TERMS & CONDITIONS - PARTICIPATION IN PINK STUMPS DAY

1. This Promotion and Competition is run by the McGrath Foundation Ltd (“the Foundation”) of 54 Chandos Street, St Leonards, NSW 2065 (ABN 23 115 566 624).

2. The Foundation is a charity registered as follows:

a. In the ACT under the Charitable Collections Act 2003, Licence number 19000031;

b. In NSW under the Charitable Fundraising Act 1991, Authority number 18455;

c. In South Australia under the Collections for Charitable Purposes Act 1939, Licence number CCP1144;

d. In Tasmania, Approval to solicit for charitable donations under the Collections for Charities Act 2001;

e. In Victoria a registered fundraiser number 10596.12 under the Fundraising Act 1998; and

f. In Western Australia under the Charitable Collections Act 1946, Licence number 20665.

3. The “Pink Stumps Day Promotion” (“the Promotion”) is a fundraising appeal to be conducted by Cricket Clubs and/or Associations in Australia, schools and any other Cricket playing groups (“the Participant(s)”) on 21 February 2015 in all States, to raise funds for the benefit of the Foundation.

4. The Foundation authorises the Participant(s) to undertake the Promotion for the benefit of the Foundation, on these terms and conditions.

5. The Participant(s) agree to:

a. undertake the Promotion;

b. make the Donation to the Foundation; and

c. be bound by these terms and conditions.

6. Information on how to register forms part of the terms and conditions of entry.

7. The Foundation accepts no responsibility for any kind of loss or liability suffered or incurred by any of the Participant(s) in relation to the Promotion or Competitions. The Participant(s) release the Foundation, its related bodies corporate, affiliates, officers, agents and employees, from all liabilities, loss and damage of any kind arising at any time out of or in connection with the acceptance of, and participation in the Promotion and/or Competitions. Without limiting the foregoing, the released parties will not be liable for any injury, sickness or death, property loss or damage or other direct or indirect loss or damage of any kind, howsoever sustained or incurred, in connection with or arising out of the Promotion and/or Competitions.

            A.    Definitions

Australian Cricket Legend means Glenn McGrath and/or other current Australian or State cricket representative.

Competition means the determination of eligibility to have an Australian Cricket Legend, attend the Promotion undertaken by one or a number of Participant(s), by the judging of entries submitted by registered Participant(s) in the Promotion conducted on Friday 06 February 2015.

Donation means the money amount raised through the conduct of the Promotion for the benefit of the Foundation

Foundation's Intellectual Property means the name, trademarks, logos and other intellectual property of the Foundation.

Full Kit means a Full Pink Stumps Day Kit being a collection of items packaged to include:

· 1 set of hot pink stumps and bails ($33.45)

· 1 set of hot pink wicket-keeping pads ($43.95)

· 1 hot pink canvas bag ($76.20)

· 15 hot pink caps ($106.65)

· 15 pairs of hot pink sunglasses ($78.30)

· 2 umpire hats and hatbands  ($20.10)

· 50 silicon wristbands ($31.50)

· 10 string bracelets ($50.00)

· 3 McGrath Foundation collection boxes ($14.04)

Fundraising Incentives means prizes awarded to Participant(s) who raise funds through the Promotion (up to certain monetary levels) and remit such funds raised, in accordance with these terms and conditions as detailed in Section F, Paragraph 1 of these Terms and Conditions.

Kit means either a Full Kit or a Small Kit

Promotion means the fundraising appeal to be conducted by the Participant(s) on Saturday 21 February 2015 (or such other date as authorised by the Foundation) in all States, to raise funds for the benefit of the Foundation in accordance with this agreement.

Participant(s) mean the Cricket Clubs and/or Associations in Australia, Schools and any other Cricket playing groups who register to take part in the Promotion.

Payment Date means the date or dates for payment by the Participant(s) to the Foundation of the Donation.

Prize means the attendance of Australian Cricket Legend, Glenn McGrath at the winning Participant(s)’ club or cricket association on the date of the Promotion or such other date authorised or nominated by the Foundation in its absolute discretion.

