ADELAIDE CENTRAL PLAZA
“WIN A BMW FOR CHRISTMAS” PROMOTION
TERMS AND CONDITIONS
1. Information on how to enter and the prize form part of these Terms and Conditions. Participation in this “Win A BMW For Christmas” Promotion (Promotion) is deemed acceptance of these Terms and Conditions.
2. The Promoter is Adelaide Central Plaza Pty Ltd ACN 000 229 381 care of Centre Management, Adelaide Central Plaza shopping centre, 100 Rundle Mall, Adelaide SA 5000 (Promoter).
ELIGIBILITY
3. Entry is only open to residents of Australia who are aged 18 years and over.
4. The following are ineligible: (i) employees of the Promoter or any of the tenants or retailers in Adelaide Central Plaza shopping centre or any of the Promoter’s agencies that are associated with the Promotion; (ii) the spouse, defacto spouse, parent, child or sibling (whether natural or by adoption) of an excluded employee; and (iii) any person who the Promoter has previously notified is not permitted to enter the Promoter’s promotions.
PROMOTION PERIOD
5. Promotion commences at 7:30am ACDT on Wednesday 1 November 2023 and ends at 11.59 pm ACDT on Saturday 23 December 2023 (Promotion Period). All times throughout the Terms and Conditions will be based on Adelaide local time unless otherwise advised.
HOW TO ENTER
6. To be eligible enter, eligible individuals must, during the Promotion Period; either:
a. spend $150 or more in a single transaction at David Jones; or
b. spend $50 or more in a single transaction at any specialty retail store; or
c. spend $15 or more in a single transaction at any food outlet or service retailer
(each a Qualifying Transaction) ,
within Adelaide Central Plaza where the customer will receive one (1) unique entry code. Service retailers are defined as Hem Express; Tommy Tu Nails; Jeevi Brow Studio; Body Sense; Bladez the Barber Lounge; Miss Phablet, The Beauty & Brow Parlour and The Nail Bar. It is the entrant’s responsibility to request a unique entry code if a unique entry code is not provided at the time of completing a Qualifying Transaction.
6A. During the limited period commencing at 7.30am ACDT on Friday 24 November 2023 and ending at 5.59pm ACDT on Monday 27 November 2023 , eligible individuals will receive two(2)unique entry codes for each Qualifying Transaction made within that period. It is the entrant’s responsibility to request two (2) unique entry codes if two (2) unique entry codes are not provided at the time of completing a Qualifying Transaction in that period.
7. To enter, entrants must then, during the Promotion Period visit adelaidecentralplaza.com.au and follow the prompts to the promotion entry page, fully and correctly complete their entry in accordance with the instructions provided, including inserting the unique entry code, and submit the fully completed entry form.
8. Entrants must retain their original receipt and unique entry code from each Qualifying Transaction, as proof of purchase will be required to validate the winning entry. Failure to produce the proof of purchase for all entries when requested may, in the absolute discretion of the Promoter, result in invalidation of ALL of an entrant’s entries and forfeiture of any right to the prize. Purchase receipt(s) must clearly specify the store of purchase and that the purchase was made during the Promotional Period but prior to entry.
LIMITS ON ENTRY
9. Multiple entries are permitted per person, subject to the following: (a) only one (1) entry permitted per Qualifying Transaction (except during the period set out in clause 6A above when two (2) entries are permitted per Qualifying Transaction and two (2) unique entry codes will be provided); (b) each entry must be submitted separately and in accordance with entry requirements; (c) only one (1) unique entry code per entry is permitted; (d) the same unique entry code cannot be used more than once; (e) unrecognised codes will be deemed invalid; and (f) each entry must be submitted separately and in accordance with entry requirements.
DRAW DETAILS
10. The draw will take place at Adelaide Central Plaza, 100 Rundle Mall Adelaide, SA 5000, at 10.00am ACDT on Sunday 24 December 2023 in the presence of an independent scrutineer. The Promoter reserves the right to draw additional reserve entries in case of an invalid entry or invalid entrant.
11. The provisional winner will be notified by telephone and in writing within two (2) business days of the draw. A provisional winner will only be deemed the winner once verified by the Promoter.
