Terms and Conditions

Participation in the Promotion



1. By participating in the Promotion, the Participant agrees to these Terms and Conditions. These Terms and Conditions incorporate the ‘Particulars’ section (above) which sets out some of the key details and rules of the Promotion.
2. The Participant may enter the Promotion the number of times specified in the Maximum Number of Entries Permitted during the Promotional Period.
3. To participate in the Promotion, the Eligible Person must during the Promotion Period:
   1. complete the Entry Method for Eligible Entry (subject to any Eligibility Restrictions) specified during the Promotion, Period; and
   2. if the Eligible Person is under the age of 18 years, be consented to by a parent or guardian of the Eligible Person and any relevant consent form signed where applicable.
4. For Promotions which include Participating Retailers the Promoter (in its reasonable discretion) has the right to add or to remove a Participating Retailer from the list of Participating Retailers at any time.

   The Promotion

5. The Promotion will be conducted at the Centre during the Promotion Period. The Promotion will start on the Start Date and end on the End Date of the Promotion Period or when the Number of Gifts has been exhausted, whichever is sooner.

   Eligibility

6. The Promotion is only open to Eligible Persons.
7. The Promoter reserves the right, at any time, to verify the eligibility of any Participant (including a Participant’s identity, age and place of residence) and to disqualify any Participant who does not comply strictly with these Terms and Conditions or who tampers with the entry process. Incomplete, indecipherable or illegible entries will be deemed invalid. If requested by the Promoter, a Participant must provide the Promoter with evidence of eligibility. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

   The Gift

8. The Gift Description, Number of Gifts and Total Gift Pool Value are specified in the ‘Particulars’ section. The Gifts will be delivered to the recipients of the Gifts (Gift Recipients) in accordance with the Gift Delivery Method.
9. Where the use of the Gift is subject to Gift Conditions and Restrictions any other terms and conditions of a Gift provider other than the Centre, any dispute in relation to those terms and conditions must be directed to that party and the Promoter has no responsibility for resolving such disputes.
10. If a Gift Recipient is under the age of 18 years, the parent or guardian of the Gift Recipient who gave permission for entry into the Promotion will be deemed to be a Gift Recipient for the purposes of the Promotion.
11. The Gifts are not transferable, refundable or exchangeable and cannot be taken as cash.

    Other General Terms

12. All Promotion entries are the property of the Promoter.
13. If any Gift is not allocated by the end of the Promotion Period, the Promotion Period may be extended at the Promoter’s discretion.
14. The Promoter shall not be liable for:
    1. any Loss whatsoever that is suffered (including, but not limited to, indirect or consequential loss); or
    2. any personal injury suffered or sustained, during the course of participating in this Promotion or using the Gift, except for and to the extent that any liability cannot be excluded by law.
15. Each Participant indemnifies and keeps indemnified the Promoter against all claims and Losses suffered or incurred by the Promoter or any third parties arising out of the breach of these Terms and Conditions by the Participant, the conduct of the Participant in the Gift or the use of the Gift by the Participant.
16. 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 reasonable discretion, to the fullest extent permitted by law and subject to any written directions from a regulatory authority (if any) to:
    1. disqualify any Participant; and/or
    2. modify, suspend, terminate or cancel the Promotion as appropriate.
17. If the Promotion is conducted, administered or promoted on Facebook and/or on Instagram or if the Promoter publishes information or Prize Winners on Facebook and/or Instagram, then the Participant agrees to follow and act in accordance with the Facebook Terms of Service, which can be viewed at https://www.facebook.com/terms.php and/or Instagram’s Terms of Use, which can be viewed at https://help.instagram.com/581066165581870/?helpref=hc_fnav. The Promotion is not sponsored, endorsed, administered by, or associated with, Facebook and/or Instagram. The Participant agrees that Facebook and/or Instagram will not be responsible for any claims and Losses of any kind associated with this Promotion and releases Facebook and/or Instagram to the full extent permitted by law.
18. Any information provided by the Participant in this Promotion is being provided to the Promoter and not to Facebook or Instagram.

