Promotional Prize Draw Terms & Conditions

1. The Promoter: a registered Australian charity

The promoter is Australian Community Fundraising Partners Ltd, ABN 58 638 238 301, ACN 638 238 301, trading through the ACF Club program ("ACFP Ltd", "ACF Club", "we", "us", "our" or "the Promoter").

ACFP Ltd is a charity registered with the Australian Charities and Not-for-profits Commission (ACNC). Our registration can be independently verified through the ACNC Charity Register.

ACF Club is operated as part of ACFP Ltd's charitable fundraising and community-benefit activities. Membership fees are payments for membership services and benefits and are not represented as tax-deductible donations.

2. 65% of paid membership fees support the member's chosen cause

A central purpose of ACF Club is to generate ongoing funding for approved participating fundraising causes.

When an eligible paid ACF Club membership fee is received, the member nominates an approved participating fundraising cause. 65% of the eligible paid membership fee is allocated to and held by ACFP Ltd as agent for the participating fundraising cause nominated by that member. This is the Cause Allocation.

The Cause Allocation is not available to ACFP Ltd as unrestricted operational income. The remaining 35% is retained by ACFP Ltd and may be used for membership services, technology, payment processing, administration, compliance, marketing, prizes, ACFP Ltd programs and other lawful operating expenses.

The 65% Cause Allocation is not used to purchase or fund ACF Club prizes. Prizes are funded from ACFP Ltd's retained funds, sponsorship, donated prizes or other lawful funding sources.

The fact that a membership contributes to a Cause Allocation does not automatically make that membership eligible for a promotional prize draw. Draw eligibility is determined separately under these Terms.

3. What an ACF Club member is purchasing

An ACF Club membership is a product and service in its own right. A member purchases membership for the benefits associated with that membership level, which may include participating-business offers and discounts, member features, cause-selection features, community benefits, communications and other services introduced from time to time.

Where the membership is an Eligible Paid Member Membership, complimentary promotional prize draw entries may also be provided.

ACF Club does not sell lottery entries. No part of the membership price is separately charged as a fee for entry into a promotional prize draw. A person cannot purchase an individual ACF Club promotional prize draw entry.

4. Promotional draw entry is provided at no additional cost

Where an Eligible Paid Member Membership qualifies for a promotional prize draw, the applicable entries are provided at no additional cost as an incidental promotional benefit of the qualifying membership.

• There is no separate entry fee.
• There is no additional payment required for an entry.
• There is no facility to purchase additional entries.

The amount paid by the member is the normal membership price applicable to their selected membership level and is paid for the membership and its associated benefits.

5. Only paid Member-category memberships are draw-eligible

This clause is fundamental to the ACF Club promotional draw system.

Only an eligible paid personal membership within the Member category of ACF Club may receive complimentary promotional draw entries. This is an Eligible Paid Member Membership. The relevant Draw Schedule will identify which paid Member tier or tiers are eligible for that draw.

A person who owns or works for an ACF Club Business Partner may separately purchase an eligible personal ACF Club Member membership. That separate personal membership may qualify if the person otherwise satisfies all eligibility requirements. Holding a Business membership alone never creates draw entries.

6. Paid membership must be valid and in good standing

To qualify for a draw, an Eligible Paid Member Membership must be valid, successfully paid, active at the relevant eligibility cut-off, not subject to a failed or reversed payment, not fraudulently obtained, not suspended for a material breach, and otherwise eligible under the relevant Draw Schedule.

A pending, failed, dishonoured, refunded or successfully charged-back membership payment does not create a valid draw entitlement.

7. How entries are allocated

Each Draw Schedule will state the number of complimentary entries allocated to each eligible paid Member membership tier.

A member does not receive additional entry batches merely because their membership fee is collected weekly, fortnightly, monthly or by another recurring billing arrangement during the same draw period. Recurring payments maintain the member's paid membership and eligibility. Recurring payments do not compound the number of entries held by that member in the same draw.

For example, if Tier A receives 1 entry per draw and Tier B receives 5 entries per draw, a Tier B member receives a total of 5 entries in that draw - not 5 new entries every billing period.

8. Upgrading or changing membership does not compound entries

Where a member changes from one eligible paid Member tier to another during a draw period, their entry allocation will be adjusted to the entry entitlement of the qualifying tier applicable at the Eligibility Cut-Off specified in the Draw Schedule.

Previous allocations are not added to the new allocation. If a member initially qualifies for 1 entry and later upgrades to a membership level carrying 5 entries, their total entitlement for that draw is 5 entries, not 6.

A member cannot create additional entry allocations by repeatedly upgrading, downgrading, cancelling or reactivating membership.

