Raffle Terms and Conditions- Jimny& Caretta #223 2023
1. How to enter forms part of the terms and conditions of entry
2. Purchase of a ticket or multiple tickets either singly or in a bundle, is deemed as acceptance of the terms and conditions.
3. The following persons are ineligible to purchase tickets for themselves or on behalf of any other person:
a) Office holders and employees of the Australian Horizons Foundation
b) The nominee of the raffle
c) Relatives of office holders, employees, and the nominee. Relative means spouse including de facto spouse, parent, child, or sibling (whether full or half-blood), residing in the home of the office holders, employee, or nominee.
d) Persons under the age of 18
How to enter
An eligible person will conduct the purchase of their raffle ticket/s only online at www.ahfraffles.org by selecting the number of tickets they wish to purchase, their chosen method of payment, entering in their name, address, email address and complete the transaction using either Stripe or PayPal.
Tickets
Are only issued through the Australian Horizons Foundation’s raffle platform at www.ahfraffles.org upon completion of payment.
Number of Tickets and price
A maximum of 83,333 tickets available. 1-4 individual tickets are $20 each. Discounted bundles are available at the following values: 5-9 tickets $12 each; 10-24 tickets are $10 each; 25-59 tickets are $8each and 60+ tickets are $6 each. A processing fee applies at the time of checkout. Tickets can only be purchased online at Australian Horizons Foundation’s dedicated raffle site www.ahfraffles.org
Limits
There are no limits to the number of tickets an individual person or entity can purchase.
Inclusions
Where the prize is a motor vehicle, the RRP will include 12 months private use registration with Compulsory Third-Party insurance and stamp duty.
Exclusions
Insurance- Motor vehicle/ trailer/caravan insurance is the winner’s responsibility once they have ownership of the prize, have collected the prize, or it has been delivered to them.
Winners’ obligations
1. Winners agree to enter in good faith and agree to return, either by email or post, to Australia Horizons Foundation the completed prize acknowledgement form that is emailed or posted to them as confirmation that they are a prize winner.
2. Winners agree to provide a photograph and/ or video, or have one taken by an authorised representative of Australian Horizons Foundation, of themselves with their prize at the time of delivery or collection. This will be displayed on the AHF Raffles website in the winner's gallery and is evidence that they have won and received the prize. The winning ticket number/s, winner's name (first name & initial) and state of residence will form part of the publicly available raffle result notifications. (Eg: 1st prize won by Mary B from Sydney NSW) Winners are invited and encouraged to share appropriate and relevant photos or videos with their prizes after they have received them. A winner who wishes to remain private, may alternatively provide a photograph or video in which they are not readily identifiable, but it must be clear that they have received and accepted the prize.
Fundraising Target
The fundraising target and actual amount raised will not exceed 5x the raffle prize value.
Claiming Prize
Winners will be contacted in the first instance by telephone and email. They will then be sent a prize acknowledgement form that they will complete & return to Australian Horizons Foundation, within 28 days of receiving that form by email or post.
Winners must contact Australian Horizons Foundation to claim their prize within 90 days of the draw. The Foundation will make all reasonable efforts to contact the winner.
Redraw of Unclaimed prizes (updated conditions as of 25/7/2023)
In the event a winner does not claim a prize in a raffle and after a reasonable effort, the Australian Horizons Foundation cannot locate and contact the winner of the prize, the prize will be retained for 90 days from the date of the draw, after which it will be redrawn by random number generation with the redraw to be conducted at Suzuki Nundah, 1308 Sandgate Road Nundah, QLD 4012 at 2pm. These details will be advertised on the raffle website and by email to subscribers.
Prize Delivery/ collection
The winner agrees to collect the prize within 28 days of the draw, unless other arrangements are agreed upon between the winner, The Foundation & the venue where the prize is stored.
The verified winner will decide how to receive their prize. The options are:
A.AHF arranges delivery in consultation with the winner within 28 days of the draw, and the cost of delivery is considered an expense associated with the raffle or
B. AHF may offer to fly the winner to Brisbane to collect their prize. AHF will only pay for 1x 1 way economy airfare with the airline of its choice, with the winner taking ownership of the prize and accepting all responsibilities associated with it, including insurance and return travel costs.