    Privacy

19. Under the Privacy Act 1998 (Cth), the Promoter must notify Participants of certain matters when it collects personal information about them including how it plans to use or disclose it. If a Participant chooses to enter or take part in the Promotion, the Participant may be required to provide the Promoter with personal information about themselves set out in Personal Information Required from Participant item of the ‘Particulars’ section, amount of transaction and store of transaction.
20. The Promoter will collect, use and disclose the personal information which the Participant has provided for the purpose specified in the Centre’s Use of Personal Information set out in the ‘Particulars’ section (generally for notification, promotional and marketing purposes) and in accordance with the Promoter’s Privacy Policy at https://www.qic.com.au/privacy-policy. The Promoter will not collect, use and disclose the personal information of the Participant for any other purpose.
21. By entering the Promotion, the Participant consents to the collection, use and disclosure of his or her personal information in the manner outlined in these Terms and Conditions.
22. If a Participant would prefer that the Promoter does not use or disclose the Participant’s personal information in the way outlined in these Terms and Conditions and/or retain their personal information for the purposes described herein, the Participant should contact the Promoter.
23. A Participant has the right to access, in most circumstances, personal information which the Promoter holds about the Participant. A Participant may contact the Promoter to ask for access to the Participant’s personal information, or if the Participant has a complaint concerning a Participant’s information privacy. The Promoter may deny the participant’s request for access in reasonable circumstances. If the Promoter does this, it will tell the Participant why.
24. The Promoter's Privacy Policy contains further information on its processes in relation to access to and correction of personal information, about how a Participant may complain about a breach of the Australian Privacy Principles and how the Promoter will deal with such a complaint. The Promoter's Privacy Policy is available at the Centre’s website.
25. If a Participant considers that any personal information that the Promoter holds about the Participant is inaccurate or if at any time the Participant’s details change, the Participant may contact the Promoter and the Promoter will take reasonable steps to ensure that such personal information is corrected. The Promoter will take reasonable steps to keep personal information secure from misuse, interference, loss or unauthorised access, modification or disclosure.

    Governing law

26. These Terms and Conditions are governed under the laws of the applicate jurisdiction noted in the ‘State Competition is being held’ item of the ‘Particulars’

Definitions

Any capitalised term used in these terms and conditions that are not defined in this ‘Definitions’ section and described in the ‘Particulars’ section will have the meaning given in the ‘Particulars’ section.

"Centre" means the Shopping Centre specified in the ‘Particulars’ section.

"Eligible Person" means an individual who:

1. is a resident of the relevant state/territory the Centre is located within;
2. if under 18 years of age, has a parent or guardian’s permission to participate in the Promotion;
3. is not a Non-Eligible Person; and
4. submits a Qualifying Registration subject to any Eligible Transaction exclusions.

"Eligible Transaction" means a transaction made by an Eligible Person who makes a purchase at a Participating Retailer during the Competition Period. For the avoidance of doubt, payment for services (e.g. electricity, gas, telephone), registrations (e.g. motor vehicle registration), premiums (e.g. insurance and health fund premiums), rates, electronic receipts (on phones) or ‘click and collect" (online purchases), subscriptions, medical and cosmetic services, TAB, liquor and cigarette purchases, deposits or payments to financial institutions or any similar payments (including payments made to Australia Post, lay-by transactions, newsagency and lotteries purchases) will not qualify as an Eligible Transaction.

"Losses" means all liabilities, losses, damages, costs and expenses suffered or incurred by any person whether arising in contract or tort (including negligence) or under any statute or under any other cause of action, and "Loss" has a corresponding meaning.

"Non-Eligible Person" means the following:

1. owners and managers of the Centre;
2. retailers of the Centre;
3. suppliers, associated companies and agencies of the Centre;
4. the employees or contractors of the persons and entities in paragraphs (a) – (c); and
5. any spouse, child, de facto or any other person living at the same premises as any of the persons mentioned in paragraphs (a) – (d).

"Gift" means one of gift or any substitute Gift of a similar replacement type and value as determined by the Promoter. Participants may only receive one (1) Gift.

"Gift Recipients" mean an Eligible Person who submits a Qualifying Registration that is able to claim a Gift in accordance with these Terms and Conditions.

"Participant" means any person who participates in the Promotion.

"Participating Retailers" means the retailers included in the list of Participating Retailers.

"Promoter" means the owner of the Centre and its personnel.

"Promotion" means submitting a Qualifying Registration for the opportunity to receive a Gift in accordance with these Terms and Conditions.

"Promotion Period" means the period specified in the ‘Particulars’ section.

"Qualifying Registration" means a registration which complies with the Eligibility Restrictions set out in the ‘Particulars’ section.