Win a $5,000 Westfield gift card!

TERMS AND CONDITIONS FOR “#HAPPY GIVING GIFT CARD” PROMOTION
TERMS AND CONDITIONS FOR “#HAPPY GIVING GIFT CARD” PROMOTION
1. Information on how to enter and prizes form part of these Terms and Conditions. Participation in this “#HappyGiving Gift Card” Promotion (“Promotion”) is deemed acceptance of these Terms and Conditions.
ELIGIBILITY
    Subject to condition 3, this Promotion is only open to Australian residents (excluding TAS and NT residents) aged 13 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.
    The following are ineligible: (i) employees of the Promoter, the Scentre Group or any of the tenants or retailers in any Westfield Shopping Centre or any of the Promoter’s agencies that are associated with the Promotion; (ii) the spouse, defacto spouse, parent, child or sibling (whether natural or by adoption) of an excluded employee; and (iii) any person who the Promoter has previously notified is not permitted to enter the Promoter’s promotions.
PROMOTION PERIOD
4. This Promotion commences at 9:00am Australian Eastern Daylight Savings Time (“AEDST”) on 01/12/2014 and ends at 11:59pm AEDST on 14/12/2014 (“Promotion Period”).
HOW TO ENTER
    To be eligible to enter, eligible individuals must, during the Promotion Period, take an original photograph of what they would like for Christmas.
    To enter, eligible individuals must then, during the Promotional Period, either:
        (a) upload their photograph via the ‘#HappyGiving’ App (hosted by OfferPop) located in the Apps section of the Westfield Facebook Page (https://www.facebook.com/Westfield), with the post containing the hashtag #HappyGiving. Entrants must act in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at www.facebook.com/terms.php; or
        (b) upload their photograph via Instagram, with the post containing the hashtag #HappyGiving. Entrants must act in accordance with Instagram’s requirements and terms of use at all times, which can be viewed at http://instagram.com/about/legal/terms/.
    For the avoidance of doubt, entrants’ Facebook post and Instagram profiles must be on public display and contain adequate details to allow the Promoter to identify the entrant for the entrant to be eligible for entry.
    By entering this Promotion, entrants consent to the Promoter publishing their entry/entries on any Westfield owned website or social media channel. The Promoter reserves the right, at any time, to refuse to accept any entry or remove any entry from display that it deems, in its absolute discretion, to be obscene, offensive or inappropriate, or infringing upon the rights of any third party.
LIMITS ON ENTRY
9. Limit of one (1) entry permitted per eligible person.
DRAW DETAILS
10. The draw will take place at Anisimoff Legal, Suite 3, Erina Plaza, 210 Central Coast Highway, Erina, NSW 2250 on 17/12/2014 at 12:30pm AEDST. The Promoter reserves the right to draw reserves in case of an invalid entry or invalid entrant.
WINNER NOTIFICATION
11. The provisional winner will be notified within two (2) business days of the draw according to their entry method: (a) for entries submitted on Facebook – via their Facebook account; or (b) for entries submitted via Instagram – via their Instagram account. A provisional winner will only be deemed a winner once verified by the Promoter. The winner’s name will also be published in The Australian on 24/12/2014.
PRIZES
    The first valid entry drawn will win Westfield Gift Cards to the value of $5,000.
    Westfield Gift Cards are valid for twelve (12) months from the date of issue. Any ancillary costs associated with redeeming the Westfield Gift Card are not included. Any unused balance of the Westfield Gift Card will not be awarded as cash. Westfield Gift Cards are issued by Scentre Gift Cards Pty Ltd ACN 113 171 663. Westfield Gift Card terms and conditions apply. Westfield Gift Cards are only redeemable at accepting retailers. Details of accepting retailers can be found at https://www.westfieldgiftcards.com.au/Online.
UNCLAIMED PRIZE DRAW
14. If the prize has been won but remains unclaimed, the prize will be entered into the unclaimed prize draw. The unclaimed prize draw will take place at the same time and place as the original draw on 17/03/2015. In the case
of a winner, they will be notified within two (2) business days of the unclaimed prize draw, according to their entry method: (a) for entries submitted on Facebook – via their Facebook account; or (b) for entries submitted via Instagram – via their Instagram account. The winner’s name will also be published in The Australian on 24/03/2015.
GENERAL
    Incomplete or indecipherable entries will be deemed invalid.
    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.
    If for any reason the winner does not take the prize by the time stipulated, then the prize will be forfeited and will not be redeemable for cash.
    If the prize is unavailable due to reasons beyond the control of the Promoter, the Promoter in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
    Total prize pool value is $5,000.
    Prize, or any unused portion of the prize, is not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
    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 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.
    Each entry will be subject to the approval of the Promoter and can be removed without notice. If the Promoter reasonably believes that an entrant has infringed the intellectual property of any third party or not adhered to these Terms and Conditions, that entrant will be disqualified without notice and their photograph/s removed from the Promotion
    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), and promoting any products manufactured, distributed and/or supplied by the Promoter.
    The Promoter reserves the right, at any time, to verify the validity of entries 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.
    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) subject to any written directions from a regulatory authority to modify, suspend, terminate or cancel the Promotion, as appropriate.
    The Promoter’s decision is final and no correspondence will be entered into.
    This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook or Instagram. Entrants understand that they are providing their information to the Promoter and not to Facebook or Instagram. 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 or Instagram.
    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 Scentre 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.
29. Except for any liability that cannot by law be excluded, including the Non- Excludable Guarantees, the Promoter and the Scentre 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 a prize.
PRIVACY
    In order to conduct this Promotion, 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. It is a condition of entry that the entrant agrees to being entered into the Westfield database. The Promoter and the Scentre Group 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 the 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, all information provided will be removed from our active database. To request details to be removed, please go to http://westfield.com.au/unsubscribe or write to the Digital Marketing Manager, Level 30, 85 Castlereagh Street, Sydney NSW 2000. Information will be removed as soon as reasonably possible in accordance with our Privacy Policy and applicable laws. To view the Privacy Policy, please visit http://westfield.com.au/privacy-policy. All entries remain the property of the Promoter.
    The “Promoter” is Scentre Promotion Fund Management Pty Ltd (in its capacity as The Trustee for SCENTRE PROMOTION FUND ABN 79 727
004 194) of Level 30, 85 Castlereagh Street, Sydney, NSW 2000. Telephone: (02) 9358 7000.
32. The “Scentre 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 including, without limitation, the Scentre Group Trust 1, Scentre Group Trust 2, or Scentre Group Trust 3.
NSW Permit No. LTPS/14/08704 ACT Permit No. TP14/03836