Terms and conditions
1.1 These terms and conditions ("Terms") apply to the Walking Stars [Melbourne] walking event held on 3 December 2022 in Melbourne City, Victoria ("the Event") organised by Cancer Council Victoria.
1.2 Any references to “You” or “Your” refers to participants of the Event and any references to “Our”, “We” or “Us” refers to Cancer Council Victoria.
1.3 The completion of the entry form and payment of the registration fee constitutes Your agreement to be bound by these Terms.
1.4 The Terms constitute the entire agreement between the parties and supersedes and cancels any previous agreement, understanding and arrangement, whether written or not.
1.5 You will be subject to the Terms in force at the time We register You for an Event or You attend the Event if You do not need to register, whichever is applicable
1.6 We may update these Terms in its discretion at any time without notice. You should regularly check these Terms to keep informed of any changes made Us.
2. UNDER 18s
2.1 To participate, You must be over the age of 18 at the date of the Event, or have the consent of and be accompanied by a parent or guardian when attending the Event.
2.2 If You are under the age of 18 (a “Youth Participant”), this registration is provisional until these Terms and Conditions are accepted by Your parent or guardian on the registration website or a signed copy is received by Us.
2.3 By signing below or accepting these terms and conditions on the registration website, the parent or guardian of the Youth Participant agrees to these Terms and Conditions on their own behalf and on behalf of the Youth Participant and all references to “You” and “Your” in these Terms and Conditions refer to both the Youth Participant and their parent or guardian.
3. ENTRY AT THE EVENT
3.1 Online entries to the Event will be open until 11.59am on event day (3 December 2022).
3.2 Cancer Council Victoria’s preferred method of registration is online. If you encounter difficulties with online registrations, please contact us at firstname.lastname@example.org or by calling 1300 65 65 85
3.3 Cancer Council Victoria may provide offline Registrations via phone, email or mail. Cancer Council Victoria will use its best efforts to process offline Registrations within two (2) working days of receipt.
3.4 In-person entries on the day of the Event will be accepted up to 1 hour prior to the start time of the Event, provided that the Event has not reached capacity. We cannot guarantee that entries will be available on the day of the Event and encourage all participants to enter online.
3.5 You acknowledge to be eligible to participate in the Event You must:
- have completed, signed and returned an entry form;
- have paid the entrance fee in full by the due date;
- match the identification details on the entry form;
- attend the pre-event briefing; and
- have written on the back of your race number; your name, emergency contact name and phone number.
4. DURING THE EVENT
4.1 You acknowledge and agree that on the course You must at all times:
- WALK, not run;
- remain on the designated course;
- treat all roads as OPEN to traffic;
- be familiar with the map, which will be provided to you in your event pack and is also available prior to the Event on the website;
- obey Event Staff and volunteers who will be situated at all road crossings and turns in the course;
- obey all traffic laws and regulations;
- keep to the left of the course to allow people to pass on the right;
- be courteous to fellow participants;
- be aware of vehicles exiting from driveways, business addresses and side streets along the course;
- ensure that your race number is attached to the front of your shirt and is visible at all times;
- not stop or change directions suddenly;
- abide by any advice given by medical officers regarding your health; and
- complete the Event within 6 hours from the start time.
4.2 The following are prohibited on the course:
- all forms of wheeled conveyance including bikes, skateboards, cycles, rollerblades, pram/buggies;
- iPod/mp3 players;
- dogs/ pets/ animals; and
- all non-participants and non-eligible persons.
4.3 We will provide water hydration unit to refill your water bottle and toilet facilities in the village area. Public amenities are available throughout the course . You acknowledge that while We provide these facilities. We cannot guarantee the availability of these facilities and You are responsible for providing your own drinking water.
5. FEES AND REGISTRATION
5.1 You acknowledge and agree that the Event will be held physically and virtually, subject to clause 9.7.
5.2 You acknowledge that the registration fee for the Event is:
- $60 for super early bird entries;
- $70 for early bird entries;
- $80 for regular entries;
- $0 for virtual entries.
- $50 for flash sale; 9:00am 3 November - 11:59pm 6 November 2022
5.3 You agree to pay the registration fee on the date of completion and submission of the entry form ("the due date").
5.4 You acknowledge that subject to clause 10, participation fees are non-refundable.
5.5 Entry fees will not be refunded if you are denied access or removed from the Walking Stars event for any reason.
5.5 You acknowledge and agree that if You decide not to participate in the Event as a result of a change of mind, Your registration fee will not be refunded, but may be transferred to another individual. You must inform Us of any transfer, and the details of the person you are transferring your ticket to, via email@example.com or by calling 1300 65 65 85. This must be done within 48 hours of the Event.
5.6 All donations are non-refundable, including (but not limited to) in the event of cancellation, postponement or change of mind.
