Participation Agreement
Parties
This Participation Agreement (Agreement) is entered into between:
Provider
Matthew Thomas McQualter (ABN 67 829 534 329), a sole trader trading as Village Giveaways, of 11-17 Swanson Court, Belconnen ACT 2617 (“Village Giveaways”)Participant
The business named in the campaign sign-up form and confirmed by payment (the “Participant”)
This Agreement takes effect on the date the Participant provides payment. By completing payment the Participant accepts all terms of this Agreement without modification.
1. Definitions
"Booklet"
The designed and printed A5 saddle-stitched offer booklet produced by Village Giveaways for the relevant Campaign.
"Campaign"
An offer booklet run for a specific suburb, comprising the design, print, and dispatch of Booklets to all Participants in that Campaign.
"Campaign Period"
The six-month window beginning on the date Booklets are dispatched to Participants, during which the Offer must be honoured.
"Cohort"
The group of eight (8) Participants whose offers appear together in a single printed Booklet, with no more than one business per category.
"Minimum Participation"
The minimum number of confirmed, paid Participants required for a Campaign to proceed — being eight (8) businesses, as specified on the Campaign landing page at the time of sign-up.
"Offer"
The specific offer submitted by the Participant on the onboarding form and approved by Village Giveaways for inclusion in the Booklet.
"Offer Library"
The pre-approved list of offer templates maintained by Village Giveaways and made available to Participants during onboarding. The Offer Library is displayed to Participants as part of the onboarding form.
"Onboarding Form"
The digital form sent to the Participant after payment confirmation, used to collect the Offer (selected from the Offer Library), logo, business description, and delivery address.
"Suburb"
The specific geographic suburb for which the Campaign is being run.
"Tax Invoice"
A GST-compliant invoice issued by Village Giveaways at the time of payment, showing the Campaign fee, GST component, and Village Giveaways ABN.
2. Village Giveaways’ Obligations
Village Giveaways agrees to deliver the following for each Campaign in which the Participant is confirmed:
2.1 Design one half-page in the Booklet featuring the Participant’s logo, business description, Offer, and offer conditions, in accordance with the Village Giveaways brand template.
2.2 Print 400 copies of the Booklet per Participant to commercial print standards: A5 saddle-stitched, 250gsm cover, 150gsm interior pages, full colour.
2.3 Dispatch the Participant’s 400 Booklets to the delivery address provided on the Onboarding Form via registered express post. Provide a tracking number to the Participant on the day of dispatch.
2.4 Enforce category caps within each Cohort, limiting the Cohort to one business per category, as specified in clause 5.
2.5 Manage the production schedule and Campaign timeline, completing all steps from sign-up close to dispatch within approximately four weeks.
2.6 Issue a GST-compliant Tax Invoice to the Participant at the time of payment, clearly showing the Campaign fee ($900 ex GST), GST amount ($90), total amount ($990 inc GST), and Village Giveaways ABN.
2.7 Conduct performance check-ins with the Participant at approximately 4 and 8 weeks after dispatch.
2.8Village Giveaways is not responsible for the distribution of Booklets to end customers — that is the Participant’s responsibility once Booklets are received.
3. Participant Obligations
By completing payment, the Participant agrees to:
3.1 Complete the Onboarding Form within three business days of receiving the form link after payment. Failure to complete the form within this period may result in the Participant’s spot being forfeited without refund.
3.2 Select an Offer from the Offer Library presented within the Onboarding Form, or submit a custom Offer for review. The Offer must be genuine, specific, and deliverable within the Campaign Period. The Offer must not be conditional in a way that makes it practically unusable by a normal customer.
3.3 Honour the Offer to any customer who presents the Booklet during the Campaign Period — being six (6) months from the date of dispatch — subject only to conditions stated on the Booklet page and pre-approved by Village Giveaways.
3.4 Begin distributing Booklets to customers promptly on receipt. The effectiveness of the Campaign depends on distribution — Booklets that remain in storage do not benefit anyone in the Cohort.
3.5 Not alter, deface, or reproduce the Booklet or any other Participant’s page without prior written consent from Village Giveaways.
