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Cancer Cruise Terms and Conditions

Definitions

Cancer Council means Cancer Council NSW ABN 51 116 463 846.

Cancer Cruise means the current motor vehicle cruise described on the Cancer Cruise Website

Cancer Cruise Crew means and includes  all persons engaged (whether voluntarily or otherwise) or employed by the Cancer Cruise Organisers in the planning, organisation and / or conduct of the Cancer Cruise including but not limited to Deborah Forbes, Lauren Renard and Katherine Ferris and the Cancer Cruise Organisers.

Cancer Cruise Director means James Freeman or as otherwise notified from time to time.

Cancer Cruise Organisers means Box Rallies Pty Ltd (ACN 603 209 409) and the Cancer Cruise Director.

Cancer Cruise Website means https://www.cancercruise.com.au.

CC Participation Terms means these terms and conditions for participating in the Cancer Cruise as appear on the Cancer Cruise Website.

Co-Driver means the person or persons so designated in the Registration relating to a particular Vehicle.

Cruise Participant Manual means the Cancer Cruise participation manual provided following Registration containing important information about Cancer Cruise participation, including fundraising, requirements in respect of Vehicles and the like.

Driver means the person so designated in the Registration relating to a particular Vehicle.

Event means the vehicular tour cruise from the starting place to the destination as listed in the Cancer Cruise Website.

Event Day means the date of the Event as specified on the Cancer Cruise Website from time to time.

Event Organiser means Box Rallies Pty limited (ACN 603 209 409).

Fundraising Amount means all monies to be raised by a Team to be paid to the Cancer Council.

Law means any and all applicable laws in the jurisdiction in which the Event occurs. This includes, but is not limited to legislation, regulations and common law.

Minor(s) means any Team member less than 18 years of age at the time of participation in the Cancer Cruise.

Participant(s) means all persons participating in the Cancer Cruise including the Registrant, Driver, Co-Driver and all members of the Team to be conveyed in the Vehicle.

Registrant means the person registering a Team for participation in the Cancer Cruise.

Registration means the registration relating to a Team participating in the Cancer Cruise.

Team(s) means each Driver, Co-driver (if any) and all Participants participating in a Cancer Cruise.

Vehicle means the registered motor vehicle with which the Team is to participate in the Cancer Cruise in the Vehicle.

Introduction

1.     In consideration of the application for entry into the Event being accepted, the Registrant and Participants accept these CC Participation Terms as applying contractually to all members of the Team. The Registrant represents to and warrants to the Cancer Council, Cancer Cruise Crew and Cancer Cruise Organisers that all members of the Team accept these CC Participation Terms and, if any Team member is a Minor, that the parent or guardian of that Minor accepts these CC participation Terms as applicable to that Minor. The Event includes not only the particular Event, but any and all other activities relating to the Cancer Cruise, whether occurring before, during or after the Event, and whether organised by the Event Organiser or any other person. The Registrant warrants to the Event Organiser that all people to be conveyed in the vehicle to which this registration relates have been made aware of and accept these CC Participation Terms.

2.     The Event is a car cruise, taking place on the Event Day with an associated social gathering. It is not a race nor a competition. Participants must not compete in any manner against other Participants. Participants must not place any bets in relation to the Event. Participants must drive lawfully, safely and with proper courtesy to all other Participants and members of the public.

3.     At least one Participant in each team must be over 18 years of age on the Event Day and any and all drivers must hold a full current driver’s licence in order to participate in the Event.

Entry

1.     To participate in the Event each Registrant must, consistently with the Cruise Participation Manual to be available to Registrants from the Cancer Cruise Website:

a.     register via the Cancer Cruise Website and pay the registration fee for the Event;

b.     establish a Team fundraising page set up on the We Give platform  to raise funds for Cancer Council (Cancer Council); and

c.     as a Team or individual raise a minimum of $500 (Fundraising Amount), as evidenced by their fundraising page, at least one month before the Event Day. Participants may continue to fundraise until one month after the Event Day.

2.     Acceptance of applications for Registration for the Event is at the absolute discretion of the Event Organiser. In the event of exclusion, no reason need be given and no responsibility for exclusion is accepted by the Event Organiser.

