Ripple Effect Wave Challenge : Terms

Introduction

1. These Terms and Conditions govern the Ripple Effect Wave Challenge (REWC) (Challenge), organised by the Ripple Effect Foundation Ltd (ABN 29 672 223 335) (Promoter).

2. The Ripple Effect Foundation Ltd is a registered health promotion charity with the Australian Charities and Not-for-profits Commission and an endorsed Deductible Gift Recipient.

3. By registering online in the Challenge, you are deemed to have read, understood and accepted these Terms and Conditions. References to the 'Challenge' includes all activities associated with the Challenge. Challenge entries close online at https://rewc.com.au on 30th April 2025.

The Challenge

4. The Challenge will begin on 1 April 2024 and end on 30 April 2024.

5. Fundraising activities for prize eligibility must be completed by 30 April 2024, and funds must be banked before this date.

6. Donations will be accepted until 31 May 2024.

Registering for the Challenge

7. To register for the Challenge, you must complete the online registration form.

8. When you register and complete the registration form, you will provide the Promoter with personal information such as your name, email address, or telephone number. You must ensure that this information is accurate and current. The Promoter will handle all personal information collected in accordance with clauses 17 to 21.

9. When you register and activate your account, the Promoter will provide you with a username and password. You are responsible for keeping this username and password secure and are responsible for all use and activity carried out under this username. If you suspect that your account is being used without your authority, you must immediately report this to the Promoter.

10. Entry is not transferable and is only valid for the person whose name and address details are listed in the registration form. You acknowledge that any attempt to transfer an entry or allow another person to participate in the Challenge under your name without the Promoter's knowledge may void any applicable insurance and the entrant will be disqualified from the Challenge.

11. You acknowledge that:

(a) insurance may be in place that may provide limited cover to you while you are participating in the Challenge;

(b) any such insurance may not cover you for all personal injuries, death and/or property damage you may sustain during the Challenge;

(c) you may be able to, in your own interests and at your own expense, seek and obtain personal insurance in addition to any insurance cover provided by the Promoter; and

(d) you may register for the Challenge as part of a team. A separate registration form must be filled out for each team member.

Eligibility to Register

12. To register for the Challenge, you must:

(a) be at least 18 years of age or have permission from your parent or guardian to participate;

(b) possess the legal right and ability to enter into a legally binding agreement with the Promoter; and

Terms of Use for the Website

13. You must not:

(a) modify, hack, reverse engineer, or tamper with any part of the website;

(b) engage in activities that violate Australian privacy or cyber laws (Privacy Act 1988 (Cth)) or cybercrime laws (Cybercrime Act 2001 (Cth));

(d) use the website to send spam or conduct fraudulent activities.

14. If you are under the age of 18, you represent that you have reviewed these Terms and Conditions with your parent or legal guardian to ensure understanding. If you are a parent or guardian permitting a person under the age of 18 (Minor) to create an account, you agree to:

(a) exercise supervision over the Minor's use of our website and participation in the Challenge;

(b) assume any and all risks associated with the Minor's participation, including any injury, illness, or damage;

(d) assume liabilities resulting from the Minor's participation and use of the website; and

(e) ensure the accuracy and truthfulness of all information submitted by the Minor.

15. If you violate these terms, the Promoter reserves the right to suspend or terminate your access to the website.

Privacy Policy

16. The Promoter is committed to protecting your personal information in compliance with the Privacy Act 1988 (Cth).

17. Personal data is collected only for Challenge administration and communication.

18. Data Security: Personal data is stored on secure servers and protected from unauthorized access.

19. The Promoter does not sell or rent personal data but may share it with third-party service providers (e.g., payment processors).

20. You can request access, correction, or deletion of your data by contacting the Promoter.

Assumption of Risk

21. The Promoter makes no representation or warranty that the Challenge is appropriate for you. Physical activities associated with the Challenge involve inherent risks, including but not limited to, falls, collisions, and physical exertion, which may result in injury, illness, or death. Other risks include minor cuts; blisters or abrasions; sprained ankles, knee or hip injuries; physical exhaustion, heart attack or fainting; drowning; dehydration; and weather-related hazards.

22. The Promoter does not guarantee the safety of any entrant and is not responsible for supervising Challenge activities.

23. There may be risks associated with participation in the Challenge that are not known or reasonably foreseeable at this time.

24. You agree to take reasonable care for your personal safety, health, well-being and property when participating in the Challenge. It is your responsibility to assess your fitness level and readiness before participating in the Challenge.

25. The Promoter encourages you to consult a medical professional prior to participating in the Challenge if you have a known medical condition or are taking any medication or substance that may affect or interfere with your ability to safely engage or participate in the Challenge.

26. You agree to withdraw from the Challenge if you are not well enough to participate.

27. The Promoter may terminate your registration in the Challenge at any time for any reason at its discretion.

Entrant Obligations

28. By registering for the Challenge, you confirm that:

(a) you and all team members you register are in good physical health and not subject to any medical conditions or injuries that could prevent or be worsened by participation;

(b) you and all team members are over the age of 18 or have proper parental or guardian consent to take part;

(c) you and all team members understand that participation is voluntary and involves physical activity with inherent risks;

(d) you and all team members will engage in the Challenge activities safely and responsibly; and

(e) you are solely responsible for your safety during the Challenge.

