TERMS AND CONDITIONS FOR PERTH HUB SELLING AGENTS COMPETITION 2020
1.1 Information on how to enter and prizes forms part of these Terms and Conditions. Participation in the ‘Perth Hub Sale Competition’ (Promotion) is deemed acceptance of these Terms and Conditions.
1.2 All times stipulated in these Terms and Conditions are based on Western Australian local time (AWST). All currency stipulated in these Terms and Conditions is in Australian dollars.
1.3 If there is any inconsistency between these Terms and Conditions and anything else that refers to this Promotion, these Terms and Conditions will prevail.
2 PROMOTION PERIOD
2.1 The Promotion commences at 9am on 1 February 2020 and ends at 5pm on 30 April 2020 (Promotion Period).
3 PRIZE DETAILS
3.1 The first valid entry randomly selected from all valid entries received during the Promotion Period will win the prize of $40,000 (Prize).
3.2 The Promoter will only provide one cheque payable to one bank account and will not split payment of the Prize. The Prize cannot be transferred to another person or entity or exchanged for any alternative product or service.
3.3 The winner will be notified via phone and/or email. The winner is responsible for claiming the Prize by arranging collection of the cheque. If the winner does not claim the Prize within 48 hours of being notified, the Promoter reserves the right to either re-draw the Prize or end the Promotion deeming the winner to have forfeited the Prize in whole.
3.4 It is a condition of accepting the Prize that the winner may be required to sign a legal release in a form determined by the Promoter in its absolute discretion.
3.5 Any ancillary costs associated with redeeming the Prize are not included in the Prize. The entrant must pay its own costs of doing so.
4.1 Subject to paragraph 4.2, to be eligible to enter the Promotion, an entrant must satisfy the following criteria:
(a) have a current and binding non-exclusive sales agency agreement with Perth Hub One Pty Ltd (Selling Agreement);
(b) be the selling agent noted on the front cover of a contract for the sale of an apartment at Perth Hub, 600 Wellington Street, Perth, Western Australia 6000 (Sale Contract) which becomes unconditional during the Promotion Period. A Sale Contract will become unconditional once the following conditions have been satisfied:
(i) the Sale Contract is fully executed by the buyer and seller;
(ii) the 10% deposit has been receipted by the deposit holder under the Sale Contract in clear funds; and
(iii) the buyer has not breached the Sale Contract at any time.
4.2 If the selling agent noted on the front cover of a Sale Contract is the selling agent for and on behalf of another agent that is a party under a valid and binding referrer agreement (Referrer), the Referrer will be the entrant in lieu of the selling agent.
4.3 The Promoter reserves the right to disqualify an entrant in the event that the entrant breaches the Sale Contract or the agent breaches the Selling Agreement.
4.4 One Sale Contract equals one entry into the Promotion. If there is more than one agent listed as agent on the cover of the relevant Sale Contract, the agents will be deemed to be jointly entered into the Promotion as one entrant.
4.5 The Promoter reserves the right to require the winner to provide proof of identity and/or proof of valid entry in order to claim the Prize. If the winner cannot provide suitable proof, the winner will forfeit the Prize in whole and no substitute will be offered.
4.6 Multiple entries are permitted, that is, if a party is the selling agent noted on the front cover of more than one Sale Contract it may be permitted to have an equivalent number of entries. Each entry must satisfy the entry requirements in these Terms and Conditions.
4.7 Employees of the Promoter are ineligible to enter the Promotion. This does not exclude the Promoter’s agents and consultants from being eligible.
4.8 The Promoter reserves the right to re-draw the Prize if the entrant or a related entity or person of the entrant is also drawn as the winner of the prize under the Promoter’s related promotion to buyers of apartments within Perth Hub dated 1 February 2020.
5 HOW TO ENTER
5.1 To enter the Promotion, an eligible person must complete and submit the entry form. This entry form will become an entry to the Promotion once the conditions in paragraph 4.1 have been satisfied. If a Sale Contract remains conditional during the Promotion Period, the entrant will be ineligible to win the Prize. If an eligible person fails to complete and lodge the entry form during the Promotion Period, that person will be deemed to have opted out of entering the Promotion.
6 DRAW DETAILS
6.1 The draw will take place at the Perth Hub sale suite located at 600 Wellington Street, Perth, Western Australia 6000 by 10pm on Friday 1 May 2020 AWST.
