McDonald Jones Homes 30th birthday giveaway promotion

CONDITIONS OF ENTRY

1. Information on how to enter, mechanics of entry and prizes form part of these Conditions of Entry. Entry into the promotion is deemed acceptance of these Conditions of Entry. Entry is in accordance with ‘How to Enter’ of these Conditions of Entry only.

ELIGIBILITY

2. Entry is only open to residents of Australia (excluding SA residents) aged 18 years or older who:

a.

i. are new clients of McDonald Jones (MJH) and who;

ii. obtain a quote from MJH to build their preferred home design and façade (Quote) on or after 01/08/2017 to 31/07/ 2018 (inclusive) or during the Promotional Period; and

iii. pay a non-refundable acceptance fee of AUD$5,000.00 (Deposit) within fourteen (14) days of the Quote being issued; and

iv. sign the contract for the build of their preferred home and façade within four (4) months from the date of paying the Deposit,

OR

b.

i. are already potential clients in the MJH system and who have requested or obtained a Quote on or after 01/07/2017 but before 01/08/2017; and

ii. pay their Deposit before 31/08/2017; and

iii. sign the contract for the build of their preferred home and façade within four (4) months from the date of paying the Deposit,

AND

c. complete the build of their preferred home and façade in the manner contractually required, including but not limited to, in the event an Entrant is a winner:

i. paying in full in cleared funds and in advance of the applicable prize being awarded, the remaining balance (if applicable) for the build, being the difference (if any) between the cost of their preferred home and façade and the total applicable prize amount awarded;

ii. undertaking and committing to completion of construction of the preferred home design and façade in the manner particularised in the contract; and

iii. paying the total remaining balance of the build from the applicable prize amount in the manner required,

(Entrants).

3. Eligible Entrants will be automatically entered into the applicable Promotional Stage as and when they become eligible.

4. Preferred home designs and façades are only available for construction in New South Wales and the Australian Capital Territory, within currently available MJH construction regions.

5. The directors, management and employees (and their immediate families) of the Promoter, its related entities, printers, suppliers, providers and agencies whom are directly associated with the conduct of this promotion are ineligible to enter the promotion. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.


PROMOTIONAL PERIOD

6. The promotion commences at 10:00am (AEST) on 01/08/2017 and ends at 11:59pm (AEST) on 31/07/2018 (Promotional Period).

7. The Promotional Period will be divided into twelve (12) promotional stages, commencing and closing on the dates and times AEST/AEDT (depending on the date) set out below, for the purpose of determining winners and awarding prizes in this promotion (each, a Promotional Stage).

8. Each Promotional Stage will have its own draw at Suite 12, 285A Crown Street, Surry Hills, NSW 2010 on the date and time AEST/AEDT (depending on the date) set out below (each, a Draw). All Entries received during a Promotional Stage will be entered into the corresponding Draw to determine one (1) winner for that Promotional Stage. Entries for each Promotional Stage must be received by the Promoter during the Promotional Stage to be eligible for the corresponding Draw. Entries received in a given Promotional Stage are only eligible for the corresponding Draw and will NOT rollover into any subsequent Draw(s). The winners will be notified personally and/or in writing within two (2) business days of the relevant Draw and their names and localities will be published in The Australian and on the Promoter’s website at mcdonaldjoneshomes.com.au (Promotional Website) in accordance with the table below, and will remain on the Promotional Website for no less than twenty-eight (28) days. All reasonable steps to notify winners of the results of the Draws will be taken by the Promoter. The Promoter’s decision is final and no correspondence will be entered into. Promotional Stages and Draws will be held as follows:

