Participant Terms and Conditions
1. Participation
By accepting, selling or distributing raffle tickets, the participating organisation (Participant) agrees to these Terms and Conditions and confirms that the person accepting them has authority to act on its behalf.
Participation is subject to approval by the Office of Simon Kennedy MP. The Office may suspend or terminate a Participant’s involvement where reasonably necessary for the lawful, safe or proper conduct of the raffle.
Participants agree to reasonably assist with promotional activities associated with the raffle where available.
2. Compliance and Ticket Accountability
Participants must comply with all applicable laws, regulations, Liquor & Gaming NSW requirements and reasonable instructions issued by the Office.
All raffle ticket books, tickets, stubs and sales records must be properly safeguarded and accounted for.
- follow all ticket sales and reconciliation procedures provided by the Office;
- clearly identify themselves and the organisation they represent when selling tickets;
- immediately report any lost, stolen or unaccounted-for tickets, records or proceeds;
- return completed sales sheets, ticket stubs and all unsold tickets by the deadline advised by the Office; and
- cooperate with any reasonable reconciliation, audit or regulatory enquiry.
3. Raffle Proceeds
Participants are responsible for all raffle proceeds collected by them.
Unless otherwise directed by the Office, proceeds must be deposited directly into the Participant’s organisational bank account.
Participants must provide:
- evidence of the deposit; and
- written confirmation, preferably signed by the treasurer, president or another authorised officer, stating the amount banked and number of tickets sold.
Any discrepancy must be reported to the Office immediately.
4. Participant Responsibility
Participants are responsible for the acts and omissions of their officers, employees, members, volunteers and representatives in connection with the raffle.
Participation does not create an employment, partnership, joint venture or agency relationship with Simon Kennedy MP or the Office.
No Participant may make any representation, promise or commitment on behalf of Simon Kennedy MP, the Office or the Cook Awards and Raffle unless expressly authorised in writing.
5. Cook Awards and Raffle Name and Logo
Approved Participants are granted a limited, revocable, non-exclusive and non-transferable licence to use the Cook Awards and Raffle name and logo (CAR Logo) solely for authorised raffle promotion.
All material containing the CAR Logo or Cook Awards and Raffle name must be submitted to the Office’s authorised representative for approval before publication, printing or distribution.
Participants remain responsible for ensuring that their promotional material complies with applicable law and does not infringe third-party rights.
6. Conduct
Participants must:
- promote the raffle professionally, honestly and ethically;
- act professionally and courteously when dealing with the public;
- comply with reasonable directions from the Office;
- avoid conduct reasonably likely to damage the reputation or lawful operation of the raffle or the Office; and
- promptly report any serious complaint, incident or regulatory enquiry relating to their participation.
Nothing in this clause prevents a Participant from making a truthful statement, complying with the law or reporting misconduct to an appropriate authority.
7. Risk, Liability and Indemnity
Each Participant participates at its own risk and is responsible for managing risks arising from its own activities and personnel.
To the maximum extent permitted by law, Simon Kennedy MP, the Office and their employees, contractors, volunteers and representatives are not liable for any loss, damage, injury, expense or claim arising from:
- an act or omission of a Participant or its representatives;
- a Participant’s handling of tickets, records or raffle proceeds;
- loss, theft or misuse of tickets or money while in the Participant’s custody;
- the Participant’s ticket-selling or promotional activities; or
- the Participant’s breach of these Terms and Conditions or applicable law.
To the maximum extent permitted by law, the Participant indemnifies Simon Kennedy MP, the Office and their employees, contractors, volunteers and representatives against any loss, liability, damage, claim, cost or expense arising from the Participant’s breach, negligence, unlawful conduct, failure to account for tickets or proceeds, or unauthorised representations.
This indemnity does not apply to the extent that the relevant loss was caused or contributed to by the negligence or unlawful conduct of the person seeking the benefit of the indemnity.
Nothing in these Terms and Conditions excludes any liability that cannot lawfully be excluded.
8. Suspension or Termination
The Office may suspend or terminate participation where a Participant:
- breaches these Terms and Conditions;
- fails to account for tickets, records or proceeds;
- breaches a legal or regulatory requirement; or
- creates a material safety, financial, legal or reputational risk.
On termination, the Participant must cease representing itself as an approved Participant and return any tickets, records or promotional material requested by the Office.
9. Governing Law
These Terms and Conditions are governed by the laws of New South Wales, Australia.