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PLANE PULL FUNDRAISER – TERMS AND CONDITIONS

DEFINITIONS

“Content” refers to photos, blogs and other information uploaded to the Participant’s profile page on the Website.

“Donor” means an individual or entity making a donation towards the Event, including by way of supporting a Participant.

“Event” means the plane pull fundraiser event where Participants raise funds for the Organiser and includes the Plane Pull Competition.

“Organiser” means the Royal Flying Doctor Service (Queensland Section) (ABN 80 009 663 478) and includes, where appropriate, its employees, agents, contractors and officers.

“Participant” refers to the eligible entrant in the Event who is registered and meets all requirements of the “Participation Requirements” section of Part B below.

“Plane Pull Competition” means the plane pull competition conducted by the Organiser on 17 November 2024 at RFDS Bundaberg Base and involving teams of Participants pulling an aircraft (owned and controlled by the Organiser) across a 24 metre tarmac.

“Plane Pull Competition Terms and Conditions” means the terms and conditions that apply to the Plane Pull Competition as set out in Part D below.

“Team” means a team of Participants who will participate in the Plane Pull Competition that is registered and meets all requirements detailed in the “Team Registration” section of Part B below.

“Team Captain” means the Participant of a Team who is nominated as the ‘Team Captain’, pays the registration fee, makes decisions and communicates with the Organiser in relation to the Event on behalf of the Team.

“Waiver” means the document titled “Release and waiver – Plane Pull Fundraiser for Royal Flying Doctor Service (Queensland Section) – (Plane Pull Competition Participants)”, a copy of which is available on the Website.

“Website” means website https://www.rfdsplanepull.org.au.

These terms and conditions are split into four parts:

1. Part A applies to Donors;
2. Part B applies to Participants;
3. Part C applies to both Donors and Participants; and
4. Part D sets out the Plane Pull Competition Terms and Conditions.

PART A – DONORS

The terms and conditions in this Part A apply to Donors.

PRIVACY AND PERSONAL INFORMATION

1. The Organiser collects personal information about Donors, including the information they provide when making a donation towards for the Event.
2. The Organiser collects this personal information for the purpose of processing donations, facilitating the Organiser's internal business operations, including the fulfilment of any legal requirements, as well as providing Donors with information about how they can support the Organiser to help make a difference to rural and remote Australian communities.
3. By making a donation towards for the Event, the Donor consents to the Organiser using and disclosing their personal information to the Organiser’s agencies, affiliated organisations and other third parties engaged to provides services in connection with the Event, including to contact the Donor in relation to the Event.
4. If the personal information provided to the Organiser is incomplete or inaccurate, the Organiser may not be able to process the Donor’s donation.
5. The Organiser may disclose the Donor’s personal information overseas to third parties located in the Untied States, in order to administer and manage the Event.
6. More detailed information about the way the Organiser uses, discloses and secures personal information, how the Donor can access and correct that information, and how the Donor can make a complaint about a breach of the Australian Privacy Principles can be found in the Organiser’s privacy policy available at https://www.flyingdoctor.org.au/privacy-policy/.

EFFECT OF TERMS AND CONDITIONS

7. By making a donation towards the Event, the Donor agrees to comply with and be bound by these terms and conditions.
8. If the Donor does not agree to these terms and conditions, the Donor must not donate towards the Event.
9. The Donor acknowledges and agrees that the Organiser may amend these terms and conditions from time to time. Any amendments become effective when posted on the Website, and the Organiser encourages Donors to access and review the Website regularly to keep up to date.
10. In the event that the Organiser makes changes to these terms and conditions, the Donor is not required to accept them if the Donor does not agree with them but the Donor will not be able to, and must not continue to, donate towards the Event unless the Donor agrees to comply with and be bound by the then-current terms and conditions.

DONATIONS

11. The Organiser will determine where donations are directed in its absolute discretion.

PART B – PARTICIPANTS

The terms and conditions in this Part B apply to Participants.

EFFECT OF TERMS AND CONDITIONS

1. By registering for and participating in the Event, the Participant agrees to comply with and be bound by these terms and conditions.
2. If the Participant does not agree to these terms and conditions, the Participant must not register for or participate in the Event.
3. The Participant acknowledges and agrees that the Organiser may amend these terms and conditions from time to time. Any amendments become effective when posted on the Website, and the Organiser encourages Participants to access and review the Website regularly to keep up to date.
4. In the event that the Organiser makes changes to these terms and conditions, the Participant is not required to accept them if the Participant does not agree with them but the Participant will not be able to, and must not continue to, participate in the Event unless the Participant agrees to comply with and be bound by the then-current terms and conditions.