C. The winner makes their own arrangements and meets all the associated costs.
Charitable purpose
AHF aims to optimise charitable activities and abides by the requirements of the regulators in each state & territory. AHF is a registered charity and delivers the BeefitUp Australia and Let’s Get Rural social and economic support & rural advocacy campaigns. The Foundation periodically chooses to donate to other charities, recognised community groups or entities that align with its purpose to provide social and economic support to rural Australians.
Costs of conducting a raffle
Each state or territory that has authorised the raffle to be conducted under their jurisdiction, allows for deducting all reasonable costs related to running the raffle, including but not limited to: the purchase of prizes; cost of storage/ display, insurance whilst prizes are the property of the Foundation; print, radio & social media advertising; promotions and marketing activities; attendance at events to promote the raffle; related wages and oncosts; secure online processing provider charges; bank & audit fees; regulatory application & permit fees; IT and raffle platform management charges; web hosting and security costs; subscriptions, CRM software, and maintenance costs.
About the Website
www.ahfraffles.org (the 'Website'). The Website Raffle Ticket Platform (the 'Services').
The Website is operated by Australian Horizons Foundation Limited (ABN49 151 678 161). Access to and use of the Website, or any of its associated products or Services, is provided by Australian Horizons Foundation Limited. Please read these terms and conditions (the 'Terms') carefully. By using, browsing, and/or reading the Website, this signifies that you have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
Australian Horizons Foundation Limited reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Australian Horizons Foundation Limited updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms.
Any changes to the Terms take immediate effect from the date of publication. Before you continue, we recommend you read and keep a copy of the Terms for your records.
Acceptance of the Terms:
You accept the Terms by remaining on the Website. Purchase of a ticket or multiple tickets either singly or in a bundle, is deemed as acceptance of the terms and conditions.
Payment
Where the option is given to you, you may make payment for the purchase of raffle tickets by way of:
• Credit Card/ Debit card Payment processed through Stripe
• PayPal ('PayPal')
For payments made in the course of your purchase using Stripe, you warrant that you have read, understood, and agree to be bound by the Stripe terms and conditions which are available on their website.
For payments made in the course of your purchase using PayPal, you warrant that you have read, understood, and agree to be bound by the PayPal terms and conditions which are available on their website.
Refund Policy
Australian Horizons Foundation Limited will only provide you with a refund of the services Fee in the event they are unable to continue to provide the Services or if the manager of Australian Horizons Foundation Limited decides, at its absolute discretion, that it is reasonable to do so under the circumstances (the 'Refund').
Privacy:
As part of the ticket purchase process, or as part of your continued use of the services, you may be required to provide personal information about yourself (such as identification or contact details), including:
• Full legal name and Email address
• Mailing and residential address
• Telephone number
You warrant that any information you give to Australian Horizons Foundation Limited in the course of completing the raffle ticket purchase will always be accurate, correct and up to date.
The website:
You may not use the Services and may not accept the Terms if:
a) you are not of legal age to form a binding contract with Australian Horizons Foundation Limited; or
b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
Australian Horizons Foundation Limited takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to relevant legislation and Australian Horizons Foundation Limited's Privacy Policy, which is available on the website www.australianhorizonsfoundation.org
Any use of your information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Australian Horizons Foundation Limited of any unauthorised use or any breach of security of which you have become aware. Access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Australian Horizons Foundation Limited providing the Services.
You will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Australian Horizons Foundation Limited.
You will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website.
You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Australian Horizons Foundation Limited
for any illegal or unauthorised use of the Website; and You acknowledge and agree that any automated use of the Website
or its Services is prohibited.
Copyright and Intellectual Property
The Website, the Services and all of the related products of Australian
Horizons Foundation Limited are subject to copyright. The material on the website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes and are reserved by Australian Horizons Foundation Limited or its contributors.
