Conditions of Entry

By entering Cloakey’s, or our related parties’, premises and properties, you are agreeing to all our terms and conditions listed here on in. Age Restriction: In area’s of Cloakey’s venue(s) that are licensed liquor areas, our restrictions on persons under the age of 18 years are in line with current Queensland liquor licensing legislation (Liquor Act 1992 (Qld)) and Cloakey's Commercial Hotel license, number 225889. In these areas, minors are only allowed in these areas 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. To avoid confusion, Cloakey’s venue at Long Pocket has a liquor license over the entire venue less the ordinary designated camping area to the east of the original pub building. Alcohol: BYO is not permitted at Cloakey's. Cloakey's expect patron’s and guest to commercially support the venue including by purchasing Cloakey’s alcohol. 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 and our venue location(s), 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 and wildlife. Smoking: In area’s of Cloakey’s venue(s) that are licensed liquor areas, as governed by law, we only permit smoking within Designated Outdoor Smoking Areas (DOSAs) and the entire remaining area of Cloakey's liquor licensed premises is no-smoking. For clarification, the no-smoking areas include the footpath in front of Cloakey’s Long Pocket venue main building, inside our buildings, our hotel rooms, our non-DOSA open grass spaces, and most of our verandas. In our outdoor designated camping areas, that are not included in our licensed liquor areas, Cloakey’s does not permit smoking at and within 10 metres of campsites and any shared guest and patron facilities such as picnic tables, toilet blocks, barbecues, and roofed shelters. For clarification, our ordinary designated camping area to the east of the original pub building at Cloakey’s venue at Long Pocket, is not included in our licensed liquor areas. 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 1.5m or within the person's vehicle. Cloakey's Long Pocket venue is situated in North Queensland which is subjected to tropical heat and other extreme weather at times. It is the animal owner’s responsibility to take this into consideration and their animal's welfare when determining if leaving their animal in a vehicle with its 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(s), within vehicles, within a guest’s tent, 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 its 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 their complete 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 and only providing they do not cause undue 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 other than from time to time fires in Cloakey’s designated firepits. Water: Unless otherwise signed, all tap water at Cloakey's is untreated and unfiltered bore water. As much as permitted by law, patrons and guest use this water completely at their own risk and Cloakey’s does not take any responsibility for any harm, loss, or damaged caused by its water supply. 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 undue 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 camping area, public bar area, or any other liquor licensed area as 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. Media Policy: Those entering our properties or venues are subject in full to our Media Policy which can be found at our website: www.Cloakeys.com. 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 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 for the prices as indicated on Cloakey’s website, or otherwise agreed in writing with Cloakey’s. Patron and Guest Facilities and Amenities: It is a patron’s and guest’s responsibility to check the facilities and amenities we provide will meet their requirements prior to booking. We are currently renovating and growing our venue, and weather and other variables also affect our amenities and facilities. As a result, our amenities and facilities come on and off line over time. Cloakey’s takes no responsibility for the availability of facilities and amenities during a patron’s visit or a guest’s stay. 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. On days we are open for accommodation, our face to face check in times are 12pm to close of pub trade Friday through Sunday. Monday through Thursday, check in times are 4pm to 8pm or by prior arrangement only. Any available online electronic check in will be as per the times enforced by the online provider. 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. For the latest version, please refer to 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: Members Draw

Participation in our Promotion Member Draw constitutes acceptance of these Terms and Conditions here in. Cloakey’s may at its discretion and without notice to the Entrant amend these Promotion Terms and Conditions. Amended Promotion Terms and Conditions will be published on Cloakey’s website at Cloakeys.com.

Type of Promotion - Raffle

Promotion Name – Members Draw

Prize Pool – Prize pool may vary between draws and is as advertised within the venue. 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, or as advertised if different, and Entries close at 8pm local time, or as advertised if different. 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 – The Entrant must following the Entry procedure as advertised by Cloakey’s for that particular draw of the Promotion. A person must be a Member before being legible to enter. Unless otherwise stated in writing by Cloakey’s, a Member is restricted to one ticket per Promotion draw.

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 nature or by adoption), and any real person who is defined as a dependant by the Australian Taxation Office. Unless a dependant as define by the Australian Taxation Office, immediate family does not include: grandchild 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 – Unless otherwise stated in writing by Cloakey’s, there is no limit.

Maximum Number of Entries Per Individual - Unless otherwise stated in writing by Cloakey’s, there is no limit to the number of Entries per Entrant, subject to the Maximum Number of Promotion Entries.

Draw Procedure – Unless otherwise stated in writing by Cloakey’s, 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 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 Promotion Results - Cloakey’s reserves the right to publicly identify the winners of the Promotion. It is at Cloakey’s discretion as to whether it publishes the results or not. If it does publish the results, it may be published on Cloakey’s website, within Cloakey’s venue(s), 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, 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.