PARTICIPATION REQUIREMENTS

5. Only Participants can participate in the Event and only as part of a registered Team.
6. An individual will be a Participant in the Event once all of the following participation requirements have been satisfied:
   1. The individual certifies that they are, or will be, 18 years of age or older at the time of the Plane Pull Competition.
   2. The individual registers on the Website and as part of the registration process, the individual:
      1. reads, understands, agrees to comply with and be bound by the Plane Pull Competition Terms and Conditions;
      2. reads, understands, agrees to comply with and be bound by the Waiver; and
      3. agrees to return a signed copy of the Waiver to the Organiser before registrations for the Event close and in the manner directed by the Organiser; and
      4. joins a registered Team and that Team satisfies all requirements of the “Team Registration” section of this Part B below.
   3. The Organiser:
      • receives a signed copy of the Waiver from the individual; and
      • confirms in writing to the individual that they have been accepted as a Participant in the Event.
7. The Organiser may, in its absolute discretion and without giving reasons for its decision, accept or refuse an individual’s registration for the Event and may seek verification of the above participation requirements in whatever manner it sees fit.
8. The Organiser may, in its absolute discretion and without giving reasons for its decision, cancel a Participant’s registration for the Event.
9. Where the Organiser refuses or cancels a registration for the Event, all funds raised by the affected individual will still go directly to the Organiser, who maintains sole discretion and control over how the funds raised will be used.

TEAM REGISTRATION

10. Participants can only participate in the Event as part of a registered Team.
11. A Team will be registered to participate in the Event once all of the following requirements have been satisfied:
    1. The Team comprises of a minimum of four Participants (unless expressly permitted otherwise by the Organiser).
    2. The Team registers on the Website and as part of the registration process:
       1. the Team nominates a Team Captain; and
       2. the Team Captain pays the registration fee for the Event as specified on the Website.
    3. The Organiser confirms in writing to the Team Captain that the Team has been accepted to participate in the Event.
12. Each Team and its Participants will appear on the Website.
13. For the avoidance of doubt, each Participant (including the Team Captain) must individually satisfy all requirements detailed in the “Participation Requirements” section of this Part B above.

PRIVACY AND PERSONAL INFORMATION

14. The Organiser collects personal information about Participants, including the information they provide when registering for the Event.
15. The Organiser collects this personal information for the purpose of processing registrations, organising the Event, providing services to Participants, awarding prizes and rewards to Participants (where applicable), facilitating the Organiser's internal business operations, including the fulfilment of any legal requirements, as well as providing Participants with information about how they can support the Organiser to help make a difference to rural and remote Australian communities.
16. By participating in the Event, the Participant consents to the Organiser using and disclosing their personal information to the Organiser’s agencies, affiliated organisations and other third parties engaged to provides services in connection with the Event, including to contact the Participant in relation to the Event.
17. If the personal information provided to the Organiser is incomplete or inaccurate, the Organiser may not be able to process a Participant’s entry and the Participant may not be able to participate in the Event.
18. The Organiser may disclose the Participant’s personal information overseas to third parties located in the Untied States, in order to administer and manage the Event.
19. More detailed information about the way the Organiser uses, discloses and secures personal information, how the Participant can access and correct that information, and how the Participant can make a complaint about a breach of the Australian Privacy Principles can be found in the Organiser’s privacy policy available at https://www.flyingdoctor.org.au/privacy-policy/.
20. By participating in the Event, the Participant agrees that:
    1. they may be contacted by the Organiser (or an agent of the Organiser) to provide comments about the Event, and the Organiser (or an agent of the Organiser) may take photos or recordings of them;
    2. the Organiser may use any comments obtained from them, their name, and/or likeness and any photos or recordings of them (“Materials”) for the Organiser’s future promotional and marketing purposes without further reference or compensation to them;
    3. the Organiser may duplicate, alter, adapt and utilise the Materials as the Organiser wishes at any time, anywhere and by any means (including communicating them to the public in any media), and the Organiser may license, authorise or otherwise transfer the rights in the Materials to others to do the same;
    4. they grant to the Organiser on creation of the Materials a worldwide, perpetual, royalty-free, exclusive and irrevocable licence to use the Materials for whatever purpose it determines;
    5. they unconditionally and irrevocably:
       1. consent to any act or omission that would otherwise infringe any of their moral rights in the materials (as defined in Part IX of the Copyright Act 1968 (Cth)) and any present and future rights of a similar nature conferred by statute anywhere in the world whether occurring before or after this consent is given (“Moral Rights”); and
       2. waive all Moral Rights in the Materials that arise;
    6. they agree not to institute, maintain or support any claim or proceeding for infringement of their Moral Rights in the Materials; and
    7. the Organiser may use their name, likeness, image and/or voice in any media for an unlimited period of time without remuneration or compensation for the purpose of promoting the Organiser, the Event (including any outcome) and/or any products manufactured, distributed and/or supplied by the Organiser.

