PROMOTION TERMS & CONDITIONS
1. This promotion is being conducted by Daleswan Pty Ltd ACN 105 650 075 (“Promoter”) of Level 1, Suite 5, 437 Roberts Road, Subiaco, Western Australia.
2. The promotion commences at 9am AEST on 1 May 2019 and ends at either 5pm AEST on 14 July 2019 or at the time all of the Eligible Properties are sold, whichever is earlier unless otherwise extended at the sole discretion of the Promoter (“Promotional Period”).
3. The promotion applies to the following lots located at the development known as ‘Providence – Heart and Soul of the Valley’ at South Ripley, Queensland (“Providence”):
(a) 976, 980, 1354, 1355, 1367, 1433, 1450, 1455, 1456, 1460, 1464, 1465, 1466, 1471, 1566, 1577, 1596, 1597, 1600, 1604, 1622, 1625, 1630, 1632, 1640, 1642, 1634, 1644, 1646, 1648, 1649, 1652, 1653, 1654, 1664, 1669, 1679, 1680, 1681, 1687, 1690, 1692, 1808, 1830, 1835, 1836, 1841, 1853, 1859, 1860, 1861, 1865, 1869, 1871, 1877, 1878, 1879, 1880, 1894, 1899, 1900, 2118, 3066
(each an “Eligible Property”).
4. In these terms and conditions, a “Participant” is a person aged 18 years or over who validly enters into a contract of sale (via the Promoter’s sales agent Okeland) to purchase an Eligible Property during the Promotional Period (“Qualifying Purchase”).
5. A person will not be eligible to be a Participant in respect of any contract of sale for an Eligible Property or any other property located at Providence entered into by the person outside of the Promotional Period.
6. A Participant will be entitled to a $20,000 bonus payable via cheque or electronic funds transfer in respect of a Qualifying Purchase (“Bonus”) if the Participant:
(a) settles the Qualifying Purchase in accordance with the terms of the contract of sale;
(b) submits to the Design Review Committee its plans for construction of a home at the Eligible Property and receives approval for the plans;
(c) completes the pouring of the slab for the base stage of construction of the Eligible Property within 6 months of the date of settlement of the contract of sale;
(d) provides satisfactory photographic evidence of the completion of the slab pour mentioned in paragraph 6(c) to the Promoter prior to the expiry of 5 Business Days after the due date for the completion of the slab pour mentioned in paragraph 6(c);
(e) validly enters into an incentive deed with the Promoter in respect of the Qualifying Purchase; and
(f) complies with the terms of the incentive deed referred to in paragraph 6(e).
7. If these terms and conditions are not strictly adhered to, or for any reason:
(a) settlement of a Qualifying Purchase is delayed beyond the due date in the contract of sale; or
(b) a Qualifying Purchase does not proceed to settlement for any reason,
no Bonus will be payable to the Participant.
8. Each Participant is only eligible for one Bonus per Eligible Property purchased in accordance with these terms and conditions during the Promotional Period.
9. This promotion is not available in conjunction with any other promotion or offer by the Promoter or any of its related bodies corporate.
10. The Promoter will pay the Bonus to a Participant eligible for payment of the Bonus (in accordance with these terms and conditions) within 20 Business Days after the eligible Participant provides the Promoter with their preferred bank account details and written notice and evidence of compliance with the condition in paragraph 6(d), whichever is later.
11. The Promoter will not be liable for lost or stolen Bonuses.
12. The Promoter reserves the right to verify the validity of any Participant’s identity, age, address and eligibility details.
13. To the extent practicable, all Participants agree to be involved in marketing and promotional activities conducted by the Promoter, including but not limited to media appearances, and give their express permission for their names and images to be displayed in conjunction with any marketing or promotional activities conducted by the Promoter during the Promotional Period and within one year of the end of the Promotional Period. The Promoter may disclose selected Participants’ personal information to its contractors and agents to assist in conducting this promotion.
14. The Promoter is bound by the Australian Privacy Principles in the Privacy Act 1988, as well as any other applicable laws in connection with this promotion.
15. The Promoter may collect, use and disclose personal information about a Participant in order to conduct the promotion, to provide its products and services and to assist in the operation of its business. If a Participant chooses not to provide requested personal information that person may not be able to participate in the promotion. The Promoter may collect personal information directly from Participants (unless it is unreasonable or impracticable to do so) and from third parties. The Promoter may disclose a Participant’s personal information to third parties (including related bodies corporate), service providers, contractors and agents who assist the Promoter in the operation of its business. The Promoter is unlikely to disclose personal information outside of Australia, other than through storage of information in cloud servers that may have data centres located overseas.
17. The Promoter accepts no responsibility for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, deletion, theft, destruction, transmission interruption, communications failure or otherwise. In the event that an error with any entry, claim or correspondence occurs, the Promoter accepts no responsibility for costs incurred, responses received or any other consequences.
18. The Promoter reserves the right to change the promotion by adding, deleting or amending these terms and conditions. If for any reason any aspect of this promotion is considered in the reasonable opinion of the Promoter to no longer be practical or desirable to run as planned for any reason, is not capable of running as planned, including by reason of tampering, unauthorised intervention, fraud, technical failures, legally binding directive to the Promoter to end any component of the promotion or any causes beyond the control of the Promoter 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 the fullest extent permitted by law, to cancel, terminate, modify, extend or suspend the promotion and the Promotional Period without prior notice. In taking such action the Promoter may deem that the Promotional Period end on a date different to that provided for in these terms and conditions, including a date that has already occurred.
19. The Promoter reserves the right, in its sole discretion, to disqualify entry from any person, and prohibit that person’s further participation in the promotion, who in the reasonable opinion of the Promoter tampers with, or benefits from any tampering with, the process or the operation of the promotion, acts in violation of these terms and conditions, acts in a disruptive manner or engages in unlawful or other improper conduct or fails to meet the eligibility criteria for entry in the promotion or receipt of the Bonus. The Promoter’s rights to recover damages or other compensation from such an offender are reserved.
20. The Promoter accepts no responsibility for any tax implications that may arise from the Bonus. Independent financial advice should be sought. Where the operation of the promotion results in, for GST purposes, supplies being made for non-monetary consideration, the Participant agrees to follow the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values.
21. The Promoter is not liable for any loss, damage or injury suffered (even if caused by negligence) as a result of any Participant accepting and/or using the Bonus (including any loss or damage howsoever arising in connection with any building contract the Participant enters into), except for any liability which cannot be excluded by law.
22. The Participant acknowledges and agrees that the Bonus is not transferable or assignable to any other party.
23. By engaging in a Qualifying Purchase, a Participant is deemed to have accepted these terms and conditions.
Contact: Mr Jamie Martin via firstname.lastname@example.org
Visit the Providence Land Sales Office at 6 Amity Way, South Ripley QLD for more information.