All trademarks, service marks and trade names are owned, registered and/or licensed by Australian Horizons Foundation Limited.
Australian Horizons Foundation Limited does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Australian Horizons Foundation Limited.
Australian Horizons Foundation Limited retains all rights, title, and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
· business name, trading name, domain name, trademark, industrial design, patent, registered design, or copyright, or
· a right to use or exploit a business name, trading name, domain
name, trademark, or industrial design, or
· a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
You may not, without the prior written permission of Australian Horizons Foundation Limited and the permission of any other relevant rights owners:
*broadcast, republish, up-load to a third party, transmit, post, distribute, show, or play in public, adapt, or change in any way the Services or third[1] party Services for any purpose, unless otherwise provided by these Terms.
This prohibition does not extend to materials on the Website, which are freely available for re- use or are in the public domain.
General Disclaimer
Nothing in the Terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law:
· all terms, guarantees, warranties, representations, or conditions
which are not expressly stated in the Terms are excluded; and
· Australian Horizons Foundation Limited will not be liable for any
special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Website and the Services is at your own risk. Everything on the website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, and licensors of Australian Horizons Foundation Limited make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Australian Horizons Foundation Limited) referred to on the Website, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
· failure of performance, error, omission, interruption, deletion, defect,
· failure to correct defects, delay in operation or transmission,
· computer virus or other harmful component, loss of data,
· communication line failure, unlawful third-party conduct, or theft,
· destruction, alteration, or unauthorised access to records.
· the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
· costs incurred as a result of you using the Website, the Services or
any of the products of Australian Horizons Foundation Limited; and
· the Services or operation in respect to links which are provided for your convenience.
Limitation of liability
Australian Horizons Foundation Limited's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
You expressly understand and agree that Australian Horizons FoundationLimited, its affiliates, employees, agents, contributors, and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
Termination of Contract
The Terms will continue to apply until terminated by either you or by
Australian Horizons Foundation Limited as set out below.
If you want to terminate the Terms, you may do so by:
· providing Australian Horizons Foundation Limited with 5 Business Days' notice of your intention to terminate: and
· closing your accounts for all the services which you use, where Australian Horizons Foundation Limited has made this option available to you.
Notification
Your notice should be sent, in writing, to Australian Horizons FoundationLimited via the 'Contact Us' link on our homepage.
Australian Horizons Foundation Limited may at any time, terminate the
Terms with you if:
· you have breached any provision of the Terms or intend to breach any provision.
· Australian Horizons Foundation Limited is required to do so by law.
· the provision of the Services to you by Australian Horizons Foundation Limited is, in the opinion of Australian Horizons Foundation Limited, no longer commercially viable.
Subject to local applicable laws, Australian Horizons Foundation Limited reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Australian Horizons Foundation Limited's name or reputation or violates the rights of those of another party.
Indemnity
You agree to indemnify Australian Horizons Foundation Limited, its affiliates, employees, agents, contributors, third-party content providers and licensors from and against:
· all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content.
· any direct or indirect consequences of you accessing, using, or transacting on the Website or attempts to do so; and/or
· any breach of the Terms.
Dispute Resolution
Compulsory:
If a dispute arises out of or relates to the Terms, either party may not
commence any Tribunal or Court proceedings in relation to the dispute unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
Notice:
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
Resolution:
On receipt of that notice ('Notice') by that other party, the parties to the terms ('Parties') must:
· Within 21 Business Days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree.
If for any reason whatsoever, 5 Business Days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Regulatory Body for
licence permit in the State where ticket was purchased or his or her nominee.
The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The
Parties must each pay their own costs associated with the mediation.
The mediation will be held in as determined by the Regulatory Body in which the Raffle Tickets were purchased.
Confidential:
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
Termination of Mediation:
If 21 Business Days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
Venue and Jurisdiction
The Services offered by Australian Horizons Foundation Limited is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of an authorised state or Territory within Australia.
Governing Law
The Terms are governed by the laws of Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted, and construed by, under and pursuant to the laws of Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.