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Terms & Conditions

Fundraising Terms and Conditions

We have created the following terms and conditions to support and protect You while You fundraise for Make-A-Wish (Us, We). You must take the time to read these requirements before You get started. If there is anything in the terms below that You don’t understand, please call us to talk it through. You should not proceed if there is any part You do not understand. You should carefully plan Your activity from beginning to end with a full understanding of Your responsibilities.

Before

1. By registering your event via this platform, We will provide You with an ‘Authority to Fundraise’ document. This document is Your proof that You are running a legitimate Make-A-Wish fundraiser.
2. If You are under 18, Your parent or guardian must consent to Your fundraising activity and agree to these terms and conditions for You to be authorised to run a fundraising activity. The Make-A-Wish Australia Fundraising Team may contact fundraisers under 18 and their nominated parent or guardian about their fundraising activity.
3. We need to be able to manage the types of activities, events, or donations that We will accept, so if We believe your fundraising event or activity is inconsistent with Our mission, values, objectives, and branding, We may decline permission.
4. By applying to run a fundraising activity, You confirm that You have no prior criminal convictions, pending criminal cases or appeals, or charges and have not pled guilty to a criminal offence to avoid conviction. This requirement should be interpreted broadly. If You do not meet Our criteria, Our general rule is that You cannot conduct fundraising activities for Us. If You have any concerns about Your eligibility, please speak to Us, as We will consider Your circumstances on its merits and it may not automatically disqualify You from supporting Our cause.
5. You shouldn’t use Your approval as a fundraiser or Your association with our organisation for Your own personal gain or benefit.
6. While We don’t mind You using the Make-A-Wish brand to promote Your own business via a fundraising initiative, You need to ask Us for permission first.
7. You need to be careful not to undertake, and We will not approve, any fundraising activity or initiative that is unlawful or might foreseeably align Make-A-Wish with any unlawful activity or with matters related to politics, firearms, alcohol or tobacco organisations, any X-rated or violent content, or any other objectionable materials. We will always decline requests for approvals for these things. All activities need to be G-rated.
8. The reputation and community standing of Make-A-Wish is of critical value to us and the work We do. We therefore require that all fundraisers and fundraising participants always hold and exhibit high moral values when undertaking any part of any Make-A-Wish fundraising activity including the event itself, its promotion or public presentation (including social media), dealing with suppliers and all interactions relating to Make-A-Wish. Our fundraisers must conduct themselves with dignity, propriety and decency and not display any inappropriate behaviour or conduct, including (without limitation) the use of illegal substances, intoxication, inappropriate and offensive language, bullying, intimidating or threatening behaviour.
9. If you propose specific involvement by Make-A-Wish or any of its staff, You need to clarify this when You submit the proposal for Your activity. That way We can consider Your request in the context of the whole activity and respond to that request before You make any commitments or plans.
10. You must not use door-to-door fundraising or street collections in any of Your initiatives.
11. Your initiative is entirely Yours. Make-A-Wish accepts no legal or financial responsibility or involvement in Your fundraising initiative except as set out in these terms and conditions.
12. The initiative must be concluded by the date we approve on your application.

Safeguarding Children and Young People Statement of Commitment

1. By agreeing to these fundraising terms and conditions, you confirm that you have read and agree to comply with Make-A-Wish’s Safeguarding Children and Young People Statement of Commitment and will comply with the Code of Conduct for Wish Partners and Suppliers.

Legal Compliance and Fundraising Laws

1. Fundraisers are responsible for ensuring compliance with relevant legislation. Each state and territory has its own legislation, which should be checked beforehand with the state or territory government or local council.
2. You must ensure that you comply with regulations regarding liquor licensing, food preparation, raffles, auctions, and all other activities that require legal compliance.
3. Below is a list of organisations You can contact for more information about fundraising legislation in Your state or territory. The list is not exhaustive, so please feel free to do further research on Your initiative.
4. You may need a permit for what You are proposing in Your fundraising activity. You should include as much information as You can about Your activity when You complete Your application form so that We can guide You on what You may require to run Your activity.
5. You should also check with Your local council to ensure that You do not require any permits to serve food or alcohol, hold an event in public or conduct any other aspect of Your fundraising initiative.
6. If requested, copies of any permits obtained must be sent to the Make-A-Wish Fundraising Team via email fundraising@makeawish.org.au before the fundraising activity commences.

