1. These terms and conditions are for all entrants who participate in the Awkward Portraits Christmas Promotion (“Promotion”). Participation in this Promotion is deemed acceptance of these Terms and Conditions.
2. The “Promoter” is Villdock Pty Ltd, ABN 13 937 361 681. The address is 727 Collins Square, Collins Street, Docklands Vic 3008.
3. Participation is open to Australian residents aged 18 year or over.
4. No pets are allowed to participate in the Awkward Portraits.
5. This Promotion commences on Tuesday 5th December 2023 to Thursday 7th December between the hours of 11:00am and 2:00pm.
HOW TO PARTICIPATE
6. To participate in this Promotion, eligible individuals must, during the Promotion Period, simply: donate a minimum of $5 per person that participates in the Awkward Portrait to Property Industry Foundation using the QR codes provided at the activation. A digital Awkward Portrait will be sent to each person that participates via email provided.
7. It is a condition of entering the Promotion that entrants who opt-in agree for their personal information to be added to the Promoters database and to be used in accordance with the purposes set out in these Terms and Conditions.
8. Donations can only be made electronically via the QR codes provided at the activation. No cash donations will be accepted.
9. Donations $2 and over are tax deductible in Australia.
10. Upon making a donation a receipt will be sent from Property Industry Foundation directly to the email provided.
11. Eftpos donations will be available at the activation, however a tax deductible receipt will not be emailed or provided to donations made via the Eftpos machine.
12. Incomplete, indecipherable or illegible entries will be deemed invalid.
13. If there is a dispute as to the identity of the entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
14. Entrants consent to the Promoter using the entrant’s name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this Promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
15. The Promoter reserves the right, at any time, to verify the validity of entries (including contacting Participating Retailers) and entrants (including an entrant’s identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
16. If this Promotion is interfered with in any or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion to the fullest extent permitted by law to (a) disqualify an entrant; or (b) subject to any written directions from a regulatory authority to modify, suspend, terminate or cancel the Promotion, as appropriate.
17. The Promoter’s decision is final and no correspondence will be entered into.
18. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
19. 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, 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 their respective officers, employees and agents) exclude 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 the Promotion.
20. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including their respective officers, employees and agents) are not responsible for and exclude 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 correspondence that is late, lost, altered, damaged or misdirected due to any reason beyond the reasonable control of the Promoter; (d) any variation in the prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by an entrant or winner; or (f) use of the prize.