Pacific Werribee – Win a Maximum of One (1) Prize

© 2020 Plexus Services Pty Ltd. Do not reproduce or amend without authority.
Cupcake Delivery Giveaway Terms & Conditions (“Conditions of Entry”)
Schedule
Promotion: Cupcake Delivery Giveaway
Promoter: Wadren Pty Ltd (ACN 005 537 235), as trustee for The Hoppers Crossing Unit Trust (ABN 83 405 769 465) & QIC
Werribee Pty Ltd (ACN 624 121 204), as trustee for the QIC Werribee Trust (ABN 76 994 021 211), 250 Heaths
Road, Cnr Derrimut Rd, Hoppers Crossing VIC 3029 (Pacific Werribee Shopping Centre (VIC)).
Shopping
Centre:
Pacific Werribee Shopping Centre (VIC) 250 Heaths Road, Cnr Derrimut Rd, Hoppers Crossing, VIC 3029, Australia.
Ph: 03 9749 5111
Promotional
Period:
Start date: 27/07/20 at 09:00 am AEST
End date: 05/08/20 at 05:00 pm AEST
Eligible
entrants:
Entry is only open to VIC residents who are 13 years and over. Entrants under the age of 18 must have parent or
legal guardian approval to enter.
How to
Enter:
To enter the Promotion, the entrant must complete the following steps during the Promotional Period:
a) visit the Pacific Werribee Facebook Page at https://www.facebook.com/pacificwerribee or the Pacific
Werribee Instagram Page at www.instagram.com/pacificwerribee; and
b) comment on the promotional post with an answer to question: For your chance to WIN, tell us in the
comments someone who you are thankful for and that has gone above and beyond during this lockdown. (in
25 words or less) and like the promotional post.
Entrants must ensure their Instagram account privacy setting is set to public (i.e. not ‘private’) to be eligible for
this Promotion.
Entries
permitted:
Entrants may enter multiple times provided each entry is substantially unique and is submitted separately in
accordance with the entry instructions above. The entrant is eligible to win a maximum of one (1) prize. By
completing the entry method, the entrant will receive one (1) entry.
Total Prize
Pool:
AUD $162.00
Prize Description Number
of this
prize
Value (per
prize)
Winning Method
The prize is a box of twelve (12) daily favourite
cupcakes from The Cupcake Queens. Four (4)
cupcakes will be vanilla with a Pacific Werribee
logo. Eight (8) cupcakes will be a variety of the
most popular flavours.
3 AUD$54.00 Draw: computerised random selection – 06/08/20
at 12:00 pm AEST
Winner
notification:
The winners will be contacted by their Facebook or Instagram account within one (1) day of the draw.
1. The entrant agrees and acknowledges that they have read these Conditions of Entry (and Schedule) and that entry into the
Promotion is deemed to be acceptance of these Conditions of Entry (and Schedule). Any capitalised terms used in these
Conditions of Entry have the meaning given in the Schedule, unless stated otherwise.
2. The Promotion commences on the Start Date and ends on the End Date (“Promotional Period”). Entries are deemed to be
received at the time of receipt by the Promoter and not at the time of transmission or deposit by the entrant. Records of the
Promoter and its agencies are final and conclusive as to the time of receipt.
3. Valid and eligible entries will be accepted during the Promotional Period.
4. Employees (and their immediate family members) of agencies/companies directly associated with the conduct of this
Promotion, the Shopping Centre, the Promoter, their tenants, distributors, suppliers, subsidiary companies/businesses and
associated companies and agencies are not eligible to enter. “Immediate family member” means any of the following:
spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent,
step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
5. If a prize is won by a person under the age of 18, the prize may be awarded to the winner’s parent or guardian and where
applicable to the prize a nominated parent/guardian must accompany any person under 18 years of age.
© 2020 Plexus Services Pty Ltd. Do not reproduce or amend without authority.
6. Draw:
a) The draw will take place at Pacific Werribee Shopping Centre (VIC), 250 Heaths Road, Cnr Derrimut Rd, Hoppers Crossing
VIC 3029, Australia at 12:00 pm AEST on 03/08/20 using computerised random selection.
i) The first three (3) valid entries drawn will be the winners of the prizes specified in the Schedule above.
b) The draw conductor may draw additional reserve entries in case an invalid entry or entrant is drawn.
c) If a draw is scheduled on the weekend or a public holiday, the draw will be conducted at the same time and location on
the following business day. The Promoter will ensure each draw is open for public scrutiny and anyone may witness the
draw on request. The winner of a drawn prize is determined by chance.
