EMPORIUM MELBOURNE Win a Trip Promotion Terms and Conditions
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1 EMPORIUM MELBOURNE Win a Trip Promotion Terms and Conditions Who is running the competition? Where will the competition run? When will the competition start and end? Who can enter? Who can't enter? Entry instructions How many winners will there be and how will they be chosen? What can I win? The Promoter is Vicinity Centres PM Pty Ltd (ABN ) as disclosed agent for the owners of Emporium Melbourne, Melbourne Corporate Office, Level 4, Chadstone Tower One, 1341 Dandenong Road, Chadstone Vic Phone: The competition will be conducted in Emporium Melbourne, 287 Lonsdale Street, Melbourne, 3000 (the Centre). The competition will run during Centre opening hours between 1 December 2017 and 24 December 2017 (the Competition Period). Only Australian residents aged 18 or over who can take the major prize on dates to be specified between 4 November 2018 and 11 December 2018 (inclusive) who are/become a member of the Centre's mailing list can enter. Directors, officers, management and employees of: the Promoter; the agencies or companies associated with this competition or the Promoter; or the retail stores located at the Centre, and the immediate families of those people, can't enter. During the Competition Period, you need to: spend a minimum of $20 on an Emporium Melbourne gift card in one day (excludes online purchases) (Qualifying Purchase); and on the same day as your Qualifying Purchase, visit the Concierge Desk at the Centre, present your Qualifying Purchase receipt/s and follow the instructions specified to confirm your details on, or sign up to, the Centre's mailing list and provide all requested details in order to submit your entry into the competition. For the avoidance of doubt, you must make your Qualifying Purchase and submit your entry at the Concierge Desk on the same day in order for your entry to be valid. There will be 1 major winner/s determined in respect of this competition. The draw will be held at 10am on Thursday 28 th December 2017 at the Centre Management Office at the Centre. The Promoter may draw additional reserve entries in the draw and record them in order, in case a winning entry/entrant is deemed invalid or a prize is unclaimed (Reserve Entrants). There is 1 major prize available. Each major prize is a trip for 2 on Abercrombie & Kent s Christmas Markets of Europe - Winter Wonderlands private journey valued up to $22,020 depending on the winner's point of departure. See Prizes paragraphs below for further details on the prizes.
2 Total prize pool The prize pool is $22,020. How many times can I enter? How and when will the winners be informed? Must I keep anything to verify my entry? If I win, when must I claim my prize? What if I don't claim my prize on time? You can only enter once per day, regardless of the number or value of your Qualifying Purchase/s on that day. If you are a winner, you will be informed by phone and in writing within two days of determination and your name and state/territory of residence will be published on the Centre website on Tuesday 2 nd January 2018 for a period of 28 days. You must keep the original purchase receipt(s) for all entries as proof of purchase. If you don't produce the proof of purchase for all entries when asked the Promoter may disqualify all of your entries and you will lose any right to a prize. Purchase receipt(s) must clearly identify the retailer of purchase (which must be a Participating Retailer), the product(s) purchased (which must comprise a Qualifying Purchase), and the date of purchase (which must be during the Competition Period on the date you submitted your entry). If, in the Promoter's opinion, you have shared any receipt(s) with another person, your entries will be invalid and you will lose any right to a prize. You must claim your prize by 5pm on Wednesday 28 February 2018 (Prize Claim Date and Time). If a prize has not been accepted or claimed by the Prize Claim Date and Time, or if, after making all reasonable attempts, the Promoter can't contact a drawn winner (or a drawn winner does not contact the Promoter) by the Prize Claim Date and Time, the relevant entry will be discarded and the Promoter will re-award the relevant prize/s to Reserve Entrant/s and/or carry out an unclaimed prize draw at 10am on Thursday 1 March 2018 at the same location as the original draw to distribute the relevant prize/s (in descending order of value). Any such winner/s will be informed by phone and in writing within two days of determination, and their name and state/territory of residence will be published on the Centre website on Friday 2 March 2018 for a period of 28 days. 1 These Terms and Conditions incorporate and must be read together with the details outlined in the table above. Information about prizes and how to enter forms part of these Terms and Conditions. By entering, you accept these Terms and Conditions. Entry 2 Your entry must be received during the Competition Period. Your entry is deemed to be received only when received by the Promoter s database. If you return a Qualifying Purchase your entry may be deemed invalid at the Promoter's discretion (unless product is defective). If you enter using automatically multiple aliases you may be disqualified. Prizes 3 The major prize will be a trip for you and 1 adult companion on Abercrombie & Kent s Christmas Markets of Europe - Winter Wonderlands private journey on dates to be specified between 4 November 2018 and 11 December 2018 (inclusive) and includes: Return economy class airfares (including airfare taxes) for you and your companion from your nearest Australian capital city to Berlin and return transfers between the destination airport and the hotel; and 7 nights' twin/double accommodation as specified including breakfast daily; private transport by Mercedes E-Class or similar with English-speaking driver;
