WIN A NINJA LUXE CAFÉ AT NINJA LAB X LUXE CAFÉ POP UP MELBOURNE 2026

TERMS AND CONDITIONS – GAME OF CHANCE

Promotion: WIN A NINJA LUXE CAFÉ AT NINJA LAB X LUXE CAFÉ POP UP MELBOURNE 2026

Website: https://ninjakitchen.com.au

Promoter: SharkNinja Pty Ltd ABN 87 147 260 197 of Suite 23.03, Level 23, 45 Clarence St, Sydney NSW 2000. Phone number: 02 8801 7666. Email: customerservice@ninjakitchen.com.au

1.                    INTRODUCTION

1.1                 Information on how to enter and prizes, including the attached Schedule 1, form part of these Terms and Conditions (Terms).

1.2                 By participating in the Promotion, entrants acknowledge that they have read and understood these Terms and agree to be bound by them. 

1.3                 Entries must comply with these Terms to be valid.

1.4                 Where there is inconsistency between Schedule 1 and clauses Error! Reference source not found. to 18 of these Terms, the Schedule will prevail.

1.5                 Capitalised terms used but not otherwise defined in these Terms and Conditions refer to the corresponding item headings in Schedule 1.

2.                    PROMOTION PERIOD

2.1                 The Promotion Period will commence and conclude on the dates specified in item 2 of Schedule 1.

3.                    ELIGIBILITY

3.1                 Entrants must meet the eligibility requirements set out in items 3 and 4 of Schedule 1, which include:

(a)                  the Eligibility Criteria; and

(b)                  the Permitted Number of Entries for each entrant during the Promotion Period.

4.                    HOW TO ENTER

4.1                 An entrant must, during the Promotion Period, comply with the requirements for How to Enter as set out in item 5 of Schedule 1.

4.2                 All entries are deemed to be received at the time of receipt in the promotional database

4.3                 Each entrant is responsible for any expenses that they incur in relation to participating in the promotion during the Promotion Period. An entrant will not be reimbursed for any costs incurred in the event of winning the promotion other than as expressly set out in these Terms.

5.                    PRIZES

5.1                 Each winner will receive the Prize as set out in item 6 of Schedule 1.

5.2                 The Total Number of Prizes and Total Prize Pool value is set out in item 8 and item 9 of Schedule 1.

5.3                 Each Prize is valued inclusive of GST and the Promoter takes no responsibility for any variation in the value of the Prizes. The components of a Prize may alter for reasons beyond the Promoter’s control.

5.4                 All taxes (excluding GST, if any) which may be payable as a consequence of awarding or receiving a Prize are the sole responsibility of each Prize winner.

6.                    PRIZE CONDITIONS

6.1                 Each winner accepts the Prize in accordance with this clause 7 and the Prize Conditions set out in item 7 of Schedule 1.

6.2                 Each Prize must be taken as stated and no compensation will be payable if a winner is unable to use the Prize, or any element of it, as stated.  The Promoter reserves the right to substitute the Prizes in whole or in part for something of equal or greater value if any component of the Prize is unavailable (subject to any applicable legislation).  

6.3                 Prizes are not transferable, deferrable, exchangeable or redeemable for cash, product or other goods and services. Unused portions of prizes will also be forfeited.

6.4                 If, due to any reason whatsoever, the Promoter becomes aware after an entrant has won a Prize that the entrant has not complied with the entry requirements, that entrant will have no entitlement to the Prize, even if the Promoter has announced them as a winner and that entrant will be required, at the direction of the Promoter, to return, refund or otherwise make restitution of the received Prize.

7.                    THE DRAWS

7.1                 The Prize draw will take place on the Draw Dates at the Draw Location as specified in item 10 and 11 of Schedule 1.

7.2                 The winners will be determined by the Draw Method as specified in item 12 of Schedule 1.

8.                    NOTIFICATION OF PRIZE

8.1                 The winners will be notified by the method set out in item 13 of Schedule 1.

8.2                 If an entrant’s contact details change, it is the entrant’s responsibility to notify the Promoter in writing.

8.3                 The name of [the/each] winner of a Prize will be published in accordance with item 14 of Schedule 1.

9.                    UNCLAIMED PRIZE(S) ALLOCATION

9.1                 Each winner must claim their prize within 14 days from the date of notification under clause 8.1.

9.2                 If for any reason a winner cannot be contacted, or does not claim a prize by the time stipulated by the Promoter, or is disqualified from eligibility as the winner of the prize pursuant to these Terms, then the prize will be forfeited and the process set out in clause 10 will be followed. 

9.3                 The Promoter will use all reasonable efforts to contact an entrant selected as a winner, but accepts no responsibility if an entrant cannot be contacted.

10.                 REDRAWS

10.1               If the winner does not claim the Prize, or chooses not to accept the prize, or it is forfeited, the Promoter may in its discretion elect to redraw.

10.2               If necessary in order to distribute any prize which is not claimed, a second chance draw will be conducted in accordance with the Redraw set out in item 15 of Schedule 1.

10.3               Winning entries from the original draw will not be eligible to win unclaimed prizes. The winners will be notified in accordance with the method specified in item 13 of Schedule 1 within 7 days of the Redraw.

11.                 PRIZE DELIVERY

11.1               Prizes will only be delivered to addresses in Australia (excluding the following postcodes 6707, 0880, 4875, 6575, 4488, 6537, 6716, 6312, 4821, 6317, 6536, 4874, 6516, 4852, 4895, 4741, 0885, 0822, 4730, 6415, 4871, 6333, 6236, 4873, 4725) and will be sent by post to the address stated on the entry form (unless the entrant has provide written notification to the Promoter of a change to their contact details and a confirmation is provided by the Promoter). Winners should allow 28 days from the date of claim for delivery of their Prize. Once prizes have left the Promoter's premises, the Promoter takes no responsibility for prizes damaged, delayed or lost in transit.  

