Terms and Conditions

Silver Lining Ride 2021

The following are the terms and conditions of entry (“the Terms”) to the Silver Lining Ride 2021 (“Silver Lining Ride”).  The Terms are not negotiable.  By entering or accepting an entry to Silver Lining Ride via the Ovarian Cancer Research Foundation Inc (“OCRF”) registration system and/or the website https://www.silverliningride.com.au/ and paying the entry fee, you hereby acknowledge your acceptance of the Terms.

Acknowledgement by Participant

You acknowledge and agree that:

• you are:
  • 18 years or older and you have read these Terms and fully understand them; or
  • the parent or legal guardian of the participant who is under the age of 18 years, and you have read these Terms and fully understand them. As a parent or legal guardian, you agree to these Terms for and on behalf of the participant, and warrant that the participant on whose behalf you are submitting this registration also agrees to comply with these Terms, with any reference to “you” or “your” throughout the Terms being a reference to them;
• competitive sporting events such as Silver Lining Ride:
  • involve the real risk of serious injury and dangers that cannot be eliminated completely by event organisers ranging from minor discomfort to more serious injuries including permanent disability and death and you are voluntarily participating with knowledge of all of these risks; and
  • may be conducted over public roads and facilities open to the public and not owned by the event organisers and upon which hazards are to be expected and that some of these hazards cannot be controlled or mitigated by the OCRF;
• events such as Silver Lining Ride may require extreme fitness and endurance and that you have appropriate conditioning and fitness and are medically able and properly trained to compete in Silver Lining Ride;
• you are in good physical condition and are able to safely complete Silver Lining Ride and have no medical condition that would prevent and/or render you unfit to participate in Silver Lining Ride, and/or make your participation in Silver Lining Ride unsafe or more hazardous either for yourself or for any other person;
• you should consult your doctor before participating in Silver Lining Ride and it is your responsibility to check and ensure that at all times during Silver Lining Ride that you are medically and physically fit to participate in the activities related to Silver Lining Ride;
• if you become aware of any medical condition and/or are uncertain of your state of fitness prior to or during Silver Lining Ride, then you should immediately cease participating and seek advice from a medical practitioner;
• you accept all responsibility for travel and personal medical insurance and for payment and/or reimbursement of medical/surgical expenses incurred as a result of your participation in Silver Lining Ride;
• you are responsible for all property and equipment that you use to take part in Silver Lining Ride and that OCRF accepts no responsibility for any loss or damage to this property and equipment; and
• acceptance of the Terms is required in order to participate in Silver Lining Ride.

By participating in Silver Lining Ride, you:

• accept and assume all risks and responsibility:
  • associated with participating in Silver Lining Ride, including without limitation risks of permanent injury or death due to falls, obstacles, contact with other persons, acts or omissions of other persons, effect of weather, traffic and conditions of any road or other surface;
  • for any discomfort, illness, injury or accident which may occur while you are preparing for Silver Lining Ride, during Silver Lining Ride, or as a result your participation in Silver Lining Ride.
• waive, release, covenant not to sue and forever discharge all persons, corporations and other associations associated directly or indirectly with Silver Lining Ride, including OCRF and its employees and agents and sponsors, against all liabilities, claims, actions, or damages that you may have against them arising out of or in any way connected with your participation in Silver Lining Ride, including without limitation any liabilities, claims, actions or damages caused by negligence of the above parties, the action of inaction of any of the above parties or otherwise; and
• indemnify and hold harmless all persons, corporations and other associations associated directly or indirectly with the event including the OCRF and its employees and agents and sponsors, from all liabilities arising out or in any way connected with your participation in Silver Lining Ride and any violation by you of these Terms.

Intellectual Property

You consent to the publication and/or use in any form of media whatsoever of your name, event and fundraising results, image, voice, statement or otherwise, including the publication of your name and event and/or fundraising results by the OCRF in marketing materials and website without payment or compensation.

The intellectual property rights (including, without limitation, patents, copyrights and trademarks) and all of the content displayed on https://www.silverliningride.com.au/ and https://www.ocrf.com.au/ (collectively, “the Websites”) belongs to OCRF or its third party licensors. You may not copy, reproduce, alter, modify, create derivative works from, publicly display, post on any other website, modify, distribute or transmit any content of the Websites without OCRF's express prior written consent. You shall not remove or alter any notice, legend or designation of copyright, trademark, patent or other intellectual property rights contained on the Websites or in their content.

Website

You are prohibited from posting on the Websites (including on your personal fundraising page) any unlawful, harmful, threatening, abusive, harassing, defamatory or obscene material of any kind, including but not limited to any material which encourages conduct that would constitute a criminal offence, give rise to a civil liability or otherwise violate any applicable local, State, national or international law. This applies to any posting that could be termed as sexual harassment and/or discrimination. The posting of any such material on your personal fundraising page will result in the closure and deletion of your personal fundraising page.

