Westfield – WIN $1K Gift Card For Friend and $500 Gift Card For You – HappyGiving Facebook Competition

Nominate your Happiest Giver now! It’s your chance to celebrate that wonderful person in your life who’s always there for others.

Just tell us in 50 words or less what makes them so special and why they deserve to win. You could win a $1000 worth of Westfield XS Gift Cards for your nominee and $500 worth for yourself! Click below to get started, and don’t forget to include their photo.

Entries close Thursday 5 December.

#HappyGiving everyone!

Who, in your life deserves some happy giving and why? (answer in 50 words or less)

TERMS AND CONDITIONS FOR “HAPPY GIVING” PROMOTION
1. Information on how to enter, vote and prizes form part of these Terms and Conditions. Participation in this “Happy Giving” Promotion (“Promotion”) is deemed acceptance of these Terms and Conditions.
2. This Promotion contains two (2) rounds as follows: (a) the “Nomination Round”; and (b) the “Finalist Round”.
3. Subject to condition 4, entry and voting in this Promotion is only open to Australian residents. Entrants or voters under 18 years old must have parental/guardian approval to enter/vote and further, the parent/guardian of the entrant must read and consent to all terms and conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to this Promotion.
4. The following are ineligible: (i) employees of the Promoter, the Westfield Group or any of the tenants or retailers in the Participating Centres (as defined in condition 6 below) or any of the Promoter’s agencies that are associated with the Promotion; (ii) the spouse, defacto spouse, parent, child or sibling (whether natural or by adoption) of an excluded employee; and (iii) any person who the Promoter has previously notified is not permitted to enter/vote in the Promoter’s promotions.
NOMINATION ROUND
Nomination period
5. The Nomination Round commences at 9:00am local time, according to the location of the Participating Centre, on 21/11/2013 and closes at 11:59pm local time, according to the location of the Participating Centre, on 05/12/2013 (“Nomination Period”).
How to enter
6. The Nomination Round will be conducted on each of the Facebook Pages of selected Westfield Shopping Centres, as set out in Annexure A (“Participating Centres”). There will be thirty-nine (39) Participating Centres in this Promotion.
7. To enter the Nomination Period, individuals must complete the following steps during the Nomination Period:
(a) visit the Facebook Page of any one (1) Participating Centre, as set out in Annexure A;
(b) follow the prompts to the “#happygiving” promotional application (“App”);
(c) via the App, nominate one (1) of their friends who is the ‘ultimate giver in life’ (“Nominated Friend”) and upload a current
photograph of the Nominated Friend. For the removal of doubt, the Nominated Friend cannot be the entrant themself;
(d) via the App, input the requested details including their full name, valid email address, the full name and contact telephone number of the Nominated Friend and a reason, in fifty (50) words or less, as to why the Nominated Friend is the ‘ultimate giver in life’ (“Reason”);
(e) via the App, tick the relevant box to confirm that they obtained permission from the Nominated Friend to enter this Promotion and use the Nominated Friend’s personal information including their name, photograph and story; and
(f) submit their nomination.
By submitting an entry, entrants indemnify the Promoter against claims that arise as a result of failing to obtain permission of their Nominated Friend.
Limits on entry
8. Limit of one (1) entry permitted per entrant.
9. Incomplete or indecipherable entries will be deemed invalid.
10. 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.
Winner determination
11. Entries received in the Nomination Round will be divided into groups based on the Participating Centre’s Facebook Page in which the entry was submitted. Entries in each group will be individually judged based on the Reason provided in their entry according to the following criteria:
• How far reaching the Nominated Friend’s actions were;
• The length of time the Nominated Friend has been undertaking the actions;
• How the Nominated Friend serves as an inspiration for other individuals and/or their local community; and
• The Nominated Friend did not undertake their actions for reasons of financial reward, material gain or other personal advancement.
12. The best valid entry in each group, as determined by the judges, will each be deemed a “Finalist”, subject to verification by the Promoter. There will be thirty-nine (39) Finalists chosen in this Promotion.
Finalist notification
13. Each Finalist will be notified by email and telephone. A provisional Finalist will only be deemed a Finalist once verified by the Promoter and once they have provided the legal documentation as set out in condition 45.
Prizes
14. Each Finalist will receive Westfield XS Gift Cards to the value of $500, and the Nominated Friend within the Finalist’s entry will be awarded Westfield XS Gift Cards to the value of $1,000.
FINALIST ROUND
Finalist period
15. The Finalist Round commences at 9:00am AEDST on 12/12/2013 and closes at 11:59pm AEDST on 19/12/2013 (“Finalist Round”).
16. All Finalists, as determined in the Nomination Round, will be entered into the Finalist Round.
