2027 Variety 4WD Adventure | 27 February - 6 March 2027

Terms and Conditions

Disclosures:

We draw your attention to the following key terms before you register for an Event:

• If you register for an Event, you agree that the Event date and details may change, including because we Postpone or Cancel the Event, or make reasonable changes to the date, route, destination, activities, vehicles or bikes, safety requirements or inclusions for safety, operational, legal or force majeure reasons. We will notify you of any such changes as soon as reasonably practicable, using the email address provided at registration.
• Once paid Fundraising Contributions are non-refundable, even if the Event details or date changes or the Event is Postponed or Cancelled.
• Provisions Fee refunds are not owed as of right:
  • If you withdraw or cannot participate, your refund is limited to the tiered percentages in clause 10.7 (applied per instalment for staged invoicing under clause 10.8), and only applies to the portion of the fee we have not yet incurred or committed to a third party. Once incurred or committed by us, that portion is non-refundable regardless of how much notice you give. No refund is payable once the Event has commenced.
  • if we Postpone the Event, you are not entitled to a refund solely because the date has changed, as the Postponed Event remains the same Event;
  • if we Cancel the Event, we will refund the Provisions Fee paid to the extent required by the Australian Consumer Law.
• We may suspend or cancel a registration or your participation in an Event if your conduct does not meet the requirements in these Terms.
• We exclude our liability under these Terms. Our total liability to you under these Terms is capped at the Provisions Fee you paid (or $10 if you did not pay a Provisions Fee), except to the extent this cannot lawfully be limited.
• Events come with an inherent risk of participation that you must accept. By accepting these Terms, you also acknowledge and agree to the recreational services waiver in clause 11.

1. Terms
   • These Terms apply to your participation in all Events hosted by us.
   • These Terms include any Event specific requirements and all guidelines available on our website.
   • Nothing in these Terms excludes, restrict or modify any right or remedy that cannot lawfully be excluded, including rights under the Australian Consumer Law.
2. Definitions

