Terms and Conditions
- Introduction
- Risk Notice
- Exclusion and Limitation of Liability
- Release of Indemnity
- Public venue and persons giving directions
- Event Behaviour
- Early Bird Rewards and Prize Draws
- Photographic Consent
- Website Terms of Use
- Intellectual Property
- Governing Law and Jurisdiction
Thank you for applying to enter Home Run (the Event). All references to the Event in these terms is a reference to all other activities associated with the Event, whether they are held before, during, or after the Event. By participating in the Event you are accepting these terms and conditions, the terms of your Authority to Fundraise, and the marketing opt-in and agree to comply with them.
Endeavour Foundation reserves the right, in its absolute discretion, to accept or refuse any applications for entry into the Event and disqualify entries if it considers such action to be appropriate. We may change these terms and conditions from time to time, without notification.
The Event is a recreational activity that may involve inherent risks of harm associated with physical exertion. Some of those risks are 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. Injuries may include injuries from falls such as broken bones, sprained muscles, injuries to ligaments, cartilage, or other soft tissue, as well as blisters, cuts, and abrasions. Injuries may also arise from exertion, including heart attack, fainting, and loss of consciousness. By proceeding with your application to enter the Event, you understand and accept that the risks of participation in the Event are increased if you choose to participate in costume, in novelty shoes, using props, or if your movement is restricted.
Participation in the Event in a public place where people are present also increases your risk of exposure to and contraction of communicable disease(s), including but not limited to COVID-19.
You acknowledge that the above is not an exhaustive list of all risks inherent in your participation in the Event and that there may be risks that are not known or reasonably foreseeable at this time.
You warrant that you are in proper physical and mental condition and have no known medical conditions or disabilities that may be incompatible with your safe participation in the event. You understand that Endeavour Foundation recommends that you consult a doctor before participating in the event, particularly if you have ever experienced medical conditions that may make it dangerous for you to participate in the Event.
Regardless of whether you have consulted a doctor, you agree that by participating in the Event, you are aware of the risks involved and you voluntarily assume those risks (including any arising from the negligence of Endeavour Foundation).
You understand that Endeavour Foundation has not obtained personal accident insurance or any other insurance covering your participation in the Event and it is your responsibility to obtain any and all insurance which is appropriate for that purpose.
You assume all risk to both you and your property during the Event.
Exclusion and Limitation of Liability
The Civil Liability Act 2002 (NSW) ("CLA") permits a term of a contract for the supply of recreation services to exclude liability of the supplier for damages for harm resulting from breach of an express or implied warranty that the services will be rendered with reasonable care and skill.
You understand and agree that, to the extent permitted by law, Endeavour Foundation and any event sponsor (and any of their directors, officers, employees, volunteers, agents, and representatives) exclude all liability for damages for any harm (including but not limited to personal injury or death, damage to property and economic loss and whether direct, indirect, special or consequential) from a failure to exercise reasonable care and skill, regardless of whether the claim is brought in tort (including in negligence), in contract, under statute or otherwise, where such liability results from breach of an express or implied warranty that the services will be rendered with reasonable care and skill.
You understand and agree that to the maximum extent permitted by law:
- 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 Endeavour Foundation or event sponsors (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 Endeavour Foundation nor any event sponsor (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 event; 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, Endeavour Foundation's liability to you and to any other person is limited (at its option) to re-supplying, repairing, or replacing the service or the payment of the cost of supplying the service to you again.
Section 139A of the Competition and Consumer Act 2010 (Cth) ("CCA") permits a term of a contract for the supply to a consumer of recreational services, to exclude liability of the supplier for the death and personal injury arising from the failure to comply with a guarantee provided in sections 60 to 62 of the Australian Consumer Law.
You understand and agree that, to the extent permitted by section 139A of the CCA, Endeavour Foundation and any Event sponsor (and any of their directors, officers, employees, volunteers, agents, and representatives) excludes all liability in connection with the supply of recreational services for:
- death;
- physical or mental injury;
- the aggravation, acceleration, or recurrence of a physical or mental injury;
- the contraction, aggravation, or acceleration of a disease; and
- 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 in relation to an individual, that is or may be harmful or disadvantageous to the individual or community, or that may result in harm or disadvantage to the individual or community, resulting from a failure of Endeavour Foundation or any event sponsor (or any of their directors, officers, employees, volunteers, agents, and representatives) to comply with a guarantee in sections 60-62 of the ACL.
This exclusion of liability does not apply where significant personal injury is caused by the reckless conduct of Endeavour Foundation or any Event sponsor.
You fully and irrevocably exclude and release Endeavour Foundation and all Event sponsors, 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:
- your involvement in the event, including in relation to death and personal injury
- in connection with or in respect of any breach of these terms; and
- in connection with the publication or distribution of any material or information, you supply to us.
If any claim, including in relation to personal injury, property damage or wrongful death arising from my participation in the event is commenced, you agree to indemnify and hold harmless Endeavour Foundation and all the Event sponsors, as well as their directors, officers, employees, volunteers, agents, and representatives, from any and all loss, damage, cost, or expense in connection with such claim.
