Holiday Inn Express – Accommodation for 3 Nights In Holiday Inn Express Katong Beach (prize valued at $2,200)

Lorna Jane Toombul Gift Card Giveaway
Terms and Conditions
Toombul Shopping Centre
1. Information on how to enter and prizes form part of these Terms and
Conditions. Participation in this ‘Lorna Jane Toombul Gift Card Giveaway’
(“Promotion”) is deemed acceptance of these Terms and Conditions. All times
and dates throughout these Terms and Conditions will be based on QLD local
time. The “Participating Centre” is Toombul.
2. Subject to condition 3, this Promotion is only open to QLD residents aged
18 years or over. Entrants under 18 years old must have parental/guardian
approval to enter 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.
3. The following are ineligible: (i) employees of the Promoter, the Mirvac
Group or any of the tenants or retailers in the Participating Centre or any of
the Promoter’s agencies that are associated with the Promotion; (ii) the
spouse, defacto spouse, parent, child or sibling (whether by birth or adoption)
of an excluded employee; and (iii) any person who the Promoter has
previously notified is not permitted to enter the Promoter’s promotions.
4. This Promotion commences at 5:30 pm on Monday 19 November 2018
and ends at 3.00pm on Thursday 22 November 2018.
5. To enter this Promotion, eligible individuals must, during the Promotion
Period, simply enter your first name, last name and email address into the
field provided.
6. Limit of one (1) entry permitted per eligible person per day.
7. The Promoter reserves the right to select reserves and record them in order
of merit in the event that the person who submitted the original entry that is
selected is ineligible, or does not claim the prize within four (4) weeks of the
Promoter first attempting to notify the winner.
8. The provisional winner(s) will be notified by Facebook or Email. A
provisional winner will only be deemed a winner once verified by the
Promoter.
9. They as determined by the judges, will each win a Lorna Jane Toombul Gift
Card valued at $50.00.
10. Incomplete, indecipherable or illegible entries will be deemed invalid.
11. 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.
12. Prize is subject to the standard terms and conditions of individual prize
and service providers. 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.
13. If any prize (or part of any prize) is unavailable due to reasons beyond the
control of the Promoter, the Promoter in its sole discretion, reserves the right
to substitute the prize (or that part of the prize) with a prize to the equal value
and/or specification.
14. Total prize pool value is $300.00.
15. Prizes, or any unused portion of a prize, are not transferable or
exchangeable and cannot be taken as cash, unless otherwise specified.
16. 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).
17. The Promoter reserves the right, at any time, to verify the validity of entries
(including contacting Participating Retailers) and entrants (including an
entrant’s identity, age and place of residence) and to disqualify any entrant
who submits an entry that is not in accordance with these Terms and
Conditions or who tampers with the entry process. Failure by the Promoter to
enforce any of its rights at any stage does not constitute a waiver of those
rights.
18. 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) to modify, suspend, terminate or cancel the Promotion, as
appropriate.
19. The Promoter’s decision is final and no correspondence will be entered
into.
20. Any cost associated with accessing the promotional website is the entrant’s
responsibility and is dependent on the Internet service provider used. The use
of any automated entry software or any other mechanical or electronic means
that allows an entrant to automatically enter repeatedly is prohibited and will
render all entries submitted by that entrant invalid.
21. 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.
22. 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 the prize.
23. It is a condition of taking the prize, that the winner sign a deed of release
and indemnity in the form required by the Promoter or any prize supplier.
24. Entrants agree that they are fully responsible for any materials they submit
via the promotion including but not limited to comments, recordings and
images (“Content”). The Promoter shall not be liable in any way for such
Content to the full extent permitted by law. The Promoter may remove or
decline to publish 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) their Content shall not contain viruses or cause injury or harm to any
person or entity;
(c) they will obtain prior consent from any person or from the owner(s) of any
property that appears in their Content;
(d) the Content is the original [artistic/literary] work of the entrant that does
not infringe the rights of any third party;
(e) they consent to any use of the Content which may otherwise infringe the
Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968
(Cth) and warrant that they have the full authority to grant these rights; and
(f) 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.
25. 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. 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
26. The Promoter needs to collect personal information about each entrant
and may for this purpose, disclose such information to third parties, including
but not limited to agents, contractors, service providers, gift suppliers and
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 email RetailNationalMarketing@mirvac.com or write to the Marketing
Manager, Toombul Shopping Centre, 1015 Sandgate Road, Toombul QLD.
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.
27. The “Promoter” is Mirvac Real Estate Pty Ltd (ABN 65 003 342 452) of
Level 28, 200 George Street, Sydney NSW 2000 trading as Toombul
Shopping Centre at 1015 Sandgate Road, Toombul QLD.
28. “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.