Promotion Date means the 21 February 2015 in all States.

Registration Period means the time period between 5pm AEST on 08 September 2014 and 5pm AEST on 2 February 2015, or until 1,350 registrations are filled.

Small Kit means a Small Pink Stumps Day Kit being a collection of items packaged to include:

· 1 set of hot pink stumps and bails ($33.45)

· 15 hot pink caps ($106.65)

·  3 McGrath Foundation collection boxes ($14.04)

B.         Registration

1. Registration to participate in the Promotion is deemed acceptance of these Terms and Conditions.

2. Registration is open to all Participant(s).

3. Registration is open to the first 1,350 Participant’s who complete registration in accordance with these Terms and Conditions.

4. To register Participant(s) must:

a. Log onto the website www.mcgrathfoundation.com.au during the Registration Period;

b. Register by providing details including (but not limited to):

i) name;

ii) authorised position in the Cricket club or Association or School or Group on whose behalf the registration is made;

iii) address;

iv) phone number; and

v) e-mail address.

5. Registration obligates the Participant(s) to raise funds for the benefit of the Foundation on the date of the Promotion in their applicable State.

6. Persons under the age of 18 are ineligible to register on behalf of the Participant(s).

7. Incomplete or incomprehensible entries of registration details will be deemed invalid.

8. The cost of accessing the promotional website will be dependent on the Participant(s)’ individual Internet Service Provider.

9. The first 250 Participants to register will receive a gift of a McGrath Foundation branded Apron (“the Apron”). The Foundation accepts no responsibility for any kind of loss or liability suffered or incurred by any of the Participant(s) in connection with the Apron(s). The Participant(s) release the Foundation, its related bodies corporate, affiliates, officers, agents and employees, from all liabilities, loss and damage of any kind arising at any time out of or in connection with the Apron.  Without limiting the foregoing, the released parties will not be liable for any injury, sickness or death, property loss or damage or other direct or indirect loss or damage of any kind, howsoever sustained or incurred, in connection with or arising out of the use of the Apron, except those that cannot be excluded by law.

C.  Privacy

1. The Foundation is committed to abiding by the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs) it contains, in particular in relation to handling "personal information".

2. The Foundation collects personal information about you to enable you to participate in this Promotion and for its general promotional and charitable purposes. Personal Information will be dealt with in accordance with the Foundation’s Privacy Policy accessible on the Foundation’s website http://www.mcgrathfoundation.com.au/PrivacyPolicy.aspx .

3. Any corporate or individual sponsor(s) of this Promotion may also have access to the personal information provided in the registration process. A sponsor may use this information to contact you about news, events and general information in relation to the organisation.

4. A Participant(s) personal information may be disclosed to applicable State and Territory Government Departments and winner’s names published as required under the relevant gaming legislation.

5. Other than as detailed in these Terms and Conditions and in the Foundation’s Privacy Policy no other further use of this information will be made without your prior consent.

D. The Pink Stumps Day Kit(s)

1.  During the Registration process the Participant may elect to:

· be provided with a Full Kit;

· To be provided with a Small Kit; or

· Not to be provided with either Kit.

2.  Where a Participant has elected to receive a Kit, the Foundation will deliver either the Full Kit or the Small Kit, whichever has been nominated at the time of Registration, to the Participant, at a time prior to the Promotion date.

3. The Full Kit has a recommended retail price of $500 and the Small Kit has a recommended retail price of $150.  

4.  In the case of the intervention of any outside agent or event which prevents or hinders the Kit being distributed to the Participant(s) prior to the Promotion Date, including but not limited to problems hindering supply, delay as a result of intervention by the Australian Customs and Border Protection Service, vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strikes; the promotion will go ahead as scheduled and the Kit will be provided to Participant(s) as soon as practicable thereafter.

5. The Kits will be delivered to the Participant(s) named in the registration details. Kits cannot be transferred or redeemed for cash.

