Terms & Conditions

Acceptance of Terms and Conditions

Instructions and information on how to enter the competition form part of these terms and conditions, and entry into the competition is deemed acceptance of these terms and conditions by the person whose name is either completed on the ticket or the person identified as a Gift Recipient and the player in the competition.

Where a ticket in the competition is purchased as a gift for and/or on behalf of another person (Gift Recipient), the purchaser of the ticket is deemed to be acting as an agent for the other person and that person is deemed to have accepted these terms and conditions.

These terms and conditions apply to all entries into and/or prizes in the competition.

The Operator

The competition is conducted by Care 4 Animals PTY LTD ACN 659469922 ABN 12659469922 and registered with The Australian Charities and Not-for-profits Commission. 101 Rowntree St, Birchgrove, NSW, 2041, Australia. 

Eligibility

Entry is open to residents of Australia who are 18 years of age or older.

The following people are not eligible to purchase a ticket and/or win any prizes resulting from this competition:

  1. members of the management committee of the charity conducting the competition and members of their immediate families and/or Relatives; or
  2. anyone directly engaged in conducting the draw for the competition and members of their Immediate families and/or Relatives; or
  3. the charity itself conducting the competition; or
  4. employees of the charity and their Immediate families and/or Relatives

How to enter

Tickets

To enter, players must, during the Competition Period:

  1. Purchase or be gifted one or more tickets in the competition via the care4animals.org website; and. Tickets cannot be issued unless payment has been confirmed.

Tickets start from $10. 

Each valid entry will be included in the draw.

The draw will take place within 7 business days of the minimum ticket sold threshold for that specific competition. 

Prizes

This is a game of chance and skill plays no part in determining the winners.

The prizes for the competition are outlined on the site.

If a prize is not available for any reason, the charity will reach agreement with the relevant winner about a substitute prize that is similar to the unavailable prize and of the same or greater value, subject to regulatory approval.

The right to a prize is not transferable or assignable to another person, or redeemable for cash.

Photographs or images are for illustration purposes only and may not depict exact prize detail.

All other costs associated with the prizes which are not expressly stated to be included, including insurance, duties, and taxes, are the responsibility of the winners.

Winners will have 1 month from the time of the draw to claim their prize. The Charity will only transfer the prizes to the person named on the winning ticket (or, where the ticket has been purchased on behalf of a Gift Recipient, to the person named on the ticket as the person it has been “Gifted To”). Transfer of any prize to a winner (including a Gift Recipient) is subject to the production and verification of valid identification and proof that the person is over 18 years of age.

If a purchaser purchases a ticket on behalf of a Gift Recipient which wins a prize in the competition, the Purchaser irrevocably assigns the right to any prize to the Gift Recipient. For the avoidance of doubt, the parties acknowledge that the Charity shall be liable for payment of any prizes to the Gift Recipient in the manner contemplated by the terms and conditions for the competition and that any liability for payment of prizes is immediately extinguished when this obligation has been fulfilled by the Charity. 

Conduct of the draw

The winning entries will be drawn randomly by computer at The Charity offices.

Prize winners

The first valid entry drawn for each prize will win the prize. The Charity’s decision as to the result of the draw is final and no correspondence will be entered into.

By accepting a prize, the winner agrees to participate in and co-operate as required with all reasonable marketing activities relating to the prize.

Notification to prize winners

Within 7 days after the draw, the Charity will attempt to notify the prize winners by email. 

Delivery of prizes

The prizes will be delivered to the prize winners. 

The Charity will not be liable for non-receipt of a prize for any reason.

Unclaimed prizes

Any prize that remains unclaimed will be dealt with in accordance with any applicable regulation and any directions given by a responsible authority under any relevant regulation.

Validity of entries

The Charity reserves the right, at any time, and in its sole discretion to:

  1. request players to provide proof identity and/or proof of valid entry;
  2. verify the validity of an entry; or
  3. disqualify any player who the Charity has reason to believe has breached any of these terms and conditions or engaged in any unlawful or other improper conduct or any conduct calculated to jeopardise the fair and proper conduct of the competition.

Computer system issues

No responsibility is accepted for late, lost or misdirected entries. The Charity is not responsible for any problems or technical malfunction of any computer system, software or Internet difficulties, including any damage to a player’s computer, resulting from participation in the competition. Any cost associated with accessing or submitting an entry is the player’s responsibility.

Liability

The Charity makes no representations or warranties as to the quality, suitability or merchantability of any goods or services offered as part of the competition. The Charity will not be liable for any loss or damage or personal injury suffered or sustained in relation to the competition or a prize except for any liability which cannot be excluded by law. 

Force majeure

If the Charity is prevented from or delayed in performing an obligation by Force Majeure then the obligation is suspended during, but for no longer than, the period the Force Majeure continues and any further period that is reasonable in the circumstances. “Force Majeure” means an event beyond the reasonable control of the Charity, which occurs without the fault or negligence of the Charity.

