Terms


The Fine Print

DUCK DERBY 2016 – “THE RULES”

Background, Terms & Conditions

DuckLine-450x75-150dpi

Getting our Ducks Lined Up!

 

Background of Lottery
& Event Organiser

Rotary Club of Heirisson Inc. (a member of Rotary International)
Registered Association Number:   A1001796J
Australian Business Number (ABN):   65 385 589 482
Charitable Collections Licence (CCL):   20680

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The “Duck Derby” is an initiative of and conducted by the Rotary Club of Heirisson Inc. (a member of Rotary International), herein after “Heirisson Rotary”. Heirisson Rotary has conducted the Duck Derby annually since 2011.

Heirisson Rotary is a licensed charitable collector under the Charitable Collections Act 1946, and maintains the highest standards of integrity with regard to its club and charitable operations generally, and the conduct of the Duck Derby specifically, in accordance with its Constitution, Rotary’s Object and Mission, its principle of “Service above self”, its Four Way Test and Code of Conduct (formerly Declaration of Rotarians in Business and the Professions).

The Duck Derby is considered a standard lottery (or ‘raffle’) under the Gaming and Wagering Commission Act 1987 and related regulations, and Heirisson Rotary is an ‘acceptable body’ under section 51 of that Act.

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  • Permit Holder,
    Conditions
    & Integrity

The 2016 Duck Derby permit holder is:

Allan McLean (M: 0411 721 851 — not for general enquiries)
13 Woodsome Street, Mount Lawley, Western Australia, AUSTRALIA

Permit #: LS208262216

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Heirisson Rotary has nominated a permit holder who:

  • is over 18 years of age and has made application on its behalf for a permit to conduct a lottery, and
  • is personally concerned in the administration of, and
  • will be responsible for the conduct of,

gaming in relation to the lottery in accordance with the permit, relevant acts and regulations, and Rotary’s ethical requirements.

Heirisson Rotary’s board ensures that the lottery is conducted in accordance with the Gaming and Wagering Commission Act 1987, the regulations under the Act and the conditions attached to the permit authorising the conduct of the lottery.

If for any reason (such as resignation, dismissal or otherwise) the permit holder is unable to carry out the permit holder’s duties, the directors of Heirisson Rotary shall be severally liable as if they were the holder of the permit until such time as they nominate another natural person and the nomination is lodged and accepted by the Department of Racing, Gaming and Liquor.

Permit Holder Delegate

The permit holder and event organiser have deputised the following member to assist with ticket sales and conduct of the lottery, and may exercise the powers and perform the duties of the permit holder in relation to ticket sales (excluding e-commerce sales as identified below), subject to conditions of the permit, except for the power of further delegation :

Mathew Clarke

E: adoptions@duckderby.com.au

M: 0413 810 888 (for block ticket sales)

Authorised Representatives

The permit holder (or delegate) on behalf of the event organiser, may appoint authorised representatives to facilitate block or bulk ticket book sales. Authorised representatives:

  • will be identified in a ticket register with the ticket numbers they are allocated, and
  • should identify themselves as authorised representatives of the event organiser, for example by wearing an appropriate name badge, and
  • must relay ticket sales proceeds and all relevant, reconciled ticket information to the permit holder or deputy as soon as practicable after books are sold, and by 1.00 pm on 20 March at the very latest,

because:

  • All unsold tickets must be returned to the permit holder before the draw; and
  • All sold ticket stubs must be included in the draw.
Other Event Permits

For purposes of these events on the day, the event organiser holds copies of relevant permits for use of Victoria Gardens for the Claisebrook Carnivale from the City of Perth, and Claisebrook Cove for the Duck Derby from the Department of Transport and Swan River Trust.

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  • Official
    Correspondence

All official correspondence to:

Duck Derby, Rotary Club of Heirisson
PO Box 9392, East Perth WA 6892 AUSTRALIA
E: events@heirisson.org.au

No public correspondence will be entered into in relation to event conduct, results or prize-winners.

  • Statutory &
    Other Information

All permit statutory details are shown on you adoption ticket or online receipts.

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2016

Permit Number:

LS208262216 Opening Date: Monday
15 February 2016
Drawing Date: Sunday 20 March 2016
Ticket Price: $10.00 each Total Number of
Tickets Available:
10,000 Total
Prize Value:
$10,000 in Buon Viaggio
Travel vouchers
Result

Publication

Date:

The Weekend West,
Saturday 2 April 2016
Duck Derby
commences around:
2.00 pm Draw
Location:
Claisebrook Cove East Perth

(see also ‘Alternate Arrangements’)

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  • Purpose of Event
    & Use of Funds

Proceeds support Telethon and Rotary projects and programs.

