Terms and Conditions: Games of Chance

Schedule to Terms and Conditions

Terms and Conditions

1. Instructions and information on how to enter form part of these Terms and Conditions. Participation in this Promotion constitutes acceptance of these Terms and Conditions (and Schedule). 
2. Any capitalised terms used in these Terms and Conditions have the meaning given in the Schedule, unless stated otherwise.
3. Directors, management, employees and contractors of the Promoter and those of any agencies, retailers and suppliers associated with this Promotion and the immediate family members of these people are ineligible to enter. “Immediate family member” means spouse, parent, natural or adopted child, and sibling (whether natural or adopted by a parent), whether or not they live in the same household as the director, manger, employee, officer or contractor.
4. The Promotion will be conducted during the Promotion Period.
5. Eligibility to enter the Promotion is subject to the Entry Restrictions.
6. To enter the Promotion, entrants must complete the Entry Procedure and comply with all other applicable requirements during the Promotion Period. Entries must be submitted in accordance with the Entry Procedure and will not be accepted in any other form.  No responsibility is accepted by the Promoter for late, lost, misdirected, ineligible or illegible/inaudible entries (including lost, stolen, forged, defaced or damaged proof of entry).  The Promoter and/or its representatives may conduct security and/or verification checks in their absolute discretion to determine the bona fides of an entrant’s eligibility to enter the Promotion.  Ineligible entries will be deemed to be invalid.   
7. Where an entry is deemed invalid (at the Promoter’s absolute discretion) prior to the Prize Claim Date, the Promoter may determine a new winner in accordance with the Unclaimed Prize Arrangements.
8. The Promoter’s decisions in connection with the Promotion are final and no correspondence will be entered into.
9. All entries and the content contained in those entries become the property of the Promoter. Once submitted, no changes to or withdrawal of an entry will be permitted. Entries will not be returned by the Promoter.
10. Entries must be received by the Promoter and will be deemed to have been received at the time of receipt by the Promoter. Online, SMS and other electronic entries are deemed to have been received at the time of receipt into the Promotion database and not at the time of transmission by the entrant.
11. Any costs associated with entering this Promotion are the responsibility of the entrant.
12. Nothing in these Terms and Conditions limits, excludes, modifies or purports to lmit, exclude or modify the statutory consumer guarantees or implied warranties as provided under any applicable consumer protection laws.
13. If a Prize is awarded by draw, the prizes draw(s) will be conducted in accordance with the Draw Details. The first valid entry randomly drawn will win a Prize.  If a winning entry is invalid, that entry will be disregarded and the prize will be awarded by drawing the next valid entry in accordance with these Terms and Conditions. 
14. Winners will be notified in accordance with the Notification of Winners and Publication Details. Winners’ names and State/Territory of residence will be published as specified in the Schedule.  The Promoter and the companies and agencies associated with this Promotion may also publish the name and State/Territory of the winners on their website(s).
15. The Prize(s) is/are specified in the Prize Details. The Prize(s) is/are subject to any restrictions specified in the Schedule.  The Total Prize Pool is specified in the Schedule.
16. If the Prize winner, or recipient or participant in a challenge or activity in connection with this Promotion is youner than 18 years of age, a parent or legal guardian of that person must be present for the duration of that event, as one of the participants.
17. The entrant acknowledges that there may be inherent risks involved in entering this Promotion or taking or participating in the Prize(s). Any entrant, prize winner and/or participants in a Promotion event may be required to sign an acknowledgement of risk and waiver of liability for participation in the Promotion or a prize event and to expressly acknowledge that entry into this Promotion or participation in a Promotion event or Prize may be inherently dangerous, and that if they choose to participate they will do so at their own risk.  In particular, a reasonable level of health and fitness may be required.  The Promoter reserves the right to preclude participation of anyone refusing to sign the acknowledgement/waiver or any person who is suffering from asthma, epilepsy, significant back or neck problems, physical or mental disabilities, or is pregnant or in the Promoter’s sole discretion is not able to participate in any of the experiences for their own or anyone’s safety. 
18. The Promoter will not be liable for any loss (including but not limited to indirect or consequential loss), damage or personal injury which is suffered or sustained (including without limitation to that caused by any person’s negligence) relating to this Promotion or the awarding or taking of the Prize(s) except for any liability which cannot be excluded by law (in which case liability is limited to the minimum amount allowable by law).