Delay or modification to conduct of the competition

If for any reason this competition is not capable of running as planned, including but not limited to tampering, unauthorised intervention, fraud, any technical difficulties or equipment malfunction or any causes beyond the control of the Charity, which corrupt or affect the administration, security, fairness or integrity or proper conduct of this competition, the Charity reserves the right in its sole discretion to take any action that may be available, and to cancel, terminate, modify or suspend the competition, subject to state regulation.

Charities and not for profit organisations

Once the competition has finished, the Charity will pay our Charity beneficiary organisations a minimum of 50% of the price of the ticket/s. 

The beneficiaries of the Raffle will be:

  1. charities registered with the Australian Charities and Not-for-profits Commission for the charitable purposes of those registered charities; and

The Charity makes no representations or warranties in relation to the use by the registered charities of the funds in connection with through the competition.

No affiliation

Any product or brand names, logos, images and other trademarks featured or referred to within these terms or conditions or on the Charity’s website are the property of their respective trademark owners. Unless otherwise indicated, these trademark owners are not affiliated with the Charity and do not sponsor, approve or endorse the Charity.

Changes to terms and conditions

If the Charity reasonably considers that a change to these terms and conditions is likely to:

  1. benefit players; or
  2. be of no or immaterial detriment to players,

then subject to obtaining approval from the regulator (if applicable), the Charity can make the change and may place a notification on the Charity’s Care 4 Animals website.

Privacy collection statement

The Charity respects each individual it deals with and this extends to respecting and protecting personal information. To the extent that the Privacy Act 1988 (Cth) (Privacy Act), and the Australian Privacy Principles (APPs) governs the way in which the Charity must manage personal information, the purpose of this statement is to advise you that by entering the competition, you consent to the Charity collecting, using and disclosing, in accordance with the Charity’s privacy policy, various personal information about you, including your name, address, phone number, and email address.

The personal information of a purchaser and/or a Gift Recipient will be collected by way of the competition entry form.

This collection is for the purposes of conducting the competition, locating, verifying, and publishing prize winners, facilitating the Charity’s internal business operations, including internal record keeping and the fulfilment of any legal requirements under charitable gaming laws, analysing the Charity’s goods and services and customer needs with a view to developing new or improved goods and services, providing you with information about the Charity and the goods and services that the Charity, or its related entities or organisations that the Charity has affiliations with, offer that may be of interest to you, and any purpose directly related to any of the above.

If you do not provide the personal information requested, or if the personal information you provide to us is incomplete or inaccurate, the Charity may not be able to process your entry into the competition or to contact/locate you for delivery of the prize, and the Charity may be unable to provide you with the information you are seeking.

In order to provide goods and services to you, the Charity may from time to time disclose your personal information to its employees, contractors, and related and affiliated entities for the purpose of providing its services, operating the Charity’s business, and fulfilling your requests, service providers who assist the Charity in operating its business (including cloud data storage suppliers, IT suppliers, mail distribution service suppliers, marketing service providers, market research companies, or professional advisors such as lawyers, accountants, and auditors), and any other entity as required or authorised by law (including law enforcement bodies, relevant authorities, and charitable sector or gaming regulators).

The Charity is not likely to disclose your personal information to overseas recipients, except as permitted by the Privacy Act, unless the Charity tells you otherwise at the time or, if that is not practicable, as soon as practicable after the personal information is collected.

More detailed information about the way the Charity uses, discloses and secures your personal information, how you can access and correct that information, and how you can make a complaint about a breach of the APPs can be found in our privacy policy, available by contacting the Charity at:

Postal address: 101 Rowntree St, Birchgrove, Sydney, NSW, 2041. 

Email address: woof@care4animals.org

Website: www.care4animals.org

Time

All references to time in these terms and conditions are a reference to Australian Eastern Standard Time (“AEST”).

Disputes and survival

The laws of NSW apply to the competition and these terms and conditions. Players irrevocably submit to the non-exclusive jurisdiction of the NSW courts in connection with the competition.

Definitions

“Gift Recipient” means a person who is at least 18 years of age and named as the player in a competition where another person has purchased the ticket for them as their agent.

“Immediate Family” means a person’s spouse and any close family members residing at the same address as a person who is ineligible to purchase a ticket or win a prize in the competition pursuant to clause 5.2 of these terms and conditions (as defined in Schedule 6 of the Charitable and Non-Profit Gaming Rule 2010 Qld).

“Player” means the person whose name is either completed on the ticket or the person identified as a Gift Recipient and the player in the competition.

“Relatives” means a close family member connected by blood, marriage or adoption including de facto partners, but not extending beyond the Immediate family (as required under a minor gaming permit in Tasmania)

Care 4 Animals Terms of Use

  1. Introduction

These terms and conditions are specific to your use of Care 4 Animals Charity’s websites (the “Websites”).