6. Where the  Participant has received a Full Kit, the Participant  agrees that it will pay to the Foundation an amount of $500, being a contribution to the cost of the Kit, if:

·  for any reason, the Participant(s) cancels its registration to take part in the Promotion; or

·  the Participant(s) fails to undertake fundraising for the benefit of the Foundation as agreed.

7. Where the  Participant has received a Small Kit, the Participant  agrees that it will pay to the Foundation an amount of $150, being a contribution to the cost of the Kit, if:

·  for any reason, the Participant(s) cancels its registration to take part in the Promotion; or

·  the Participant(s) fails to undertake fundraising for the benefit of the Foundation as agreed.

8. The Participant acknowledges that, where they have elected to receive a Full Kit, a minimum Donation of $500 must be made to the Foundation to cover the cost of the Kit. If the Donation raised through the Promotion is less than $500 or if the Promotion is for any reason unable to run as planned, the Participant agrees that it will be liable to pay the difference between the cost of the kit and the Donation upon receipt of an invoice from the Foundation.

9. The Participant acknowledges that, where they have elected to receive a Small Kit, a minimum Donation of $150 must be made to the Foundation to cover the cost of the Kit. If the Donation raised through the Promotion is less than $150 or if the Promotion is for any reason unable to run as planned, the Participant agrees that it will be liable to pay the difference between the cost of the kit and the Donation upon receipt of an invoice from the Foundation.

10. The Participant(s) agrees that if, for any reason, this promotion is not able to run as planned, including but not limited to, vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strikes, or illness, or any other causes beyond the control of the Participant(s), the Participant(s) will, in consultation with the Foundation, reschedule the Promotion date. 

11. The Foundation accepts no responsibility for any kind of loss or liability suffered or incurred by any of the Participant(s) in connection with the Kit(s). The Participant(s) release the Foundation, its related bodies corporate, affiliates, officers, agents and employees, from all liabilities, loss and damage of any kind arising at any time out of or in connection with the nomination to receive a Kit, and with the contents and use of the individual items contained in the Kit(s)  Without limiting the foregoing, the released parties will not be liable for any injury, sickness or death, property loss or damage or other direct or indirect loss or damage of any kind, howsoever sustained or incurred, in connection with or arising out of the Kit except those that cannot be excluded by law.

E.         Fundraising requirements

1. The Participant agrees to bear all costs associated with the Promotion, other than the internal costs of the Foundation.

2. Promotional materials will be provided by the Foundation to the Participant(s) for use in the Promotion. The Participant(s) are authorised to use the Foundation's name and Pink Stumps Day Lockup logo in connection with the Promotion, only in the manner and form and for the period of time approved by the Foundation and provided in the official materials.

3. The Participant(s) has no right or interest in the Foundation's Intellectual Property.

4. Upon registration the Foundation will issue each Participant(s) with a unique registration number. This number is to be used on all subsequent correspondence.

5. The Participant(s) may determine what form of fundraising it undertakes on the Promotion date. The Participant(s) will advise the Foundation details of its intended form of fundraising activity on the Promotion date, at least 14 days prior to the Promotion date.

6. The Participant(s) acknowledges that:

a. fundraising activities, for example raffles, are subject to State licensing requirements; and

b. it is the Participant(s) responsibility to:       

 i. ascertain which State fundraising requirements apply to its Promotion(s);  

ii. advise the Foundation as to the form of its Promotion(s) 14 days prior to the Promotion date; and

 iii. apply for any State licences that may be applicable or needed for such activities.

7. The Foundation is unable to provide prizes for fundraising raffles or merchandise products for sale on consignment for this Promotion, other than those items which form part of the Kit.

8. The Foundation will alert it’s McGrath Breast Care Nurses (MBCN’s) that this Promotion may be run in their local area however cannot guarantee the attendance of such MBCN’s or any other person at any individual Participant(s)’ premises for the purposes of this Promotion.

