Terms and Conditions
Terms and Conditions of Entry
Please read these carefully before completing your registration form.
These Terms and Conditions of Entry ("Entry Terms") are designed to enable the Fruit Loop (‘’the Event’’) to operate smoothly and safely.
The Event will be held on Friday March 1st, 2024, at The Orchard at Montague, 10-18 Horswood Road, Narre Warren, VIC, 3804 (Montague Orchards, ‘’the Venue’’) (ABN 23 004 410 664).
By registering to participate in the Event, you (‘’the Participant") accept and agree to be bound by these Entry Terms:
- Participants will form and take part in the Event as a team of four people (‘’Team’’), representing their employer organisation.
- An entry fee of $4,000 + GST is payable by the Participants’ employer organisation for each Team participating in the Event (‘’Entry Fee’’)
- All Participants must be aged 18 years or over on the day of the Event.
- Foodbank Victoria (ABN 94 117 688 829) (“FBV”) may, in its absolute discretion and without giving reasons for its decision, accept or refuse a registration to participate in the Event.
- The Participant acknowledges that there is a minimum individual fundraising target of $1,000 that he/she is to achieve.
- Teams that do not reach the combined minimum fundraising amount of $4,000 by March 17, 2024 will require their organisation to make a tax-deductible donation to reach that sum – this amount is above and beyond the $4,000 + GST Entry Free.
- The Participant agrees to create an individual profile on Funraisin.
Cancellations and transfers
- Subject to clause 9, any Entry Fee paid by the Participants’ employer organisation is non-refundable.
- The Competition and Consumer Act 2010 (Cth) provides the Participant with various warranties and other rights, whilst also imposing various obligations on FBV. These rights and obligations cannot be excluded, restricted, or modified. Whereas these Entry Terms must be read in accordance with these laws, to the extent permitted, FBV shall, in its discretion, limit its liability to:
- in the case of the supply of goods, to replace those goods or supply equivalent goods, or acquiring equivalent goods; and/or
- in the case of the supply of services, to supply those services again or the payment of the costs of those services.
- If a Participant is unable to participate, her/his team may substitute another Participant in place. Any notifications of Participant changes must be received by FBV as soon as is practicable.
- The Participant acknowledges this is an outdoor event, subject to adverse weather conditions. The Participant accepts the risk that weather may impact the Event, and that they themselves are responsible to dress appropriately to the meet the conditions (for example, bringing and using hats, sunscreen, sunglasses, rain jackets, suitable footwear).
- If the Event is postponed, delayed, or otherwise impacted for any reason (for example: severe inclement or dangerous weather conditions), the Participant entry fee will be transferred to a new event held by FBV. Any transfer in these circumstances may occur up to three times. FBV reserves the right to postpose the event for any reason. If, after three postponements, delays, or otherwise, the event will be considered as cancelled and the employer organisation may be refunded their registration fees.
- Foodbank Victoria has public liability and volunteer insurance cover in respect of the Event. The Venue is also covered with appropriate public liability insurances. Further details on the insurance cover can be provided by contacting firstname.lastname@example.org
- The Participant acknowledges and agrees that any claim, suit, proceeding, or otherwise that includes any insured event under the policy of insurance, will be made either to FBV or the insurance company.
- Event communications will principally be made via email. The Participant should therefore provide a valid email address when filling out the registration form and warrants that all information provided by them is true, correct, and without fault or omission.
- It is the Participant’s responsibility to read information that is emailed.
Acknowledgement and Waiver
- The Participant acknowledges there is an inherent physical component to the event activities. The Participant should consider their suitability to undertake the activity prior to registering for the event. The Participant will be required to lift weights at least 15 kilograms. Other manual handling tasks on the day may include lifting/bending, twisting/turning, repetitive movements and standing/ walking for long periods of time. Due to the physical nature of the activity, the event may not be suitable for anyone with muscular, skeletal or back injuries, or pre-existing conditions which may be exacerbated by such activity.
- The Participant participates in the Event at his/her own risk, and agrees to take all reasonable measures to protect himself/herself from the risks of participation. The Participant acknowledges that they themselves are responsible for their own safety, which includes the use of any safety equipment.
- During the Event, the Participant must comply with all directions issued by the event manager/s and all instructions given by FBV or Montague Orchards officials or representatives at the Event.
- Notwithstanding any other clause in these Entry Terms, the Participant hereby indemnifies, and keeps indemnified, FBV and Montague Orchards from any and all:
- negligent or wrongful acts or omissions (whether under statute or the common law), that have been caused or contributed to, either directly or indirectly, by Montague Orchards and/or FBV (including its directors, officers, agents, contractors, and employees) which has resulted in any loss and/or damage to the Participant, a third party, or any of their respective property; and
- claims, actions, proceedings, suits, demands, complaints, prosecutions, costs (including legal costs), damages, and/or losses incurred by or claimed against Montague Orchards and/or FBV, as a result of any act or omission as relating (either directly or indirectly) to these Entry Terms and the Event.
Privacy and Photography
- The Participant agrees that he/she may be photographed or filmed during the Event, and consents to FBV and Montague Orchards using the Participant’s picture and likeness contained in any photographs or film for publicising the Event and for promoting any future ride or event to be staged by FBV. The Participant should advise FBV at the time of registration if they do not consent to being photographed.
- The Participant’s contact details will be used by FBV and/or third parties partnering the Event. This includes but is not limited to the Hyatt Caribbean. Any correspondence sent from these entities would be restricted to future events, news, and promotions. These communications will include the ability to opt-out from future communications.
- FBV reserves the right, in its absolute discretion, to refuse to allow the Participant to participate in the Event or to remove the Participant from the Event for breach of these terms and conditions or if they otherwise determine it appropriate to do so.
- FBV is not liable to the Participant for any loss, damage, cost or expense of any kind, including but not limited to, personal property and equipment; or the refund of the team entry fee, if the Participant is denied access to or removed from the Event for any reason.
- These Entry Terms are governed by the laws of the Commonwealth of Australia and the State of Victoria, as may apply from time to time. The parties submit to the exclusive jurisdiction of the court of the Commonwealth of Australia and the State of Victoria as well as any courts which may hear appeals from those courts.