3. Event Registration
   • You may register for an Event as set out on our website. Registration requires payment of the Initial Fundraising Contribution. If the Event is Team based, the Initial Fundraising Contribution is paid per Team as per clause 5.
   • Each member of a Team must register as an Entrant. If a Team member fails to separately register, we may refuse or withdraw that Team's participation in the Event and this will be deemed a withdrawal under clause 8.
   • It is your responsibility to check the registration details, (including Event details and Fundraising Contribution obligations), before you submit your registration through the website.
   • When you register and your Initial Fundraising Contribution payment has been validated, we will provide you with confirmation of your Event registration by email to the email address provided at the time of registration.
   • We are only responsible for the Provisions set out on the Event page of the website and do not provide any other services in respect of the Event.
   • An Entrant's place, or fundraising total, cannot be sold, assigned or transferred to a new person or Team without our prior written approval.
   • You acknowledge and agree that your Event registration does not include any transport to or from the Event or any accommodation except as set out in any Provisions you have paid for.
   • You acknowledge that the date of an Event is not guaranteed and may change after you register, including because we Postpone or Cancel the Event, or make reasonable changes under clause 7. We will notify you of any such change as soon as reasonably practicable, using the email address provided at registration.
4. Fundraising Contribution Obligations
   • All Fundraising Contributions are separate from, and do not affect, the Provision Fee component which is addressed under Section 10.
   • All Fundraising Contributions are made to support our charitable purpose and, once received, are non-refundable and non-transferable, including where an Event is cancelled, rescheduled or relocated, except where required by law or as otherwise set out in clauses 7 (transfer by us) and 9 (hardship transfers) of these Terms.
   • Donations may be tax deductible, and a tax-deductible receipt will be issued on receipt for any Fundraising Contributions that are tax deductible.
   • The Event registration page will confirm the Minimum Fundraising Amount and Initial Fundraising Contribution that may apply to the Entrant or Team.
   • For Team Events, the first Entrant to register creates the Team and is the Team captain. The Team captain must pay the Initial Fundraising Contribution on behalf of the Team at the time of registration of the Team. Other Entrants who subsequently register and join that Team are not required to separately pay the Initial Fundraising Contribution. The Initial Fundraising Contribution is not an additional charge on top of the Minimum Fundraising Amount for the Team and it reduces the remaining amount the Team must fundraise by the same amount.
   • An Entrant who has not previously participated in the relevant Event (or, for a Team, whose members) may be eligible for a reduced Minimum Fundraising Amount (the New Entrant Minimum Fundraising Amount) as shown on our website. We may require evidence of eligibility.
   • Unless we agree otherwise in writing, 50% of the Minimum Fundraising Amount is due three months before the Event start date, and the balance one month before the Event start date (each a Fundraising Contribution Milestone). The Initial Fundraising Contribution and any credited Event funds under Section 5 count towards these Fundraising Contribution Milestones.
   • An Entrant or Team who registers after a Fundraising Contribution Milestone has passed must pay the amount already due within 14 days of registration, or by another date we specify.
   • We may contact Entrants or Teams (via the Team captain) who fall behind a Fundraising Contribution Milestone and, after reasonable notice and a chance to discuss a recovery plan, either allow more time or suspend or cancel the registration.
   • Fundraising Contributions must be raised in our name and must be accounted for and paid to us. Entrants must not deduct personal expenses from donations.
   • Fundraising Contributions are made to us for our charitable purposes and are not held on trust for the Entrant, Team or a future event except as otherwise allowed in these Terms.
   • An Entrant (and a Team) may not start the Event unless all Fundraising Contribution amounts due have been received, or we have approved an alternative arrangement in writing.
   • If an Entrant withdraws, cannot participate or is removed for failing to meet an eligibility, safety, conduct, Fundraising Contribution Milestone payment or other Event payment requirement, all Fundraising Contributions already received, including the Initial Fundraising Contribution, are non-refundable and non-transferable, except where required by law or under the hardship provision in clause 9. This clause does not apply where we Postpone or Cancel an Event under clause 7, which instead governs the treatment of funds in that circumstance.
   • Fundraising Contribution amounts and inclusions may vary between Events. Any Event-specific schedule published before registration will prevail to the extent of an inconsistency.
   • All Fundraising Contribution amounts are stated in Australian dollars and Australian GST will be set out separately (where applicable).
   • If we offer payment for Fundraising Contributions via a payment processor on our website, the payment may be subject to the payment processor’s terms and conditions. You may be charged any processor fees in addition to the Fundraising Contribution amount, which will be set out at point of sale.
   • For the avoidance of doubt, to the maximum extent permitted by law, we do not offer refunds for Fundraising Contributions for a change of mind, inability to attend an Event or any other reason.
5. Transitional arrangements for eligible 2026 Events
