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Terms & Conditions

Date of last revision 29 March 2023.

This website and The Basketball Challenge are operated by The BUSY School Ltd (ABN 24 637 544 426).

All participants must accept these Terms and Conditions prior to their participation in The Basketball Challenge 2023. If you are under the age of 18, you must ensure that these Terms and Conditions are accepted by your parent/carer on your behalf. By participating in The Basketball Challenge you are also accepting our Privacy Collection Statement and any other documents provided to you in your welcome pack and you agree to comply with them. Where relevant these Terms and Conditions also apply to donors and supporters of registered participants of The Basketball Challenge and the event itself.

“You” means all adult participants, all Youth Participants and any parent or guardian accepting these Terms and Conditions on behalf of a Youth Participant.

“Youth Participants” means participants under the age of 18.

Risk Notice and Voluntary Assumption of Risk

You understand and agree that you participate in The Basketball Challenge at your own risk.

The Basketball Challenge is an event that involves the inherent risks of harm associated with physical exertion. Some of those risks include injury due to slippery or uneven surfaces, obstacles, trip hazards, overcrowding, collision with objects or people and the effects of heat, cold, dehydration and exhaustion. In rainy, windy or other inclement weather conditions, basketball hoops or other structures may collapse or become unsecured from the ground, potentially resulting in injury. Further risks may be associated with participating in The Basketball Challenge during the night.

The above is not an exhaustive list of all risks inherent in your participation in The Basketball Challenge.  There may be risks that are not known or reasonably foreseeable at this time.

The BUSY School Ltd recommends that you consult a doctor before participating in The Basketball Challenge and particularly if you have ever experienced a heart condition, stroke, unexplained chest pains, faintness, dizziness, shortness of breath, severe asthma, diabetes, muscle, joint or bone problems or any other medical conditions that may make it dangerous for you to participate in The Basketball Challenge. Regardless of whether you have consulted a doctor, you agree that you are aware of the risks involved and you voluntarily assume those risks (including any arising from the negligence of The BUSY School Ltd).

You warrant that you have no known medical conditions or disabilities that may be incompatible with your safe participation in The Basketball Challenge. You warrant that you are in proper physical and mental condition to participate in The Basketball Challenge. You consent to medical care and transportation in order to obtain treatment in the event of injury to your during the Corporate Event event or any event held at The BUSY Schools in relation to The Basketball Challenge, as volunteers or medical professionals may deem appropriate. You understand that these Terms and Conditions extend to full release and exclusion for any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury to yourself.

You understand that The BUSY School Ltd has obtained no personal accident insurance or any other insurance covering your participation in The Basketball Challenge and it is your responsibility to obtain any and all insurance which is appropriate for that purpose.

You acknowledge that during The Basketball Challenge both your person and your property shall be at your own risk. You understand and accept that The BUSY School Ltd are not responsible for any loss or damage to personal belongings.

You understand that The BUSY School Ltd will not supervise Youth Participants while undertaking activities related to fundraising, and that Youth Participants must arrange to be supervised by an adult as appropriate and/or required.

Indemnity

You will indemnify, keep indemnified and hold harmless The BUSY School Ltd and all sponsors and supporters of The Basketball Challenge, as well as their officers, employees, volunteers, agents and representatives, from any and all loss, damage, cost or expense in connection any claim arising from your participation in or involvement with The Basketball Challenge or any breach of these Terms and Conditions by you; and publication or supply of any materials (as defined in the Media Consent and Provision of Materials clause below) by you.

Release and Exclusion of The BUSY School LTD’s Liability

To the maximum extent permitted by law:

  • you fully and irrevocably exclude and release The BUSY School Ltd and all The Basketball Challenge sponsors and organisers, as well as their directors, officers, employees, volunteers, agents and representatives, from all liability for any loss, damage, cost or expense (whether in negligence, contract, under statute or otherwise) suffered by you as a consequence of my involvement in The Basketball Challenge, including in relation to death and personal injury;
  • all conditions, warranties, guarantees, rights, remedies, liabilities or other terms implied or conferred by statute, custom, or the general law that impose any liability or obligation on The BUSY School Ltd or The Basketball Challenge sponsors or organisers (or their directors, officers, employees, volunteers, agents and representatives) are excluded (including consumer guarantees to the extent such exclusions are permitted under the law);
  • neither The BUSY School Ltd nor any of The Basketball Challenge sponsors or organisers (nor any of their directors, officers, employees, volunteers, agents and representatives) will be liable to you, or any other person in contract, tort (including negligence) or otherwise for any loss, damage, cost or expense of any kind (including direct, indirect or consequential losses, damages, costs and expenses) suffered or incurred by you, or any other person in connection with The Basketball Challenge; and
  • in any circumstances where the above exclusions (or any of them) are held by a court to be ineffective or unenforceable for any reason whatsoever, The BUSY School Ltd’s liability to you and to any other person is limited (at its option) to resupplying, repairing or replacing the service to you or the payment of the cost of supplying the service to you again.

