Terms & Conditions for Fundraising Activities undertaken by an individual or organisation for the McGrath Foundation, other than a face-to-face collector. 

May 2025 

Thank you very much for organising an activity to raise funds for the McGrath Foundation. 

Your enthusiasm and generosity helps us to ensure that no one goes through cancer without the care of a McGrath Cancer Care Nurse. We raise money to fund McGrath Cancer Care Nurses right across Australia and deliver world leading cancer nursing services to support people and their families through cancer.  

Our McGrath Cancer Care Nurses are experts in nursing care and their support has a proven impact on the lives of people experiencing cancer and their families. 

In order to meet the McGrath Foundation’s obligations under fundraising laws, your registration of a fundraising activity means that you must adhere to the following terms and conditions. 

We operate under several charity licences and to meet the requirements of those licences, every individual or organisation that does fundraising on our behalf must be registered and approved by us before beginning its promotion and/or activity.  

Your fundraising activity is run on behalf of the McGrath Foundation Ltd (“the Foundation”) of Lvl 1, 76 Berry Street, North Sydney NSW 2060 (ABN 23 115 566 624).  

1. Registration Process 

1. Registration to participate in the Promotion is deemed acceptance of these Terms and Conditions. 
2. The opportunity to fundraise is open to all approved Participant(s) based in Australia and over the age of 18 years old.  
3. To register, Participant(s) must log onto the website mcgrathfoundation.com.au and select ‘Fundraise’ and provide relevant details including (but not limited to):
   1. Full name Email address 
   2. Password 
   3. Phone number 
   4. Date of birth 
   5. Postal address 
   6. Name of Town (if part of Pink Up Your Town)
   7. Authorised position (if on behalf of an organisation)
4. Registration represents a commitment by the Participant(s) to raise funds on behalf of the McGrath Foundation on the date/s of the Promotion in their applicable State. 
5. Where the Participant has committed to raise no less than a minimum amount for the McGrath Foundation (“a Fundraising Commitment”), the Participant agrees to either raise that amount from the fundraising activities and/or donate an amount to the Foundation so that the total amount paid to the Foundation is no less than the Fundraising Commitment.
6. Incomplete or incomprehensible entries of registration details will not constitute a valid registration  

2. Fundraising process 

Once the participant has submitted their online application through the Fundraising platform the participant will receive a welcome email from the McGrath Foundation which will include the participants fundraising activity and registration number. 

1. The participant’s welcome email will constitute an ‘Authority to Fundraise’.
2. The participant may then purchase McGrath Foundation promotional items via Shop Pink using the fundraising login provided by the McGrath Foundation team. 
3. The participant must submit any promotional materials that it would like to include in its fundraiser to the McGrath Foundation team for review and approval, prior to printing or distributing. 
4. Funds must be remitted as soon as possible once received, or no later than two weeks past the fundraising date. The participant must: 
   1. Remit funds for each donation received via the dedicated online fundraising page that was created upon registration; or 
   2. Deposit the amount of each donation received, into the bank account using the participant’s fundraising activity registration number as a reference on each occasion 

      McGrath Foundation Limited 

      BSB 062-000 

      Account Number 1389-1910 

   3. For each donation made into the bank account, please complete the McGrath Foundation Remittance Form for a receipt to be issued for each individual donation received and email the completed form to 
5. The Participant will be responsible for all costs associated with your fundraising activity. 

3. Costs and benefits 

The Participant will not be entitled to receive any commission, wage, or fee in connection with its organisation of the activity raising funds for the McGrath Foundation. 

4. Conduct 

At all times before, during and after the fundraising activity, participants must conduct themselves in a manner which reflect the values of the McGrath Foundation and must not harm or diminish the McGrath Foundation’s good name in the community. The participant must also make sure that each person involved in its activity conducts themselves with decency, dignity and good taste. 

The participant must not solicit public donations through general door-to-door, street or telephone collections or in public places such as shopping centres or on public transport.  

