EXCLUSIVE HOMES WA
WIN A FORD MUSTANG – TERMS & CONDITIONS
These Terms and Conditions apply to the prize draw to be conducted held by Exclusive Homes WA for a Ford Mustang (“the Prize”).
1 ELIGIBILITY & ENTRY INTO COMPETITION
1.1 A person is eligible to be an Entrant into the Competition if:
(a) the Entrant has signed a Building Contract with Exclusive Homes WA between 10 July 2017 and 31 December 2017 which is:
(i) not subject to finance; or
(ii) subject to finance but finance is approved on or before 31 December 2017;
(b) the Entrant is an Australian resident.
1.2 A person who has satisfied the above criteria shall be automatically entered into the Competition unless they opt out by giving Exclusive Homes WA notice in writing.
1.3 Only one entry shall be permitted per Entrant.
1.4 The Entrant’s rights to enter the Competition are personal to the Entrant and cannot be assigned without the consent of Exclusive Homes WA.2 DRAWING OF PRIZE
2.1 The following provisions of this clause 2 are subject to the satisfaction of the preconditions set out in clause 4.1 below. If the preconditions in clause 4.1 are not satisfied, the alternative provisions of clause 4.2 shall apply.
2.2 Exclusive Homes WA shall conduct the Prize draw on 5th January 2018 at 12/110 Inspiration Drive, Wangara, Western Australia.
2.3 Exclusive Homes WA shall make the Prize available to the Winner for collection from 12/110 Inspiration Drive, Wangara, Western Australia during business hours from 8th January 2018.
2.4 If the Winner does not collect the Prize, Exclusive Homes WA shall deliver the Prize to the Winner at the building site which is the subject matter of the relevant Building Contract at handover.
2.5 Title and risk in the Prize shall pass to the Winner from the date that the Winner collects the Prize from Exclusive Homes WA and for the purposes of this clause, delivery of the Prize under clause 2.4, above, shall constitute collection by the Winner.
2.6 Exclusive Homes WA undertakes to:
(a) pay the stamp duty payable on the transfer of the Prize to the Winner; and
(b) have the Prize registered for compulsory third party insurance with an expiry date no earlier than 28 February 2018.
2.7 The Winner acknowledges that, other than the cost to be paid by Exclusive Homes WA under clause 2.3 above, the Winner is responsible for all other on-road costs for the Prize (including motor vehicle insurance).
2.8 The Winner acknowledges that Exclusive Homes WA has purchased the Prize for the purposes of the Competition the subject of these terms and conditions and therefore:
(a) Gives no warranty in respect of the Prize whatsoever; but
(b) will use its best endeavours to ensure that the manufacturer’s vehicle warranty is transferred to the Winner.
2.9 If the preconditions in clause 4.1 are satisfied but the Prize is lost, stolen, destroyed or damaged at any time prior to the delivery of the Prize to the Winner then Exclusive Homes may at its option deliver as the Prize:
(a) The original vehicle offered as the Prize, repaired to “as new” condition;
(b) Another unit of the same type of vehicle in the same or a different colour; or
(c) A different vehicle of equivalent value in any colour.
2.10 Exclusive Homes WA shall not be liable for any loss, damage or injury suffered as a result of the Winner accepting or using the Prize, except for liability which cannot be excluded by law.
2.11 The Winner acknowledges that the Prize is not redeemable for cash.3 OBLIGATIONS OF WINNER
3.1 The Winner must comply with all of their obligations under the Building Contract including, but not limited to, payment of all instalments of the contract price without delay or set-off.
3.2 If the Winner breaches any of their obligations under the Building Contract, Exclusive Homes WA may, in addition to any of its other rights under the Building Contract, by notice in writing require the Winner to return the Prize, undamaged, to Exclusive Homes WA at an address nominated in the notice.
3.3 If the Winner:
(a) fails to return the Prize and signed papers to transfer ownership of the Prize to Exclusive Homes WA within 7 days of receiving notice from Exclusive Homes WA under clause 3.2 above, the Winner shall, upon the expiry of the 7 days notice, become indebted to Exclusive Homes WA in the sum of $56,890 (being the agreed value of the Prize) which debt shall be recoverable in any court of competent jurisdiction by any means available in any relevant jurisdiction.; or
(b) Returns the Prize within 7 days of receiving the notice from Exclusive Homes WA under clause 3.2, above, but with any damage to the Vehicle, then Exclusive Homes shall be at liberty to repair the damage to the vehicle and the cost thereof shall be a debt due and owing by the Winner to Exclusive Homes WA and shall be recoverable in any court of competent jurisdiction by any means available in any relevant jurisdiction.4 PRECONDITIONS FOR COMPETITION DRAW
4.1 Exclusive Homes WA’s obligation to conduct the draw is conditional upon Exclusive Homes WA entering into 10 Building Contracts between 10 July 2017 and 31 December 2017 which are:
(a) not subject to finance; or
(b) subject to finance, but finance is approved on or before 31 December 2017.
