Fulham Gardens Shopping Centre (“FG”) Competition Terms and Conditions

1. The Book Case Pty Ltd ACN 007 924 012  c/- Savills, Adelaide SA 5000 (Promoter) is conducting a competition via the Fulham Gardens Shopping Centre Facebook page (Competition).
2. By entering the Competition, you agree to be bound by these terms and conditions.
3. The Promoter reserves the right to, at its absolute discretion, refuse to award any prize to any entrant who fails to comply with any of these terms and conditions.
4. Entry into the Competition is free.

Eligibility
5. The Competition is open to Australian residents aged 13 years or older residing in South Australia (Eligible Person).
6. A person’s residential post code will determine whether or not he or she resides in South Australia for the purposes of the Competition.
7. All Eligible Persons under 18 years of age 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.
8. The Competition is open to all Eligible persons except employees, officers, contractors, agents, promotional staff or contractors, or advisors of the Promoter or any tenant of the FG Shopping Centre, or their respective immediate families.
9. The Promoter may request an entrant to provide reasonable documentation which establishes an entrant’s eligibility to enter to the Competition including, without limitation, an entrant’s identity, age and place of residence.

Competition Period
10. Any entry received before the commencement, or after the expiry of the Competition period will be deemed invalid. No responsibility is accepted for late, lost, delayed or misdirected entries.

How to enter
11. You are only entitled to one entry in the Competition. Any duplicate entries will be removed before the winners are decided. Duplicate entries may invalidate all entries from the entrant concerned.
12. We are not required to accept partially completed or non-conforming entries.

General
13. Entries which contain incorrect contact details shall be deemed invalid. The Promoter reserves the right in its sole discretion to disqualify any entrant who the Promoter has reason to believe has breached any of these conditions, or engaged in
unlawful or other improper misconduct which in the Promoter’s opinion could jeopardise the fair and proper conduct of the Competition. The Promoter reserves its legal rights to recover damages or other compensation from such a person.
14. Any attempt to cause damage to any website or the information on any website associated with this Competition or to otherwise undermine the fair and legitimate operation of this Competition may breach the law. The Promoter reserves the right to seek damages from the offender in the event that any such attempt is made.
15. Any decision made by the Promoter in respect of the Competition is final and binding and no correspondence shall be entered into.

Reasonable Control
16. The Promoter reserves the right to suspend, modify or terminate the Competition if the conduct or operation of the Competition is interfered in with or disrupted any way by any cause outside the reasonable control of the Promoter. For the avoidance of doubt, any cause which is outside the reasonable control of the
Promoter includes, without limitation, vandalism, power failures, natural disasters, acts of God, civil unrest, strikes, tampering, computer viruses or technical failures.

Prize
17. Prize values are based upon the recommended retail prices of each prize, and are correct as of the commencement of the Competition Period. The Promoter accepts no responsibility for any variation in the prize value.
18. If a Prize is unavailable for whatever reason, the Promoter reserves the right to substitute the Prize for a prize of equal or greater value, subject to any applicable statutory requirements.
19. The Promoter is not responsible for any additional costs associated with the use or collection of any prize.

Winner
20. The Winner, once selected, will be notified in writing via Facebook or by telephone within 14 days of the end of the Competition period.
21. If, despite all reasonable attempts, the Winner cannot be notified or the Promoter has not had any return communication from the Winner within three months of such notification, the Winner will no longer be entitled to the Prize and the Promoter may
select a replacement winner at a time determined by the Promoter (Replacement Winner).
22. In such case, the Replacement Winner will be entitled to the prize. The Replacement Winner is deemed a Winner for the purposes of these terms and conditions.
23. Proof of identity will be required to collect a Prize. All costs, associated with collecting a Prize are the sole responsibility of the Winner and will not, under any
circumstances, be compensated by the Promoter. For the avoidance of doubt, costs include, without limitation, travel and parking.
24. If a Prize is not collected by a Winner or Replacement Winner within four weeks of any communication purporting to accept a Prize, the Winner or Replacement Winner will forfeit the Prize. Subject to any statutory requirements, the Promoter reserves the right to award the Prize to another eligible entrant in accordance with the terms and conditions of the Competition.
25. If the Winner is under 18 years of age, the Prize will be awarded to the Winner’s nominated parent/guardian upon presentation of photo identification. The parent/guardian shall be deemed the Winner (or Replacement Winner as the case may be) for the purposes of these terms and conditions.
26. Prizes are not transferable, refundable or exchangeable for cash or kind and may be subject to additional terms and conditions of the supplier or issuer as applicable.

Intellectual property
27. By entering the Competition, each entrant grants to the Promoter or its related entities, a perpetual, world-wide, irrevocable, non-exclusive, transferable, royalty free and sub-licensable right to use, reproduce, modify, adapt, publish or display (in whole or in part) any intellectual property contained in the content of each entry, for any purpose, without compensation. Each entrant agrees not to assert any moral rights in relation to such use and warrants that they have full authority to grant such rights.