Promotional Stage

Start

End

Draw

Publication

1

10:00am on 01/08/2017

11:59pm on 31/08/2017

10:00am on
04/09/2017

06/09/2017

2

12:00am on 01/09/2017

11:59pm on 30/09/2017

10:00am on
03/10/2017

05/10/2017

3

12:00am on 01/10/2017

11:59pm on 31/10/2017

10:00am on
03/11/2017

07/11/2017

4

12:00am on 01/11/2017

11:59pm on 30/11/2017

10:00am on
04/12/2017

06/12/2017

5

12:00am on 01/12/2017

11:59pm on 31/12/2017

10:00am on
10/01/2018

12/01/2018

6

12:00am on 01/01/2018

11:59pm on 31/01/2018

10:00am on
02/02/2018

06/02/2018

7

12:00am on 01/02/2018

11:59pm on 28/02/2018

10:00am on
02/03/2018

06/03/2017

8

12:00am on 01/03/2018

11:59pm on 31/03/2018

10:00am on
03/04/2018

05/04/2018

9

12:00am on 01/04/2018

11:59pm on 30/04/2018

10:00am on 02/05/2018

04/05/2018

10

12:00am on 01/05/2018

11:59pm on 31/05/2018

10:00am on
04/06/2018

06/06/2018

11

12:00am on 01/06/2018

11:59pm on 30/06/2018

10:00am on
03/07/2018

05/07/2018

12

12:00am on 01/07/2018

11:59pm on 31/07/2018

10:00am on
01/08/2018

06/08/2018

RESERVES

9. The Promoter may draw five (5) additional reserve Entries in each Draw and record them (in order) in case an invalid entry or ineligible entrant is drawn or the entrant is ineligible to accept or declines to participate in the prize. Each entrant whose Entry is drawn by the Promoter must confirm their eligibility to be awarded the prize and their ability to accept and participate in the prize and complete all actions required under Condition 2(a) or (b) for eligibility within 14 business days of being successfully notified by the Promoter that their Entry has been drawn, otherwise their entry will be deemed invalid. In the event of an invalid entry or an ineligible entrant, or if the entrant is ineligible to accept or declines to participate in the prize, the prize will be awarded to the first reserve entrant drawn. If the prize cannot be awarded to the Entrant drawn, the Promoter will continue this process until the prize is awarded. If after this process a prize has still not been awarded, or if an Entrant drawn cannot be notified, the Promoter will hold an unclaimed prize draw in accordance with Condition 26. For the avoidance of doubt, only once an entrant has confirmed their eligibility to be awarded the prize and ability to participate in the prize and has completed all actions required under Conditions 2(a) or (b) and otherwise complied with the eligibility requirements will the entrant, subject to these Conditions of Entry, be an Eligible Entrant and deemed a winner.


HOW TO ENTER

10. To enter the promotion, Entrants must:

a. obtain a Quote from MJH in the manner required in accordance with Condition 2;

b. pay the Deposit in accordance with Condition 2; and

c. sign the contract for the build of their preferred home and façade in accordance with Condition 2,

(together, an Entry).

11. Entrants who enter in the manner required at Condition 10 will automatically receive one (1) entry into the promotion. Multiple Entries are permitted, however each Entry must be based on a separate Quote and Deposit for a separate preferred home and façade and must independently comply with these Conditions of Entry. For the avoidance of doubt, Entrants must commit to and continue toward completion of the build in the manner contractually required, including by completing the requirements under Condition 2, otherwise their Entry will be deemed invalid.

12. Each Entrant must retain and may be required to present proof of payment of their Deposit and sign any documents reasonably required by the Promoter to confirm that the Entrant will complete the build of their preferred home and façade, in order to claim a prize. If an Entrant is unable to provide proof of payment of their Deposit and/or is unwilling to sign any documents reasonably required by the Promoter to confirm that the Entrant will complete the build of their preferred home and façade, then all Entries of that Entrant will be ineligible and deemed invalid. Proof of payment of their Deposit includes showing the original and providing a copy of the Deposit receipt or payment remittance for each Deposit made during the Promotional Period.

 

PRIZES

13. The first eligible Entry from an eligible Entrant randomly drawn from all Entries received during the corresponding Promotional Stage will win a contribution of the value of their original preferred home and façade only, up to a total maximum of AUD$300,000.00 (applicable suite of standard fittings and fixtures only apply to calculation of home and façade value) credited to the build of their preferred home and façade. For the avoidance of doubt and by way of example, Entrants whose original preferred home and façade with standard fittings and fixtures selected is valued at AUD$200,000 will only receive AUD$200,000.00. Entrants whose original preferred home and façade with standard fittings and fixtures selected is valued at AUD$500,000.00 will only receive AUD$300,000.00.

