Coin Culture’s 1000 Subscribers Promotion

Terms and Conditions

Promotion

1. Coin Culture wants to reach 1000 subscribers! To celebrate we’re giving you the chance to participate in our promotion and potentially win a Prize with a total value of up to $1000!

Terms and Conditions

1. The Promotion is run by Coin Culture. The Promotion is governed by the Terms and Conditions as displayed on Coin Culture’s websites and platform.
2. Any information on the Platform relating to this Promotion, including, but not limited to, the:
   1. eligibility requirements of the Promotion;
   2. method by which an entry in the Promotion is to be made;
   3. Prize; and/or 

form part of these Terms and Conditions of the Promotion.

1. You acknowledge that by participating in the Promotion you are providing your irrevocable agreement to be bound by the Terms and Conditions.

Promotional Period

1. The Promotion will commence on the date specified in clause 7.
2. Coin Culture reserves the right to terminate the Promotion at its absolute discretion and any decision exercised under this clause is not subject to review.
3. In accordance with clause 5, the date of the commencement of the Promotion is outlined below:
   1. Start Date: 9:00am AEDT Wednesday, 3rd November 2021

Prize

1. The winning Participant will receive Bitcoin to the value of $1000AUD
2. The Prize will be awarded in the name of the winning Participant, in accordance with clause 23(a).
3. The winning Participant will be notified via their registered email address within forty-eight (48) hours of the date outlined in clause 19.
4. The name of the winning Participant will be published on the Site for a period of no less than twenty-eight (28) days and you agree to the publication of your first name and state.
5. The redemption period, during which the Prize may be claimed, commences on the date outlined in clause 19 and ends three (3) months from that date.
6. The winning Participant will be taken to have redeemed the Prize once the Prize has been transferred by registration in the winning Participant’s name and preferred account.
7. The Prize will be provided to the winning Participant within 28 days of the end of the Redemption Period.
8. To the maximum extent permitted by law, as a condition precedent to accepting the Prize, the winning Participant must sign any legal documentation as and in the form reasonably required by Coin Culture and/or Prize suppliers, including but not limited to, any legal release and indemnity form.

Unclaimed Prize

1. If Coin Culture is unable to contact the winning Participant, and the winning Participant does not claim the Prize within the Redemption Period by contacting Coin Culture, the Prize will be deemed to be forfeited by the winning Participant.
2. If the Prize remains unclaimed in accordance with this clause, a second draw for the Prize will take place on the first business day after the expiry of the Redemption Period subject to any directions from a regulatory authority. The alternative winning Participant will be notified via their registered phone number within forty eight (48) hours of the second announcement.

Unavailable Prize

1. If a Prize is unavailable and Coin Culture has used all reasonable efforts to arrange the Prize, you explicitly agree that Coin Culture may, without further notice to you, substitute the Prize with a prize of equal value and/or specification or greater value.

Draw Date

1. The winner of the Prize will be announced within 5 business days of reaching 1000 email subscribers.

Eligibility to Enter Promotion

1. Entry into the Promotion is free and is only open to ‘Australian residents’] aged eighteen (18) years or over who comply with clause 23.
2. Employees, immediate family members, retailers, suppliers, associated companies and agencies related to Coin Culture are not eligible to enter into the Promotion.
3. All entries made by individuals who are not eligible, in accordance with clause 20, will be automatically deemed invalid without exception.

How to Participate in the Promotion

1. In order to participate in the Promotion, an Eligible Person must:
   1. Have subscribed to Coin Culture’s mailing list during the Promotional Period outlined in clause 7;
   2. Remained a subscriber throughout the duration of the Promotional Period outlined in clause 7;
2. Any Eligible Person who complies with clause 23 will have successfully participated in the Promotion.
3. A Participant can only submit a maximum of one (1) entry in the Promotion.
4. All entries will be deemed accepted at the time of receipt by Coin Culture and not at the time the Trade is made by the Participant.
5. All entries made in the Promotion are final.