CONTENT AND DATA

21. The Participant agrees that while the Organiser will provide access to the Website to record registration and fundraising information in good faith, the Organiser cannot be held responsible for the loss of data which may eventuate from the Website itself.
22. The Organiser does not claim ownership of Content the Participant may submit or make available for inclusion on the Website. However, with respect to Content the Participant submits, the Participant grants the Organiser a worldwide, perpetual, royalty-free, non-exclusive and irrevocable licence, as applicable, to use, distribute, reproduce, modify, adapt, publicly perform and publicly display and otherwise exploit such Content for the purposes of promoting the Event.
23. Any content a Participant posts to the Website (e.g. photos and videos) is the Participant’s responsibility, and they must make sure that they have the necessary rights to post that content (e.g. by obtaining permission of copyright owners if necessary).
24. The Organiser reserves the right to delete any Content posted by a Participant which, the Organiser at its discretion determines, violates someone else’s right, is hateful, threatening, pornographic, violent, inappropriate, offensive, abusive or otherwise violates the law.

FUNDRAISING

25. The Participant acknowledges and agrees that they can fundraise for the Organiser as a result of participating in the Event and will use their best efforts to work with their Team to raise funds for the Royal Flying Doctor Service (Queensland Section) (ABN 80 009 663 478).
26. All fundraising conducted through the Website and will be subject to any terms and conditions that attach to the Website, including those associated with the ‘funraisin’ platform.
27. The Participant acknowledges that the funds raised will go directly to the Organiser, who maintains sole discretion and control over how the funds raised will be used.
28. The Organiser strongly encourages the Participant to utilise the Website to track and collect donations towards the Event.
29. Where the Participant receives a direct donation towards the Event (for example, through their personal bank accounts or cash donations), the Participant must promptly notify the Organiser and follow the Organiser’s directions to ensure that:
    1. the donation is forwarded to and received by the Organiser; and
    2. the Donor is provided a tax receipt where applicable.

MISCELLANEOUS

30. The Participant’s registration to the Event is personal and non-transferrable. The Participant must not attempt to transfer their entry to any other person without the knowledge and consent of the Organiser.
31. The Organiser reserves the right to disqualify Participants from participating in the Event if they:
    1. breach, or are reasonably suspected of breaching, these terms and conditions; or
    2. engage any unlawful or improper conduct which jeopardises, or is likely to jeopardise, the fair or proper conduct of the Event.

PART C – GENERAL

The terms and conditions in this Part C apply to both Participants and Donors.

INTELLECTUAL PROPERTY RIGHTS

32. All intellectual property rights in the Website and the content provided on it (including information, logos, trademarks, design, text, images, and statistics) are owned or licensed by the Organiser and may not be used without the Organiser’s consent.
33. All promotional material, advertisements, media materials and press releases to be used by a Donor or Participant in relation to the Event must be submitted to the Organiser for written approval before public distribution or circulation.

MISCELLANEOUS

34. If, for any reason, the Event or the Plane Pull Competition are not capable of being run as planned, the Organiser reserves the right to take any action that may be available to it including cancelling, modifying or suspending the Event or Plane Pull Competition. In any such circumstances, all donations made by Donors and all funds raised by Participants will still go directly to the Organiser, who maintains sole discretion and control over how those donations and funds raised will be used.
35. The Organiser’s decisions in relation to all aspects of the Event are final and binding on each Participant and Donor and no correspondence will be entered into.
36. If any clause of these terms and conditions is deemed unenforceable, it does not affect the operation of the other clauses.
37. These terms and conditions are subject to the laws of Queensland, Australia. The Organiser, Participants and Donors submit to the exclusive jurisdiction of the courts located in Queensland, Australia and the courts of appeal therefrom for the resolution of any dispute under these terms or concerning the Event.

