Terms and Conditions - UNCLE TOBYS^® Big Splash Swimathon (Thursday 20 August 2009)

Terms and conditions for the UNCLE TOBYS^® Big Splash Swimathon conducted by the Royal Life Saving Society – Australia (RLSSA). 

Royal Life Saving Society - Australia
Suite 6, Level 4, 173-179 Broadway (Cnr Mountain St), Broadway NSW 2007
PO Box 558, Broadway NSW 2007
Telephone: (02) 8217 3111
Fax:  (02) 8217 3199
Email:  bigsplashswimathon@rlssa.org.au
ABN: 71 008 594 616 
Authority Number CFN: 15980
Website: www.bigsplashswimathon.com.au 

The Royal Life Saving Society – Australia is the leading water safety, swimming and lifesaving education organisation in Australia. RLSSA is a nationwide charitable organisation, which has been serving Australia for over 115 years. RLSSA is a Public Benevolent Institution (PBI) and a Deductible Gift Recipient (DGR). Our fundraising activities are conducted in accordance with the Charitable Fundraising Act 1991 (Authority Number CFN15980).

The Royal Life Saving Society – Australia is active across Australia, with branches in every State and Territory.

The UNCLE TOBYS^® Big Splash Swimathon will commence on Tuesday 6 October 2009 and concludes on Wednesday 31 March 2010. Registrations for the Swimathon will commence on Monday 24 August 2009 and continue until close. 

For all groups and participants undertaking the UNCLE TOBYS^® Big Splash Swimathon, we want you to have a healthy, active, fun experience in the water in a safe, friendly, informative and welcoming environment, whilst raising funds to help reduce child drowning, along with locally nominated charitable activities. 

Please read and consider these terms and conditions carefully.  You will need to agree to all these terms and conditions to be eligible to participate in the UNCLE TOBYS^® Big Splash Swimathon. 

The Royal Life Saving Society - Australia reserves the right to change these terms of use at any time. The revision date will be marked in the title. You will be bound by any such revisions and should therefore revisit the Terms and Conditions from time to time to review the terms of use. 

In these terms and conditions, the "Royal Life Saving Society – Australia" includes the Royal Life Saving Society - Australia itself, as well as its directors, officers, employees, agents and representatives. 

Event Registration - Group and Participant Registration
1.    You promise that upon your group and/or participant registration:

(a)    you are who you say you are and your details are accurate (that is, you are not impersonating anyone else or using a false name or address);

(b)    you are either;

   (i)    at least 18 years of age; or

   (ii)    if you are under 18 years of age, you have permission from your parent or guardian to participate in the UNCLE TOBYS^® Big Splash Swimathon. Your parent or guardian will need to have read and understood these terms and conditions, acknowledging your participation and giving their approval.

2.    You understand that the Royal Life Saving Society - Australia will under no circumstances be responsible for any mistakes or inaccuracies in the information which you provide (or which your parent or guardian provides).

3.    The Royal Life Saving Society - Australia will treat all personal information which you provide (or which your parent or guardian provides) in accordance with its Privacy Policy, published on this website. 
4.    You (and, if you are under 18 years of age, your parent or guardian) acknowledge that by agreeing to these terms and conditions, you are immediately entering into a binding and enforceable contract with the Royal Life Saving Society – Australia. 

5.    Subject to clause 3, you consent to the Royal Life Saving Society - Australia displaying your UNCLE TOBYS^® Big Splash Swimathon event details, fundraising targets and results, which will be organised by Group Name, First Name, Surname and Suburb: 

(a)    on the UNCLE TOBYS^® Big Splash Swimathon website;
(b)    in the Royal Life Saving Society – Australia & UNCLE TOBYS^® Big Splash Swimathon newsletters; or
(c)    in any other public forum,

including, without limitation, in connection with marketing, advertising or promotional activities undertaken by the Royal Life Saving Society – Australia and the UNCLE TOBYS^® Big Splash Swimathon.

6.    The safety of participants undertaking the UNCLE TOBYS^® Big Splash Swimathon is paramount. The Swimathon Group Administrator will need to ensure the Swimathon is conducted in a safe manner and will need to undertake a Risk Assessment with the aquatic facility, taking into consideration the participants swimming competency levels and the nominated Big Splash activity. The Royal Life Saving Society – Australia has developed the Risk Management and Safety advisory requirements for your use in ensuring the conduct of a safe and fun event. As an overriding position RLSSA requires that all participating aquatic facilities comply with the current Guidelines for Safe Pool Operation (GSPO). These Guidelines are available from your local RLSSA Branch or online at ://guidelines.royallifesaving.com.au. For the UNCLE TOBYS^® Big Splash Swimathon it is required that the following event-specific criteria are also adhered to:

(a) Supervision
Aim: To ensure that the UNCLE TOBYS^® Big Splash Swimathon event is conducted under the supervision of appropriately trained staff at all times.

