Giveaway Terms & Conditions
Opal Empire Giveaway Terms & Conditions
OPAL EMPIRE GIVEAWAYS
OPAL CRUSH CONTEST TERMS AND CONDITIONS
1. Promoter
1.1. The promoter of the Opal Crush Contest (Contest) is U-Help Removals and Transport Pty Ltd trading as Opal Empire Giveaways(Opal Empire, we, us or our).
1.2. These Terms and Conditions govern participation in the Contest and must be read together with:
1.2.1. the Opal Empire Membership Terms and Conditions;
1.2.2. the Opal Empire Privacy Policy;
1.2.3. any specific promotional material published for a particular Contest; and
1.2.4. any other terms expressly stated to apply to a particular Contest.
1.3. If there is an inconsistency between these Terms and Conditions and promotional material relating to a particular Contest, these Terms and Conditions prevail unless the promotional material expressly states otherwise.
1.4. By participating in a Contest, an entrant agrees to be bound by these Terms and Conditions.
2. Nature of the Contest – Game of Skill
2.1. Opal Crush is a game of skill.
2.2. The Contest is intended to reward the entrant who demonstrates the greatest skill in playing Opal Crush during the applicable Contest Period.
2.3. The winner is determined by the highest valid score achieved during the Contest Period in accordance with these Terms and Conditions.
2.4. Subject to clause 8 dealing with tied scores, chance does not determine the winner.
2.5. Nothing in these Terms and Conditions is intended to create a lottery, game of chance or other regulated gambling activity.
2.6. Opal Empire may refuse to conduct a Contest in any jurisdiction where conducting or participating in the Contest would be unlawful or would require an approval, licence or permit that Opal Empire does not hold.
3. Contest Period
3.1. Unless otherwise stated in the promotional material for a particular Contest, each monthly Contest:
3.1.1. opens at 6:00 pm Australian Central Standard Time/Australian Central Daylight Time, as applicable, on the 8th day of the month; and
3.1.2. closes at 6:00 pm Australian Central Standard Time/Australian Central Daylight Time, as applicable, on the 28th day of the same month,
(Contest Period).
3.2. Only valid attempts completed and recorded by the Opal Empire system during the Contest Period will be eligible.
3.3. The time recorded by Opal Empire's systems will be the official time for determining whether an attempt was made within the Contest Period, subject to correction of any manifest technical or administrative error.
4. Eligibility
4.1. Entry is open to persons who:
4.1.1. are aged 18 years or older;
4.1.2. hold an active and eligible Opal Empire membership;
4.1.3. have a valid Opal Empire account;
4.1.4. satisfy these Terms and Conditions; and
4.1.5. reside in a jurisdiction in which participation in the Contest is lawful.
4.2. International entrants may participate only where:
4.2.1. participation in the Contest is lawful in their country, state, province or other jurisdiction;
4.2.2. receipt and importation of the relevant prize is lawful;
4.2.3. Opal Empire is legally permitted to offer the Contest to that entrant; and
4.2.4. the prize can reasonably be delivered to the entrant.
4.3. The availability of DHL or another carrier to deliver to a particular country does not constitute a representation by Opal Empire that participation in the Contest is lawful in that country.
4.4. The following persons are not eligible to win:
4.4.1. directors, officers and employees of Opal Empire;
4.4.2. directors, officers and employees of any related entity materially involved in conducting or administering the Contest;
4.4.3. agencies or contractors directly involved in conducting the Contest; and
4.4.4. immediate family members of the persons referred to in paragraphs 4.1 to 4.3.
4.5. For the purposes of clause 4.4, immediate family includes a spouse, de facto partner, parent, child and sibling.
4.6. Opal Empire may require an entrant to provide reasonable evidence of their identity, age, residence and eligibility before awarding a prize.
5. Membership and Contest Attempts
5.1. Eligible entrants receive attempts to play Opal Crush according to their applicable membership tier.
5.2. Unless otherwise specified in the Membership Terms applicable when the membership is acquired, the membership tiers provide the following attempts for each applicable Contest:
5.2.1. Bronze Membership – 1 attempt;
5.2.2. Silver Membership – 2 attempts;
5.2.3. Gold Membership – 5 attempts;
5.2.4. Platinum Membership – 9 attempts; and
5.2.5. Elite Membership – 18 attempts.
5.3. An attempt means one opportunity to play Opal Crush and submit a score.
5.4. Attempts:
5.4.1. have no cash value;
5.4.2. cannot be sold or transferred;
5.4.3. may only be used by the member to whom they are allocated; and
5.4.4. expire at the end of the Contest Period for which they were allocated unless expressly stated otherwise.