3 (d) (e) (f) (g) (h) (i) expert local English-speaking guides during sightseeing in Berlin, Dresden and Prague; 3-course Symphony lunch for 2 people at Hotel Aria Prague including coffee and one soft drink; entrance fees to all included sights and museums; services of an Abercrombie & Kent Guardian Angel including airport and hotel meeting upon arrival in Berlin and Prague; all taxes; 24 hour emergency contact service based at A&K Europe. 4 All elements of a travel prize (including accommodation, activities and flights) are subject to booking and availability. If the travel prize relates to specific travel or event dates, it must be taken on the dates specified. If the winner can choose travel dates, the prize must be booked within, and the travel taken within, periods specified by the Promoter or the travel supplier/s and may be subject to block out/major event/peak/public holiday periods or any other exclusion periods as specified by the Promoter or the travel supplier/s. 5 If you win the major prize, you and your companion/s are responsible for all other costs related to the prize, including any unspecified meals, transfers, insurance (including excesses) and taxes. All persons taking the prize must depart and return at the same time. Costs for changes made by you (or your companion/s) to the prize after it has been booked must be paid by you. All persons taking the prize must ensure that they have all necessary documents to travel to the relevant location, including (where relevant) a current and valid passport and any visas required. 6 All travel prizes are subject to any additional conditions of the travel supplier/s including any conditions of entry into a relevant event location (including behaviour requirements and applicable dress codes). All voucher prizes are subject to any conditions specified by the prize provider, including periods of validity. 7 If an event or activity included in a prize is abandoned, called off or postponed for any reason, the winner and companion/s forfeit entitlement to that prize element and will not be given any cash or alternative tickets as a substitute for attending the event or activity. General 8 If you are a winner, you and your companion/s must take part in all publicity, photography and other promotional activity as the Promoter requires, without any compensation. You and your companion/s consent to the Promoter using your names and images in any promotional or advertising activity. 9 Winner/s and companion/s accept that some aspects of some prizes may be inherently risky and involve dangerous activities. 10 If relevant, in order to participate in activities awarded as part of a prize, winner/s and companion/s must comply with any applicable conditions as specified (e.g. height, weight, health and fitness requirements). Winner/s must ensure that they and their companion/s are healthy and fit enough to take the prize. Winner/s and companion/s must follow all requirements of the people responsible for managing the relevant activity/ies. 11 Winner/s and companion/s must, if required by the Promoter, sign disclaimer and release forms provided by the Promoter in favour of the Promoter and other parties before taking the prize. If a winner or companion does not sign, the relevant winner's entry will be deemed invalid and they will lose any entitlement to a prize. 12 Major prize winner/s are responsible for their companion/s and the Promoter may disqualify all entries from, and prohibit further participation in this competition by, a winner or their companion/s if they breach these conditions, whether or not legally bound by them. 13 If a winner (or any of their companion/s), in the opinion of the Promoter, is intoxicated, under the influence of alcohol or any other drug, behaves aggressively or offensively, or behaves in a
4 manner which may diminish the good name or reputation of the Promoter or any of its related entities or the Participating Retailers, agencies or companies associated with this competition, is contrary to law or is otherwise inappropriate, the Promoter may cancel the prize or restrict the winner (and their companion/s) from participating in any elements of the prize, at its discretion. 14 If you or your entry are deemed by the Promoter to breach these Terms and Conditions (including if the major prize must be taken on set dates and you are unable to take the major prize on these dates), your entry (or at the Promoter's discretion, all of your entries) may be discarded. The Promoter may, at any time, require you to produce documentation to establish to the Promoter's satisfaction the validity of your entries (including documentation establishing your identity, age, place of residence and place of employment). Failure by the Promoter to enforce any of its rights at any stage does not waive those rights. 