Terms & Conditions
50th Birthday Celebrations - Spend to Win ("Conditions of Entry")

Promotion:

50th Birthday Celebrations - Spend to Win

Promoter:

Knight Frank Australia Holdings Pty Ltd (ABN 28114923938), 4 Chisham Ave, Kwinana Town Centre, WA 6167, Australia. Ph: (08) 9439 1233

Participating Centre:

Kwinana Marketplace, 4 Chisham Ave, Kwinana Town Centre WA 6167

Promotional Period:

Start date: 17/04/23 at 10:00 am AWST

End date: 22/04/23 at 11:59 pm AWST

Eligible entrants:

Entry is only open to WA 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:

• spend at least $20.00 in one (1) transaction on any goods or services (other than the Excluded Items) at Kwinana Marketplace in the course of one (1) day ("Qualifying Spend");

• visit the Promotion Desk (Outside of ‘Best & Less’) and present their receipt/s for the Qualifying Spend to a staff member on the same day of the Qualifying Spend; and

• consult with Promotional staff (at the Promotion Desk) to complete and submit the entry form for the Promotion via tablet (providing their personal details as requested) to receive a game card;

• scratch the game card to reveal whether you are eligible to receive an Instant Win Prize (there will be five (5) different Instant Win Prizes available to be won (see schedule below));

Instant Win Prizes are strictly limited to the amounts outlined in the Schedule below.

Those individuals that receive a game card can also enter a Daily Prize Draw by completing the following steps during the Promotional Period:

• visit the promotional website (by scanning the QR code located on the game card) and follow the prompts to fully complete and submit the online entry form with their personal details as requested.

Excluded Items: The following products or services (including vouchers relating to such products or services) will not be eligible to purchase to claim a prize: Any products or services from any Woolworths or Coles stores, receipts for bills, prize cards, liquor or tobacco products, weapons of any kind, prescription medicines and cosmetic or surgical procedures.

Proof of Purchase: The claimant must retain proof of purchase. The proof of purchase required is an original receipt for the Qualifying Spend.

Entries permitted:

Multiple entries permitted subject to the following:

• Limit five (5) entries permitted per day;
• Limit one (1) entry per qualifying transaction; and
• each entry must be completed in accordance with the entry instructions above.

Total Prize Pool:

AUD $13,950.00

Prize Details:

Prize Conditions:

Daily Draws Prize:

• The prize must be collected from 4 Chisham Ave, Kwinana Town Centre WA 6167, Australia during the period from 18/04/23 to 23/05/23.

All prizes:

• Any ancillary costs associated with redeeming a voucher or gift card are not included. Any unused balance of a voucher or gift card will not be awarded as cash. Redemption of a voucher or gift card is subject to any terms and conditions of the issuer including those specified on a voucher/gift card.

Winner notification:

The Daily Draws Prize winners will be contacted by email within two (2) days of each draw.

Unclaimed Prizes:

Daily Draws Prize must be claimed by 23/05/23 at 12:00 pm AWST. In the event of any unclaimed Daily Draw Prizes, the Daily Draw Prizes will be redrawn on 24/05/23 at 12:00 pm AEST at Plexus, Level 4, 411 Collins Street, Melbourne VIC 3000. The winners of the redraw will be notified by email within two (2) days of the redraw.

Further Terms:

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, businesses involved in determination of winner/s for the Promotion, businesses involved in the management of the Promotion, any organisation benefiting from the Promotion, the Promoter’s 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. In the event that an entrant returns the item(s) purchased relating to the Qualifying Spend after winning a prize, the Promoter reserves the right to require the entrant to return the prize or otherwise repay the value of the prize. The Promoter also reserves the right to disqualify any entrant who has returned item(s) purchased from making any further entries (in this Promotion or any other promotional offers conducted).
6. Retailers and family cannot collect gifts on behalf of customers, Promoter may also request to see goods purchased as evidence of purchase.
7. 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.
8. Instant Win:
   1. Winners will be notified immediately upon scratching the game card if they have won an Instant Win Prize.
   2. To redeem the prize, the winner must present their winning game card to staff at the same Promotion Desk of receipt by 22/04/23 at 4:00 pm AWST.
   3. Instant win game materials void if stolen, forged, mutilated or tampered with in any way.
9. Daily Draws:
   1. There will be one (1) draw conducted for the entries received each day of the Promotional Period, for a total of 6 draws (“Daily Draws”). Subject to the starting and closing time of the Promotional Period, entries into each Daily Draw will open and close each day based on WA local time. Each Daily Draw will take place at Plexus, Level 4, 411 Collins Street, Melbourne VIC 3000 at 12:00 pm AEST on the business day after entries close for that Daily Draw, with the first Daily Draw taking place on 18/04/23 and the last Daily Draw taking place on 24/04/23. For the removal of doubt, no draws will be conducted during the weekend or on a public holiday in VIC. Entries in each Daily Draw will NOT be entered into any subsequent Daily Draw(s).
      1. The Promoter may draw additional reserve entries in case of ineligible or invalid entries.
      2. The first valid entry drawn in each Daily Draw will be the winner of the prize specified in the Schedule above.
   2. 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.
10. All reasonable attempts will be made to contact each winner.
11. 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.
12. Where entry is allowed by purchase or subscription, the cost of the product or service is no greater than the cost would be without the opportunity to participate in the Promotion.
13. Entrants must keep their proof of purchase specified in the How to Enter section for each entry as proof of purchase ("Proof of Purchase"). If an entrant fails to produce the Proof of Purchase for a specific entry or each entry, as and when requested by the Promoter, the Promoter has the right to invalidate the entrant's respective entry/entries for which Proof of Purchase cannot be provided and/or all entries submitted by that entrant and/or forfeit the entrant's right to a prize. Purchase receipt(s) must clearly specify: (a) the store of purchase as an eligible store; (b) the required product/s or service/s to be purchased for entry; and (c) that the purchase was made during the Promotional Period and prior to entry
14. 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.
15. No part of a prize is exchangeable, redeemable for cash or any other prize or transferable, unless otherwise specified in writing by the Promoter.
16. 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 specification.
17. No entry fee is charged by the Promoter to enter the Promotion.
18. Each prize will be awarded to the person named in the entry and any entry that is made on behalf of an entrant or by a third party will be invalid. 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.
19. 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://regiongroup.au/wp-content/uploads/2022/12/Privacy-Policy_July-2021.pdf for Kwinana Marketplace. 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.
20. 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 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.
21. 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.
22. 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).
23. 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.
24. 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.
25. The Promoter reserves the right to disqualify entries in the event of non-compliance with these Conditions of Entry. In the event that there is a dispute concerning the conduct of the Promotion or claiming a prize, the Promoter will resolve the dispute in direct consultation with the entrant. If the dispute cannot be resolved the Promoter’s decision will be final.
26. 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).
27. 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.
28. 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.
29. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.