Voting
17. During the Finalist Round, each Finalist’s entry will be uploaded to the #happygiving promotional application (“#happygiving App”) on the national Westfield Facebook Page (www.facebook.com/westfield) (“Westfield Facebook Page”) for the purposes of public viewing and voting.
18. Eligible members of the public can vote for Finalist entries by visiting the #happygiving App on the Westfield Facebook Page (“Voters”). In order to vote, Voters must complete the following steps, during the Finalist Period:
(a) visit the Westfield Facebook Page;
(b) follow the prompts to the #happygiving App;
(c) via the App, follow the prompts to input the requested details including their first name, last name and email address;
(d) click on the ‘vote’ button and vote for the Finalist entry in the manner required; and
(e) submit their vote.
19. A Voter will receive one (1) entry in the draw for each Voter that: (a) satisfies the eligibility requirements as set out in conditions 3 and 4 above; and (b) who submits a vote in accordance with condition 18 above.
20. Multiple votes permitted, subject to the following: (a) each vote must be submitted separately and in accordance with voting requirements; and (b) a maximum of one (1) vote per Voter per day is permitted.
21. Incomplete or indecipherable votes will be deemed invalid.
22. The use of any automated voting software or any other mechanical or electronic means that allows an individual to automatically vote repeatedly is prohibited and will render all votes submitted by that individual invalid.
23. Finalists and voters should not rely on information featured on a vote tally to confirm the winner. Vote tallies may not be a true reflection of the
results. All entries, votes and Finalists featured on a vote tally are subject to verification by the Promoter.
Voters Winner determination
24. The draw for the Voters will take place at Anisimoff Legal, Suite 301, Erina Plaza, 210 Central Coast Highway, Erina NSW 22 Atchison Street, St Leonards, NSW 2065 on 20/12/2013 at 5:30pm NSW local time.
Voters Winner notification
25. The winners will be notified by email within two (2) business days of the draw.
Voters Prizes
26. The first five (5) valid entries drawn from all Voters will each win one (1) Westfield XS Gift Card to the value of $100.
27. A draw for any unclaimed prizes may take place at 11:00am NSW local time on 21/03/2014 at the same place as the original draw, subject to any directions from a regulatory authority. Winners, if any, will be notified by email within two (2) business days of the draw.
28. Total prize pool value, awarded based on chance, is $500.
Finalist Winner determination
29. The Finalist entry, which accumulates the highest number of valid votes at the end of the Finalist Period, will be deemed the national winner (“Winner”), subject to verification by the Promoter.
30. In the event of a tie between two (2) or more Finalist entries for the most votes accumulated in the Finalist Round, the Promoter will individually judge each tied Finalist entry and determine the winning Finalist entry in its absolute discretion. All Finalist entries in a judging round will be judged based on the Reason provided in their entry according to the following criteria:
• How far reaching the Nominated Friend’s actions were;
• The length of time the Nominated Friend has been undertaking the actions;
• How the Nominated Friend serves as an inspiration for other individuals and/or their local community;
• The Nominated Friend did not undertake their actions for reasons of financial reward, material gain or other personal advancement.
Finalist Winner notification
31. The Winner will be notified by email and telephone and the Winner will published on the Westfield Facebook Page. A provisional Winner will only be deemed a Winner once verified by the Promoter.
Finalist Prize
32. The Nominated Friend in the Winner’s entry will receive Westfield XS Gift Cards to the value of $5,000.
33. For the avoidance of doubt, the Winner will not receive any additional prize at the conclusion of the Finalist Round.
GENERAL
34. Any ancillary costs associated with redeeming the Westfield XS Gift Card are not included. Any unused balance of the Westfield XS Gift Card will not be awarded as cash. Westfield XS Gift Card terms and conditions apply and only redeemable at participating stores. Westfield XS Gift Cards are issued by Westfield Gift Card Pty Ltd ACN 113 171 663. For a list of current participating stores visit www.westfield.com.au/giftcards.
35. If a winner of any prize is under the age of 18 years, the prize will be awarded to the winner’s nominated parent or guardian on the winner’s behalf.
36. If any prize (or part of any prize) is unavailable due to reasons beyond the control of the Promoter, the Promoter 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.
37. Total prize pool value, awarded based on skill is, $63,500.
38. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
39. When an entrant submits any materials via the Promotion including comments, recordings and images (“Content”), the entrant, unless the Promoter advises otherwise, licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display such Content for any purpose in any media, without compensation, restriction on use, attribution or liability. Entrants agree not to assert any moral rights in relation to such use and warrant that they have the full authority to grant these rights.