9. If for any reason this Promotion is not capable of running as planned, including (but not limited to) due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Foundation, which corrupt or affect the administration security, fairness or integrity or proper conduct of this Promotion, the Foundation reserves the right in its sole discretion to take any action that may be available, and to cancel, terminate, modify or suspend the competition, subject to any direction given under State permit regulations.

F.         Fundraising Incentives

1. The Foundation will provide the following Fundraising Incentives to Participant(s) in recognition of funds raised and remitted over certain set monetary levels on or before 5pm AEST on 12 March 2015:

a. The first 5 Participant(s) to remit $20,000 or more will receive a Limited Edition framed McGrath Foundation Pink Baggy Cap, signed by Glenn McGrath;

b. The first 10 Participant(s) to remit amounts between $10,000 and $19,999.99 will receive a limited edition framed Glenn McGrath signed McGrath Foundation bandana from the 2015 Commonwealth Bank Pink Test;

c. The first 25 Participant(s) to remit between $5000 and $9,999.99 will receive a limited edition framed ‘Pink Test’ photo,  signed by Glenn McGrath including a personal message to your club; and

d. The first 100 Participant(s) to remit between $2,500 and $4,999.99 will receive a Glenn McGrath signed hot pink McGrath Foundation training ball

2. The determination of which Participant(s) is to receive these Fundraising Incentives will be at the sole discretion of the Foundation and will take place at 12 noon on 31 March 2015. The Foundation will not enter into any correspondence regarding the awarding of Fundraising Incentives.

3. The Fundraising Incentives will be awarded and delivered to the Participant(s)’ Cricket Club or Association as named in the registration details as soon as practicable after remittance of funds raised.

4. The Foundation reserves the right to substitute the Fundraising Incentives awarded at its absolute discretion.

5. If for any reason the Fundraising Incentives cannot be awarded as planned, including (but not limited to)  illness, death, infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Foundation, The Foundation reserves the right in its sole discretion to take any action that may be available, and to cancel, terminate, modify or suspend  the awarding of Fundraising Incentives, subject to any direction given under State permit regulations.

6. The Foundation accepts no responsibility for any kind of loss or liability suffered or incurred by any of the Participant(s) in connection with the Fundraising Incentives described above. The Participant(s) release the Foundation, its related bodies corporate, affiliates, officers, agents and employees, from all liabilities, loss and damage of any kind arising at any time out of or in connection with Fundraising Incentives. Without limiting the foregoing, the released parties will not be liable for any injury, sickness or death, property loss or damage or other direct or indirect loss or damage of any kind, howsoever sustained or incurred, in connection with or arising out of Fundraising Incentives except those that cannot be excluded by law.

G.  Remittance Requirements

1. The Foundation will provide the following documents to the Participant(s) to assist in the remittance process:

a. An Event Reference Number unique to each Participant(s);

b. Letter of authority;

c. A Fundraising kit including:

 i. a bank deposit slip;

 ii. a remittance statement; and

iii. Instructions and procedures relating to fundraising and receipting.

2. The Foundation cannot provide receipts to the Participant(s) but can issue receipts for donations by individuals, if the Participant(s) requests such receipts and provides the Foundation with details of the name, address and amount donated by any given individual, upon remittance of funds raised.

3. The Participant(s) agrees, on behalf of the Cricket Club or Association that they represent, that they will comply with all fundraising guidelines and follow fundraising procedures provided by the Foundation.

4. The Participant(s) will remit the Donation directly to the Foundation's nominated bank account (McGrath Foundation Limited, BSB 063-000 Account Number 1192 6137)

5. The Participant(s) will forward a completed remittance statement to the Foundation by email, facsimile or post as soon as practicable after the Donation is deposited in the Foundation’s Bank account.

6. The Participant(s) will pay the Donation to the Foundation on or before 12 March 2015.

H.         Competition to win a visit from Australian Cricketing Legend - Glenn McGrath

1. The Competition to win a visit from an Australian Cricketing Legend is otherwise known in these terms and conditions as the Competition.

2. Information on how to enter forms part of the terms and conditions of entry. Entry into Competition is deemed acceptance of these Terms and Conditions.