The minimum ratio of lifeguards to swimmers of 1 to 100 is the current guideline for recreational swimming.  This may need to be increased due to factors such as swimmer ability, line of sight for supervision and other activities that may be occurring in the facility at the time of the swimathon.  GSPO Guideline SU1 Bather Supervision as attached for further details of supervision requirements.

A person’s swimming ability may impact on supervision requirements meaning that in cases where a large number of inexperienced swimmers are in the water additional lifeguards will be required.

• The provision of supervision should be discussed and agreed upon with the facility where the UNCLE TOBYS^® Big Splash Swimathon event is conducted.
• Supervisers are to be mobile and able to supervise the entire event area.
• To ensure constant supervision, supervisors are to have the sole and specific task of providing supervision.
• Specific marshalling areas are to be allocated and clearly identified for each activity.
• Swimmers should be broadly grouped according to ability and water space/activity areas allocated to these groups.
• Adequate First Aid and Emergency facilities are to be available for the event.

Note: additional supervision requirements may be made mandatory by State and Territory Departments of Education. Please refer to your State or Territory Department of Education for full supervision details and requirements. 

(b) Specific Water Space Used For The Event

Designated Lanes/Areas are to be allocated and clearly identified for the activities within the UNCLE TOBYS^® Big Splash Swimathon.

The event area must be separate from other swimming groups or other activities and should not be available for casual swimmers or other members of the public.

(c) Specified Time To Conduct The Event
It is recommended that a specific time be advertised to conduct the UNCLE TOBYS^® Big Splash Swimathon. This will allow effective planning for supervision, administration and promotion of the event. 

Consideration should be given to the time allocated to the event as it may impact on the standard operations of the aquatic facility.

(d) Insurance – Certificate Of Currency
In agreeing to the terms and conditions for the event your Group will need to be covered by Public Liability Insurance which would cover this aquatic activity.  The Group Administrator should liaise with the host Aquatic Facility to ensure they have Public Liability Insurance. A copy of the Certificate of Currency for this policy should be available if requested by the Royal Life Saving Society – Australia.
 
7.    You agree that you will not undertake or attempt to undertake any dangerous, unlawful or otherwise inappropriate activity in participating in the UNCLE TOBYS^® Big Splash Swimathon. You also agree that the Royal Life Saving Society - Australia may, in its sole and absolute discretion, reject your application (or terminate your participation in the Swimathon) at any time if it becomes aware that you are doing so or that you have committed any other breach of these terms and conditions.

8.    Without limiting clause 7 above, you agree that in participating in the UNCLE TOBYS^® Big Splash Swimathon, you will not undertake any activity which involves:
(a)    obvious risk to your safety, the safety of others or the safety of any property;
(b)    acting contrary to any medical or other professional advice which you have been given;
(c)    risk of causing damage to your property or anyone else's property or reputation, including that of an individual or organisation; or
(d)    risk of causing offence to any other person (including, without limitation, by the use of profane, obscene, racist or insulting language).

9.   You understand that injury can occur while a person is engaging in or watching an activity.  The injury may result from your actions, the actions of others or equipment failure.  In some cases, the injury may be life threatening or result in permanent disability. 

10.  You understand that by agreeing to the terms and conditions, you acknowledge that you have been warned of the risks associated with participating in the UNCLE TOBYS^® Big Splash Swimathon and undertaking activities in connection with the Swimathon.

11.   You understand that the Royal Life Saving Society – Australia who is conducting the UNCLE TOBYS^® Big Splash Swimathon cannot and does not provide insurance for your participation in the Swimathon or any activity undertaken in connection with that participation.

12.   You agree that the Royal Life Saving Society - Australia will not be liable for any and all loss, injury, death, harm, actions, suits, claims, demands, causes of action, costs and expenses (legal, equitable, under statute or otherwise) of any nature, which is or are caused by your participation in the UNCLE TOBYS^® Big Splash Swimathon and/or your involvement in any activity in connection with that participation, including, without limitation:
(a)    any and all causes of action against the Royal Life Saving Society - Australia for breach of contract and any and all loss or damage caused by such breach;
(b)    any and all causes of action against the Royal Life Saving Society - Australia in negligence and any and all loss or damage caused by such negligence; and 
(c)    any and all claims for direct, indirect, general, special, consequential, aggravated or punitive damages.