Verification of Entry

1. Coin Culture reserves the right to, at any time, verify the validity of any entry and the eligibility of a Participant (including the Participant’s identity, age and place of residence) and to disqualify any Participant that does not meet the eligibility requirements outlined in clause 20.
2. Failure by Coin Culture to enforce any of its rights at any stage does not constitute a waiver of those rights.
3. If in the event that a winning Participant’s entry is determined by Coin Culture to be invalid, another Participant will be announced as the winner in accordance with clauses 16 and 17.

Discretion and Decision

1. Any decision made by Coin Culture in relation to the conduct of the Promotion or the determination of the winning Participant of the Prize is final and cannot be contested, disputed or challenged in any way.

Non-Excludable Guarantees

1. 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 2010 (Cth) or similar consumer protection laws in the States and Territories of Australia.

Loss and Liability

1. To the maximum extent permitted by law, Coin Culture will not be liable under these Terms and Conditions for any consequential loss including but not limited to any special, indirect, loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use (including both real and anticipatory) and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
2. Except for any liability that cannot by law be excluded by law (including those required under clause 32), Coin Culture (including its respective officers, employees and agents) will not be liable to a Participant for all liability (including but not limited to all expenses, costs, damages, claims, losses) arising in any way out of or in connection with:
   1. any act or omission of the Participant;
   2. any breach of these Terms and Conditions by the Participant;
   3. any Force Majeure as outlined in clause 37;
   4. a breach of these Terms and Conditions
   5. a matter arising out of clause 35;
   6. any personal injury or loss;
   7. claiming any Prize;
   8. use of any Prize in any way;
   9. any theft of any Prize or unauthorised access or third party interference in the Promotion;
   10. any entry or Prize claim that is late, lost, altered, damaged, delayed or misdirected (whether or not after their receipt by Coin Culture) due to any reason beyond the reasonable control of Coin Culture; or
   11. any tax liability incurred by a winning Participant.
3. You agree that by participating in the Promotion, you indemnify, waive and release Coin Culture in respect of any of the matters set out in clause 34.
4. Coin Culture accepts no responsibility and will not be liable for any late, lost, delayed, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. Coin Culture has no control over communications networks or services, the internet, or computer or telephone networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise.

Force Majeure

1. If performance of the Promotion, provision or use of the Prize (or any part of it), or any obligation under these Terms and Conditions is prevented, restricted, or interfered with by a Force Majeure, and if as a result Coin Culture is unable to carry out its obligations or to provide the winning Participant with the Prize (or any part of it), Coin Culture may in its absolute discretion, subject to any written directions made under any applicable legislation, cancel, terminate, modify or suspend the Promotion and/or, if necessary, provide an alternative prize or prizes to the same value as the original Prize.
2. Coin Culture will give public notice of such an event and that the Promotion has been cancelled, terminated, modified or suspended.
3. Force Majeure means any event or circumstance beyond Coin Culture’s reasonable control, which includes, without limitation any:
   1. epidemic;
   2. pandemic (including COVID-19, and any mutations or variations to this disease or illness);
   3. acts of God;
   4. fire or explosion;
   5. vandalism;
   6. storm or other similar occurrence;
   7. orders of acts of military or civil authority;
   8. national emergencies, insurrections, riots, or wars;
   9. strikes, lock-outs and work stoppages;
   10. terrorism;
   11. infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or anything which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Promotion
4. The Promoter will use reasonable efforts under the circumstances to avoid or minimise any Force Majeure.
5. An act or omission will be deemed within the reasonable control of a party if it is capable of being committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.

Disputes

1. In the event that a dispute arises as to the identity of a Participant, the entry will be deemed to have been submitted by the authorised account holder of the email address.
2. The authorised account holder means the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organisation that is responsible for assigning email addresses for the domain associated with the email.
3. Coin Culture may ask any Participant to provide Coin Culture with proof that such party is the authorised account holder of the email address associated with the entry.
4. A party may not commence court proceedings relating to any dispute arising from the Terms and Conditions without:
   1. Meeting with Coin Culture to (in good faith) resolve the Dispute;
   2. if the parties cannot resolve the Dispute at that meeting then the matter will be referred to a mediator:
      1. The parties agree to attend the mediation in good faith.
      2. The costs of the mediation will be shared equally between the parties.
      3. Nothing in this clause will operate to prevent a party from seeking urgent injunctive or equitable relief from a court.