The participant must not name any fundraising activity after the McGrath Foundation (e.g. "McGrath Foundation Trivia Night") and the McGrath Foundation should be stated as the beneficiary of your activity (e.g. “Trivia Night in support of the McGrath Foundation”). If the participant organises a raffle or auction, all prizes should be donated. 

The McGrath Foundation reserves the right to review and cancel any fundraising activity if the registered fundraising activity is, in our belief, inappropriate or may harm or diminish our good name in the community. 

5. Using the Foundation’s name and logo 

If this participant’s application is approved, they will have the right to use the McGrath Foundation’s name and ‘Community Friend’ logo in connection with the participant’s fundraising activity, at no charge, provided that its use complies with the McGrath Foundation’s brand guidelines (which will be supplied to the participant). This limited right to use the McGrath Foundation’s name and logo is granted only to the participant and is not transferable to any third party. 

The participant must not use any of the McGrath Foundation’s other intellectual property without the McGrath Foundation’s written consent. 

If the McGrath Foundation directs the participant to stop using any of our intellectual property (including our name or logo) the participant must do so immediately. The participant must fully compensate the McGrath Foundation for any loss, cost, damage, expense, or liability that we incur as a result of the participants misuse of our intellectual property. 

6. Promotional material 

If the McGrath Foundation supplies you with any promotional material, the participant must use that promotional material only for the activity for which you have been granted an Authority to Fundraise for and only in accordance with the McGrath Foundation’s brand guidelines. The participant must return any unused material to the McGrath Foundation at its request. 

If the participant plans to publish any promotional material for its fundraising activity (including invitations, advertisements and website copy) that includes the McGrath Foundation’s name or logo, the participant must obtain the McGrath Foundation’s approval of that material (and any changes to it) before its publication.  

7. Records and reporting 

The participant must keep accurate books and records relating to its activity and the money it raises, including any records required by any charitable fundraising licence or authority that the McGrath Foundation holds and all other records that the McGrath Foundation may reasonably require. The participant must provide copies of those books and records to the McGrath Foundation upon request. 

At the McGrath Foundation’s request, the participant must permit a representative of the McGrath Foundation to view its books and records (at a reasonable time agreed between the parties), to verify the amount to be paid to the McGrath Foundation in connection with the fundraising activity. 

8. Complying with laws 

When fundraising for the McGrath Foundation, the participant must comply with all laws and regulations relating to charitable fundraising, as well as any conditions of the McGrath Foundation's Authority to Fundraise that applies to the participant or its activity (this includes any addition to those conditions, and any variation or deletion of them). Please refer to State Fundraising Requirements. 

9. Complaints 

If either party receives a complaint or grievance from a member of the public or an employee relating to the participant’s fundraising activity, then the notified party must notify the other as soon as possible. The parties will use their best endeavours to resolve any such complaint or grievance as soon as possible and, at the latest, within 60 days of the day it was first received. 

10. Insurance 

The participant’s activity will not be covered by the McGrath Foundation’s public liability insurance. The participant must ensure that its own insurance policies cover it for all insurable risks associated with the fundraising activity. The McGrath Foundation reserves the right to require the participant to take out additional insurance coverage as a condition of the Authority to Fundraise. 

11. Dispute resolution 

If a dispute arises between the parties in relation to a fundraising activity, either party may give the other written notice of the dispute. Once that notice is given the participant must, within three business days, send a representative to meet with the McGrath Foundation with a view to resolving the dispute within 10 business days of the date that notice of the dispute was given. 

Neither party may instigate court proceedings or arbitration relating to a dispute without having used best endeavours to resolve the dispute as set out here (however each party may seek urgent interlocutory relief in relation to the dispute). 

12. General 

Either party may terminate this agreement regarding a fundraising activity by giving the other 10 days written notice. Terminating the agreement does not affect any rights or obligations arising before the date of termination. 

The participant must not transfer or assign any of its rights under any agreement with the McGrath Foundation, unless we have given express with written consent. 