6. ACCEPTANCE OF RISK
6.1 You agree that prior to beginning training for the Event You have sought medical advice and if You have a medical condition that may require attention, You have obtained Your doctor's clearance. It is Your responsibility to carry food and any medication that You require with You at all times.
6.2 You consent to receive and pay for any medical treatment, including from a hospital, clinic or physician or transport by an ambulance, if the treatment is deemed necessary by Us or Our agents before, during or after the Event.
6.3 You accept that participation is at Your own risk, that risk may include but is not limited to over exertion, dehydration, injury, loss of personal belongings and accidents with other participants or spectators.
6.4 You are advised not to participate in the Event if You have had a fever or cold in the past week, generally feeling unwell or have a hangover as these can contribute to exhaustion, dehydration or life-threatening heatstroke.
6.5 We will not be liable for any loss of or damage to personal belongings. You accept responsibility at all times for personal belongings during the Event. Valuable items must not be left unattended..
7. INDEMNTY & LIABILITY
7.1 You agree to indemnify all persons, corporations, associations and bodies involved in promoting or staging the Event and their servants, agents, representatives, officers, employees, sponsors and volunteers, including Cancer Council Victoria.
7.2 The indemnity in clause 5.1 extends to all liability for injury, loss or damage of any nature however caused connected to Your participation in the Event whether or not We have been negligent.
7.3 You agree to release Cancer Council Victoria, together with all other persons, corporations, associations and bodies involved in promoting the Event from all actions, law suits, claims, proceedings, demands, losses, damages, penalties and fines however arising (including negligence).
8.1 We will not obtain any personal accident insurance or any other insurance covering Your participation in the Event. You are responsible for obtaining Your own insurance coverage as is appropriate for the Event.
9. PANDEMIC MANAGEMENT (COVID 19)
9.1 You agree to adhere to all public health rules and regulations notified to You by Your local, state or federal Government, other regulatory body or the Event venue.
9.2 If You are registering for the Event as part of a group, as the team captain, You are responsible for knowing the contact details of all attendees in Your group.
9.3 Walking Stars are committed to providing the safest possible event environment for our participants, volunteers, staff and event staff.
In the event of a positive case at the event, we will follow the direction of the Victorian Department of Health For further information please refer to – https://www.coronavirus.vic.gov.au/health-and-wellbeing
10. TERMINATION AND CANCELLATION
10.1 Failure to comply with these Terms including a failure to comply with the Walking Stars COVID-19 Policy, may result in You being ineligible to take part in the Event and/or Your withdrawal from the Event.
10.2 If you are ineligible to take part in an Event or You are withdrawn from the Event for a failure to comply with these Terms under clause 8.1, You will not be entitled to a refund or claim for any loss whatsoever.
10.4 We reserve the right to:
(a) change the format, participants, content, location and timing or any aspect of the Event;
(b) postpone an Event or any part of the Event;or
(c) cancel the Event or any part of the Event,
10.5 Where We exercise Our rights under 10.4, We will not be liable for any damages, cost, losses or expenses of any kind incurred by You as a result of or in relation to Us modifying, postponing or cancelling an Event or any part of an Event.
10.6 If the Event is cancelled or postponed by Us:
(a) for reasons that are beyond Our reasonable control; or
(b) for reasons other than as set out in clause 10.5,
We may retain the Fee and will not be required to make any refund of the Fee.
10.7 You acknowledge that merchant booking fees on online transactions are non-refundable.
11. INFORMATION COLLECTION & PRIVACY
11.1 We are committed to protecting Your personal, sensitive and health information in accordance with the Privacy Act 1988 (Cth), the Australian Privacy Principles in that Act (APPs), the Health Records Act 2001 (Vic) and the Health Privacy Principles (HPPS) in that Act.
11.3 For the purposes of the Event, We collect information including but not limited to Your name, date of birth, address, mobile phone, email address and any photographs and videos You provide Us or upload to Your fundraising page prior to, in the course of, or post the Event.
11.4 You acknowledge that Our use of Your name, image, photographs, videos, or comments may be used in any of Our publications or marketing for both the Event and general Cancer Council Victoria fundraising.
12.1 You acknowledge that We contract with various official merchandise providers for the Event merchandise.
12.2. We have a quality guarantee on all Our merchandise. You acknowledge that We do not offer refunds or exchanges on merchandise/apparel orders for change of mind or if You have chosen the wrong size, as all garments are made to order and are not kept in stock
12.3 All delivery order can take approximately six (6) weeks, from when You place Your order until Your garment is manufactured and ready for delivery. All parcels are sent via Australia Post (with tracking provided). Parcels will be delivered during normal business hours and can be delivered to Australian PO Boxes. Goods delivered within Australia will take 5-10 business days, from when you receive a shipping confirmation email from Us but can be subject to Australia Post delays for which We cannot be held responsible.
12.4 We and the contracted Merchandise Supplier(s) have no responsibility for lost orders if incorrect address details have been provided to Us. Please make sure Your shipping details are correct at the time of order.