Refunds Policy

Registration payments and sponsorships of participants are not refundable for any reason. If you are unable or unwilling to participate in The Basketball Challenge, or if The Basketball Challenge is modified or terminated for any reason, registration payments will be deemed to be donations to The BUSY School Ltd for which a tax-deductible receipt will be issued upon request. However, The BUSY School is willing to consider requests to transfer registration fees to future events on a case-by-case basis. Should you have made an error whilst registering or donating or wish to request a transfer to a future event please contact The BUSY School Ltd for assistance.

Venues and Behaviour

The agreement to participate means that you also agree to be bound by the rules and regulations that may apply to the premises or property where your participation in The Basketball Challenge is to be held. You also agree to follow the directions of anyone authorised to give directions whilst you are on the said premises or property. This includes directions not to participate, or to leave the premises or property where your participation is taking place. You agree to show respect and consideration for other participants in the event. You agree to abide by venue rules concerning activities, coarse language, privacy, and noise. You must obey all applicable laws at all times while participating in The Basketball Challenge.

Media Consent and Provision of Materials

You acknowledge that in the course of participating in The Basketball Challenge, photographs, images, film or audio recordings may be taken of you, either alone or with others. If you post photographs, images, film, audio recordings, text or artwork (“materials”) on social media, share that content with The BUSY School Ltd or The Basketball Challenge using hashtags or tag The BUSY School Ltd or The Basketball Challenge in the post, or otherwise provide any materials to The BUSY School Ltd or The Basketball Challenge, you will ensure that:

  • you own the intellectual property in those materials or have the permission of the owner of the intellectual property for The BUSY School Ltd (and its assignees and licensees) to use such items;
  • the material is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;
  • the material is not a ‘passing off’ of any product or service and does not constitute unfair competition;
  • the material does not infringe any intellectual property right including, but not limited to, trademarks, service marks or business names (whether registered or unregistered), confidential information and copyright; and
  • the material does not infringe any applicable laws including, but not limited to, the Australian Competition and Consumer Laws.

You agree to The BUSY School Ltd and its assignees and licensees using photographs, images, film, audio recordings, text, or artwork taken of you and materials provided by you (either complete or in part) for any purpose (including publicity, merchandising, editorial, education, fundraising) in any type of media without qualification (e.g. newspapers, magazines, social media, other print publications, radio and television broadcasts, websites, webinars, podcasts and vodcasts) and in perpetuity. You agree to the use of your name in conjunction with any photographs, images, film or audio recordings of or quotes from you . You also agree that the photographs, images, film, audio recordings, text or artwork taken of you and materials provided by you may be used by third party media organisations in connection with the reporting of The Basketball Challenge.

Shipping and delivery

The BUSY School Ltd will distribute any merchandise purchased as part of your registration either in person, or by post. Should you have any queries please contact The BUSY School Ltd for assistance.

Governing Law and Jurisdiction

These Participation Terms and Conditions will be governed by and construed in accordance with the laws of the state of Queensland, Australia, and you acknowledge that you submit to the non- exclusive jurisdiction of the courts of Queensland and any court hearing appeals from those courts.

Prizes

Lucky Draw Registration Prize – The Basketball Challenge 2023

  1. The lucky draw registration prize (LDRP) is run by The Basketball Challenge and is valid from 2 April 2023 until 3 July 2023.
  2. The LDRP is a travel credit voucher which is determined by The BUSY School Ltd.
  3. We reserve the right to vary/replace the LDRP for one of a similar value.
  4. This LDRP is only available to registrants who have completed their registration in full by 10am Monday 3 July 2023 including a valid postal address in Australia, contact number and valid email address.
  5. To be eligible for the LDRP;
    1. adult participants must raise a minimum of $250 for their team.
    2. youth participants must raise a minimum of $100 for their team.
    3. fundraising totals must be shown as banked funds on The Basketball Challenge website by 10am on Monday 3 July 2023.

