Conditions of Entry
Welcome. When you visit Cloakey’s we sincerely hope you have a great time with us. While you are either a patron or guest of ours you must abide by our terms and conditions. By entering our premises, you are agreeing to all our terms and conditions listed here on in.
Age Restriction:Our restrictions on persons under the age of 18 years is in line with current Queensland liquor licensing legislation (Liquor Act 1992 (Qld)) and Cloakey's Commercial Hotel license, number 225889. As such, minors are only allowed on the premises under certain circumstances including attending a Cloakey's function, obtaining a meal, and when accompanied by a responsible adult who is responsible for supervising them. As per our liquor license, minors are also not permitted on the premises after 10pm when Cloakey's is providing entertainment. Alcohol:BYO is not permitted at Cloakey's. Please support Cloakey's and purchase alcohol from us. For clarification BYO is Bring Your Own Alcohol. Attire:All patrons and guests must be respectfully and hygienically dressed at all times. Given the nature of our business, Cloakey’s recommends adequate foot ware be worn at all times. Cloakey’s takes no responsibility for loss or damaged caused by or to people wearing inadequate foot ware or inadequate general attire, including personal protection from the weather. Smoking:Smoking is permitted only in designated outdoor smoking areas (DOSAs) within Cloakey's premises. Within a DOSAs smoking (and drinking) is allowed but not eating. Under the smoking laws governing us, Cloakey's, with it's particular commercial hotel liquor license, can only permit smoking within DOSAs and the entire remaining area of Cloakey's premises is no-smoking. The no-smoking areas therefore include within guests mobile accommodation, hotel rooms, and non-DOSA open grass spaces. Animals:Certified assistance animals are allowed at Cloakey's in all areas the owner of the animal is allowed to enter provided they are well behaved. Apart from certified assistance animals, guests and patrons are allowed to bring well behaved pets and domestic animals only if the animal is restrained at all times either on an adequate lead no longer than 2m or within the person's vehicle. Cloakey's is situated in North Queensland which is subjected to tropical heat and other extreme weather at times. It is the animal owners responsibility to take this into consideration and their animal's welfare when determining if leaving their animal in a vehicle with it's available airflow is inappropriate. Cloakey's accepts no loss or damages caused by or to the restraining of an animal. Also, Cloakey's accepts no responsibility for the damages or losses caused by or to any animal, either native, wild, or domesticated. Animals of patrons and guests, apart from certified assistance animals, are only allowed on the verandas of the building, within vehicles, and in open outside spaces. All animal defecation is to be promptly and adequately cleaned up by their owner. Any animal holes dug are to be promptly and adequately filled in by their owner. Owners are liable for any and all loss or damage their animal(s) causes to Cloakey's business, it's grounds and buildings, and to it's other patrons, guests, and staff. Cloakey's reserves the right to, at Cloakey's complete discretion, either order or action the removal of, or allow the removal by others, of any animal at any time from the premises. This includes the ordering of the animal's owner to remove the animal themselves. Belongings:Your belongs are your responsibility and Cloakey's is not responsible for any loss or damage to them. Any monies, valuables, goods or vehicles that you have bought into Cloakey's premises remain your responsibility. Cloakey's is not responsible for their safekeeping and will not replace damaged, lost or stolen items. Cloakey’s reserves the right, at thier discretion, to refuse the usage and or taking onto its grounds, any equipment or other belongings of patrons or guests that, in their usage or otherwise, interferes with, causes annoyance or nuisance, or in other ways negatively impacts Cloakey’s business operations, and or their staff, patrons or guests operations and or enjoyment of Cloakey’s venue, with consideration given to, among other things, light, air, water, and noise pollution, and health and safety. In line with this, and at Cloakey’s sole discretion, patron and guest’s power generators are only permitted to be operated between the hours of 7am and 9pm providing they do not cause annoyance or nuisance to others. Rubbish:The leaving, dumping, and accumulation of rubbish and refuse at Cloakey's by guests and patrons is prohibited. Fires:No fires are allowed at Cloakey's. Water:All tap water at Cloakey's is untreated and unfiltered bore water and as such is deemed non-potable and it's consumption is prohibited by patrons and guests for health and safety reasons. Noise Level:Patrons and guests are to keep their noise at respectable levels considering time of day and surrounding people. Noise levels are not to cause annoyance or nuisance to other guests, patrons, staff, management, company directors, or Cloakey's neighbours. Information Privacy:From time to time we may gather information that in some way identifies you such as via digital channels (website, mobile apps, social media, and mobile phone text) or when you