Terms & Conditions
LAP it UP 2024 - TERMS AND CONDITIONS
LAP it UP (the “Event”) is an initiative of Youth Live4Life Ltd (“Youth Live4Life”), a registered health promotion charity, to raise funds to support Youth Live4Life’s award winning, evidence based, youth mental health and suicide prevention initiative, Live4Life.
The Event opens on 15 August 2024 and closes on 30 November 2024.
Laps can only be recorded from 7am (AEDT) on 1 October 2024 to 11.59pm (AEDT) on 28 October 2024. All participants' laps will be set to zero on the morning of 1 October 2024.
By registering for the Event, the participant, and the parent/guardian of a participant under 18 years, acknowledges and agrees to be bound by the following Terms and Conditions.
Thank you for helping to raise awareness and funds for youth mental health and suicide prevention in rural and regional communities.
The decision to participate in the Event is entirely your own and you take full responsibility for any consequence of your participation in the Event for yourself and/or your participants.
You acknowledge that participation in the Event may be physically demanding, and you are aware of the nature of the Event and associated medical and physical risks involved.
Entry to the Event is open to all residents of Australia.
You release and forever discharge, to the extent permitted by law, Youth Live4Life and its officers, volunteers, employees, representatives and agents, (each a "Released Party") from any and all causes of action, suits, proceedings, claims, demands and liabilities in any way directly or indirectly arising out of or in connection with your or the participant’s participation in the Event and associated fundraising activities (including those arising out of death, injury, loss of or damage to property or involving financial or consequential loss) (“Claims”), except for any Claims arising out of or by reason of any negligence, action or inaction or otherwise of any Released Party.
You acknowledge that Youth Live4Life reserves the right to amend the Terms and Conditions of the Event at any time.
Youth Live4Life respects and is committed to protecting the privacy of the personal information it collects.
By accepting these Terms and Conditions, you acknowledge and agree that Youth Live4Life will collect your personal information and any other information you may volunteer so that we can: administer and conduct the Event; and keep you informed about Youth Live4Life, its fundraising activities, and the important work you are supporting.
Youth Live4Life may also use your image, name and challenge result in any promotion relating to this Event, including in the Leaderboards and/or on the Event website.
More information about the management of personal information, including storage and use, access and correction, and removal is included in our Privacy Policy which can be sourced here https://www.live4life.org.au/about-us/our-values#policies
By registering to the Event, you acknowledge and agree that:
- your name and/or and mobile number will be provided to third parties to communicate Event information, activities, and promotions via SMS throughout the entirety of the Event; and
- your email address will be used to communicate Event information, activities, and promotions via electronic direct mail throughout the entirety of the Event, however you will be able to opt-out of any communication by using the opt-out link; and
- the participant’s name and address details will be asked for if the entrant has purchased Event merchandise and/or has agreed to receive the Event fundraising rewards. If you do not provide the correct name and address, Youth Live4Life may not be able to deliver the relevant fundraising awards or prizes won during the Event.
Any Content you post to the website is your responsibility, and you acknowledge that you have the necessary rights and consents to post that Content (including the consent of others who feature in the content). You acknowledge that Youth Live4Life, without limiting any other remedy it may have, retains the right to delete any Content posted that breaches these Terms and Conditions.
Youth Live4Life makes no claim to ownership of the intellectual property in the Content posted by participants, but if you post any Content, you:
- grant us a non-exclusive, fee free, perpetual, irrevocable licence to reproduce, modify, delete, adapt and publish any Content you post or upload and to sub-licence the same for such purposes in connection with the Event from time to time;
- grant us the right to use your name and other information that you provide in connection with that Content (subject to our Privacy Policy); and
- warrant that you have all necessary rights and consents in the Content that you contribute and that the Content does not in any way breach these Terms and Conditions.
You must reach specified fundraising milestones to be eligible to receive these fundraising rewards:
- Raise $150 to receive a LAP it UP prize pack containing a LAP it UP sweat towel and LAP it UP drink bottle. Please note this is limited to the first 200 people that reach this milestone and provide a valid postal address.
- Raise $500 to receive a LAP it UP medal. Please note this is limited to the first 200 people that reach this milestone and provide a valid postal address.
- Raise $1000 individually or as a team and swim 1000 laps individually or as a team to receive a 1000 Lap hero swim cap. For teams participating, each member of the team will receive the prize. Please note this is limited to the first 200 people that reach this milestone and provide a valid postal address
- If you participated in the Event in 2023, register and donate to yourself or receive a donation by 10 September 2024, to receive a LAP it UP t-shirt. Please note that this is limited to people who participated in the 2023 Event and have provided a valid postal address.