5.5. Purchasing a higher membership tier provides additional opportunities to play Opal Crush but does not guarantee that the member will achieve a higher score or win a Contest.
5.6. The Contest remains a competition of skill notwithstanding that different membership tiers may provide different numbers of attempts.
6. How to Enter and Play
6.1. To participate, an eligible entrant must:
6.1.1. have an active Opal Empire account and eligible membership;
6.1.2. access Opal Crush through the authorised Opal Empire platform;
6.1.3. use one of the attempts allocated to their account;
6.1.4. personally play the game; and
6.1.5. complete the attempt during the Contest Period.
6.2. Each completed attempt will produce a score calculated according to the rules and scoring mechanics programmed into Opal Crush.
6.3. The entrant's highest valid score achieved during the Contest Period will be used for determining their ranking unless otherwise expressly stated for a particular Contest.
6.4. Entrants must play personally and must not use:
6.4.1. bots;
6.4.2. scripts;
6.4.3. automated software;
6.4.4. macros;
6.4.5. modified devices or software;
6.4.6. exploits, cheats or unauthorised modifications;
6.4.7. another person to play on their behalf; or
6.4.8. any other method that provides an artificial or unfair advantage.
7. Leaderboard and Determination of Winner
7.1. Opal Empire may display a leaderboard during the Contest Period showing entrant scores and rankings.
7.2. Any leaderboard displayed before completion of verification is provisional only.
7.3. At the end of the Contest Period, the eligible entrant who has achieved the highest verified valid score will be the provisional winner.
7.4. Before declaring the winner, Opal Empire may reasonably verify:
7.4.1. the entrant's eligibility;
7.4.2. the validity of the entrant's membership;
7.4.3. the score;
7.4.4. the manner in which the score was achieved;
7.4.5. relevant technical or game records; and
7.4.6. compliance with these Terms and Conditions.
7.5. Opal Empire may invalidate a score where it reasonably determines, on objective evidence, that the score resulted from:
7.5.1. cheating;
7.5.2. manipulation;
7.5.3. unauthorised software or equipment;
7.5.4. exploitation of a material technical malfunction;
7.5.5. account sharing;
7.5.6. fraudulent conduct; or
7.5.7. another material breach of these Terms and Conditions affecting the fairness or integrity of the Contest.
8. Tied Scores
8.1. If two or more eligible entrants achieve the same highest verified score, the winner must not be selected randomly.
8.2. The tied entrants will instead participate in a further skill-based tie-break challenge nominated by Opal Empire.
8.3. The tie-break challenge must:
8.3.1. test substantially the same or a comparable gaming skill as Opal Crush;
8.3.2. be conducted on substantially equivalent conditions for each tied entrant; and
8.3.3. determine the winner objectively by performance.
8.3.4. If the tie-break challenge results in a further tie, additional skill-based tie-break challenges will be conducted until a single winner is determined.
8.3.5. No random draw, lottery, coin toss or other element of chance will be used to resolve a tie.
9. Prizes
9.1. Unless otherwise specified in the promotional material for a particular Contest, there will be one prize for each Contest.
9.2. The particular prize, its recommended retail value and any material conditions applying to the prize will be displayed on the Opal Empire website, app, Contest page or leaderboard before or during the relevant Contest Period.
9.3. Where the advertised prize for a particular Contest is the Empire 18K Opal Pendant with Necklace, its advertised recommended retail value is $15,000 AUD, subject to confirmation in the promotional material for that Contest.
9.4. The total prize pool for each Contest will be the value stated in the promotional material applicable to that Contest.
9.5. Prize values are stated in Australian dollars and include GST where applicable.
9.6. A prize is not transferable or redeemable for cash unless:
9.6.1. the prize itself is cash; or
9.6.2. Opal Empire expressly agrees otherwise.
9.7. If a prize becomes unavailable for reasons outside Opal Empire's reasonable control, Opal Empire may, to the extent permitted by law, substitute a prize of equal or greater value, subject to any regulatory approval that may be required.
