Terms and Conditions - Fundraising - Dreams2Live4

Fundraising Terms and Conditions

Thank you for choosing to raise funds for Dreams2Live4.

An overview of fundraising for Dreams2Live4

These revised Terms and Conditions apply to all individuals, organisations, or groups intending to raise money for Dreams2Live4. prior to planning and running any fundraising activities. These Terms and Conditions are designed to provide clear guidance and ensure compliance with legal requirements. It is essential that Fundraisers carefully read, understand and agree to these Terms and Conditions before filling in the 'Proposal to Fundraise' form or registering an online fundraiser through our 'Community Hero Fundraising Hub' on our website https://dreams2live4.org.au

Dreams2Live4 is registered charity with the Australian Charities and Not for Profit Commission ABN 47605853263 and is registered to fundraise in Australia under various licences.

Registration

To meet our legal obligations and the requirements of those licences, every individual or organisation that intends to fundraise on behalf of Dreams2Live4 must be registered and approved by us, before beginning any fundraising activity. You are not authorised to use Dreams2Live4 as your beneficiary charity until you have received our authorisation.

Donations online: When you register to fundraise online through our Community Hub you'll be required to confirm that you agree to our Terms and Conditions, our Terms of Use and our Privacy Policy. Once your registration is completed and your agreement is confirmed, you will be authorised to fundraise by Dreams2Live4.  This authority allows a personal fundraising donation page to be created for you. This page is automatically generated as part of the registration process. Once your personal fundraising donation page is live, you can start your online fundraising activities straight away.

Other Fundraising: Any activity outside of the collection of donations online via your personal fundraising page requires us to review and assess that your proposed fundraising activity meets our Terms and Conditions before Dreams2Live4 will issue you with a Authority to Fundraise.

Once you have received the Authority to Fundraise confirmation from Dreams2Live4, you are authorised to conduct the planned fundraising activity on our Terms and Conditions.

If you have any questions or concerns, or if you’re unsure if your fundraising activity complies, please don’t hesitate to contact us

General Fundraising requirements

A fundraising activity includes soliciting or receiving by any person of any money, property or other benefit for a charitable purpose. This might include, requesting donations to help a person, cause or organisation (whether in person by post, telephone or online), money or benefits received as a donation, selling merchandise where some or all of the profits will go towards helping a person, cause or organisation, or holding events to raise money for a person, cause or organisation.

Approval of Authority to Fundraise at Dreams2Live4's discretion

Dreams2Live4 reserves the right to refuse to provide an Authority to Fundraise for any fundraising activity that does not align with its values or ethics, or poses an unacceptable level of risk to the safety of participants, spectators, or Dreams2Live4’s reputation, or which is not in compliance with fundraising or other laws, which can vary between States or Territories. If you change anything about the fundraising activity after receiving a Fundraising Authority from Dreams2Live4, you must provide Dreams2Live4 with details of the change(s) as soon as practicable. Dreams2Live4 can revoke any approval, authority, or other verification of your activity at any time, if we think that what you are planning or doing may negatively impact Dreams2Live4, at our discretion.

Responsibilities of A Community Fundraiser

Age Requirement: You must be at least 18 years old to organise a fundraiser for Dreams2Live4. If you're under 18, a guardian can apply on your behalf. Any children under 16 involved in collecting or managing funds must be closely supervised and there are special requirements for children. See: Conducting a fundraising appeal | NSW Government. You must inform Dreams2Live4 if you plan to involve children in your fundraising activity.

Responsibility: As the fundraiser, you are in charge of the activity. This includes handling all financial aspects, expenses, and record keeping in accordance with applicable laws. The activity should be conducted under your name.

Financial Assistance: Dreams2Live4 will not provide financial support for your activity. Any costs associated with organising the event are your responsibility.

Criminal Record, Bankruptcy or Insolvency: By applying to fundraise, you confirm that you have no prior criminal convictions or current criminal cases against you and you have not been declared bankrupt or entered into an insolvency arrangement with creditors.

Promotions: If you're donating a part of your sales to Dreams2Live4, you must clearly state this in all promotional materials the exact percentage or dollar amount that will be donated.

