GENERAL TERMS & CONDITIONS
These Terms & Conditions hereby state the overarching agreement between Ride Sunday Pty Ltd (‘Ride Sunday’) and any registered person(s) that may be participating and/or affiliated with Ride Sunday.
1. Copyrights & Trademarks
Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of our website are copyrights, trademarks, service marks, and/or other intellectual property whether registered or unregistered ("Intellectual Property") owned, controlled or licensed by Ride Sunday Pty Ltd, ABN 49 6176 825 23 (Ride Sunday).
2. Hosting a Ride
By “Creating a Ride” during the registration process, you accept that you are responsible for the organisation and running of the Event; which includes acquiring any necessary permits, permissions and/or insurances required to host such an event. There may be risks and dangers inherent to a Ride Sunday Event, and by choosing to host it you understand and accept that Ride Sunday will not have any liability in relation to any injury, damage or loss incurred in connection with your Ride Sunday Event.
3. Participating in a Ride
By accepting our Terms and Conditions you acknowledge that if you participate in a Ride Sunday Event of any sort you do so at your own risk. Ride Sunday will not have any liability in relation to any injury, damage or loss sustained as a result of your participation of any Ride Sunday Event.
4. User Conduct
a. You must not collect user’s content using automated means
b. You must not interfere with our website, upload viruses or other malicious code
c. You must not bully, intimidate or harass anyone
d. You must not post any content that infringes or violates someone else’s rights, or otherwise violates the law, or that is discriminatory, hateful, pornographic, threatening or violent
5. Content posted by you
Any content that you post to our Services including photos, videos and comments, is your responsibility. You must ensure that you have the necessary rights to post that content by obtaining the permission of copyright owners if necessary or by obtaining permission to use personal information of third parties. By posting any content, you also give Ride Sunday a non-exclusive, transferable, royalty-free worldwide right to use and reproduce that content.
Ride Sunday reserves the right to remove any content posted by you or prevent any or all access to our platform to our entire discretion.
Our website contains links to other websites. Please note that when you click on one of these links, you are entering another website for which Ride Sunday has no responsibility. You use these sites at your own risk. We encourage you to read the privacy statements on all such sites as their policies may be different than ours.
7. Charity Partners & Donations
Funds raised to each individual charity will be directly credited to the charity's bank account using the Stripe payment gateway. All refunds will be managed by each respective charity. For all refund enquiries please email email@example.com. A Tax Receipt will be sent to the donor for the amount donated to the respective charity by that charity.
Participating charities pay a fee to Ride Sunday to cover its costs associated with running this event. This fee will not exceed 20% of the donations received by the charities and is used to support the expenses associated with the running and maintenance of Ride Sunday.
8. Contact Us
If you have any questions about these Terms, please contact us via our contact page.
PRIZE TERMS & CONDITIONS
1. Information on how to enter and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. Entry is open to individuals who register to raise money for the 2019 Ride Sunday campaign online at http://www.ridesunday.com (“Eligible Entrant(s)”). Eligible Entrants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the Eligible Entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex spouse, de facto spouse, child or stepchild (whether natural or by adoption), parent, step parent, grandparent, step grandparent, uncle, aunt, niece, nephew, brother, sister, stepbrother, stepsister or 1st cousin.
3. Promotions for highest fundraisers commence at 12:01am UTC±00:00 on Monday 23/09/2019 and final entries close at 11:59pm UTC±00:00 on Sunday 17/11/2019 (“Promotional Period”).
4. The requirements in order to be eligible for the respective promotions are as follows:
i.The ‘Ride Sunday” Highest Fundraiser will win a Yamaha R1 Motorcycle. Yamaha will be providing one stock current model R1 with a value of $20,000 AUD including on road costs for the winner to collect from their nearest Yamaha dealership.
5. The Promoter reserves the right, at any time, to verify the validity of entries and Eligible Entrants (including their identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
6. Only one (1) entry is permitted per person.
7. If there is a dispute as to the identity of an Eligible Entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the Eligible Entrant.
8. The Promoter’s decision is final and no correspondence will be entered into.
9. If for any reason the winner does not take the prize by the time stipulated by the Promoter, then the prize will be forfeited. If the prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification. The prize is not transferable (other than as stated above) or exchangeable and cannot be taken as cash.
10. Without limiting any other terms herein, the Eligible Entrant agrees to indemnify the Promoter for any breach of the above terms.
11. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this
12. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any Eligible Entrant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.
13. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under the Australian Securities and Investments Commission Act 2001 (Cth) Act or similar consumer protection laws in any other applicable jurisdiction (“NonExcludable Guarantees”). Except for any liability that cannot by law be excluded, including the NonExcludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.
14. Except for any liability that cannot by law be excluded, including the Non Excludable Guarantees, the Promoter (including its respective officers, employees and agents)is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (f) any tax liability incurred by a winner or Eligible Entrant; or (g) use of the prize.
16. The laws of Australia apply to this promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Australia.
17. The Promoter is Ride Sunday Pty Ltd.