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Terms and conditions for the Eye Foundation's julEYE Campaign
Please read and consider these terms and conditions carefully. You will need to agree to all these terms and conditions to be eligible to participate in the Eye Foundation's julEYE "What would you pay to see?" campaign (Campaign). By accepting these terms and conditions, you will immediately enter into a binding and enforceable contract with the Eye Foundation.

While we want you to have fun, we want you to undertake julEYE challenges that are safe, legal and community oriented.

Terms and conditions
In these terms and conditions, the "Eye Foundation" includes the Eye Foundation itself, as well as its directors, officers, employees, agents and representatives.

1.   You promise that:
(a)   you are who you say you are and your details are accurate (that is, you are not impersonating anyone else or using a false name or address);
(b)   either:
(i)   you are at least 18 years of age; or
(ii)   if you are not at least 18 years of age, you have permission from your parent or guardian to apply to participate in the Campaign and that parent or guardian has read and understood these terms and conditions;
(c)   you do not have any mental disorder; and
(d)   you are not intoxicated at the time of applying to participate in the Campaign.

2. You understand that the Eye Foundation will in no circumstances be responsible for any mistakes or inaccuracies in the information which you provide (or which your parent or guardian provides).

3. The Eye Foundation will treat all personal information which you provide (or which your parent or guardian provides) in accordance with its Privacy Policy, found on its website, http://www.eyefoundation.org.au/images/news_reports/theeyefoundationprivacypolicy.pdf

4. You (and, if you are under 18 years of age, your parent or guardian) acknowledge that by clicking on one of the "I accept" buttons at the foot of these terms and conditions, you are agreeing to be legally bound by these terms and conditions and you are immediately entering into a binding and enforceable contract with the Eye Foundation, which contains no terms other than these and terms and conditions.

5. In consideration for your participation in the Campaign, you will have the chance to win a prize.

6. You understand that while the Eye Foundation desires that the Campaign is as safe as possible for the participants and everybody else, the risk that those involved or others could be injured or could suffer loss (including financial loss) or damage will be determined by the conduct of the participants in selecting and undertaking activities. You understand that the Eye Foundation does not endorse or recommend any particular activity and that you participate in the Campaign at your own risk.

7. You agree that you will not undertake or attempt to undertake any dangerous, unlawful or otherwise inappropriate activity in participating in the Campaign. You also agree that the Eye Foundation may, in its sole and absolute discretion, reject your application (or terminate your participation in the Campaign) at any time if it becomes aware that you are doing so or that you have committed any other breach of these terms and conditions.

8.   Without limiting clause 7 above, you agree that in participating in the Campaign, you will not undertake any activity which involves:
(a)   obvious risk to your safety, the safety of others or the safety of any property;
(b)   risk of death, injury or physical or psychological harm to you or any other person;
(c)   acting contrary to any medical or other professional advice which you have been given;
(d)   risk of causing damage to your property or anyone else's property or reputation, including that of an individual or organisation; or
(e)   risk of causing offence to any other person (including, without limitation, by the use of profane, obscene or insulting language).

9.   You agree that the Eye Foundation will not be liable for any and all loss, injury, death, harm, actions, suits, claims, demands, causes of action, costs and expenses (legal, equitable, under statute or otherwise) of any nature, which is or are caused by your participation in the Campaign and/or your involvement in any activity in connection with that participation, including, without limitation:
(a)   any and all causes of action against the Eye Foundation for breach of contract and any and all loss or damage caused by such breach;
(b)   any and all causes of action against the Eye Foundation in negligence and any and all loss or damage caused by such negligence; and
(c)   any and all claims for direct, indirect, general, special, consequential, aggravated or punitive damages.

10. You will indemnify and keep indemnified the Eye Foundation against any loss or liability arising out of, relating to, or in connection with your participation in the Campaign and/or your involvement in any activity in connection with that participation. This indemnity is a continuing obligation, separate and independent from the other obligations under these terms and conditions and survives termination, completion or expiration of these terms and conditions. It is not necessary for the Eye Foundation to incur expense or to make any payment before enforcing the right to indemnity conferred by this clause. You shall pay to the Eye Foundation on demand the amount of any indemnity under this clause.

11. You agree to donate all monies which you collect as a participant in the Campaign to the Eye Foundation.

12.   Subject to clause 3 above, you irrevocably consent to the Eye Foundation displaying or using any of the information or material (including photos or videos) that you or anyone else provides to the Eye Foundation in connection with the Campaign:
(a)   on this website;
(b)   in its newsletters; or
(c)   in any other public forum,

including, without limitation, in connection with marketing, advertising or promotional activities undertaken by the Eye Foundation.

13.   You understand and agree that the Eye Foundation will in no circumstances be responsible for any damage caused by automated emails resulting from your on-line application.

14. You agree not to infringe any intellectual property rights belonging to the Eye Foundation and you agree that damages will not be an adequate remedy for any such infringement.

15. The Eye Foundation does not authorise you to act as an agent or representative for or on behalf of the Eye Foundation or its member bodies, so you must not state or infer that you are an agent or representative of the Eye Foundation or its member bodies in any capacity.

16. These terms and conditions are governed by and must be construed according to the laws of New South Wales.

17.   If at any time, any provision of these terms and conditions becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that will not affect or impair:
(a)   the legality, validity or enforceability in that jurisdiction of any other provision of these terms and conditions; or
(b)   the legality, validity or enforceability under the law of any other jurisdiction of that or any other provision of these terms and conditions.

Warning under section 5M of the Civil Liability Act 2002 (NSW)

18. You understand that injury can occur while a person is engaging in or watching an activity. The injury may result from your actions, the actions of others or equipment failure. In some cases, the injury may be life threatening or result in permanent disability.

19. You understand that by clicking on one of the "I accept" buttons at the foot of these terms and conditions, you acknowledge that you have been warned of the risks associated with participating in the Campaign and undertaking activities in connection with the Campaign.

20. You understand that the Eye Foundation cannot and does not provide insurance for your participation in the Campaign or any activity undertaken in connection with that participation.

I accept
I have read and understood all of the above terms and conditions and agree to all of the above terms and conditions.

OR

I accept
I am the parent or guardian of the participant, who is under 18 years of age. I have read and understood all of the above terms and conditions. I accept and agree to all of the above terms and conditions on behalf of the participant and on my own behalf.

I ACCEPT I DON'T ACCEPT

I have read, and accept the terms and conditions for participation in the Juleye ‘What would you pay to see’ challenge.