TERMS AND CONDITIONS FOR PROMOTIONAL OFFER
CONDITIONS OF ENTRY
1. Information on how to enter, mechanics of entry and prizes form part of these Conditions of Entry. Entry into the promotion is deemed acceptance of these Conditions of Entry. Entry is in accordance with ‘How to Enter’ of these Conditions of Entry only.
2. Entry is only open to residents of Sydney NSW aged 18 years or older who:
i. are new clients of Style Homes (SH) and who;
ii. complete and pay for their custom home concept plan; and/or
iii. obtain a quote from SH to build their Custom Designed Home (Quote) on or after 01/09/2017 to 01/03/ 2018 (inclusive) or during the Promotional Period; and
iv. pay a non-refundable Deposit within fourteen (14) days of the Quote being issued; and
v. sign the contract for the build of their Custom Designed Home within three (3) months from the date of paying the Deposit,
i. are already potential clients in the SH system and who have requested or obtained a Quote on or after 01/07/2017 but before 01/09/2017; and
ii. complete and pay for their custom home concept plan; and/or
iii. pay their Deposit before 31/09/2017; and
iv. sign the contract for the build of their Custom Designed Home within three (3) months from the date of paying the Deposit,
3. Eligible Entrants will be automatically entered into the Promotion as and when they become eligible.
4. Custom home designs are only available for construction in Sydney and Surrounding suburbs and within currently available SH construction areas.
5. The directors, management and employees (and their immediate families) of the Promoter, its related entities, printers, suppliers, providers and agencies whom are directly associated with the conduct of this promotion are ineligible to enter the promotion. 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.
6. The promotion commences at 10:00am (AEST) on 01/09/2017 and ends at 11:59pm (AEST) on 01/03/2018 (Promotional Period).
7. The Promotion will have its draw at 2051-2053 The Northern Road, Glenmore Park, NSW 2745 on the date and time AEST (depending on the date) set out below. All Entries received during a Promotional Stage will be entered into the corresponding Draw to determine one (1) winner for that Promotion. The winners will be notified personally and/or in writing within two (2) business days of the relevant Draw and their names and localities will be published on the Promoter’s Facebook page and website at stylehomes.com.au (Promotional Website) and will remain on the Promotional Website for no less than twenty-eight (28) days. All reasonable steps to notify winner of the result of the Draw will be taken by the Promoter. The Promoter’s decision is final and no correspondence will be entered into.
8. The Promoter may draw three (3) additional reserve Entries and record them (in order) in case an invalid entry or ineligible entrant is drawn or the entrant is ineligible to accept or declines to participate in the prize. Each entrant whose Entry is drawn by the Promoter must confirm their eligibility to be awarded the prize and their ability to accept and participate in the prize and complete all actions required under Condition 2(a) or (b) for eligibility within 14 business days of being successfully notified by the Promoter that their Entry has been drawn, otherwise their entry will be deemed invalid. In the event of an invalid entry or an ineligible entrant, or if the entrant is ineligible to accept or declines to participate in the prize, the prize will be awarded to the first reserve entrant drawn. If the prize cannot be awarded to the Entrant drawn, the Promoter will continue this process until the prize is awarded. If after this process a prize has still not been awarded, or if an Entrant drawn cannot be notified, the Promoter will hold an unclaimed prize draw in accordance with Condition 17. For the avoidance of doubt, only once an entrant has confirmed their eligibility to be awarded the prize and ability to participate in the prize and has completed all actions required under Conditions 2(a) or (b) and otherwise complied with the eligibility requirements will the entrant, subject to these Conditions of Entry, be an Eligible Entrant and deemed a winner.
HOW TO ENTER
9. To enter the promotion, Entrants must:
a. Complete and pay for their custom home concept plan in accordance with condition 2;
b. obtain a Quote from SH in the manner required in accordance with Condition 2;
c. pay the Deposit in accordance with Condition 2; and
d. sign the contract for the build of their Custom Designed Home in accordance with Condition 2,
(together, an Entry).