Insurance and Risk Management

1. Your fundraising activities are not covered by Make-A-Wish’s insurance including its public liability insurance. You should make Your own enquiries to ensure that You have adequate insurance to cover the fundraising initiative and those involved. If Your initiative will be conducted at a venue, the venue provider may have insurance coverage extending to their facilities' use. You should make enquiries directly with the venue provider.
2. You must take all reasonable precautions to ensure that You and those involved in Your fundraising activities are physically and mentally capable of safely performing the things required for Your fundraising activity. You should advise those assisting You, to seek medical advice before undertaking any strenuous activity, physical challenges or an activity that may conceivably cause You, or those assisting You, injury or harm.
3. You should consider any extreme weather events and adjust your event accordingly.

Intellectual Property

1. If You want to use the Make-A-Wish name, logo, the “proudly supporting” logo, or any other Make-A-Wish intellectual property, on any materials related to Your fundraising activity, You need Our written approval first. If You want to use any of Our intellectual property, You should ask Us for them via email. Even though We may provide the logos to You, this does not mean that We have approved Your use of them. You still need to submit to Us with the relevant media containing the intellectual property (or other materials We provide) for approval. You don’t have to wait for all of Your material to be ready before You send it to Us for permission. You can send it through in separate emails. That way, You can consider any changes We require when You are putting together the rest of Your materials.

Public Statements

1. You mustn’t make any statements on behalf of Make-A-Wish that may reasonably appear to anyone as coming from an official Make-A-Wish representative.
2. Any messages We use in public promotion (through both digital and traditional channels) must be consistent. We can provide You with messaging and imagery to help with Your promotions, and We can review any materials before they are released. You need to inform us of any public relations opportunities, such as attendance by the media, celebrities, politicians etc.
3. Sometimes, people are motivated to fundraise for Make-A-Wish due to an experience they have seen someone go through. If You want to talk about that, especially in a public forum or in Your publicity materials, You need to seek that person’s permission or permission from their parent or guardian to refer to their experience. We all need to respect that some people may not want their experience to be made public so it’s very important that We keep this in mind and consider the impact on and respect the wishes of others, particularly those who have been part of the wish program at Make-A-Wish.

Changes

1. If You change anything about Your fundraising initiative after receiving Our approval, You must let us know. We reserve the right to alter or revoke Our approval depending on the extent of the change.

Withdrawal of approval

1. Make-A-Wish can revoke any approval, authority or other verification of Your activity at any time if We think that what You are planning or doing might negatively affect the image or reputation of Make-A-Wish. We can also revoke or withdraw all or part of an approval or consent if We believe that You might not be able to meet any of these terms and conditions or for any other reason.

Indemnity

1. By conducting the fundraising activity, You agree, to the fullest extent permitted by law, to indemnify, defend, and hold harmless Make-A-Wish, its officers, directors, employees, agents and volunteers from and against any and all claims, liabilities, damages, losses, expenses, or costs (including reasonable legal fees) arising or in any way connected with Your fundraising activity. This includes but is not limited to, any claims or liabilities arising from third parties or those involved in the activity. This indemnity shall not apply where such claims arise from the negligence or wilful misconduct of Make-A-Wish.

Tax deductibility of donations

1. In broad terms, all monetary donations made directly to Make-A-Wish over $2 are eligible for a tax-deductible receipt. Everyone who donates over $2 via Your registered Make-A-Wish online fundraising page will automatically be issued a receipt from Make-A-Wish in a tax-deductible form. If a person offers a donation at any of Your events or initiatives and requires a receipt, You should refer them to Your online fundraising page for the donation and a receipt to be issued that way.