9.8. Opal Empire will not reduce the value of an advertised prize after commencement of the relevant Contest except where permitted by law.
10. Winner Announcement and Notification
10.1. Following completion of verification, Opal Empire will notify the winner using the telephone number, email address or other contact details registered to the winner's account.
10.2. The winner may also be announced through:
10.2.1. the Opal Empire website;
10.2.2. the Opal Empire app;
10.2.3. the Opal Empire leaderboard;
10.2.4. Opal Empire's official social media accounts; or
10.2.5. another promotional channel identified before the Contest closes.
10.3. The winner is responsible for ensuring that the contact information associated with their account is accurate and current.
10.4. Publication of a winner's name will be limited to information reasonably necessary to identify the winner and promote the Contest, subject to applicable privacy laws.
10.5. Opal Empire will not publish a winner's residential address.
11. Claiming the Prize and Unclaimed Prizes
11.1. A winner must claim their prize and provide any reasonably required eligibility or identification information within 14 days after receiving notice of winning.
11.2. Opal Empire must make reasonable attempts to contact the winner during that period.
11.3. A winner will not forfeit a prize merely because of an immaterial administrative error or delay where the winner has otherwise taken reasonable steps to claim the prize.
11.4. If, after reasonable attempts to contact the winner and expiry of the 14-day claim period:
11.4.1. the winner cannot be contacted;
11.4.2. the winner does not claim the prize;
11.4.3. the winner is found to have been ineligible; or
11.4.4. the winning score is found to be invalid,
the prize may be awarded to the eligible entrant with the next highest verified valid score.
11.5. If necessary, this process may continue in descending order of verified scores until an eligible prize winner is identified.
12. Referral Bonus Attempts
12.1. Active Opal Empire members may be provided with a unique referral link or referral code.
12.2. Where an eligible new member joins through a valid referral link in accordance with the applicable referral promotion:
12.2.1. the referring member may receive 3 additional Opal Crush attempts; and
12.2.2. the new member may receive 3 additional Opal Crush attempts,
unless a different bonus is clearly specified in the applicable promotional material.
12.3. Referral bonus attempts:
12.3.1. have no cash value;
12.3.2. cannot be transferred;
12.3.3. may only be used by the member to whom they are allocated; and
12.3.4. are subject to any expiry period disclosed when they are issued.
12.4. A referral must be genuine.
12.5. Opal Empire may refuse or cancel referral bonus attempts where it reasonably determines that they arose from:
12.5.1. fictitious accounts;
12.5.2. duplicate accounts;
12.5.3. self-referrals using multiple accounts;
12.5.4. misleading or unsolicited electronic marketing contrary to law;
12.5.5. manipulation of the referral system; or
12.5.6. fraud or other dishonest conduct.
12.6. Opal Empire may amend or discontinue the referral program prospectively on reasonable notice. Any valid bonus attempts already earned will not be retrospectively removed merely because the referral program is changed or discontinued.
13. Fair Play and Disqualification
13.1. Entrants must act honestly and fairly.
13.2. Opal Empire may disqualify an entrant or invalidate an affected score where it reasonably determines that the entrant:
13.2.1. has breached these Terms and Conditions in a material respect;
13.2.2. has cheated or attempted to cheat;
13.2.3. has tampered with the Contest, game, website, app, leaderboard or scoring system;
13.2.4. has provided false information relevant to eligibility;
13.2.5. has used multiple accounts contrary to the Membership Terms;
13.2.6. has interfered with another entrant's participation;
13.2.7. has engaged in unlawful conduct relating to the Contest; or
13.2.8. has engaged in abusive, threatening or seriously disruptive conduct directed at Opal Empire personnel or other entrants in connection with the Contest.
13.3. Any disqualification must be reasonably proportionate to the conduct concerned.
13.4. Opal Empire may preserve game logs, device information and other relevant technical records reasonably necessary to investigate suspected cheating or manipulation, subject to applicable privacy laws.