PART D – PLANE PULL COMPETITION TERMS AND CONDITIONS

This Part D sets out the Plane Pull Competition Terms and Conditions. The terms and conditions in this Part D apply to all Participants in the Plane Pull Competition.

INTRODUCTION

1. Information on how to enter the Plane Pull Competition, the risks to Participants, competition rules and prizes form part of these terms and conditions. By participating in the Plane Pull Competition, the Participant agrees to be bound by these terms and conditions and those in Parts B and C above. Entries must comply with these terms and conditions and those in Parts B and C above to be valid.
2. The Organiser of the Plane Pull Competition is the Royal Flying Doctor Service (Queensland Section) (ABN 80 009 663 478) of Level 4, 5-7 Lobelia Circle, Brisbane Airport QLD 4008. To contact the Organiser, please email supporter@rfdsplanepull.org.au.

COMPETITION DATES

3. The Plane Pull Competition will be held on 17 November 2024 at the RFDS Bundaberg Base, 20 Aviation Crescent, Kensington (Competition Day).
4. Registrations for the Plane Pull Competition open at 09:00am AEST on 24 July 2024 and close at 09:00am AEST on 13 November 2024 (Registration Period).

ELIGIBILITY AND HOW TO ENTER

5. To enter the Plane Pull Competition, all requirements of the “Participant Requirements” and “Team Registration” sections of Part B above must be satisfied during the Registration Period.

RISK AND RESPONSIBILITY

6. The Participant is responsible for ensuring that they have adequately and appropriately prepared both physically and mentally for the Plane Pull Competition.
7. The Participant should seek professional advice from a medical practitioner before registering for and participating in the Plane Pull Competition.
8. The Participant acknowledges that the Plane Pull Competition will take place at an operational airport and agrees that it is their responsibility to take appropriate precautions while participating in the Plane Pull Competition, including:
   1. being aware and vigilant of their surroundings; and
   2. following all directions from relevant persons (including the Organiser and airport staff).
9. The Participant acknowledges that they will adhere to all lawful instructions from the Organiser, airport staff, or other relevant persons in relation to the Event.
10. The Participant acknowledges that they will adhere to all current public health directions and all current health and safety guidelines set out by relevant state and territory governments.
11. The Participant understands that the Organiser has not obtained personal accident insurance or any other insurance covering the Participant’s participation in the Event and it is the Participant’s responsibility to obtain any and all insurance which is appropriate for that purpose.

COMPETITION DETAILS

Competition format

12. The Plane Pull Competition is a game of skill where each Team will pull an RFDS aircraft (either a B360 or a B200 depending on RFDS operational needs on the day of the event) weighing anywhere between 5.5 tonne to 6.5 tonne over a maximum distance of 24 meters (Maximum Distance) on tarmac as fast as they can using only the Participants in their Team and the equipment provided by the Organiser.
13. The Maximum Distance will be clearly marked out on the tarmac with lines on the ground. The aircraft front wheels will start behind the start line and the finish being once the aircraft front wheels cross the finish line.
14. Each Team will be allotted a specific time slot on the Competition Day during which they must attend, prepare for and perform their turn in the Plane Pull Competition. The Organiser will nominate each Team’s time slot in its absolute discretion.
15. Each Team must follow all instructions given during their time slot and will have one opportunity to pull the aircraft (unless the Organiser expressly provides otherwise, or a tiebreaker is required).
16. Each Team will have 5 minutes (Set Time Limit) to pull the plane as far as possible up to the Maximum Distance.
17. Each Team’s turn ends on the earlier of:
    1. that Team pulling the plane the Maximum Distance; or
    2. expiry of the Set Time Limit.

Equipment and attire

18. The Organiser will provide the following equipment for the Plane Pull Competition:
    1. the plane;
    2. ropes to pull the plane;
    3. gloves for the Participants to wear; and
    4. any other equipment the Organiser considers appropriate.
19. The Participant must wear appropriate attire for the Plane Pull Competition including:
    1. athletic clothing capable of providing protection from the sun, rain and other elements;
    2. closed-toe footwear suitable for outdoor activity on tarmac; and
    3. protective equipment (such as gloves).