Make-A-Wish Fundraising Pages

1. Make-A-Wish does not actively monitor fundraising pages. Fundraising pages must always be child-friendly, run and populated with information, pictures, and messages consistent with our brand. The sorts of things We do not allow on fundraising pages include:

1. Material that breaches or may breach the intellectual property rights of others, e.g. copying and pasting content from other Websites etc.
2. Images of people from whom You have not obtained consent to post their image.
3. Any offensive material, for example, racist, sexist, not G-rated etc.
4. Any material that has the potential to breach the law or that We find objectionable in Our opinion and at Our discretion.

2. We reserve the right to remove any offending material from Your fundraising page, or We may decide to close or request that You close Your page altogether in our absolute discretion.

Complying with the law

1. You must not mislead or deceive people or conduct other behaviour or actions that would contravene any legal requirement or prohibition. Compliance with any health and safety directions is a must. Many of our other terms set out in this document are based on legal requirements, and it is impossible to list every law with which you must comply, which can also vary based on your initiative or activity. So, you should not take this section as the full extent required to comply with the law.
2. The privacy of everyone involved with Make-A-Wish is critical. Because of this, We need You to understand that when You are conducting a fundraising initiative, You are obliged to comply with privacy laws.
3. By registering as a fundraiser, You consent to Make-a-Wish using and disclosing Your personal information to our agencies and other third parties that We might engage occasionally in connection with fundraising activities and the purposes set out in our privacy policy.

Consent

1. By submitting photographs or other information relating to Your initiative to us, You consent to them to be published online or in publications by Make-A-Wish at any time.
2. By providing photographs or other information to Make-A-Wish, You are representing that You have all rights to or have obtained the necessary consents or releases from the subjects of the photographs or providers/contributors/owners of the other information You give us, including Your consent. We may publish this material on our Website and/or any other method of publication now or in the future.
3. Any consent You give under these Terms and Conditions does not automatically cease if You cease being a fundraiser, so if there is a reason You would like us not to use any image or other material You have provided, You should contact us to discuss.

Proceeds of Your fundraising activities

1. You need to remit the net proceeds of Your fundraising activity to Make-A-Wish within 14 days of its completion. If You need more time for any reason, please contact us to discuss.
2. We must be transparent about our finances. We all need to keep costs as low as possible when we’re fundraising. Your expenses should never exceed 40% of your income, and you should aim for much lower.
3. If You are undertaking a promotion in which You donate a percentage or a dollar amount related to a sale or sales, You need to be very clear about the percentage or dollar amount so that members of the public can identify how much of their purchase price or donation is going towards the Make-A-Wish cause.

Fundraising legislation by state and territory

Make-A-Wish Australia defines a child as anyone under 18 for fundraising purposes. Fundraisers must adhere to the relevant state or territory youth and general fundraising requirements. Please seek advice from your state/territory fundraising authority below for further information.

Australian Capital Territory

Access Canberra regulates fundraising activities in the ACT under the?Charitable Collections Act 2003 (ACT) and the Charitable Collections Regulation 2003 (ACT).

The ACT Gambling and Racing Commission regulates lotteries (including raffles and Calcutta events).

 New South Wales

NSW Fair Trading regulates charitable fundraising activities under the Charitable Fundraising Act 1991 (NSW) and Charitable Fundraising Regulation 2021 (NSW).

Northern Territory

The Northern Territory does not have legislation that governs charitable fundraising.

Office of Consumer and Business Services provides a guide to fundraising

Licensing NT is responsible for regulating any raffles or gaming activities.

Queensland

Office of Fair Trading

Not for profit and charitable gaming

South Australia

Consumer and Business Services (CBS) regulates fundraising in South Australia.

Office of Consumer and Business Services

Tasmania

Fundraising in Tasmania is regulated by Consumer, Building and Occupational Services.

Raffle rules

Victoria

Fundraising activity in Victoria is regulated by Consumer Affairs Victoria and the Victorian Gambling and Casino Control Commission (VGCCC).

Western Australia

Fundraising in Western Australia is regulated by the?Consumer Protection Division of the Department of Mines, Industry Regulation and Safety.

If You have any queries please contact the Fundraising Team at fundraising @makeawish.org.au or visit the Australian Government Fundraising page State Territory and local government requirements for not-for-profits for a full list of local gaming authorities in the state or territory where the fundraiser will be held.