10. Entrants who enter in the manner required at Condition 9 will automatically receive one (1) entry into the promotion. Multiple Entries are permitted, however each Entry must be based on a separate Quote and Deposit for a separate home and must independently comply with these Conditions of Entry. For the avoidance of doubt, Entrants must commit to and continue toward completion of the build in the manner contractually required, including by completing the requirements under Condition 2, otherwise their Entry will be deemed invalid.
11. Each Entrant must retain and may be required to present proof of payment of their Deposit and sign any documents reasonably required by the Promoter to confirm that the Entrant will complete the build of their Custom Designed Home, in order to claim a prize. If an Entrant is unable to provide proof of payment of their Deposit and/or is unwilling to sign any documents reasonably required by the Promoter to confirm that the Entrant will complete the build of their Custom Designed Home, then all Entries of that Entrant will be ineligible and deemed invalid. Proof of payment of their Deposit includes showing the original and providing a copy of the Deposit receipt or payment remittance for each Deposit made during the Promotional Period.
12a. The first eligible Entry from an eligible Entrant randomly drawn from all Entries received during the corresponding Promotional Stage will win up to $3800 AUD to be deducted from the cost of their custom home concept design.
12b The Second eligible Entry from an eligible Entrant randomly drawn from all Entries received during the corresponding Promotional Stage will win $10,000 AUD to be deducted from the cost of their Custom Designed Home or issued as a reimbursement.
13. A prize does not include a reimbursement of the required building Deposit.
14. An Entrant whose Entry is drawn as the winning Entry must pay in total the remaining balance (if applicable) for the build of their preferred Custom Designed Home, being the difference (if any) between the value of their preferred Custom Designed Home and the total applicable prize amount before being awarded the prize.
15. The Promoter reserves the right to request a winner produce (within the requested time) appropriate photo identification or other documentation (to the Promoter’s satisfaction, at its sole discretion) in order to confirm the identity and age of the winner before issuing the prize and at any time during their participation in the prize.
16. It is a condition of accepting and participating in a prize that the winner may be required to sign eligibility form(s), code(s) of conduct and/or legal release(s) (including prize acceptance release(s)) in a form determined by the Promoter in its absolute discretion.
17. The Promoter may conduct a further draw at the same time and place as an original Draw as is necessary, in order to distribute the prize if (if any) unclaimed by that date for the relevant Promotional Stage, subject to any written directions given under applicable State or Territory legislation. In the event of any winner in an unclaimed prize draw, the winner will be notified in writing within two (2) days of the draw, and the name and locality of the winner will be published on the Promoter’s Facebook page and website at stylehomes.com.au and will remain on the Promotional Website for no less than twenty-eight (28) days. All reasonable steps to notify the winner of the result of an unclaimed prize draw (if any) will be taken by the Promoter. The Promoter’s decision is final and no correspondence will be entered into.
18. Entrants can only enter in their own name. Entrants who provide incorrect, misleading or fraudulent information are ineligible to participate in the promotion and all Entries of an Entrant who is deemed by the Promoter to have provided incorrect, misleading or fraudulent information may, at the discretion of the Promoter, be deemed invalid. The Promoter reserves the right to request the Entrant produce (within the requested time) appropriate photo identification or other documentation (to the Promoter’s satisfaction, at its sole discretion) in order to confirm the Entrant’s identity, age, residential address, eligibility to enter and claim a prize, and any information submitted by the Entrant in entering the promotion, before issuing a prize. If any documentation required by the Promoter is not received by the Promoter (or its nominated agent) or an Entrant or Entry has not been verified or validated to the Promoter’s (or its nominated agent’s) satisfaction then all the Entries of that Entrant may be ineligible and deemed invalid.
19. The Promoter reserves the right to verify the validity of any and all Entries and to disqualify any Entrant for: (a) tampering with the entry process; (b) submitting an entry which is not in accordance with these Conditions of Entry; or (c) engaging in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
20. A prize will only be awarded following any winner validation and verification that the Promoter, or its nominated agents, requires in their sole absolute discretion.
21. An Entry and any copyright subsisting in an Entry irrevocably becomes, at time of entry, the property of the Promoter.