12.                 PRIVACY

12.1               Privacy Statement. The Promoter is bound by the Privacy Act 1988 (Cth) (Privacy Act). The Promoter collects entrants' personal information and may disclose such information to third parties (including but not limited to its agents, contractors, service providers, prize suppliers, related bodies corporate and social media platforms), in order to conduct, administer and publicise the promotion. Some of the Promoter's agents, contractors, service providers, prize suppliers and related bodies corporate may be located outside of Australia, and as a result the entrant's personal information may be disclosed overseas. If an entrant does not provide the information requested, they may not be able to enter the promotion. The Promoter manages personal information in accordance with the Privacy Act and the Promoter's Privacy Policy (available at Privacy policy – Ninja Kitchen Australia). The Promoter's Privacy Policy contains information about how entrants can access or seek correction of personal information that the Promoter holds about them.  It also contains information about how entrants can make a privacy complaint and how the Promoter will deal with it.

12.2               Entrants' personal information may also be disclosed to State and Territory lottery departments and winners' names will be published in accordance with these Terms and as required under relevant lottery legislation.

13.                 LIMITATION OF LIABILITY

13.1               Nothing in these Terms limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in Australia (“Non-Excludable Guarantees”).

13.2               Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for:

(a)                  any death, personal injury, or any loss or damage (including loss of opportunity), whether direct, indirect, special or consequential, arising in any way out of the Promotion, the awarding or provision of any prizes, the use of any prizes or the marketing of the Promotion;

(b)                  any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);

(c)                  any theft, unauthorised access or third party interference;

(d)                  any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter;

(e)                  any variation in prize value to that stated in these Terms;

(f)                   any tax liability incurred by a winner or entrant;

(g)                  taking/use of a prize; or

(h)                  participation in the Promotion.

13.3               The Promoter is not responsible for any problems or technical malfunction of any communication network or for any late, lost, corrupted or misdirected entries or other communications whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. All entries are deemed to be received at the time of receipt in the promotional database.  Entrants acknowledge that the Internet is not a secure medium and that the Promoter is not responsible for the security of on-line entries.

13.4               A winner’s use of their Prize is entirely at their own cost and risk. Before any Prize is awarded, a winner may be required to sign an agreement to release the Promoter from, and indemnifying the Promoter against, any liability arising from the winner’s acceptance and use of the Prize and the winner’s participation in the Promotion, except to the extent any such liability is caused by a wrongful act or omission of the Promoter or any of its officers or personnel and without excluding, restricting or modifying any statutory right or remedy that cannot lawfully be excluded, restricted or modified. In the event a winner [optional: or the Major Prize winner’s] companion/s are under the age of 18, a nominated parent/legal guardian of such person will be required to sign the legal documentation required under this clause on their behalf.

14.                 PARENTS/ GUARDIANS

14.1               Entrants under 18 years of age must have permission from a Parent or Guardian who is over 18 years of age.

14.2               The Parent or Guardian of the entrant who agrees to these Terms:

(a)                  provides consent to the entrant’s participation in the promotion;

(b)                  warrants that the entrant has complied with and will comply with these Terms; and 

(c)                  will be jointly and severally liable with the entrant for, and indemnify the Promoter against any loss arising out of, relating to or in connection with, any breach of these Terms by the parent or guardian or the entrant. 

15.                 CANCELLATION OF PROMOTION

15.1               If for any reason the Promotion is not capable of running as planned, including due to a computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter which corrupt or affect the administration, security, fairness, integrity, safety or proper conduct of the promotion, the Promoter reserves the right in its sole discretion to cancel, terminate, modify or suspend the promotion, subject to any written directions from any relevant regulatory authority and applicable [insert State or Territory] regulations.

16.                 INTENTIONALLY DELETED

17.                 INTENTIONALLY DELETED

18.                 GENERAL

18.1               Each entrant must comply with these Terms.  Each entrant indemnifies and will keep indemnified the Promoter in relation to all loss and damage whatsoever which is suffered (including but not limited to indirect or consequential loss) by the Promoter as a direct or indirect result of the entrant acting inconsistently with or breaching any part of these Terms.

18.2               The Promoter reserves the right to disqualify any entries in its absolute discretion. For example, the Promoter may disqualify:

(a)                  any entrants or entries that tamper with, or attempt to tamper with the entry process;

(b)                  incomplete, indecipherable or illegible entries or entries containing false information or incorrect contact details;

(c)                  any entries containing material that is obscene, indecent, objectionable, defamatory, libellous or otherwise contravenes any applicable law or infringes any third party’s rights; and

(d)                  any entries that the Promoter considers inappropriate for any reason.

18.3               The Promoter reserves the right, at any time, to verify the validity of entries and the details provided by entrants and to disqualify any entrant who submits an entry that is not in accordance with these Terms. Errors and omissions may be accepted at the Promoter’s discretion. 

18.4               Failure by the Promoter to enforce any of its rights at any stage under these Terms and any applicable law does not constitute a waiver of those rights.

18.5               The Promoter’s decision on all aspects relating to the Promotion is final and no correspondence will be entered into.

18.6               If at any time a provision of these Terms is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that will not affect or impair:

(a)                  the legality, validity or enforceability in that jurisdiction of any other provision of these Terms; or

(b)                  the legality, validity or enforceability under the law of any other jurisdiction of that or any other provision of these Terms.

18.7               This promotion is governed by and must be construed according to the law applying in New South Wales and entrants submit to the jurisdiction of the courts of New South Wales. 

18.8               The Promotion is authorised as required by law. The relevant permits and/or licences issued in relation to this promotion are set out in item 16 of Schedule 1.

Schedule 1