7. All reasonable attempts will be made to contact each winner.
8. If any winner chooses not to take their prize (or is unable to), or does not take or claim a prize by the time specified by the
Promoter, or is unavailable, they forfeit the prize and the Promoter is not obliged to substitute the prize.
9. Entry and continued participation in the Promotion is dependent on the entrant following and acting in accordance with
Facebook Statement of Rights and Responsibilities (http://www.facebook.com/terms.php) and the Instagram Terms of Use,
(http://instagram.com/legal/terms/). This Promotion adheres to the terms and conditions set out in the Facebook
promotion guidelines which can be found at: http://www.facebook.com/promotions_guidelines.php and the Instagram
promotion guidelines which can be found at: http://help.instagram.com/179379842258600. Any questions or comments
regarding the Promotion must be directed to the Promoter, not to Facebook and Instagram. The entrant releases Facebook
and Instagram and their associated companies from all liabilities arising in respect of the Promotion. Entrants acknowledge
that the Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook and Instagram.
10. The value of the prizes is accurate and based upon the recommended retail value of the prizes (inclusive of GST) at the date
of printing. The Promoter accepts no responsibility for any variation in the value of the prizes after that date.
11. No part of a prize is exchangeable, redeemable for cash or any other prize or transferable, unless otherwise specified in
writing by the Promoter.
12. If a prize (or portion of a prize) is unavailable the Promoter reserves the right to substitute the prize (or that portion of the
prize) to a prize of equal or greater value and/or specification.
13. No entry fee is charged by the Promoter to enter the Promotion. Where entry is allowed online, there is no additional cost to
enter the Promotion other than any cost paid by the entrant to access the website or social media platform of entry via their
Internet service provider.
14. If there is a dispute as to the identity of an entrant or winner, the Promoter reserves the right, in its sole discretion, to
determine the identity of the entrant or winner.
15. Entrants’ personal information will be collected by the Promoter. Personal information will be stored on the Promoter’s
database. The Promoter may use this information for future marketing purposes regarding its products, including contacting
the entrant electronically. The Promoter is bound by the Australian Privacy Principles in accordance with the Privacy Act
1988 (Cth) and its privacy policy which is located at https://pacificwerribee.com.au/footer/privacy-statement/. The
Promoter’s privacy policy contains information about how the entrant may access, update and seek correction of the
personal information the Promoter holds about them and how the entrant may complain about any potential breach by the
Promoter of the Australian Privacy Principles or any other Australian privacy laws and how such complaints will be dealt
with. The Promoter collects personal information about entrants to enable them to participate in this Promotion and may
disclose the entrants’ personal information to third parties including its contractors and agents, prize suppliers and service
providers to assist in conducting this Promotion. If the entrant does not provide their personal information as requested,
they may be ineligible to enter or claim a prize in the Promotion. Personal information collected from entrants will not be
disclosed to any entity located outside of Australia.
16. The Promoter reserves the right to refuse to allow a winner to take part in any or all aspects of a prize, if the Promoter
determines in their absolute discretion, that a winner is not in the physical or mental condition necessary to be able to safely
participate in or accept the prize. It is a condition of accepting the prize that a winner (or their parent or legal guardian if
under the age of 18) may be required to sign a legal release as determined by the Promoter in its absolute discretion, prior to
© 2020 Plexus Services Pty Ltd. Do not reproduce or amend without authority.
receiving a prize. If a winner is under the age of 18, a nominated parent or legal guardian of the winner will be required to
sign the legal release on the winner’s behalf.
17. If a prize is provided to the Promoter by a third party, the prize is subject to the terms and conditions of the third party prize
supplier and the provision of the prize is the sole responsibility of the third party and not the Promoter. The terms and
conditions which apply to the prize at the time it is issued to the winner will prevail over these Conditions of Entry, to the
extent of any inconsistency. The Promoter accepts no responsibility or liability for any delay or failure by the third party to
deliver the prize, any delay or failure relating to the prize itself or failure by the third party to meet any of its obligations in
these Conditions of Entry or otherwise.
18. Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these
Conditions of Entry restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights
under any applicable law including the Competition and Consumer Act 2010 (Cth).
19. If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of computer virus,
communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond
the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion and
invalidate any affected entries, or suspend or modify a prize, subject to State or Territory regulation.