Additionally, you must not use the Websites or any personal fundraising page on it to:

• send junk mail, sms or spam to people who do not wish to receive communications from you;
• conduct, display or forward surveys, raffles, lotteries, contests, pyramid schemes or chain letters;
• interfere with, or disrupt, the operation of the Websites or introduce any computer virus to the Websites.

Except in relation to your personal fundraising page, you may not remove, alter, add to or change anything on the Websites.

Content on the Websites is provided for general information only. It is not intended as medical advice and should not be relied upon as a substitute for consultations with qualified health professionals who can determine your individual medical needs.

While OCRF has made every effort to ensure that the content on the Websites is free from error, OCRF does not guarantee or warrant the accuracy, adequacy or completeness of content on the Websites. All terms implied by law, except those that cannot be lawfully excluded, are excluded. All content is subject to change without notice. OCRF does not warrant that the Websites or any linked websites will be free from viruses or defects.

Research and evidence-based material used is generally referenced (at the end of the page, or where the reference occurred) to acknowledge the author. All attempts are made to ensure the most up-to-date information, research and evidence is used.

As electronic services are subject to interruption or breakdown, access to the Websites is offered on an “as is” and “as available” basis. OCRF may suspend, terminate or withdraw any service offered by or through the Websites (including the Websites themselves) at any time and without notice to you.

The Websites may contain links to third party websites. OCRF does not sponsor or endorse the operators or content of any linked websites. Subject to any applicable law which cannot be excluded, OCRF makes no warranties or representations:

• regarding the quality, accuracy, merchantability or fitness for purpose of any linked websites, material or products or services; or
• that material on linked websites does not infringe the intellectual property rights of any person. By linking to those websites, OCRF is not authorising the reproduction of material on linked websites.

If you forget your account password, OCRF can issue a password reset upon your request. If you require assistance with your password reset, please contact community@ocrf.com.au or call 1300 682 742.

Entry Fee

The entry fee for Silver Lining Ride is not eligible for tax deduction due to the receipt of goods/services.  

The checkout process will sometimes allow for an additional, tax deductible donation to be made on top of the entry fee, in which case a receipt will be issued to reflect the tax-deductible portion of your order.

Fundraising Events

OCRF is not liable for any expenses incurred by you or by organisations or individuals raising money to benefit OCRF, unless specifically authorised in advance in writing.

It is your sole responsibility to cover any costs of fundraising that you choose to incur as part of your fundraising activity. Costs of fundraising may not be paid out of donations collected.

Store

Content relating to goods available for ordering may be based on information provided by third parties such as the suppliers of those goods.  While we aim to ensure that information is kept current and correct, there may be some instances where goods ordered differ in a minor degree from their descriptions. Any graphics, photos, or illustrations used in relation to goods available for ordering on the Websites may not be fully representative of the goods described and should be used as a guide only.

Cancellations of orders for goods are accepted only if your order has not been dispatched. Please contact us if you wish to cancel your order.

Prices for goods displayed on the Websites may change at any time at our sole discretion. You must pay to us the price for the goods that is displayed on the Website at the time you place an order, plus any applicable delivery and handling charges. Payment must be made with your order.

Any delivery period stated on the Websites is an indication only of the anticipated period for delivery of the goods and does not form part of the agreement for sale of the goods. We may contact you if we anticipate any issues delivering your goods within a reasonable time.

If you change your mind about an item you have purchased, and wish to exchange it for something else, please contact us. If we agree, you may return the item to OCRF within 14 days of receiving it, where it is in saleable condition with tags, receipt and original packaging. Delivery charges will be at your expense. [EE1]

OCRF will not accept returns where you have caused the goods to become unmerchantable or failed to take reasonable steps to prevent the product becoming unmerchantable or the product has become damaged by abnormal use.

Force Majeure

If you unable to take part in Silver Lining Ride for safety concerns or otherwise as a result of something beyond the reasonable control of OCRF including and without limitation strong winds, heavy rain, excessive atmospheric pollution, lightning and accidents, force majeure, pandemic or other mass health and safety issues, or any other Act of God, you accept that your entry fee and/or any other cost incurred in order to participate in Silver Lining Ride will be non-refundable. In addition, you acknowledge that you will have no claim against OCRF for any loss or damage you may suffer as a result of such cancellation.

Governing Law

This Agreement is governed by the laws of Victoria, Australia and each of the parties irrevocably submits to the jurisdiction of the courts of Victoria, Australia.

General Provisions

In these Terms:

• headings and bold type are for convenience only and do not affect the interpretation of the Terms;
• the singular includes the plural and the plural includes the singular;
• words of any gender include all genders;
• other parts of speech and grammatical forms of the word or phrase defined in these Terms have a corresponding meaning;
• an expression importing a person includes any company, partnership, joint venture, association, corporation or other body corporate and any government agency as well as an individual; and
• no provision of these Terms shall be construed adversely to a party because that party was responsible for the preparation of the Terms.

Any clause or part of a clause of these Terms which is ineffective in any jurisdiction is ineffective only to that extent in that jurisdiction.