3.6 Notify Village Giveaways promptly if the business closes, changes ownership, or becomes unable to honour the Offer during the Campaign Period. The Participant acknowledges that Village Giveaways bears no liability if the Participant’s business closes or is otherwise unable to honour the Offer after Booklets have been printed and dispatched, as production costs are committed at that point. The Participant’s obligation to honour the Offer remains binding for the Campaign Period regardless of changes to the business.
4. Payment
4.1 The Campaign fee is $900 excluding GST ($990 including GST) per Participant per Campaign. This amount is stated on the Campaign landing page and the Tax Invoice issued at the time of payment.
4.2 Payment is due in full at the time of sign-up. The Participant’s spot is not confirmed until payment is received. A tax invoice is issued by Village Giveaways after reviewing the Participant’s category eligibility — this link expires 48 hours after issue.
4.3 Payment is processed securely by Stripe. Village Giveaways does not store card details. A GST-compliant Tax Invoice is issued automatically on payment, showing the ABN of Village Giveaways and the GST component of $90.
4.4 There is no lock-in beyond the Campaign window. Payment is per Campaign. There is no automatic renewal, no subscription, and no ongoing fee.
4.5 Refund — Campaign cancelled by Village Giveaways: If Village Giveaways cancels a Campaign for any reason (including failure to reach Minimum Participation), the Participant will receive a full refund to their original payment method within five business days.
4.6 Refund — Participant withdrawal before production: If the Participant cancels after payment but before the design phase begins (typically within the first seven days of the Campaign cycle), Village Giveaways will refund 50% of the Campaign fee as a goodwill gesture, recognising that administrative and list-build costs have already been incurred. No refund obligation exists beyond this.
4.7 No refund once production begins: Once the design phase begins — indicated by the Onboarding Form being issued — the Campaign fee is non-refundable, as production costs are committed at this point. Village Giveaways retains discretion to make goodwill adjustments in exceptional circumstances.
5. Category Caps & Exclusivity
5.1 Village Giveaways limits each Cohort to one (1) business per category. Each of the eight (8) spots in a Cohort is reserved for a distinct business category, ensuring the Booklet presents a diverse and non-competing range of offers for local customers.
5.2 Category caps are applied before outreach begins. A business that receives an invitation has already been assessed as eligible for its category in that Cohort. Caps are confirmed again at the point of payment approval.
5.3 If a category cap is reached before the Participant completes payment, Village Giveaways will notify the Participant and offer placement on the waitlist for the next Campaign cycle. A full refund will be issued if payment was made before the cap was identified.
5.4 Category exclusivity applies within a single Cohort only. A suburb may run multiple Cohorts per Campaign. The Participant’s exclusivity covers the Cohort in which their Booklet appears, not the suburb as a whole.
6. Offer Standards
6.1 The Participant’s Offer must meet the following standards. Village Giveaways reserves the right to reject an Offer that does not meet these standards and will work with the Participant to find a suitable alternative.
An acceptable Offer must be:
Specific — a clearly stated 'Buy X, Get Y Free' offer (Eg. 'Buy any breakfast and get 2 free coffees')
Genuine — something the business can and will deliver without onerous conditions for the customer
Consistent with the Participant’s normal service — not a promotional trick or bait-and-switch
Deliverable within the three-month Campaign Period without material change to the business’s operations
An Offer will be rejected if it:
- Requires a minimum spend that makes it impractical for a typical customer
- Is conditional on the customer having no prior relationship with the business, where this is not clearly stated
- Constitutes a misleading representation under Australian Consumer Law
- Is vague to the point of being unusable (e.g. ‘Special discount at our discretion’)
6.2 Village Giveaways provides a pre-approved Offer Library covering common business types, displayed within the Onboarding Form. Participants selecting from this library do not require additional approval. Custom Offers submitted separately are reviewed within one business day of receipt.
6.3 Once the Onboarding Form is submitted and the selected Offer is confirmed, the Offer is final. The Participant is bound to honour the printed Offer for the Campaign Period.
6.4 The Participant acknowledges that Village Giveaways does not guarantee any particular volume of booklet redemptions. The Offer is published and distributed in good faith — commercial results depend on factors outside Village Giveaways’ control.
7. Minimum Participation
7.1 Each Campaign requires a minimum of eight (8) confirmed, paid Participants before it will proceed. The Minimum Participation threshold is stated on the Campaign landing page at the time of sign-up.