3. Entry is open to all permanent residents of Australia. Employees and their immediate families of the Foundation and their agencies and companies associated with the Promotion are not eligible to enter.

4. The Competition commences on 08 September 2014 and concludes on 2 February 2015.

5. To enter Participant(s) must:

a. register to take part in the Promotion in accordance with these Terms and Conditions; and

b. Submit an entry detailing in 25 words or less, why the Participants’ Club, Association or Team should be chosen as the winner of a visit from an Australian Cricketing Legend, Glenn McGrath.

6.         To be eligible to win the visit from an Australian Cricketing Legend, the Participant(s) must participate in the Promotion on Saturday 21 February 2015 or on any alternative date authorised by the Foundation.

7. Entries will be judged by a panel comprised of McGrath Foundation staff, at their absolute discretion, on the basis of their originality and creativity, on Friday 06 February 2015.

8. The Prize will be awarded to the Participant(s) Cricket Club, Association or Team as named in the registration details.

9. The determination of the winner of the Competition will take place on Friday 06 February 2015 at 12pm (EST) at the Foundation’s offices – 54 Chandos Street, St Leonards NSW, 2065.

10. The winner will be notified by email and the winner's details will be published on the Foundation's website (www.mcgrathfoundation.com.au) within 2 days of the Competition draw.

11. The Foundation shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to direct or consequential loss) or sustained in connection the Competition or the attendance at the winner’s premises of the Australian Cricket Legend – Glenn McGrath, except for any liability which cannot be excluded by law.

12. The Foundation reserves the right to request the winner provide proof of authority to act on behalf of the Participant(s). Such proof considered suitable for verification is at the discretion of the Foundation.

13. The Foundation reserves the right to disqualify any person who the Foundation has reason to believe has breached any of these conditions, or engaged in any unlawful or improper misconduct calculated to interfere with the fair and proper conduct of this Promotion. The Foundation’s legal rights are reserved to recover damages or other compensation from such an offender.

14. If for any reason this Competition is not capable of running as planned, including (but not limited to)  illness, death, infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Foundation, which corrupt or affect the ability of the Australian Cricket Legend to attend or administration security, fairness or integrity or proper conduct of this Competition, the Foundation reserves the right in its sole discretion to take any action that may be available, and to cancel, terminate, modify or suspend  Competition, subject to any direction given under State permit regulations.

15. In the event that Glenn McGrath cannot attend the Prize winner’s premises as arranged for any reason, the Foundation will use its best endeavours to find a substitute Australian Cricket Legend to attend and will notify the winning Participant of alternative arrangements.

16. In the case of the intervention of any outside agent or event which naturally changes or prevents Competition draw or prevents or hinders its determination, including but not limited to illness, death, vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strikes; the Foundation may in its absolute discretion cancel the event and recommence it from the start on the same conditions subject to state legislation.

17. Subject to any direction which may be given under the relevant State legislation, the Foundation will conduct such further determination of a winner of the Competition as may be deemed necessary, at the Foundation’s offices – 54 Chandos Street, St Leonards, NSW 2065 on 13 February 2015 at 12pm (AEST).

18. The Foundation accepts no responsibility for any kind of loss or liability suffered or incurred by any of the Participant(s) in relation to the Competition. The Participant(s) release the Foundation its related bodies corporate, affiliates, officers, agents and employees, from all liabilities, loss and damage of any kind arising at any time out of or in connection with the acceptance of, and participation in, the prize or the Competition. Without limiting the foregoing, the released parties will not be liable for any injury, sickness or death, property loss or damage or other direct or indirect loss or damage of any kind, howsoever sustained or incurred, in connection with or arising out of the prizes.

19. The Foundation will make all reasonable effort to locate the winner and to have the Australian Cricket Legend attend the Participant(s) Promotion.

20. “The Promoter” is the McGrath Foundation Ltd of 54 Chandos Street, St Leonards, NSW 2065 (ABN 23 115 566 624).