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Funds raised by the Duck Derby are used for the active promotion, support or conduct of the Object of Rotary, as determined by Rotary International, consistent with Heirisson club’s Constitution, within statutory limits for sporting, social, political, literary, artistic, scientific, benevolent, charitable, or other like activity.

Telethon WA (see: http://telethon.7perth.com.au) is an equal beneficiary in gross sales of the event with Heirisson Rotary. Telethon is a registered children’s charitable trust dedicated to raising funds to improve the lives of children and young people throughout Western Australia. Since 1968 it has been supporting the medical and social welfare of children and young people, and funding research into children’s diseases

Heirisson Rotary applies its proportion of proceeds to community, vocational and international service projects and Rotary-related youth programs. Previously these have included significant contributions towards:

Funds are NOT used for the purpose of private gain or any commercial undertaking. Where funds raised are donated to a charity or other community organisation, that entity will also need to confirm what the use of funds will be and that the funds will not be used for private gain or commercial undertaking or benefit.

Conventionally Heirisson Rotary does not donate funds to private commercial organisations, but has on occasion acquired equipment for organisations delivering benevolent, charitable, social, sporting, vocational or not-for-profit services operating on a fee-for-service cost-recovery basis. Recent examples have included:

Through separate funding sources Heirisson Rotary also supports:

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Terms & Conditions

THE FOLLOWING TERMS AND CONDITIONS OF USE APPLY IN USING THIS WEBSITE, AND AS APPROPRIATE TO THE CLAISEBROOK CARNIVALE AND DUCK DERBY (AND ASSOCIATED ACTIVITIES AND EVENTS) MORE GENERALLY.

This event is subject to all federal, state and local laws and is voided where prohibited by law.

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The Rotary Club of Heirisson, is hereinafter referred to as the “event organiser”, or “we”, “our” and “us” in these terms of use. The term “you” refers to any participant in these events, user or viewer of this site.

These terms and conditions apply to the event generally and more particularly to your use of the event organiser webpage and other websites, mobile sites, applications and services made available by us (“the site”). Your participation in events and use of the site is deemed to be your conclusive acceptance of these terms and conditions.

All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If users do not agree to these terms and conditions, please do not use this site.

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  • Ducks, Tickets,
    Sales & Refunds

Duck Derby ducks belong to Heirisson Rotary. All adoptions are final! No discounts, no refunds available.

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All ducks entered will be provided by the event organiser and shall remain property of Heirisson Rotary.

All tickets are sold at the same price as authorised by the permit. The whole purchase price of each ticket sold must be paid before a ticket is issued. Bulk and block ticket sales are not discounted. All transactions are in Australian dollars.

No person under the age of 12 years is permitted to sell or purchase lottery tickets. Prizes won by minors will be awarded to custody and care of their parents or legal guardian on the winner’s behalf.

Tickets may not be sent or posted to any person for the purpose of sale to or by that person, unless their consent has previously been obtained to either buy or sell tickets in the lottery.

Any person who buys or sells a ticket must at the time of the sale, legibly record on the stub of the ticket (or record electronically) the surname and postal or residential address of the ticket holder, or cause such details to be recorded in an approved register.

Refunds of Duck Derby ticket purchases cannot be given if applicants change their minds or make an error or wrong decision. Ticket purchasers are advised to exercise care in purchasing tickets as no refund can be provided once a ticket is acquired.

Refunds on other purchases are at the discretion of the event organiser. Contact information is available under Contact us section.

Each ticket sold, or online ticket confirmation receipt, displays the following information:

  • Ticket number;
  • Price of ticket;
  • Name and contact number of permit holder;
  • Name of organisation on behalf of which the lottery is conducted;
  • Permit number;
  • Description and value of prizes;
  • Ticket sales closing and drawing dates;
  • Name and date of issue of the newspaper/publication in which the results are to appear.

As provided by the purchaser, ticket records will also include the ticket-holder name and contact details.

For online sales, should you not receive a confirmation email receipt promptly (at most within one day) after completing your ticket order, please contact adoptions@duckderby.com.au.