6.2 A winner will be drawn randomly via a random ballot, at the discretion of the Promoter. The Promoter reserves the right to draw reserves in case of an invalid entry or an invalid entrant or if the entrant that wins the Prize is unable to satisfy the Terms and Conditions or doesn’t redeem the Prize.
6.3 The Promoters’ lawyers, Squire Patton Boggs (AU) will attend the draw to ensure completeness and fairness of the draw.
7 FURTHER TERMS AND CONDITIONS
7.1 There must be a total of ten or more entries into the Promotion for the Promotor to draw the Prize. If there are not ten or more entries by the end of the Promotion Period, the Promoter reserves the right to extend or cancel the Promotion Period.
7.2 The maximum number of entries in the Promotion are fifty. If the maximum number is reached during the Promotion Period, the Promoter reserves the right to close the Promotion early and reject any further entries.
7.3 If the Prize is unavailable due to reasons beyond the control of the Promoter, the Promoter, at its discretion, reserves the right to substitute the Prize with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
7.4 Entrants are responsible for any cost associated with accessing the promotional website. Access to that site is dependent on the internet service provider.
7.5 The Promoter reserves the right, at any time, to verify the validity of entries and entrants and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions.
7.6 Subject to complying with all relevant legislation, the Promoter reserves the right to amend, cancel or suspend this Promotion if an event beyond the control of the Promoter corrupts or affects the administration, security, fairness, integrity or proper conduct of the Promotion.
7.7 The Promoter reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Promotion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter reserves its legal rights to recover damages or other compensation from such an offender.
7.8 The Promoter’s decision is final and no further correspondence will be entered into.
8 PRIVACY, COPYRIGHT, STATUTORY GUARANTEES, WAIVER AND LIABILITY
8.1 In consideration for the Promoter awarding the Prize to the winner, the winner agrees to being filmed and/or photographed during the winner’s participation in the Promotion. Each entrant consents to the Promoter using the entrants image and/or voice in their advertising or marketing of the Promoter’s business or in any media whatsoever throughout the world for an unlimited period. The winner will not be entitled to any fee for such use. It is a condition of entry that the winner agrees to have their name and photo published for publicity purposes.
8.2 All entrants agree that if they win the Prize, they will not sell or otherwise provide their story and/or photographs to any media or other organisation, including the internet, without the prior written consent of the Promoter. Photographs will be allowed only at the discretion of the Promoter.
8.3 The Promoter and its associated entities and companies assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of entries, and reserves the right to take any action that may be available.
8.4 The Promoter does not exclude any rights and remedies in respect of goods or services under the Australian Consumer Law in the Competition and Consumer Act (2010) (Cth) which cannot be excluded, restricted or modified.
8.5 To the fullest extent permitted by law, the Promoter excludes all liability for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with the Promotion or the Prize.
8.1 To the fullest extent permitted by law, the Promoter is not responsible for and exclude all liability for any personal injury, or any loss or damage suffered (including but not limited to indirect or consequential), arising in any way out of:
(a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);
(b) any theft, unauthorised access or third party interference;
(c) any entry or correspondence that is late, lost, altered, damaged or misdirected (whether received by the Promoter or not) due to any reason beyond the reasonable control of the Promoter;
(d) any variation in the Prize value to that stated in these Terms and Conditions;
(e) the method of collection by, or delivery to, the winner of the Prize;
(f) any tax liability incurred by an entrant or winner; or
(g) use of the Prize.
8.2 The Promoter is not responsible for any incorrect or inaccurate information, either caused by the entrant or from any of the equipment or programming associated with or utilised in this Promotion, or for any technical error, or any combination thereof that may occur in the course of the administration of this Promotion.
8.3 The Promoter will collect an entrant’s contact details in order to conduct the Promotion. All entries become the property of the Promoter. Any disclosure of such information will be made as required by law and in accordance with these Terms and Conditions but no further use of this information will be made without prior consent.
8.4 The Promoter is Perth Hub One Pty Ltd ACN 605 085 596 of Exchange Tower, Level 8/2 The Esplanade, Perth, Western Australia 6000 and where the context permits, the Promoter includes the Promoter’s officers, employees, agents and related entities.
Date: 1 February 2020
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