Onyx Gaming

 

Venue Opt-In Purchasing Terms & Conditions

 

TERMS

  • Promotion Pack: 12 Days of Christmas 2024 Campaign Pack
  • Promotion: 12 Days of Christmas 2024
  • Venue: To be stated in the Campaign Promotional Pack Opt-In online form by the Venue Contact.

 

CONDITIONS

By completing and submitting the Campaign Promotion Pack Opt-In online form, you agree on behalf of the stated Venue to purchase the Promotion Pack for the Promotion and to comply with these Venue Opt-in Purchasing Terms and Conditions.

By ordering a Promotion Pack, you agree personally and on behalf of the Venue (and any legal entity that owns the Venue) that:

  • you have the required permission and authority to opt in to participate in the Promotion on behalf of the Venue;
  • you are authorised to purchase, and to authorise payment for, the Promotion Pack on behalf of the Venue;
  • the Venue is solely responsible for any tax, duty or other charge which is or may be imposed by law in relation to its participation in the Promotion.

You agree (personally and on behalf of the Venue) to abide by, and ensure that all Venue staff abide by:

  • these Venue Opt-in Purchasing Terms and Conditions;
  • the Terms and Conditions governing the Promotion; and
  • all applicable laws, regulations and industry codes.

You agree (personally and on behalf of the Venue) you will not, and you will procure that Venue staff do not, engage in conduct which is illegal, or which may reasonably be expected to bring Onyx Gaming, or its related organisations, into disrepute.

Acceptance of a Venue’s order of a Promotion Pack, together with a Venue’s ongoing participation in the Promotion, will be at the sole discretion of Onyx Gaming.

The purchase price of the Promotion Pack will be included in the Venue’s next monthly invoice.

Promotion Packs will be delivered to the Venue prior to the commencement of the Promotion.

The Promotion will be conducted at the Venue on behalf of Onyx Gaming in accordance with the Terms and Conditions governing the Promotion.

The Venue is responsible for the prizes and will be responsible for the cost of replacing one or more of the prizes if they are lost, damaged or stolen.

The Venue must:

  • remove, and is solely responsible for removing, all Promotion point of sale material on the last day of the Promotion; and
  • promptly comply will all reasonable directions of Onyx Gaming in relation to the Promotion and provide Onyx Gaming with any information reasonably requested within the timeframe specified by Onyx Gaming.

Onyx Gaming reserves the right to:

  • amend the Terms and Conditions that govern the Promotion, the artwork associated with the Promotion;
  • change any prize associated with the Promotion at any time prior to the commencement of the Promotion;
  • substitute a Prize with an alternative prize to the equal value and/or specification (unless prohibited by law) in circumstances where a Prize is unavailable for any reason beyond its reasonable control;
  • cancel or suspend the Promotion in accordance with the Terms and Conditions that govern the Promotion and cancel, terminate, modify or suspend the Promotion in accordance with any written directions given by any relevant government or regulatory authority.

Except for any implied condition or warranty the exclusion of which from these terms and conditions would contravene any statute or cause any part of these terms and conditions to be void (Non-Excludable Condition), Onyx Gaming excludes from these terms and conditions all conditions, warranties and terms, implied by statute, general law or custom.

Except for any liability in relation to a Non-Excludable Condition, Onyx Gaming (including its officers, employees, contractors and agents and those of its related organisations) excludes all liability whether arising in tort (including, without limitation, negligence), contract or otherwise for any personal injury or any other loss, damage, cost, expense, damage or claim suffered, sustained or incurred (including without limitation loss of opportunity or loss of profits) whether direct, indirect, special or consequential, arising either directly or indirectly out of or in connection with the Promotion or a prize.

To the extent that a situation or issue arises for which these terms and conditions make no provision or in relation to these terms and conditions are unclear, Onyx Gaming reserves the right to make a decision regarding such situation or issue in its sole and absolute discretion and, subject to any law or regulator direction to the contrary, such decision will be final and binding.

The Venue will indemnify Onyx Gaming, and hold Onyx Gaming harmless, against all liability, costs, expenses, damages and losses (including direct, indirect or consequential loss) incurred by Onyx Gaming and in connection with or arising from the Venue conducting the Promotion on behalf of Onyx Gaming. These Venue Opt-in Purchasing Terms and Conditions are governed by and must be construed in accordance with the laws in force in the state or territory where the Participating Venue is located.