13 Acknowledgement and waiver
13.1 You acknowledge that involvement in the Event is a potentially dangerous activity and that You participate at Your own risk.
13.2 By entering the Event You consent to receiving and reading the information about the Event. Event communication will primarily be via email. Updated information will be posted on the Event website and through social media from time to time.
13.3 By entering the Event, We will keep You informed about future opportunities to help people with cancer. Occasionally We allow like-minded organisations to contact Our supporters with fundraising materials. In return, they help Us reach more generous Australians to support Our cause. If You would like to change your communication preferences please contact Us via email or phone.
13.4 By participating in the Event You agree to waive any and all claims that You may have now or may have in the future against Us and release Us from any and all liability for any loss, damage or expense associated with injury, including death, that You may suffer or sustain as a result of participation in the activities, due to any cause whatsoever, including negligence, breach of contract or breach of any statutory or other duty, on Our part including the failure to instruct, warn, safeguard or protect You from any and all risks associated with the activities.
13.5. Nothing in these Terms prevents Us from relying on any laws (including statutes and common law) that limit or preclude Our liability.
13.6 Nothing in these Terms excludes any term or guarantee which, under statute, cannot be excluded however, Our liability is limited to the minimum liability allowable by law. In particular, You understand that You may have rights under consumer guarantees set out in the Australian Consumer Law (Cth) or the applicable consumer legislation of Victoria, as noted below.
14.1 Any failure, delay or relaxation on the part of a party in exercising, in part or whole, any power, right or remedy conferred upon that party by these Terms shall not operate as a waiver of that power, right or remedy.
14.2 If any provision of these Terms is invalid or not enforceable by a court of competent jurisdiction, the relevant term is to be read down and shall otherwise be capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms
14.3 These Terms are governed by and are to be construed in accordance with the laws in force in Victoria. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria and waives any objection that it may have that proceedings have been brought in an inconvenient forum.
15. FUNDRAISING GUIDELINES
15.1 These guidelines will assist you in the requirements around community fundraising, handling donations and planning an event. Once registered you will be sent an ‘Authority to Fundraise’ letter, which is required by law for any person wanting to conduct a fundraising event. Your Authority to Fundraise for Cancer Council is valid for a set period, which is set out in the accompanying letter, however Cancer Council reserves the right to withdraw this authorisation at any time by notice to you.
15.2 Because of the nature of our organisation and its work, we ask that you think about Cancer Council’s mission of a “Cancer Free Future” when designing your event and seeking sponsors. It is important that the appeal or event accords with Cancer Council’s health messages and values, including in relation to tobacco, sun exposure, obesity and healthy eating and alcohol.
- Fundraising activities and associated promotion must always align with Cancer Council’s health messages.
- Fundraising activities must therefore not involve or encourage smoking, the excessive consumption of alcohol, sugary drinks, or fast food, nor should these be depicted in any supporting materials.
- Cancer Council’s name and/or logo must not appear anywhere near the logos of businesses involved in the production, promotion, or distribution of cigarettes, e-cigarettes, alcohol, fast food, or tanning products.
- Cancer Council does not condone, or wish to be associated with, nudity in fundraising activities, nor the use of nudity and/or sexually explicit imagery in promotional materials.
- Consider SunSmart recommendations in planning your fundraising event; including timing, location, provision of shade and sun protection measures. For check lists and information for event organisers please see - https://www.sunsmart.com.au/communities/festivals-and-events
15.3 Cancer Council requires that fundraisers under the age of 18 years obtain the consent of a parent or guardian, and that their fundraising activities are supervised.
15.4 All online donors receive an automatic tax receipt via email. If you receive cash from a donor who requires a receipt, bank the funds in one of the four ways outlined above and then download our Receipt Request Form from the Downloads page on the Walking Stars website. These can be filled in electronically or printed and filled in manually.
15.5 Donations over $2 made by an individual or organisation. A donation is a gift, where you receive nothing tangible in return. The following items are not tax deductible:
- Lump sum collections
- Purchases of raffle tickets
- Purchases of items e.g. chocolate, pens etc.
- The cost of attending fundraising events
For more information, please contact the Australia Tax Office at http://www.ato.gov.au , or contact Cancer Council on 1300 65 65 85.
16. CONTACT US
15.1 If You have any queries about the Event, please contact Our Supporter Care team on 1300 65 65 85 or email at firstname.lastname@example.org.
Address: Cancer Council Victoria
615 St Kilda Road, Melbourne, VIC 3004
Telephone: 03 9514 6100
15.3 Please note, these guidelines are not a substitute for Your own legal advice.
15.4 We thank you for supporting Cancer Council Victoria – Your important contribution will help Us towards a cancer free future.
TERMS AND CONDITIONS OPERATIVE FROM: 1 August 2022