For manual sales:

  • Tickets may not be sold or offered for sale in any street, public thoroughfare, right of way, doorway or any place where it is contrary to any statute or by-law, unless written approval has been obtained from the appropriate authority. Any manual ‘house to house’ sales or ‘door-knocking’ must be restricted to hours between 9 am and 6 pm.
  • Completed entries (in the form of ticket stubs and related proceeds) must be received by 1.00 pm on 20 March 2016. All entries received by an authorised representative must be sent to and received by the event organiser at least one hour before the race. If still available, ducks can be adopted the day of the race. Entrants assume the risk of non-delivery of any entries to the event organiser or an authorised representative of the event organiser.

The permit holder and delegate(s), directors and officers of the event organiser and any lottery service contractor shall be ineligible to participate in the lottery and shall be ineligible for any prize.

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  • Conduct of Event

The Duck Derby lottery is conducted strictly in accordance with conditions of the permit.

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Purchasers ‘adopt’ ducks through purchase of tickets either:

  • online by e-commerce, where each ticket sold is sequentially numbered and each purchaser receives email notification confirming the ticket numbers they hold. A database records ticket numbers allocated to each sale, and purchaser names and contact information as provided by each purchaser, and other relevant information as indicated on data entry; or
  • manually by block ticket or other manual sales where each ticket in books is sequentially numbered separately from online sales. Ticket stubs record ticket numbers, and capture name and contact information as provided by purchasers.

All issued tickets are included in the ‘draw’ for the event in the form of matching ducks, but online and manual ticket records are not otherwise combined. Multiple duck entries from one online sale will be assigned equivalent ticket numbers and thus tagged ducks for identification. Each ticket sold equates with an ‘adopted’ duck tagged with that ticket number. The number will be attached to each duck relating to the number on an entry ticket in the manner determined by the event organiser.

Not all available tickets may be sold, but if sold before the event tickets may not be available at the Duck Derby on the day. Chances of winning depend on the total number of qualified entries.

Immediately prior to the event, all adopted ducks are held in hoppers that release a waterfall of ducks into Claisebrook Cove from Trafalgar Bridge at start of the Duck Derby.

Once ducks are released, they are on their own. No attempt to free or interfere with any duck is permitted, except in extraordinary circumstances if deemed necessary for public safety or environmental precautions or equivalent reasons by the event organisers.

Ducks are corralled by floating booms into an area oriented appropriately to prevailing weather conditions (especially wind and tide), which propel ducks to the finish line.

Every holder of a ticket has a fair and equal chance, in respect of every ticket or chance held by him or her, of winning a prize.

The first duck that crosses the finish line wins first prize, the second wins second prize and the third wins third prize. Winning ducks are plucked individually from the water and retained for subsequent confirmation of prize-winning ticket holders.

The race-course will close within one hour after the first duck has crossed the finish line and/or been gathered into duck traps. Any ducks finishing after that time will not be eligible for prizes.

Duck Derby entrants need not be present to win.

The person’s name that appears on the entry ticket corresponding to a prize-winner will be awarded that prize (subject to legal majority of the ticket-holder as indicated above). Winners may be required to provide proper identification (eg: manual ticket, online receipt, driver’s licence etc).

Where practicable, winners will be announced at the event at approximately 3.00 pm following the conclusion of the Duck Derby on 20 March 2016. Winners will, where necessary, also be notified by telephone, email or post as indicated on their entry. Winners will also be published as required by conditions of the permit (see above).

The Duck Derby is conventionally overseen by racing and gaming officials, further assuring integrity of the event.

The conduct of this event and the determination of Duck Derby winners will be witnessed by the permit holder and other representatives of the event organiser. The permit holder, in consultation with the event organiser, will make all decisions and interpretations of rules, permit and regulations, and those judgments are final. If deemed necessary, the event organiser has the discretion to modify rules due to extra-ordinary circumstances.

All ducks are subsequently collected, stored, and if necessary retagged for reuse in subsequent events.

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  • Public Photography

The Claisebrook Carnivale and Duck Derby (and associated events) are public events.

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As public events, the event organiser cannot guarantee privacy of any person photographed (including filmed or videoed etc) at these events. If you do not want a photograph taken of yourself, or any children in your care, please tactfully advise the photographer accordingly. The Rotary Club of Heirisson reserves the right to use images in its image archives to promote awareness of these events, now and in future. If you are the subject of an image published digitally, you may contact us if you wish this to be removed in future editions. Should such an image be published in social media, we will endeavour to remove or replace it at our sole discretion.

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  • Website &
    E-Commerce Services

This online adoptions site is provided for convenience of the public. Use of e-commerce is at the discretion of the user.

