Win a magical European Wonderland trip! Emporium Melbourne

Terms and Conditions – WIN A MAGICAL EUROPEAN WONDERLAND TRIP
General
1) The promoter of this competition is Vicinity Centres PM Pty Ltd (ACN 101 504 045 / ABN 96 101 504 045) as disclosed agent
for the owners of Emporium Melbourne, Melbourne Corporate Office, 1341 Dandenong Road, Chadstone Victoria 3148 (the
Promoter).
2) This competition is being run at Emporium Melbourne, 287 Lonsdale Street Melbourne VIC 3000 (the Centre) during the
Promotional Period.
3) Information on how to enter and prizes forms part of these Terms and Conditions. Entry into the competition is deemed
acceptance of these Terms and Conditions (and any alterations to them).
4) If there is any inconsistency between these Terms and Conditions and anything else that refers to this competition, these
Terms and Conditions will prevail.
Who can enter
5) Entry is open to all residents of Victoria over the age of 18 who is available to take the Prize and travel between 5 November
2017 and 10 December 2017 (subject to Tour dates) , except employees, contractors, agents of Emporium Melbourne,
sponsors of the Promotion and their immediate families; employees of Vicinity Limited or related body corporate and their
immediate families; tenants in Emporium Melbourne and their immediate families; the staff of tenants in Emporium
Melbourne and their immediate families; the contractors of tenants in Emporium Melbourne and their immediate families;
the proprietors and staff of companies involved in the production, publishing and administration of the Promotion and their
immediate families. Immediate families means spouse, defacto spouse, parent, child or sibling (whether natural or by
adoption) and grandparents. Tenant means lessees, licensees and, in the case of a corporation, includes their directors.
When to enter
6) The competition commences on Thursday 1 December 2016 at 00:01am AEST and concludes on Thursday 22 December
2016 at 11:59pm AEST (the Promotional Period). Entries must be received by the Promoter prior to the end of the
Promotional Period.
7) The time of entry will in each case be the time the online entry form is received by the www.emporiummelbourne.com.au
website (and is viewable by the Promoter), not at the time of transmission by the entrant.
8) The Promoter accepts no responsibility for any late, lost, delayed, incomplete, illegible, incorrectly submitted or misdirected
entries claims or correspondence.
How to enter
9) The details of how to enter the competition are set out at www.emporiummelbourne.com.au
10) Entrants must, during the Promotional Period, enter the competition by:
 Completing the online entry form on www.emporiummelbourne.com.au by entering their full name, phone
number, email address and postcode;
 Answer the question ‘What magic means to you at Christmas time’ in 25 words or less; and
 Opt to become a E List email database member (if not already registered).
11) The Promoter is not liable for any problems with communications networks. Entrants are responsible for their own costs
associated with entering. If an entrant enters using automatically generated entries or multiple aliases, they may be
disqualified.
12) Any entry that is made on behalf of an entrant by a third party will be invalid, unless the entrant requires the assistance of a
third party to enter due to a disability.
WINTER WONDERLAND COMPETITION 2
13) If an entrant or an entry is deemed by the Promoter to breach these Terms and Conditions, including if the Winner is unable
to travel between Sunday 5 November 2017 and Sunday 10 December 2017the entry may be disqualified and the Promoter
reserves the right to select an alternate winner of the Prize. All bookings for the Prize (comprising the Flight and Tour) need
to be finalised and made by Tuesday 31 January 2017.
Number of entries permitted
14) Entrants can only enter the Promotion once.
Judging and notification of winners
15) This is a game of skill. At the end of the Promotional Period, judges (as appointed by the Promoter) will review each valid
entry and will judge the entries based on creativity and originality to determine the winners. Chance plays no part in how
the winners will be selected.
16) The first valid entry judged to be the best will win the Prize (the Winner).
17) The judges will determine the Winner by Friday 23 December 2016. The Winner will be notified by phone and email within
two days of being determined and will be published on www.emporiummelbourne.com.au by Wednesday 28 December,
2016.
18) Should an entrant’s contact details change during the Promotional Period following submission of an entry form, it is the
entrant's responsibility to notify the Promoter. A request to access or modify any information provided in an entry should
be directed to the Promoter.
