1.1 These terms and conditions (Terms and Conditions) set out the terms and conditions for the Mastery Maserati (Promotion).
1.2 The promoter is Crown W48 Pty Ltd ABN 31 168 659 827 of Level 29, 1 Market Street, Sydney NSW 2000 (Promotor).
1.3 By entering and/or participating in the Promotion, each Eligible Participant agrees to these Terms and Conditions.
1.4 The Promotion is a game of chance.
2. Eligibility for entry
2.1 Entry is open to any person who is 18 years or over (where ‘person’ and references throughout include a reference to any other entity recognised by law), who has exchanged contracts with the Promoter for the purchase of a new residential lot in the Mastery apartment development located at 48 O’Dea Avenue, Waterloo, New South Wales (Mastery Apartment), (Eligible Participant).
2.2 Eligible Participants must supply the Promoter with their full names, address, email address and phone number. Eligible Participants must inform the Promotor of any changes to these details. Failure to do so constitutes a breach of these Terms and Conditions.
2.3 Entry is open to employees, directors, managers and contractors, and their immediate families, of the Promoter and the Promoter’s related companies only where:
a) the purchase of the Mastery Apartment is conducted at arms’ length; and
b) the person is not directly involved in the Promotion,
Immediate family means any of the following: spouse (including de facto), child, parent, parent- brother- or sister- in-law, sibling, grandparent, grandchild, uncle, aunt, niece, nephew, or first cousin, (including step-relations of same).
3.1 There is no fee payable to enter the Promotion.
3.2 An Eligible Participant is automatically entered into the Promotion when he or she exchanges contracts with the Promoter for the purchase of a Mastery Apartment (Eligible Entrant).
3.3 Where there is more than one purchaser of a single Mastery Apartment, all purchasers are taken together to be a single Eligible Entrant. In this event, the purchasers must nominate one purchaser who may claim the Prize (defined below). The Promotor will not become involved in any dispute between purchasers in connection with the right to claim the Prize.
3.4 The number of entries in the Promotion an Eligible Entrant receives is determined by the table below, depending on whether Entry Format 1 or Entry Format 2 applies:
a) Entry Format 1 applies where the Eligible Entrant has submitted an expression of interest for a Mastery Apartment to the Promoter and paid an expression of interest deposit to the Promoter on or before 11:59pm AEDT on 18 October 2018; and
b) Entry Format 2 applies to any Eligible Entrant who does not fall within Entry Format 1.
|Mastery Apartment type||Number of entries|
|Entry Format 1||Entry Format 2|
1 bedroom apartment
2 bedroom apartment
3 bedroom apartment
3.5 If an Eligible Participant does not wish to be entered into the Promotion, please advise the Promotor by email to firstname.lastname@example.org by the Closing Date (defined at clause 5.1 below).
4.1 The winner of the Promotion (Winner) will receive one new vehicle (Prize) which is a Maserati Quattroporte 2023 with automatic transmission, without optional accessories, and including on-road costs (stamp duty, dealer delivery, registration (12 months) and compulsory third-party insurance (12 months)) valued up to $250,000.
4.2 The Prize does not include comprehensive insurance or any other accessories not specified above. The Promotor will not be responsible for any other costs associated with the Prize.
4.3 The total Prize value at the time of publication of these Terms and Conditions is up to $250,000. The Promoter accepts no responsibility for any variation in the Prize value.
4.4 The Prize must be taken as offered. It is not transferable, exchangeable or redeemable for cash.
4.5 In the event that the Prize is unavailable for any reason, the Promoter reserves the right in its discretion to substitute a prize item of equal or greater value, subject to any written directions from any regulatory authority.
5. Promotion period and prize draw
5.1 The Promotion commences on 6:00pm AEDT on 18 October 2018 (Opening Date) and closes on 5:00pm AEDT on 10 December 2021 (Closing Date).
5.2 The Promoter will randomly select an Eligible Entrant as the Winner using a barrel draw containing all entries of Eligible Entrants at 6:00pm AEDT on 11 December 2021 at Level 29, 1 Market Street, Sydney NSW 2000 (Prize Draw).
5.3 The Eligible Entrant whose entry is randomly selected will win the Prize.
5.4 The allocation of the Prize to the Winner by the Promoter is final and the Promoter will not enter into any correspondence in relation to the Prize or the Promotion.
6.1 The Winner will be notified by phone and email, using the contact details provided by the Eligible Participant to the Promoter in accordance with clause 2.2 by no later than 14 December 2021.
6.2 The name (initial and surname) of the Winner will also be published on the Promotor’s website.
6.3 If the Winner cannot be contacted by 14 December 2021, the Promoter will use reasonable endeavours to notify the Winner until the date by which the Winner must claim the Prize under clause 6.5, below.
6.4 The Winner must, at the Promoter’s request, participate in all promotional activity (such as publicity and photography) in relation to the winning of the Prize, free of charge, and consent to the Promoter using the winner’s name and image in promotional material. The Winner grants to the Promoter the right to publicise their name, photographs and use their name and photographs in various materials, including but not limited to the Promoter’s website, advertising, newsletters, and other promotional material without any reference or compensation being made to the Winner.