contact us or use our services through other means such as phone, email or in person. This information is retained for a period appropriate for the purpose for which it was provided. Cloakey's will take reasonable steps to protect your information during electronic transfer and storage to minimise unauthorised access to the information. You have the right to access and change certain personal information we hold about you, such as your name, address, payment details, and phone number(s). Cloakey's wants to be accurate, complete, and up to date with the information it holds and it encourages patrons and guests to notify Cloakey's if they believe their personal information held by Cloakey's is inaccurate. Given the nature of Cloakey's business patrons, guest, and staff frequently converse and exchange information. Cloakey's will deem any information patrons or guests shared or gathered while in the public bar area, or any other area where drinks are serveble under Cloakey's commercial hotel license, is not private in nature and therefore does not fall under any private information considerations or policies, unless the information is an entity's credit card or bank details. Patron and Guest Bookings:While we love providing you a great place to enjoy, there maybe unforeseen Cloakey's operational issues and management obligations including but not limited to extreme weather events, fire, and natural disasters, that may result in Cloakey's canceling or amending your bookings. In these cases, Cloakey's will make reasonable effort to notify you as soon as practical and provide a full refund of any paid canceled accommodation fees and charges. Cloakey's will not be liable for any other losses you may incur as a result of this cancellation. Bookings will be made for the people nominated at the time of booking. Cloakey's reserves the right to refuse to refuse entry to any additional people. Property Use:Guests and patrons are completely liable for any loss or damage to Cloakey’s building or grounds they, the minor they are supervising, or their animal have caused. Any use of these premises by a guest or patron for proposes outside of accommodation or general pub business, such as for a privately organised event or commercial purpose, requires prior written approval from Cloakey's. Accommodation Property Use:Cloakey's permits the use of this property for accommodation for short term stays only. The maximum stay is three nights in a given 7 day period. Guest must physically occupy the premises for accommodation. Personal property must not be left unattended for more than 24 hours. Modes of Accommodation:At the complete discretion of Cloakey's guests are able to sleep in tents, caravans, swags, recreational vehicles (RVs), and in some vehicles on Cloakey's premises. Patrons are permitted to be guests at Cloakey's at Cloakey's complete discretion. Currently, hotel rooms are not available to guests. According to Queensland law, Transport Operations (Road Use Management) Act 1995, a person can be charged with drink driving when their blood alcohol concentration (BAC) is over the Qld legal limit to operate that vehicle and they are 'in charge' of that vehicle, even if the vehicle is parked on private property, and even if the engine is off. As such, Cloakey's advises against patrons and guests over the Qld legal BAC limit sleeping in their vehicles, either on or off Cloakey's premises while in possession of the vehicle's keys. It is the responsibility of all driving patrons and guests to park their vehicles safely, in such a way as to not constitute a source of danger to other persons or other traffic, and to then leave their vehicle's keys in a safe location NOT in their possession, before their BAC is over the legal Qld limit. Cloakey's does not permit patrons or guests to sleep on the premises in a vehicle with keyless ignition. Cost of Accommodation:Staying at Cloakey's in tents, caravans, swags, recreational vehicles (RVs), and vehicles is free until further notice. Guest Amenities:We are currently renovating our building inside and for the time being only have the facility of a toilet for guests. Guest Check In and Out:Check in and check out times and process must be adhered to. Failure to do so may result in canceling of your booking, refusal of entry, order to leave premises, or impediment of your exiting premises. Our check in times are 12pm to dusk Friday through Sunday. Check in after dusk and on Monday through Thursday is by prior arrangement only. Prior arrangement can be made by phoning +61 418 503 798 between the hours of 9am and 8pm local standard time. In General:If Cloakey's becomes aware, either before or during your time at Cloakey's, of any breach or reasonably suspects a likely hood of breach of any of the following: 1) these terms and conditions; 2) any terms and conditions of Cloakey's licenses; or 3) any legislation; or 4) causing annoyance or nuisance to others; or 5) behave in an unacceptable manner (including but not limited to drunken or uncontrolled behaviour, offensive language, racists, bullying or violent behaviour, malicious or negligent use of facilities, theft or any other form of behaviour deemed inappropriate by Cloakey's), then Cloakey's reserves the right to take any reasonable actions required without notice, including canceling any bookings, refusing to refund, and asking you to vacate the premises.