3.     No refunds of the registration fee or Fundraising Amount will be given under any circumstances, including, without limitation, if at any point after a Team or a Participant has entered the Event the Team or a Participant:-

i.         is unable to participate for any reason;

ii.         if after the commencement of Event, the Team or a Participant is unable to continue in the Event; or

iii.         if a Participant is removed from participation because of non compliance with these CC participation Terms.

Registration fees and Fundraising Amounts are non-transferrable except with the express consent of the Cancer Cruise Organisers which, in their absolute discretion, may be agree to transfer Registration Fees to another Cancer Cruise event organised by the Cancer Cruise Organisers.

4.     Participants acknowledge that all Fundraising Amounts are paid to the Cancer Council which pays 20% of that amount to the Event Organiser to cover the costs of managing the Cancer Cruise.

Event

1.     Participants are to provide their own Vehicle and warrant that the Vehicle used to participate in the Event will be registered, roadworthy and safe, and covered by compulsory third party and comprehensive property insurance.

2.     Participants must comply with all laws and regulations of each State and Territory applicable to their participation in the Event, including without limitation, all speed regulations, laws of the road, laws relating to the safety of cars used and laws relating to the possession or use of alcohol, drugs or other prohibited substances. Participants must familiarise themselves with the provisions of the Cruise Participant Manual and comply with it.

3.     Participants must not drive under the influence of alcohol or any other intoxicating or prohibited substance during the Event and they warrant to the Event Organiser and the Cancer Council that they will comply with this provision of these CC Participation Terms in all respects.

4.     Each Vehicle entered must have an official sticker issued by the Event Organiser attached to the front windscreen of the Vehicle during the Cancer Cruise.  Teams may not deface, cover-up or otherwise obscure this sticker and shall endeavour to keep it clean and visible at all times.  The sticker is non-permanent and easily removable without damaging vehicle finishes. The Event Organiser will not be responsible for claims for damage to vehicle finishes as a result of the application or removal of such stickers.

5.     Each Participant is responsible for all costs and expenses associated with participating in the Event including but not limited to costs or expenses associated with fuel, food and repairs to vehicles used.

6.     The social gathering component of the Event will be held on premises or property made available for community events. Participants agree to show respect for other participants in the Event, to be bound by the rules and regulations that may apply to the premises or property where the Event is to be held and to follow the directions of anyone authorised to give directions whilst they are on the said premises or property. This includes any social distancing requirement recommended or imposed by Law.  The Event organiser, to the extent permitted by Law, accepts no responsibility in respect of the premises or property on which the social gathering is held.

7.     Participants acknowledge that the Event is an event that may involve Minors. The Registrant, on behalf of all Team members, expressly represents and warrants to the Event Organiser that no Team member is a person recorded on the Australian National Child Offender Register and that, prior to the Event, they will have and/or hold the consent of the parent or guardian of any minor person comprised within a Team’s Participants.

Acknowledgement, Release and Indemnity

1.     The Registrant expressly represents to and warrants to the Event Organiser that each Participant (and/or its parent or guardian if a Minor) acknowledges and agrees that:

a.     the Event is a car cruise with associated social gatherings that involve inherent risks of harm associated with driving a motor vehicle and congregating in a public place. Some of those risks are injury to persons or property due to vehicle collision, driving or walking on slippery or uneven surfaces, obstacles, trip hazards, overcrowding, collision with objects or people and the effects of heat, cold, dehydration and exhaustion and exposure to persons which may involve a risk of transmission of disease. In rainy, windy or other inclement weather conditions these risks are increased and there may be additional risks associated with tents, marquees or other structures which may collapse or become unsecured from the ground, potentially resulting in injury;

b.     the above is not an exhaustive list of all risks inherent in participation in the Event.  There may be risks that are not known or reasonably foreseeable at this time;

c.     each Participant (and/or its parent or guardian if a Minor) has considered and accepted the risks and dangers associated with participating in the Event (including, without limitation, those set out above), and acknowledges that they are participating freely in it, and have not relied on any representation, advice, statement or information of any kind provided by or on behalf of the Event Organiser, Cancer Cruise Crew or Cancer Council or any of their directors, officers, employees, volunteers, agents and representatives;

d.     that during the Event each Participant’s person and property shall be at their own risk, and that Participants are responsible for the vehicle/s they use during the Event, including any damage to the vehicle or damage caused by the vehicle to any property or person;

e.     the Participants acknowledge that Event Organiser has not obtained personal accident insurance or any other insurance covering Participants’ participation in the Event and it is the Participant’s responsibility to obtain any and all insurance which is appropriate for that purpose;

f.      each Participant agrees to indemnity and keep indemnified the Event Organiser, Cancer Cruise Crew and Cancer Council from and against any liability asserted by a Participant in any way arising out of participation in the Cancer Cruise.

