“Shop & Win” Competition Terms & Conditions
SCHEDULE
Competition | Shop & Win |
Promoter | Dato Holdings Pty Ltd ABN 65 781 597 235 PO Box 458 WEST PERTH WA 6005 c/o 303MullenLowe (Promoter) |
Permit(s) obtained for the Competition | N/A |
Participating Retailers | All listed major and specialty retailers at Kardinya Park Shopping Centre. “Specialty Retailer” refers to any retailer at Kardinya Park Shopping Centre providing a valid purchase receipt, including non-prescribed medication purchase from Terry White Chemmart, but excluding Coles, Kmart, Liquorland, ANZ Bank, Westpac Bank and H&R Block. “Major Retailer” refers to Coles and Kmart. Liquorland, ANZ Bank, Westpac Bank and H&R Block are not participating retailers in this promotion. Any items, the purchase of which the Landlord or relevant retailer is prohibited from providing an incentive (such as this competition), will not count towards qualifying spending, including but not limited to the purchase of gift cards, alcohol, lotto, cigarettes, and tobacco products. |
Entry – Residency Restriction | Entry is only available to residents of Western Australia (WA). |
Entry – Age Restriction | Entry is only available to persons over 18 years of age. |
Entry – Association Restriction | Kardinya Park Shopping Centre staff are ineligible to enter. |
Competition Period | The competition will run for each month of the ‘Total Promotion Period’ (21 October 2024 to 28 February 2025), as set out in the below schedule:
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How to Enter | To enter the Competition, each entrant must, during the Competition Period:
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Are multiple entries permitted? | A maximum of one eligible entry per day is permitted, with only a single proof of purchase receipt allowed, from either of the two spending tiers as stated in the “How to Enter” section of this schedule. The purchase thresholds must be met in a single transaction, and only a single receipt received is eligible. |
Receipt of Entries | The time each entry is received will be either:
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Prize(s) – Description | Competition entrants will go into the draw to win an MG3 car valued at $18,490.00 AUD. The prize is personal to the winner of the competition and is not transferrable to any other party or redeemable for cash or any other item. |
Total Number of Prizes | 1 |
Total Prize Pool | An MG3 car valued at $18,495.00 AUD |
Prize Draw | The winner will be drawn at random from consolidated eligible physical and digital competition entries at 303Mullenlowe offices located at Level 2, 242 Murray Street, Perth WA 6000 at 12:00PM on 1st March 2025. |
Notifying Winners | The winner will be contacted directly via phone and email and is required to arrange to collect their prize from the Centre Management office at Kardinya Park Shopping Centre within 21 days of the draw date, unless other arrangements are agreed to by all parties. |
Publishing Results | Within 7 days of the Prize Draw, the name of the winner will be published at: https://kardinyapark.squarespace.com/shop-and-win The competition winner will also be announced via social media channels. |
Entrants should pay particular attention to:
Any unusual or onerous restrictions on the method of entry, if any (see the “How to Enter” section of the Schedule and Part D of these terms and conditions).
The Promoter’s potential use of photos and content uploaded as part of the Competition (see Part D of these terms and conditions); and
The Promoter’s limitation of liability (see Part I of these terms and conditions).
PART A - INTRODUCTION
1. Information on how to enter and Prize details form part of these terms and conditions.
2. By participating in the Competition, entrants accept and agree to be bound by these terms and conditions. For the avoidance of doubt, the terms and conditions include the Schedule above.
3. Entries must comply with these terms and conditions to be valid.
4. Where there is an inconsistency between the Schedule and Parts A to J of these terms and conditions, the Schedule will prevail.
PART B - PRIVACY AND COLLECTION NOTICE
5. The Promoter will collect and use each entrant’s personal information for the purposes of:
a) Conducting the Competition (which may include disclosure to third parties for the purpose of processing and conducting the Competition) and for promotional purposes, public statements and advertisements in relation to the Competition; and
b) Providing information about the products and services offered by the Promoter and its related companies and its affiliated retailers; and
c) Research to improve its products and services.
6. By entering the Competition, entrants consent to the use of their personal information as described in this clause.
7. Entrants may access, change and/or update their personal information in accordance with the Promoter’s Privacy Policy.
PART C - WHO CAN ENTER THE COMPETITION
8. If the Schedule permits entrants to be under the age of 18 years, such entrants must seek permission from their parent or guardian to enter. If the winner of a Prize is under 18 years of age, the prize will be awarded to the winner’s parent or legal guardian.
9. Directors and employees (and their immediate families) of the Promoter or its related companies or agencies and Participating Retailers of Kardinya Park Shopping Centre are not eligible to enter. Immediate families mean spouse, ex-spouse, de facto partner, ex-de facto partner, child, stepchild, parent, stepparent, legal guardian, sibling or stepsibling.
PART D – HOW TO ENTER THE COMPETITION
10. To enter, each entrant must comply with the ‘How to Enter’ section of the Schedule.
11. If the Schedule permits entrants to submit more than one entry, each entry must be unique and submitted separately.
12. An entry cannot be modified after it has been submitted.
13. The Promoter reserves the right, at any time, to request verification of the age, identity, residential address or any other information relevant to participation in the Competition of all entrants. The Promoter reserves the right to disqualify any entrant who provides false information or fails to provide information that is reasonably requested by the Promoter.
14. The Promoter reserves the right, in its sole discretion, to refuse to accept entries which are incomplete, indecipherable, offensive, do not comply with these terms and conditions or which contravene any applicable laws or regulations.
