OKX Australia Merch Giveaway Terms and Conditions
These OKX Australia Merch Giveaway Terms and Conditions (the “Terms”) are entered into between you (“User” or “you”) and OKX Australia Pty Ltd (“OKX,” “we,” “us,” or “our”). These Terms govern your access to and participation in our social media giveaways (the “Giveaways”) (collectively, the “Agreement”).
No purchase is necessary. Transactions, purchases, or payments of any kind will not increase your chances of winning. Participation is limited to legal residents in Australia. OKX's social media giveaways are void where prohibited or restricted by law and shall be exclusively governed by the laws of New South Wales, Australia.
By accessing the Giveaways, you confirm that you have read, understood, and accepted the Agreement, and you shall be legally bound by any and all of these Terms regardless of your location or nationality. If you do not agree to be bound by the Agreement, do not access or participate in the Giveaways.
Eligibility
1.1 Entrant Eligibility. The Giveaways are only open to legal residents of Australia who are at least 18 years of age or older. All entrants and participants must comply with this Agreement and all applicable service terms, user terms,announcements and other operational rules (“User Agreements”) as amended and restated by OKX from time to time and meet these eligibility conditions.Determination of compliance shall be at the sole discretion of OKX.
1.2. Australian Residents only. By accessing the Giveaways, you represent and warrant that you are a resident of Australia and are located in Australia at the time of accessing the Giveaways. You acknowledge that the Giveaways are subject to certain geographic restrictions and may not be available outside of Australia, and that all related assets will be offered only in the regions determined by OKX in our sole discretion.
1.3 Non-Eligible Parties. OKX, its parent, affiliates, subsidiaries, promotional agencies, sales representatives, and each of their respective directors, officers, employees, and assigns (collectively the “Promotional Parties”) are not eligible to enter the Giveaways or win a prize. This also includes any respective immediate family members and/or those living in the same household each (whether related or not). For purposes of this Agreement, a “family member” includes any spouse, partner, parent or step-parent, legal guardian, in-law, grandparent, children or step-children, siblings or step-siblings, and grandchildren.
1.4 Additional Eligibility Criteria and Change of Rules. Please note that additional rules and eligibility criteria may be announced through other channels, such as OKX's X account or social media. OKX reserves the right to change the terms of the Giveaways at any time at its discretion. Furthermore, OKX reserves the right to disqualify any entrants or who show signs of fraudulent behaviour at OKX's sole discretion.
1.5 Legal and Regulatory Restrictions. The Giveaways are subject to all applicable laws and regulations and are void where prohibited or restricted by law.
2. How to Enter
2.1 How to Enter. The Giveaways will run on X via OKX’s social channel (@OKX_Australia). Without limiting the foregoing, in order to be eligible to win the Prize for each Giveaway, eligible entrants must complete the procedures set forth in this Agreement and other user agreements, including but not limited to the following:
Twitter (X) entry:
Follow the @OKXAustralia account with the entrant’s personal X account.
Complete the tasks required in the relevant social media post from OKX's social channel.
2.2 Limitations on Entry. Limit of one (1) entry per person per Giveaway. OKX reserves the right to disqualify entries that are incomplete, offensive, or not aligned with the nature of the promotion.
3. Prize
The prize(s) for each Giveaway will consist of varying merchandise items ("the Merch Pack", “Prize”) as outlined in the relevant social media post for that Giveaway that is posted by OKX (the “Giveaway Post”). Merch Pack contents may include, but are not limited to, branded clothing, accessories, and other promotional items from OKX. The exact number of winners for each Giveway will be determined at OKX’s discretion and specified in the Giveaway Post.
No cash alternative will be offered. Prizes are not transferrable, and no substitutions will be made except as provided in this Agreement and at OKX's sole discretion.
4. Giveaway Period
Each Giveaway will run for the time specified in the Giveaway Post (the "Giveaway Period").
5. Winner Selection
5.1 Winner Selection. Each Giveaway is a game of skill, and no element of chance will be involved in determining the winner(s). Entries will be judged based on criteria such as creativity, originality, and relevance to the Giveaway task. The judging panel will be conducted by OKX’s Community Manager at their absolute discretion.
5.2 OKX's Confirmation is Final and Binding. Judging will take place within thirty days from the end of the Giveaway Period. The selection of winner(s) shall be final and binding.
6. Winner Notification and Claiming Prizes
6.1 Potential Winner Notification. The winner is responsible for ensuring they are able to accept the prize as set out and in accordance with this Agreement. Potential winners will be notified via direct message on X by an OKX representative with instructions on how to claim their prize. In order to remain eligible to claim their prize, potential winners must respond to this message within 72 hours.
6.2 Potential Winner Requirements. If a potential winner cannot be contacted, fails to respond to the email within the allotted time of 72 hours, or refuses the prize, or if a prize and/or prize notification is returned as undeliverable, the potential winner will be disqualified without further notice, and OKX reserves the right to award the prize to the next best entry
6.3 Prize Fulfilment. Distribution of the prize will be commenced within thirty days from verification of each winner. OKX is not liable for undelivered emails resulting from any form of active or passive email filtering by an entrant’s email or insufficient space in an entrant’s account for receiving emails. Instances including these will be considered prize forfeiture, and no compensation shall be given. OKX will have no further obligations to the entrant in such instances.
6.4 Stipulations Transfer or Substitution. Prizes are not transferrable, and no substitutions will be made except as provided in these rules and at OKX’s sole discretion. OKX reserves the right to substitute a prize for one of equal or greater value if the designated prize becomes unavailable for any reason. Prizes consist of only the items specifically listed and described as part of the prize. In no event will more than the stated number of prizes be awarded.