7.2 If a Campaign does not reach Minimum Participation within the invitation window, the Campaign will not run. Village Giveaways will notify all Participants within two business days of the window closing and issue full refunds within five business days.
7.3 Village Giveaways may, at its discretion, extend the invitation window by up to one additional week in order to reach Minimum Participation. Participants already confirmed will be notified of any extension.
7.4 A Participant who has paid but whose Campaign does not proceed for any reason will receive a full refund. Village Giveaways will not proceed with a Campaign that does not meet the Minimum Participation threshold.
8. Booklet Delivery
8.1 Village Giveaways will dispatch 400 Booklets to the delivery address provided in the Onboarding Form via registered express post. The Participant will receive a tracking number on the day of dispatch.
8.2 The Participant is responsible for ensuring the delivery address is accurate and accessible. Village Giveaways is not responsible for non-delivery resulting from an incorrect or inaccessible address provided by the Participant.
8.3 In the event of confirmed loss or damage in transit, Village Giveaways will lodge a claim with Australia Post and, if the claim is successful, reprint and redeliver the affected Booklets at no additional cost to the Participant.
8.4 Village Giveaways will dispatch no later than four weeks after the Campaign sign-up window closes, subject to the Participant completing the Onboarding Form within the timeframe in clause 3.1.
8.5 Delays caused by the Participant’s failure to complete the Onboarding Form within the specified timeframe may result in delayed dispatch. Village Giveaways will use reasonable efforts to accommodate delays but cannot guarantee the original dispatch date in these circumstances.
9. Offer Redemption Period
9.1 The Campaign Period — during which Participants are required to honour their Offer — is six (6) months from the date of dispatch of the Booklets.
9.2 Village Giveaways will communicate the Campaign Period start date (dispatch date) and end date to each Participant in the dispatch notification email.
9.3 The Participant is responsible for training relevant staff on the Offer terms and ensuring the Offer can be honoured throughout the full six-month Campaign Period.
9.4 After the Campaign Period ends, the Participant is not obligated to honour Booklet offers presented by customers. Village Giveaways recommends that Participants display a clear notice at the point of sale once the Campaign Period has expired.
10. Business Closure & Inability to Honour
10.1 The Participant acknowledges that if the Participant’s business closes, ceases trading, changes ownership, or becomes otherwise unable to honour the Offer during the Campaign Period, Village Giveaways bears no liability to the Participant, to end customers, or to other Cohort members as a result.
10.2 In such circumstances, no refund of the Campaign fee is payable to the Participant, as production costs (design, print, and dispatch) will have been incurred by Village Giveaways in full reliance on the Participant’s commitment.
10.3 The Participant must notify Village Giveaways promptly at [email protected] if the business closes or becomes unable to honour the Offer. While this notification does not alter the Participant’s financial obligations, it allows Village Giveaways to manage communications with affected customers where possible.
10.4 Village Giveaways is not responsible for any loss, reputational damage, or customer dissatisfaction arising from a Participant’s failure to honour their Offer, whether due to business closure, operational changes, or any other reason.
11. Data & Privacy
11.1 Village Giveaways collects the following information from the Participant: business name, trading name, logo, Offer text and conditions, one-line business description, contact name, email address, phone number, and booklet delivery address.
11.2 This information is used solely for the purpose of producing and dispatching the Booklet, and communicating with the Participant about the Campaign.
11.3 The Participant’s business name will be shared with other confirmed Participants in the same Cohort during the intake period, for the purpose of social proof and cohort transparency. The Participant consents to this disclosure by completing the request form prior to payment.
11.4 Village Giveaways does not sell, share, or otherwise distribute Participant information to third parties, except to the extent necessary to produce and dispatch the Booklet (e.g. the print supplier and Australia Post).
11.5 Payment information is handled entirely by Stripe. Village Giveaways does not store card numbers, expiry dates, or CVV codes. Stripe’s privacy policy applies to all payment data.
11.6 Delivery address information is retained only until successful delivery of the Booklet is confirmed, after which it is deleted from Village Giveaways’ records.
11.7 Village Giveaways handles all personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
12. Intellectual Property
12.1 The Participant warrants that it has the right to use any logo, images, or text submitted via the Onboarding Form, and that their use in the Booklet will not infringe any third party’s intellectual property rights.