15. The eligibility of entries is solely within the discretion of the Promoter.
16. The Promoter accepts no responsibility for late, lost, misdirected or damaged entries or other communications.
17. If entry is online, by telephone or SMS, the Promoter assumes no responsibility for any failure to receive an entry or for inaccurate information or for any loss, damage or injury as a result of technical or telecommunications problems, including security breaches. If such problems arise, then the Promoter may modify, cancel, terminate or suspend the Competition.
18. If an entry is via Facebook, entrants acknowledge and agree that use of Facebook is subject to Facebook’s terms and conditions. The Promoter is not responsible or liable for any loss, damage or injury suffered by any entrant as a result of the conduct of Facebook, including any decision by Facebook to remove or not remove any content, except for liability which cannot be excluded by law. The opinions and images uploaded on Facebook as part of the Competition are not necessarily endorsed or supported by the Promoter and the Promoter does not confirm, guarantee or warrant their accuracy.
19. If an entry is via Instagram, entrants acknowledge and agree that use of Instagram is subject to Instagram’s terms and conditions. The Promoter is not responsible or liable for any loss, damage or injury suffered by any entrant as a result of the conduct of Instagram, including any decision by Instagram to remove or not remove any content, except for liability which cannot be excluded by law. The opinions and images uploaded on Instagram as part of the Competition are not necessarily endorsed or supported by the Promoter and the Promoter does not confirm, guarantee or warrant their accuracy.
PART E – PRIZE
20. Each Prize is not transferrable, exchangeable or redeemable for cash.
21. If a Prize is unavailable for reasons beyond the Promoter’s control, the Promoter reserves the right to substitute the Prize with a prize of equal or greater monetary value. This right is subject to any applicable legislation, regulations or directions from a regulatory authority.
22. Once a Prize has left the Promoter’s premises, the Promoter takes no responsibility for the Prize being damaged, lost or stolen.
23. All taxes (excluding GST, if any) which may be payable as a consequence of receiving a Prize are the sole responsibility of each winner.
24. A winner's use of a Prize is entirely at their own risk. Before a Prize is awarded, a winner may be required to sign an agreement to release the Promoter from and indemnifying the Promoter against any liability arising from the winner’s acceptance and use of the Prize and the winner’s participation in the Competition.
PART F - HOW THE WINNER(S) ARE DETERMINED
25. The winning entry or entries will be the first entry or entries randomly selected at the Prize Draw from all valid entries submitted as part of the Competition. The number of entries to be randomly selected at the Prize Draw will be the same as the total number of Prizes specified in the Schedule.
26. The mechanism for determining each winner is solely within the discretion of the Promoter.
27. Each winner will win a Prize.
PART G - NOTIFICATION AND CLAIMING THE PRIZE
28. The Promoter will provide each winner with instructions on how to claim their Prize. It is the responsibility of each winner to comply with the Promoter’s instructions.
29. The Promoter reserves the right to request each winner to provide proof of their identity and/or proof that they were responsible for the winning entry.
30. Each winner agrees to participate and cooperate, as required, in all publicity activities relating to the Competition, including, without limitation, being interviewed, photographed, filmed and recorded. Each winner authorises the Promoter to use such content for advertising and publicity purposes in any media in perpetuity worldwide.
31. It is the responsibility of each entrant to notify the Promoter of any change to their contact details.
PART H - UNCLAIMED PRIZES
32. The Promoter will take all reasonable steps to identify and notify each winner in an attempt to ensure that each winner receives their Prize. However, if a winner cannot be identified or notified or does not claim their Prize within 21 days of the Prize Draw, the Promoter will conduct an unclaimed prize draw the following month.
33. Each winner of the unclaimed prize draw will be determined and notified in accordance with Parts F and G.
PART I - NO LIABILITY
34. Any Prize supplied by a third-party supplier is subject to the terms and conditions of that third party supplier. Each Prize may come with guarantees that cannot be excluded under the Australian Consumer Law. If those guarantees are not complied with, then you will have rights under the Australian Consumer Law. Subject to those guarantees and rights, the Promoter shall not be liable and excludes all liability (including negligence) for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) for damage to property, personal injury or death suffered or sustained in connection with the Competition or the use or taking of any Prize except for any liability which cannot be excluded by law including as provided for under the Australian Consumer Law.
35. If entry is via Facebook or if the Competition is promoted on Facebook, the Competition is in no way sponsored, endorsed, administered by or associated with Facebook and each entrant agrees to grant Facebook a complete release from any claims that they now have or may have in the future which relate to or are incidental to the Competition. Entrants acknowledge and agree that:
a) Any information they provide in connection with the Competition is provided to the Promoter and not to Facebook or any other social network;
AND
b) Any questions, comments or complaints regarding the Competition will be directed to the Promoter, not to Facebook or any other social network.
36. If entry is via Instagram or if the Competition is promoted on Instagram, the Competition is in no way sponsored, endorsed, administered by or associated with Instagram and each entrant agrees to grant Instagram a complete release from any claims that they now have or may have in the future which relate to or are incidental to the Competition. Entrants acknowledge and agree that:
a) Any information they provide in connection with the Competition is provided to the Promoter and not to Instagram or any other social network;
AND
b) Any questions, comments or complaints regarding the Competition will be directed to the Promoter, not to Instagram or any other social network.
PART J - TERMINATION OF COMPETITION
37. The Promoter reserves the right to vary the terms of, or cancel, the Competition at any time without liability to any entrant or other person, subject to applicable laws.