TERMS AND CONDITIONS

Terms and Conditions: Website, App and The Push-Up Challenge

Date of last revision 10 September 2023.

This website and The Push Up Challenge are operated by The Push For Better Foundation Limited (ABN 49 645 093 349) (we, our or us).
By accessing and continuing to use our website, including registering for The Push Up Challenge (the Challenge), you agree with these terms and our Privacy Policy (Terms), as updated from time to time. Please read these Terms carefully and immediately cease participating in the Challenge and/or using our website if you do not agree to them.
We may, at any time and in our absolute discretion, vary the Terms by publishing a change to them here on our website. Please check back here regularly to ensure you are aware of our current Terms. Materials and information on this website are subject to change without notice. We do not undertake to keep the website up-to-date and we accept no liability if any content is inaccurate or out-of-date.

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our website in accordance with these Terms. All other uses are prohibited without our prior written consent
We do not guarantee that our website will be free from viruses, or that access to our website will be uninterrupted. We may, at any time and without notice to you, discontinue our website, in whole or in part. We may also exclude any person from using our website, at any time and in our absolute discretion. We are not liable for any loss, damage or expense that you suffer arising from or in connection with any such discontinuance or exclusion.

These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you and limitations of liability set out in these Terms will survive.
For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail

Registering for the Challenge

To register for the Challenge, you must complete on online registration form.

When you register and complete the registration form, you will provide us with personal information such as your name, email address or telephone number. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy.

When you register and activate your account, we will provide you with a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name. If you suspect that your account is being used without your authority, you must immediately report this to us.

To register for the Challenge, you must be:

(a) at least 18 years of age or have permission from your parent or guardian to participate;
(b) possess the legal right and ability to enter into a legally binding agreement with us; and
(c) agree and warrant to use the website and participate in the Challenge in accordance with these Terms.

If you are under the age of 18, you represent that you have reviewed these Terms with your parent or legal guardian to make sure that you and your parent or legal guardian understand these Terms. If you are a parent or guardian permitting a person under the age of 18 (a Minor) to create an account, you agree to:

(d) exercise supervision over the Minor's use of our website and participation in the Challenge;
(e) assume all risks associated with the Minor's use of our website and participation in the Challenge, including the transmission of content or information to and from third parties via the Internet;
(f) ensure that the content and information that the Minor may encounter on our website are suitable for the Minor;
(g) assume liabilities resulting from the Minor's use of our website and their account;
(h) ensure the accuracy and truthfulness of all information submitted by the Minor; and
(i) provide the consents contained in these Terms on behalf of the Minor.

We may ask you to confirm that you have your parent's or guardian's permission and that they have agreed to these Terms on your behalf, and, even if we do not do this, we will assume that this is the case and will provide access to our website and your account on this basis.

By registering for the Challenge, you also confirm that:

(a) you and everyone in any team that you register is fit and in good physical health and not subject to illnesses or injuries that would prevent or be exacerbated by participation;
(b) you and all team members are over the age of 18 or otherwise have permission from a parent or guardian to take part;
(c) you and all team members consent to us distributing any funds that you raise to a mental health beneficiary, cause or initiative of our choice, in our absolute discretion;
(d) you and all team members understand that each participant is responsible for their own safety during the Challenge; and
(e) you will ensure that you and all team members engage in the physical activities involved in the Challenge in a safe and responsible manner.

Prohibited uses of the website or app

You must not use our website or app to facilitate or participate in any illegal activity or engage in any activity that we, in our absolute discretion, consider to be inappropriate or which might bring us or our website into disrepute, including:

1. Anything that could breach of individual’s privacy or any other legal rights;
2. Interfering with any other user using our website;
3. Using our website to send unsolicited email messages; or
4. Facilitating or assisting a third party to any of these things.

You must not attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of our website, app or any related websites. You must not attempt to bypass the network firewall and you must not use any part of the site 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. You must not knowingly transmit viruses or other disabling features or otherwise damage or interfere with our website or app.