13.  The Royal Life Saving Society - Australia does not authorise you to act as an agent or representative for or on behalf of the Royal Life Saving Society - Australia or its member bodies, so you must not state or infer that you are an agent or representative of the Royal Life Saving Society - Australia or its member bodies in any capacity.

14.   The Royal Life Saving Society – Australia will provide participants with planning materials/resources on the UNCLE TOBYS^® Big Splash Swimathon Website with the Swimathon Group Administrator the key point of contact for the final payment/reconciliation for the funds raised for the Local Cause.

15. The Royal Life Saving Society - Australia will provide a silicone wrist band to each participant who registers online for their participation in the UNCLE TOBYS^® Big Splash Swimathon. Wrist bands will be forwarded to the Group Administrator seven to ten days prior to the event date.

Event Registration - Group and Participant Fundraising Page/s and Website
16.  Your personal Big Splash fundraising page is to be shared with family and friends and your personal network via email templates, with the sole purpose of increasing awareness of the UNCLE TOBYS^® Big Splash Swimathon and gaining sponsorship for your involvement.  

It is your responsibility where emails bearing your personal details are sent. Because of subsequent forwarding by people to assist you with your fundraising, from this initial point there is no control over who is receiving the email containing the link to your personal fundraising page. For this reason the information that can be seen by clicking on the link is limited. 

17. You must ensure that any content uploaded to your dedicated UNCLE TOBYS^® Big Splash Swimathon fundraising page/s (including photographs) is appropriate, not defamatory, offensive, obscene 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. This means that if any of the content you upload is copyright protected, you must obtain the copyright owner’s written permission in order to use it.

18.  You must not use your dedicated UNCLE TOBYS^® Big Splash Swimathon fundraising page to misrepresent your identity or affiliation with any person or organisation or to send junk or spam email.

19. You understand and agree that the Royal Life Saving Society - Australia will in no circumstances be responsible for any damage caused by automated emails resulting from your on-line application for the UNCLE TOBYS^® Big Splash Swimathon.

20. Upon registration you will be invited to create a username and password to establish and protect your personal fundraising page. It is your responsibility to keep this password safe and ensure that it is not disclosed to any third party. If you become aware that unauthorised use of your password has, or may take place, you are advised to change your password immediately by following the on-site instructions;

21. It has been clearly indicated on the UNCLE TOBYS^® Big Splash Swimathon website where you may download materials. You may only download and use these materials as indicated to raise awareness, organise and plan for your UNCLE TOBYS^® Big Splash Swimathon Event.

22. You must not use the UNCLE TOBYS^® Big Splash Swimathon website in any way that causes, or is likely to cause, the site or access to it to be interrupted, damaged or impaired in any way.

23. You must not to attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the UNCLE TOBYS^® Big Splash Swimathon website.

24. You must not to use any part of the UNCLE TOBYS^® Big Splash Swimathon website 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.

25. The Royal Life Saving Society – Australia reserves the right in the event that you have breached the terms and conditions or there has been inappropriate conduct using the website and fundraising, to do any or all of the following actions (without prior notice to you); warn you via email and require you to discontinue such conduct; delete any material which you have posted to this site or which features in your personal area; discontinue your registration with this site or any related service provided to you; and/or take other measures, including terminating, suspending or restricting your use of this site. Any action that we take is without prejudice to any of our accrued rights.

Website Management -  Royal Life Saving Society – Australia 

26. The content of the UNCLE TOBYS^® Big Splash Swimathon website is for your general information and for your private, personal and non-commerical use only. This website contains material which is owned by or licensed to us, and is protected by intellectual property law. This material includes, but is not limited to, the design, layout, look, appearance and graphics of the site. Permission must be sought from the Royal Life Saving Society – Australia to use the materials beyond this purpose. Unauthorised use of the site may give to a claim for damages and/or be a criminal offence.

27. Royal Life Saving Society – Australia will make every effort to ensure that the UNCLE TOBYS^® Big Splash Swimathon website and services are available and accessible but cannot guarantee that our website will operate continuously or without interruptions or be error-free and can accept no liability for its unavailability or malfunction.

28. Royal Life Saving Society – Australia reserves the right to alter, discontinue or suspend all or part of the UNCLE TOBYS^® Big Splash Swimathon website or its services, including your access to it.