Entrants agree that they are fully responsible for the Content they submit. The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove any Content without notice for any reason whatsoever. Entrants warrant and agree that: (a) they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening,
objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication; (b) they will obtain prior consent from any person or property that appears in their Content; (c) they will obtain full prior consent from any person who has jointly created or has any rights in the Content, to the uses and terms herein; (d) their Content shall not contain viruses or cause injury or harm to any person or entity; and (e) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems.
Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of the above terms.
40. The Promoter reserves the right, at any time, to verify the validity of entries, entrants, voters and votes (including an voter’s/entrant’s identity, age and place of residence) and to disqualify any entrant/voter who submits an entry/vote that is not in accordance with these Terms and Conditions or who tampers with the entry/voting process. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
41. The Promoter reserves the right, at any time, to invalidate any votes which it reasonably suspects have been submitted using false, incorrect, fraudulent or misleading information, including but not limited to personal details and contact information and/or votes that have been submitted through the use of multiple identities, email addresses or accounts or voter exchange software, and/or to disqualify any entrant (or invalidate his/her entry) that the Promoter reasonably suspects has paid, bartered or offered payment or other consideration to another person in exchange for votes or has otherwise encouraged or procured any person to submit votes contrary to these Terms and Conditions.
42. 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 voter; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the Promotion, as appropriate.
43. The Promoter’s decision is final and no correspondence will be entered into.
44. Any cost associated with accessing a promotional website is the entrant’s/voter’s responsibility and is dependent on the Internet service provider used.
45. As a condition of accepting a prize, a Finalist, the Winner and a Nominated Friend must sign any legal documentation as and in the form
required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a statutory declaration, legal release, and an indemnity form and confirmation to appear in PR and advertising and marketing.
46. Entry and continued participation in the Promotion is dependent on entrants following and acting in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at www.facebook.com/terms.php.
47. This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants understand that they are providing their information to the Promoter and not to Facebook. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this Promotion must be directed to the Promoter and not to Facebook. Facebook will not be liable for any loss or damage or personal injury which is suffered or sustained by an entrant, as a result of participating in the Promotion (including taking/use of a prize), except for any liability which cannot be excluded by law.
48. Nothing in these Terms and Conditions limit, exclude or modify or purports to limit, exclude or modify the 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 Westfield 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.
49. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter and the Westfield 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, Finalist, Nominated Friend or the Winner; or (f) use of a prize.
PRIVACY
50. In order to conduct this Promotion, the Promoter needs to collect personal information about each entrant and voter and may for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, prize suppliers and regulatory authorities. Participation in the Promotion is conditional on providing this information. If an entrant or voter opts-in at the time of entry/voting, the Promoter and the Westfield Group ma add the entrant/voter to the Westfield database and, 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/voter . Entrants/Voters should direct any request to access, update or correct information to the Promoter. All personal details of entrants/voters will be stored at the office of the Promoter and/ or Westfield. To request details to be removed, please go to http://westfield.com.au/unsubscribe or write to the Digital Marketing Manager, Level 30, 85 Castlereagh Street, Sydney, NSW 2000. Information will be removed as soon as reasonably possible in accordance with our Privacy Policy and applicable laws. To view the Westfield Privacy Policy, please visit http://www.westfield.com.au/au/help/privacy-policy. All entries and votes remain the property of the Promoter.
51. The “Promoter” is Westfield Promotion Fund Management Pty Ltd (in its capacity as The Trustee for WESTFIELD PROMOTION FUND ABN 79 727 004 194) of Level 30, 85 Castlereagh Street, Sydney, NSW 2000.
NSW Permit No. LTPS/13/09028 ACT Permit No. TP13/04211