Prohibited Fundraising Methods: Door-to-door appeals, street or highway collections, sports betting, pokie machines, cash incentives, telephone solicitation, or adult entertainment, or anything illegal are not allowed as part of your fundraising activity.

Permits and Approvals: You are responsible for obtaining any necessary permits, licences, approvals from your local council, and insurances for your event unless Dreams2Live4 agrees otherwise in writing.

Organisation Assistance: Dreams2Live4 will not assist with organising the fundraising activity unless agreed to in writing.

Legal compliance

Compliance with laws: You must follow all applicable laws and regulations, including those about privacy, fundraising, food preparation, gaming (for raffles), and liquor licensing. If you are fundraising online, you will need to think about whether you are fundraising more broadly than the State or Territory that you are based in. You should consider how your campaign will be promoted. If you will actively promote your campaign in several States or Territories, then you will need to consider whether you need a licence, and what laws apply to your fundraising, in each of those States or Territories. Contact details for relevant state and territory Regulators are provided at the end of this document.

Insurance: Fundraising activities approved by Dreams2Live4 are not covered by Dreams2Live4’s insurance, including public liability. Dreams2Live4’s insurance does not cover you in any way in any aspect of running your fundraising activity, including risk of injury, illness or death of you or any participants. All financial liability and public safety concerns are your responsibility.

Public safety and Venue Insurance: All aspects of financial and public liability and public safety are the responsibility of the Fundraiser. Please ensure that any space or venue used for your fundraising activities has the required public liability insurance. If your event is taking place in a public area, please inform the local council, police station and / or any other authorities that are responsible for the area you will use.

Covid-19: It is the responsibility of the Fundraiser to understand and implement the relevant COVID-19 restrictions in relation to their fundraising activity, where applicable.

Release and Indemnity: To the fullest extent permitted by law, except for liability arising from Dreams2Live4's negligence, wilful misconduct, or breach of these terms, you release and hold harmless Dreams2Live4 and each and all its officers, employees, and volunteers from any claims for loss, property damage, personal injury, illness or death (including any associated legal costs) arising in any way whatsoever from the fundraising activity or event.

Nothing in these terms and conditions excludes, restricts or modifies any term, condition, warranty, guarantee, right or remedy (including but not limited to a guarantee under the Australian Consumer Law) which cannot lawfully be excluded, restricted or modified.

Marketing and Media

Logos and branding: Any use of the Dreams2Live4’s name, logo, images, branding, and any media or marketing materials used to promote the fundraising activity must be provided to Dreams2Live4 for approval. This helps us to ensure that the message about Dreams2Live4 and our work is consistent and correct. You can request a copy of our proudly supporting logo by contacting us.

Responsibility: The Fundraiser will be solely responsible for the fundraising activity and will make it clear when dealing with the public, sponsors, donors and supporters that the fundraising activity is not representing Dreams2Live4, but funds raised will be donated to Dreams2Live4. Dreams2Live4 should be stated as the beneficiary of the fundraiser on any documents used as part of the fundraising.

Event naming: You cannot call your fundraising event a Dreams2Live4 event (e.g. ‘’Dreams2Live4 Bake Sale’’) but you may use the following phrases ‘This event proudly supports Dreams2Live4’ or 'Proudly Supporting Dreams2Live4'. Advertisements must state how the proceeds from the fundraising activity will benefit Dreams2Live4. For example, ‘all proceeds from this event will be donated to Dreams2Live4’ or ‘all proceeds from the auction will be donated to Dreams2Live4’.

Media and publicity: The Fundraiser must seek approval from Dreams2Live4 before approaching the media (including print, TV, radio and media websites), a public personality or celebrity for support or endorsement of the fundraiser. Dreams2Live4 welcomes creating awareness for the work we do and will endeavour to support your ideas.

Statements and content: You cannot make any statements on behalf of Dreams2Live4. If you want to talk about a dream granted by Dreams2Live4 or a person’s experience with Dreams2Live4, you must contact Dreams2Live4 and we will provide you with approved material. You agree that if you create post content on a public social media account tagging @dreams2live4 or #dreams2live4 that content may be shared on Dreams2Live4’s website and social media accounts.