  1. Our websites
  1. The accessibility and operation of Care 4 Animals Charity’s websites (the “Websites”) rely on internet technologies outside of our control. We do not guarantee continuous accessibility, uninterrupted operation or any particular standard of performance of the Websites.
  2. By accessing and using the Websites you signify your acceptance of terms, conditions, notices and disclaimers displayed on or accessible from the Websites. Additional terms, conditions, notices and disclaimers may apply to any person registering with us for the provision of services or entering into any transactions via links from the Websites.
  3. We may from time-to-time close or limit access to the Websites for various reasons including, for example, scheduled downtime.
  4. While considerable care has been taken in compiling and updating the content and information on the Websites we do not guarantee the accuracy of such content and information and as such it is used at your own risk.
  5. From time to time, the Websites may contain links to other internet sites not operated by us. We do not control those sites and as such:
    • are not responsible for their content; and
    • these links do not indicate endorsement by us or support of any goods, services or content on those sites.
  6. We cannot and do not guarantee that files available for downloading from the Websites will be free of viruses, or other codes that may corrupt or infect your computer. You are solely responsible for implementing virus checking and other procedures to prevent any such corruption or infection.
  7. We may at any time and without notice amend the help pages and other procedures and explanatory information displayed on or accessible from our Websites. We will provide you with notification on the Websites where we reasonably believe that any variation to these terms of use will cause material detriment to you.
  1. Play nice
  1. You must ensure that any content you upload onto the site (including photographs) is not misleading, obscene, untrue, offensive, defamatory or racist and does not breach any law or regulation or any intellectual property rights of a third party or any right or duty owed to a third party. If any of the content you upload is copyright protected, you must obtain the copyright owner’s permission in order to use it.
  2. You must not use the site to promote your business or product or for any purpose other than supporting participating charities.
  3. Play for Purpose reserves the right to amend or remove any content from any page without notice at its sole discretion.
  1. Cancellations and refunds

We do not offer cancellations and refunds.

  1. Liability
  1. Nothing in these terms of use affects your rights under the Australian Consumer Law.
  2. Except to the extent that guarantees under the Australian Consumer Law cannot be excluded, we will not be liable to you for any Loss, Claim or Liability arising from or deemed or alleged to have arisen from or caused by the Websites or their content, including without limitation your or any other person’s use or misuse of any content on our Websites, your use or your inability to use our Websites, delays in operation or transmission, communication line failures, or any errors or omissions in content save to the extent that such Loss, Claim or Liability arises directly from our negligence or wilful misconduct or that of any of our officers, employees or agents.
  3. To the extent permitted by law, you agree to indemnify us, our officers, employees and agents from and against any Claims, Loss and Liabilities:
    • arising directly or indirectly out of your use of the Websites and any content on the Websites; or
    • from any violation by you of these terms of use (including negligent or wrongful conduct by you or any other person accessing the Websites), except for any Loss, Claim or Liability which results directly from our negligence or wilful misconduct or that of our officers, employees or agents.
  4. Failure of the Charity to enforce any of its rights at any stage does not constitute a waiver of those rights.
  1. Data and privacy
  1. We may collect “click stream” information (such as areas of our websites you have accessed and the time and date of access) and Doubleclick Adserving information (such as whether a marketing campaign has been effective) from your use of the Websites.
  2. We may also store “cookie” information, such as user preferences relating to the use of the Websites. A cookie is a small data file that may be placed on the computer of a web user (usually in the browser software folder). The information collected is used to customise and improve the Websites. If you do not want us to store cookie information on your computer, you can set your browser to disable this feature. This may mean you will not be able to take full advantage of Care 4 Animals Charity services offered on the Websites.
  3. Your personal information will be dealt with in accordance with 5 Care 4 Animals Charity’s Privacy Policy which is available here: https://care4animals.org/privacy-policy/
  4. You will usually be entitled to gain access to information which we hold about you, except in certain circumstances specified by legislation. We may charge a fee for our reasonable costs in providing you with access to your personal information.
  1. Intellectual property
  1. Intellectual property does or may subsist in or relate to the content in the Websites, including, but not limited to, copyright, patents and trademarks, whether protectable by statute, at common law or in equity, and whether registered, registrable, or not. We own or are licensed to use that intellectual property in all of the content in the Websites and by accessing and using the Websites, you acknowledge such ownership and/or licence.
  2. No data, file, graphics, images, results or other content in the Websites, including content downloaded from the Websites and material you may receive in connection with the Websites, may be reproduced or distributed without our prior written consent and you agree that you will not in any manner reproduce, modify, adapt, develop, distribute, interfere with, create derivative works from or decompile any such content.
  1. Definitions

In these terms of use:

“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

“Claim” means any claim, action, proceeding, litigation, obligation, investigation or demand made against the person concerned however it arises and whether it is present or future, fixed or unascertained, actual or contingent of whatever description.

“Liability” means any debt or other monetary liability or obligation however it arises and whether it is present or future, fixed or unascertained, actual or contingent of whatever description.

“Loss” includes any direct, indirect or consequential loss, loss of chance, damage, Liability, cost or expense however it arises and whether it is present or future, fixed or unascertained, actual or contingent of whatever description.

References to “Care 4 Animals Charity”, “us”, “our” and “we” are references to Care 4 Animals PTY LTD. ABN 12659469922.