As per our Qld liquor license, Cloakey's has the right to refuse entry to any persons. Terms and conditions may vary from time to time with the latest version being published here on our website: www.Cloakeys.com. In addition to this, to the extend allowable by law, any of the above terms and conditions may be varied from time to time for certain individuals by written agreement with Cloakey's.
Promotion Terms & Conditions
Participation in this Promotion constitutes acceptance of these Terms and Conditions here in. Cloakey’s may at its discretion and without notice to the Entrant amend these Terms and Conditions of the Promotion. Amended Terms and Conditions will be published on its website at Cloakeys.com.
Type of Promotion - Raffle
Promotion Name – Members Draw Australia Day Weekend 2025
Prize Pool – On both Saturday 25th and Sunday 26th January 2025, the following Prizes will be drawn: $50 Cloakey’s Gift Voucher, $50 Galipo’s Mid-Town Meats 3kg Meat Tray, and $132 Crystal Bay 4kg Prawn Box. Prizes or any unused portion, are not transferable, exchangeable or redeemable for cash. Cloakey’s accepts no responsibility for any variation in the value of the Prize. To the extent permitted by law, Cloakey’s makes no representations or warranties as to the quality, suitability, or merchantability of the Prize. It is a condition of accepting the Prize that the winner must comply with all the conditions of use of the Prize and the Prize supplier's requirements.
Promoter – The promotor is Cloakey’s and the Members Draw will be conducted by Cloakey’s, it’s agent, or nominee.
Promotion Period – The Promotion begins at the start of trade on the day of the draw and entries close at 8pm local time. The first draw may occur before the close of the Promotion. The last draw of the Promotion will occur after the close of Promotion.
Entry Requirements: Entry is open to all people registered in Cloakey’s member loyalty program, herein referred to as a Cloakey’s ‘Member’.
Entrant Risk - The entrant acknowledges that there may be inherent risks involved in entering this Promotion or taking or participating in the Prize(s). Depending on the Prize(s), a reasonable level of health and fitness may be required. Any entrant, Prize winner and/or participants in a Prize event may be required to sign an acknowledgement of risk and waiver of liability for participation in the Prize event and to expressly acknowledge that participation in a Prize may be inherently dangerous or hazardous, and that if they choose to participate they will do so at their own risk. In the advent of a requested waiver, Cloakey’s and Prize Supplier reserves the right to preclude participation of anyone refusing to sign the acknowledgement/waiver or any person who is suffering from asthma, epilepsy, significant back or neck problems, physical or mental disabilities, or is pregnant or in Cloakey’s’ sole discretion is not able to participate in any of the experiences for their own or anyone’s safety.
Entry Procedure - To enter, a Member must buy a main meal during the Promotion Period to receive a free ticket. Members will receive one ticket for this Promotion per main meal purchased during the Promotion Period. A person must be a Member before ordering a main meal to be eligible for this Promotion.
Entries must be submitted in accordance with the Entry Procedure and will not be accepted in any other form. Entries must be received by Cloakey’s and will be deemed to have been received at the time of receipt by Cloakey’s. No responsibility is accepted by Cloakey’s for late, lost, misdirected, ineligible or illegible/inaudible entries (including lost, stolen, forged, defaced or damaged proof of entry or things required by the Verification Requirements). Cloakey’s and/or its representatives may conduct security and/or verification checks (including enforcement of the Verification Requirements) in their absolute discretion to determine the bona fides of an entrant’s eligibility to enter the Promotion. Ineligible entries will be deemed to be invalid.
It is the entrant’s responsibility to notify Cloakey’s if their contact details change during the Promotion Period. The Promoter will not accept entries which are incomplete, illegible, or which are generated by computers or other automated means.
All entries and the content contained in those entries become the property of Cloakey’s. Once submitted, no changes to or withdrawal of an entry will be permitted. Entries will not be returned to an entrant.