4.2 If the precondition in clause 4.1 is not satisfied:
(a) Exclusive Homes WA shall be released from its obligation to conduct the draw for the Prize; but
(b) Exclusive Homes WA shall pay a cash-back amount of $3,500 to all eligible Entrants which shall be payable upon Exclusive Homes’ receipt of the final instalment payable by the Entrant on the relevant Building Contract.
4.3 Notwithstanding clause 4.2 above, an Entrant’s eligibility to receive the cash-back payment under clause 4.2(b) above is conditional upon the Entrant’s compliance with all of their obligations under the Building Contract including, but not limited to, payment of all instalments of the contract price without delay or set-off and any default under the Building Contract shall disqualify them from receiving the cash-back payment.
5.1 Exclusive Homes WA shall comply with the Privacy Act 1988 in respect of any private or confidential information that Exclusive Homes WA collects from the Entrants.
5.2 Information collected by Exclusive Homes WA from the Entrants shall remain the property of Exclusive Homes and used for the purposes of conducting the Competition draw and for performance of the Building Contract.
5.3 Entrants warrant that information collected by Exclusive Homes WA in the Building Contract is true and correct and shall update Exclusive Homes WA if there are any changes in the Entrant’s details.
All notices in connection with these Terms and Conditions must be in writing, signed by:
(a) the sender (if an individual);
(b) the director or secretary of the send (if a company);
(c) a person who has been authorised in writing to act on behalf of the sender; or
(d) the solicitor of the sender,
and marked for the attention of the intended recipient.
Communications may be:
(a) Delivered during business hours to the principal place of business from time to time of Exclusive Homes WA;
(b) Delivered to the Winner at its address in the relevant Building Contract; or
(c) sent by prepaid ordinary post (airmail, if appropriate) to the address in calsu 6.2(a) or 6.2(b) as the case may be; or
(d) by email to the email address published by Exclusive Homes WA from time to time on its website or in the case of the Winner, to the email address nominated by them by any means for the purposes of communication connected with the relevant Building Contract;
(e) given in any other way permitted by law.
However, if the intended recipient has notified a changed address, then communications must be to that address.
6.3 When Effective
Communications take effect from the time they are received or taken to be received under clause 6.2 (whichever happens first) unless a later time is specified.
6.4 When Taken To Be Received
Communications are taken to be received:
(a) If delivered, at the time of delivery;
(b) if sent by post, three days after posting; or
(c) if emailed, when the email is received by the recipient’s information system.
6.5 Receipt Outside Business Hours
Despite clause 6.4, if communications are received or taken to be received under clause 6.4 after 5.00pm-in the place of receipt or on a non-Business Day, they are to be taken to be received at 9.00am on the next Business Day and take effect from that time unless a later time is specified.
7 VARIATION & WAIVER
A provision of these terms, or a right created by them, may not be waived or varied except in writing, signed by the party or parties to be bound.
8 APPLICABLE LAW
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Western Australia and the parties agree to submit to the non-exclusive jurisdiction of its Courts.
9 INTERPRETATION AND DEFINITIONS
9.1 The terms defined have the same meanings when used throughout these Terms and Conditions.
9.2 Unless the contrary intention appears:
(a) a reference to this Terms and Conditions or any other document includes any variation or replacement of it;
(b) a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
(c) the singular includes the plural and vice versa;
(d) a reference to a person includes a reference to the person’s executors, administrators, successors, transferors, substitutes (including persons taking by novation) and assigns;
(e) an agreement, representations or warranty on the part of or in favour of two (2) or more persons binds or is for the benefit of them jointly and severally;
(f) if a period of time is specified and commences from a given day or the day of an act or event, it is to be calculated exclusive of that day;
(g) a reference to time shall mean Western Standard Time;
(h) a term or definition incorporated by reference into these Terms and Conditions remains in force notwithstanding that the document from which it was referred may at any time be no longer in force; and
(i) gender reference includes all genders.
9.3 Headings are inserted for convenience and do not affect the interpretation of these Terms and Conditions.
9.4 The following words have the following meanings:
means the a contract pursuant to which the Entrant has engaged Exclusive Homes WA to build and/or construct a new house or dwelling;
means a person who is the customer of Exclusive Homes WA who has signed a Building Contract in accordance with clause 1.1;
“Exclusive Homes WA”
means Petkovski Investments Pty Ltd [ACN 133 980 935] of 12/110 Inspiration Drive, Wangara, Western Australia trading as Exclusive Homes WA;
includes a firm, a body corporate, an unincorporated association and an authority;
means a 2.3 litre Eco Drive Mode Mustang;
means the Entrant of the winner of the draw conducted under clause 2.2;
By participating in the Competition, all Entrants agree to be bound by these Terms and Conditions and acknowledge that the promotional vehicle exhibited or depicted in marketing material is the V8 model (not the 2.3 litre Eco Drive Model) and that it is the 2.3 Litre Eco Drive model which will form the Prize and that the display model and photographs are for promotional purposes only