20. The Promoter reserves the right, at any time, to validate and check the authenticity of entries and entrant’s details (including
an entrant’s identity, age and place of residence). In the event that a winner cannot provide suitable proof as required by the
Promoter to validate their entry, the winner will forfeit the prize in whole and no substitute will be offered. Incomplete,
indecipherable, inaudible, incorrect and illegible entries, as applicable, will at the Promoter’s discretion be deemed invalid
and not eligible to win. Entries containing offensive or defamatory comments, or which breach any law or infringe any third
party rights, including intellectual property rights, are not eligible to win. The use of any automated entry software or any
other mechanical or electronic means that allows an individual to automatically enter repeatedly is prohibited and may
render all entries submitted by that individual invalid.
21. All material submitted on entry (e.g. photo(s), image(s), drawing(s), comment(s), sound/video recording(s) and answer(s) to
a promotional question) must NOT: (a) be in breach of any laws, regulations and rights, e.g. any laws regarding intellectual
property (copyright, trademarks, etc), defamation and privacy; (b) be defamatory, obscene, derogatory, pornographic,
sexually inappropriate, contain nudity, aggressive, violent, abusive, harassing, threatening, objectionable or
discriminate/vilify any section of the community with respect to race, ethnicity, nationality, religion, origin, sexual
preference, mental illness, disability or gender or unsuitable for publication; or (c) contain viruses. Entrants warrant that they
own or have the right to license the copyright in any entry submitted by them into this Promotion, for the purposes of this
Promotion, that no rights have been granted to any third party in respect of any such entry which would prevent the entry
being used as contemplated by this Promotion, and that the use by the Promoter of any such entry will not breach any laws
or infringe the rights of any person (including without limitation with respect to privacy, intellectual property and
defamation). Entrants must obtain prior consent from any person or from the owner(s) of any property that appears in their
entry. By entering, all entrants license and grant the Promoter and Shopping Centre, their affiliates and sub-licensees an
exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish
and display their entry (including any portion of their entry) for any purpose, including but not limited to future promotional,
marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability. Entrants
further agree, upon request by the Promoter, to assign all of their rights, title and interest (including copyright) in and to
their entry to the Promoter and to sign any legal documentation to confirm such assignment. Entrants agree that their entry
is their original work and does not infringe the rights of third parties, or that they have obtained full prior consent from any
person who has jointly created or has any rights in the aforementioned material. Entrants consent to any use of their entry
that may otherwise infringe their moral rights. Entrants are responsible for all entries they submit on entry. The Promoter
will not be liable for any entries, to the extent permitted by law. The Promoter reserves the right to remove, request removal
or decline to publish any entry or portion of an entry for any reason whatsoever, including if in breach of these Terms and
Conditions. The Promoter and will have no liability to entrants if it exercises this right and entrants must comply with any
request made by the Promoter pursuant to this paragraph. The entrant warrants and represents that any material sent or
© 2020 Plexus Services Pty Ltd. Do not reproduce or amend without authority.
provided by the entrant to the Promoter will not infringe any copyright, trademarks or other intellectual property rights of
any third party (including moral rights) and that the entrant has all rights to use the materials and has obtained all necessary
consents to comply with any relevant privacy and/or confidentiality requirements. Entrants agree to indemnify the Promoter
and Shopping Centre for any breach of the Terms and Conditions including this clause.
22. The Promoter reserves the right to disqualify entries and entrants in the event of non-compliance with these Conditions of
Entry or where the Promoter has reason to believe that the entrant has engaged in unlawful or other improper conduct
calculated to jeopardize the fair and proper conduct of the Promotion. In the event that there is a dispute concerning the
conduct of the Promotion, the decision of the Promoter is final and binding on each entrant and no correspondence will be
entered into.
23. The Promoter, the Shopping Centre owner/s and their associated agencies, related companies, officers, employees and
contractors will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of
profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s
negligence or wilful misconduct) in connection with this Promotion or accepting or using any prize (or recommendation),
except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by
law).
24. The entrant will participate in and co-operate as required with all reasonable marketing and editorial activities relating to the
Promotion, including (but not limited to) being recorded, photographed, filmed or interviewed and acknowledges that the
Promoter and Shopping Centre may use any such marketing and editorial material without further reference or
compensation to them.
25. The Promoter accepts no responsibility for any tax implications and the entrant must seek their own independent financial
advice in regards to the tax implications relating to the prize or acceptance of the prize.
26. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.