Removal or Exclusion

29. You acknowledge that the Promoter may remove you from the Challenge location and/or exclude you from participation in the Challenge:

(a) if your behaviour is inappropriate, offensive, or abusive;

(b) to prevent damage to any property;

(c) on medical or health and safety grounds (including to prevent possible harm or injury to you or any other person); or

(d) to prevent or arrest any form of unauthorised marketing, including ambush marketing.

Fundraising and Donations

Fundraising Compliance

30. The Promoter holds fundraising licences in all Australian states and territories where required by law. You do not need to obtain separate approvals to raise funds for the Challenge.

31. However, you must:

(a) comply with the conditions of the Promoter's fundraising licences, including accurately representing the Challenge and its purpose;

(b) avoid misleading or deceptive conduct when soliciting donations; and

32. The Promoter reserves the right to suspend or remove any fundraising activity that breaches these Terms and Conditions or applicable fundraising laws.

Donations & Refund Policy

33. All donations are final and non-refundable once processed and forwarded to the beneficiary.

However, in compliance with Australian Consumer Law, refund requests may be considered if:

(a) a duplicate transaction was processed;

(b) a fraudulent transaction was identified; or

34. Refund requests must be submitted in writing within 14 days of the transaction.

35. The Promoter is not responsible for chargebacks or disputes initiated through third-party payment providers (e.g., PayPal, Visa, Mastercard). These disputes must be handled directly with the donor’s financial institution.

Waiver of Liability

36. You acknowledge any donations are non-refundable, except as required by law.

37. In consideration of the Promoter accepting your entry into the Challenge, and to the maximum extent permitted by law, you agree to release and discharge the Promoter, its directors, employees, agents, and affiliates from any claims, liabilities, or damages arising out of or related to:

(a) personal injury, illness, or death resulting from participation in the Challenge;

(b) property damage or loss sustained during the Challenge (including economic and non-economic loss, whether direct, indirect special or consequential) (Loss); and

38. To the extent permitted under the Australian Consumer Law (Competition and Consumer Act 2010 (Cth), Schedule 2) the Promoter excludes liability for Loss or harm resulting from a breach of an express or implied warranty that you will exercise reasonable care and skill when participating in the Challenge.

Indemnity

39. You agree to indemnify and hold harmless the Promoter, its directors, employees, agents, and affiliates from and against any claims, liabilities, costs, or expenses (including legal fees) arising out of:

(a) your participation in the Challenge, including in relation to death, illness, damage and personal injury;

(b) any breach of these Terms and Conditions;

(c) the publication or distribution of any information or material supplied to the Promoter by you, including in relation to any Challenge competitions and/or prize draws; and

(d) any injury, illness, or damage caused by you to third parties during the Challenge.

Media and Personal Information

40. You agree and acknowledge that:

(a) any images of you participating in the Challenge which are available publicly online, or shared (including hash tagged on social media) with the Promoter or Challenge sponsor, may be used by the Promoter for marketing purposes without remuneration or compensation to you;

(b) any images shared online may be stored by search engines or third parties for which the Promoter is not responsible and cannot control;

(d) unless you have indicated that you do not agree to receive notifications on your registration form, you also acknowledge that you may receive Challenge information from the Promoter by SMS and email.

Fund Distribution

41. By participating, you consent to the Promoter distributing funds raised during the Challenge to a mental health beneficiary, cause, or initiative of its choice, at its sole discretion.

Competition Prizes

Eligibility

42. Prizes are open to all eligible participants who submit complete and accurate details.

43. Competitions are open worldwide unless stated otherwise.

Competition & Prize Compliance

44. The competition is conducted in accordance with Australian trade promotion laws, including:

(a) Lotteries and Art Unions Act 1901 (NSW);

(b) Gambling Regulation Act 2003 (VIC); and

45. If a permit is required for a competition, the Promoter will obtain and disclose the relevant permit number.

Unclaimed Prizes

46. If a winner does not claim their prize within 14 days, the Promoter may:

(a) conduct a redraw in accordance with state trade promotion laws; or

(b) donate the prize to a registered charity.

47. The Promoter is not responsible for any tax implications related to winning a prize.

Emergencies

48. You acknowledge that the Promoter does not assume responsibility for responding to emergencies during the Challenge. It is your sole responsibility to ensure you have appropriate emergency plans and insurance coverage in place before participating.

49. You agree you will abide by any reasonable directions issued by the Promoter or any emergency services.

Dispute Resolution

50. If you disagree with a decision made by the Promoter regarding the Challenge (e.g. refunds, eligibility, prize disputes), the following dispute resolution process applies:

(a) Written Complaint: You must submit a written complaint via the contact form on https://rewc.com.au within 14 days of the disputed decision.

(b) Internal Review: The Promoter will conduct an internal review of the complaint and respond within 10 business days.

(c) Escalation: If the issue remains unresolved, you may seek mediation through an independent dispute resolution provider.

(d) External Appeal (if required): If mediation does not result in a resolution, you may may lodge a formal complaint with the relevant consumer protection body (e.g., ACCC, Fair Trading NSW).

51. This process does not affect your rights under Australian Consumer Law.

General Provisions

52. These Terms and Conditions are governed by the laws of the State of Queensland, Australia. By participating in the Challenge, you agree that any disputes will be resolved under

Queensland law. If any provision is found to be unenforceable, the remaining provisions shall remain in effect and enforceable in all Australian states and territories.

Amendments

53. The Promoter reserves the right to modify these Terms at any time. Updates will be posted on https://rewc.com.au.

Contact Information

54. For questions regarding these Terms, contact us via the website at https://rewc.com.au

TERMS