State Fundraising Requirements 

It is the Participant’s responsibility to obtain any necessary permits or licenses for its fundraising activity, and to review fundraising regulations with the relevant state authority – particularly if the Participant is a registered business and/or organising a raffle or auction. The McGrath Foundation suggests the Participant refers to: 

Promotion Terms and Conditions 

PRELIMINARY 

1. Information on how to enter the promotion forms part of these terms and conditions of entry. Any entry to the Promotion is deemed to constitute acceptance by the entrant of these terms and conditions. 
2. The Promotion is run by the McGrath Foundation Ltd (“the Foundation” and “the Promoter”) of 76 Berry St, North Sydney NSW 2060 (ABN 23 115 566 624). 
3. The Promoter is a charity registered as follows: 
   1. In the ACT under the Charitable Collections Act 2003, Licence number 19000031; 
   2. In NSW under the Charitable Fundraising Act 1991, Authority number 18455; 
   3. In South Australia under the Collections for Charitable Purposes Act 1939, Licence number CCP1144; 
   4. In Tasmania, Approval to solicit for charitable donations under the Collections for Charities Act 2001; 
   5. In Victoria a registered fundraiser number 10596 under the Fundraising Act 1998; and 
   6. In Western Australia under the Charitable Collections Act 1946, Licence number 20665. 
   7. In Queensland, Registration number CH1512 under the Collections Act 1966 (QLD) and Collections Regulation 2008 (QLD).
      
4. The Promotion commences at the beginning of the Promotion Period and closes at the end of the Promotion Period. 
5. Entry into the Promotion is open to Australian residents only, excluding: 
   1. residents of any excluded jurisdiction; and 
   2. directors, management, agents, and employees (and their immediate family members) of the Promoter, any Promotion Partner, and the related bodies corporate of each of them; and (Eligible Entrants). Any entry received from any person who is not an Eligible Entrant will be deemed invalid. "Immediate family members" means any of the following: spouse, ex-spouse, de facto spouse, child or stepchild (whether natural or by adoption), parent, stepparent, grandparent, step grandparent, uncle, aunt, niece, nephew, brother, sister, stepbrother, stepsister or 1st cousin. 
6. If an entrant is under 18 years of age they must first obtain the consent of their parent or legal guardian before entering the Promotion. 
7. In this Promotion there will be one winner only. That person will receive the Prize.  
8. The winner of the Prize will be selected by the Selection Process.
9. The Promoter and the Promotion Partner(s) accept no responsibility for any kind of loss or liability suffered or incurred by any of the entrants in relation to the Promotion. Each entrant releases the Promoter, the Promotion Partner(s) and the related bodies corporate of each of them, together with the officers, employees, contractors, and agents of each such entity (released parties), from all liabilities, claims, loss, and damage of any kind arising at any time out of or in connection with participation in the Promotion. Without limiting the foregoing, the released parties will not be liable for any injury, sickness or death, property loss or damage or other direct or indirect loss or damage of any kind, howsoever sustained or incurred, in connection with or arising out of the Promotion or the Prize. 
10. The McGrath Foundation’s Website means the website located at www.mcgrathfoundation.com.au, or any third-party fundraising platform used, replacement or successor websites.

HOW TO ENTER 

1. To enter the Promotion, an Eligible Entrant must complete the entry steps within the Promotion Period. Any valid entry to the Promotion submitted by an Eligible Entrant in accordance with these terms and conditions will be an “Entry”. 
2. Each Entry will be considered in the Selection Process to allocate the Prize. 
3. Incomplete or incomprehensible entries will be deemed invalid. 
4. The cost of accessing the Foundation’s Website or any other website associated with the Promotion will be dependent on the entrant’s Internet Service Provider.  

PRIVACY 

1. The Promoter collects personal information about you to enable you to participate in this Promotion. The Promoter collects and deals with personal information in accordance with the Privacy Act 1988 (Cth) and in accordance with its Privacy Policy which can be viewed at https://www.mcgrathfoundation.com.au/privacy-policy/. By entering the Promotion, you consent to the Promoter using any personal information you provide in connection with the Promotion for the purposes of facilitating the conduct of the Promotion and awarding any prizes. Such use may include, without limitation: 

• • disclosure of your personal information to any Promotion Partner and any applicable statutory authority, such as State and Territory Lottery Departments; and 

• • if you win a Prize, publication of your name as required under relevant laws.  