51. The “Promoter” is Westfield Promotion Fund Management Pty Ltd (in its capacity as The Trustee for WESTFIELD PROMOTION FUND ABN 79 727 004 194) of Level 30, 85 Castlereagh Street, Sydney, NSW 2000.
NSW Permit No. LTPS/13/09028 ACT Permit No. TP13/04211
ANNEXURE A
Participating Centre
Facebook Page
Westfield Bondi Junction
www.facebook.com/westfieldbondijunction
Westfield Chatswood
www.facebook.com/westfieldchatswood
Westfield Hornsby
www.facebook.com/westfieldhornsby
Westfield Kotara
www.facebook.com/westfieldkotara
Westfield North Rocks
www.facebook.com/westfieldnorthrocks
Westfield Sydney
www.facebook.com/westfieldsydney
Westfield Tuggerah
www.facebook.com/westfieldtuggerah
Westfield Warringah Mall
www.facebook.com/westfieldwarringahmall
Westfield Belconnen
www.facebook.com/westfieldbelconnen
Westfield Woden
www.facebook.com/westfieldwoden
Westfield Burwood
www.facebook.com/westfieldburwood
Westfield Eastgardens
www.facebook.com/westfieldeastgardens
Westfield Figtree
www.facebook.com/westfieldfigtree
Westfield Hurstville
www.facebook.com/westfieldhurstville
Westfield Liverpool
www.facebook.com/westfieldliverpool
Westfield Miranda
www.facebook.com/westfieldmiranda
Westfield Mount Druitt
www.facebook.com/westfieldmountdruitt
Westfield Parramatta
www.facebook.com/westfieldparramatta
Westfield Penrith
www.facebook.com/westfieldpenrith
Westfield Warrawong
www.facebook.com/westfieldwarrawong
Westfield Airport West
www.facebook.com/westfieldairportwest
Westfield Doncaster
www.facebook.com/westfielddoncaster
Westfield Fountain Gate
www.facebook.com/westfieldfountaingate
Westfield Geelong
www.facebook.com/westfieldgeelong
Westfield Knox
www.facebook.com/westfieldknox
Westfield Plenty Valley
www.facebook.com/westfieldplentyvalley
Westfield Southland
www.facebook.com/westfieldsouthland
Westfield Marion
www.facebook.com/westfieldmarion
Westfield Tea Tree Plaza
www.facebook.com/westfieldteatreeplaza
Westfield West Lakes
www.facebook.com/westfieldwestlakes
Westfield Carousel
www.facebook.com/westfieldcarousel
Westfield Innaloo
www.facebook.com/westfieldinnaloo
Westfield Whitford City
www.facebook.com/westfieldwhitfordcity
Westfield Carindale
www.facebook.com/westfieldcarindale
Westfield Chermside
www.facebook.com/westfieldchermside
Westfield Garden City
www.facebook.com/westfieldgardencity
Westfield Helensvale
www.facebook.com/westfieldhelensvale
Westfield North Lakes
www.facebook.com/westfieldnorthlakes
Westfield Strathpine
www.facebook.com/westfieldstrathpine