We reserve the right to immediately and indefinitely restrict your access to our website or app (including to resources associated with the Challenge) in any way considered reasonably necessary if we suspect that you are engaging in any of the above behaviour.

You are prohibited from using our website or app, including their content, in any way that competes with our business.

User Content

By registering for the Challenge and/or using our website and uploading content whether to our website or to our social media channels, you hereby agree and consent to us using any submitted photograph, video, comment(s) and other accompanying materials (collectively, the “User Content”) for advertising, marketing, promotion and other commercial and business purposes in accordance with these Terms.

By uploading User Content to our website, you represent and warrant to us that:
1. you own all rights in the User Content or otherwise have the right to submit the User Content to us;
2. the use of the User Content by you or us does not violate or infringe upon the rights of any third party (including, any rights of intellectual property, copyright, trademark, publicity or privacy);
3. the User Content is true and correct and is not misleading, defamatory or obscene;
4. the User Content can be published lawfully by us;
5. any persons  identifiable in the User Content have consented to the submission of the User Content on our website and further use of the User Content as contemplated in these Terms; and
6. our use of the User Content in the manner contemplated above and the rights and licences granted under these Terms do not, and will not, violate any right of, or conflict with or violate any right or commitment made to, any third party and no consent or authorization from any third party is required in connection with such use. You hereby agree to defend, indemnify and hold us harmless from and against any and losses, and all claims by third parties, resulting from your breach of any of these representations or warranties.

You waive, release and forever discharge us and any of our subsidiaries, affiliates, officers, directors, managers, members, shareholders, employees, representatives and agents from any and all rights, claims and liability relating to the use of the User Content in the manner contemplated above including, without limitation, any claims based on the invasion of privacy, commercial use of name or likeness and the right of publicity.

We do not endorse or approve, and are not responsible for, any User Content. If any User Content incorporates any content that we, in our absolute discretion, consider is inappropriate for inclusion on our website, we reserve the right to remove any content without consultation. However, we will use reasonable endeavours to consult with you prior to removing content on any team, individual, community or other fundraising page. We also reserve the right to prohibit fundraisers who breach these Terms from using our website in the future.

Liability

The use of our website and registration and participation in the Challenge is at users’ and participants’ sole risk. The content and services are supplied on an “as is” and “as available” basis.

The content on our website and app is not comprehensive and is for general information purposes only. It does not take into account users’ specific needs, objectives or circumstances, and it is not advice. While we use reasonable endeavours to confirm the accuracy and completeness of the website content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.

To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent suffered by you, any third party and any team members that you register, arising from or in connection with your or their participation in The Challenge, use of our website or its content, and/or any inaccessibility of, interruption to or outage of our website and/or any loss or corruption of data and/or the fact that the content is incorrect, incomplete or out of date. For the avoidance of any doubt, we will not be liable for indirect or consequential loss or damage, including loss of profits, loss of any business opportunity and damage to computer equipment.

To the maximum extent permitted by law, you and any team members registered by you must indemnify and hold us harmless against any loss, damage or expense suffered by us arising from or in connection with participation in the Challenge, use of our website, or any breach of these Terms or any applicable laws. This indemnity is a continuing obligation, independent from the other obligations in these Terms, and survives the termination of these Terms. It is not necessary for us to suffer or incur any loss or damage before enforcing a right of indemnity under these Terms.

Jurisdiction

The use of our website, app, registration and participation in the Challenge and these Terms are governed by the laws of Western Australia. Users and Challenge participants irrevocably and unconditionally submit to the exclusive jurisdiction of courts operating in Western Australia, and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Our website may be accessed throughout Australia and overseas. We make no representation that our website complies with the laws (including intellectual property laws) of any country outside Australia. If you access our website from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our website.

Intellectual Property Rights

Unless otherwise indicated, we own the intellectual property rights, including copyright, in our website and all of its content. Except as necessary for using this website on your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws, no material on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, altered, modified, performed in public, distributed or transmitted in any form by any process without our specific prior written consent.