Privacy
28. By entering the Competition, entrants provide the Promoter 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, the FG, the Promoter and/or the Promoter’s (or its related entities) products or services. Further, Winners agree to participate in all reasonable promotional activities in relation to the Competition and the winning of a Prize.
29. By participating in the Competition, each entrant acknowledges and agrees that the Promoter collects personal information about entrants for the purposes of:

  • i. 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
  • ii. enabling the Promoter to use the information to assist the Promoter 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. The Promoter may share information with its Australian related companies or promotional partners, who may contact the entrant with special offers in this way. By entering the Competition, an entrant agrees that the Promoter 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.

Limitation of Liability
30. To the extent permitted by law, all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied by statute, custom or the common law are excluded from the Competition and these terms and conditions. If any supply under these terms and conditions is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law, nothing contained in these terms and conditions excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law, provided that, to the extent that the Australian Consumer Law permits the Promoter to limit its liability, then the Promoter’s liability will be limited to:

  • a. in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and
  • b. in the case of goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.

31.To the greatest extent permissible by law, the Promoter (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 a Prize.
32. 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.
33. The Promoter accepts no responsibility for any tax implications that may arise from any of the Prizes or the use thereof.
34. All internet, mobile phone and/or SMS charges in relation to the Competition are the sole responsibility of the entrant.
35. To the greatest extent permissible by law, the Promoter assumes no responsibility for:

  • a. any error, omission, interruption, or delay in the operation or transmission of any communication sent to (or by) the Promoter or any entrant whether caused by problems with communication networks or lines, computer systems, software or internet providers, congestion on any carrier networks or otherwise;
  • b. any theft, destruction or authorised access to, or alteration of such communications; and
  • c. any problem with, or technical malfunction of, any computer system or other equipment used for the conduct of the Competition.

36. The conduct of the Competition and these terms and conditions are governed by the laws of South Australia. By submitting an entry, the entrant submits to the exclusive jurisdiction of the courts of South Australia.

Severability
37. 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.

Facebook
38. The Competition is in no way sponsored, endorsed or administered by, or associated with, Facebook. Each entrant agrees to release Facebook from all liability in connection with, or in relation to, the Competition.
39. The terms and conditions of the Competition are not intended to conflict with, or derogate from, the terms and conditions contained in Facebook’s ‘Statement of Rights and Responsibilities’ (https://www.facebook.com/legal/terms), ‘Data Use Policy’
(https://www.facebook.com/about/privacy) or the ‘Facebook Pages Terms’
(https://www.facebook.com/page_guidelines.php).

The following statement explains the Fulham Gardens Shopping Centre (“FG”) policy relating to the collection, storage and use of personal information.

Compliance with Privacy Legislation
FG complies with the National Privacy Principles contained in the Privacy Act 1988. 

Collection of Personal Information
Personal information is defined as information or an opinion that can identify a person. The type of personal information that FG collects from its customers will depend upon what dealings customers may have with FG.

Use and Disclosure of Personal Information
FG’s policy is only to use or disclose personal information for the purpose which was either specified or reasonably apparent at the time when the information was collected. FG may also use or disclose the information collected for any other related purpose for which a customer would reasonably expect it to be used. If FG wishes to use or disclose the personal information in other circumstances it would obtain the customer's consent to do so. 

Sharing information with other organisations
FG does not sell personal information to companies. The only circumstances in which external organisations may be given access to FG’s customer personal information are when FG’s contractors and service providers are assisting FG in the operation of its business or to provide a customer service (for example, a company which helps maintain FG’s computer systems or sends out FG’s mail). FG requires these organisations to agree to FG’s Privacy Policy and to strict conditions governing how this information may be used.

Marketing
FG may send advertising mail to its customers where the advertising mail is related to the purpose for which the information was collected. If the customer no longer wishes to receive promotional information from FG, the customer should advise FG’s Privacy Officer. Normally FG’s records would be amended within 30 days.

Cookies
A cookie is a small data file that may be placed on the computer of a web user (usually in the browser software folder) the first time a computer visits a web site which operates cookies. Cookies are necessary to facilitate on-line transactions and ensure security. If customers do not wish to receive any cookies they should set their browser to refuse cookies. FG does not use cookies to keep personal profiles of its customers' use of the FG Group website at www.fg-shoppingcentre.com.au 

Security of personal information
FG will take reasonable steps to protect personal information that it collects and reasonable
steps to ensure that the information is accurate and up-to-date. Customer information is held on secure servers or in storage located in controlled environments. FG Group employees are required to maintain the confidentiality of any personal information held.

Access to Personal Information
Customers are welcome to request details regarding what personal information FG may hold about them. To obtain the information, please contact the FG Privacy Officer. FG may require personal identification.

Changing Information
If the customer wishes to update personal information that may be inaccurate or out-of-date, they may write to FG’s Privacy Officer.

Changes in the Future
FG reserves the right to change this Privacy Policy at any time.

Additional Information on Privacy
For further information about privacy issues and the protection of privacy, visit the Australian Federal Privacy Commissioner's website at http://www.privacy.gov.au.
You can contact FG’s Privacy Officer as follows:
Ph (08) 8237 5000