Big Cake Bake 2023, Terms and Conditions

As a Big Cake Bake Registered Fundraiser, you must adhere to the following terms and conditions. Failure to conduct third party fundraising activities in accordance with these terms and conditions may result in you being de-registered as a Big Cake Bake host and prevented from conducting further third-party fundraising activities on behalf of Red Cross.

Important Dates

Big Cake Bake promotional period ("Promotional Period") will run between Monday 14 August and Friday, 29 September 2023.

Registered Fundraisers can run events any time between Monday, 14 August 2023 and Tuesday, 31 October 2023 ("Promotional Campaign").

Definitions

“Advertisers” means third party operated websites.

“Confirmation or Registration” means the email or notification you receive upon registering as Registered Fundraiser. This confirmation authorises you, as a Registered Fundraiser, to undertake a fundraising event/s for Red Cross.

“Event Websites/Websites” means the online information portal for Big Cake Bake at or bigcakebake.org.au.

“Fundraising Event” includes any Big Cake Bake fundraising activity or activities undertaken during the campaign. Doorknocking and telephone fundraising are not authorised events or activities for the purposes of the Big Cake Bake campaign.

“Fundraiser/Fundraising/Fundraising Event” means the act of holding an event or activity with the intention of raising funds for Red Cross. A fundraising event may be referred to as a fundraising activity.

“Fundraiser Welcome Kit” means the promotional material provided to a Registered Fundraiser to use in planning and running their fundraising event or activity for Red Cross.

“Intent” means the description of how the funds are intended to be used.

“Linked Sites” means third party operated hyperlinks.

“Online Fundraising Page” means the fundraising page with a unique URL provided to the Registered Fundraiser at registration for the purpose of collecting donations for Red Cross during the Big Cake Bake campaign period.

“Big Cake Bake” means a national Red Cross fundraising campaign of that name.

“Register/Registering/Registered” means completing the Big Cake Bake registration form by registering as a Fundraiser online at bigcakebake.org.au

“Registered Fundraiser” means a person who has completed in full the Big Cake Bake registration form.

“Big Cake Bake Period” means Monday 14 August 2023 to Tuesday, 31 October 2023.

“Supporter” means a person who agrees to help a Registered Fundraiser with their event, either financially or in-kind.

“We/Australian Red Cross/Red Cross/Promoter” means Australian Red Cross Society ABN 50 169 561 394. Address: 23-47 Villiers Street North Melbourne, VIC 3051, Phone: 03 9345 1800: www.redcross.org.au. Charity Mail Number: 10100009.

“You/Your/Registered Fundraiser” means the person who has completed the online registration process to conduct a fundraising event for Big Cake Bake at bigcakebake.org.au or who has provided their details to a Red Cross representative over the telephone.

Funds

1. The beneficiary for this campaign is the Red Cross Humanitarian Division (Red Cross) (no funds raised from this campaign will go to Australian Red Cross Lifeblood).

2. The Intent of this campaign is to use the funds raised for any activity undertaken by Red Cross that has a charitable purpose; the funds may be provided for use in connection with any specific program, service or offering at the sole discretion of Red Cross, this may include:
  -community services helping people falling through the gaps, including those experiencing homelessness and loneliness; ensuring they are supported, feel included and empowered in society;
   -supporting refugees, people seeking asylum, people in immigration detention and other people who are vulnerable as a result of migration;
   -supporting First Nations peoples and communities to build on their strengths to lead systematic changes and have more opportunities to shape their own futures;
   -working with communities to increase resilience and preparedness for climate-related disasters and other emergencies;
   -assisting communities in the Asia Pacific and globally to have an increased capacity to prepare for, anticipate, respond to and recover from disasters and crises.

3. No more than 10% of funds raised will be used for costs associated with the overall operational capacity of Red Cross for example, receipting donations, IT costs, costs to send the money overseas and overheads.

4. Any interest earned on donations will be applied back into campaign funds.

5. Donors who make a donation of $2 or more through one of our websites will be automatically issued with a receipt by email at the time of making their donation. Donors who make a donation of $2 or more, other than through our websites, must be issued with a receipt by the Registered Fundraiser if requested.

Registration

6. You must be a Registered Fundraiser in order to conduct a third-party fundraising activity as part of Big Cake Bake. This is required by charitable fundraising legislation in all States and Territories in Australia and is a requirement of fundraising for Red Cross.

7. Registrations can be made via phone 1800 RED CROSS (1800 733 276), or PO Box 2759, Melbourne VIC 3001, by  emailing contactus@redcross.org.au or online at bigcakebake.org.au

8. The website bigcakebake.org.au is operated by a third party. www.instagram.com/bigcakebake (“Event Instagram Page”) and the Big Cake Bake Facebook Group ("Event Facebook Page") are owned and operated by Red Cross.