You must not include any material on any fundraising page that infringes the intellectual property rights of others. For example, you may not include a trademark or copyright material without the written consent of the owners.

You acknowledge and agree that we may use, copy and edit, for our business purposes, any material or User Content submitted by you in connection with any fundraising page and that you agree to receive marketing content from us.

Links

For the convenience of our users the Challenge site contains links and other pointers to websites operated by third parties. We do not control these websites and we are not responsible for their availability or their content or services and we make no warranty in respect of those links in this regard. You should make your own investigations with respect to the suitability of those websites and their content.

Credit Card Donations

Any donations made through our website using a credit card are final. If you become aware that your credit card has been lost, stolen or is being used fraudulently, it is your responsibility to report the issue immediately to your financial institution.

We do not store your credit card details. We use the services of Stripe and PayPal which store your credit card data under their own terms. We provide no warranty as to its safety or security and do not accept responsibility for any loss, damage or expenses suffered by the use of these facilities.

Collection of Personal Information

We collect personal information about you in order to process your registration, to facilitate the payment of donations and for purposes otherwise set out in our Privacy Policy.

We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers, payment platforms and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services to you, including supporting your registration in the Challenge

Our Privacy Policy explains:

  • how we store and use, and how you may access and correct your personal information; (
  • how you can lodge a complaint regarding the handling of your personal information; and
  • how we will handle any complaint.

If you would like any further information about our privacy policies or practices, please contact us.

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.

Refunds

Where possible, we will process refunds for donations providing that the donation has not yet been passed onto a beneficiary. Donations are sent electronically by us to the nominated cause at nominated points in time. To secure a refund, contact us through the website. If the donation has already been forwarded to the chosen beneficiary, we may ask you to contact them directly.

Terms and Conditions: Competitions and Rewards

Apple Watch competition for Student Ambassadors

1. What is the Apple Watch competition?
The Apple Watch competition is a competition run by the Push For Better Foundation Limited, where participants can win 1 of 2 Apple Watches by completing their application for the Student Ambassador Program by 23 February 2024 AND obtaining School Consent from a teacher or staff member by 8 March 2024 AND completing Student Ambassador introductory training by 30 April 2024. 

2. How do I enter the competition?
Complete an application for the Student Ambassador Program by 23 February 2024 AND obtain School Consent from a teacher or staff member by 8 March 2024 AND complete your Student Ambassador introductory training by 30 April 2024. By entering the competition, participants agree to be bound and abide by these terms and conditions, as amended from time to time (Competition Terms). 

3. When is the competition open?
The competition is open between 1 September 2023 and 30 April 2024. 

4. What prizes are available?
There are 2 x Apple Watches available to be won.

5. Can a participant win more than one Apple Watch?
No. Each participant can only win one Apple Watch.

6. Can the prizes be varied?
We reserve the right to vary/replace the prize for one of a similar value. 

7. Who is eligible for the Competition? 
Year 10, 11 or 12 students who have completed their application for the Student Ambassador Program AND obtained School Consent from a relevant teacher or staff member at their school AND completed their Student Ambassador introductory training.  

Employees of the Push For Better Foundation and their immediate family members are not eligible to enter this competition. 

The Push For Better Foundation Limited reserves the right to verify the validity of applications and to disqualify any applicant who, in the Push For Better Foundation Limited’s reasonable opinion, does not comply with these Competition Terms. 

8. How are winners selected?
Winners will be drawn randomly from the pool of eligible participants. 

9. Is the prize redeemable for cash or other products, or transferable?
The prize is not redeemable for cash or other products and is not transferable. 

10. Can the Push for Better Foundation cancel the competition?
If for any reason outside of the Push For Better Foundation’s control this competition is not, or is no longer capable of running, then the Push For Better Foundation reserves the right to cancel this prize at any time without prior notice and without liability to any participant. 

11. When will the competition winners be drawn?
The competition winners will be drawn on 6 May 2024 at the offices of the Push For Better Foundation in Jolimont, WA. 