29. Royal Life Saving Society – Australia has made every effort to ensure that information is free from error. RLSSA does not guarantee that the UNCLE TOBYS^® Big Splash Swimathon website or any Third Party site will be free from viruses.

30. Royal Life Saving Society – Australia makes no representations whatsoever about any other websites that you may access through the UNCLE TOBYS^® Big Splash Swimathon website. When you access any other website you understand that this is independent from the Royal Life Saving Society - Australia and that we have no control over the content or availability of that website. In linking to any other website, the Royal Life Saving Society – Australia does not endorse or accept any responsibility for the content, or the use of, such a website and shall not be liable for any loss or damage caused or alleged to be caused by or in conjunction with use of or reliance on any content, goods, or services available on or through any other website or resource. Any concerns regarding any external link shall be directed to its website administrator.

31. Royal Life Saving Society – Australia is not responsible for the results of any action taken or not taken on the basis of any information on the UNCLE TOBYS^® Big Splash Swimathon website, nor for any error or omission in that information. RLSSA expressly disclaims all and any liability and responsibility in respect of anything done consequent on the whole or any part of the information on the website. RLSSA shall not be liable for any loss, damage, liability, expense, cost or personal injury, whether direct or indirect, consequential or incidental, which you suffer, incur or are liable for, howsoever caused (whether due to RLSSA's negligence or otherwise), arising from or in connection with your use of the UNCLE TOBYS^® Big Splash Swimathon website.

Fundraising Policy
32. It is a condition for the UNCLE TOBYS^® Big Splash Swimathon that any person participating under the age of 18, has permission from their parent or guardian to participate. Their parent or guardian will need to have read and understood the terms and conditions, acknowledging their child’s participation and their approval.

33. Funds raised from the UNCLE TOBYS^® Big Splash Swimathon will help to reduce child drowning, along with locally nominated charitable activities.

34. An administration fee of 4.5% will be deducted from gross proceeds to determine the net proceeds that will be distributed as per clauses 35 and 36.

35. The 50% allocated to the Royal Life Saving Society – Australia will be for the Royal Life Saving Swim and Survive Drowning Prevention Strategy which will focus on four vital activities:

  1) Awareness – Raise parental awareness of the importance of swimming and water safety education to children’s long term health and safety.
  2) Access - Ensure that children don’t miss out because of their background. Key targets are children living in at risk communities including indigenous, culturally and linguistically diverse, rural and remote communities.
  3) Pathways - Provide scholarships for enthusiastic people to become swimming and water safety instructors to eliminate instructor supply as a barrier to swimming and water safety education.
  4) Research - Initiate research targeting children aged 3 – 10 years old drowning in Australia and the issues affecting drowning in adolescents and young adulthood.

35. The 50% allocated to locally nominated activities, will be decided by each Group upon registration. Each group will have the ability to nominate their not-for-profit or charitable activity, based upon the following three options:
1) Royal Life Saving Swim and Survive Drowning Prevention Strategy doubling the funds raised and impact
2) Not-for-profit organisation as part of a local fundraising cause e.g primary school fundraising for new library books for the school library; swim club fundraising for new manikins and equipment for the pool lifesaving team.
3) Registered Charity. 

Note: for groups who are not a registered charity or not-for-profit organisation e.g. Aquatic Centres, Swim Schools, Corporate and Business Organisations, you are not legally entitled to direct funds back into your business. You will need to nominate for these fundraising proceeds to go to either a not-for-profit or a Registered Charity. If you have any questions regarding this process please contact the Royal Life Saving Society - Australia as per the Contact details listed on this website. 

36. Within three weeks of completing your UNCLE TOBYS^® Big Splash Swimathon event, all funds raised by the group and its participants will need to be provided to the Royal Life Saving Society – Australia. The funds raised from your UNCLE TOBYS^® Big Splash Swimathon will be allocated to the nominated qualifying local cause eight weeks from the completion of the Big Splash Event.

37. Where Registered Groups represent a not-for-profit organisation and nominate this as their local fundraising activity, the Group Administrator will be required to supply the Royal Life Saving Society – Australia with their ABN, Account Name, BSB and Account Number for funds to be transferred post their Group’s Big Splash Event. Upon funds being transferred the Group Administrator will receive an electronic copy of the payment receipt for their records.