   • An Entrant or Team with eligible funds held in an approved cancelled 2026 Event, will not be required to make a new Initial Fundraising Contribution when registering for a 2027 Event. Those funds will instead be applied towards the 2027 Minimum Fundraising Amount - this is not a cash refund, and the credited funds cannot otherwise be transferred. For the avoidance of doubt, it is the Entrant’s responsibility to register for the 2027 Event and failure to do so will mean that those eligible funds will not be available for use for the 2027 Event (or elsewhere).
   • The Entrant or Team must register for the nominated 2027 Event by the deadline communicated by us and must satisfy all current eligibility, safety, fundraising and Event requirements.
   • Any shortfall against the applicable Minimum Fundraising Amount, including the staged Fundraising Contribution Milestones in Section 4 applies to the new 2027 Event and any Provisions Fee remains payable.
   • If the Entrant does not register for the 2027 Event by the deadline communicated by us, those Fundraising Contributions will be non-refundable and non-transferable.
6. Event eligibility, conduct and safety
   • By registering for an Event, the Entrant agrees to comply with these Terms, all laws applicable to the Event including any road rules, Event briefings, safety procedures, our reasonable directions and any reasonable directions of our officials, emergency services and venue, campsite, road authority or other third-party site operators.
   • Each Entrant agrees:
     • to comply with these Terms and our reasonable requests and requirements, including all Event briefings, safety procedures and directions from us, officials, emergency services and venue operators;
     • if applicable, to inform us of any dietary or medical requirements on the website when registering. If the Entrant does not provide this information, we will assume the Entrant has none;
     • to be considerate and respectful to all Entrants, volunteers, staff, communities and members of the public encountered during the Event and at related social events;
     • to hold all necessary insurances for participation in the Event, including travel, personal accident and vehicle insurance as applicable; and
     • not to do anything that may put us, our brand, reputation or the Event into disrepute.
   • Entrants must (at their own cost) satisfy the age, licence, vehicle, equipment, insurance, medical, current Working with Children Check and other eligibility requirements published for the Event, and must provide evidence of satisfying those requirements by the date we specify.
   • Each driver or rider must hold a current and appropriate licence. Each vehicle or motorcycle must be registered, roadworthy, adequately insured and suitable for the Event.
   • Entrants are responsible for their own vehicle, equipment, fuel, repairs, fines, personal expenses and insurance unless an inclusion is expressly stated in the Provisions.
   • We may inspect a vehicle or equipment and may refuse or withdraw participation where we reasonably consider there is a safety, legal, reputational or operational risk.
   • Unsafe, unlawful, abusive, discriminatory, harassing, intoxicated (including driving or riding under the influence of alcohol or non-prescription drugs), reckless or seriously disruptive conduct may result in immediate removal from the Event.
   • Entrants must treat children, communities, fellow participants, volunteers, staff, suppliers and the public respectfully and must comply with any child safety and safeguarding requirements identified on our website or in our Event registration page. A breach of this clause may result in immediate removal from the Event and referral to the relevant authorities in accordance with any applicable mandatory reporting obligations.
   • We may modify or stop an activity where reasonably necessary to protect people, property, the environment or our reputation. This does not constitute cancellation of the Event for the purposes of clause 7, and does not of itself entitle an Entrant to any refund, credit or transfer.
   • Section 4 applies where an Entrant is removed or has their participation refused or withdrawn under this clause 6.
7. Event changes, postponement and cancellation
   • We reserve the right, at any time, to change, Postpone or Cancel an Event for any reason whatsoever. Every effort will be made to minimise changes, avoid Cancellations & Postponements and in the circumstances of a Postponement, to schedule an alternative event within 12 months.
   • If we exercise our right in clause 7.1, we will, as soon as reasonably practicable, notify affected Entrants using the email address provided at registration. Without limiting any right or remedy an Entrant may have under law:
     • we may make reasonable changes to dates, routes, destinations, activities, vehicles or bikes, safety requirements or inclusions for safety, operational, legal or force majeure reasons;
     • if an Event is Postponed or Cancelled, at our sole discretion, all Fundraising Contribution amounts may be transferred by us:
       • if the Event is Postponed, to the rescheduled Event;
       • if the Event is Postponed and the Entrant or Team withdraws from the rescheduled Event, to another Entrant or Team’s registration for an Event in the same financial year as the Postponed Event;
       • if the Event is Cancelled, to another Event or another Entrant or Team's registration for an Event, in the same financial year as the Cancelled Event;
     • if we exercise our right in clause 7.1, all Fundraising Contribution amounts received (including the Initial Fundraising Contribution) will remain charitable funds applied to our charitable purposes, subject to applicable law and any express written condition attached by a donor at the time of donation and accepted by us. An Entrant or donor is not entitled to a refund, transfer or credit of any Fundraising Contribution amount solely because an Event is changed, Postponed, relocated or Cancelled; and
     • the treatment of any Provisions Fee paid where an Event is Postponed or Cancelled is set out in clause 10.

