KICK Bounties Terms & Conditions

1. Introduction

These terms and conditions (Terms), in conjunction with Kick’s Terms of Service (available here) (ToS) govern participation in Kick’s ‘Kick Bounties’ competitions (each a Competition), which may be run solely by Kick or in collaboration with a third-party (Partner). In these Terms, “you”, “your” and “Participant” means you, and “Kick” refers to Kick Streaming Pty Ltd (ACN 663 807 645) or its related entities.

By participating, you agree to abide by, and are bound by, these Terms. Kick reserves the right to amend or modify these Terms at any time, subject to applicable law. These Terms prevail in the event of any conflict or inconsistency with any other communications, including advertising or promotional materials. Entry instructions are deemed to form part of these Terms.

2. Competition Structure

(a) Each Competition will be announced via a post on https://bounties.kick.com/ and/or Kick's social media account of choice, at its sole discretion (Kick Bounties Post). The Kick Bounties Post will also specify if the Competition is co-run with a Partner. Kick Bounties Posts will be posted at the time, and in the frequency, determined by Kick, in its sole discretion or, if applicable, in consultation with the Partner.
(b) Each Kick Bounties Post will specify the objective of the Competition, the type of Competition (as set out below), the reward for the winner(s) of the Competition and any additional eligibility criteria, which for co-run Competitions will be determined in collaboration with the Partner.
(c) Unless otherwise specified in the Kick Bounties Post, each Competition will commence upon the publication of the Kick Bounties Post.

3. Eligibility

(a) To participate in the Competition, you must:
- (i) subject to clause 3(b) below, have an account on https://kick.com/;
- (ii) follow the entry instructions on the Kick Bounties Post, this may include, for example, submitting a clip containing your entry as a reply to the Kick Bounties Post or submitting your entry through a form linked on the Kick Bounties Post;
- (iii) if applicable, ensure your entry is a public, accessible, video on demand (VOD);
- (iv) comply with any additional eligibility criteria specified in the Kick Bounties Post; and
- (v) comply with the ToS and Community Guidelines (available here).
(b) Employees, management, and immediate families of Kick or any of its related entities, or of any collaborating Partner, are ineligible to enter any Competitions.
(c) If you are suspended, banned, or have an account which is subject to any penalties under Kick’s ToS or Community Guidelines, you may not be eligible to participate in a Competition and may have your progress or participation in the Competition withdrawn.
(d) Entries must be earned within the timeframe specified in the Kick Bounties Post.
(e) Entries may be limited or capped by Kick at its absolute discretion. For example, participants may be limited to a maximum of 7 entries during a particular Competition.

Entries will open at the time of the publication of the Kick Bounties Post, and close at the time specified in the Kick Bounties Post or when the first valid entry to successfully complete the objective of the Competition is received, as applicable. Entries must be submitted within the timeframe specified in the Kick Bounties Post. Entries outside this timeframe will not be considered.

4. Competition Types

(a) Standard: The first valid entry to successfully complete the objective of the Competition will win the reward;
(b) Chance: All valid entries that enter by the specified close date and time of the Competition will enter into a draw, in which a specified amount of winners will be selected at random to claim a reward;
(c) Split: All valid entries that enter by the specified close date and time of the Competition will share the reward equally;
(d) Speedrun: The entry showing the fastest time (submitted by the specified close date and time of the Competition) will win the reward;
(e) High Score: The entry showing the highest score or best outcome (as described in the Kick Bounties Post) (submitted by the specified close date and time of the Competition) will win the reward.

5. Rewards

(a) All rewards are personal, non-negotiable, non-fungible, non-transferable and, unless stated otherwise in the Kick Bounties Post, cannot be exchanged for cash. For Competitions co-run with a Partner, the reward may be provided by the Partner, and Kick shall have no liability for any errors or issues with the provision or redemption of such rewards.
(b) If a winner cannot be contacted within 3 business days, or fails to provide further information that Kick may require in order for the winner to redeem their reward within a timeframe specified by Kick, Kick reserves the right to re-draw or select a new winner (and so on until a winner can be contacted who will take up the reward).
(c) Kick reserves the right, at its absolute discretion, to substitute any reward with another reward of equal or similar nature or value, or with a number of KICKs as determined by Kick, including in the event a reward becomes unavailable or is unable to be delivered to the winner.
(d) Any taxes, duties, ancillary costs, internet data charges, or other expenses associated with claiming, receiving, or using a reward are the sole responsibility of the winner.
(e) Kick accepts no responsibility for any rewards or communications regarding rewards that are lost, delayed, misdirected, damaged in transit, or undelivered due to (i) technical errors (including but not limited to emails being routed to a spam or junk folder); (ii) import restrictions or other restrictions which prevent delivery to a certain jurisdiction; or (iii) any other circumstances beyond Kick's control (including failures caused by third party fulfilment providers or carriers). In the event that a reward cannot be or is not delivered to a winner, Kick may substitute their reward in accordance with clause 5(c).

6. Publicity and Consent

(a) By using Kick.com, participants consent to the use of their names, usernames, likeness and content in promotional materials by Kick as set out in the ToS and, for co-run Competitions, by the collaborating Partner.
(b) Kick and, for co-run Competitions, the collaborating Partner, may use the participants’ name, username, likeness, and content for marketing, advertising, and promotional purposes without further compensation, unless prohibited by law.