19) The Winner will have until 5pm AEST on Tuesday 17 January 2017 to claim the Prize. If the Prize remains unclaimed at this
time and date, the Winner will forfeit their right to the Prize and the Promoter reserves the right to award the Prize to the
next best valid entry, in the Promoter's absolute discretion. Any such alternate winner determined in this manner will be
notified by phone and email within two days of being determined, and will be published on
www.emporiummelbourne.com.au shortly after being determined. The alternate winner will have 1 week to claim the
prize and if they do not claim the prize within this time frame, the Promoter may (in its absolute discretion) retain the prize
and is under no obligation to find a further alternate winner.
Prize
20) There is one major prize valued at up to $$16,900 (including GST), consisting of:
a) six (x6)night tour for the Winner and an adult companion (the Companion) to attend the Abercrombie & Kent
“Christmas Markets of Europe – Two Winter Wonderlands” Tour, on dates specified by Abercrombie & Kent (the Tour);
and
b) two (x2) return economy adult airfares from Melbourne to Berlin, Germany (including airfare taxes but excluding any
airport transfers) (the Flight),
(together the Prize).
21) The total Prize value is current as at Monday 21 November 2016.
22) The following terms apply to the prize:
a) The Flight must be booked to coincide with the Tour dates available by Abercrombie & Kent. Flights will be selected at
the discretion of the Promoter based on dates and best airfare available.
b) The Winner will need to be available to travel during the Tour dates specified by Abercrombie & Kent (to be confirmed).
c) The Tour and Flights are subject to booking and availability.
d) The Winner and Companion must depart Melbourne and return to Melbourne on the same Flight and must, at their
own expense, make their way from their residence to Tullamarine Airport, Melbourne for flight departure.
e) Frequent Flyer points and any other airline loyalty points or credits cannot be claimed or redeemed.
f) A credit card imprint or cash deposit may be required from the Winner at check-in to a hotel during the Tour, for all
incidental charges.
g) Once the Abercrombie & Kent Tour vouchers are issued they are non-changeable.
WINTER WONDERLAND COMPETITION 3
h) Any fees for changes made by the Winner or their Companion to the prize after it has been booked must be paid by the
Winner and/or Companion as applicable.
i) Travel insurance, at the Winner’s own expense, is highly recommended to protect against the additional costs incurred
in the event of unforeseen circumstances.
j) The Winner is responsible for ensuring that they and their Companion are fit to travel and have received appropriate
immunisations and/or health checks prior to travel.
k) The Winner and their Companion are responsible for complying with health and any other government requirements
that may apply to the prize.
l) All travel will be subject to the relevant carrier’s General Conditions of Carriage. The Winner and the Companion is
responsible to ensure that they have valid travel documentation, including valid passports and visas, which meet the
requirements of government authorities at the relevant destinations. Any fines, penalties, payments or expenditures
incurred as a result of such documents not meeting the requirements of those authorities will be the sole responsibility
of the traveller/s.
m) The Promoter makes no representation as to the safety, conditions or other issues that may exist at any destination.
Entrants should obtain travel advice from independent sources, such as the web site of the Australian Department of
Foreign Affairs and Trade.
23) The Winner and their Companion are responsible for all other costs related to the Prize, including but not limited to any
(additional) travel costs, accommodation, meals and activities other than as provided as part of the Tour, insurance
(including excesses), spending money and additional taxes.
24) The Promoter accepts no responsibility if the Abercrombie & Kent Tour is abandoned, cancelled or postponed for any
reason (by Abercrobmie and Kent or otherwise) and the Winner and their Companion will not be given any cash or
alternative tickets as a substitute. In such circumstances the Winner is still eligible to claim the Flight as long as they are still
taken on the original dates of booking, and are responsible for costs of alternative accommodation.
25) The Prize cannot be transferred, exchanged or redeemed for cash. Without limiting any other term of these Terms and
Conditions, the Prize must be taken as and when specified, or will be forfeited with no replacement. Entrants 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.
The Promoter accepts no responsibility for change in prize value between now and the ultimate prize redemption date.
26) Independent financial advice should be sought as tax implications may arise as a result of accepting a prize. If for GST
purposes this competition results in any supply being made for non-monetary consideration, entrants 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.