38. Where Registered Groups nominate a Registered Charity as their local fundraising activity, the Royal Life Saving Society – Australia will contact this Registered Charity to obtain their ABN, Account Name, BSB and Account Number for funds to be transferred post the Group’s Big Splash Event. The Royal Life Saving Society – Australia will confirm the Registered Charity’s details with the Group Administrator prior to the funds being transferred to ensure accuracy. Upon confirmation the Group Administrator will receive an electronic copy of the payment receipt to the Registered Charity for their records.

39. The Royal Life Saving Society – Australia makes no representations or warranties in relation to the appropriate use of fundraising by recipient not-for-profit or registered charities raised by use of the UNCLE TOBYS^® Big Splash Swimathon or the services provided. Recipient organisations make no representations or warranties in relation to the specific use of funds raised except in circumstances where the recipient organisation has expressly stated that funds raised will be applied to a particular project or appeal.

Donations/Sponsorship
40. All donations and sponsorship payments made in support of the UNCLE TOBYS^® Big Splash Swimathon are made as a gift and are non-refundable. Donations and sponsorship payments over $2 are tax deductible. The Royal Life Saving Society – Australia will issue a receipt for the full amount of the donation and sponsorship payment. For donations and sponsorships made online a receipt will automatically be generated. For donations and sponsorship payments made by mail including cheque/money order a receipt will be issued if requested (providing address details have been supplied).

41. If you collect sponsorship and donation payments manually using the provided UNCLE TOBYS^® Big Splash Swimathon Individual Sponsorship Form, it will be your responsibility to collect, manage and reconcile payments, forwarding final payment to the Royal Life Saving Society – Australia. This final payment will need to be made within three weeks of completing your UNCLE TOBYS^® Big Splash Swimathon event. This payment can be made in the following ways:

a. Paid in online – you can pay using your own credit/debit card for the total funds raised by nominating your group and participant details, and uploading / mailing your UNCLE TOBYS^® Big Splash Swimathon Individual Sponsorship / Donation  Form.
b. Paid in by post – you can collect all payments and convert to Cheque/Money Order and forward through with your with UNCLE TOBYS^® Big Splash Swimathon Individual Sponsorship / Donation Form. Payments should be  made:
Payable to: Royal Life Saving Society – Australia
Addressed to: REPLY PAID 558, Broadway NSW 2007

42. Sponsorship payments are based upon a registered participant undertaking a nominated UNCLE TOBYS^® Big Splash Swimathon activity. The Royal Life Saving Society – Australia acts in good faith that participants have undertaken this activity.

43. It will be your responsibility if completing the UNCLE TOBYS^® Big Splash Swimathon – Individual Sponsorship / Donation Form to collate payments, completing sponsors details and forwarding total payment by Cheque / Money Order to the Royal Life Saving Society - Australia.

44. The UNCLE TOBYS^® Big Splash Swimathon Website Payment Gateway is facilitated by API – Westpac. 

45. Once a donation is made, the transaction is final and not subject to dispute unless unauthorised use of your payment card is proved. If you become aware of fraudulent use of your card, or if it is lost or stolen, you must notify your card issuer in accordance with its reporting rules.

46. The UNCLE TOBYS^®  Big Splash Swimathon is being run solely by the Royal Life Saving Society – Australia. UNCLE TOBYS^®   is a naming rights sponsor only and has no liability in relation to the conduct of the event. Any complaint made about the UNCLE TOBYS^® Big Splash Swimathon should be referred in the first instance to the Royal Life Saving Society – Australia. Such a complaint should be specific and in writing. Upon receipt of a complaint, the Royal Life Saving Society - Australia will use its best endeavours to respond to the complaint and resolve any matters arising from it within 7 days. If, following a response, the complaint is not resolved to your satisfaction, it may be referred for consideration by the appropriate state regulatory body.

Rewards  

47. PlayStation^® prizes will be awarded according to the following table:

q) In the instance where the dollar value for the highest individual participant fundraiser is equaled by another individual participant, both participants will be rewarded with the listed prize and award).

Other Reward Items 
 

a) Rewards are based upon individual fundraiser sponsorship.
 
b) To be eligible for Rewards, all sponsorship money must be received by the Royal Life Saving Society -Australia within three weeks of completing your UNCLE TOBYS^® Big Splash Swimathon event. 

c) The total funds raised by each participant will define the Reward that is received. 

d) All Rewards are awarded at the discretion of the Royal Life Saving Society - Australia. The Royal Life Saving Society - Australia reserves the right to award a Reward of equivalent value to the one offered.

e) Rewards are not redeemable for cash.

f) Rewards will be forwarded to individual participants eight weeks from the completion of the Swimathon event.