12. The winner’s name and postcode will be published on the Promoter’s website on 24 December 2023 (adelaidecentralplaza.com.au).
13. Entrants can only enter in their own name and use their own email address. The Promoter reserves the right to request a provisional winner provide proof of identity, proof of residency, and/or proof of entry validity. Proof of identification, residency and entry considered suitable for verification is at the discretion of the Promoter. The Promoter reserves the right to validate and check the authenticity of any prize claim or entry before awarding the prize.
PRIZES
14. The first valid entry randomly selected from all valid entries received will win a BMW X1 sDrive18i xLine with automatic transmission in Space Silver metallic paint and with 19" Lt/Aly wheels V-spoke, valued at up to $71,065 inclusive of GST, Compulsory Third-Party Insurance, Registration, Alpha Numeric Plate Fee, Dealer Delivery, and Stamp Duty.
15. The winner must collect their prize from Adelaide BMW, 31 – 40 West Terrace, Adelaide SA 5000 by 25 March 2024.
16. The winner shall be responsible for the delivery of the prize should they reside outside South Australia.
17. The Promoter accepts no responsibility for tax implications that may arise from the prize. The winner should seek independent financial advice.
18. The ongoing maintenance of the prize will be the responsibility of the prize winner, including without limitation additional insurance, options, petrol and all other ancillary costs.
19. If the winner is, through any legal incapacity or otherwise, unable to register the car in their own name, then the winner may assign the car to another person (who consents to such assignment) with legal capacity for the purpose of registration. The Promoter takes no responsibility for any such arrangement between the winner and the assignee. The winner must provide the Promoter with certified copies of all required documentation as required by the Promoter before the car is awarded. It is a condition of accepting the prize that the winner (or a representative of the winner ) may be required to sign a legal release in a form to be determined by the Promoter in its discretion.
UNCLAIMED PRIZE DRAW
20. A draw for the prize, if unclaimed, may take place on 25 March 2024 at the same time and place as the original draw, subject to any written directions from a regulatory authority.
21. The prize winner, if one is required, will be notified by telephone and in writing within two (2) business days of the draw and the winner’s name, and postcode will be published on the Promoter’s website on 25 March 2024 (adelaidecentralplaza.com.au).
GENERAL
22. 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 entrant who the Promoter has reason to believe has breached any of 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 will 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.
23. Incomplete, indecipherable, or illegible entries will be deemed invalid.
24. 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.
25. The Promoter’s decision is final and no correspondence will be entered into.
26. If for any reason the winner does not take or claim the prize (or an element of the prize) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
27. If the prize (or part of the 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.
28. The total prize pool value is up to AU$71,065 .
29. The prize, or any unused portion of the prize, is not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
30. Entrants consent to the Promoter using the entrant's 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 competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
31. 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) subject to any written directions from a regulatory authority to modify, to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the Promotion, as appropriate.
32. Any cost associated with accessing the competition website is the entrant’s responsibility and is dependent on the internet service provider used. 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.
33. 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 the State and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including their respective officers, employees and agents) exclude 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.
34. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including their respective officers, employees and agents) are not responsible for and exclude 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 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) use of the prize.
35. The Promoter and Adtrans Automotive Group Pty Ltd ABN 83 007 866 917 trading as Adelaide BMW (BMW) collect personal information in order to conduct the promotion and may, for this purpose, disclose such personal information 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 personal information. The Promoter and BMW will also use and handle personal information as set out in their respective Privacy Policies, which can be viewed at http://www.adelaidecentralplaza.com.au/privacy-policy for the Promoter and https://www.adelaidebmw.com.au/privacy-policy for BMW. Each Privacy Policy contains information about how entrants may opt out, access, update or correct their personal information, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. In addition to any use that may be outlined in each respective Privacy Policy, by entering this promotion entrants also agree to be subscribed to the email databases of the Promoter and BMW, and to receive future communications from those two parties via email and SMS. All entries become the property of the Promoter. The Promoter and BMW will not disclose personal information to any entity outside of Australia.
36. Authorised under SA License NumberT23/1512.