The Promoter may also use information provided by you in connection with the Promotion to contact you about news, events, and general information in relation to the organisation. No other further use of this information will be made without your prior consent. A request to access, update or correct any information should be directed to the Promoter at the address given above. 

DETERMINING AND NOTIFYING THE WINNER(S) 

1. The winner of the Promotion will be chosen on the Winner Selection Date, in accordance with the Selection Process. 
2. The result of the Selection Process, and any decision of the Promoter in relation to any aspect of the Promotion, is final and binding on each person who enters the Promotion. No correspondence will be entered into. 
3. The winner will be contacted directly (using the details provided at the time of entering the Promotion) as soon as possible after the Winner Selection Date and will be announced on the Foundation’s Website within two business days of the Winner Selection Date.
4. Each entrant is responsible for ensuring that their details provided to the Promoter at the time of entering the Promotion are accurate and up to date. The Promoter takes no responsibility for inaccurate or incomplete details provided in relation to an entrant in the Promotion. 
5. If any entrant being unable to satisfy these terms and conditions or forfeiting or not claiming the Prize by the Prize Claim Cut-off Time, the Promoter may take such steps as it deems necessary to award such unclaimed Prize to an alternate winner, in accordance with the Selection Process. 
6. Any alternate Prize winner will be contacted directly (using the details provided at the time of entering the Promotion) as soon as possible after the award of the Prize to them and may be announced on the McGrath Foundation’s website. 

PRIZE 

1. The Promoter and Promotion Partner make no representation about the value of the Prize. None of the Promoter or any Promotion Partners will have any responsibility for any change in value of the Prize occurring between the Winner Selection Date and the date the Prize is claimed. 
2. The Prize is awarded and must be redeemed, in accordance with and subject to these terms and conditions, the Special Conditions (if any), and any other terms and conditions disclosed at the time of redemption (including but not limited to expiry rules). It is a condition of accepting the Prize that the winner must comply with all conditions of use of the Prize and all requirements of the Prize supplier/manufacturer. 
3. If a Prize winner is under the age of 18, then before they can claim their Prize, they must obtain consent from their parent or legal guardian to do so. 
4. The winner will be responsible for all taxes, fees and other charges of any kind applying to the redemption of the Prize. Applicable taxes, fees and other charges may vary and are subject to change without notice. 
5. Unless expressly stated in these terms and conditions, all expenses connected with redemption of the Prize are the responsibility of the Prize winner including but not limited to meals, spending money, transportation, drinks, incidentals, accommodation, optional activities or excursions and all other ancillary costs. 
6. Compliance with any government requirements relating to Prize redemption is the sole responsibility of the winner. 
7. In the event that the Prize winner does not redeem their Prize by the time stipulated, then the entire Prize will be forfeited by that winner and cash will not be awarded in lieu of the Prize. 
8. No responsibility is accepted by the Promoter or any Promotion Partner for late, lost or misdirected entries. The Prize must be taken as stated and no compensation will be payable if a winner is unable to use the Prize as stated. The Prize is not exchangeable or redeemable for cash or other goods or services. The Prize cannot be transferred to any other person unless agreed to by the Promoter. 
9. By entering the Promotion and by claiming the Prize, the winner acknowledges and accepts that any activities comprising the Prize may be inherently dangerous and may result in death, injury, incapacity, damage to property or other losses. The Promoter and the Promotion Partner(s) are not responsible for any acts of god, adverse weather conditions or industrial action or civil commotion that may occur whilst a winner is redeeming the Prize. None of the Promoter or any Promotion Partner(s) guarantees any Prize winner will enjoy their Prize or will be suited to the type of prize offered. 
10. The Promoter reserves the right to require any winner to:
11. sign a winner's deed of release or any other relevant forms or agreements that the Promoter deems necessary; and 
12. provide proof of identity, proof of age, proof of residency and/or proof of entry validity, in order to claim their Prize. Proof of identification, residency, age and entry considered suitable for verification is at the discretion of the Promoter. In the event that a winner cannot provide suitable proof, the winner will forfeit their Prize in whole and no substitute will be offered. 
13. If the Prize is unavailable for any reason, the Promoter reserves the right to substitute the Prize for a prize of equal or greater value, subject to applicable laws. Cash will not be awarded as a substitute.