Highest Individual Fundraiser Prize – The Basketball Challenge 2023

  1. The Highest Individual Fundraiser Prize (HIFP) is run by The Basketball Challenge and is valid from 2 April 2023 until 3 July 2023.
  2. The HIFP is a shopping credit voucher which is determined by The BUSY School Ltd.
  3. We reserve the right to vary/replace the HIFP for one of a similar value.
  4. This HIFP is only available to registrants who have completed their registration in full including a valid postal address in Australia, contact number and valid email address.
  5. To win the HIFP; the participant must have a banked fundraising value on The Basketball Challenge website, higher than all other participants in The Basketball Challenge, as at 10am Monday 3 July 2023.
  6. For the purpose of this prize, hoop reservation contributions relating to participation in the Corporate Challenge will be excluded from fundraising totals.

Highest Fundraising Team Prize – The Basketball Challenge 2023

  1. The Highest Fundraising Team Prize (HFTP) is run by The Basketball Challenge and is valid from 2 April 2023 until 3 July 2023.
  2. The HFTP is a shopping credit voucher which is determined by The BUSY School Ltd.
  3. We reserve the right to vary/replace the HFTP for one of a similar value.
  4. This HFTP is only available to registrants who have completed their registration in full including a valid postal address in Australia, contact number and valid email address.
  5. To win the HFTP; the team must have a banked fundraising value on The Basketball Challenge website, higher than all other teams in The Basketball Challenge, as at 10am Monday 3 July 2023.
  6. For the purpose of this prize, hoop reservation contributions relating to participation in the Corporate Challenge will be excluded from fundraising totals.

Prizes Conditions

  1. The BUSY School Ltd is not liable for any harm associated with the redemption or use of the Prizes and winners use them at their own risk.
  2. Each participant in The Basketball Challenge must comply with these Terms and Conditions in order to be eligible to receive the Prizes.
  3. Employees of The BUSY School Ltd and The BUSY Group are eligible to win the Prizes, pending all other eligibility requirements are met.
  4. The Prizes are not redeemable for cash or other products and are not transferable.
  5. If for any reason outside of The BUSY School Ltd’s control the Prizes are not, or are no longer capable of running/available from the supplier, then The BUSY School Ltd reserves the right to cancel these Prizes at any time without prior notice and without liability to any participant.
  6. All entries are the property of The BUSY School Ltd and any personal information contained in the entries will be held in accordance with our Privacy Policy.
  7. The BUSY School Ltd accepts no responsibility or liability to a participant for any:
    1. issues, whether technological or otherwise, that result in an application not processed in time;
    2. costs incurred by an entrant directly related to, or associated with, entering into these Prize draws;
    3. damage, loss, liability or injury incurred by a participant as a result of participating in these prize draws;
    4. failure to comply with its obligations where such failure is caused by something outside of its control
  8. The Prizes will be drawn on 3 July 2023 at the offices of The BUSY School Ltd in QLD, with the winners being notified within a week of the draw by email and phone.
  9. These Terms and Conditions are governed by the laws in force in Queensland.

Content

By accessing and continuing to use our website, including registering for The Basketball Challenge, you agree with these terms and our Privacy Policy (Terms), which may be updated from time to time. Please read these Terms carefully and immediately cease participating in the Challenge and/or using our website if you do not agree to them.

By registering for The Basketball Challenge, you confirm that you are over the age of 18 or otherwise have the required parental permission to take part.

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our website in accordance with these Terms. All other uses are prohibited without our prior written consent.

We may, at any time and in our absolute discretion, vary these Terms by publishing the variation on the website. Please check back here regularly to ensure you are aware of our current Terms. Materials and information on this website are subject to change without notice. We do not undertake to keep the website up-to-date and we accept no liability if any content is inaccurate or out-of-date.

We do not guarantee that our website will be free from viruses, or that access to our website will be uninterrupted. We may, at any time and without notice to you, discontinue our website, in whole or in part. We may also exclude any person from using our website, at any time and in our absolute discretion. We are not liable for any loss, damage or expense that you suffer arising from or in connection with any such discontinuance or exclusion.

To use our website, you must create a password which you must keep secure. If you suspect that your account is being used without your authority, you must immediately report this to us.

These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

Prohibited Content

You must not use our website to facilitate or participate in any illegal activity or engage in any activity that we, in our absolute discretion, consider to be inappropriate or which might bring us or our website into disrepute, including:

  1. Anything that would constitute a breach of an individual’s privacy or any other legal rights;
  2. Interfering with any user using our website;
  3. Using our website to send unsolicited email messages; or
  4. Facilitating or assisting a third party to any of these things.

You must not attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of our website or any related websites. You must not attempt to bypass the network firewall and you must not use any part of the site which you are not authorised to use or devise ways to circumvent security in order to access part of the site which you are not authorised to access. This includes but is not limited to scanning networks with the intent to breach and/or evaluate security, whether or not the intrusion results in access. You must not knowingly transmit viruses or other disabling features or otherwise damage or interfere with our website.