15 You must not: tamper with the entry process; (d) (e) (f) engage in any conduct that may jeopardise the fair and proper conduct of the competition; act in a disruptive, annoying, threatening, abusive or harassing manner; do anything that may diminish the good name or reputation of the Promoter or any of its related entities or of the Participating Retailers, agencies or companies associated with this competition; breach any law; or behave in a way that is otherwise inappropriate. 16 The Promoter is not liable for entries, prize claims or correspondence that are misplaced, misdirected, delayed, lost, incomplete, illegible or incorrectly submitted. 17 The Promoter s decision in connection with all aspects of this competition is final. 18 Prizes cannot be transferred or exchanged nor (except where cash is specified) redeemed for cash. Without limiting any other term of these Terms and Conditions, all prizes (and elements of prizes) must be taken as and when specified, or will be forfeited with no replacement. The prize values are correct as at the date of preparing these Terms and Conditions and include any applicable GST. The Promoter is not responsible for any change in prize value. You agree that if a prize (or element of a prize) is unavailable for any reason the Promoter may provide another item of equal or higher value, subject to any necessary approval by the state/territory gaming authorities. 19 By entering, you request that your full address not be published. 20 By accepting or participating in any prize, a winner's companion accepts these Terms and Conditions. 21 If this competition cannot run as planned for any reason beyond the Promoter's control, for example due to software, hardware or communications issues, unauthorised intervention, tampering, fraud or technical failure, the Promoter may end, change, suspend or cancel the competition or disqualify affected entries/entrants, subject to any necessary approval by the relevant state/territory gaming authorities. 22 The Promoter is not responsible for any tax implications arising from you winning a prize. You should seek independent financial advice. If for GST purposes this competition results in any supply being made for non-monetary consideration, you must follow the Australian Taxation Office s stated view that where the parties are at arm s length, goods and services exchanged are of equal GST inclusive market values. Liability 23 Nothing in these Terms and Conditions restricts, excludes or modifies any consumer rights under any statute including the Competition and Consumer Act 2010 (Cth).
5 24 Subject to the previous paragraph, the Promoter and the Participating Retailers, agencies and companies associated with this competition are not liable (including in negligence) for any loss (including indirect, special or consequential loss or loss of profits), expense, damage, personal injury, illness or death suffered in connection with this competition or any prize, except for any liability which under statute cannot be excluded (in which case that liability is limited to the greatest extent allowed by law). 25 Without limiting the previous paragraph, the Promoter and the Participating Retailers, agencies and companies associated with this competition are not liable for any loss of, damage to or delay in delivery of prizes. Prizes will only be delivered to addresses in Australia. 26 The Promoter may communicate or advertise this competition using Facebook or Instagram. However, the competition is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram. You provide your information to the Promoter and not to Facebook or Instagram. You completely release Facebook and Instagram from any and all liability. Collection and use of your personal information 27 The information you provide will be used by the Promoter for the purpose of conducting this competition and communicating with you as a member of the Centre's mailing list. The Promoter may collect your personal information (including through its contractors or agents) or disclose your personal information to its related companies, contractors and agents to assist in conducting this competition, storing data or communicating with you. This may include disclosures to organisations outside Australia including in places such as Singapore and the United States. By entering this competition and being a member of the Centre's mailing list, you consent to the storage of your personal information on the Promoter s database and the Promoter may use this information for future competition and marketing purposes regarding the Centre, including contacting you via electronic messaging. By entering this competition and being a member of the Centre's mailing list, you consent to receiving SMS or messages from the Promoter that do not contain any functional unsubscribe facility. The Promoter is bound by the Privacy Principles in the Privacy Act 1988 (Cth). The Promoter s Privacy Policy, located at contains information about how you can seek access to the personal information the Promoter holds about you and seek the correction of such information, how you can complain about a privacy breach and how the Promoter will deal with such a complaint.
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