Terms and
Conditions

Terms and Conditions

1. One Foot Forward is a virtual fitness and fundraising challenge to walk or run your own kilometre target throughout October 2023, whilst raising vital funds to support the Black Dog Institute. By participating in One Foot Forward, you are accepting these Terms & Conditions, the Privacy Policy, the Fundraising Guidelines and the Parental Consent Form (if applicable) and agree to comply with them.
   
   
2. Please read all terms carefully as this is a legal document that affects your rights.

Definitions

“Agreement” means these Terms and Conditions, the Privacy Policy, the Fundraising Guidelines and the Parental Consent Form (if applicable).

“Eligible Entrant” has the meaning given in clause 20.

“Event” means BDI’s One Foot Forward virtual fitness and fundraising challenge taking place from 12:01am AEDT on Sunday 1 October 2023 to 11:59pm AEDT on Tuesday 31 October 2023. There is no registration fee for this event.

“We/BDI/Us” means Black Dog Institute ABN 12 115 954 197.

Risk notice

3. I acknowledge that the Event and any associated training including (but not limited to) training walks and runs may involve certain inherent risks of injury or even death from various causes. This includes but is not limited to walking and running on roads and uneven, steep or rocky surfaces, walking and running at night by torch light in the open natural environment and walking and running under various weather conditions. I am aware of the hazards involved and engage in the Event at my own risk.
   
   
4. I acknowledge participation in the Event in a public place where people are present also increases my risk of exposure to and contraction of communicable disease(s), including but not limited to COVID-19.
   
   
5. I acknowledge that the Event may involve significant risk of physical harm or personal injury including permanent disability and/or death to participants and that any such injury or loss may result not only from the actions of BDI or its employees but from the actions, omission or negligence of others.
   
   
6. I acknowledge that the activities of the Event may constitute a "recreational service" as defined in the Competition and Consumer Act 2010 (Cth) and the liability of BDI (including for death or personal injury) arising out of the failure by BDI, its employees or volunteers to comply with any consumer guarantees under that Act is excluded to the maximum extent permitted by law.
   
   
7. I acknowledge that, to the maximum extent permitted by law, BDI is excluded from all liability to me, including negligence, whether on behalf of BDI or its employees, and whether my loss or damage has occurred to myself or my property. Where that liability cannot be excluded, the liability of BDI is limited to the maximum extent permitted by law.
   
   
8. I acknowledge that BDI shall not be responsible to me for any punitive, exemplary, incidental, special or consequential damages, including but without limitation loss of profits, loss of revenue, loss or denial of opportunity, indirect/remote/abnormal or unforeseen loss or any similar loss whether in the reasonable contemplation of BDI or me.
   
   
9. I acknowledge that the activity may be physically demanding in some susceptible individuals and may involve exposure to the natural elements, extreme weather and other circumstances over which BDI has no control.
   
   
10. I certify that I am physically fit to take part in and train for this event and have not been advised otherwise by a qualified medical professional. I am not suffering from a medical condition that would make me unfit to participate in the Event.
    
    
11. I understand that the terms herein are contractual, serious, not a mere recital and form the basis of the Agreement by which I participate.
    
    
12. I further acknowledge that I have been advised by the principals, servants and/or agents of BDI of the risks associated with the activities and to the extent permitted by law, I have voluntarily assumed those risks.
    
    
13. I understand that nothing in this Agreement limits or excludes provisions made in the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law or other applicable legislation and that despite my participation and acceptance of this Agreement I will still have the benefit of consumer protection.

Content sharing

14. Any content that you post (e.g. photos, videos and comments) is your responsibility, and you must make sure that you have the necessary rights to post that content (e.g. by obtaining permission of copyright owners if necessary or by obtaining permission to use personal information of third parties).
    
    
15. I give permission for the free use by BDI of, and grant to BDI a non-exclusive, transferable, royalty-free worldwide right to use and reproduce, my name, image and voice in any broadcast, or any other account on social media, the BDI website or any media, for the Event.
    
    
16. Participants of the Event can share their own story, content or photos relating to why they are doing the campaign. BDI reserves the right to request the removal of any content if the content is not in the best interests of the community or BDI. I agree to abide by such requests.

Governing law

17. I acknowledge this Agreement is governed by the Laws of New South Wales including the Civil Liability Act 2002 (NSW) as amended.
    
    
18. I further acknowledge that this document may be relied upon in any proceedings instituted in any court by me or my heirs, executors and assigns.
    
    
19. Any disputes by Event participants concerning the conduct of the Event are to be resolved with BDI.

Eligible Entrants

20. I further state that I am over 18 years old and legally competent to sign this acknowledgement. If I am under 18 years old, I have obtained parental consent to participate in the Event by way of submitting a Parental Consent Form to BDI.

Authority to fundraise

21. By participating in the Event we are providing you authority to fundraise on behalf of BDI and you agree to conduct your fundraising activities in accordance with our authority to fundraise and Fundraising Guidelines.
    
    
22. Any fundraising activity undertaken by a third party to raise funds for BDI will be conducted by that individual or group/committee and is the sole responsibility of the person/s undertaking that fundraising.
    
    
23. BDI reserves the right to refuse approval of any proposed fundraising activity deemed to be unacceptable or non-aligned with the BDI brand.
    
    
24. BDI is not responsible for any expenses incurred by you in undertaking your fundraising activities. The person/parties authorised to fundraise are responsible for payment of all expenses in relation to the agreed fundraising activity.
    
    
25. BDI is unable to secure raffle or auction prizes for your fundraising activity.
    
    
26. We do not provide public liability insurance for fundraising events organised by a third party. Organisers will need to take out their own public liability insurance.
    
    
27. We accept no responsibility for any accidents or incidents that occur during the organisation or running of your fundraising activity. You indemnify Us with any insurance you obtain in relation to your activity.
    
    
28. It is the responsibility of the person/parties undertaking the fundraising activity to gain any licences or approvals which may be necessary to operate their fundraising activity from relevant local and state authorities (e.g. councils).
    
    
29. Any person/party who undertakes a fundraising activity on behalf of a registered charity without authorisation by that charity is acting outside of the law and can be prosecuted.
    
    
30. We reserve the right to refuse, or cancel at any time the granting of an authority to fundraise if we believe it is not in the best interests of the individual, the community or BDI.

Prizing and Rewards

31. Reach your milestone fundraising targets, as outlined below, to receive rewards:
    1. Raise $120 – Exclusive One Foot Forward T-Shirt
    2. Raise $385 – Exclusive One Foot Forward Journal
    3. Raise $680 – Exclusive One Foot Forward Drink Bottle, Wristband and Socks
    4. Raise $1,000 – Exclusive One Foot Forward Hoodie and tote bag
       
       
32. Reward recipients will be notified via a triggered email when they are eligible to claim a reward and are required to complete the claim form. All physical rewards will be delivered to the address provided by winners in the claim form.

If a prize/reward includes vouchers, the vouchers are only valid until the voucher expiry date specified on the voucher, and are subject to any terms and conditions imposed by the voucher supplier. Once awarded, BDI is not liable for any voucher that has been lost, stolen, forged, damaged or tampered with in any way. Vouchers cannot be exchanged or refunded for cash.