8. Participant or Team withdrawals
   • If an Entrant or Team withdraws, cannot participate, or is removed for failing to meet an eligibility, safety, conduct, Fundraising Contribution Milestone payment or other Event payment requirement, all Fundraising Contributions already received, including the Initial Fundraising Contribution, are non-refundable and non-transferable, except where required by law, by us under clause 7 or under the hardship provisions in clause 9.
   • Clause 8.1 does not apply where we cancel an Event under clause 7, which instead governs the treatment of Fundraising Contributions in that circumstance.
   • Provisions Fee: The Provisions Fee refund rules on withdrawal are set out in clause 10.
9. Hardship
   • An Entrant prevented from participating by genuine hardship may apply to transfer funds raised above the Minimum Fundraising Amount to an approved event held within the following 12 months, subject to CEO review and approval. This clause 9 does not apply, and no application may be made under it, where we cancel an Event under clause 7. This clause 9 does not allow for any refund whatsoever. We do not offer refunds.
   • Potentially eligible hardship circumstances include, but are not limited to, serious illness or injury, bereavement, genuine financial hardship, natural disaster, loss of the registered event vehicle, mandatory jury service or Australian Defence Force Reserve service, other legal or compassionate obligations, or government-mandated restrictions.
   • Changes of mind, known scheduling conflicts, insufficient fundraising effort, preference for another event, failure to obtain or maintain a required Working with Children Check or other eligibility clearance where the Entrant did not apply in sufficient time or avoidable failure to meet Event requirements will not ordinarily qualify a hardship.
   • The application must be made in writing by the deadline specified by us and include reasonable supporting evidence. We will decide on the application, acting reasonably.
   • For the avoidance of doubt, only funds above the Minimum Fundraising Amount may be transferred. This means that all Fundraising Contribution amounts received up to the Minimum Fundraising Amount (including the Initial Fundraising Contribution) will remain charitable funds applied to our charitable purposes, subject to applicable law and any express written condition attached by a donor at the time of donation and accepted by us.
   • Any approved funds above the Minimum Fundraising Amount that are not applied to an alternative event within 12 months of the original Event will remain our charitable funds applied to our charitable purposes and cannot be applied further.
   • Provisions Fee: The Provisions Fee refund rules on withdrawal for hardship are set out in clause 10.
10. Event Provisions
    • We may offer Provisions for an Event, as described on the Event registration page. Provisions may vary between Events and are charged a fee.
    • Provisions do not include (and we will not provide) travel, personal accident, vehicle and cancellation insurance. We encourage Entrants to make these insurance arrangements themselves.
    • We will charge a separate Provisions Fee as shown on the Event registration page or invoice. The Provisions Fee:
      • is separate from, and does not count towards, the Minimum Fundraising Amount;
      • is not a charitable donation and is not tax deductible;
      • must be paid by the date shown on the invoice or registration page; and
      • must be paid before in full to enable the Participant to attend the Event.
    • Entrants are responsible for any additional costs they incur that are not included within the Provisions described for the Event, including personal expenses, additional accommodation nights, alternative transport or dietary requirements not notified to us in advance.
    • We may change the Provisions available for an Event (including a supplier, itinerary or inclusion) where reasonably necessary for safety, operational or logistical reasons, and will notify affected Entrants as soon as reasonably practicable by email.
    • If an Entrant withdraws, cannot participate, or is removed from the Event (including for Hardship under clause 9), they must notify us at motoringevents@varietynsw.org.au as soon as possible.
    • Subject to clauses 10.8, 10.11 and 10.12, if you withdraw or cannot participate in an Event, refunds of the Provisions Fee will be calculated by reference to the number of days before the Event commencement date that we receive notice under clause 10.6, and apply only to the portion of the Provisions Fee that we have not, at that time, incurred or become contractually committed to pay to a third party:
      • more than 90 days: 90% refund of that portion;
      • 61 to 90 days: 50% refund of that portion; and
      • 60 days or less: no refund.