6.5 The Winner must claim and collect the Prize within three months of the Prize Draw from Level 29, 1 Market Street, Sydney NSW 2000 or other location as agreed between the Winner and the Promotor. The date and/or location for collection of the Prize may be varied with the written agreement of the Winner and the Promotor.
6.6 The Promotor is not liable for any expenses incurred by the Winner in collecting the Prize.
6.7 The Winner must be eligible to claim the Prize. To be eligible to claim the Prize, the Winner must be an Eligible Participant and must:
a) be capable of obtaining motor vehicle registration of the Prize in his or her name in accordance with applicable legislation. If the Winner is, through any legal incapacity or otherwise, unable to register the Prize in his or her name, then he or she may transfer the Prize to another person with legal capacity for the purpose of registering the Prize in the State or Territory in which the Winner or the other person resides, notwithstanding any other provision of these Terms and Conditions;
b) complete the contract for sale on the relevant Mastery Apartment giving rise to the winning entry (that is, the property must settle) by the time of the Prize Draw; and
c) not have breached these Terms and Conditions.
6.8 The Promotor reserves the right to request that the Winner provide proof of identity, age, and other requirements for eligibility set out in these Terms and Conditions, to the satisfaction of the Promotor in its reasonable discretion.
6.9 If any of the following circumstances apply, any claim the Winner has or had to the Prize will be forfeited:
a) the Winner is not eligible to claim the Prize for any reason set out in clause 6.7; or
b) the Winner chooses not to claim the Prize, or
c) the Winner does not take or claim the Prize within the time required under clause 6.5 above.
6.10 In the event that a Winner’s claim to the Prize is forfeited for any reason, including for the reasons set out at clause 6.9 above, the Promotion will be re-drawn (Re-Draw). The Re-Draw will be conducted by close of business 7 February 2022 at the Promotor’s office, Level 29, 1 Market Street, Sydney NSW 2000, subject to the directions of any regulatory authority. For the purposes of the Re-Draw, all Eligible Entrants (except for the Winner) will be eligible and the Promoter will randomly draw one Eligible Entrant from the entries, who will be the winner of the Re-Draw (Substitute Winner). The Substitute Winner will be notified by email and phone using the details provided to the Promoter. The name and suburb of the Substitute Winner will also be published on the Promotor’s website. In the event of a Re-Draw, all references to ‘Winner’ in these Terms and Conditions will, as appropriate, be read as references to the ‘Substitute Winner’.
7. Exclusion of liability
7.1 Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth) or any other implied terms, conditions or warranties under other legislation (Non-Excludable Guarantees).
7.2 Except for any liability that cannot by law be excluded, including liability under the Non-Excludable Guarantees, the Promoter (including its officers, employees and agents) is not liable for any loss or damage, including but not limited to direct, consequential (including economic) or indirect loss or any loss of profits, arising in any way out of the Promotion or under these Terms and Conditions.
7.3 Without limiting clause 7.2, the Promoter is not liable for:
a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);
b) any theft, unauthorised access or third party interference in the Promotion;
c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after its 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; or
e) the taking or use of the Prize by any person.
8. Cancellation and disqualification
8.1 The Promoter may disqualify any individual from the Promotion who:
a) tampers with the entry process or any other aspect of this Promotion; or
b) engages in offensive, illegal or, in the reasonable view of the Promoter, objectionable conduct in respect of the Promotion.
8.2 The Promoter reserves the right to cancel or suspend the Promotion:
a) if the security, fairness, integrity or proper operation of the Promotion is compromised because of causes beyond the reasonable control of the Promoter; or
b) in accordance with any written direction given by a government authority to do so.
9.2 Copyright: 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.
9.3 Tax: Any taxes which may be payable as a consequence of the Winner receiving the Prize are the sole responsibility of the Winner.
9.4 Force majeure: The Promoter (subject to State and Territory legislation) reserves the right to amend, cancel or suspend this Promotion if an event beyond the control of the Promoter prevents or hinders the Promotion, including but not limited to natural disasters, acts of God, civil unrest or strikes.
9.5 Severability: In the event any provision of these Terms and Conditions is held to be invalid or unenforceable for any reason, any such provision shall be deemed modified to the minimum extent necessary to make it valid or enforceable. If the relevant provision cannot be so modified, any such invalidity or unenforceability will attach only to the provision and will not affect or render invalid or unenforceable any other provision of these Terms and Conditions.
9.6 Governing law: This Agreement, and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with, the laws of the State of New South Wales; and is subject to the jurisdiction of the courts of New South Wales.
The Promotor is Crown W48 Pty Ltd ABN (31 168 659 827) of Level 29, 1 Market Street, Sydney NSW 2000, telephone 1800 895 610.
Authorised under NSW Permit No. LTP [ ]