12.2 By submitting a logo and offer text, the Participant grants Village Giveaways a non-exclusive, royalty-free licence to reproduce those materials in the Booklet and in any promotional materials relating to the Campaign (e.g. social media posts announcing the campaign in the relevant suburb).
12.3 The Village Giveaways brand, including the wordmark, design templates, Booklet layouts, and campaign materials, remains the intellectual property of Village Giveaways. The Participant may not reproduce, adapt, or repurpose Village Giveaways branding without prior written consent.
12.4 The Participant retains all rights to its own logo, brand assets, and offer text.
13. Dispute Resolution
13.1 If a dispute arises in connection with this Agreement, the party raising the dispute must first contact Village Giveaways in writing at [email protected], clearly describing the nature of the dispute.
13.2 Village Giveaways will respond in writing within five (5) business days of receiving the notice, with a proposed resolution or a request for further information.
13.3 If the dispute is not resolved within ten (10) business days of the initial written notice (or such longer period as agreed in writing), either party may refer the dispute to mediation administered by the ACT Dispute Resolution Centre or another agreed mediator. The costs of mediation are to be shared equally unless otherwise agreed.
13.4 If mediation does not resolve the dispute within 30 days of referral, either party may then pursue their rights through the courts.
13.5 Nothing in this clause prevents a party from seeking urgent interlocutory or injunctive relief from a court where necessary to protect their rights.
14. Limitation of Liability
14.1 Village Giveaways’ liability to the Participant under or in connection with this Agreement is limited to the amount paid by the Participant for the relevant Campaign.
14.2 Village Giveaways is not liable for any indirect, consequential, or economic loss arising from participation in a Campaign, including but not limited to lost revenue, lost customers, or business interruption.
14.3 Village Giveaways does not guarantee any particular commercial outcome from participation. Booklet distribution, customer redemption rates, and revenue impact are dependent on factors outside Village Giveaways’ control, including the Participant’s own distribution effort.
14.4 The Participant is solely responsible for the accuracy of all information submitted on the Onboarding Form and for the Offer as confirmed. Village Giveaways is not liable for errors in the printed Booklet that arise from inaccurate information submitted by the Participant.
14.5 Village Giveaways is not liable for any loss suffered by customers or other Cohort members arising from a Participant’s failure to honour their Offer, including where that failure results from business closure, change of ownership, or operational incapacity.
14.6 Nothing in this clause limits liability for fraud, wilful misconduct, or any liability that cannot be excluded at law under the Australian Consumer Law or otherwise.
15. Force Majeure
15.1 Village Giveaways is not liable for any failure or delay in performing its obligations under this Agreement to the extent that such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to: natural disasters, fire, flood, pandemic, strikes or industrial action, supply chain disruptions, postage or courier service failure, government-imposed restrictions, or the insolvency of a third-party supplier (including print suppliers).
15.2 In the event of a force majeure circumstance, Village Giveaways will notify Participants as soon as practicable and will use reasonable efforts to resume performance or find an alternative solution.
15.3 If a force majeure circumstance prevents a Campaign from proceeding within six (6) weeks of the scheduled dispatch date, Participants will be offered the choice of a full refund or carryover of their payment to the next available Campaign cycle in the same suburb.
16. General
16.1 This Agreement is governed by the laws of the Australian Capital Territory, Australia. Any disputes arising from this Agreement are subject to the dispute resolution process in clause 13, and thereafter to the non-exclusive jurisdiction of the courts of the ACT.
16.2 Village Giveaways may update these terms from time to time. The version of the Agreement in force at the time of payment applies to that Campaign.
16.3 If any provision of this Agreement is found to be unenforceable, the remaining provisions continue in full force and effect.
16.4 This Agreement constitutes the entire agreement between the parties with respect to the Campaign and supersedes any prior representations, discussions, or understandings.
16.5 Notices under this Agreement may be given by email. Village Giveaways’ contact address is [email protected]. The Participant’s contact address is the email provided on the Onboarding Form.
17. Acceptance
This Agreement is accepted by the Participant with a digital signature provided within the Sign Up form. The Participant’s payment via the Stripe Payment Link provided after Sign Up further constitutes their acknowledgement that they have read, understood, and agreed to all terms of this Agreement.