2.     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 the provisions of Subdivision B of Division 1 of Part 3 – 2 of the Australian Consumer Law (ACL) to do with consumer guarantees.

3.     Participants understand and agree that, to the extent permitted by section 139A of the CCA, each Participant as a releasor releases the Cancer Cruise Organiser, Cancer Cruise Crew and Cancer Council (together and collectively “the Releasees”)  from any and all liability in connection with the supply of recreational services, to the extent the Cancer Cruise involves “recreational services” for or in connection with:

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 the Releasees or any of them to comply  the provisions in Subdivision B of Division 1 of Part 3-2 of the ACL to do with the consumer guarantees.

4.     This exclusion of liability does not apply to a Releasee where significant personal injury is caused by the reckless conduct of that Releasee.

Miscellaneous

1.     The Event Organiser reserves the right to modify these CC Participation Terms in its absolute discretion.  The Event Organiser will endeavour to notify Participants of any modified CC Participation Terms as soon as is practicable. Participants should check the Cancer Cruise Website from time to time and Participants shall be deemed, by participating in the Event, to have accepted any modified terms and conditions.

2.     The Event will only be cancelled for safety concerns or otherwise as a result of something beyond the Event Organiser’s reasonable control including and without limitation strong winds, heavy rain, flash flooding, epidemic disease, excessive atmospheric pollution, lightning and accidents, Governmental requirements such as Health Directives, risk of terrorist attack or any other Act of God. The Event Organiser at its discretion may refund registration fees or transfer them to a later Cancer Cruise organised by the Event Organiser. Subject thereto, any payment transaction fees, donations or sponsorship relating to the Event is non-refundable. Participants acknowledge that they will have no claim against the Event Organiser for any loss or damage suffered by anyone or any thing as a result of such cancellation. All registration and any associated transaction fees are not considered a donation to the Cancer Council.  Please seek independent advice on your tax arrangements.

3.     The Registrant on behalf of himself or herself and each Participant (and the Registrant warrants to the Event Organiser that it is authorised to give this consent by all Participants to which his or her registration relates, particularly any Minors) authorizes the Event Organiser, the Cancer Council, and their nominees to:

a.     use their name, voice, image, likeness, acts and statements before, during or after Event for advertising, public relations and publicity purposes in any media in perpetuity without compensation;

b.     use their name, voice, image, likeness, acts and statements in any photography, sound recordings or video footage created before, during or after Event; and

c.     reproduce, sell, copyright, exhibit, broadcast and/or distribute any photography, sound recordings or video footage described in this paragraph in any media.

4.     Any photography, sound recordings or video footage created by Participants during the Event may only be used by the Participants for personal purposes.  Participants may not reproduce, sell, copyright, exhibit, broadcast and / or distribute any of their own photography, sound recordings or video footage for commercial purposes.

5.     The Event Organiser requires each Participant’s personal information in order to conduct the Event.  If a Participant does not provide the mandatory personal information requested, then the Participant will not be able to participate in the Event.  By participating in the Event, each Participant is taken to consent to the Event Organiser using the Participant’s personal information to administer the Event and to disclose the Participant’s personal information to organisations that assist the Event Organiser with administering the Event (including the payment platform We Give), to the Cancer Council and to third parties as required by Law.  The Event Organiser and Cancer Council are bound by the National Privacy Principles in the Privacy Act 1988 (Cth) and by participating in the Event, each Participant is taken to consent to the Event Organiser’s privacy policy available upon request.  By participating in the Event, each Participant also consents to the Event Organiser using their personal information for future marketing purposes, unless otherwise advised by the Participant.  A Participant may access and correct any personal information held by the Event Organiser, upon request to the Event Organiser.

6.     In the event of any inconsistency between any of the provisions of these CC Participation Terms, the Cruise Participant Manual and any other material on any other page of the Cancer Cruise Website, the provisions of these CC Participation Terms prevail unless and until the Event Organiser otherwise directs in writing or by post to the Cancer Cruise Website.