7. Participant Obligations

Participants of a Competition agree to:

(a) act in good faith at all times in relation to their participation in the Competition and refrain from any behaviour that is misleading, fraudulent, unethical or otherwise intended to deceive Kick or any third party;
(b) be respectful and kind to other creators and communities participating in the Competition;
(c) not engage in any activity or place themselves or any other person in a situation that creates a risk of harm, injury or distress, or otherwise engage in unsafe conduct or endanger themselves or any other person, while participating in and/or completing a challenge in a Competition; and
(d) comply with any applicable laws relating to privacy, streaming, recording or filming in their jurisdiction.

8. Disqualification

(a) Kick reserves the right, in its absolute discretion, to disqualify any participant who:
- (i) is found to be violating these Terms or any instructions forming part of the entry requirements, engaging in fraudulent activities or unethical activities or manipulation of a Competition, or violating the ToS or Community Guidelines;
- (ii) partakes in ‘foul play’ or unsportsmanlike behaviour, attempts to cheat or circumvent the rules (including but not limited to, the rules contained within these Terms or any instructions forming part of entry requirements in connection with a Competition), including by using modifications, glitches or exploits (unless expressly permitted by the Kick Bounties Post);
- (iii) submits an entry that represents another person’s gameplay (where the Competition includes gameplay);
- (iv) who engages in any conduct, makes any statements, or otherwise represents Kick in any way, which in Kick’s absolute discretion, Kick determines might damage Kick’s reputation or image or interfere with the business interests of Kick or its related entities; or
- (v) for any reason that Kick deems necessary to maintain the integrity and fairness of a Competition.
(b) Kick reserves the right to disqualify any participant whose method of completion or participation in a challenge of a Competition, in Kick’s reasonable opinion, breaches any of the requirements in clause 7.
(c) Kick may, at its discretion, remove any content deemed inappropriate or offensive from the Competition.
(d) Kick reserves the right to verify all entries and to refuse to award a reward or withdraw a reward entitlement and/or refuse further participation and disqualify the participant where there are reasonable grounds to believe there has been a breach of these Terms or any instructions forming part of entry requirements.
(e) Kick will be the final arbiter in any decisions and these will be binding and no correspondence will be entered into.

9. No Exclusion or Limitation in Certain Circumstances

Nothing in these Terms operates to exclude, restrict or modify any consumer guarantees, any implied conditions, warranties or provisions, any rights or remedies conferred, or the imposition of any liability under any applicable consumer laws, that cannot be excluded, restricted or modified.

10. Liability

(a) To the maximum extent permitted by law, Kick shall not be liable for any loss, damage, injury, or claim arising out of or in connection with the Competition, including but not limited to the awarding or delivery of rewards and/or liability to a participant or any third party arising from a participant’s conduct (including their location choices or physical activities undertaken) in the course of completing a challenge for a Competition, except for liability that cannot be excluded by law. For co-run Competitions, Kick is not responsible for the actions or omissions of the collaborating Partner, including with respect to the provision or delivery of any rewards by the Partner.
(b) Kick is not responsible for any technical issues that may prevent or interfere with participation in a Competition, or receipt of a reward.
(c) Kick is not responsible for or affiliated with any game that is the subject of a Competition (unless otherwise specified in the Kick Bounties Post).
(d) Subject to clause 9, all rewards are provided on an 'as is' basis without any express or implied guarantee or warranty from Kick, whether statutory or otherwise. To the maximum extent permitted by law, Kick specifically disclaims any and all liability arising from the winner's receipt, use, misuse, or inability to use any reward.

11. Warranty

You represent and warrant that any information you provide or have provided Kick in respect of a Competition or as part of your account on the Platform is true, accurate, complete and not misleading.

12. Indemnity

Participants indemnify and hold harmless Kick from any and all claims, losses, liabilities, damages, fines, penalties, costs, and expenses (including reasonable attorneys’ fees) that arise from or relate to any breach of the warranty in clause 11 or in relation to your participation in a Competition.

13. Privacy

You acknowledge and agree that your personal information, including but not limited to usernames, email addresses, physical addresses and other relevant information, may be collected, managed and processed in accordance with Kick’s Privacy Policy (available here) and, for co-run Competitions, may be shared with the collaborating Partner for the purposes of the Competition. This may include the collection and use of personal information to administer a Competition, contact winners, and provide rewards.

14. Modifications, Termination and Suspension

(a) Kick reserves the right, at its absolute discretion, to modify, cancel, terminate or suspend any Competition at any time without notice, including but not limited to technical issues, fraud, if any circumstances affects the fairness or integrity of the Competition, or other unforeseen events.
(b) If a Competition is modified, canceled, terminated or suspended, Kick will use best efforts to provide notice to the participants as soon as reasonably possible.
(c) Kick will not be liable for any costs or losses resulting from modifications, cancellation, termination or suspension of a Competition.
(d) In the event of termination or suspension, Kick may, at its discretion, determine the winner based on the entries received up to the point of termination.
(e) Kick may modify these Terms at any time. Changes that materially affect participants’ rights or obligations will be communicated to participants.

15. General Terms

(a) Dispute Resolution, Governing Law and Jurisdiction: These Terms, and any dispute arising out of or relating to these Terms or a Competition, shall be governed by, construed in accordance with, and resolved in accordance with the ToS.
(b) No Agency: Your participation in a Competition does not imply or constitute any form of agency, partnership, joint venture, employee-employer, principal-representative, or franchisor-franchisee relationship between you and Kick.
(c) Force Majeure: Kick shall not be held liable for any delay or failure to perform its obligations under these Terms due to events beyond its reasonable control, including but not limited to natural disasters, government restrictions, or technical failures.
(d) Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
(e) Entire Agreement: These Terms, together with any other policies, terms or materials referenced herein, constitute the entire agreement between the Participant and Kick concerning a Competition, superseding any prior agreements or understandings.