If any provision of these Terms is or at any time becomes prohibited by any applicable law or regulation or otherwise becomes void or unenforceable, it will be severed from the Terms without modifying or affecting the remaining provisions. The remaining provisions will, to the extent permitted by the relevant law or regulation continue in full force and effect.

These Terms survive termination to the extent permitted by law.

Silver Lining Ride Top Fundraiser Competition - Terms & conditions of entry

The following are the terms and conditions of entry (“the Competition Terms”) to the Top Fundraisers Competition (“the Competition”) for the Silver Lining Ride 2021 virtual cycling event (“the Event”).  By entering or accepting an entry to the Event via the Ovarian Cancer Research Foundation (“OCRF”) registration system and/or the website https://www.silverliningride.com.au/ and paying the entry fee, you hereby acknowledge your acceptance of the Competition Terms.

The Competition Terms govern OCRF’s competition for the chance to win a Wahoo Indoor Cycling Essentials Bundle (“the Prize”) valued at $2,087.88.

The Prize

The Prize is a Wahoo Indoor Cycling Essentials Bundle, supplied by Wahoo (“the Sponsor”). 

The Bundle includes:

• 1x Wahoo Kickr;
• 1 x Wahoo Mat; and
• 1 x Wahoo Desk.

The Prize is valued at $2087.88.

The Prize cannot be exchange for cash or other credit.

Entry

The Competition opens at 12.01am AEST on Friday, 1 September 2021 and closes at 11.59pm AEDT on Tuesday, 30 November 2021.

Entry is open to participants in the Event. 

To be eligible for the Prize draw, participants must:

• be a resident of Australia;
• be formally registered as a participant in the Event, with an active fundraising page; and
• have reached a fundraising total of more than $5,000 by 11.59pm AEDT on Tuesday, 30 November 2021.

There is no charge to enter the Competition, however registration fees may apply for participation in the Event.

Entry into the prize draw is automatic once a participant reaches a fundraising total of more than $3,000.

Should a participant in the Event raise more than $3,000 and wish to be removed from the Prize draw, they must notify OCRF in writing via community@ocrf.com.au by 5.00pm AEDT on Wednesday, 1 December 2021.

You are not eligible for the Prize draw if you are an employee, or partner or immediate family member of an employee of OCRF or any third party company or agency directly connected with the creation or administration of the Competition, nor if you are a registered participant in the 2021 Silver Lining Ride physical cycling event.

The Winner

The winner of the Prize will be selected at random via a secure online draw 11.30am AEDT on Friday, 3 December 2021.

The winner will be notified by OCRF via the email address provided at the time of registering for the Event.

Should OCRF be unable to contact the winner by 5.00pm AEDT on Thursday, 23 December 2021, OCRF reserves the right to repeat the selection process and choose a replacement winner.

Following the Prize draw, the winner’s name will be available upon request by emailing community@ocrf.com.au.

Neither OCRF nor the Sponsor is liable for any damages that may occur as a result of:

• you entering and/or participating in the Event;
• the Prize being lost or damaged (including while the Prize is in transit); or
• use of the Prize.

Personal Information

Any personal information you provide in the course of the Competition and the Event will be subject to these Competition Terms and to OCRF’s Privacy Policy.

You agree that if you are selected as the winner, OCRF will:

• use the contact details you provided as part of your entry to contact you; and
• provide your contact details to the Sponsor for the purpose of shipping the Prize.

If you are the winner, you may also be required to participate in publicity in connection with the Competition.  You agree that OCRF and the Sponsor can use your name on social media as “the winner” and in all media and press releases about or reporting on the Competition, the Event or OCRF.

By entering the Competition, you agree to your personal information being used for the purposes described in these Competition Terms, including the purposes of assessing your eligibility, administering the Competition, prize fulfilment, and for contacting you if you are selected as a winner.

Additional Terms

By participating in the Competition you warrant that all personal information submitted by you is true, current and complete and that the email address you registered with is accurate and valid.

OCRF reserves the right to cancel the Competition and/or amend the Competition Terms at any time without prior notice to you where OCRF reasonably considers such cancellation or amendment is necessary.

The winner acknowledges that all intellectual property rights belonging to OCRF, including but not limited to the Silver Lining Ride and OCRF logos.  Any audio-visual material containing images of the Competition winner are and shall remain OCRF’s sole and exclusive property.

OCRF does not accept responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission or mail delivery, communications line failure, theft, destruction, corruption, alteration of, or unauthorised access to entries, or entries lost or delayed whether or not arising during operation or transmission as a result of server functions, virus, bugs or other causes outside its control.

OCRF and the Sponsor shall not have any liability, and do not accept any responsibility, for any damage, loss, injury or disappointment suffered by any participant in this Competition or resulting from the Prize.  

In the event of any dispute, whether such dispute concerns the conduct or eligibility of participants, results of the Competition, or any and all other matters relating to the Competition, the decision of OCRF shall be final and no correspondence or discussion shall be entered into.

The Competition Terms are subject to the law of Victoria, Australia, and the parties irrevocably submit to the exclusive jurisdiction of the Courts of Victoria, Australia.