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The event organiser does not guarantee that the event website will be free from viruses, or that access to the event organiser website will be uninterrupted.

E-Commerce processing of ticket purchases by credit card or electronic banking is conducted by Main Menu Systems using a TNS payment gateway. This on-line merchant is located in Australia. For further information see the links below.

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  • Credit Card Details &
    Unauthorised Use of Credit Cards

Any donations/purchases made through the event organiser website using a credit card, or any other form of online payment, are final.

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If you become aware that your credit card has been lost, stolen or is being used fraudulently, it is your responsibility to report the issue to your financial institution. For further information see privacy and security below.

We do not store your credit card details. We utilise a Westpac for basic merchant facilities.

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  • Travel Voucher Conditions

Travel vouchers are provided by Buon Viaggio Travel.

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As provider of prize vouchers, Buon Viaggio Travel indicates that their voucher will be redeemable for any domestic or international package/tour to be booked through Buon Viaggio Travel. Each voucher is valid for twelve (12) months. The voucher may not be used for flights only and would not be redeemable for cash or transferrable.

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  • Alternate Arrangements

In exceptional circumstances, the event organiser reserves the right to randomly draw results of the lottery through alternate means.

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The Duck Derby is a public event reliant on availability of its venue Claisebrook Cove and surrounds, climatic conditions, volunteer participants and other significant factors ultimately beyond the control of the event organiser.

In case of inclement weather, acts of God or other extraordinary circumstances where the Duck Derby cannot be concluded at the Cove, the event organiser reserves the right to determine the event result and thus prize winners by alternate means of random number generation or other random drawing as soon as practicable after the nominated closing date, at its sole discretion.

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  • Prize Collection
    & Uncollected Prizes

Prize winners may be requested to attend a post-Duck Derby function for formal presentation of prizes or to thank volunteers, sponsors, donors and associates.

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All reasonable effort will be made to deliver prizes to the identified prize-winning ticket-holders (given the contact details provided by purchasers when acquiring their tickets) within 30 days of the result publication date.

By entering, winners consent to promotional use of their names and likeness, unless otherwise previously requested in writing (without additional compensation). The event organiser and designee(s) may use names, and likeness of Duck Derby winner(s) for promotional purposes without further compensation to the event organiser or the prize winner(s).

A winner is entitled to receive only the prize awarded and the event organiser is not responsible for any additional cost incurred in connection with that prize. No cash equivalent prizes will be provided in lieu of the designated prizes. Prizes will be awarded “as is” and no substitution of prizes will be permitted. The event organiser will have no liability with respect to any prize awarded.

The permit holder and event organiser accept no responsibility for delivering tickets should ticket purchasers provide name or contact details that are incomplete, inaccurate or erroneous, or otherwise changed from those provided on purchase.

Should prizes be uncollected for 12 months, the event organiser will handle uncollected prizes as required under legislation, on advice of racing and gaming authorities.

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  • Warranties

The event organiser will rely on information provided when purchasing tickets as definitive of the rights of the ticket-holder for winning tickets, subject to the minority of  any ticket holder as noted previously (see Ducks, Tickets, Sales & Refunds). We make no warrantee concerning delivery of prizes to third parties, nominees or beneficiaries.

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You warrant that all information provided by you to , including on any personal fundraising/ticketing/registrations or web-shopping:

  • is true and correct;
  • is not misleading or deceptive, defamatory or obscene;
  • does not infringe a third party’s intellectual property rights; and
  • can be lawfully published by the event organiser.

You will indemnify and keep the event organiser indemnified against all claims, costs, expenses, damages, liability or loss arising in relation to a breach of any of the above warranties.

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  • Website Usage

You must not use the event organiser website to facilitate or participate in any illegal activity or engage in any activity that the event organiser, in its absolute discretion, considers to be inappropriate.

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You must not attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the site or any other websites. You must not attempt to bypass the network firewall and you must not use any part of the site which you are not authorised to use or devise ways to circumvent security in order to access part of the site which you are not authorised to access. This includes but is not limited to scanning networks with the intent to breach and/or evaluate security, whether or not the intrusion results in access;

The event organiser reserves the right to immediately and indefinitely restrict your access to the event organiser website in any way considered reasonably necessary if it suspects that you are engaging in any of the above behaviour.