Personal information

1. Coin Culture collects personal information in order to conduct the Promotion and for other purposes as set out in the entry form or page for the Promotion and may, for this purpose, collect, use and disclose such information to third parties, including but not limited to agents, contractors, service providers, Prize suppliers and as required, to regulatory authorities.
2. Entry is conditional on providing this information.
3. Participants should direct any request to opt out, access, update or correct information to Coin Culture.
4. All entries, including the personal information contained in them, become the property of Coin Culture.

Causation of Harm

1. Any attempt, deliberate or otherwise, to cause malicious damage or interfere with the normal functioning of the Site, or the information on the Site, or to otherwise undermine the Terms and Conditions or the legitimate operations of the Promotion, may be a violation of criminal and civil laws and, should such an attempt be made, whether successful or not, Coin Culture reserves the right to seek damages to the fullest extent permitted by law.
2. If Coin Culture suffers loss or incurs any costs in connection with any breach of these Terms and Conditions or any other legal obligation by a Participant, the Participant agrees to indemnify Coin Culture for those losses, damages and costs.

Linked Sites

1. The Platform for the Promotion may contain links to other websites. Coin Culture does not endorse and is not responsible for the content of any Linked Sites. Any Linked Sites displayed on the platform are for the Entrants’ convenience only and the Entrant agrees to access, use and otherwise deal with Linked Sites at their own risk.

Social Media

1. Social media membership pages, applications and use of social media generally is subject to the prevailing terms and conditions of use of the social media platform.
2. Unless otherwise indicated in these Terms and Conditions, the Promotion is in no way sponsored, endorsed or administered by, or associated with, any social media platform including, but not limited to, Instagram, Facebook, Twitter and Pinterest.
3. If a Participant uses social media to participate in the Promotion, the Participant understands that they are providing their information to Coin Culture and not to any social media platform.
4. Participants are solely responsible and liable for the content of their entries and any other information they transmit to other Internet users.
5. By participating in the Promotion, the Participant releases Instagram, Facebook, Twitter, Pinterest or applicable social media sites from all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs associated with the Promotion.

Miscellaneous

1. Unless the contrary intention appears, a reference in these terms and conditions or in any advertisement relating to the Promotion, to Australian dollars, dollars, AUD$ or $ is a reference to the lawful currency of Australia.
2. These Terms and Conditions may be amended or replaced from time to time if required by any regulatory authority.
3. These Terms and Conditions represent the entire agreement between Coin Culture and any Participant (including the winning Participant) and supersede any prior agreement, understanding or arrangement between Coin Culture and any Participant (including the winning Participant), whether oral or in writing.
4. The Promoter excludes all warranties, guarantees or representations (whether express or implied) except as expressly provided in these Terms and Conditions.

Definitions

Where appearing in these Terms and Conditions, the following words have the meaning set out below.

Account means an account maintained by a Participant with Coin Culture.

Dispute means any dispute which arises between Coin Culture and any Participant in relation to the Promotion.

Eligible Person means a person who is eligible under clauses 20 to 22 to be a Participant.

Linked Sites means any website for which a link appears in the Site.

Participant means an Eligible Person who participates in the Promotion in accordance with clause 23.

Platform means all of Coin Culture’s websites and digital or information technology platforms.

Prize has the meaning given in clause 8.

Promotion means the promotion as described in, and governed by, these Terms and Conditions.

Promotional Period has the meaning given in clause 7.

Redemption Period has the meaning given in clause 12.

Site means Coin Culture’s website at www.coinculture.com/au

Terms and Conditions means the terms and conditions as more fully described and defined in clause 3.

Trade means where any single buy or sell, market buy or sell, or premium over-the-counter buy or sell, but does not include a swap or transfer to a cold wallet or any other platform.

• [1] Any reference to ‘$’ is a reference to Australian Dollars. The amount of Bitcoin will be calculated at the AUD/BTC rate on Coin Culture at the time funds are credited into the account.
• [2] An ‘Australian Resident’ is a natural person that both lives in Australia and is either an Australian citizen, a permanent resident visa holder or a protected Special Category visa (SCV) holder.