GENERAL

1. The Promoter reserves the right to disqualify any entrant who the Promoter has reason to believe has breached any of these conditions or engaged in any unlawful or improper misconduct calculated to interfere with the fair and proper conduct of the Promotion. The Promoter reserves all legal rights to recover damages or other compensation from such an offender.  
2. Without limiting the preceding paragraph, any entrant to the Promotion who is found to: 
   1. have used a third party (including online competition entry site) to enter on their behalf; or 
   2. be entering incorrect contact details, including incorrect email contact details, (Each an "Unauthorised Activity"), will have all their entries, and any claim they have to the Prize, invalidated. If an entrant is awarded the Prize and then found to have undertaken any Unauthorised Activity, the entrant must immediately return that Prize. The Promoter has sole discretion to determine if any Unauthorised Activity has taken place. The Promoter reserves the right to request whatever documentation it deems necessary to confirm if an entrant has undertaken any Unauthorised Activity, and entrants must promptly supply such documentation upon request. 
3. All Entries and any copyright subsisting in the entries become and remain the property of the Promoter. The Promoter may publish or cause to be published any entry received.  
4. In claiming the Prize, the Prize winner agrees: 
   1. that their name and photograph may be used for promotional purposes by the Promoter; 
   2. to participate and co-operate as required in all editorial and publicity activities relating to the Promotion, including but not limited to being interviewed, photographed and filmed; and 
   3. to grant the Promoter a perpetual and non-exclusive licence to use such footage and photographs in all media worldwide, including online social networking sites, and the winners will not be entitled to any fee for such use.  
5. If for any reason the Promotion is not capable of running as planned, including (but not limited to) illness, death, infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter, which corrupt or affect the administration security, fairness or integrity or proper conduct of this Promotion or the awarding of the Prize, the Promoter reserves the right in its sole discretion to take any action that may be available, and to cancel, terminate, modify or suspend the Promotion, subject to any direction given under applicable State or Territory lottery/ gaming permit regulations, or State or Territory fundraising laws. 
6. In the case of the intervention of any outside agent or event which naturally changes the result of the Selection Process or prevents or hinders that process, including but not limited to illness, death, vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strikes; the Promoter may in its absolute discretion cancel the Promotion and recommence it from the start on the same conditions, subject to applicable laws.  
7. To the maximum extent permitted by law, the Promoter, the Promotion Partner(s) and the related bodies corporate of each of them, together with the officers, employees, contractors and agents of each such entity, are not responsible and exclude all liability for any losses, damages, expenses, costs, personal injuries or death (Damages)arising out of or connected with this Promotion, the promotion of this Promotion or the taking or using of any Prize or part of it (including but not limited to any breach of these terms and conditions), whether the Damages arise in contract, tort (including negligence) or under any other common law, equitable or statutory doctrine or theory of liability whatsoever. In this paragraph, "Damages" include but are not limited to direct, indirect, special and consequential loss, loss of profits or opportunity, and loss or damage that cannot reasonably be considered to arise naturally and in the ordinary course of things, even if such loss or damage was in the contemplation of the Promoter or any other party. 
8. If any act, omission, event, or circumstance occurs which is beyond the reasonable control of the Promoter and which prevents the Promoter from complying with these terms and conditions, the Promoter will not be liable for any failure to perform or delay in performing its obligations and the Promoter reserves the right (subject to any applicable law) to cancel, terminate or modify or suspend this Promotion. 
9. The Promoter accepts no responsibility for any tax implications that may arise from a winner accepting the Prize. Independent financial advice should be sought.