12. How will winners be notified?
Winners will be notified by email within a week of the draw. 

13. What are the Push for Better Foundation Limited’s liabilities in connection with the competition? 
The Push for Better Foundation Limited accepts no responsibility or liability to any participant for any: 

  • issues, whether technological or otherwise, that result in an application or consent form not being processed in time or which cause a disparity between the time the application or consent form is recorded on the The Push-Up Challenge website and the time shown an entrant’s donation receipt; 
  • any problems or financial costs incurred by a participant related to, or associated with, entering the competition, including any injury or damage to participants or any other persons related to or resulting from participation in the competition; 
  • any accident, damage, loss, liability or injury to any individual or property whether direct or indirect, incurred by a fundraiser as a result of entering the Challenge or the competition, whether in contract, tort, negligence or otherwise arising out of or in connection with the competition, either during or after the competition; or 
  • failure to comply with either of their obligations where such failure is caused by something outside of their control.

14. What is the governing law of this competition?
These Competition Terms and Conditions are governed by the laws in force in Western Australia. Participants submit to the non-exclusive jurisdiction of the courts in Western Australia.

15. How long do winners have to claim their prize?
Each winner has one week after being notified of their win to claim their prize. After his period, they lose their right to claim their prize.

Frank Green Water Bottle competition

1. What is the Frank Green water bottle competition?
The Frank Green water bottle competition is a competition run by the Push For Better Foundation Limited, where participants can win 1 of 10 Frank Green water bottles by completing their expression of interest and application for the Student Ambassador Program 2024 AND obtaining School Consent from a teacher or staff member at their school by 1 December 2023. 

2. How do I enter the Competition?
Complete an expression of interest and application for the Student Ambassador Program 2024 AND obtain School Consent from a teacher or staff member at your school by 1 December 2023. By entering the Competition, participants agree to be bound and abide by these terms and conditions, as amended from time to time (Competition Terms). 

3. When is the Competition open?
The Competition is open between 1 September 2023 and 1 December 2023. 

4. What prizes are available?
There are 10 x Frank Green water bottles available to be won in the Competition. 

5. Can a participant win more than one Frank Green?
No. Each participant can only win one Frank Green water bottle. 

6. Can the Prizes be varied?
We reserve the right to vary/replace the prize for one of a similar value. 

7. Who is eligible for the Competition? 
Year 10, 11 or 12 students who have completed their expression of interest and application for the Student Ambassador Program 2024 AND obtained School Consent from a relevant teacher or staff member at their school.  

Employees of the Push For Better Foundation and their immediate family members are not eligible to enter this Competition. 

The Push For Better Foundation Limited reserves the right to verify the validity of applications and to disqualify any applicant who, in the Push For Better Foundation Limited’s reasonable opinion, does not comply with these Competition Terms. 

8. How are winners selected?
Winners will be drawn randomly from the pool of eligible participants. 

9. Is the prize redeemable for cash or other products, or transferable?
The Prize is not redeemable for cash or other products and is not transferable. 

10. Can the Push for Better Foundation cancel the Competition?
If for any reason outside of the Push For Better Foundation’s control this Competition is not, or is no longer capable of running, then the Push For Better Foundation reserves the right to cancel this Prize at any time without prior notice and without liability to any participant. 

11. When will the Competition winners be drawn?
The Competition winners will be drawn on 1 December 2023 at the offices of the Push For Better Foundation in Jolimont, WA. 

12. How will winners be notified?
Winners will be notified by email within a week of the draw. 

13. What are the Push for Better Foundation Limited’s liabilities in connection with the Competition? 
The Push for Better Foundation Limited accepts no responsibility or liability to any participant for any: 

  • issues, whether technological or otherwise, that result in an application or consent form not being processed in time or which cause a disparity between the time the application or consent form is recorded on the The Push-Up Challenge website and the time shown an entrant’s donation receipt; 
  • any problems or financial costs incurred by a participant related to, or associated with, entering the Competition, including any injury or damage to participants or any other persons related to or resulting from participation in the Competition; 
  • any accident, damage, loss, liability or injury to any individual or property whether direct or indirect, incurred by a fundraiser as a result of entering the Challenge or the Competition, whether in contract, tort, negligence or otherwise arising out of or in connection with the Competition, either during or after the Competition; or 
  • failure to comply with either of their obligations where such failure is caused by something outside of their control.

