Lowe Farms Community Giving Terms & Conditions

Introduction

1. Lowe Farms Community Giving is a club and event donation program, which provides support in the Local Area to groups.

Definitions

2. In these Terms and Conditions:

(a) “Applicant” means a Local Equestrian or Community Group, or Club or an individual representative acting on behalf of a Local Equestrian or Community Group or Club.

(b) “Lowe Farms” and “Lowe Farms Community Giving” means Lowe Farms (SA) Pty Ltd ABN 88 639 717 187 and its related bodies corporate;

(c) “Farmgate Fodder Shop” means Lowe Farms store located at Pinkerton Plains.

(d) “Straw Poll” means the voting instrument to determine allocation of donation located at the Farmgate Fodder Shop

(e) “Local Area” means the state of South Australia;

(f) “Local Equestrian Group”, “Community Group” or “Club” means:

• (i) a group of people sharing a common goal;
• (ii) a charity; or
• (iii) a not-for-profit organisation;

(g) “Local Project” means a charitable or benevolent project serving a Local Area, even if the project also serves a wider area;

(h) “Group” means a Local Equestrian Group, Community Group or Club;

Eligibility

3. Registration is only open to Groups that legitimately conduct one or more Projects within, or that serve, a Local Area.
4. For the avoidance of any doubt, local teams or individual participants for large scale charity fundraising are NOT eligible to register.
5. Companies, businesses and groups that are intended to generate a profit are NOT eligible to register.
6. Lowe Farms Community Giving does not support individuals and their personal projects.

Registration

7. To register to participate in Lowe Farms Community Giving, eligible Groups must either visit www.lowefarms.ag and follow the prompts to fully complete the online application form, or complete and return printed form via email with required information attached.
8. Application forms must include all required details, including:

(a) the name and contact details of the individual completing the application on behalf of the Local Group;

(b) the name of the Group;

(c) the size of the Group (i.e., number of members/horses, number of members expecting to benefit from this donation);

(d) the Group’s address, website address and/or Facebook/Instagram profile address;

(e) whether the application relates to the Group as a whole or to a specific Project conducted by the Group;

(f) a blurb of approximately thirty (30) words describing the Group or the specific Project (as applicable) (“Blurb”);

(g) the date their application expires, i.e., the date after which they would no longer wish to participate in Lowe Farms Community Giving (if applicable);

(h) details of who vouchers from Lowe Farms should be issued to (Group must consent to having details stored on electronic sales platform in order to transact voucher funds);

(i) the nearest participating store where the Applicant wishes to redeem their voucher.

9. Incomplete, indecipherable or illegible applications will be deemed invalid.

Limitations

10. Subject to clause 11 and 12, each Group:

(a) may not submit more than one application at a time and therefore must wait for an existing application to be rejected or expire before applying again;

(b) may only participate in Lowe Farms Community Giving Straw Poll once in any twelve (12) month period;

11. In the case of Groups that conduct multiple Projects, Lowe Farms Community Giving may allow the same Group to participate multiple times within the same twelve (12) month period (i.e., once for the Group and once for each separate Project). This will be determined by Lowe Farms in its absolute discretion on a case-by-case basis.
12. For the avoidance of doubt, for the purposes of clauses 11–12, a “twelve (12) month period” refers to the time since the Group or Project (as the case may be) last participated in Lowe Farms Community Giving Straw Poll. This does not refer to a calendar year from January to December each year.

