Terms and Conditions
TERMS AND CONDITIONS FOR SOCIAL MEDIA GIVEAWAY FACEBOOK, INSTAGRAM & TIKTOK
1. Information on how to enter and prizes form part of these Terms and Conditions. Participation in this Promotion is deemed acceptance of these Terms and Conditions. All times are expressed in local Australian time.
ELIGIBILITY
2. This Promotion is only open to Australian residents aged 18 years or over, subject to condition 3.
3. The following are ineligible: (i) employees of the Promoter, the Mirvac Group or any of the tenants or retailers in any Participating Centre or any of the Promoter's agencies associated with the Promotion; (ii) the spouse, de facto spouse, parent, child or sibling (whether natural or by adoption) of an excluded employee; and (iii) any person the Promoter has previously notified is not permitted to enter the Promoter's promotions.
PROMOTION PERIOD
4. The Promotion Period will be specified in the competition post on the Participating Centre's official social media account.
HOW TO ENTER
5. The Promotion will be conducted via the Participating Centre's official social media account/s (Social Media Platform).
6. To receive an entry, eligible individuals must during the Promotion Period: a. Follow the Participating Centre's official social media account; b. Like the competition post; c. Complete any additional entry steps as specified in the competition post; and d. Ensure compliance with all entry requirements outlined in these Terms and Conditions.
7. To be eligible to win, entrants must maintain their follow of the Participating Centre's social media account for the entire Promotion Period. Entrants who unfollow the account before the draw will be deemed ineligible.
8. This Promotion is in no way sponsored, endorsed, administered by or associated with any social media platform. By entering, entrants release all relevant social media platforms from any liability in connection with this Promotion. Any questions, comments or complaints must be directed to the Promoter and not to the relevant social media platform.
LIMITS ON ENTRY
9. Multiple entries are permitted. One comment equals one entry, provided each comment is a genuine, separate entry in accordance with the entry requirements.
DRAW DETAILS
10. The draw will take place at the Participating Centre at a time and date specified in the competition post. A computer program will be used to draw one (1) prize winner with each entry having an equal chance of winning. The Promoter reserves the right to draw reserves in case of an invalid entry or invalid entrant.
WINNER NOTIFICATION
11. The winner will be notified via direct message and/or by announcement in the original competition post, and subsequently confirmed by email. Any winner will only be deemed a winner once verified by the Promoter. Prize collection or delivery details will be communicated directly to the winner. The winner's name and postcode may be published on the Participating Centre's website for a period of 28 days following the draw.
PRIZE
12. Prize details and total prize pool value will be specified in the competition post. The Promoter reserves the right to substitute any prize with one of equal or greater value if required.
CLAIMING PRIZE
13. The Promoter will contact the winner directly to arrange prize collection or delivery. The winner must respond within a reasonable timeframe as specified by the Promoter, or the prize may be forfeited. The Promoter reserves the right to request the winner provide proof of identification and/or proof that they were responsible for the winning entry.
UNCLAIMED PRIZE DRAW
14. If a prize is unclaimed, a redraw may take place at the same location as the original draw, subject to any written directions from a regulatory authority.
15. The winner of any redraw will be notified via email within a reasonable timeframe.
GENERAL
16. Incomplete, indecipherable or illegible entries will be deemed invalid.
17. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
18. Prize is subject to the standard terms and conditions of individual prize and service providers.
19. If for any reason a winner does not take the prize or an element of the prize at the time stipulated, then the prize or that element of the prize will be forfeited and will not be redeemable for cash.
20. If any prize (or part of any prize) is unavailable due to reasons beyond the control of the Promoter, the Promoter in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
21. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
22. Entrants consent to the Promoter using the entrant's name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this Promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
23. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) 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, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
24. If this 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 the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority to modify, suspend, terminate or cancel the Promotion, as appropriate.
25. The Promoter’s decision is final, and no correspondence will be entered into.
26. Nothing in these Terms and Conditions limit, exclude or modify 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 the State and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter and the Mirvac Group of companies (including their respective officers, employees and agents) exclude all liability (including negligence), for any 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.
27. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter and the Mirvac Group of companies (including their respective officers, employees and agents) are not responsible for and exclude all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special 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) any tax liability incurred by an entrant or winner; or (f) use of a prize.
28. The Promoter needs to collect personal information about each entrant in order to conduct the Promotion and may for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, gift suppliers and as required to the regulatory authorities. Participation in the Promotion is conditional on providing this information. If the entrant opts in at time of entry, the Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant and for such other purposes as set out in our Privacy Policy. Entrants should direct any request to access, update or correct information to the Promoter. All personal details of entrants will be stored in accordance with the Privacy Policy. Upon the entrant’s request, information provided will be removed from the Promoter’s active marketing database. To request details to be removed, please go to http://mirvac-retail.myopensign.com/unsubscribe or write to the Marketing Manager, at the Participating Centre. Information will be removed as soon as reasonably possible in accordance with the Promoter’s Privacy Policy and applicable laws. To view the Privacy Policy, please visit http://www.mirvac.com/privacy-policy. All entries remain the property of the Promoter.
29. "The "Promoter" is Mirvac Real Estate Pty Ltd (ABN 65 003 342 452) of Level 28, 200 George Street, Sydney NSW 2000 trading as Birkenhead Point (NSW) https://www.birkenheadpoint.com.au/.
30. “Mirvac Group” means the Promoter, each of the Promoter’s related bodies corporate, each person with whom the Promoter or any of its related bodies corporate is in joint venture or partnership, and each entity, trust, partnership or fiduciary arrangement (including each managed investment scheme) of any nature of which the Promoter or any of its related bodies corporate has been, is or becomes the trustee, manager or responsible entity.
Mirvac is facilitating the Competition under NSW Permit TP/01095.