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Santa Photo Karingal Hub Member Incentive Promotion Terms and Conditions

1.     The Promotion is promoted by Jones Lang LaSalle (Promoter), acting as the managing agent of ISPT Karingal Shopping Centre Trust, ABN 11 113 009 273, T/A Karingal Hub, 330 Cranbourne Road, Karingal VIC 3199 (Karingal Hub Shopping Centre).
2.     By participating in the ‘Santa Photo Karingal Hub Member Incentive’ (Promotion) entrants agree to be bound by these terms and conditions and any future terms and conditions or alterations to these terms and conditions.
3.     The Promotion period commences at 11.30am on Saturday 18th November, 2017 and closes at 5.00pm on Sunday 24th December, 2017. (Promotion Period). The Promotion will be conducted in centre at Karingal Hub, 330 Cranbourne Road, Frankston VIC 3199. Entries received outside the Promotion Period will not be eligible or accepted.
The Promotion
4.     To enter the promotion, each entrant must, during the Promotional Period either;
a.     Visit Santa in Centre Court,
b.     provide your email address to the Santa photography staff, and
c.      agree to become a Karingal Hub Member.
Eligibility
5.     The following eligibility criteria apply:
a.     The Competition is open to residents of Victoria, Australia only.
b.     Entrants must be 18 years of age or older.
c.      Entrants must agree to be bound by the Karingal Hub Membership Terms and Conditions available on the Karingal Hub website (www.karingalhub.com.au) or Centre Management Office.
d.     Employees, contractors and agents of the Promoter, Karingal Hub and related entities, and their immediate families, are ineligible.
6.     The Promoter reserves the right to verify the validity of entries and entrants and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with (or whom the Promoter reasonably suspects has tampered with) the entry process or the winner selection process or who has otherwise been fraudulent in the course of the Competition.
7.     The Promoter accepts no responsibility for lost, misplaced, late or misdirected entries.
8.     If requested by the Promoter, an entrant must provide evidence of eligibility to the Promoter.
9.     The Competition may be entered once.
Prizes
1.     There are three (3) (Prizes) and three (3) Prize winners and the total prize pool is valued at $237.00.
2.     The prize is valued at $79.00 and is one (1) Village Cinemas Family Movie Experience, including four (4) Movie Tickets, four (4) Small Popcorns, four (4) Small Drinks, four (4) Small Chocolate Treats, and subject to terms and conditions available at https://shop.villagecinemas.com.au/Kids-Gift-Pack/Family-Movie-Experiences.aspx?terms_and_conditions=1
3.     In the event that a prize is not reasonably available due to circumstances beyond the control of the Promoter, the Promoter reserves the right to substitute any prize for a prize of equal or higher value and similar specification. The Promoter accepts no responsibility for any variation in a prize’s value. A prize is not transferable or exchangeable and cannot be taken as cash.
4.     The draw for the prize will take place at 10.00 on Thursday 4th January, 2018 at the Centre Management Office at Karingal Hub, 330 Cranbourne Rd, Frankston VIC 3199.
5.     The winners will be the first three (3) valid entries randomly selected from the list of eligible entrants. The Promoter will use reasonable efforts to notify the winner by phone or email within 7 days of the competition being drawn.
6.     A person purporting to be a prize winner will be required to provide proof of identity and to verify any other eligibility requirements.
7.     If the winner does not respond within 14 days of the Promoter notifying them of their win to claim the prize, that winner will forfeit the prize and the Promoter will re-draw the Competition. Such re-draw if required shall take place at 10.00am on Friday 19th January, 2018 at Centre Management. The new winner will be notified in accordance with the methods in paragraph 14 above.
8.     Subject to clause 16 if for any reason a winner does not redeem the prize by the times stipulated by the Promoter, then the prize will be forfeited and no further draw will be held.
9.     The Promoter will arrange with the winner details of the collection of the prize.
10.  The Promoter’s decisions as to prize winners are final and no correspondence will be entered into.
Privacy and use of personal information
11.  In accordance with the Privacy Act (1988) (Cth) the Promoter notifies entrants that entry to the competition involves the collection of personal information about entrants, including full name and email address. This is collected for the purpose of establishing eligibility, carrying out the competition and notifying winners. If the information is not provided, the entrant may not participate in the Competition. Entrants’ personal information may be disclosed to State Lottery agencies and winners’ names published as required under the relevant lottery legislation.
12.  Each entrant consents to the Promoter using their personal information provided in connection with their entry, for the purposes of undertaking any investigation in connection with verifying the identity of an entry or any suspected tampering.
13.  By providing consent, entrants agree to join the Karingal Hub database and the Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to access, update or correct information to the Promoter.
14.  Each entrant consents to the Promoter and its authorised licensees using the entrant’s name, likeness, image and/or photograph and voice in the event that they are the winner, in any media for an unlimited period of time, without remuneration or compensation, for the purposes of promoting the outcome of this Competition.
Liability and indemnity
15.  To the extent relevant at law the Promoter and its related entities makes no representation or warranty as to the quality, suitability or merchantability of the prize. Except for any liability that cannot be excluded by law, the Promoter (including its 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 any way out of the Competition, including, but not limited to, where arising out of the following:
a.     any technical difficulties or equipment malfunction;
b.     any entry or prize claim that is late, lost, altered, damaged or misdirected due to any reason beyond the reasonable control of the Promoter;
c.      any variation in prize value to that stated in these Terms and Conditions;
d.     any tax liability incurred by the winner or entrant;
e.     any dispute relating to the eligibility of the entrant to claim or retain title to the prize, as between the entrant personally and the business that employs them or any other person in whose name qualifying purchases have been made; or
f.      any use or redemption of the prize.
16.  Each entrant indemnifies the Promoter and its related entities all claims, loss, damage, costs and expenses (including legal costs) suffered or incurred by the Promoter as a result of any breach of these Terms and Conditions by the entrant or the entrant’s conduct in the competition or the use of the prize.

