1. Instructions on how to enter and the prize(s) form part of these Terms and
Conditions. Participation in this promotion is deemed acceptance of these Terms
and Conditions. Offer not valid in conjunction with any other offer.
1. Instructions on how to enter and the prize(s) form part of these Terms and
Conditions. Participation in this promotion is deemed acceptance of these Terms
and Conditions. Offer not valid in conjunction with any other offer.
2. Entry into this promotion is free and this is a game of chance.
3. Entry to this promotion is open to all Brisbane (QLD) residents, excluding
employees, agents and contractors of the Promoter, employees of Wintergarden,
ISPT and Jones Lang LaSalle, retailers and their staff at Wintergarden and the
immediate family of the preceding people (parent, sibling, spouse or grandparent),
who are not eligible to enter.
4. Entry to this promotion is restricted to persons over 18 years of age.
5. The promotion commences at 8am (local time) on Tuesday 01 September 2020
and closes at Midnight (local time) on Sunday 27 September 2020 (“Promotional
Period”).
6. To enter, an entrant must, during the promotion period:
a. Sign up to the Wintergarden database by visiting
[https://wgarden.com.au/this-is-our-city-signup/];
b. Following the prompts to the sign up page;
c. Inputting the requested details and submitting the fully completed sign up
form.
7. Entrants may only enter once.
8. Winners will be contacted via text message, with instructions on how to claim their
prize.
9. 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. Errors and
omissions may be accepted at the Promoter's discretion. Failure by the Promoter
to enforce any of its rights at any stage does not constitute a waiver of those rights.
10.The Winners of this promotion will be drawn at random on 28 September 2020 at
10am (local time) at the Wintergarden Centre Management office.
11.The first five hundred (500) valid entries drawn will each win a $20 digital
mastercard.
12.The winner is responsible for downloading their prize from the text message
supplied to their smart phone.
a. Should the winner not have a smart phone, they will be responsible for
forwarding the text message to another smart phone and downloading to
that device. No physical gift cards will be issued.
13.Any ancillary costs associated with redeeming any prize / gift card is not included.
Any unused balance of any prize / gift card / gift voucher will not be awarded as
cash.
14.If for any reason any part of the prize is unable to be provided, Wintergarden
reserve the right to substitute any item for one of a similar value.
15.Digital mastercards are redeemable at all Wintergarden retailers that accept
mastercard, for a full list, refer to the Wintergarden website -
https://wgarden.com.au/terms-conditions/
16.Redemption of any digital mastercard is subject to any terms and conditions of the
issuer including those specified by Wintergarden.
17.Printing errors and other quality control matters will not be used as reasons for
refusing redemption of prize.
18.Any attempt to interfere in the fair running of this promotion will result in immediate
disqualification.
19.Participation in this promotion will be deemed as acceptance of these terms and
conditions.
20.Prize winners do not have to be present at the prize draw to claim their prize.
21.Wintergarden will not accept responsibility for any lost, late or misdirected entries
or entries not properly completed.
22.This promotion is offered in good faith and does not to give rise to any legal dispute
and is binding in honour only. In the case of a dispute or challenge, the decision
of the Senior Marketing Manager of Wintergarden will be final. The Promoter’s
decision is final and no correspondence will be entered into.
23.If for any reason a winner does not redeem the prize within the time stipulated by
the Promoter, then the prize will be forfeited.
24.Total prize is valued at $10,000.
25.All prizes are offered by the Promoter in good faith and prizes, or any unused
portion of a prize, are not transferable or exchangeable and cannot be taken as
cash, unless otherwise specified.
26.All Prizes must be claimed by 18 October 2020. Unclaimed prizes will be forfeited.
27.A draw for any unclaimed prizes may take place on 21 December 2020 at the
same time and place as the original draw, subject to any directions from a
regulatory authority. Winners, if any, will be notified in writing by text message.
28.By entering, each entrant agrees that the Promoter may use personal information
disclosed, in any media for future promotional, marketing and publicity purposes
without any further reference, payment or other compensation to the entrant,
including sending the entrant electronic messages. Entrants should direct any
request to access, update or correct information to the Promoter.
29.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, the Promoter reserves the right, in its sole discretion, to the fullest extent
permitted by law;
a. to disqualify any entrant; or
b. to modify, suspend, terminate or cancel the promotion, as appropriate.
30.Any cost associated with accessing the promotional website is the entrant’s
responsibility and is dependent on the Internet service provider used. The use of
any automated entry software or any other mechanical or electronic means that
allows an entrant to automatically enter repeatedly is prohibited and will render all
entries submitted by that entrant invalid.
31.All entries become the property of the Promoter.
32.Nothing in these Terms and Conditions limits, excludes or modifies 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 States and Territories of
Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by
law be excluded, including the Non-Excludable Guarantees, the Promoter
(including its respective officers, employees and agents) excludes 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.
33.Except for any liability that cannot by law be excluded, including the NonExcludable Guarantees, the Promoter (including its respective officers, employees
and agents) is not responsible for and excludes 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 prize claim that is late, lost, altered, damaged or misdirected
(whether or not after their receipt by the Promoter) due to any reason beyond the
reasonable control of the Promoter; (d) any variation in prize value to that stated
in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant;
or (f) use of a prize.
34.The Promoter collects personal information in order to conduct the promotion and
may, for this purpose, disclose such information to third parties, including but not
limited to agents, contractors, service providers, prize suppliers and, as required,
to Australian regulatory authorities. Entry is conditional on providing this
information. By opting in, entrants agree to join the Wintergarden database and
the Promoter 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. Entrants should
direct any request to access, update or correct information to the Promoter.
35.At the end of the promotion, all existing claims to prizes and entitlements will be
met notwithstanding the advertised prize pool has been extended.
36.The Promoter ensures that all security systems will be put in place to ensure that
the promotion will not be tampered with in any way or form.
37.The laws of the State of Queensland, Australia apply to this promotion to the
exclusion of any other law. Entrants submit to the exclusive jurisdiction of the
courts of Queensland, Australia.
38.The Promoter is ISPT Pty Ltd in its capacity as the Trustee for Industry
Superannuation Property Trust No. 2 (ABN 28 064 041 283), trading as
Wintergarden (ABN 70 014 228 200).
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