6.5 Undeliverable Prizes. Prize details not specifically stated in these rules will be determined at OKX’s sole discretion. OKX is not responsible for and will not replace any prize that is undeliverable or any lost, damaged, or stolen prize(s) or components of a prize.
7. Shipping
OKX will ship the Prize to the winner’s nominated address in Australia via Australia Post. OKX retains the right to decline, in OKX's sole discretion, to ship Prizes to individuals located in areas where Australia Post does not ship or where shipping is otherwise impracticable. OKX will not be responsible for any delays, damages, or losses incurred during the delivery of the prize.
8. Representations and Warranties
OKX does not make any representation and warranties regarding the Giveaway. All calculations for final Giveaway prizes are verified by OKX and the corresponding calculation methods have been stated in these rules, but OKX makes no warranties that its calculations will be free from errors or interference.
9. Disclaimers and Limitations of Liability
9.1 Limitations of Liability. To the maximum extent permitted by law, any liability not expressly provided herein shall be disclaimed by OKX. Except as otherwise required by law, in no event shall OKX, its directors, members, officers, employees, or agents be liable for any special, indirect or consequential damages, or any other damages of any kind whether in an action in contract, tort (including but not limited to negligence), or otherwise arising out of or in any way connected with the promotion, including, without limitation, any damages caused by or resulting from reliance by any entrant on any information obtained from OKX, or that result from mistakes, omissions, interruptions, delays in operation or transmission, or any failure in performance, whether or not resulting from a force majeure event, communications, OKX, its directors, members, officers, employees, or agents shall be limited in their liability, whether individually or on a collective basis, to ten AU dollars ($10 AUD).
9.2 No Liability. No third party company is a promoter of this giveaway or accepts any liability in relation to the prize draw.
10. Governing Law and Dispute Resolution
10.1 Governing Law. Entrants agree that in order to participate in the Giveaways, any and all claims, disputes, and causes of action of any kind or nature arising out of or relating to the Giveaways, directly or indirectly, shall be governed by and construed in accordance with the laws of New South Wales, Australia without regard to any principles of conflicts of law.
10.2 Arbitration. This Agreement is governed by, and shall be construed in accordance with, the laws of New South Wales, Australia. Any dispute or claim arising out of or related to this Agreement shall be subject to binding arbitration administered by the Australian Centre for International Commercial Arbitration (“ACIC”) in accordance with the ACICA Arbitration Rules. The seat of arbitration shall be Sydney, Australia. The parties shall bear their own attorneys’ fees and costs of arbitration unless otherwise ordered by the arbitrator. The parties shall split the ACIC Aarbitrator fees and expenses equally. The arbitration will be governed by the ACICA Arbitration Rules, as modified by this Agreement, shall apply. Dispositive motions will be allowed, and the arbitrator must follow this Agreement, will have the same power to award damages and relief as a court (including reasonable attorney’s fees and costs), and will issue a binding written decision, which can be enforced by entry of judgment by any court of competent jurisdiction.
10.3 Limited Discovery. Entrants agree that OKX shall not be required to give general discovery of documents, but may be required to only produce, specific, identified documents which are relevant and material to the outcome of the Dispute.
10.4 Final and Binding Nature. Any arbitral award shall be final and binding upon the parties and shall be enforceable in any competent court which has jurisdiction.
10.5 No Class Action or Litigation. Entrants agree to resolve any and all disputes with OKX on an individual basis through arbitration instead of as part of any class action or representative litigation.
11. OKX's Privacy Policy
Any and all information provided by entrants are subject to OKX’s Privacy Notice. By participating in the Giveaway, you grant OKX permission to share any personally identifiable information for the purpose of administration and prize fulfilment.
12. Social Network Disclaimer
12.1 Social Media Account. Please note that an X account may be required to enter.
12.2 Stipulations Relation to Social Media Platform. The Giveaways are not sponsored, endorsed, associated with, or administered by X.
12.3 Required Information. All entrants understand and agree that they provide their information to OKX and not to X.
13. Miscellaneous
13.1 Full and Entire Understanding. All relevant terms and conditions, user agreements, policies, rules, and announcements (as modified, supplemented, and restated from time to time) that are published on OKX's website constitute the full and entire understanding and agreement between you and OKX regarding this Giveaway.
13.2 New Notices, Announcements, and Updates. OKX may post further announcements with more details on the Giveaways from time to time at its sole discretion as it deems appropriate. Please closely read and review these notices, announcements, and updates relating to or about the Giveaways in order to be eligible to win prizes offered in the Giveaways. Your continued participation in the Giveaways(s) after having been notified of these changes constitutes your acceptance of relevant announcements.
13.3 Right to Change or Modify. OKX reserves the right to exclude any participants from the Giveaways without notice and to cancel this Giveaway without notice, in its sole discretion.
13.4 Final Decision and Interpretation. OKX reserves the right to interpret the Terms of the Giveaways as it sees fit, and reserves the right to change or modify these Terms at any time in its sole discretion.
13.5 Disclaimer. Information about digital currency exchange services is prepared by OKX Australia Pty Ltd (ABN 22 636 269 040). Information is general in nature and should not be taken as investment advice, personal recommendation or an offer of (or solicitation to) buy any crypto or related products. You should do your own research and obtain professional advice, including to ensure you understand the risks associated with these products, before you make a decision about them. Past performance is not indicative of future performance - never risk more than you are prepared to lose. Read our Terms of Service and Risk Disclosure Statement for more information.
13.6. No Responsibility for Typographical Errors. OKX is not responsible for technical, pictorial, typographical, or editorial errors or omissions. For more information, go to www.okx.com © OKX. All rights reserved.