For the avoidance of doubt, no refund is payable for any part of the Provisions Fee referable to costs we have incurred or become contractually committed to pay (including merchandise, stickers or other items ordered in advance of the Event), regardless of how far in advance notice is given.

• Where the Provisions Fee is invoiced in instalments (for example, a deposit and balance, as may apply for certain Events such as 4WD Events), clause 10.7 applies separately to each instalment by reference to the costs referable to that instalment and the notice period given.
• No refund of the Provisions Fee is payable where an Entrant leaves or withdraws after the Event has commenced.
• For the avoidance of doubt, clauses 10.6 - 10.9 apply regardless of the reason why the Entrant withdraws, including under the hardship provisions in clause 9.
• If we Postpone an Event, clauses 10.7 and 10.8 do not apply. As you acknowledge by registering for an Event, the Event date is not guaranteed to occur on a specific date, and a Postponed Event remains the same Event for the purposes of these Terms. Accordingly, an Entrant is not entitled to a refund of the Provisions Fee solely because the Event has been Postponed, without limiting any right the Entrant may have under the Australian Consumer Law or other applicable law.
• If we Cancel an Event, clauses 10.7 and 10.8 do not apply and we will refund the Provisions Fee paid to the extent required by the Australian Consumer Law or other applicable law. We will notify you of the amount and timing of any refund as soon as reasonably practicable, using the email address provided at registration.
• Nothing in this clause 10 limits any right an Entrant may have to a refund, credit or replacement under the Australian Consumer Law or other applicable law, which is not excluded, restricted or modified by this clause.

11. Risk warning, release and limitation of liability
    • Participating in an Event may expose the Entrant to the risk of death, physical harm, personal injury, psychological and emotional harm, physical exertion, disease, illness and/or loss or damage to property which may arise from:
      • remote travel, changing weather, unsealed or hazardous roads, and limited access to medical or mechanical support;
      • vehicle or motorcycle breakdown, collision or rollover;
      • third party participants, road users or members of the public;
      • the Entrant's physical fitness level, tiredness, fatigue or overexertion;
      • strenuous or unfamiliar physical activity;
      • the Entrant's driving, riding or navigation technique;
      • pre-existing health conditions;
      • vehicles, motorcycles or equipment supplied or used by the Entrant to participate in the Event; or
      • any failure to comply with our instructions or directions.
    • Entrants acknowledge these inherent risks, agree to take reasonable care for their own safety and the safety of others, and confirm they have read this risk warning and voluntarily accept any risk that may arise from the Entrant's participation in the Event. Each Entrant warrants to us that they have the required physical health and fitness needed to participate in the Event, and that they know of no medical or other reason why they cannot or should not participate.
    • In the course of participating in an Event, if the Entrant is killed or injured, we will not be liable except to the extent caused by our reckless conduct. Conduct is reckless if the person engaging in it is aware, or should reasonably have been aware, that there was a significant risk that the conduct could result in personal injury and, despite this, engages in the conduct without adequate justification.
    • Under the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)), statutory guarantees apply to the supply of certain goods and services. These guarantees mean that we are required to ensure that the Event (as a recreational service):
      • is rendered with due care and skill;
      • is reasonably fit for any purpose which the Entrant, either expressly or by implication, makes known to us; and
      • might reasonably be expected to achieve any result the Entrant has made known to us.
    • Under the Australian Consumer Law, we are entitled to ask the Entrant to agree that these statutory guarantees in clause 11.4 do not apply to them. By accepting these Terms, the Entrant agrees that their right to sue us under the Australian Consumer Law if they are killed or injured because the Event was not provided in accordance with these guarantees is excluded, to the extent set out in this clause 11
    • Entrants should obtain independent medical advice where appropriate before participating in an Event and must disclose in writing to us any condition that may materially affect safe participation. If the Entrant becomes aware, before or during an Event, of any medical, physical or psychological condition, injury or impairment that may be detrimental to the Entrant's health, a risk to the Entrant's safety or affect the Entrant's proper and safe participation, the Entrant must stop participating and seek medical advice, and must immediately notify us in writing.
    • Exclusions: Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with:
      • any person as a result of attending or not attending an Event;
      • any third parties or any services or events provided by third parties, including hotels, partners, venues or other subcontractors which the provision of the Event may be contingent on, or impacted by;
      • the website or an Event being unavailable;
      • breach of the Terms or any law; or
      • any loss caused or contributed to by an Entrant's own unlawful, reckless or negligent act, failure to follow directions, or inadequate vehicle, equipment or insurance,

where caused or contributed to by any event or circumstance beyond our reasonable control, or any act or omission of you or your related parties, and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Event.