9. Entries never compound or roll over between draws

ACF Club does not operate a compounding-entry system.

Entries allocated to a particular promotional draw apply only to that draw. When that draw is completed, all entries associated with it expire. They do not transfer, accumulate, carry forward, form a continuing balance or get added to future entries.

Historical membership payments do not create an increasing number of entries in later draws. Every new promotional draw begins with a new entry pool.

10. Every draw has a true total entry cap

Every ACF Club promotional prize draw will have a specified Maximum Total Number of Entries, disclosed in the Draw Schedule before the promotion commences.

The Maximum Total Entries means the maximum number of actual entries that can participate in that draw. It is not merely a cap on new members, new memberships, current-month entries or new entries while historical entries remain outside the cap.

Because ACF Club does not roll entries forward, there are no historical entries added outside the advertised cap. If a Draw Schedule states a maximum of 25,000 entries, no more than 25,000 valid entries will participate in that draw.

11. When the entry cap is reached

Once the Maximum Total Entries for a draw has been allocated, no additional entries will be admitted to that draw.

ACF Club may continue accepting memberships for ordinary membership services and benefits after the current draw's entry cap has been reached. Where a membership purchased after the cap is reached will not qualify for the current draw, this must be clearly disclosed before or at the point of purchase.

Reaching the entry cap does not cause existing entries to roll into another draw and, unless expressly stated in the Draw Schedule and permitted by law, does not automatically bring forward the advertised draw date.

12. Eligibility to participate

Unless the Draw Schedule provides additional restrictions, an entrant must be at least 18 years old, ordinarily reside in a jurisdiction in which the draw is lawfully available, hold an Eligible Paid Member Membership, satisfy payment requirements, maintain a valid account, provide accurate details, comply with these Terms and the Draw Schedule, and not otherwise be prohibited by law.

A person directly responsible for conducting the promotion or determining the winner is not eligible. Directors, officers, employees, contractors or other persons directly involved in administering a particular draw may also be excluded where required by law or the Draw Schedule.

13. One person: one member identity

ACF Club membership is attached to an individual member identity. Members must not create multiple accounts, use false details or manipulate records to obtain additional entries.

ACF Club may use reasonable identity, email, payment and account verification to identify duplicate or fraudulent participation. Where duplicate accounts are identified, ACFP Ltd may consolidate, cancel or exclude invalid entries to restore the entrant to their legitimate entitlement.

14. Entries have no monetary value

Promotional entries have no cash value and cannot be sold, purchased separately, transferred between members, exchanged, redeemed for money, transferred to another draw or retained after the relevant draw is completed.

15. Draw period and Draw Schedule

Each draw will have its own Draw Schedule stating, as applicable: promotion name; opening and closing date and time; Eligibility Cut-Off; eligible States and Territories; eligible paid Member tiers; complimentary entry allocation; Maximum Total Entries; prize details and value; draw date, time, method and location or system; winner notification; publication requirements; prize claim period; unclaimed-prize procedure; and required permit, authority or notification numbers.

All relevant times will identify the applicable Australian time zone.

16. Odds of winning

The probability of an individual entry being selected depends on the total number of valid entries admitted to the draw. Because ACF Club uses a Maximum Total Entry cap, the number of participating entries can never exceed the published cap.

ACF Club does not guarantee that any particular member will win a prize and makes no representation that participating guarantees financial gain.

17. Membership payments and the 65% Cause Allocation

Where a paid membership is subject to the ACF Club Cause Allocation model, 65% of the eligible membership fee is recorded for the participating cause nominated by the member.

Cause Allocations relating to a draw period may be held pending payment settlement, completion of the applicable promotional draw, payment reconciliation, refund and reversal processing, fraud and eligibility checks and the applicable cause payout reconciliation.

Following completion of the draw and reconciliation process, applicable Cause Allocations will be released to participating causes according to ACFP Ltd's cause payment schedule and the relevant participating cause agreement.

18. Refunds and change of mind

ACF Club memberships support both the provision of membership services and participating fundraising causes. Because 65% of an eligible paid membership fee is allocated to the member's nominated participating cause, memberships are not generally fully refundable merely because a member changes their mind.

Where ACFP Ltd elects to provide a discretionary change-of-mind refund before the applicable draw and reconciliation process is completed, ACFP Ltd may cancel the relevant membership or membership period, cancel entries arising from it where the draw has not yet occurred, reverse a Cause Allocation that has not yet been released, account for membership benefits already supplied, deduct any non-refundable amount properly committed to the participating cause, and refund any remaining amount determined to be refundable under the applicable Membership Terms.