19. The Prizes and/or parts of the Prize(s) is/are not transferable, refundable or exchangeable and cannot be taken as cash (nless the Prize is cash). If a Prize, or an element of a Prize, is unavailable for any reason, the Promoter reserves the right to substitute another prize of equal or greater value for that prize, or element of it, subject to the approval of any relevant authority.  The Promoter and its representatives will not be liable for any damage to or delay in transit of prizes. The Prize must be taken as stated and no compensation will be paid if the winner is unable to accept the Prize.
20. The Prize is subject to the terms and conditions of any third party service providers and the Prize Provider and the Promotor will have no liability in relation to any element of the Prize provided by a third party provider.
21. The Promoter accepts no responsibility for any tax implications that may arise from winning of the prizes. Independent financial advice should be sought.
22. The Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, communication network, computer equipment, software, technical problems or traffic congestion on the Internet or at any web site, or any combination thereof, including any error, omission, alteration, tampering, deletion, theft destruction, transmission interruption, communications failure or otherwise, any injury or damage to entries or to participants’ or any other person's computer related to or resulting from participation in or downloading any materials in this Promotion. If the Promotion is not capable of being conducted due to circumstances beyond the Promoter’s control, including due to any technical or communications problems, the Promoter reserves the right to amend, suspend or cancel the Promotion subject to approval from any relevant authority. 
23. The Promoter reserves the right to disqualify all entries from any entrant who tampers with, or benefits from tampering with, the entry process or the Promotion. Entrants can enter the Promotion up to the Maximum Number of Entries.  Entries must be submitted separately and each entry must individually meet the Entry Requirements and be subject to the Entry Restrictions.  Automatically- or computer-generated entries will not be accepted. 
24. The Promoter may, in its sole discretion, declare any or all entries made by an entrant invalid, and/or prohibit further participation by an entrant in this Promotion or a prize event/activity if the entrant:
    • disrupts, annoys, abuses, threatens, harasses or attempts to do any of these things to the Promoter, another entrant or potential entrant of, or anyone else associated with, this Promotion; or
    • engages in conduct in relation to this Promotion which is misleading, deceptive, fraudulent or damaging to the Promoter’s goodwill or reputation.
25. This Promotion, or any aspect of it, may be changed or withdrawn by the Promotor at any time without prior notification. In the event of any dispute, the Promotor will be the sole arbitrator and its decision will be final (subject to any laws that may apply).
26. The Promoter and its agencies and representatives associated with this Promotion will not be liable for any loss (including but not limited to indirect or consequential loss), damage or personal injury which is suffered or sustained (including without limitation to that caused by any person’s negligence) relating to this Promotion or the awarding or taking of the prizes except for any liability which cannot be excluded by law (in which case liability is limited to the minimum amount allowable by law).
27. The Promoter may use any personal information entrants provide in connection with this Promotion for the purpose of the Promotion, and also in advertisements, publications, media statements and other promotional material associated with the Promotion. The Promoter may disclose the information for those purposes to its related bodies corporate and contractors.   If entrants do not provide the information requested, they will not be able to enter the Promotion.    The Promoter is bound by the Australian Privacy Principles contained in the Privacy Act 1988 (Cth).  If entrants have any concerns or queries about the way their personal information is managed by the Promoter, they should contact the Promoter by emailing hello@kokoblack.com.  A copy of the Promoter’s privacy policy can be viewed at kokoblack.com/pages/privacy-policy.  The privacy policy contains information about how entrants can gain access to or seek correction of personal information that the Promoter holds about them.  It also contains information about how entrants can make a privacy complaint and how the Promoter will deal with it. 
28. By entering the Promotion, the Entrant consents to receipt of information (including via post, phone, email and SMS) regarding the Promotion and other emails or communications which inform the Entrant of the Promoter’s other publications, products, services and events and to promote third party goods and services the Entrant may be interested in. The Promoter may continue to provide the Entrant with this information for an indefinite period unless and until advised otherwise by the Entrant.
29. These Terms and Conditions are governed by, and are to be construed in accordance with, the laws enforceable in Victoria, Australia. Each party submits to the exclusive jurisdiction of the courts exercising jurisdiction in Victoria, Australia and any court hearing appeals from those courts.
30. Any provision in these Terms and Conditions which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise must be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these Terms and Conditions or affecting the validity or enforceability of that provision in any other jurisdiction.