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TERMS AND CONDITIONS

Schedule to Terms & Conditions of entry

1. Information on how to enter and prize details form part of these terms & conditions (Terms of entry). The Terms must be read in conjunction with the Schedule. The Schedule defines the terminology used in these Terms of entry. Where there is any inconsistency between these Terms and the Schedule, the Schedule prevails. Participation in this Promotion is deemed acceptance of these Terms of entry.
2. Entry is open only to Eligible Entrants. Directors, officers, management, employees, suppliers (including prize suppliers) and contractors (and the immediate families of directors, officers, management, employees, suppliers and contractors) of the Promoter and of its related bodies corporate, and of the agencies and companies associated with this Promotion, including the terms and conditions providers TPAL (Trade Promotions and Lotteries Pty Ltd) are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, stepbrother, step-sister or first cousin.
3. Subject to these terms and conditions, the Promotion will be conducted during the Promotion Period set out in the Schedule. Despite the Promotion Period, each entry method has a different timeframe within which entrants can enter the Promotion. The timeframe within the Promotion Period for entering via each Entry Method is as set out in the Schedule, and is subject to variation in accordance with these terms and conditions.
4. The time zone applicable to any time stated, relates to the state or territory where the Promoter is located, unless expressly stated to the contrary.
5. The Prize/s are specified in the Details of prizes section of the Schedule.
6. The total prize pool is specified in the Total prize value section of the Schedule.
7. Neither the Promoter, nor any of its contractors, agents, or representatives are liable for any winner’s failure to provide the Promoter with the correct details for awarding of the prize.
8. Entrants are advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of their prize(s). The Promoter accepts no responsibility for any tax implications that may arise from accepting a prize. Entrants are responsible for any and all expenses that they incur in entering the competition and they will not be reimbursed regardless of whether or not they win the competition.
9. The entrants must follow the relevant method of entry during the relevant period of the Promotion Period to enter the Promotion. Failure to do so will result in an invalid entry. The Promoter will not advise an Entrant if their entry is deemed invalid.
10. The time of entry will be deemed to be the time the entry is received by the Promoter, which is to be determined by the judge in the case of Entry Method 1.
11. Entrants may submit up to the maximum number of entries noted in the Schedule (if applicable) as noted.
12. The Promoter accepts no responsibility for any late, lost, delayed, incomplete, incorrectly submitted, corrupted, illegible or misdirected entries, claims or correspondence whether due to omission, error, alteration, accident, tampering, deletion, theft, destruction, disruption to any communication network or medium, or otherwise including those entries not received by the Promoter for any reason. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred. No correspondence will be entered into.
13. The prize(s) will be awarded as judged in accordance with the “determination of winners” section in the Schedule. No entrant may win more than one (1) prize in this Promotion. The judge reserves the right to disqualify any entrant submitting an entry which, in the opinion of the judge, does not meet the criteria relating to the method of entry or where the entrant has previously won a prize in this same Promotion. The judges’ decision is final and no correspondence will be entered into.
14. The winner must be present at the selection of the winner in relation to Entry Method 1, but does not need to be present at the selection of the winner in relation to Entry Method 2 and Entry Method 3.
15. The winner(s) will be notified in accordance with the “notification of winners and notification of unclaimed prize winners (if applicable)” sections of the Schedule. The notification will include details about how the prize can be claimed.
16. The Promoter takes no responsibility where it is unable to contact prize winners who have not provided correct or complete contact details. If an entrant’s contact details change before 18 January 2024 then it is the entrant's responsibility to notify the Promoter. A request to modify any entry information should be directed to the Promoter.
17. The Promoter reserves the right to require any winner to provide evidence or information confirming their eligibility to win a prize (including, but not limited to, valid photo identification) before awarding the prize to the winner.
18. It is a condition of accepting any prize that the winner must comply with all the conditions of use of the prize and the prize supplier’s requirements. Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated.
19. The winner(s) name and state/territory of residence will be published in accordance with the Public announcement of winners section of the Schedule (if applicable).