Once the relevant draw has been completed and the membership transaction and Cause Allocation have been reconciled, ACFP Ltd does not ordinarily provide discretionary change-of-mind refunds relating to that completed membership period.

Completion of the draw is an administrative and reconciliation cut-off. It does not mean that the member purchased a draw entry. Promotional entries were provided at no additional cost as an incidental membership benefit.

Nothing in these Terms excludes, restricts or modifies any right or remedy available under the Australian Consumer Law or any other law that cannot legally be excluded.

19. Refunds, reversals and chargebacks before a draw

Where, before the relevant draw, a membership is lawfully refunded, a payment is reversed or dishonoured, a chargeback is successfully completed, a payment is found to be fraudulent, or the underlying qualifying membership transaction is otherwise lawfully cancelled, entries dependent upon that membership may also be cancelled.

A person cannot retain promotional entries arising solely from a qualifying membership transaction that has itself been validly reversed before the draw.

20. Cancelling future membership renewals

A member may cancel future renewal in accordance with the applicable Membership Terms. Cancelling future renewal does not necessarily cancel a membership period already paid for. Draw eligibility depends on whether the member's paid membership remains active and otherwise eligible at the Eligibility Cut-Off specified in the Draw Schedule.

21. Prizes

Each Draw Schedule will identify the prize or prizes, number of prizes, recommended retail value where applicable, total prize pool value and material conditions attached to the prize.

Prizes will not include anything prohibited by law. Unless expressly stated otherwise, prizes cannot be exchanged or transferred at the winner's request. A cash alternative will only apply where stated in the Draw Schedule.

If circumstances genuinely outside ACFP Ltd's reasonable control make an advertised prize unavailable, ACFP Ltd may only substitute, modify or otherwise deal with that prize in accordance with applicable law and any required regulatory approval.

22. How winners are selected

Winners will be selected randomly from all valid entries admitted to the relevant draw. The Draw Schedule will identify the approved or lawful random-selection method used.

Where required, ACFP Ltd will use an approved electronic drawing system, independent scrutiny or another process required by applicable legislation, regulation, permit or authority conditions. The result will be recorded and sufficient records retained to demonstrate the integrity of the draw.

23. Winner verification

Before awarding a prize, ACFP Ltd may reasonably verify the winner's identity, age, Australian residency and State or Territory of residence, ACF Club account, qualifying paid membership, payment validity, winning entry and compliance with these Terms and the Draw Schedule.

Verification must be reasonable and used to confirm legitimate eligibility, not to unfairly avoid awarding a valid prize.

24. Winner notification and publication

The Draw Schedule will specify how and when winners will be contacted. ACFP Ltd may use the email address, telephone number or other contact details associated with the member's account. Members are responsible for keeping those details reasonably current.

Where law or permit conditions require publication of winner details, ACFP Ltd may publish those details to the extent required. Participation does not constitute blanket consent for unrelated advertising use of a winner's image, story or personal information.

25. Claiming a prize

A winner must claim the prize within the period stated in the Draw Schedule. ACFP Ltd may require reasonable proof of identity and eligibility before release of the prize and will take reasonable steps to contact the winner.

26. Unclaimed prizes

The Draw Schedule will state the process applying to an unclaimed prize. Where permitted by law, an unclaimed prize may be subject to a redraw after the required claim period. ACFP Ltd will comply with any required minimum period, regulatory approval or notification requirements and will make reasonable attempts to contact the original winner first.

27. Fairness, fraud and manipulation

ACFP Ltd may investigate conduct reasonably suspected of involving fraud, false identities, unauthorised use of another person's account, system manipulation, automated membership creation, deliberate exploitation of technical errors, duplicate-account manipulation, payment fraud, interference with the drawing process or other dishonest conduct.

Where misconduct is established, ACFP Ltd may cancel invalid entries or disqualify the relevant participant to the extent permitted by law. Innocent member or system errors will be distinguished from deliberate manipulation.

28. System or administrative errors

If an ACF Club system mistakenly displays or allocates an incorrect number of entries, ACFP Ltd may correct the error so the member receives the number legitimately due under the Draw Schedule.

ACFP Ltd must not knowingly rely on its own technical or administrative mistake to deprive a legitimate winner of a prize where the winning entry was otherwise valid. Material technical failures affecting promotion integrity may be corrected in accordance with applicable law and regulatory requirements.

29. Cancellation, suspension or modification of a draw

ACFP Ltd does not reserve an unrestricted right to cancel or alter a promotion merely because the result is commercially inconvenient.