• Limitation of Liability: Despite anything to the contrary, to the maximum extent permitted by law:
  • our maximum aggregate liability arising from or in connection with the Terms (including the Event and/or the subject matter of the Terms) will be limited to, and must not exceed, the Provisions Fee paid by the Entrant, or where no Provisions Fee was paid, $10; and
  • we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,

whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

• Nothing in this clause 11 excludes, restricts or modifies any right or remedy that cannot lawfully be excluded, including under the Australian Consumer Law.

12. Media, publicity and intellectual property
    • All intellectual property rights developed, adapted, modified or created in connection with these Terms or the Event, whether before or after the date of acceptance of these Terms, will at all times vest, or remain vested, in us. This includes our logo, trademark and any information or documents we make available to you.
    • We authorise you to use our materials solely for your personal use. You must not exploit our materials for any other purpose, nor allow, aid or facilitate such use by any third party. You may only access our materials on your personal device, and you may not use our materials for any commercial purpose.
    • You acknowledge and agree that any intellectual property or content used at an Event by a speaker or vendor/sponsor is owned or licensed by the relevant speaker or vendor/sponsor and you must not use any such intellectual property without the consent of the relevant owner.
    • We may photograph, film or record the Event and participants for reporting, fundraising, promotional and archival purposes, and may use such images or recordings on its website, in its promotional material and on social media. An Entrant will not be paid for any such use. If an Entrant does not want to be identifiable in promotional images or recordings, they must notify us in writing before the Event.
    • If you provide us with photographs of yourself at an Event, including via email or by tagging us on social media, you consent to us publishing such photographs and details (including but not limited to your name, location and date) for our marketing purposes including but not limited to on our website, in our social media, on our content sites and to supply to publishers covering the Event.
    • Entrants must obtain appropriate consent before providing us Event photos or publishing identifiable images or stories of children, grant recipients or community members, and must not photograph, film or record other participants, children or members of the public at an Event without that person's (or their parent or guardian's) consent.
    • This clause will survive termination or expiry of these Terms.
13. Privacy
    • As set out in our Privacy Policy https://nsw.variety.org.au/terms-and-privacy/ we collect, use, disclose and store personal information to administer the Event, manage safety, process payments, support fundraising, communicate with Entrants and meet legal obligations. This information may be shared with service providers, event partners, emergency services and authorities where reasonably necessary.
    • Our Privacy Policy contains further information about: (i) how we store and use your personal information; (ii) how you can access and seek correction of your personal information; (iii) how you can make a privacy-related complaint; and (iv) our complaint handling process.
    • By providing personal information to us, you acknowledge we will collect, hold, use and disclose your personal information in accordance with our Privacy Policy.
14. Complaints and review
    • Questions or complaints should first be directed to us using the contact details on the Event website. A complaint involving a child safety or safeguarding concern must be raised immediately.
    • Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with a senior representative of the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).
    • Nothing prevents an Entrant from making a complaint to the Australian Charities and Not-for-Profits Commission or the applicable state fundraising regulator.
15. General
    • Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
    • Governing Law: These Terms are governed by the laws of NSW. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in NSW and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
    • Changes: We may update these Terms from time to time by publication on our website. A material change affecting an existing confirmed registration will be notified by email. Where a change to these Terms would materially disadvantage an Entrant with an existing confirmed registration (for example, by reducing their rights in relation to refunds, transfers or hardship), the Entrant may, within 14 days of being notified of the change, elect to withdraw their registration and receive a refund of any Provisions Fee paid to the extent not already incurred or committed by us. This right does not extend to the Initial Fundraising Contribution or other fundraising amounts received, which (to the maximum extent permitted by law) remain non-refundable and non-transferable in accordance with clause 4.2.
    • Contact: Events Team, Variety - the Children's Charity NSW/ACT, Locked Bag 2468, St Leonards NSW 2065, contactus@varietynsw.org.au, phone 02 8919 1000.