14. Technical Problems
14.1. Opal Empire will take reasonable steps to operate Opal Crush and the Contest fairly and reliably.
14.2. However, online games and services may occasionally be affected by technical problems including:
14.2.1. internet outages;
14.2.2. server failures;
14.2.3. software errors;
14.2.4. device compatibility issues;
14.2.5. telecommunications failures;
14.2.6. cyber incidents; or
14.2.7. other events outside Opal Empire's reasonable control.
14.3. Where a technical issue materially affects the integrity or fairness of a Contest, Opal Empire may take reasonable steps necessary to restore fairness, including:
14.3.1. restoring an affected attempt where technically practicable;
14.3.2. correcting an incorrectly recorded score;
14.3.3. temporarily suspending the Contest;
14.3.4. extending the Contest Period;
14.3.5. requiring an affected part of the Contest to be replayed; or
14.3.6. cancelling and recommencing the Contest where there is no reasonably practicable alternative.
14.4. In exercising its rights under clause 14.3, Opal Empire must act reasonably and, so far as practicable, avoid unfairly prejudicing entrants who have already participated.
14.5. Nothing in this clause limits any right or remedy that cannot lawfully be excluded.
15. Events Outside Opal Empire's Reasonable Control
15.1. Opal Empire will not be responsible for a delay or failure to conduct the Contest strictly according to the advertised timetable where that delay or failure results from circumstances outside its reasonable control, including natural disaster, widespread telecommunications failure, cyberattack, civil disturbance, government action or other comparable event.
15.2. If such an event occurs, Opal Empire may make such reasonable modifications to the Contest as are necessary to preserve its integrity and fairness.
15.3. Opal Empire will notify affected entrants of any material change as soon as reasonably practicable.
16. Prize Delivery
16.1. Opal Empire will arrange delivery of physical prizes to the winner using DHL or another reputable delivery provider selected by Opal Empire.
16.2. Unless otherwise stated in the promotional material, Opal Empire will bear the ordinary cost of delivery of the prize to the winner's nominated eligible delivery address.
16.3. The winner must provide complete and accurate delivery information.
16.4. Opal Empire may require reasonable proof of identity before dispatching a high-value prize.
16.5. Delivery remains subject to:
16.5.1. applicable customs laws;
16.5.2. import restrictions;
16.5.3. carrier restrictions;
16.5.4. sanctions and trade restrictions; and
16.5.5. other applicable laws.
16.6. If a prize cannot lawfully be delivered to an international winner's jurisdiction, Opal Empire will act reasonably to determine whether an alternative lawful arrangement can be made.
17. Insurance and Loss in Transit
17.1. Opal Empire will arrange reasonable transit insurance for high-value physical prizes where commercially available.
17.2. The extent of insurance coverage may be subject to the terms, exclusions and maximum liability limits of the relevant carrier or insurer.
17.3. Opal Empire will not represent that a prize is insured for its full value unless that coverage has actually been obtained.
17.4. If a prize is lost or damaged in transit before delivery, Opal Empire will take reasonable steps to pursue the applicable carrier or insurance claim and provide the winner with an appropriate remedy having regard to the circumstances and the winner's rights under applicable law.
18. Taxes, Duties and International Charges
18.1. Unless otherwise expressly stated, Opal Empire will pay ordinary delivery costs associated with sending the prize.
18.2. Where Opal Empire expressly advertises that it will pay identified import duties or taxes associated with a particular prize, it will pay those amounts to the extent reasonably ascertainable and legally permissible.
18.3. Opal Empire does not warrant that every tax, duty, fee or governmental charge that may arise in every foreign jurisdiction can be identified or prepaid.
18.4. The winner is responsible for obtaining their own taxation, customs or financial advice concerning the receipt of a prize.
19. Publicity
19.1. By accepting a prize, the winner agrees that Opal Empire may publish the winner's name, general location such as city, state or country, winning score and details of the prize for the reasonable purpose of announcing and promoting the Contest.
19.2. Opal Empire may invite a winner to provide a photograph or video of themselves with or wearing the prize for promotional purposes.
19.3. Any additional use of a winner's image, likeness or testimonial for advertising will be subject to the winner's consent and applicable law.
19.4. Refusal to participate in additional promotional photography or advertising will **not of itself result in forfeiture