Public venue and persons giving directions
Where you participate in the Event on premises or property made available for the general public and community events, you agree to be bound by the rules and regulations that may apply to that premises or property. You also agree to follow the directions of anyone authorised to give directions whilst you are on the said premises or property.
You agree to show respect for other participants in the Event, and that your conduct will at all times be considerate of others. You agree to abide by venue rules concerning activities, coarse language, privacy, and noise. You acknowledge and agree that the Event is a non-smoking event.
Early Bird Rewards and Prize Draws
- Entry to any and all Home Run related draws is open to all Australian citizens, residents and foreign persons (a foreign person being as defined within the Foreign Acquisition and Takeovers Act 1975 (Cth) (“the Act”) who are at least 18 years old except the following persons who are precluded from buying Lottery tickets: members of the Endeavour Foundation Board of Directors or the management committee and any member of their immediate family (defined as the person’s spouse and family members residing at the same premises as the person); persons directly engaged in conducting the draw of the lucky draw and any member of their immediate family executive staff and their immediate family; Charitable and Non - Profit Gaming Rule 2010 (Qld);
- Drawing of all eligible entries, unless stated otherwise, will take place by random number generator no later than 7 days after the close of prize draws.
- All draws, unless otherwise specified, will take place at Endeavour Foundation, 33 Corporate Avenue, Cannon Hill, Queensland.
- In the event that an individual wins a prize in one of our lucky draws, they are not eligible for additional prizes within the same time frame. This stipulation aims to ensure fairness and broaden opportunities for participation.
- All draws based on fundraising totals will only reflect funds raised by 31 May 2024 (midnight).
- To be eligible for special draw prizes, you must hit the required fundraising milestone and be part of the event until 31 May 2024. Please note that these prizes will be sent out after the end of the challenge.
Draw Process for Home Run Lucky Draws.
- Data from Funraisin (fundraising platform) based on draw requirements.
- Remove any ineligible entries as noted above.
- Validate the data by random spot checks to confirm validity.
- The selection process for winners will be conducted through a random number generator, ensuring a fair and unbiased outcome. Each entrant will be assigned a unique number, and the generator will be used to determine the winning number. This transparent method aims to maintain the integrity of our draws and provide equal opportunities to all eligible participants.
- Employee of Endeavour Foundation not participating in the event to conduct the draw.
- The winning number is to be validated within both spreadsheet and confirmed on Funraisin once the draw is complete.
- Photo of winning number to be taken and prize details to be saved in excel document.
- The winner(s) will be contacted by email at the completion of the draw.
You acknowledge that in the course of the Event, photographs, images, or film may be taken of you, either alone or in group shots with others. You agree to the use of your image in these photographs, images, or film in Endeavour Foundation publications, or on social media sites or websites in the future. You agree that Endeavour Foundation may use your name in conjunction with any photographs or images of you. You also agree that the photographs or film may be used by third party media organisations in connection with the publicity and reporting of the event publicly.
If you share, post, or upload photos or videos (“Images”) to the Event website or other websites or social media sites associated with the Event, or tag or link Endeavour Foundation in such content on social media, you consent to the following:
- Endeavour Foundation has permission to use, distribute, modify, display, and create derivative works from the Images in promotional collateral and on Endeavour Foundation websites, social media sites, publications, and on any other medium now or in the future in perpetuity. You waive any right to review or approve any uses of the Images.
- Where you, or any of the subjects appearing in the Images, are identified or identifiable in the Images, you give Endeavour Foundation permission to identify you and the other subjects by name.
- You agree the Images may be also be used by Endeavour Foundation Australia and other State and Territory Endeavour Foundations that are members of Endeavour Foundation Australia (Endeavour Foundation Affiliates).
- You are not entitled to any remuneration or compensation from Endeavour Foundation or the Endeavour Foundation Affiliates for the Images.
You confirm that:
- you are the creator and the copyright owner of any Images you share, post, or upload to the Event website or any other websites or social media sites associated with the Event , or tag Endeavour Foundation or the Event in on social media; and
- you have the permission or consent of all persons who are captured and identifiable in the Images you provide to Endeavour Foundation (including parental consent if the subject is under the age of 16).
You understand that any content and Images that you share, post, or upload on our website may be crawled and stored by web services such as search engines, social media platforms, or archiving tools. Endeavour Foundation is not responsible for removing information stored by third parties.
Your Privacy
Endeavour Foundation may gather and store information that you provide to us when using our website. Please read our Privacy Policy and our Privacy Collection Statement to find out how we handle the information you provide to us.
When you register for a Endeavour Foundation Fundraising event a unique fundraising page will be created for you. This may include your name in the URL such as homerun.org.au/fundraisers/johndoe21/. This website URL and any content you choose to upload will be publicly accessible to third party services, including search engines, and other tools used by Endeavour Foundation NSW. Personal contact details and financial details will not be publicly visible in such ways.
