Moonee Ponds Central – Win a Matching Pair of Daniel Wellington Rose Gold Watches this Valentine’s Day (prize valued at $478)
‘Matchy Matchy’ Promotion Terms and Conditions
MOONEE PONDS CENTRAL – MONDAY, 14 JANAURY, 2018
1. Information on how to enter and prizes form part of these Terms and Conditions. Participation in this
‘Matchy Matchy’ (“Promotion”) is deemed acceptance of these Terms and Conditions. All times and dates
throughout these Terms and Conditions will be based on NSW local time. The “Participating Centre” is
Moonee Ponds Central Shopping Centre.
2. Subject to condition 3, this Promotion is only open to Australian 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 EST 9:00am on Monday the 4th February, 2019 and ends at 5:30pm on
Thursday the 14th February 2019, (“Promotion Period”). The draw will take place at 10:00am, Friday 14th
January at Moonee Ponds Central Shopping Centre in the Centre Management Office.
5. To enter this Promotion, eligible individuals must, during the Promotion Period, present a receipt of over
$30 spend at any specialty store (excludes Coles, Aldi, Kmart and Liquorland) to Evita Jewellery in Kmart
Mall during the promotional period as listed above. The spend per receipt must be over $30. Receipts
cannot be combined to make $30. Entrants must then complete an entry form on the iPad located at Evita
Jewellery per valid entry.
6. Limit of one (1) entry permitted per eligible receipt, however multiple receipts can be presented each day if
each exceeds $30.
7. The prizes include a major prize of two (2) Daniel Wellington Rose Gold watches valued at $487. Total
prize pool value of $478.00.
8. The winner will be notified via email or phone on Friday the 15th of February 2019. Judges decision is final
and no correspondence will be entered into.
9. All unclaimed prizes will be drawn in a second chance draw, to be held on Tuesday 14th of May 2019 at
EST 10:00am at Moonee Ponds Central Shopping Centre in the Centre Management Office.
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. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as
cash, unless otherwise specified. Prizes must be collected from Centre Management, Moonee Ponds
Central Shopping Centre, Basement Level 14-16 Hall Street, Moonee Ponds VIC 3039.
15. 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).
16. 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.
17. 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.
18. The Promoter’s decision is final and no correspondence will be entered into.
19. 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.
20. 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.
21. 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.
22. 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.
23. 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.
24. As a condition of entering this promotion, each entrant agrees to assign all of their rights, title and
interest (including copyright) in and to their entry (which shall include Content) to the Promoter, and to
execute any documents to confirm such assignment. Entries will not be returned to any entrant.
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
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, Moonee Ponds Central
Shopping Centre, Basement Level 14-16 Hall Street, Moonee Ponds VIC 3039. Information will be
property of the Promoter.
27. The “Promoter” is Mirvac Real Estate Pty Ltd (ABN 65 003 342 452) of Level 26, 60 Margaret Street,
Sydney NSW 2000 trading as Moonee Ponds Central Shopping Centre, Basement Level 14-16 Hall
Street, Moonee Ponds VIC 3039.
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.