27) All entrants agree that if they win the Prize, they will not, and their Companion will not, sell or otherwise provide their story
and/or photographs in relation to the Prize and competition to any media or other organisation (whether for commercial
gain or otherwise). Photographs in relation to the Prize and competition are allowed for personal non-commercial use only
and otherwise will be allowed only at the discretion of the Promoter.
28) Entrants acknowledge and accept that activities that form part of the Prize may be inherently dangerous and may result in
death, injury, incapacity, damage to property or other losses. The Promoter is not responsible for any acts of god, such as
adverse weather conditions or industrial action or civil commotion that may take place. The Winner must make his or her
own enquiries about local issues and conditions at destinations prior to travel.
29) By accepting or participating in the Prize, the Companion is deemed to accept these Terms and Conditions. The Promoter
reserves the right to request that a Companion confirms acceptance of these Terms and Conditions in writing.
Further conditions
30) The Promoter’s decision is final and the Promoter will not enter into correspondence regarding the competition result or
any other decisions the Promoter makes in connection with the competition. Failure by the Promoter to enforce any of its
rights at any stage does not waive those rights.
31) Entrants must not:
(a) tamper with the entry process;
WINTER WONDERLAND COMPETITION 4
(b) engage in any conduct that may jeopardise the fair and proper conduct of the competition;
(c) act in a disruptive, annoying, threatening, abusive or harassing manner;
(d) do anything that may diminish the good name or reputation of the Promoter or any of its related entities or
of the agencies or companies associated with this competition;
(e) breach any law; or
(f) behave in a way that is otherwise inappropriate.
32) The Winner is responsible for their Companion and the Promoter may disqualify all entries from, and prohibit further
participation in this competition by, the Winner or their Companion if they breach these conditions, whether or not legally
bound by them.
33) If the Winner (or their Companion), in the opinion of the Promoter, is intoxicated, under the influence of alcohol or any
other drug, behave aggressively or offensively, or behave in a manner which may diminish the good name or reputation of
the Promoter or any of its related entities or the 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) from
participating in any elements of the Prize, at its discretion.
34) 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.
35) Winners (and their Companion) must take part in all publicity, photography and other promotional activity as the Promoter
requires, without any compensation. Winners (and their Companion) consent to the Promoter using their entry, names and
images in any promotional or advertising activity.
36) By entering, an entrant warrants that their entry does not breach any third party rights (for example, intellectual property
rights) and its use by the Promoter or any other person will not breach such rights nor otherwise breach any law (for
example, it is not defamatory, in contempt of court or in breach of any privacy law). Entries must not be obscene, offensive,
malicious, discriminatory, indecent or (in the Promoter's opinion) otherwise objectionable or inappropriate (for example it
must not include nudity or language the Promoter deems offensive).
37) Nothing in these Terms and Conditions restricts, excludes or modifies any consumer rights under any statute including the
Competition and Consumer Act 2010 (Cth).
38) Subject to the previous paragraph, the Promoter and the 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).
39) By participating in the Promotion, entrants agree that the Promoter may use information provided on an entry form or in
connection with claiming the Prize in accordance with Vicinity Centres’ Privacy Statement. A copy of Vicinity Centres’
Privacy Statement will be available for viewing at Centre Management Office, Emporium Melbourne or at
http://www.vicinity.com.au/privacy-policy.
40) By participating in the Promotion, each entrant acknowledges and agrees that the Promoter collects personal information
about entrants for the purposes of:
a) including entrants in the Promotion and, where appropriate, awarding Prizes; if the personal information
requested is not provided, the entrant may not participate in the Promotion; and
b) enabling the Promoter to use the information to assist the Promoter in improving goods and services and to
contact the entrant in the future with information on special offers or provide entrants with marketing materials
via any medium including mail, telephone and commercial electronic messages (SMS (Short Message Service),
MMS (Multimedia Message Service), IM (Instant Messaging) and email) or any other form of electronic, emerging,
digital or conventional communications channel whether existing now or in the future. The Promoter may share
information with its Australian related companies or promotional partners, who may contact the entrant with
special offers in this way. By entering the Promotion, an entrant agrees that the Promoter may use the entrant's
personal information in this