Terms and Conditions


Terms and Conditions of Entry – Win a $200 Market Square Gift Card!

  • Information on how to enter and prizes form part of the Terms and Conditions of Entry. Entry into this competition is deemed acceptance of these Terms and Conditions.
  • To the extent of any inconsistency between these Terms and Conditions and any other reference to this competition, these Terms and Conditions prevail.
  • The Promoter is Davinksi Nominees Pty Ltd, trading as Market Square Shopping Centre and Managed by Knight Frank Pty Ltd, Market Square Shopping Centre Geelong, Corners Malop and Moorabool Streets Geelong, VIC 3222 (‘Promoter’).

Who Can Enter

  • Subject to clause 5 and 6, this promotion is open to all Victorian (Australia) residents.
  • Employees, and their immediate families, of the Promoter are not eligible to enter this competition. Immediate family means any of the following: spouse, defacto spouse, child or step child (whether natural or by adoption), parent, step parent.
  • By submitting an entry into this competition, entrants consent to receive promotional and other marketing messages from the Promoter. Entrants will be able to opt-out at any time by following the instructions included in each message sent by the Promoter.

How To Enter

  • To enter eligible individuals must, during the Promotional Period (defined in clause 13):
    Enter the competition via Market Square’s website – www.marketsquaregeelong.com.au
    Or enter via Market Square’s Facebook Page – www.facebook.com/MarketSquareSC
  • To be considered a valid entry, a valid name, email address, suburb, DOB and mobile number must be provided.
  • Entrants will also receive a bonus entry for each user that clicks and enters the competition from an entrant’s shared link when entering via the Facebook address in clause 7b or through using the unique URL sent in the Market Square VIP enewsletter.
  • Subject to clause 9, only one entry per valid email is allowed.
  • The Promoter reserves the right, at any time, to verify the validity of claims and claimants (including a claimant’s identity, age and place of residence) and to disqualify any claimant who submits a claim that is not in accordance with these Terms and Conditions or who tampers with the claim process. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

Open, Close, Draw and Publish dates

  • Promotion commences 29 November 2018 at 9am and closes 28 December 2018 at 9am (‘Promotional Period’).
  • The winners will be drawn randomly on the 28 December 2018 at 10am and notified on the same day by phone. If a winner cannot be notified by 9am on the 3 January 2019, a new winner will be drawn and notified.

Prize Details

  • There is one prize to be won.
  • Prize winner will receive one $200 Market Square Gift Card to spend at participating Market Square retailers
  • Prize value $200.

Further Conditions

  • Winner’s name will be published on the Market Square website and other social media outlets operated by Market Square Shopping Centre at the discretion of the promoter (Market Square).
  • In participating in the prizes, the winners agree to participate and co-operate as required in all editorial activities relating to the Competition, including but not limited to being interviewed and photographed. The winners (and their companions) agree to granting the Promoter a perpetual and non-exclusive license to use such footage and photographs in all media worldwide, including online social networking sites, and the winners (and their companions) will not be entitled to any fee for such use.
  • All eligible entrants will be joined up to the Market Square VIP Club Membership program and will receive marketing communications from Market Square Shopping Centre.
  • Prize must be collected by the winner or an authorized representative nominated by the winner within a month of the prize being awarded from Market Square Shopping Centre Management, Level 1, Corner Moorabool & Malop Streets, Geelong, Victoria. If prize is not collected within one month of notification, the prize is voided.
  • Failure to claim the prize (within the time specified in these terms and conditions) or use the prize means the winner forfeits the prize and the promoter or its associated agencies take no responsibility for loss, damage or unused prizes.
  • If the winner is unable to comply with the competition’s terms and conditions, then they forfeit the prize.
  • Prizes are non-transferable and cannot be exchanged or sold.
  • Any entrant found to have used a third party (including online competition entry site) to enter on their behalf will have all entries invalidated and any claim they have to any prize will be invalidated. If such an entrant is awarded a prize and then found to have breached this clause, the entrant must immediately return any prize awarded. The Promoter has sole discretion to determine if this clause has been breached by any entrant. The Promoter reserves the right to request whatever documentation it deems necessary to confirm if the entrant has breached this clause. An entrant must provide any requested documentation to the Promoter upon request. The Promoter reserves the right to disqualify any entrant who provides false information or who seeks to gain an unfair advantage or to manipulate this competition.
  • Any entrant found to be entering incorrect contact details, including incorrect email contact details, will have all entries invalidated and any claim to any prize will be invalidated. If such an entrant is awarded a prize and then found to have breached this clause, the entrant must immediately return any prize awarded. The Promoter has sole discretion to determine if this clause has been breached by any entrant. The Promoter reserves the right to request whatever documentation it deems necessary to confirm if the entrant has breached this clause. An entrant must provide any requested documentation to the Promoter upon request.
  • If the prize is unavailable, for whatever reason, other than as a result of an ‘act of god’, the Promoter reserves the right to substitute the prize for a prize of equal or greater value, subject to State and Territory legislation. Cash will not necessarily be awarded as a substitute. It is a condition of accepting the prize that the winner must comply with all the conditions of use of the prize and prize supplier’s requirements. Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated.
  • The Promoter reserves the right to request winners to sign a winner’s deed of release (and indemnification) or any other relevant forms or agreements that the Promoter deems necessary, to provide proof of identity, proof of age, proof of residency at the nominated prize delivery address and/or proof of entry validity (including phone bill) in order to claim a prize. Proof of identification, residency, age and entry considered suitable for verification is at the discretion of the Promoter. In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered.
  • The Promoter reserves the right to conduct a redraw in the event that an entrant, claiming to be a winner, is unable to satisfy these Terms and Conditions or has breached these Terms and Conditions.
  • The Promoter’s decision in relation to any aspect of the competition is subject to State and Territory legislation but also final and binding on each person who enters. No correspondence will be entered into. No responsibility is accepted for late, lost or misdirected entries.

Privacy Collection statement

  • The Promoter and its related entities collect entrants’ personal information for the purpose of conducting and promoting this competition (including but not limited to determining and notifying winners) and for the purpose disclosed in clause 7.
  • The Promoter will handle your personal information in accordance with its Privacy Policy available at: https://www.marketsquaregeelong.com.au/privacy/
  • You may request access or to update your personal information or lodge a complaint by writing to The Privacy Officer, Knight Frank Australia Pty Ltd (ABN 17 004 973 684) of Market Square Shopping Centre Management, Corner Moorabool & Malop Streets, Geelong, VIC, 3220 or phoning 03 5221 2411.

Copyright, Statutory guarantees, Waiver and liability

  • All entries and any copyright subsisting in the entries become and remain the property of the Promoter who may publish or cause to be published any of the entries received.
  • Prize-winners are advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of that prize.
  • The Promoter (subject to State and Territory legislation) reserves the right to amend, cancel or suspend this competition if an event beyond the control of the Promoter corrupts or affect the administration security, fairness, integrity or proper conduct of this competition. The Promoter will disqualify any individual who has tampered with the entry process or any other aspect of this competition. In particular, computer generated entries and the use “scripting” is not permitted and will not be accepted.
  • Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
  • Nothing in these Terms and Conditions limit, exclude or modify or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), 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 its respective officers, employees and agents) is not responsible for and 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 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 claim 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 a prize The Promoter (including its’ officers, employees and agents) excludes all liability for any loss (including, without limitation, indirect, special or consequential loss or loss of profits or opportunity), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this competition including taking or using a prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law), including the Non-Excludable guarantees. Any change in value of the prize occurring between the publishing date and date the prize is claimed is not the responsibility of the Promoter.



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