22. As a condition of entering this promotion, each Entrant consents to the Promoter and its external media partners using the Entrant’s name, locality (including suburb and State or Territory of residence), likeness, image and/or voice (including photograph, film and/or recording of the same) in any media worldwide for an unlimited period of time without further notification, remuneration or compensation for the purpose of promoting, publicising or marketing the promotion (including any outcome), and/or promoting any products or services manufactured, distributed and/or supplied by the Promoter. The Entrant agrees that the Entrant will participate in all reasonable promoted activities in relation to the promotion as requested by the Promoter and its agents and sign any additional documents reasonably required by the Promoter to give effect to this condition.
23. If a prize or element of a prize becomes unavailable, for any reason beyond the Promoter’s reasonable control, then a comparable prize or prize element of equal or greater value will be awarded in lieu, subject to any written directions made under applicable State or Territory legislation.
24. If the promotion is not capable of running as planned for any reason beyond the reasonable control of the Promoter, including because of war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorised intervention, technical failures, directions of regulators or industry self-regulatory bodies or any which corrupt or affect the administration, security, fairness, integrity or proper conduct of this promotion, the Promoter reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the promotion and/or if necessary to provide alternative prize(s) to the same value as the original prize(s), subject to any written directions made under applicable State or Territory legislation.
25. The Promoter and its associated agencies and companies exclude all liability (including negligence) except for any liability that cannot be excluded by law (including any applicable consumer guarantee under the Australian Consumer Law), for any direct or indirect injury, loss and/or damage arising in any way out of the promotion. This includes, but is not limited to: (i) technical malfunctions, delays or failures, including those resulting from accessing any materials related to this promotion and any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this promotion as a result of any technical malfunctions, delays or failures; (ii) theft, unauthorised access or third party interference; (iii) lost or damaged entries, prize claims or prize[(s)]; and/or (iv) acceptance and/or use of any prize. Applicable manufacturers and/or distributors should be contacted in regards to all prize warranty claims (where applicable).
26. All of the Promoter’s decisions in respect of the promotion are final and no correspondence will be entered into.
27. The Promoter collects Personal Information about an Entrant to include the Entrant in the promotion, award the prizes (where appropriate) and use the information to assist in improving the goods and services of the Promoter. If the Personal Information requested is not provided, the Entrant cannot participate in the promotion and is deemed ineligible.
28. An Entrant also agrees that the Promoter may, in the event the Entrant is a winner, publish or cause to be published the Entrant winner’s name and locality in any media, as required under the relevant State or Territory lottery legislation.
29. The Promoter will provide to each Entrant, at time of entry into the promotion (or as soon as reasonably practicable thereafter), a collection statement that details the Personal Information being collected, the purpose of its collection, where the Personal Information will be stored and how it will be shared with third parties. The collection statement will comply with the Promoter’s disclosure obligations under the Privacy Act 1988 (Cth).
31. By entering the promotion, Entrants acknowledge that a further primary purpose for collection of the Entrant’s Personal Information by the Promoter is to contact the Entrant in the future with information about the Promoter, including special offers, market research or to provide the Entrant with marketing materials via any medium including mail, telephone and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email) or any other form of electronic, emerging, digital or conventional communications channel whether existing now or in the future. The Promoter may share an Entrant’s Personal Information with its Australian and overseas related companies, servants, employees, agents and trusted third parties who may contact the Entrant for their legitimate commercial purposes, including special offers, market research or to provide the Entrant with marketing materials in this way. By entering the promotion, Entrants acknowledge and agree that the Promoter and any applicable third parties may use their Personal Information in the manner set out in this condition.
32. In these Conditions of Entry: “Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth). “Personal Information” means, for the purpose of the Privacy Act 1988 (Cth), information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether the information or opinion is recorded in a material form or not.
33. Promoter: Style Homes Pty Ltd (ABN 17 603 287 485) of 2051-2053 The Northern Road Glenmore Park, NSW 2745; telephone: 0419404103.
34. Permit Number LTPS/17/17197. This permit is approved under delegation from the Minister administering the Lotteries and Art Unions Act 1901.