 

WEBSITE TERMS OF USE

www.karingalhub.com.au


This page outlines the General Conditions of access to and use of the Site.

1. Acknowledgment and acceptance of General Conditions

(a) www.karingalhub.com.au (Site) is owned and operated by ISPT Pty Ltd (ABN 28 064 041 283) in its capacity as ISPT KaringalHub Shopping Centre Trust (ABN 14 113 009 273) (we, us).

(b) Your access to and use of the Site (collectively, your Access) is conditional on your acceptance and compliance with the terms, conditions, notices and disclaimers contained on this page and elsewhere on the Site (General Conditions). Your Access to the Site constitutes your agreement to be bound by the General Conditions. We reserves the right to revise, amend and update the General Conditions at any time effective on the date of posting to the Site of the new and amended provisions.

2. Ownership of content on the site

(a) The materials displayed on the Site, including without limitation all information, text, materials, graphics, software, tools, results derived from the use of software and tools, advertisements, names, logos and trade marks on the Site (Content) are protected by copyright, trade mark and other intellectual property laws unless expressly indicated otherwise on the Site.

(b) You must not modify, copy, reproduce, republish, frame, download onto a computer, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for in these General Conditions or with our express prior written consent.

3. Information provided

(a) The Content on the Site provides general information only.

(b) The information provided is not intended to replace or serve as a substitute for any legal, accounting, tax, real estate or other professional or expert advice, consultation or service and must not be relied upon as such. You should consult with a professional in the respective legal, accounting, tax, real estate or other professional area and obtain professional advice tailored to your specific circumstances before making any decisions. 

Access to the Site

(a) You may view the Site using your web browser and save an electronic copy, or print out a copy, of parts of this Site solely for your own personal use, information, research or study, but only if you keep all Content intact and in the same form as presented on the Site (including without limitation all copyright, trade mark and other proprietary notices and all advertisements).

(b) You must not access or use the Site or the Content in any manner or for any purpose which:

(i) is illegal or prohibited by any laws that apply to you;
(ii) violates our rights in any way; or
(iii) is prohibited by the General Conditions.

(c) You must take your own precautions to ensure that the process which you employ for accessing the Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system or data which arises in connection with your Access.

(d) You must not use the Content for commercial purposes without first obtaining our express written authority.

5. Disclaimer and limitation of liability

(a) Although we have no reason to believe that any information contained in this Site is inaccurate, we do not warrant the accuracy, adequacy or completeness of the information, nor do we undertake to keep this Site updated.

(b) We do not accept responsibility for loss suffered as a result of your reliance on the accuracy or currency of information contained in this Site. We and our directors, officers, agents, employees and contractors do not guarantee or warrant the Site will be uninterrupted, without delay, error-free, omission-free or free of viruses. The Content is provided “as is” without warranties of any kind, express or implied, including as to accuracy, timeliness and completeness.

(c) Neither we nor our directors, officers, agents, employees or contractors will be liable for any loss or damage, however arising (whether in negligence or otherwise), in connection with your Access, the Content or any omissions from the Content, except where liability is made non-excludable by legislation.

6. Indemnity

(a) You must indemnify us and our directors, officers, agents, employees and contractors and keep us and all of them indemnified, against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from:

(i) any breach by you of the General Conditions; or
(ii) reliance by you on any information obtained through the Site; or
(iii) your Access to the Site.

7. Copyright

Copyright in this Site (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these General Conditions, you may not in any form or by any means:

(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Site; or

(b) commercialise any information, products or services obtained from any part of this Site.

8. Trade Marks

(a) Except where otherwise specified, any word or device to which the TM or â symbol is attached, is a trade mark in which we claim proprietary rights.

(b) If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:

(i) in or as the whole or part of your own trade marks;
(ii) in connection with activities, products or services which are not ours;
(iii) in a manner which may be confusing, misleading or deceptive;
(iv) in a manner that disparages us or our information, products or services (including this Site).

9. Termination

We may terminate access to this Site at any time without notice. The General Conditions will nevertheless survive any such termination.

10. Governing Law

These General Conditions are governed by the laws in force in Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts in Victoria, Australia.

11. Linking to the Site

No linking is permitted to the Site unless it is the subject of a separate specific written agreement between you and us.

12. Advertising and links to other web site

(a) The Site may contain links to third party sites (Linked Sites). Linked Sites are not under our control and we are not responsible for the content of any Linked Site or any hyperlink contained in a Linked Site (Subsequent Site). We provide these hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement of the Linked Site by us or by our directors, officers, agents, employees and contractors. You link to any Linked Site or Subsequent Site entirely at your own risk.

(b) Neither we nor our directors, officers, agents, employees and contractors give any representation or warranty as to the reliability, accuracy or completeness of any Linked Sites or Subsequent Sites, nor do we or they accept any responsibility arising in any way (including negligence) for errors in, or omissions from any Linked Sites or Subsequent Sites.

13. General

(a) We do not accept any liability for any failure to comply with the General Conditions where the failure is due to circumstances beyond our reasonable control.

(b) If we waive any rights available to us under these General Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

(c) If any of the General Conditions are held to be invalid, unenforcable or illegal for any reason, the remaining terms and conditions will nevertheless continue in full force.

14. Privacy

For information about how we handle personal information, please refer to our Privacy Policy accessible from the Site.
 
 

Centre Management 330 Cranbourne Road Karingal, VIC 3199 | (03) 9789 1192