14. The prize does not include the land that the preferred home and façade selected is to be built on. The land must be purchased separately. If a winner chooses to purchase a house and land package with MJH, the prize is only applicable to the build of their preferred home and façade and NOT to the land.

15. An Entrant whose Entry is drawn as the winning Entry may choose to upgrade their preferred home and façade originally selected to a home and façade of greater value than their original preferred home and façade. If an Entrant whose Entry is drawn as the winning Entry chooses to upgrade their preferred home and façade, they may use the prize amount won as a deposit toward the upgrade to the new preferred home and façade. For the avoidance of doubt, the prize amount won will be the value of the original preferred home and façade and NOT the value of the upgraded preferred home and façade and at all times the winner must remain an eligible Entrant including in particular the obligations in Condition 2(c).

16. A prize does not include a reimbursement of the Deposit.

17. Any additional selections and upgrades (including electrical selections) chosen by a winner in the MyChoice Design Studio that are not included in the standard fittings and fixtures as outlined in the winner’s building contract are not included in the prize. Additional selections and upgrades (if any) chosen by a winner are done so at the cost and responsibility of the winner.

18. An Entrant whose Entry is drawn as the winning Entry must pay in total the remaining balance (if applicable) for the build of their preferred home and façade, being the difference (if any) between the value of their preferred home and façade and the total applicable prize amount before being awarded the prize. For example, if an Entrant has selected a preferred home and façade worth AUD$500,000.00 and has therefore won AUD$300,000.00, the Entrant must pay the balance of AUD$200,000.00 for the build in the manner required before being awarded the prize amount.

19. The Promoter reserves the right to request a winner produce (within the requested time) appropriate photo identification or other documentation (to the Promoter's satisfaction, at its sole discretion) in order to confirm the identity and age of the winner before issuing the prize and at any time during their participation in the prize.

20. It is a condition of accepting and participating in a prize that the winner may be required to sign eligibility form(s), code(s) of conduct and/or legal release(s) (including prize acceptance release(s)) in a form determined by the Promoter in its absolute discretion.

21. The total maximum prize pool value is up to AUD$3,960,000.00. A prize is not transferable or exchangeable and cannot be taken as cash (unless otherwise indicated). A prize must be taken as agreed between a winner and the Promoter. A prize cannot be used or redeemed in conjunction with any other offer. The Promoter accepts no responsibility for any tax implications that may arise from prize winnings. Independent financial advice should be sought. The Promoter accepts no responsibility for any variation in prize value. All prize values are the recommended retail price including GST.

SECOND CHANCE DRAW

22. All remaining eligible Entries that have not been randomly drawn as the winning Entry from all Entries received during a Promotional Stage will be entered into a second chance draw (Second Chance Draw) to be held in accordance with the table below, with each Second Chance Draw to take place at Suite 12, 285A Crown Street, Surry Hills NSW 2010 to determine one (1) Second Chance Draw winner for that Promotional Stage. The winner will be notified personally and/or in writing within two (2) business days of the Second Chance Draw and their name and locality will be published in The Australian and on the Promotional Website in accordance with the table below, and will remain on the Promotional Website for no less than twenty-eight (28) days. All reasonable steps to notify the winner of the results of the Second Chance Draw will be taken by the Promoter. The Promoter’s decision is final and no correspondence will be entered into.

Promotional Stage

Second Chance Draw

Publication

1

10:00am on
11/01/2018

15/01/2018

2

10:00am on
05/02/2018

07/02/2018

3

10:00am on
05/03/2018

07/03/2018

4

10:00am on
04/04/2018

06/04/2018

5

10:00am on
03/05/2018

07/05/2018

6

10:00am on
04/06/2018

06/06/2018

7

10:00am on
02/07/2018

04/07/2018

8

10:20am on
01/08/2018

 06/08/2018

9

10:30 am on
01/08/2018

 06/08/2018

10

10:40am on
01/08/2018

 06/08/2018

11

10:50am on
01/08/2018

 06/08/2018

12

11:00am on
01/08/2018

 06/08/2018

23. The first eligible Entry randomly drawn from all Entries entered into the Second Chance Draw for each Promotional Stage will win a contribution to the value of AUD$30,000.00 credited towards the build of their home.

