Competition Terms & Conditions
140 PERTH Black Friday City-Wide Promotion 2024
Terms and Conditions
1. These terms and conditions are for all entrants who enter the 140 Perth Black Friday City-Wide Promotion (Promotion). Participation in this Promotion is deemed acceptance of these Terms and Conditions.
2. The Promoter is CBUS Property 140 William Street Pty Ltd (CAN 119 831 024), 140 William Street, Perth WA 6000. Telephone: +61 8 9420 1000 (the Promoter).
ELIGIBILITY
3. This Promotion is only open to Western Australian residents aged 18 years or over and who, during the Promotion Period, opt-in to receive marketing communications from the Promoter and remain opted-in at the time of the determination of winners. (Eligible Entrant).
4. The following persons are ineligible to enter this Promotion: Directors, officers, management and employees (and their immediate families) of:
i. the Promoter, One40william /140 Perth;
ii. any of the participating tenants or retailers in the participating premises; or
iii. any of the Promoter’s agencies or companies that are associated with the Promotion.
PROMOTION PERIOD
5. This Promotion commences at 9.00am (AWST) on 18 November 2024 and ends at 6.00pm (AWST) on 27 November 2024 (Promotion Period).
HOW TO ENTER
6. To enter, you must, during the Promotion Period, visit https://140.com.au/black-friday-win (Website) locate the entry page and fill out and submit the online entry form including opting-in to the Promoter’s database and provide all other requested information.
7. The Promoter is not responsible if your mobile device/desktop is not sufficiently capable for the purpose of submitting an entry.
8. Multiple entries are not allowed during the Promotional Period.
DRAW DETAILS
9. There will be 6 winners determined in respect of this Promotion – 1 x first prize winner, 1 x second prize winner and 4 x third prize winners.
10. There will be 1 draw conducted. The draw will be held at 3pm (AWST) on Thursday 28 November 2024 at 140 William Street, Perth WA 6000.
11. The first valid entry drawn randomly from the entries received during the Promotion Period will win the first prize. The next valid entry randomly drawn will win the second prize. The next 4 valid entries randomly drawn will each win the third prize.
12. The Promoter reserves the right to draw reserve entries in a draw and record them in order, in case a winning entry/entry is deemed invalid or a prize is unclaimed (Reserve Entrants).
WINNER NOTIFICATION
13. The provisional winners will be notified in writing via their supplied email address within 3 business days of determination.
14. Each winner’s name (first name and last initial only) will be announced on 140 Perth’s social media profiles. Winners will be published within 2-5 days of winner notification. The social media profiles for 140 Perth are below:-
1. Instagram: https://www.instagram.com/140perth/
2. Facebook: https://www.facebook.com/140Perth
PRIZES
15. There are 6 prizes available as follows:
🥇 1 x First Prize = valued at $350 (140 Perth Gift Card/s)
🥈1 x Second Prize = valued at $200 (140 Perth Gift Card/s)
🥉4 x Third Prizes = each valued at $50 (140 Perth Gift Cards/s)
The 140 Perth Gift Cards will be supplied by the Promoter in any available denominations totalling the cited amount above for the relevant prize.
PRIZE REDEMPTION
16. Your prize will be available for collection until the cited Prize Claim Date at the following premises: Level 1, 140 William Street, Perth, WA 6000. You must show the ‘Notification of Win’ email and provide proof of identity. Any ancillary costs associated with redeeming the 140 Perth gift card are not included. All Gift Cards must be redeemed within the prescribed timeframe per the expiry date shown on the back of each card.
The total prize pool is valued at $750.
UNCLAIMED PRIZES
Prize claim date: By 5pm (AWST) Wednesday 11 December 2024.
Unclaimed prize determination: 12pm (AWST) Thursday 12 December 2024.
17. If a winning Eligible Entrant does not respond to the Promoter’s notification by the prize claim date above, or if, after making all reasonable attempts, the Promoter can’t contact a winner (or a winner does not contact the Promoter) by the prize claim date above, the relevant entry/ies will be discarded and the Promoter will re-award the relevant prize/s to Reserve Entrant/s and/or carry out an unclaimed prize draw at the date, time and place stated above, in descending order of value amongst valid Eligible Entrants who (if possible) have not already won an unclaimed prize. Any such winner/swill be notified in writing (by email) within 2 business days of determination.
