PRIZE DRAW TERMS AND CONDITIONS

 

GENERAL

  • The Grand Winter Ball Raffle is conducted by STEPS Pathways Charity (Organiser, we, us or our) of 9 George Street, Caloundra QLD 4551.
  • By purchasing a ticket in the Raffle, you are deemed to have read and understood these terms and conditions (Terms) and have agreed to be bound by them.
  • These Terms are subject to and must be read together with:
    • any specific terms or conditions which (either expressly or impliedly) apply to the Raffle and have been notified to you in writing;
    • our general terms and conditions, as published on our website and amended from time to time; and
    • the laws of QLD, which apply to the conduct of the Raffle and the construction of any applicable terms.
  • The Raffle is promoted in aid of the Organiser’s charitable causes. For more information about us or the Raffle more generally, please visit our website or contact us via one of the following methods:
  • Our website can be accessed at the following link: [STEPS Group Australia]

 

CONDITIONS OF ENTRY

  • Tickets in the Raffle are available for purchase from 08:00amAustralian Eastern Standard Time (AEST) on Tuesday 15 April 2025 until [10:00pm] AEST on 26 July 2025 (Raffle Period).
  • We accept no responsibility for any attempts by a person to purchase a ticket in the Raffle which are not received during the Raffle Period for any reason whatsoever, including but not limited to, any lost, late, or misdirected entries. We also accept no responsibility for any technical difficulties which arise in respect of the ticket ordering process and we do not warrant or guarantee that the ordering process will be available at all material times in respect of the Raffle.
  • To be eligible to participate or purchase any ticket in the Raffle, you must meet the following requirements::
    • You must be at least 18 years of age.
    • You must be an Australian citizen or a qualifying foreign person under the Foreign Acquisition and Takeovers Act 1975 (Cth).
    • The following persons and any members of their immediate family (defined as the person’s spouse or a family member residing at the same premises as the person) are ineligible to purchase tickets for themselves or on behalf of any other person:
      • a person directly engaged in the conduct of the Raffle; or
      • an employee or office bearer of the Organiser; or
      • an internal auditor(s); or
      • a person otherwise excluded by any relevant law, regulation or instrument from time to time (as applicable).
  • By purchasing a ticket in the Raffle, you warrant that you are not prohibited from accepting any of the Raffle prizes.
  • By purchasing a ticket in the Raffle, you acknowledge and agree that:
    • Raffle prizes are only transferable to the person named on the winning ticket;
    • if you win and accept a prize, you consent to the publication of your initials and general geographic location being published on our website;
    • if you win and accept a prize [that is not readily capable of delivery], you are solely responsible for the collection of the prize and any costs incurred in connection with such collection including any necessary travel to our George Street, Caloundra office to claim a prize and the costs and expenses incurred in connection with any such travel; and
    • where a prize is land in Australia and a “foreign person” (as defined in the Act) is drawn as the winner:
  • the winning foreign person may be required to obtain approval (at their own cost) from the relevant authority(s) under the Act (and related or replacement legislation relevant to the acquisition of land by foreign persons as in force at the date of the Raffle draw) to acquire and hold land in Australia, prior to being eligible to receive that prize;
  • if such approval is required, the winning foreign person must promptly make application to the relevant authority and obtain requisite approval within a reasonable time before that prize can be transferred to that person, and we are not obligated to assist. If such approval is not obtained within a reasonable time as determined by us (or at all), the winning foreign person is deemed to have elected to accept an alternate prize as negotiated in good faith between them and us; and
  • we are not responsible for payment of any taxes or levies imposed as a consequence of acquisition of land by a foreign person.

TICKETS

  • To enter the Raffle and be eligible to win a prize, you must complete the prescribed entry form and purchase at least one ticket in the Raffle from the Organiser.
  • The number of tickets available in the Raffle is 1000 Each successfully purchased ticket in the Raffle will be included in the random draw process and has an equal chance of winning.

 

DRAW AND PRIZES

  • The prizes for the Raffle are as follows (and will be drawn in the following order):
  • First prize: AmaWaterways River Cruise for two including $5000 travel voucher.
  • We reserve the right to disqualify any persons who have purchased tickets in the Raffle if they have breached any clause of these Terms or any other terms applicable to the Raffle in our reasonable opinion. By purchasing a ticket in the Raffle, entrants acknowledge and agree that such a decision by us is final and binding.
  • We will notify prize winners within 24 hours after the Draw Date either by email, phone or registered post at our discretion.
  • By accepting and collecting a Raffle prize, the prize winner acknowledges that they are responsible for the costs associated with (as applicable) arranging insurance, transfer of registration and any liabilities arising after the collection of the prize. We may, in our reasonable discretion, pay for the costs of rectifying any proven defects in prizes provided that such defects are notified to us in writing no later than [three (3)] months after the Draw Date. To avoid any doubt, we do not accept responsibility for any damage (including any general ‘wear and tear’) to prizes caused by a prize winner or their agents whatsoever.
  • The right to a prize cannot be assigned nor can a prize be transferred or exchanged.
  • The following rules apply in respect of any prizes won by a person:
    • Non-cash prizes and are not redeemable for cash unless otherwise stated and permitted by all applicable laws. All costs, expenses, taxes, levies and imposts associated with the prizes not specifically referred to as being the responsibility of us are the responsibility of the relevant prize winner;
    • Travel prizes will be awarded in the form of a voucher, are not redeemable for cash and must be booked directly with our selected supplier, subject to their terms and conditions.