9. Red Cross manages Big Cake Bake on behalf of all state-based Red Cross offices and branches.

10. Red Cross will not accept registrations from people residing in a country outside of Australia.

11. People residing outside Australia can make online donations or sponsor a friend in Australia who is taking part in Big Cake Bake event held in Australia.

Responsibilities of Registered Fundraisers

12. The person whose name appears on the registration form will be the Registered Fundraiser which makes them solely accountable for managing the Event in an appropriate and responsible way. This includes deciding on the Event date, venue, fundraising activity and any associated costs in running the Event. They must notify Red Cross of any changes to their Fundraising Event in advance and must only fundraise for the period of time authorised by Red Cross.

13. The Big Cake Bake period is 14 August 2023 to 31 October 2023. 

14. You may register on the website to become a Registered Fundraiser from 14 August 2023.

15. You are authorised by Red Cross to undertake fundraising activities as a Registered Fundraiser from the date identified in your Confirmation of Registration to the end of the Big Cake Bake Period on 31 October 2023.

16. You must disclose any previous criminal convictions to Red Cross when you register (although these won't prevent you from being able to organise an activity for us, they will be taken into account when assessing the suitability of the activity and yourself as the organiser) and you must disclose any criminal charges brought against you during the period you are authorised to fundraise for Red Cross by calling 1800 RED CROSS (733 276) or emailing contactus@redcross.org.au. Failure to notify us of any previous criminal convictions may result in further investigation towards yourself and your fundraising activity or refusal for authority to fundraise on Red Cross’ behalf.

17. Red Cross will provide Registered Fundraisers with a Fundraiser Welcome Kit by email upon successful completion of the registration process. This will include, but is not limited to, your Confirmation of Registration, which is your authority to fundraise, and downloadable resources to promote your fundraising and assist with your Fundraising Event.

18. Registered Fundraisers are not authorised to fundraise for Big Cake Bake until they receive their Confirmation of Registration to fundraise. For enquiries relating to the registration process, please call 1800 RED CROSS (733 276) between 8am-8pm AEDT (Monday to Friday) and 9am to 5pm AEDT (Saturday and Sunday).

19. Registered Fundraisers must carry and/or have immediate access to their Confirmation of Registration at all times when fundraising. Registered Fundraisers must allow a public official to inspect their Confirmation of Registration to fundraise on request.

20. Registered Fundraisers agree to pay all costs involved with running their Event. Event costs are at the discretion of the Registered Fundraiser and are not to be deducted from the money raised for the Big Cake Bake. Red Cross will not reimburse any person/s for any Event associated costs.

21. The Registered Fundraiser must keep records of income and expenditure and may deduct any essential costs of organising the Fundraising Event, as long as they are documented with receipts, and are fair and reasonable (e.g., you may deduct costs such as catering, venue or equipment hire). Generally, Red Cross recommends that your cost of fundraising is less than 30% of the funds raised. The Registered Fundraiser must securely keep all the funds raised by the Fundraising Event. Full records of the amount raised, along with the funds, need to be securely deposited into the Red Cross bank account within 14 days after your Event takes place or by Thursday 30 November 2023, whichever date occurs first. Visit bigcakebake.org.au, call 1800 RED CROSS (733 276) or email contactus@redcross.org.au for more information on how to deposit funds.

22. The Registered Fundraiser must ensure Red Cross is clearly identified as the beneficiary of the funds raised. Where possible, the Registered Fundraiser must detail the amount or proportion of funds raised that will be donated to Red Cross.

23. The Registered Fundraiser must not approach the general public with door to door, street or telephone collections as part of the Fundraising Event.

24. The Registered Fundraiser must comply with relevant legislation in your State or Territory, this included conducting activities in line with the relevant state and territory COVID-19 health guidelines (where applicable).

25. Registered Fundraisers need to comply with all applicable fundraising or gaming legislation or regulations in your State or Territory. You may be responsible for organising permits, licenses, insurance or authority to fundraise where necessary for fundraising activities such as raffles or competitions. This information will be available from your state government or local council and obtaining these permits is the responsibility of the Fundraiser and not Red Cross. For all gaming, trading, racing, licensing, promotional and fundraising requirements, please check legislation by contacting your nearest office:

Liability and Child Protection

26. Red Cross accepts no responsibility for any loss or damage, liability or injury (including without limitation any aggravation of an existing medical condition), occupational, health, safety and welfare claims arising from any Fundraising Event. It is the responsibility of the Registered Fundraiser to ensure the safety of themselves and any attendees of their Fundraising Event, including providing first aid services if they are needed. Registered Fundraisers are responsible for obtaining and maintaining any appropriate insurance for their Fundraising Event, including public liability insurance.