24. An Entrant whose Entry is drawn as the winning Entry must pay in total the remaining balance (if applicable) for the build of their preferred home and façade less the AUD$30,000. For example, if an Entrant has selected a preferred home and façade worth AUD$500,000.00, the Entrant must pay $470,000.00 for the build in the manner required before being awarded the prize amount.

25. A prize is not transferable or exchangeable and cannot be taken as cash (unless otherwise indicated). A prize must be taken as agreed between a winner and the Promoter. A prize cannot be used or redeemed in conjunction with any other offer. The Promoter accepts no responsibility for any tax implications that may arise from prize winnings. Independent financial advice should be sought. The Promoter accepts no responsibility for any variation in prize value. All prize values are the recommended retail price including GST.


GENERAL

26. The Promoter may conduct a further draw at the same time and place as an original Draw or Second Chance Draw as is necessary, in accordance with the table below for each Promotional Stage, in order to distribute the prize if (if any) unclaimed by that date for the relevant Promotional Stage, subject to any written directions given under applicable State or Territory legislation. In the event of any winner in an unclaimed prize draw, the winner will be notified in writing within two (2) days of the draw, and the name and locality of the winner will be published in The Australian and on the Promotional Website in accordance with the table below, and will remain on the Promotional Website for no less than twenty-eight (28) days. All reasonable steps to notify the winner(s) of the results of an unclaimed prize draw (if any) will be taken by the Promoter. The Promoter’s decision is final and no correspondence will be entered into. Unclaimed prize draws will be held as follows:

Promotional Stage

Unclaimed Prize Draw

Publication

1

10:00am on
12/04/2018

16/04/2018

2

10:00am on
07/05/2018

09/05/2018

3

10:00am on
07/06/2018

11/06/2018

4

10:00am on
05/07/2018

09/07/2018

5

10:00am on
06/08/2018

08/08/2018

6

10:00am on
05/09/2018

07/09/2018

7

10:00am on
03/10/2018

05/10/2018

8

10:00am on
01/11/2018

 05/11/2018

9

10:10 am on
01/11/2018

 05/11/2018

10

10:20am on
01/11/2018

 05/11/2018

11

10:30 am on
01/11/2018

 05/11/2018

12

10:40am on
01/11/2018

 05/11/2018

27. Entrants can only enter in their own name. Entrants who provide incorrect, misleading or fraudulent information are ineligible to participate in the promotion and all Entries of an Entrant who is deemed by the Promoter to have provided incorrect, misleading or fraudulent information may, at the discretion of the Promoter, be deemed invalid. The Promoter reserves the right to request the Entrant produce (within the requested time) appropriate photo identification or other documentation (to the Promoter’s satisfaction, at its sole discretion) in order to confirm the Entrant’s identity, age, residential address, eligibility to enter and claim a prize, and any information submitted by the Entrant in entering the promotion, before issuing a prize. If any documentation required by the Promoter is not received by the Promoter (or its nominated agent) or an Entrant or Entry has not been verified or validated to the Promoter’s (or its nominated agent’s) satisfaction then all the Entries of that Entrant may be ineligible and deemed invalid.

28. The Promoter reserves the right to verify the validity of any and all Entries and to disqualify any Entrant for: (a) tampering with the entry process; (b) submitting an entry which is not in accordance with these Conditions of Entry; or (c) engaging in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.

29. A prize will only be awarded following any winner validation and verification that the Promoter, or its nominated agents, requires in their sole absolute discretion.

30. An Entry and any copyright subsisting in an Entry irrevocably becomes, at time of entry, the property of the Promoter.