 

DISCLAIMERS

  • This raffle is hosted on a platform provided by Givergy who receive a fee for this service.
  • All Raffle prizes are paid by the Organiser and none of the providers of prizes are promoters of the Raffle.
  • Any product or brand names, logos, images, and other trademarks featured or referred to on our website or promotional material related to the Raffle are the property of their respective trademark owners. We do not represent an affiliation with any trademark owner referenced on our website or promotional materials. The trademark owners do not sponsor, approve, or endorse the Organiser.
  • All Raffle prizes are valued by us at the retail price (including GST) recommended by the relevant manufacturers and/or suppliers.
  • Whilst we try our best to ensure that any information we publish in relation to Raffle prizes is true and correct, we do not warrant its accuracy or completeness, and we do not take any responsibility for any inaccuracies, omissions, variations, or errors in the information we provide. Any photographs, props or illustrations are for marketing and promotional purposes only and do not necessarily depict precise nature or detail of prizes. Any person who wishes to rely on any information regarding any Raffle prizes should make their own enquiries to satisfy themselves as to its accuracy and correctness and how it may apply to them.
  • By purchasing a ticket in the Raffle, you acknowledge and agree that:
    • we may collect, use and disclose the information you provide on the terms and for the purposes (including promotional or marketing materials) set out in our Privacy Statement available on our website; and
    • We are permitted to contact you before or after the Raffle unless you advise us that you do not wish to be contacted.
  • To the extent permitted by law including under the Australian Consumer Law (schedule 2 of the Competition and Consumer Act 2010 (Cth)), we will not be liable for any loss or damage of any nature and however caused to any person in relation to, or in connection with, the Raffle including but not limited to any direct, indirect or consequential loss or damage, or personal injury. To avoid any doubt, we will not be liable to any person who wins a Raffle prize and suffers any subsequent financial loss or consequences including but not limited to any:
    • Taxation liabilities or levies that may accrue to the winner; and
    • detriment suffered in relation to any pension, benefit allowance, superannuation or similar entitlement.
  • Any Raffle tickets purchased using credit card are final and not disputable. However, if a person who purchases a ticket believes that they have a gambling problem or are overextended financially, they will be given an opportunity to amend or cancel their ticket purchase by contacting us by email at charity@pathwayscharity.com.au or by phone on 07 5458 3000.
  • Phe Organiser encourages all participants in our Raffle to participate responsibly and within their financial means. For information on playing responsibly, call the Gambling Hotline on 1800 858 858 or visit gamblinghelponline.org.au.lay responsibly.
  • The Organiser reserves the right to cancel any draw at any time for any reason subject to any direction under any applicable State or Territory law.

 

PRIVACY

  • Pursuant to the Privacy Act 1988 (Cth), your personal information may only be stored, accessed, used, or disclosed internationally where such actions are done so in accordance with the Privacy Act, our Privacy Policy, and Australian law. We will collect your personal information to facilitate the purchase of your ticket in the Raffle and may also use your personal information for any other purposes set out in these Terms or to contact you about other activities and services of the Organiser. If a purchaser of a ticket does not wish to be contacted about other activities and services of the Organiser, they will have an opportunity to opt out of such communications or can email us at charity@pathwayscharity.com.au.

 

AUCTION TERMS AND CONDITIONS

These Terms and Conditions are applicable to any use by you of the online auction (“Auction”) and bidding facility (the “Bidding Facility”) hosted by the Charity (the “Charity”). Use of the Bidding Facility constitutes acceptance of these Terms & Conditions. If you do not agree to be bound by these Terms and Conditions, you may not use the Bidding Facility. 

 

1. Auction

The online auction operated on the site is for the benefit of the Charity for whom the Auction is being run. 

A number of Auction Items offered for sale on the site (“Items”) are subject to a reserve. All monies paid by a winning bidder and above the reserve price will be donated to the Charities. 

Bidders may bid for more than one Item in the Auction. 

The winning bidder on each Item offered for sale in the course of the Auction will be the person who has submitted the highest bid at the deadline and is in excess of any reserve. 

 

2. Eligible Bidders

All bidders must be capable of forming legally binding relations under applicable law. The Bidding Facility may not be used by individuals under the age of 18 years old and by any other persons who are legally prohibited from, or otherwise incapable of, entering into binding contracts. 

Any bidder using the Bidding Facility is warranting by so doing that they are legally entitled to do so. 

As bidder you agree that we can process your personal data for the purpose and specifically for this Auction. 

We do not and will not store your credit or debit card details beyond taking payment during this auction. 

 

3. Bidding

Bidders wishing to bid on an Item may make a bid for an Item through the Bidding Facility. 