A draw may be modified, suspended, postponed or cancelled where reasonably necessary because of a legal or regulatory requirement, regulator direction, serious fraud, material system or security failure, natural disaster, failure or withdrawal of an essential prize supplier, circumstances making the prize unlawful or impossible to provide, circumstances outside ACFP Ltd's reasonable control or another event preventing the promotion being conducted lawfully, fairly or as advertised.

Where a material change is necessary, ACFP Ltd will act reasonably, comply with applicable legislation, obtain or seek regulatory approval where required, notify the relevant regulator where required, take reasonable steps to inform affected participants and publish material amendments.

30. Regulatory authorities and permits

ACF Club promotional draws will only be made available in Australian jurisdictions in which ACFP Ltd is lawfully entitled to conduct the promotion. Where a permit, authority, notification or approval is required, the relevant details will be displayed in the Draw Schedule and advertising where required.

A jurisdiction may be excluded until all approvals required for that jurisdiction are in place.

31. Advertising of a draw

ACFP Ltd intends that material conditions be clearly disclosed. Advertising will direct potential participants to these Terms and the relevant Draw Schedule.

Important or unusual conditions - including paid Member eligibility, exclusions, entry allocation, Maximum Total Entries, closing dates, prize value and jurisdiction restrictions - should not be deliberately hidden in fine print. ACFP Ltd will not advertise a draw in a manner suggesting that winning is guaranteed.

32. Participating fundraising causes

A member must nominate a participating cause in accordance with the applicable ACF Club Membership Terms and Cause Allocation Policy. Participating causes are subject to ACFP Ltd approval, verification and ongoing eligibility requirements.

The member's choice of cause does not affect random winner selection, odds of winning or number of entries. No extra entries are provided for choosing one participating cause rather than another.

33. Referrals and other ACF Club rewards

ACF Club may separately provide referral, loyalty or promotional rewards governed by their own rules.

Unless expressly stated in a future legally approved Draw Schedule, ACF Club referral rewards do not create additional draw entries. Free premium-access days or periods earned by referring another member, business or cause do not convert into paid membership periods and do not themselves generate draw entries.

34. Privacy

ACFP Ltd may collect, use and retain personal information reasonably necessary to administer membership and payments, record nominated causes, calculate Cause Allocations, determine eligibility, allocate entries, conduct draws, detect fraud, verify and contact winners, award prizes, meet publication requirements and comply with legal and record-keeping obligations.

Personal information will be handled in accordance with ACFP Ltd's Privacy Policy and applicable Australian privacy law.

35. Record keeping and transparency

ACFP Ltd will maintain appropriate records concerning promotional draws and related Cause Allocations. Records may include qualifying membership transactions, membership categories, nominated causes, Cause Allocations, refunds and chargebacks, entry allocations and totals, Maximum Total Entry limits, draw and winner records, prize delivery, unclaimed prizes, permits and authorities, cause reconciliation and payments to participating causes.

Records will be retained for the period required by applicable law, regulator requirements and ACFP Ltd record-retention policies.

36. Complaints

Questions or complaints relating to an ACF Club promotional draw may be submitted through ACFP Ltd's Contact and Help process. ACFP Ltd will consider complaints reasonably and maintain appropriate records.

Nothing prevents a participant from making a complaint to an applicable consumer, charitable fundraising, gaming, privacy or other regulator.

37. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies a consumer guarantee, statutory right, remedy or liability that cannot legally be excluded under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or other applicable legislation. Where these Terms appear inconsistent with a mandatory statutory right, the statutory right prevails.

38. Limitation of liability

To the maximum extent permitted by law, ACFP Ltd is not responsible for loss arising solely from circumstances genuinely outside its reasonable control. Nothing in this clause excludes or limits liability or Australian Consumer Law rights that cannot legally be excluded or limited.

39. Changes to these Master Terms

ACFP Ltd may amend these Master Terms to reflect changes in law, regulator requirements, ACF Club systems, administrative improvements, consumer protection requirements or changes to the ACF Club membership model.

Changes will be published on the ACFP website. A material change will not ordinarily be retrospectively applied to an already-open promotion where doing so would materially disadvantage existing valid entrants. Where regulatory approval or notification is required, amendments will be made in accordance with those requirements.

40. Governing law

These Terms are governed by the laws of New South Wales, Australia, subject to any mandatory law applicable in another Australian jurisdiction in which an eligible participant resides or a promotion is conducted.

41. Contact details

Australian Community Fundraising Partners Ltd
ABN 58 638 238 301
ACN 638 238 301
Program: ACF Club

Website: acfp.acf.gold
Email: acfp@acf.gold
Support: Contact ACFP