Entry Restrictions - People under the age of 18 years are not eligible to win a Prize involving alcohol or tobacco. If an under 18 year old wins a Prize that is a gift voucher to Cloakey’s then it’s spend will exclude these restricted products. If an under 18 year old’s name is drawn for a Prize incorporating alcohol or tobacco, other than a Cloakey’s Gift Voucher, then the draw will be deemed a misdraw, the name will be discarded, and the Prize redrawn.
In support of the World Health Organisation Guidelines 2014 for the identification and management of substance use and substance use disorders in pregnancy, Cloakey’s reserves the right, at its complete discretion, to alter a Prize containing alcohol or tobacco when won by a person they know, or reasonably suspect, is pregnant during the Prize Claim Period. If a Prize is altered, it will be done so in a method that does not decrease its value as described in Prize Pool.
Cloakey’s reserves the right to refuse an entry for any reason at its sole discretion.
Directors, management, employees and contractors of Cloakey’s and those of any agencies, retailers and suppliers associated with this Promotion and the immediate family members of these people are ineligible to enter. “Immediate family member” means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether by natural or by adoption), grand child or step-grandchild, parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin.
Entry Disqualification - Cloakey’s reserves the right, in its sole discretion, to disqualify any or all entries from any entrant who tampers with, or benefits from tampering with, the Entry Procedure, entry process, or the Promotion. Entrants can enter the Promotion up to the Maximum Number of Promotion Entries. Entries must be submitted separately and each entry must individually meet the Entry Requirements and be subject to the Entry Restrictions. Automatically- or computer-generated entries will not be accepted.
Cloakey’s reserves the right in its sole discretion to disqualify any individual who it has reason to believe has breached any of these conditions, or engaged in any unlawful or other improper misconduct that may affect the fair and proper conduct of the promotion. Cloakey’s legal rights to recover damages or other compensation from any offender(s) are reserved. Failure by Cloakey’s to enforce any of its rights at any stage does not constitute a waiver of those rights.
Cloakey’s may, in its sole discretion, declare any or all entries made by an entrant invalid, and/or prohibit further participation by an entrant in this Promotion or a Prize event/activity if the entrant:
(a) is deemed by the Promoter to breach these Conditions of Entry;
(b) disrupts, annoys, abuses, threatens, harasses or attempts to do any of these things Cloakey’s, another entrant or potential entrant of, or anyone else associated with, this Promotion; or
(c) engages in conduct in relation to this Promotion which is misleading, deceptive, fraudulent or damaging to the Cloakey’s’ goodwill or reputation.
Maximum Number of Promotion Entries – There is no limit.
Maximum Number of Entries Per Individual - There is no limit to the number of entries per entrant, subject to the Maximum Number of Promotion Entries.
Draw Procedure – The draw will occur at Cloakey’s in front of a customer audience. All tickets butts will be placed in a container from which a winning ticket will be drawn. Cloakey’s reserves the right to alter the Draw Procedure, at its complete discretion, if there is an audience of less than 20 customers. Any claimed or unclaimed tickets which have been drawn are removed from the draw for any subsequent draws in the same Promotion. For clarity, a winner is can win multiple Prizes in the same Promotion. They just must do so via multiple valid tickets.
Winner Notification – The drawer of the ticket or the master of ceremony will announce to the audience the winning ticket number. / person’s name on the ticket.
Prize Claim Period – immediately upon winner announcement.
Prize Claim Procedure – The Member who’s name or ticket number is drawn and announced must make themselves known, in person, immediately to the caller of the draw to claim their Prize. If the drawn winner does not make themselves known, the draw will be deemed a misdraw and Cloakey’s reserves the right to redraw the Prize. The winner must prove they are the owner of called ticket number by producing the matching ticket number butt, or, in the case of a winner’s name being announced, provide if requested appropriate proof they are the person named.
Redraws – Cloakey’s reserves the right to redraw the Prize, at its discretion, if the winner does not claim the Prize. Cloakey’s also at its discretion will determine how many times a Prize will be redrawn before it is withdrawn from the Prize pool.
Jackpot - Cloakey’s reserves the right, and at its complete discretion, to jackpot the Prize if the winner does not claim the Prize.
Order of Draw – the Prizes will be drawn in ascending order of retail value.