Determining the winning Team

20. The Organiser will determine the winning Team based on the fastest time to pull the plane the farthest distance, then the second place Team based on the second fastest time to pull the plane the farthest distance, and so on.
21. If two or more Teams pull the plane the Maximum Distance, the Organiser will determine the winning Team as the Team that did so the quickest.
22. If no Team pulls the plane the Maximum Distance, the Organiser will determine the winning Team as the Team that pulls the plane the farthest distance within the Set Time Limit.
23. Where the Set Time Limit expires, the distance of each Team’s plane pull will be measured from the front wheel of the plane once the plane comes to a standstill (i.e. the pilot will apply the brakes when time expires provided all Participants in the Team have stopped pulling).
24. If any Participant of a Team continues to pull the plane after the Set Time Limit expires, then that Team may be disqualified and/or may have a time penalty applied to their performance in the Organiser’s absolute discretion.
25. Official timers and distance markers will be used to measure each Team's performance.
26. Each Team’s performance will be recorded by a representative of Organiser who will notify each Team of their results and overall places (including the winning Team).
27. Each Team’s performance and overall places (including the winning Team) will also be posted to the Website after the Competition Day.

Tiebreaker

28. In the event of a tie where multiple Teams have pulled the plane the same distance in the same amount of time, a tiebreaker round will be conducted.
29. Teams involved in the tiebreaker round will be given one additional turn subject to the same rules in order to determine the winning Team.

Cheating

30. Cheating in any form is strictly prohibited. This includes the use of unauthorised equipment, tampering with equipment or any other form of unfair advantage as determined by the Organiser acting reasonably.
31. Any Participant found cheating will cause their Team to be immediately disqualified from the Plane Pull Competition.

Safety and compliance

32. All Participants must follow all directions (including in relation to safety and security) provided by the Organiser and airport staff in relation to the Plane Pull Competition.
33. Failure of a Participant to comply with such directions may result in disqualification of their Team from the Plane Pull Competition.
34. The plane will be manned by a pilot and an engineer will be present at all times during each Team’s turn of pulling the plane. The pilot has absolute discretion as to whether brakes may need to be applied during a Team’s turn of pulling the plane for safety or other reasons.
35. In the event that a Team’s turn is interrupted by an emergency or other circumstances (for example, a Participant injury), the pilot and engineer will take control of the plane and the Organiser will exercise ultimate discretion in whether to permit the relevant Team to have another turn.

PRIZES

36. All Participants will receive a medal from the Organiser for participating in the Plane Pull Competition. Medals will be presented on the Competition Day to those Participants still in attendance or otherwise promptly posted to Participants at the address nominated during their registration.
37. The Organiser will also award a trophy to the Team who place first, second and third in the Plane Pull Competition. Trophies will be presented on the Competition Day to the Team Captains still in attendance or otherwise promptly posted to the Team Captains at the address nominated during their registration.

MISCELLANEOUS CONDITIONS

38. The Organiser’s decision (including in relation to results and determining the winning Team) is final and binding and no correspondence will be entered into.
39. Should a Participant’s contact details change during the Competition Period, it is the Participant's responsibility to notify the Organiser.
40. Participants may have rights under the Australian Consumer Law and other similar legislation which cannot be excluded, restricted or modified by the Organiser. These terms and conditions do not exclude, restrict or limit those statutory rights in any way. However, to the extent that it is permitted to do so, the Organiser (including its officers, employees and agents) excludes all liability whether arising in tort (including without limitation negligence), contract or otherwise for any personal injury or any other loss or damage (including without limitation loss of opportunity or loss of profits) whether direct, indirect, special or consequential, arising in any way out of the Event, including, without limitation:
    1. any technical difficulties or equipment malfunction (whether or not under the Organiser’s control);
    2. any theft, unauthorised access or third party interference; and
    3. any registration that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Organiser) due to any reason beyond the reasonable control of the Organiser.
41. The Organiser reserves the right to disqualify any Participant who:
    1. does not act in accordance with these terms and conditions;
    2. is involved in any way in interfering or tampering with the conduct of the Plane Pull Competition;
    3. has breached any of these terms and conditions or those of Parts B and C; or
    4. engages in any unlawful or other improper conduct that may jeopardise the Plane Pull Competition.
42. If, for any reason, the Plane Pull Competition is not capable of being run as planned, the Organiser reserves the right to take any action that may be available to it including cancelling, modifying or suspending the Plane Pull Competition or any part of it.