20. The promoter may conduct an Unclaimed prize selection in accordance with the Unclaimed prize selection section of the Schedule (if applicable). In the event the Unclaimed prize selection takes place, the Promoter will attempt to contact the winner(s) of the Unclaimed prize selection in accordance with the Notification of unclaimed prize selection section of the Schedule, and if applicable, the name and State/Territory of residency of any winner(s) of the Unclaimed prize selection will be published in accordance with the section of the Schedule entitled Public announcement of winners from unclaimed prize selection.
21. To the greatest extent permitted by law, the Promoter excludes all warranties, representations or guarantees (Warranties) regarding the Promotion and any prizes, including any Warranties which may have been made in the course of advertising or promoting the Promotion. The conduct of the Promotion or the supply of prizes may involve third parties, and the Promoter makes no Warranties and disclaims all liability in connection with any such third parties, their acts or omissions. By entering the Promotion, an entrant releases and indemnifies the Promoter and its related bodies corporate (including the officers, employees and agents of each) from and against all actions, penalties, liabilities, claims or demands the entrant may have against the Promoter or that the Promoter may incur for any loss or damage which is or may be suffered or sustained as a direct or indirect result of an entrant entering or participating in the Promotion or winning or failing to win a prize, or using or permitting any other person to use the prize, except for any liability which cannot be excluded by law or which would cause any part of this clause to be void or unenforceable.
22. If despite the foregoing clause, the Promoter incurs a liability to an entrant under any law which implies a Warranty into these Terms of entry which cannot legally be excluded, the Promoter’s liability in respect of the Promotion is limited, in the Promoter’s discretion, to either resupplying such goods or services as form part of the Promotion, or paying the cost of resupplying those goods or services.
23. Without limiting any of the foregoing, in no circumstances will an entrant or the Promoter have any liability to the other for any loss or damage suffered which is indirect or consequential in nature, including without limitation any loss of profit, loss of reputation, loss of goodwill, or loss of business opportunity.
24. The Promoter and its associated agencies and companies will not be liable for any delay, damage, or loss in transit of prizes or any fluctuations in prize values outside of the Promoter’s reasonable control.
25. The Promoter may in its absolute discretion not accept a particular entry, may disqualify an entry, or cancel the entire Promotion at any time without giving reasons and without liability to any entrants. Without limiting this the Promoter reserves the right to verify the validity of entries, prize claims and entrants and to disqualify any entrant who submits an entry or prize claim that is misleading or not in accordance with these Terms of entry or who manipulates or tampers with the entry process. In the event that a winner breaches these Terms of entry, the winner will forfeit the prize in whole and no substitute will be offered. Verification is at the discretion of the Promoter, whose decision is final. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
26. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash. If the winner does not have, and chooses not to set up, a CoinSpot account then the winner will forfeit the prize and no substitute prize will be provided. The Promoter accepts no responsibility for any variation in prize value (including between advertising of the Promotion and receipt of the prize). Entrants acknowledge that Bitcoin is subject to price fluctuations and agrees not to raise any objection in this regard when claiming the prize.
27. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability (or that of a third party involved with the Promotion) to proceed with the Promotion on the dates and in the manner described in these Terms of entry, including but not limited to vandalism, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter’s obligations in respect of the Promotion will be suspended for the duration of the event and, in addition, the Promoter may in its absolute discretion cancel the promotion and recommence it from the start on the same conditions, subject to approval of the relevant authorities.
28. The Promoter expressly reserves the right to vary any of the dates applicable to any of the entry methods in its absolute discretion if the Promoter considers that inclement weather may impact on the Promotion in a negative way, or if a CoinSpot Rocket is not located by an entrant on the date on which the clues are live streamed.
29. All entries become the property of the Promoter. As a condition of entering into this Promotion, entrants agree to assign all their rights in and to their entry and any related content to the Promoter, including any copyright or other intellectual property rights in the entry and related content. Without limiting this, the Promoter may use entry content for any and all purposes including commercial purposes. You warrant that entry content is original, lawful and not misleading and that the Promoter’s use of such content will not infringe the rights of any third parties. The entrant agrees to indemnify the Promoter against all claims and costs by third parties arising from a breach of the warranty set out in this condition. The Promoter has no obligation to credit any entrant as the author of any content submitted and may otherwise do any acts or omissions which would otherwise constitute an infringement of any moral rights any entrant may have as an author of content.
