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Terms and Conditions

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  • EATON FAIR SHOPPING CENTRE COMPETITION TERMS AND CONDITIONS

    1. These terms and conditions are applicable to all competitions conducted by Eaton Fair Pty Ltd (ACN 638 021 173) (Eaton Fair Shopping Centre) and any associated company or nominee of Eaton Fair Pty Ltd.
    2. By entering the competition, entrants warrant that they meet all eligibility requirements and accept these Terms and Conditions.
    3. If an entrant is under the age of 18 years, each entrant’s consenting parent or guardian is responsible for ensuring their familiarity with these terms and conditions at the time of participation.
    4. Eaton Fair Shopping Centre reserves the right in its absolute discretion to refuse to award any prize/reward to any entrant for any reason whatsoever, including if the entrant fails to comply with any of these Terms and Conditions.
    5. Eaton Fair Shopping Centre’s decision is final and no correspondence will be entered into.
    6. If an entrant is under the age of 18 years of age, such entrant must have prior consent from a parent or guardian before entering the competition and must be able to provide evidence of such consent on request.
    7. Employees, officers, contractors, agents, promotional staff or advisors of Eaton Fair Shopping Centre or any tenant of Eaton Fair Shopping Centre, or members of their respective immediate families will be ineligible to enter the competition.
    8. Eaton Fair Shopping Centre may request an entrant to provide reasonable documentation which establishes an entrant’s eligibility to enter the competition including, without limitation, an entrant’s identity, age, email address, telephone number and place of residence.
    9. Entries which contain incorrect contact details will be deemed invalid.
    10. Any entry received before the commencement, or after the expiry of the competition period as determined by Eaton Fair Shopping Centre will be deemed invalid.
    11. Eaton Fair Shopping Centre will not accept responsibility for late, lost, delayed or misdirected entries.
    12. All costs associated with the collection or use of any prize or reward (Prize) awarded to a winning entrant (Winner) are the sole responsibility of the Winner and will not, under any circumstances, be compensated by Eaton Fair Shopping Centre. For the avoidance of doubt, costs include, without limitation, travel and parking.
    13. The Prize, or any unused portion of the prize, is non-refundable, non-transferable and cannot be exchanged for cash. The Prize must be taken as offered and cannot be varied by a Winner.
    14. The Prize and collection thereof may be changed at any time and at the sole discretion of Eaton Fair Shopping Centre.
    15. The names of the Winners may be announced and posted on the Eaton Fair Shopping Centre Facebook page and other media platforms.
    16. If despite all reasonable attempts, a winning entrant cannot be notified or Eaton Fair Shopping Centre has not had any return communication from such Winner within 3 days of such notification, the Winner will no longer be entitled to the Prize and Eaton Fair Shopping Centre may select a replacement winner at a time determined by Eaton Fair Shopping Centre (Replacement Winner).
    17. If a Prize (or a portion or element of a Prize) is not collected by a Winner or Replacement Winner within 3 days of any communication purporting to accept the Prize, the Winner or Replacement Winner will forfeit the Prize (or that portion or element of the Prize). Subject to any statutory requirements, Eaton Fair Shopping Centre reserves the right to award the Prize to another entrant in accordance with the Terms and Conditions of the competition.
    18. In such case, the Replacement Winner will be entitled to the Prize and the Replacement Winner is deemed a Winner for the purposes of these Terms and Conditions.
    19. Winners will be required to produce photographic proof of identity to collect the Prize.
    20. If a Winner is under 18 years of age, the Prize will be awarded to the Winner’s nominated parent/guardian upon presentation of suitable photo identification and the parent/guardian shall be deemed the Winner (or Replacement Winner as the case may be) for the purposes of these Terms and Conditions.
    21. By entering the competition, each entrant acknowledges and agrees that Eaton Fair Shopping Centre collects personal information about entrants for the purposes of:
    • including entrants in the competition and, where appropriate, awarding Prizes; if the personal information requested is not provided, the entrant may not participate in the competition; and
    • enabling Eaton Fair Shopping Centre to use the information to assist Eaton Fair Shopping Centre in improving goods and services and to contact the entrant in the future with information on special offers or provide entrants 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. Eaton Fair Shopping Centre may share information with its Australian related companies or any other third party who may contact the entrant with special offers or provide the entrant with marketing materials via any medium in this way. By entering the competition, an entrant agrees that Eaton Fair Shopping Centre may use the entrant’s personal information in this manner. entrants may opt out by clicking on the “unsubscribe” link in the email or as set out in the SMS/MMS.
    1. By entering the competition, entrants provide Eaton Fair Shopping Centre with authority to use their name, likeness, image and/or voice (including any photograph, film, and/or recording of same) in any media at any time or times without remuneration for the purposes of promoting the competition, Eaton Fair Shopping Centre and/or Eaton Fair Shopping Centre’s (or its related entities) products or services. Further, Winners agree to be photographed and participate in all reasonable promotional activities in relation to the competition and the winning of the Prize. Entrants acknowledge that any personal information provided by the entrant is not sensitive information.
    2. To the greatest extent permissible by law, Eaton Fair Shopping Centre (including its related entities) and its respective officers, employees, contractors and agents shall not be liable for any loss or damage whatsoever which is suffered (including, but not limited to, indirect or consequential economic loss) or for personal injury suffered or sustained, as a result of the competition or in connection with the Prize.
    3. If for any reason the competition is not capable of running as planned because of infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or any other causes beyond the control of Eaton Fair Shopping Centre which corrupt or affect the administration, security, fairness, integrity or proper conduct of the competition, Eaton Fair Shopping Centre reserves the right in its sole discretion to cancel, terminate, modify or suspend the competition subject to any written directions under applicable legislation.
    4. The warranty on any goods and services obtained as a result of the competition remains the sole responsibility of the manufacturer or supplier of the goods or services as applicable.
    5. Any reference to Eaton Fair Shopping Centre in these Terms and Conditions includes its related entities.
    6. Eaton Fair Shopping Centre reserves the right to suspend, modify or terminate the competition if the conduct or operation of the competition is interfered with or disrupted in any way by any cause outside the reasonable control of Eaton Fair Shopping Centre. For the avoidance of doubt, any cause which is outside the reasonable control of Eaton Fair Shopping Centre includes, without limitation, vandalism, power failures, natural disasters, acts of God, civil unrest, strikes, tampering, global pandemic or outbreak of an infectious disease, computer viruses, technical failures or a directive issued by a government authority or a law resulting in Eaton Fair Shopping Centre being closed or shut down.
    7. Eaton Fair Shopping Centre also reserves the right in its sole discretion to disqualify any individual who Eaton Fair Shopping Centre has reason to believe has breached any of these conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the competition. The legal rights of Eaton Fair Shopping Centre to recover damages or other compensation from such an offender are reserved.
    8. Eaton Fair Shopping Centre reserves the right to delete any photograph or image or tag posted to its social media accounts that are deemed inappropriate without notice.
    9. Any decision made by Eaton Fair Shopping Centre in respect of the competition is final and binding and no correspondence shall be entered into.
    10. Any provision of these Terms and Conditions which is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition of unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity of the provision in any other jurisdiction.
    11. The conduct of the competition and these Terms and Conditions are governed by the laws of Western Australia. By submitting an entry, the entrant submits to the exclusive jurisdiction of the courts of Western Australia.

DATE

June 22, 2021