Publication of Draw Results - Cloakey’s reserves the right to publish the first initial and last name of winners. It is at Cloakey’s discretion as to whether it publishing the results or not. If it does publish the results it maybe on it’s website, within its venue, on social media, on main stream media, and in any other promotional method.
Change of Promotion – Cloakey’s reserves the right, to the fullest extent permitted by law, and at its full discretion, to modify, suspend, terminate or cancel the Promotion as appropriate. This includes if the Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of Cloakey’s (for example but not limited to, infection by computer virus, mobile network failure, bugs, tampering, unauthorised intervention, fraud, adverse weather conditions, public health concerns, or technical failures. In the event that the Promotion is modified, the Promoter reserves the right to select winners from eligible entries received at the time.
Limited Liability – To the full extent permitted by law, Cloakey’s, its directors, officers, staff and agents, and Cloakey’s related companies and all those entities' personnel, exclude all liability for any loss (including any damage, claim, injury, cost or expense, including loss of opportunity) which is suffered or incurred by any individual in connection with the Promotion or Prizes, including but not limited to: (i) any technical difficulties or equipment malfunction (whether or not under Cloakey’s control); (ii) any theft, unauthorised access or third party interference; (iii) any entry or Prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by Cloakey’s) due to any reason beyond the reasonable control of Cloakey’s; (iv)any variation in Prize value to that stated in these terms and conditions; (v)any tax liability incurred by the winner or entrant; (vi) any Prize(s); or participation in or use of any Prize(s). (vii) any direct, indirect, economic or consequential loss; (viii) any loss arising from negligence; (ix) any liability for personal injury or death. Nothing in these conditions limit, exclude or modify 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 ASIC Act or similar consumer protection laws in the States and Territories of Australia.
Cloakey’s is not responsible for any problems or technical malfunction of any mail delivery, telephone network or lines, computer on-line or off-line systems systems, banking system, communication network, computer equipment, software, technical problems or traffic congestion on the Internet or at any web site, or any combination thereof, including any error, omission, alteration, tampering, deletion, theft destruction, transmission interruption, communications failure or otherwise, any injury or damage to entries or to entrants’ or any other person’s computer related to or resulting from participation in or downloading any materials in this Promotion, including these Terms and Conditions.
Cloakey’s and Prize Supplier will not be liable for any loss (including but not limited to indirect or consequential loss), damage or personal injury which is suffered or sustained (including without limitation to that caused by any person’s negligence, food or beverage contamination, presence of allergens, food safety issues) relating to this Promotion or the awarding or taking of the Prize(s) except for any liability which cannot be excluded by law (in which case liability is limited to the minimum amount allowable by law).
Privacy – By entering the Promotion, the entrants agree and acknowledge that they will be required to provide certain personal information about them, which may include but not limited to their full names, date of birth, addresses, contact numbers and email. Cloakey’s, or any of its related entities, may use any personal information entrants provide in connection with this Promotion for the purpose of the Promotion, and also in advertisements, publications, media statements and other promotional material either associated with the Promotion or not. Cloakey’s may disclose the information for those purposes to its related bodies corporate and contractors. If entrants do not provide the information requested, they will not be able to enter the Promotion.
By entering the Promotion, unless Cloakey’s otherwise advises, Entrants consent to Cloakey’s sending future marketing materials to Entrants including by electronic messages. Entrants may ask the Promoter to access that personal information and request that corrections be made to it. Cloakey’s is bound by the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). If entrants have any concerns or queries about the way their personal information is managed by Cloakey’s, they should contact Cloakey’s via info@cloakeys.com.
Entrants agree to participate in or for their personal image to be used in the media, including but not limited to future promotional, marketing and publicity without any further reference, payment or other compensation.
Jurisdiction - These Terms and Conditions are governed by the laws of Queensland, Australia.
The Promoter's decision in relation to any aspect of the competition is final and binding on every Entrant. No correspondence will be entered into. Failure by Cloakey’s to enforce any of its rights at any stage does not waive those rights. Any capitalised terms used in these Terms & Conditions have the meaning given in the Schedule, unless stated otherwise.
For information on how to play responsibly, call the Gambling Help-Line on 1800 858 858 within Australia, or your local community gambling help-line.