31. As a condition of entering this promotion, each Entrant consents to the Promoter and its external media partners using the Entrant's name, locality (including suburb and State or Territory of residence), likeness, image and/or voice (including photograph, film and/or recording of the same) in any media worldwide for an unlimited period of time without further notification, remuneration or compensation for the purpose of promoting, publicising or marketing the promotion (including any outcome), and/or promoting any products or services manufactured, distributed and/or supplied by the Promoter. The Entrant agrees that the Entrant will participate in all reasonable promoted activities in relation to the promotion as requested by the Promoter and its agents and sign any additional documents reasonably required by the Promoter to give effect to this condition.

32. If a prize or element of a prize becomes unavailable, for any reason beyond the Promoter’s reasonable control, then a comparable prize or prize element of equal or greater value will be awarded in lieu, subject to any written directions made under applicable State or Territory legislation.

33. If the promotion is not capable of running as planned for any reason beyond the reasonable control of the Promoter, including because of war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorised intervention, technical failures, directions of regulators or industry self-regulatory bodies or any 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 cancel, terminate, modify or suspend the promotion and/or if necessary to provide alternative prize(s) to the same value as the original prize(s), subject to any written directions made under applicable State or Territory legislation.

34. The Promoter and its associated agencies and companies exclude all liability (including negligence) except for any liability that cannot be excluded by law (including any applicable consumer guarantee under the Australian Consumer Law), for any direct or indirect injury, loss and/or damage arising in any way out of the promotion. This includes, but is not limited to: (i) technical malfunctions, delays or failures, including those resulting from accessing any materials related to this promotion and any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this promotion as a result of any technical malfunctions, delays or failures; (ii) theft, unauthorised access or third party interference; (iii) lost or damaged entries, prize claims or prize[(s)]; and/or (iv) acceptance and/or use of any prize. Applicable manufacturers and/or distributors should be contacted in regards to all prize warranty claims (where applicable).

35. All of the Promoter’s decisions in respect of the promotion are final and no correspondence will be entered into.

 

PRIVACY

36. The Promoter collects Personal Information about an Entrant to include the Entrant in the promotion, award the prizes (where appropriate) and use the information to assist in improving the goods and services of the Promoter. If the Personal Information requested is not provided, the Entrant cannot participate in the promotion and is deemed ineligible.

37. An Entrant also agrees that the Promoter may, in the event the Entrant is a winner, publish or cause to be published the Entrant winner’s name and locality in any media, as required under the relevant State or Territory lottery legislation.

38. The Promoter will provide to each Entrant, at time of entry into the promotion (or as soon as reasonably practicable thereafter), a collection statement that details the Personal Information being collected, the purpose of its collection, where the Personal Information will be stored and how it will be shared with third parties. The collection statement will comply with the Promoter’s disclosure obligations under the Privacy Act 1988 (Cth).

39. Entrants can gain access to, update or correct any of their Personal Information held by the Promoter by contacting the Promoter’s Privacy Officer at 02 4918 2290. All Personal Information will be stored by the Promoter in accordance with the Promoter’s Privacy Policy. A copy of the Promoter’s Privacy Policy in relation to the treatment of Personal Information collected may be obtained at http://www.mcdonaldjoneshomes.com.au/website-terms-conditions-privacy-policy.

40. By entering the promotion, Entrants acknowledge that a further primary purpose for collection of the Entrant’s Personal Information by the Promoter is to contact the Entrant in the future with information about the Promoter, including special offers, market research or to provide the Entrant 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 an Entrant’s Personal Information with its Australian and overseas related companies, servants, employees, agents and trusted third parties who may contact the Entrant for their legitimate commercial purposes, including special offers, market research or to provide the Entrant with marketing materials in this way. By entering the promotion, Entrants acknowledge and agree that the Promoter and any applicable third parties may use their Personal Information in the manner set out in this condition.

41. In these Conditions of Entry: “Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth). “Personal Information” means, for the purpose of the Privacy Act 1988 (Cth), information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether the information or opinion is recorded in a material form or not.

42. Promoter: Newcastle Quality Constructions Pty Ltd. T/A McDonald Jones Homes (ABN 82 003 687 232) of 9B Huntingdale Drive Thornton, NSW 2323; telephone: 02 4918 2290.

NSW Permit No. LTPS/17/16441. ACT TP 17/01434.