clause 7.2, BCNA:
(a) excludes all conditions, warranties and implied terms, whether statutory or otherwise, in relation to this Promotion and the Fundraising Page (including the Participant's individual Fundraising Page) and any event or activity conducted by the Participant in respect of the Promotion;
(b) excludes all liability for any loss, cost, damage or expense suffered or incurred by the Participant in connection with the Promotion and the Fundraising Page (including the Participant's individual Fundraising Page), including any legal costs and disbursements and, without limitation, any indirect or consequential expense, loss or damage, loss or damage to reputation, loss of goodwill, loss of profits, revenue, use, expectation or opportunity, wasted expenditure, lost production or similar losses suffered by the Participant under or in connection with the Promotion and the Fundraising Page (including the Participant's individual Fundraising Page) and specifically these terms and conditions.
4.6 The Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)) provides consumers with a number of protections and consumer guarantees that cannot be excluded or limited. These terms and conditions, and in particular the limitations of liability set out in these terms and conditions, are therefore subject to, and will not apply to the extent (if any) that they limit or exclude, such protections and consumer guarantees applicable to consumers.
BCNA reserves the right to reject an application for registration, or terminate any registration (and remove any Participant from the Fundraising Page) in its absolute discretion where:
(a) a complaint is made by any person in respect of the Participant;
(b) the Participant does not strictly comply with these terms and conditions; or
(c) BCNA believes, acting reasonably, that the Participants' conduct is unacceptable and / or may affect the reputation of BCNA.
6. Governing Law
The laws of the state of Victoria govern these terms and conditions.
7.2 If any provision in these terms and conditions is invalid, that provision (to the extent that it is invalid) is deemed severed from these terms and conditions and the remainder will not be affected.
7.3 Participants must not, at any time, hold themselves out as being an agent, a representative or an affiliate of BCNA