Review

13. 13. Lowe Farms will review each application for eligibility and compliance with these Terms and Conditions. Lowe Farms will the choose from the eligible Applicants to be selected to participate in the Lowe Farms Community Giving Straw Poll, in Lowe Farms’ sole and absolute discretion.
    14. Applications will initially be reviewed by and approved internally by the directors or staff at Lowe Farms.
    15. Lowe Farms may contact Applicants for additional information or clarification when reviewing applications. If Lowe Farms is unable to contact an Applicant, the application may be rejected.
    16. Lowe Farms, may, in its sole and absolute discretion, determine that the Group or Project (as the case may be) does not serve the stated area, in which case the application will be rejected.
    17. Approval and participation in Lowe Farms Community Giving is based on eligibility and compliance in accordance with these Terms and Conditions as determined by Lowe Farms in its sole and absolute discretion.
    18. Lowe Farms will notify Applicants via email to the individual nominated on the application form whether their application has been successful or not.
    19. If an Applicant believes that their application has been unfairly assessed, they may submit an enquiry to admin@LoweFarmsag.com.au and ask for their application to be re-assessed. Once this has occurred, the decision by Lowe Farms directors and employees is final and no further correspondence will be entered into.
    20. Approval of an application does not guarantee participation in Lowe Farms Community Giving Straw Poll in any particular month, which will be determined by Lowe Farms in its absolute discretion. Due to the volume of applications received, Lowe Farms will select Groups and Projects that it considers best suited to the Lowe Farms Community Giving Straw Poll program from amongst the approved applications to participate in Lowe Farms Community Giving.
    21. Approved applications will be placed in a pool for selection for a forthcoming month and may not necessary be selected in the same order in which applications are received or approved. If the application included an expiry date and the application is not selected before the expiry date, it will be removed from the selection pool and the Applicant may choose to apply again in the future if they wish.

Participation

22. Each calendar quarter, Lowe Farms will select three (3) approved Groups to participate in Lowe Farms Community Giving Straw Poll. Each Group will be notified by email.
23. The Lowe Farms “Farmgate Fodder Shop” will have three (3) Perspex boxes on display, each representing one of the selected Groups (or their nominated Project). Each box will have a label identifying the Group or Project (as the case may be) and a “Blurb” based on the information provided in the successful application. Lowe Farms reserves the right to edit the details and Blurb for the label.

24. When a customer makes a purchase from the Farmgate Fodder Shop, they are given a bottletop (token) and invited to place the bottletop in one of the boxes on display to support the Group or Project of their choice.
25. At the end of each calendar quarter, we will count up the bottletops in each container. Based on this, a total of $1000 in Lowe Farms vouchers donated each month will be distributed as follows:

• (a) The Group represented by the box that has the most tokens will be awarded 1st place and receive a $500 voucher, and the remaining two Groups that place 2nd and 3rd will each be given a $250 voucher;
• (b) In the event of a tie between two Groups for 1st place, each of those tied Groups will receive a $375 voucher and the third Local Equestrian Group will receive a $100 voucher;
• (c) In the event of a tie between all three Groups for 1st place, the $1000 voucher total will be split evenly with each Group receiving $333.33.

26. Each participating Group will be notified of the outcome by email after the tokens have been counted at the end of the month. Results on the placings will also be displayed in the Farmgate Fodder Shop in the following month.

Donations

27. Donations will be made in the form of a store credit voucher loaded onto a store account for the Group based on the details set out in the application form.
28. Store credits will be loaded into the system up to three (3) weeks after the end of the calendar month they participated in. It is the responsibility of each Group to use the store credit voucher within 60 days from the end of the calendar month they participated in.
29. Unclaimed store credit will expire two (2) months from the date of issue.
30. Lowe Farms will not issue vouchers/store credit to individuals. If a Group requests that the donation be paid by another method, Lowe Farms (SA) Pty Ltd will consider the request in its absolute discretion on a case-by-case basis.

Communications

31. Applicants agree that the individual nominated on the application form will be sent email communications on behalf of the Applicant regarding the progress of their application, participation in the Lowe Farms Community Giving and collection of the store credit products. That individual also agrees to be the primary point of contact for the Applicant and may be contacted by Lowe Farms via the email address or phone number provided.