Red Cross accepts no responsibility for any food related accidents or injuries that may occur during a Fundraising Event including but not limited to food allergies, adverse reactions, food poisoning, anaphylaxis, other illnesses or sickness caused by food products and/or their preparation, storage, handling, presentation or consumption.

Any issues arising from the selling of foods prepared for the Fundraising Events, including and not limited to poorly prepared foods, food poisoning, food storage and handling and customer satisfaction are beyond the control of Red Cross and, as such, we cannot accept any liability to any person for loss or injury suffered as a result of, or in connection with such issues.

27. Red Cross accepts no responsibility for any loss, liability or injury, occupational, health, safety and welfare claims arising from any Fundraising Event. It is the responsibility of the Registered Fundraiser to ensure the safety of themselves and any attendees of their Fundraising Event, including providing first aid services if they are needed. Registered Fundraisers are responsible for obtaining and maintaining any appropriate insurance for their Fundraising Event, including public liability insurance.

28. Red Cross' public liability insurance does not cover people who choose to fundraise on our behalf. We are not liable for assessing or managing any risks associated with the Fundraising Event you are organising.

29. You agree to release to Red Cross to the fullest extent permissible under law for all claims and demands of any kind associated with the Fundraising Event, and indemnify Red Cross for all liability or costs that may arise in respect to any damage, loss or injury occurring to any person in any way associated with the activity caused by Your breach of these responsibilities or negligence.

30. Red Cross is a child safe organisation and therefore has a Child Protection Policy, in respect of persons who have contact with children in the course of their work for Red Cross. This includes all Registered Fundraisers for Big Cake Bake. It is therefore a mandatory requirement that before you start fundraising, you have read and agreed to Red Cross’ Child Protection Code of Conduct. Please read your copy here.

31. Organisations including community groups and schools registered to fundraise for Big Cake Bake are responsible for the safety and welfare of all children under the age of 18 years who are fundraising with that school or community group on behalf of Red Cross. Those organisations must ensure that they provide the children with appropriate safety guidelines and make them aware of the safety requirements set out in these Terms and Conditions.

32. Red Cross’ public liability insurance does not cover Registered Fundraisers who are running Events of their own. We are not liable for assessing or managing any risks of fundraising Events run by external parties.

33. If you are a child under 16 years of age and a fundraiser for Big Cake Bake you must have the written permission of your parent or guardian to register as a Registered Fundraiser, and you must be accompanied by a parent, guardian or responsible adult when conducting fundraising activities (i.e., a teacher).

34. If you are an adult accompanying a child fundraiser for Big Cake Bake you cannot accompany more than 6 children and must ensure that any child fundraiser:

• Is able to contact their parents at all times
• Is not required to lift or carry anything that could cause them injury
• Receives appropriate and sufficiently nutritious food and drinking water at all times
• Has access to toilet, hand-washing and hand-drying facilities
• Is not subjected to anything that could put their physical or emotional well-being at risk

35. You agree to release Red Cross to the fullest extent permissible under law for all claims and demands of any kind associated with the activity, and indemnify Red Cross for all liability or costs that may arise in respect to any damage, loss or injury occurring to any person in any way associated with the activity caused by your breach of these responsibilities or negligence.

Intellectual Property and Emblem and Logo Use

36. Registered Fundraisers acknowledge and agree that the Red Cross emblem – a Red Cross on a white background – is a symbol of protection (protective use) and of membership of the International Red Cross and Red Crescent Movement (indicative use). In times of armed conflict, it is the visible sign of the protection conferred by the Geneva Conventions on the victims and on those who come to their aid; in peacetime it shows that a person or object is linked to the International Red Cross and Red Crescent Movement, of which the International Committee of the Red Cross (ICRC) is the founding body. The emblem is also a symbol of the Movement’s seven Fundamental Principles: humanity, impartiality, neutrality, independence, voluntary service, unity and universality.

37. Registered Fundraisers and Supporters must not use the Red Cross logo or Red Cross emblem to advertise or conduct the Fundraising Event except in accordance with the materials (if any) provided to you by Red Cross. Unauthorised use of the Red Cross emblem may constitute a criminal offence under the Geneva Conventions Act 1957. You must not do anything which might bring Red Cross, the Red Cross emblem, or the Red Cross Red Crescent movement into disrepute, or which might tarnish the prestige or reduce respect for the Red Cross emblem. For more information on the Red Cross emblem, please visit redcross.org.au.