Photographs and consent: By submitting photographs, video, film footage or audio recording of any participants, donors and others, taken as part of your fundraising activity, you acknowledge and agree that you have obtained the necessary consents from any individuals featured in the photographs or other content (Material) given to us, to publish this Material on our website, social media channels and / or any other method of publication now or in the future.  You grant to Dreams2Live4 an irrevocable, non-exclusive, royalty free licence to use, reproduce, distribute, display and publish this Material in whole or in part.

Financial Aspects

Recordkeeping: You must keep accurate records of income and expenditure for your fundraising activity. These records and the money received in the course of your fundraiser should be paid to Dreams2Live4 within 28 days of the fundraising activity. We will issue our Banking details and expense forms on request if deposited this way.

Expenses: Expenses in connection with a fundraising activity must be lawful and proper. If donations are the only form of income, a fundraiser must take all reasonable steps to ensure that expenses do not exceed 50 per cent of gross income raised. If donations are not the only source of income, an authority holder must take all reasonable steps to ensure that expenses do not exceed a fair and reasonable proportion of the gross income.

Issuing tax deductible receipts

What is tax deductible? Donations over $2 made by an individual or organisation. Dreams2Live4 recommends you ask your supporters to donate to your personal fundraising page that you set up on our Community Hero Fundraising Hub. All donations over $2 made via this platform will be automatically issued a tax deductible receipt.

Cash Donation: If you receive a cash donation from a supporter, you can either:

  1. Pay the cash donation direct to your online personal fundraising page, remembering to use the donors details so they can be issued a tax deductible receipt. You can email us to help you.
  2. For offline fundraisers, record their name and contact details on your receipt request sheet, submit to Dreams2Live4 and an official tax-deductible receipt will be issued shortly after the end of your fundraising event.

Tax receipts: Tax receipts will only be issued in accordance with applicable taxation legislation. The Fundraiser must seek approval of receipting options from Dreams2Live4 prior to commencing the fundraising activity. What is not tax deductible? The following are not tax deductible:

  • Lump sum collections.
  • Monies raised and/or donated on behalf of others.
  • Purchases of raffle tickets.
  • Purchases of items/merchandise, such as an auction item.

Goods or services donated for a fundraising event or activity.

  • The cost of attending a fundraising event – for example the ticket price.

Fundraising legislation

All fundraising activities must meet the requirements of relevant laws and regulations in your State/Territory. It is your responsibility to obtain any necessary permits or licences required.

If your activity is using raffles, lotteries or other gaming activities to fundraise, there may be other laws and obligations that apply in your State or Territory. You should also be aware of any regulations regarding liquor licensing and preparation of food. We suggest you contact your local State Authority for more information.

ACT: Access Canberra https://www.accesscanberra.act.gov.au

NSW: NSW Fair Trading https://www.fairtrading.nsw.gov.au

QLD: Office of Fair Trading https://www.qld.gov.au/law/fair-trading

SA: Consumers and Business Services https://www.charities.sa.gov.au

TAS: Consumer Affairs and Fair Trading https://www.cbos.tas.gov.au

VIC: Consumer Affairs Victoria https://www.consumer.vic.gov.au

WA: https://www.commerce.wa.gov.au

NT: https://www.acnc.gov.au/fundraising-northern-territory

General

Severability: If any clause of these terms and conditions is deemed unenforceable, it does not affect the operation of the other clauses.

Entire Agreement: This agreement constitutes the entire agreement between the Fundraiser and Dreams2Live4 in respect of its subject matter and supersedes any prior agreement or understanding in relation to anything connected with its subject matter.

Governing Law: These terms and conditions are subject to the Laws of New South Wales. Fundraisers submit to the exclusive jurisdiction of the laws of New South Wales.

Acknowledgments

You acknowledge and agree:

Capacity: You are in suitable physical and mental condition to organise and run this fundraising activity, or event and have considered any and all risks that may be associated with this event.

Understanding and acceptance: You have read, understood and agree to the Dreams2Live4 Privacy Policy https://dreams2live4.org.au/privacy-policy/ and these Terms and Conditions, also available on our website.

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