We reserve the right to immediately and indefinitely restrict your access to our website in any way considered reasonably necessary if we suspect that you are engaging in any of the above behaviour.

You are prohibited from using our website, including its content, in any way that competes with our business.

User Content

By using our website and uploading content you hereby agree and consent to us using the submitted photograph(s), video(s), comment(s) and other accompanying materials (collectively, the “User Content”) for advertising, marketing, promotion and other commercial and business purposes in accordance with these Terms.

By uploading User Content to our website, you represent and warrant to us that:

  1. you own all rights in the User Content or otherwise have the right to submit the User Content to us;
  2. the User Content does not violate or infringe upon the rights of any third party (including, any rights of intellectual property, copyright, trademark, publicity or privacy);
  3. the User Content is true and correct and is not misleading, defamatory or obscene;
  4. the User Content can be published lawfully by us;
  5. any persons identified in the User Content have consented to the submission of the User Content on our website and further use of the User Content as contemplated in these Terms; and
  6. our use of the User Content in the manner contemplated above and the rights and licences granted hereunder do not, and will not, violate any right of, or conflict with or violate any right or commitment made to, any third party and no consent or authorization from any third party is required in connection with such use. You hereby agree to defend, indemnify and hold us harmless from and against any and losses, and all claims by third parties, resulting from your breach of any of these representations or warranties.

You waive, release and forever discharge us and any of our subsidiaries, affiliates, officers, directors, managers, members, shareholders, employees, representatives and agents from any and all rights, claims and liability relating to the use of the User Content in the manner contemplated above including, without limitation, any claims based on the invasion of privacy, commercial use of name or likeness and the right of publicity. We do not endorse or approve, and are not responsible for, any User Content. If any User Content incorporates any content that we, in our absolute discretion, consider is inappropriate for inclusion on our website, we reserve the right to remove any content without consultation. However, we will use reasonable endeavours to consult with you prior to removing content on any team, individual, community or other fundraising page. We also reserve the right to prohibit fundraisers who breach these Terms from using our website in the future.

Liability

Your use of our website is at your sole risk. The content and services are supplied to you on an “as is” and “as available” basis.

The content on our website is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. While we use reasonable endeavours to confirm the accuracy and completeness of the website content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.

To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent suffered by you or any third party, arising from or in connection with your or their participation in The Basketball Challenge, use of our website or its content, and/or any inaccessibility of, interruption to or outage of our website and/or any loss or corruption of data and/or the fact that the content is incorrect, incomplete or out of date. For the avoidance of any doubt, The Basketball Challenge will not be liable for indirect or consequential loss or damage, including loss of profits, loss of any business opportunity and damage to computer equipment.

To the maximum extent permitted by law, you must indemnify and hold us harmless against any loss, damage or expense suffered by us arising from or in connection with your participation in The Basketball Challenge, your use of our website, or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations in these Terms, and survives the termination of these Terms. It is not necessary for us to suffer or incur any loss or damage before enforcing a right of indemnity under these Terms.

Jurisdiction

Your use of our website and these Terms are governed by the laws of Queensland. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Queensland, and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Our website may be accessed throughout Australia and overseas. We make no representation that our website complies with the laws (including intellectual property laws) of any country outside Australia. If you access our website from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our website.

Intellectual Property Rights

Unless otherwise indicated, we own the intellectual property rights, including copyright, in our website and all of its content. Except as necessary for using this website on your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws, no material on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, altered, modified, performed in public, distributed or transmitted in any form by any process without our specific prior written consent.

You must not include any material on any fundraising page that infringes the intellectual property rights of others. For example, you may not include a trade mark or copyright material without the written consent of the owners.

You acknowledge and agree that we may use, copy and edit, for our business purposes, any material or User Content submitted by you in connection with any fundraising page and that you agree to receive marketing content from us.

Credit Card Details and Unauthorised Use of Credit Cards

Any donations made through our website using a credit card are final. If you become aware that your credit card has been lost, stolen or is being used fraudulently, it is your responsibility to report the issue immediately to your financial institution.

We do not store your credit card details. We use the services of Stripe and PayPal which store your credit card data. We provide no warranty as to its safety or security and do not accept responsibility for any loss, damage or expenses suffered by the use of these facilities.

Links

For the convenience of our users the The Basketball Challenge site contains links and other pointers to websites operated by third parties. We do not control these websites and we are not responsible for their availability or their content or services and we make no warranty in respect of those links in this regard. You should make your own investigations with respect to the suitability of those websites and their content.