14. What is the governing law of this Competition?
These Competition Terms and Conditions are governed by the laws in force in Western Australia. Participants submit to the non-exclusive jurisdiction of the courts in Western Australia.

15. How long do winners have to claim their prize?
Each winner has one week after being notified of their win to claim their prize. After his period, they lose their right to claim their prize.

Fitbit Versa 3 competition

1. What is the Fitbit Versa 3 competition?
The Fitbit Versa 3 competition is a competition run by the Push For Better Foundation Limited, where participants can win a Fitbit Versa 3 by completing their expression of interest and application for the Student Ambassador Program 2024 by 15 December 2023. 

2. How do I enter the Competition?
Complete an expression of interest and application for the Student Ambassador Program 2024 by 15 December 2023. By entering the Competition, participants agree to be bound and abide by these terms and conditions, as amended from time to time (Competition Terms). 

3. When is the Competition open?
The Competition is open between 1 September 2023 and 15 December 2023. 

4. What prize is available?
There is one Fitbit Versa 3 available to be won in the Competition. 

5. Can the prize be varied?
We reserve the right to vary/replace the prize for one of a similar value. 

6. Who is eligible for the Competition? 
Year 10, 11 or 12 students who have completed their expression of interest and application for the Student Ambassador Program 2024 by 15 December 2023.

Employees of the Push For Better Foundation and their immediate family members are not eligible to enter this Competition. 

The Push For Better Foundation Limited reserves the right to verify the validity of applications and to disqualify any applicant who, in the Push For Better Foundation Limited’s reasonable opinion, does not comply with these Competition Terms. 

7. How is the winner selected?
The winner will be drawn randomly from the pool of eligible participants. 

8. Is the prize redeemable for cash or other products, or transferable?
The Prize is not redeemable for cash or other products and is not transferable. 

9. Can the Push for Better Foundation cancel the Competition?
If for any reason outside of the Push For Better Foundation’s control this Competition is not, or is no longer capable of running, then the Push For Better Foundation reserves the right to cancel this Prize at any time without prior notice and without liability to any participant. 

10. When will the Competition winner be drawn?
The Competition winner will be drawn on 15 December 2023 at the offices of the Push For Better Foundation in Jolimont, WA. 

11. How will winner be notified?
The winner will be notified by email within a week of the draw. 

12. What are the Push for Better Foundation Limited’s liabilities in connection with the Competition? 
The Push for Better Foundation Limited accepts no responsibility or liability to any participant for any: 

  • issues, whether technological or otherwise, that result in an application form not being processed in time or which cause a disparity between the time the application form is recorded on the The Push-Up Challenge website and the time shown an entrant’s receipt; 
  • any problems or financial costs incurred by a participant related to, or associated with, entering the Competition, including any injury or damage to participants or any other persons related to or resulting from participation in the Competition; 
  • any accident, damage, loss, liability or injury to any individual or property whether direct or indirect, incurred by a fundraiser as a result of entering the Challenge or the Competition, whether in contract, tort, negligence or otherwise arising out of or in connection with the Competition, either during or after the Competition; or 
  • failure to comply with either of their obligations where such failure is caused by something outside of their control.

13. What is the governing law of this Competition?
These Competition Terms and Conditions are governed by the laws in force in Western Australia. Participants submit to the non-exclusive jurisdiction of the courts in Western Australia.

14. How long does the winner have to claim their prize?
The winner has one week after being notified of their win to claim their prize. After his period, they lose their right to claim their prize.

Terms Enquiries and Feedback

If you have any queries about our Terms, please contact us through the contact section of the website.