Promotion Terms & Conditions: Open Mic 2025

Participation in our Promotion Open Mic 2025 constitutes acceptance of these Terms and Conditions here in. Cloakey’s may at its discretion and without notice amend these Promotion Terms and Conditions. Amended Promotion Terms and Conditions will be published on Cloakey’s website at Cloakeys.com.

Type of Promotion – Performing Arts

Promotion Name – Open Mic 2025

Prize Pool – The Prizes for the winning performances are:

Promotion Round 1: Promotion Heat Prizes – Cloakey’s Choice winning performance will receive a $100 Cloakey’s Gift Voucher and a $150 cash Prize. Public Choice winning performance will receive a $50 Cloakey’s Gift Voucher and a $100 cash Prize.

Prize pool may vary between draws and is as advertised within the venue. 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.

A winning performance may contain more than one person. In such cases, the Prize is awarded jointly to the performers, and it is at Cloakey’s complete discretion as to how and if it divides the Prize between these winners.

Promoter – The promotor is Cloakey’s and the Promotion will be conducted by Cloakey’s, it’s agent, or nominee.

Promotion Period – The Promotion begins March 17th 2025 and is divided into separate rounds, referred to as Promotion Round(s). Each Promotion Round will consist of separate Promotion Heats.
Promotion Round 1: entries open March 17th 2025 and close May 13th 2025 at 8pm local time. Promotion Heats for Promotion Round 1 will be weekly beginning Sunday 6h April 2025 and finish Sunday May 25th 2025. Subsequent Promotion Rounds and their Promotion Heat details are yet to be determined.

Cloakey’s reserves the right, at its complete discretion, to alter any of the dates, frequency, or duration of any Promotion Rounds or Promotion Heats, without notice, compensation, or explanation. Cloakey’s reserves the right to alter the final Promotional Heat of a Promotion Round into a Grand Finale.

Entry Requirements - Entry is open to all people over 10 years of age, herein referred to as ‘Entrant’. Animals are not allowed to enter and are not allowed to partake in any performances. All Entrants under 18 years of age at time of performance must be accompanied by a parent or guardian while on Cloakey’s premises.

Costs – There is no fee or cost charged by Cloakey’s for people to enter the Promotion or to perform as part of the Promotion. Cloakey’s and its related entities bare no liability for any costs a person incurs directly or indirectly in relation to the Promotion. An Entrant partakes in the Promotion freely and gratuitously. Cloakey’s and its related entities are under no obligation to reimburse, pay or provide goods or services to an Entrant for the Entrant’s services in relation to the Promotion.

Entrant Risk - The Entrant acknowledges that there may be inherent risks and costs 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 – The Entrant must complete a valid Entry Form at be found at our website: www.Cloakeys.com. Cloakey’s reserves the right to complete the Entry Procedure on a person’s behalf. Cloakey’s also reserves the right to waive the requirement of any Entry video. An Entry in the Promotion does not guarantee an invitation to perform (Performance Invitation) as part of the Promotion.

Entries must be submitted in accordance with the Entry Procedure and will not be accepted in any other form. An Entrant must disclose any conflict of interest at the time of completing the Entry Procedure and, at any time they are still partaking in the Promotion, when there has been a change in their declared conflict of interest statement in their Entry. 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.

In support of the World Health Organisation Guidelines 2014 for the identification and management of substance use and substance use disorders in pregnancy, for Entrants the Promotor knows, or reasonably suspect, is pregnant during the Prize Claim Period and for Entrants under 18 years of age during the Prize Claim Period, Cloakey’s reserves the right, at its complete discretion, to alter a Prize containing alcohol or tobacco, regardless of value.

Cloakey’s reserves the right to refuse an Entry for any reason at its sole discretion.

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, this includes performance fraud. 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.

Maximum Number of Promotion Entries – There is no limit.

Maximum Number of Entries Per Individual - There is a limit of one Entry per Entrant per Promotion Round as a solo performer or as a distinct group of performers, subject to the Maximum Number of Promotion Entries. To clarify as way of an example, a person in one Promotion Round may have one Entry as a solo performer, one Entry as a duo performer, and another Entry as a duo performer providing the second duo has a different group of performers than the first.

Performance Invitation - An invitation to perform for Cloakey’s or it’s related entities as part of this Promotion will be given by Cloakey’s at its complete discretion. Cloakey’s may extend more than one Performance Invitation to an Entrant for the same Promotion Round. Cloakey’s may also extend a Performance Invitation to a person who is not an Entrant. Cloakey’s accepts no responsibility for late, lost, or misdirected Performance Invitations. Cloakey’s reserves the right, in its sole discretion, to withdraw any Performance Invitation at any time.

Winner Selection Procedure – A performance group (either solo or multi-personed) can win only one Promotional Heat per Promotion Round. There are two methods by which a winner may be selected. Method 1 - Cloakey’s Choice. Method 2 – Public Choice. Only an Entrant can be selected as a winner.