38. In promoting and running your Fundraising Event you may use:

• the equipment and other materials provided in your Fundraiser Welcome Kit (where applicable); and
• the resources downloadable on bigcakebake.org.au 
• Australian Red Cross’ name only and the Big Cake Bake name only.

39. In promoting and running your Fundraising Event you must not use the Red Cross logo, the Big Cake Bake logo or the images or text on the redcross.org.au, bigcakebake.org.au unless you have Red Cross’ prior written permission. If donors want to understand the Intent of the campaign please refer them to the website for further detail or tell them the Intent.

40. Red Cross owns the intellectual property in all materials relating to Big Cake Bake, including our website content and materials provided in the Fundraiser Welcome Kit. These materials are provided to you for use during the Big Cake Bake campaign only and you must not publish or distribute these materials for your own commercial purpose without written permission from Red Cross.

Event Websites and Linked Sites

41. Upon entering redcross.org.au or bigcakebake.org.au you have accepted and must comply with the Terms and Conditions, notices, disclaimers and intellectual property requirements on the Event Website/s. Your use of and/or continued access to the Event Website/s constitutes your agreement to the Terms and Conditions.

42. The Event Websites are run by Red Cross for this event only. Content may change but the site/s will remain dedicated to Big Cake Bake fundraising only.

43. The content of redcross.org.au and bigcakebake.org.au such as text, graphics, images and names (“Material”) is protected by Australian copyright law. Unauthorised use of the Material may violate these copyright laws.

44. Red Cross does not warrant that bigcakebake.org.au will operate error-free, nor that its servers are free of computer viruses and other harmful data or code components. Nor do we warrant that it will be able to prevent any illegal, harmful or inappropriate use, modification or alteration of content. If your use of an Event Websites results in the need for servicing or replacing equipment or data, Red Cross cannot be held liable for any associated costs.

45. The Event Websites may contain embedded hyperlinks or referral buttons to websites operated by third parties or their licensees or contractors (“Advertisers”). Any claims by Advertisers are not recommendations or endorsements by us or a list of third-party advertisers endorsed by Red Cross.

46. The Event Websites contain hyperlinks and other pointers to internet websites operated by third parties (“Linked Sites”). The Linked Sites are not under our control and we are not responsible for the content of any Linked Site or any hyperlink contained in a Linked Site.

47. Linked Sites that we recommend the use of for Big Cake Bake include: Facebook; Google; Twitter; Tik-Tok, LinkedIn; YouTube, Pinterest, Instagram. Other Linked Sites that appear on redcross.org.au or bigcakebake.org.au might not be authorised by Red Cross.

48. Your use of a Linked Site is subject to the Terms and Conditions of that site in addition to the Terms and Conditions on bigcakebake.org.au

49. Red Cross does not and cannot be involved in your interaction with Linked Sites and Advertisers. In the event that you have a dispute with one or more Linked Sites or Advertisers, to the extent permitted by law, Red Cross is exempt from liability for any claims, demands or damages arising out of or in any way connected with online disputes.

Privacy

50. Red Cross will use your personal information as a Registered Fundraiser for Big Cake Bake (including communicating with you, and sending you information via mail, email, telephone or SMS), re-marketing to you after Big Cake Bake, and for other purposes explained in our Privacy Policy as the law permits.

51. You may opt out of receiving communications from Red Cross at any time, we will provide you access to your My Red Cross portal, or you can call 1800 733 276 or email contactus@redcross.org.au. For information about your privacy and how your personal information may be used, please refer to our Privacy Policy and Privacy Collection Notice. You agree that you have read and understood our Privacy Policy and Privacy Collection Notice.

52. Red Cross may incorporate applications into its Event Websites that allow Registered Fundraisers and Supporters to upload photographs which they can then elect to share on their social media pages. If you do not wish to use this function (if it is available) do not upload any images if requested to do so by the Event Websites or select an avatar instead. 

Registered Fundraisers must also comply with their obligations under the Privacy Act 1988 as amended from time to time.

Amendments of Terms and Conditions and Withdrawal of Authority

53. If there is a likelihood of you not meeting any of the responsibilities set out in these Terms and Conditions, we reserve the right to withdraw your authority to organise an activity or conduct a fundraising event at any time.

54. We may amend these Terms and Conditions at any time during the campaign period. Upon amending Terms and Conditions, we will re-post them at bigcakebake.org.au. Registered Fundraisers will be bound by the amended Terms and Conditions from that time. Any changes to the Terms and Conditions relating to Big Cake Bake (including cancellation or suspension of your authority to fundraise), may be subject to the approval of all relevant State and Territory regulators.