- Raise the highest amount individually by 28 October 2024 to receive a $200 voucher from the brand Funky Trunks. Please note the $200 voucher is only awarded to the individual that raises the highest amount during the Event and is subject to you providing a valid postal address.
- Raise the highest amount as a team by 28 October 2024 for each team member to receive a LAP it UP t-shirt. Please note that this is only offered if the team's fundraising total has reached $2,000 or more and each participant has provided a valid postal address.
You must be registered as a participant in LAP it UP to be eligible for any rewards and/or prizes and provide accurate contact information. Entry is open to residents of Australia, however employees of Youth Live4Life are not eligible to enter. Prizes are non-transferrable and not redeemable for cash.
LAP it UP may, from time to time, provide promotional offers or benefits (“Promotions”) in relation to the LAP it UP event in our sole and absolute discretion.
We reserve the right to offer, withdraw, change, cancel or determine your eligibility for any Promotion in our sole and absolute discretion. The Promotions do not apply retrospectively.
Promotions may be an offer of a free product for select entrants. Some Promotions may also be offered for a limited period of time, which may be specified on the Youth Live4Life or LAP it UP website, on Social Media, or in a direct message to you about the Event if you have agreed to receive direct marketing messages from Youth Live4Life.
Promotions may be subject to additional terms and conditions published on the Sites which prevail to the extent of any inconsistency with these Terms.
You acknowledge that by registering for the Event, you pledge to raise funds for Youth Live4Life and will ensure that all funds you raise are donated online at www.lapitup.org.au.
For cash donations raised at any in person fundraising events, please contact lapitup@live4life.org.au for deposit details. All donations must be made no later than 28 October 2024.
You must comply with all fundraising laws relating to charitable fundraising and acknowledge that you will be required to obtain a Victorian fundraising licence if you raise over $20,000.
You must, in raising funds for Youth Live4Life, conduct yourselves with decency, dignity, good taste and in a manner which reflects the values and objectives of Youth Live4Life.
You may use the Youth Live4Life name and logo in connection with your fundraising activities for the Event but must not alter the logo in any way or take any other steps that would in any way undermine Youth Live4Life’s intellectual property rights.
In participating in the Event and raising funds for Youth Live4Life, you are not authorised to act as agent for Youth Live4Life and have no power to bind Youth Live4Life in any way whatsoever or to take any action or do any act or thing in the name of Youth Live4Life.
Youth Live4Life is endorsed to receive tax deductible gifts. If you or a donor wish to make a tax deductible contribution to Youth Live4Life please contact Youth Live4Life via email lapitup@live4life.org.au.
Youth Live4Life can refund a donation made in error. If you wish to request a refund, please contact Youth Live4Life via email lapitup@live4life.org.au
To the extent that the Australian Consumer Law applies to these Terms and Conditions, by agreeing to these Terms and Conditions you agree that any liability of Youth Live4Life, in connection with a failure to comply with the provisions of Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law, for any:
- death;
- physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
- the contraction, aggravation or acceleration of a disease; or
- the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:
- that is or may be harmful or disadvantageous to you or the community; or
- that may result in harm or disadvantage to you or the community;
that may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) resulting from the supply by Youth Live4Life of recreational services (as defined in the Competition and Consumer Act 2010 (Cth)) to you is hereby excluded.
This clause does not apply to any significant personal injury suffered by a person that is caused by the reckless conduct (as defined in the Competition and Consumer Act 2010 (Cth)) of the supplier of the recreational services.
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Australian Consumer Law and Fair Trading Act 2012 (Victoria)
To the extent that the Australian Consumer Law and Fair Trading Act 2012 (Victoria) applies to these Terms and Conditions, the following warning is provided:
WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012
Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that to the extent that the supplier named on this form is required to ensure that the recreational services it supplies to you -
- are rendered with due care and skill; and
- are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
- might reasonably be expected to achieve any result you have made known to the supplier.
Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.
NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier’s part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.
These Terms are governed by, and must be construed according to, the law in force in the State of Victoria, Australia. The Courts in that State will have the exclusive jurisdiction to determine disputes in relation to these Terms.
We reserve the right at our reasonable discretion to revise these Terms and Conditions. You should visit the website periodically to review these Terms. However, we will notify you by email to the email address linked to your account when amendments are displayed on the website. Amendments will be effective immediately upon notification on the website. If you do not agree to the revised terms, you may cancel your registration for the Event through your account.