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  • Privacy & Security
    (& Cookies)

The event organiser and permit holder acknowledge that the Privacy Act 1988 (Commonwealth), in particular the National Privacy Principles in the Schedule of that Act, may be applicable in relation to the use of information about individuals obtained in the course of conducting a standard lottery.

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Information gathered during the Duck Derby will only be used by Heirisson Rotary for purposes consistent with its objects and the conduct of the Duck Derby, or as otherwise required by law, and will not be used commercially or for any other purpose.

Lottery regulations and permit conditions require the permit holder (and thus more widely the event organiser and any delegates) to maintain and retain written records of the numbers of the tickets issued for sale, and the names and addresses of persons to whom they were issued, the number of such tickets issued that have been sold and the number of tickets returned unsold. A ticket register is therefore held with following information for each ticket sold:

  • Ticket Number
  • Ticket-holder Name and Contact

with other records of unissued or undistributed, and unused or unsold tickets.

Such information will held with appropriate levels of security, and records will be retained for at least one year as required by permit conditions.

When adopting ducks online for the Duck Derby, card details are transmitted through a secure application programming interface hosted by Main Menu Systems using the TNS payment gateway. Credit card details are not entered or retained on the Duck Derby website, and card data is not stored by Main Menu Systems after processing.

Except as essential for manual processing (should this be necessary for block sales or other transactions), and audit trail control, customer credit card and banking information is not otherwise retained by Heirisson Rotary.

You may browse this website without disclosing your identity. However, tickets in the Duck Derby or other payments require the name and contact details of the purchaser. This website may use devices such as ‘cookies’ to collect anonymous traffic data from users.  Internet servers may also automatically record details about any computer used to access this website including the IP address, domain name and browser type, the date and time of access, and details of information downloaded. We may use this information for internal purposes and to improve this website. Any other information supplied to us, including personal information supplied to us voluntarily on this website, is treated in accordance with our privacy policy which can be viewed below (see also  www.mainmenu.com.au/privacy).

‘Cookies’ are data that a website transfers to an individual’s hard drive for record-keeping purposes. Cookies, which are industry standard and are used by most websites, including those operated by us, can facilitate a user’s ongoing access to and use of a site. They allow us to customise the website to your needs. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. But you should note that cookies may be necessary to provide you with some features of our on-line services.

You consent to receiving marketing content from the event organiser, but you can opt out of this at any time by ‘contacting us’.

You also consent the event organiser keeping donor data passed for the sole use of the event organiser. You can opt out of this at any time by ‘contacting us’.

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  • Disclaimer, Waiver
    & Indemnification

While reasonable effort is made by the event organiser to maintain current information concerning these events, no responsibility can be taken for decisions or actions made in relation to information on the Duck Derby website, or other published information.

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Within requirements of applicable permits, terms and conditions, conduct of the Claisebrook Carnivale and Duck Derby (and associated events) as outlined in this and related material, is subject to:

  • various unpredictable factors such as weather and traffic conditions for which the event organiser can take no responsibility, and
  • the involvement of volunteers and third party suppliers who have direct responsibility for their own conduct.

All participants in the Claisebrook Carnivale or Duck Derby, or associated events and activities, are advised that they involve themselves at their own risk and are responsible for their own actions within the requirements of law.

By entering, entrants release the event organiser, sponsors, contractors, employees, and their officers, directors, staff, volunteers and other related entities from any and all liability with respect to prizes and to bodily injury or damage to property at the event location, transit services, or surrounding access and parking areas near the venue, whether or not due to negligence of the event organiser, sponsors, contractors, employees, and their officers, directors, staff, volunteers and other related entities.

Users, entrants and participants agree to indemnify, defend, and hold harmless the event organiser, its officers, directors, employees, agents, licensors, contractors and suppliers (collectively the “service providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to these events (including negligent or wrongful conduct) by them or any other person accessing the website using their Internet account.

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  • Copyright &
    Intellectual Property Rights

Except where otherwise noted, the event organiser owns the intellectual property rights, including copyright, in all content of this website and in all associated events.

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Except as necessary for using this website on your browser, or as permitted under the Copyright Act 1968 or other applicable laws, no material on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific prior written consent of the event organiser.The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under Australian and other copyright laws, and is the property of the event organiser, except where otherwise acknowledged. The collective work includes works that are licensed to the Duck Derby. Copyright 2016, Rotary Club of Heirisson Inc. ALL RIGHTS RESERVED.