30. Entrants consent to the Promoter using the personal information provided in connection with this promotion for the purposes of facilitating the conduct of the promotion and awarding any prizes, including to third parties involved in the promotion and any relevant authorities. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter including third parties may, for an indefinite period, unless otherwise advised, use the private information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant.
31. The collection and disclosure of personal information provided in connection with this promotion will be handled in accordance with the Promoter's Privacy statement which adheres to the Privacy Act 1988 (cth) and Australian Privacy Principles.
32. The Promotion and these Terms of entry will be governed by the law of the State of Victoria, Australia. Entrants accept the non-exclusive jurisdiction of courts and tribunals of that State in connection with disputes concerning the Promotion.
33. Facebook, YouTube, Instagram, TikTok, Twitter (X) or Snapchat may be used to advertise or promote the Promotion. By entering the Promotion, entrants agree that the Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, YouTube, Instagram, TikTok, Twitter (X) or Snapchat; and to release Facebook, YouTube, Instagram, TikTok, Twitter (X) or Snapchat from all liability in relation to this Promotion. Any questions, comments or complaints regarding the Promotion should be directed to the Promoter and not Facebook, YouTube, Instagram, TikTok, Twitter (X) or Snapchat.
34. Whilst Facebook, YouTube, TikTok, Twitter (X) or Snapchat may be used to promote the Promotion, entry to the Promotion pursuant to Entry Method 2 must be performed by commenting on the livestream on the @coinspot account on Instagram. Any comments guessing locations of a CoinSpot Rocket Location on any other social media platform or account will be invalid and disregarded.
35. Neither the Promoter, nor any of its officers, contractors, employees, representatives or agents accept any liability for any entrant’s acts or omissions during the conduct of the Promotion, and entrants agree to release the Promoter and its officers, contractors, employees, representatives or agents from any such liability.
36. To the maximum extent permissible by law, entrants will be personally liable for any damage to property or personal injury sustained to themselves, other entrants, the public or Promoters as a result of their conduct during the Promotion, and each entrant (“Indemnifying Entrant”) agrees to indemnify the Promoter from any loss, cost, liability, expense or claim incurred by the Promoter (including legal fees on a full indemnity basis) which results from or arises out of any damage to property or personal injury sustained by any entrant which is caused or contributed to by that Indemnifying Entrant.
37. By entering the Promotion, each entrant agrees:
    1. to be photographed and filmed by representatives of Influmedia Pty Ltd (“Hello Social”) when attending to any entry method or in connection with any part of the Promotion; and
    2. for content including but not limited to imagery, text, entrant handles and tags, captured online in relation to the promotion, including any comments made by entrants on any of the Promoter’s social media accounts or on their own account to be saved by Hello Social; and for any such content to be used by the Promoter and / or Hello Social in perpetuity, and in any format, to promote the Promoter or Hello Social.
38. By entering the Promotion, entrants agree to provide the Promoter, or its representatives, with their full name, phone number, email address and social media handle on Instagram if they are declared the winner of the Promotion after performing Entry Method 1, or the runner-up of the Promotion after performing Entry Method 1, and agree that the Promoter accepts no liability for being unable to deliver a prize (or unclaimed prize as the case may be) where that entrant has failed to do so, or failed to provide accurate information.
39. Disqualified entrants, including, but not limited to, entrants who have previously won another prize in this Promotion, must not assist any other entrant in performing an entry method. The Promoter may disqualify any entrant who undertakes or is involved in any such activity.
40. Entrants must not assist any third party to enter the Promotion by providing a third party with any information to be used in an entry to the Promotion. The Promoter may disqualify any entrant who undertakes or is involved in any such activity.
41. The Promoter may disqualify any entrant, and declare any entries received by such disqualified entrant as invalid, if the entrant: a fails to verify their personal details and/or eligibility to enter the prize to the Promoter's satisfaction; b tampers with or benefits from any tampering with the entry process or the operation of the Promotion; c submits an entry which in the Promoter's opinion is not in accordance with these Conditions of Entry; d acts in a disruptive manner or with the intent to annoy, abuse, threaten or harass any other person during the Promotion activities; e engages in conduct in entering the Promotion which in the Promoter’s opinion is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promotion and/or Promoter. This include where entrants use multiple names or addresses to register multiple entries; f is assisted by another disqualified entrant in performing an entry method.