All Items offered in an Auction are listed and offered for sale on an “as is” basis. Bidders are advised to conduct any research or due diligence on an Item prior to making a bid. 

A bid made by a bidder is an offer to purchase the Item listed at the stated bid price. Any bidder making a bid for an Item acknowledges and agrees that their offer is an irrevocable offer to complete the transaction if they are the winning bidder whereupon the bid will become a contractually binding obligation to purchase the Item at the bid price. 

If a bidder bids on an Item and that bid represents the winning bid for that Item and the winning bid is above or equal to the reserve, the bidder’s bid is deemed accepted. 

The ‘winning bidder’ is the person certified by the Charity at the end of the Auction to be the highest bidder, provided that their bid meets the reserve. The winning bidder may include any under-bidder who is awarded the Item.

Bidders may pre-authorise or pay by credit cards using the payment system provided by Stripe; by paying you are agreeing to Stripe’s terms and conditions, please see https://stripe.com/en-gb/checkout/legal

We, the Charity, will not retain your payment records. Stripe may retain your details as per their terms and conditions and please see them for more information.

If the Charity has not received payment from the winning bidder after a reasonable period of time, such time to be determined by the Charity in its absolute discretion, then the Charity has the right to award the prize to the next highest bidder or another in its absolute discretion.

 

4. Auction Items and Descriptions

Atems for sale in the Auction are listed on the site with a description and a minimum bid. 

The Item is offered for sale by the Charity on the basis that it is raising money for good causes.

The Charity will, wherever possible, provide a representational image of the Item offered for sale in the Auction but shall have no liability if it does not do so. 

All Images are subject to copyright of the artist. 

Whilst the Charity strives to ensure that descriptions and photographs are accurate, complete and up-to-date, it does not guarantee that this is the case, and will not be responsible for any damage or loss caused due to a bidder by reason of a description of an Item being inaccurate, incomplete or for the Item being otherwise in any way different to the bidder’s expectation. Descriptions of Items are provided without a warranty of any kind.  

While every effort is made by the Charity to ensure that the Item, including any experience or otherwise, works and is in good order and is capable of fulfilment and provides what you would reasonably expect, you acknowledge that the Items by definition are marketed as money can’t buy Items and as such they come with a significant risk attached and that risk is that they may not be as you expect or they may for some reason become impossible to provide or fulfil; in this scenario, or in any scenario, the Charity will not and cannot provide any refund and the Bidder agrees to not receiving any refund, without exception.

Some Items may have a redemption period within which you must redeem the Item and some will also have a date by which you must take up the Item. If you do not redeem the Item in time or take it up in time, you agree that you forfeit that Item and as per the above you will receive no refund.

In redeeming some items, you will be agreeing to the terms of an approved supplier of that Item and such terms will be clear for you to accept or reject at that time.

In no event shall the Charity (including, its employees, affiliates and volunteers) be liable for any claim, demand or damages arising out of or in any way connected with the Auction or Bidder’s purchase of an item.

 

5. Bidding Deadlines

Deadlines for receipt of bids made for an Item offered in the Auction are at the sole discretion of the Charity and will not normally be extended under any circumstances. No bids will be accepted on an Item after the deadline. 

After the Auction closes the Charity will contact the winning bidder to inform the bidder that their bid was the highest and that they are, therefore, the winning bidder. 

 

6. Gift Aid

By agreeing to Gift Aid, the bidder is confirming that they are a UK taxpayer and understand that if they pay less Income Tax and/or Capital Gains Tax in the current tax year than the amount of Gift Aid claimed on all their donations it is their responsibility to pay any difference. The bidder understands that other taxes such as VAT and Council Tax do not qualify. The bidder understands that Gift Aid is reclaimed by the Charity from the tax they pay for the current tax year. 

Gift Aid on lot items is only applicable in a limited number of situations; the Charity will claim wherever possible; for more info see http://www.hmrc.gov.uk/charities/gift_aid/rules/auctions.htm. 

 

7. Applicable Law

This Agreement between you the bidder and the Charity shall be interpreted and construed in all respects in accordance with English law and any dispute arising in relation to any aspect of the use of the Auction, the Bidding System, bids made by a bidder in the course of an Auction, any Item, payment delivery or any other matter relating to the Auction shall be subject to the exclusive jurisdiction of the English courts to which the parties hereby irrevocably submit. 

 

8. Variation of Terms

These Terms and Conditions may be revised and updated by the Charity from time to time without notice. Bidders who have previously bid in the Charity Auction are accordingly advised to familiarise themselves with the prevailing edition of these Terms and Conditions when deciding to participate in an Auction. Notwithstanding the foregoing the edition of the Terms and Conditions that was current at the time an Auction commenced will continue to apply throughout that Auction and to all Items sold pursuant to it even if later edition of the Terms and Conditions is implemented before the Auction is completed. 

 

10. Third Party Rights

No person who is not a party to an Agreement shall have any right pursuant to the terms of the Contracts (Rights of Third Parties) Act 1999 to enforce any term of such Agreement.