https://www.gardencity.com.au/what-s-on/win-1-of-5-ocean-wonders-prize-packs“OCEAN WONDERS SHELLFIE COMPETITION” PROMOTION
TERMS AND CONDITIONS
1. Information 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.
2. The promoter is AMP Capital Shopping Centres Pty Limited (ABN 13 001 595 955) of 33 Alfred Street, Sydney NSW 2000 AUSTRALIA telephone (08) 9364 7911 (“Promoter”).
3. Entry is only open to Australian residents aged 18 years or over.
4. Employees (and their immediate families) of the Promoter, Garden City Perth, tenants and their employees of the promoter and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
5. This promotion will be conducted at the Garden City Perth Shopping Centre in Perth, WA (“Centre”).
6. Promotion commences at 10:30am AWST on Monday 8th July and ends at 11:59pm AWST on Sunday 21st July (“Promotional Period”).
7. To enter, individuals must complete the following steps during the Promotional Period:
• Visit the Ocean Wonders Immersive Experience in-centre at Garden City Perth and take a photo
• Share on Instagram under the hashtag #GCOceanWonders and tag @gardencityperth
• Follow @gardencityperth
8. Incomplete, indecipherable, or illegible entries will be deemed invalid.
Multiple entries permitted, subject to the following: (a) each entry must be submitted separately and in accordance with entry requirements.
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 reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. 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. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
10. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
11. The draw will take place at Garden City Perth located at 125 Riseley Street, Booragoon WA 6153 before 5pm AWST on Monday 22nd July (“Draw”). The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. An entrant [does not/does] need to be in attendance at the Draw in order to win a prize.
12. Winner(s) will be notified by Direct Message on Instagram and/or by public Instagram Stories within two (2) business days of the Draw.
13. The Promoter’s decision is final and no correspondence will be entered into.
The first five valid entries drawn will win:
1 x Garden City Gift Voucher to the value of $100 AUD and
2 x WA Maritime Museum Annual Boarding Passes
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If for any reason a winner does not claim a prize (or an element of the prize) within three months of
the determination of the winner of a lottery, the promotor will notify NSW Fair Trading and redetermine
any winner of the prize in accordance with the directions of NSW Fair Trading.
14. If any prize (or part of any prize) is unavailable, the Promoter, in its discretion, reserves the right to
substitute the prize (or that part of the prize) with a prize to the equal value and/or specification,
subject to any written directions from a regulatory authority.
15. Total prize pool value is $160.00
16. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as
cash, unless otherwise specified.
17. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are
a winner (including photograph, film and/or recording of the same) in any media for an unlimited
period without remuneration for the purpose of promoting this promotion (including any outcome), and
promoting any products manufactured, distributed and/or supplied by the Promoter.
18. 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, including but not limited
to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole
discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) subject to any
written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion,
as appropriate.
19. Any cost associated with accessing the promotional website and Instagram is the entrant’s
responsibility and is dependent on the Internet service provider used.
20. 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.
21. Entrants agree that they are fully responsible for any materials they submit via the promotion including
but not limited to comments, recordings and images (“Content”). The Promoter shall not be liable in
any way for such Content to the full extent permitted by law. The Promoter may remove or decline to
publish any Content without notice for any reason whatsoever. Entrants warrant and agree that:
(a) they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in
breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene,
derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening,
objectionable with respect to race, religion, origin or gender, not suitable for children aged under
15, or otherwise unsuitable for publication;
(b) their Content shall not contain viruses or cause injury or harm to any person or entity;
(c) they will obtain prior consent from any person or from the owner(s) of any property that appears in
their Content;
(d) the Content is the original work of the entrant that does not infringe the rights of any third party;
(e) they consent to any use of the Content which may otherwise infringe the Content
creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they
have the full authority to grant these rights; and
(f) they will comply with all applicable laws and regulations, including without limitation, those
governing copyright, content, defamation, privacy, publicity and the access or use of others'
computer or communication systems.
Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach
of the above terms.
22. As a condition of entering this promotion, each entrant licenses and grants the Promoter, its affiliates
and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable
right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) for
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any purpose, including but not limited to future promotional, marketing or publicity purposes, in any
media, without compensation, restriction on use, attribution or liability.
23. 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 NSW
(“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.
24. Except for any liability that cannot by law be excluded, including the Non-Excludable 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) taking/use of a
prize.
25. As a condition of accepting a prize, each winner must sign any legal documentation as and in the
form required by the Promoter and/or prize suppliers in their absolute discretion, including but not
limited to a legal release and indemnity form.
26. Entry and continued participation in the promotion is dependent on entrants following and acting in
accordance with the Instagram Terms of Use which can be viewed at
http://instagram.com/legal/terms/This promotion is in no way sponsored, endorsed or administered by, or associated with Instagram.
Entrants understand that they are providing their information to the Promoter and not to Instagram.
The information an entrant provides will only be used for the purposes outlined in these Terms and
Conditions. Any questions, comments or complaints about this promotion must be directed to the
Promoter and not to Instagram. Instagram will not be liable for any loss or damage or personal injury
which is suffered or sustained by an entrant, as a result of participating in the promotion (including
taking/use of a prize), except for any liability which cannot be excluded by law.
27. The Promoter collects personal information ("PI") in order to conduct the competition and may, for this
purpose, disclose such PI 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 PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can
be viewed at
www.ampcapital.com. In addition to any use that may be outlined in the Promoter’s
Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for
promotional, marketing, publicity, research and profiling purposes, including sending electronic
messages or telephoning the entrant. The Privacy Policy also contains information about how
entrants may opt out, access, update or correct their PI, how Australian entrants may complain about
a breach of the Australian Privacy Principles or any other applicable law and how those complaints
will be dealt with. All entries become the property of the Promoter. Unless otherwise indicated by the
Promoter, the Promoter may disclose personal information to entities outside of Australia (see the
Promoter’s Privacy Policy for details).
NSW Permit No. LTPM/18/03547
Australian Competitions Club