Cloakey’s Choice - Cloakey’s at its complete discretion, will determine the winner(s) of each Promotion Heat and each Promotion Round. Cloakey’s is under no obligation to explain its winner’s choices and Cloakey’s decision is final.

Public Choice – Members of the public may be given the opportunity to select a winner of a Promotion Heat by way of voting. Public may vote via FaceBook and Instagram by ‘Liking’, ‘Loving’, or ‘Caring’ a voting post related to an Entrant for a particular Promotion Heat. The number of votes will be determined by counting the cardinal number of ‘Liking’ or ‘Loving’ or ‘Caring’ votes across both platforms at the close of voting. The FaceBook and Instagram voting post will contain the voting close date and time. In the event of a voting tie, Cloakey’s reserves the right to determine a winner(s) in anyway it chooses.

Winner Notification – Winners will either be notified in person, via the telephone, or via text message.

Prize Claim Period – Winners have 6 days to claim their prize, unless other arrangements are agreed to in writing. Prizes are forfeited if unclaimed within the Prize Claim Period.

Prize Claim Procedure – A winner must contact Cloakey’s and arrange collection of their Prize.

Jackpot - Cloakey’s reserves the right, and at its complete discretion, to jackpot the Prize if the winner does not claim the Prize.

Publication of Promotion Results - Cloakey’s reserves the right to publicly identify the winners of Promotion Heats and Promotion Rounds. It is at Cloakey’s discretion as to whether it publishes the results or not. If it does publish the results, it may be published on Cloakey’s website, within Cloakey’s venue(s), 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, power outage, 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, Performance Invitation, 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 staging, music performance or recording equipment, mail delivery, telephone network or lines, computer on-line or off-line systems, banking system, communication network, social media 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, fraud, 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.

Media – Those entering Cloakey’s properties or venues are subject in full to our Conditions of Entry, including our Media Policy which can be found at our website: www.Cloakeys.com. All Entrants who are photographed, videoed, or otherwise recorded, as part of the Promotion outside of Cloakey’s properties or venues, will be asked for their media consent to do so.

Privacy – By entering the Promotion, the Entrants agree and acknowledge that they will be required to provide certain personal information about themselves, which may include but not limited to their full names, date of birth, addresses, contact numbers and email. Entrants agree and acknowledge they may be required to supplies videos of themselves. Cloakey’s, or any of its related entities, may use any personal information or videos 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.

Jurisdiction - These Terms and Conditions are governed by the laws of Queensland, Australia.

Media Policy

Visitors, guests, team members, entertainers either paid or not, and any other person on our sites or in our venues, herein referred to as the Media Subject, are subject to this Media Policy and being on our venue or at our sites constitutes acceptance of this policy here in. Cloakey’s may at its discretion and without notice amend this Media Policy. Amended Media Policy will be published on Cloakey’s website at Cloakeys.com.

Media Recording – Is defined within this policy as the audio or visual recording either in the form of photograph, video, audio file, or any other form of recording used within the Film, Television, Music, and Advertising industries.

Public Use – A Media Subject, or their belongs or animals, may Media Recorded while on Cloakey’s properties, or those of its related entities, including in the public spaces adjacent to them such as the footpath or road. At Cloakey’s complete discretion, and as far as permissible by law, Cloakey’s or it’s related entities may use this Media Recording(s), in part or full, in all media mediums such as, but not limited to:

· Social platforms such as Facebook, Twitter, Instagram, Tiktok, etc;

· Public websites that are not password protected. Published material may include public newsletters and blogs, advertisements, posts, demonstrations, webinars, performances, and events;

· Public publications and promotional material. Published material may include documentaries, books, merchandise, trade journals, other journals, TV, and radio.

· Public media events that may include: festivals, automotive rallies, markets, weddings, award ceremonies, and community events.

Ownership and Stewardship of Media Recording – The Media Subject authorises Cloakey’s and its related entities, to take, create, store, copy, destroy, alter, and use any Media Recordings of the Media Subject, its belongings or animals, and any other reproductions or adaptations of their likeness or their work or their name either in full or part, in any Cloakey’s authorised or associated publication, production, and presentation, such as newspapers, magazines, public websites, social media sites and apps, backups, databases, portals, webpages, emails, signs, posters, regardless of whether these mediums are password protected or stored on company premises in an area of restricted public access. The Media Subject acknowledges they have no rights in the Media Recordings nor in Cloakey’s, or related entities’, or any associated publications, productions, and presentations which includes the Media Recording or benefits from it. The Media Subject hereby waives any right to inspect or approve any Media Recording before or electronic matter that may be used in conjunction with them now or in the future, whether that use is known to them or unknown. The Media Subject also waives any right to renumeration, residuals, royalties or any other payment in respect to or arising from or related to the use of the Media Recording. The Media Subject agrees that Cloakey’s and it’s related entities shall not be bound to make any use of the Media Recording.

Jurisdiction – This policy is governed by the laws of Queensland, Australia.