Credit Cards and Refunds
You agree not to use an unauthorised or invalid credit card to make payments on this website. If you make a donation to Endeavour Foundation, the transaction is final, and no refunds will be provided except where unauthorised use can be proven. If you become aware of a fraudulent use of your card, or if it becomes lost or stolen, you must notify your card issuer immediately.
Use of Content on this Website
The content on this website is provided for personal, non-commercial use only. It is not intended to be medical advice and should not be relied upon as a substitute for consultations with qualified health professionals who can determine your individual medical needs.
Endeavour Foundation strives to keep the content on this website up to date, but Endeavour Foundation cannot guarantee the accuracy, reliability, or currency of the content. Information on cancer, including diagnosis, treatment, and prevention is constantly being updated and revised by medical professionals and the research community. If errors are brought to Endeavour Foundation’s attention, they will be addressed as soon as possible. Endeavour Foundation reserves the right to change the content on this website at any time. Endeavour Foundation cannot guarantee continuous, secure, or uninterrupted access to this website, as many factors outside of our control may prevent this.
This website may contain links to external websites or applications, that are not controlled by us. Endeavour Foundation is not responsible for the contents of any external website or application, nor should a link be considered as an endorsement by Endeavour Foundation of the organisation or individual operating the external website or application. Endeavour Foundation does not accept any liability for any loss or damage occasioned by your use of external websites or applications.
Endeavour Foundation does not accept any liability for loss or damage arising from your use of or reliance upon the information contained on this website.
All intellectual property rights in this website and the content provided on it (including information, logos, trademarks, design, text, images, and statistics) are owned or licensed by Endeavour Foundation and may not be used without our consent.
Content or material on this website may also be owned by third parties. Queries about copyright, reproduction, and use of content relating to information published on external websites accessed via link from this website should be directed to that party or the publisher of the information.
You are not authorised to alter, copy, republish, reproduce, distribute, transmit, sell, or store, in any media or in any form, any of the content, without our prior written consent. Subject to these conditions of use, Endeavour Foundation grants a non-exclusive, non-transferrable, limited licence to use the content and material in this website:
- to educational institutions, for educational purposes; and
- to users of this website for personal and non-commercial purposes;
provided that:
- all copyright and trademark notices are not altered;
- an acknowledgment to Endeavour Foundation NSW is displayed on the content that is reproduced;
- no fees are charged for access to the content that you reproduce;
- the content remains unaltered; content is not reproduced on a webpage or with an online service or application, without Endeavour Foundation’s express consent.
Use of Endeavour Foundation Logos
Endeavour Foundation may allow third parties to use its logos in limited circumstances. You must obtain our written permission before using any of our logos. In order for us to consider any such request, you will be required to provide Endeavour Foundation with a copy of your intended promotional material before releasing it to the public.
Uploading Information
You agree that any information you enter on this website and any material you upload onto this website:
- is owned by you or you are otherwise authorised to enter or upload it;
- will not be defamatory or malicious in relation to any product, service, person, or entity;
- is not ‘passing off’ of any product or service and will not constitute unfair competition;
- will not infringe any third party intellectual property rights, including trademarks, service marks, business names (registered or unregistered), confidential information or copyright; and
- will not infringe any legislation or regulations of the Commonwealth of Australia and the State of New South Wales, including the Australian Competition and Consumer Law, the Fair Trading Act 1987 (NSW), any equivalent state and territory legislation, and any other parliament competent to legislation in relation to this website or any law in any country where the material or information is or will be available electronically to other users.
Your Conduct on this Website
You agree not to use this website for any offensive or otherwise inappropriate purposes, including:
- to upload, post, email, transmit or otherwise make material available that may be abusive, harassing, obscene, defamatory, or offensive;
- to harm minors;
- to impersonate any person or entity, including Endeavour Foundation workers or volunteers and their affiliates;
- to collect or store personal information about other users of this website that is of a personal or sensitive nature; or
- to upload, post, email, transmit of otherwise make available any unsolicited material or advertising (such as junk mail, surveys, pyramid schemes and chain letters).
Removal of Information or Material
Endeavour Foundation may remove any information or material (including links to external websites or applications) at any time, without notice, explanation, or justification. Endeavour Foundation reserves the right, in its sole discretion, to:
- monitor, retain or disclose any information on the website when necessary to satisfy any legal requirements;
- pre-screen, block or remove any content posted or uploaded by users of the website that Endeavour Foundation considers inappropriate, including material the Endeavour Foundation considers may violate its Privacy Policy or these terms of use; and
- suspend your access to this website and Endeavour Foundation services without notice if you fail to comply with these terms of use.
Governing Law and Jurisdiction
These terms of use and all other specific and additional terms that govern your use of and access to this website will be governed by and construed in accordance with the laws of the state of New South Wales, Australia, and you acknowledge that you submit to the non-exclusive jurisdiction of the courts of New South Wales and any court hearing appeals from those courts.