Permission is granted to electronically copy and print hard copy portions of this site only for the purposes of promoting awareness of these events or tickets sales in the Duck Derby, placing an order with the event organiser or purchasing Duck Derby products. Users may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for their own non-commercial use, or to place an order with the event organiser or purchasing Duck Derby products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorised by the event organiser. Users further agree not to change or delete any proprietary notices from materials downloaded from the site.

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  • Trademarks

All trademarks, service marks and trading names of the Duck Derby and Claisebrook Carnivale used in the site or related promotion or other materials are property of Rotary Club of Heirisson as the event organiser.
  • Warranty Disclaimer

This site and the materials and products on this site, and of all associated events, are provided “as is” and without warranties of any kind, whether express or implied.

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To the fullest extent permissible pursuant to applicable law, the event organiser disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. The event organiser does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. The event organiser does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some jurisdictions do not permit limitations or exclusions on warranties, so the above limitations may not apply to all users.

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  • Limitation of Liability
    & Jurisdiction

Your participation in the Duck Derby and related events and use of the site is at your sole risk. The content and services are supplied to you on an “as is” and “as available” basis.

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The liability of the event organiser for any breach of these terms and conditions, any statutory cause of action, common law action or tort (including negligence) in any way is limited as follows:

  • The event organiser will not be liable for indirect or consequential loss or damage, notwithstanding anything else in this agreement. This includes loss of profits, loss of any business opportunity and damage to computer equipment;
  • The event organiser’s liability for a breach of a condition or consumer guarantee required or implied by law that cannot be excluded, is limited to the maximum extent possible, at the event organiser’s option, and as circumstances and permit conditions practically allow, to:
  • the supply of the services again;
  • payment of the cost of having the services resupplied.

The event organiser shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if the event organiser has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to all users.

These events, and this website and its use, are governed in all respects by the laws of the state of Western Australia, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Users agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Duck Derby products) shall be in the state or federal courts located in Western Australia. Any cause of action or claim users may have with respect to the site (including but not limited to the purchase of Duck Derby products) must be commenced within one year after the claim or cause of action arises. The event organiser’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. The event organiser may assign its rights and duties under this agreement to any party at any time without notice.

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  • Validity & Satisfaction
    of Terms & Conditions

The event organiser accepts no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond the event organiser’s reasonable control.

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If any of these terms and conditions is held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

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  • Typographical Errors

In the event that a Duck Derby or related product or service is mistakenly listed at an incorrect price, the event organiser reserves the right to refuse or cancel any orders placed for that product or service listed at the incorrect price.

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The event organiser reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and a user’s credit card charged. If a credit card has already been charged for the purchase at an incorrect price, the event organiser may issue a credit to that credit card account in the amount of the incorrect price. (Please not above, refunds cannot be issued for ticket purchases.)

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  • Amendment or Termination
    of Terms & Conditions

We reserve the right, at our discretion, to modify or remove portions of our terms and conditions at any time and such modification shall be effective immediately upon web posting of the modified terms and conditions.

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These terms and conditions are applicable to participation in these events or to users upon accessing the site and/or completing the registration or shopping process, as appropriate. They, or any part of them, may be modified amended or terminated by the event organiser without notice at any time, for any reason. The provisions relating to copyrights, trademark, disclaimer, limitation of liability and jurisdiction, indemnification and waiver, shall survive any termination.

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  • Notice

The event organiser may deliver notice by means of e-mail, social media, a general notice on this site, or by other reliable cost-effective method to the address provided to the event organiser.

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Any notice posted on social media, or this site or sent by means of e-mail, will be deemed delivered by the event organiser.

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  • Third Party Links

For the convenience of our users and in an attempt to provide increased value to our visitors, the event organiser may links and other pointers to web-sites operated by third parties.

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However, even if the third party is affiliated with Duck Derby, the event organiser has no control over these linked sites, all of which have separate privacy and data collection practices, independent of the event organiser. We are not responsible for their availability or their content or services and we make no warranty in respect of those links in this regard. These linked sites are only for user convenience and therefore users access them at their own risk.

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  • Feedback & Complaints

The event organiser seeks to protect the integrity of its Duck Derby web-site and the links placed upon it and therefore requests any feedback about its events and online information, on not only for this site, but also for sites it links to as well (including if a specific link does not work).

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The event organiser will handle all complaints as promptly as circumstances allow taking into account the nature of the complaint, the context in which it is made and related events occur, relevant permit requirements and these terms and conditions.

Please use the Contact page to contact us.

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  •  Information Links

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Updated: 2016-02-01