Privacy

32. All applications become the property of Lowe Farms. Lowe Farms collects personal information in order to conduct Lowe Farms Community Giving and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, suppliers and regulatory authorities. Participation is conditional on providing this information.
33. All information collected regarding Applicant will be stored on Lowe Farms cloud-based servers.
34. Unless you opt out on the application form, Lowe Farms may use the information provided for an indefinite period for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the Applicant.
35. Personal information will be handled in accordance with the Lowe Farms privacy policy available at https://lowefarms.ag/privacy-policy/

General

36. Information on how to participate in Lowe Farms Community Giving and the rewards available form part of these Terms and Conditions. Participation in or registration for Lowe Farms Community Giving is deemed acceptance of these Terms and Conditions.
37. Lowe Farms  reserves the right, at any time, to verify the validity of applications and Applicants (including an Applicant’s identity and eligibility) and to disqualify any Applicant who submits an application that is not in accordance with these Terms and Conditions or who interferes with the application or review processes. Errors and omissions may be accepted at Lowe Farms’ discretion. Failure by Lowe Farms to enforce any of its rights at any stage does not constitute a waiver of those rights.
38. If there is a dispute as to the identity of an Applicant, Lowe Farms reserves the right, in its sole discretion, to determine the identity of the Applicant.
39. Applicant license and grant Lowe Farms, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display the name of the Group, the name of the Projects (if applicable) and the “Blurb” (collectively, “Content”) for any purpose in any media, without compensation, restriction on use, attribution or liability. The Applicant licenses Lowe Farms to use the Content in any media for an unlimited period for any reason including but not limited to in conjunction with Lowe Farms Community Giving and for future promotional, marketing or publicity purposes. The Applicant consents to any use of the Content which might otherwise infringe their moral rights pursuant to the Copyright Act 1968 (Cth).  Lowe Farms may edit, remove or refuse to publish any Content without notice for any reason whatsoever. Applicants agree not to assert any moral rights in relation to such use and warrant that they have the full authority to grant these rights. Applicants warrant and agree that:

• (a) the Content is an original literary work of the Applicant that does not infringe the rights of any third party;
• (b) they will not submit any Content that is unlawful, fraudulent, inappropriate, objectionable or unacceptable;
• (c) they will obtain full prior consent from any person who has jointly created or has any rights in the Content, to the uses and terms herein;
• (d) they are fully responsible for the Content they submit in their application;
• (e) if the application is submitted online, the Content will not contain viruses or cause injury or harm to any person or entity;
• (f) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems.

40. The Applicant will keep Lowe Farms indemnified from and against all costs and damages suffered or incurred by Lowe Farms resulting from any demand, claim or matter which is or results from any breach or infringement of the intellectual property of a third party.
41. The Applicant consents to Lowe Farms using their name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting Lowe Farms Community Giving (including any outcome) and promoting Lowe Farms products.
42. The Applicant, Community Group or Club agrees to promote their participation in the Lowe Farms Community Giving Straw Poll amongst their membership and on any related social media platforms to encourage voting for their Group or Project.
43. The use of any means to disrupt or interfere with the integrity of the voting system is strictly prohibited and may result in any Group that Lowe Farms reasonably believes is involved to be disqualified from further participation or receiving any donation.
44. Any cost associated with accessing the website is the Applicant’s responsibility and is dependent on the Internet service provider used.
45. Liability for any tax arising out of participation in Lowe Farms Community Giving is the sole responsibility of the Applicant. Applicants should seek independent financial advice in this regard.
46. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under the Australian Securities and Investments Commission Act 2001 (Cth) or similar consumer protection laws in the states and territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, Lowe Farms (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.
47. To the maximum extent permitted by law, the Club indemnifies and keeps indemnified Lowe Farms against any and all claims suffered or incurred by Lowe Farms arising out of:
    (a) any negligent act or omission of the Club;
    (b) any breach by the Club of these Terms or any applicable law, except to the extent that the claim results from the negligence, fault or wilful misconduct of Lowe Farms.
    Notwithstanding anything in the Terms, under no circumstances whatsoever will either party be liable for any indirect or consequential loss or damage (including loss of profit or loss of opportunity) whatsoever.
    These limitations and indemnities continue after the expiration or termination of these Terms.
48. Lowe Farms (including its respective officers, employees and agents) is not responsible for and excludes all liability to the Club under this agreement including, but not limited to negligence, personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential.
49. Lowe Farms reserves the right, in its absolute discretion, to modify, suspend, terminate or cancel the Lowe Farms Community Giving program.
50. Lowe Farms’ decisions in relation to all aspects of Lowe Farms Community Giving are final and no correspondence will be entered into.