18. The Promoter takes no responsibility if, after the Promoter has made all reasonable attempts to contact a winning Eligible Entrant, a winning Eligible Entrant fails or neglects to respond by the prize claim date above, and consequently forfeits the relevant prize.
GENERAL
19. Your entry must be received during the Promotion Period and will be deemed to be received only when received by the Promoter. You will receive a return message confirming your entry. The Promoter is not liable for any problems with communications networks outside its reasonable control.
20. The Promoter is not responsible for any dispute between you and any person with whom you choose to, or choose not to, share a prize.
21. Any material failure by you to comply with the conditions imposed by the prize supplier(s) may result in the prize being cancelled or withdrawn without liability for the Promoter or the prize supplier(s).
22. You must, if required by the Promoter, sign disclaimer and release forms provided by the Promoter in favour of the Promoter and other parties before taking the prize. If you do not sign, your entry will be deemed invalid and you will lose any entitlement to a prize.
23. The Promoter is not liable for entries, prize claims or correspondence that are misplaced, misdirected, delayed, lost, incomplete, indecipherable, illegible or incorrectly submitted entries for reasons outside the Promoter’s reasonable control.
24. If any dispute arises between you and the Promoter concerning the conduct of this Promotion or claiming a prize, the Promoter will take reasonable steps to consider your point of view, taking into account any facts or evidence you put forward, and to respond to it fairly within a reasonable time. In all other respects, the Promoter’s decision in connection with all aspects of this Promotion is final.
25. Prizes and all elements of prizes must be taken as specified, as and when offered and cannot be altered or changed in any way by you or will be forfeited, and if forfeited, the Promoter will not be liable. Prizes are subject to the standard terms and conditions of individual prize and service providers including validity periods. If for any reason a winner does not take the prize or an element of the prize at the time stipulated, for whatever reason then the prize or that element of the prize will be forfeited and will not be redeemable for cash or any alternative prize as a substitute.
26. If any prize (or part of any prize) is unavailable due to reasons beyond the control of the Promoter, the Promoter at its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
27. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified. Without limiting any other term of these Terms and Conditions, all prizes (and elements of prizes) must be taken as and when specified, or will be forfeited with no replacement. The prize values are correct as at the date of preparing these Terms and Conditions and include any applicable GST. The Promoter is not responsible for any change in prize value. You agree that if a prize (or element of a prize) is unavailable for any reason the Promoter may provide another item of equal or higher value, subject to any necessary approval by the state/territory gaming authorities.
28. By entering, you request that your full address not be published.
29. If you are a winner, you consent to the Promoter using your name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media without remuneration for promotional or advertising purposes, including to promote this Promotion (including any outcome).
30. If you or your entry are deemed by the Promoter to breach these Terms and Conditions materially, your entry (or at the Promoter’s discretion, all of your entries) may be discarded. The Promoter reserves the right, at any time, to verify the validity of entries (including contacting Participating Retailers) and entrants, the Promoter may, at any time, require you to produce documentation to establish to the Promoter’s reasonable satisfaction the validity of your entries and/or verifying your identity (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.
31. You must not:
i. tamper with the entry process (including but not limited to manipulating the system via bots, script use, or any other means to circumvent the entry process);
ii. engage in any conduct that may jeopardise the fair and proper conduct of the Promotion;
iii. act in a disruptive, annoying, threatening, abusive or harassing manner;
iv. do anything that may diminish the good name or reputation of the Promoter or any of its related entities or of the agencies or companies associated with this Promotion;
v. breach any law; or
vi. behave in a way that is otherwise inappropriate.
32. 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 software, hardware or communication issues, tampering, government directives, a pandemic, public health orders, technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its reasonable discretion to the fullest extent permitted by law to (a) disqualify an entrant; or (b) subject to any written directions from a state/territory gaming regulatory authority to modify, suspend, terminate or cancel the Promotion, as appropriate.
33. The Promoter is not responsible for any tax implications arising from you winning a prize. You should seek independent financial advice. If for GST purposes this Promotion results in any supply being made for non-monetary consideration, you must follow the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values.
34. 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, or entry under multiple phone numbers/email addresses/addresses/aliases, is prohibited and will render all entries submitted by that entrant invalid.
35. You may have consumer rights under statute including under the Competition and Consumer Act 2010 (Cth), which may be relevant to any issue or problem you encounter in relation to this Promotion and cannot be excluded or restricted(Non-Excludable Guarantees). Nothing in these Terms and Conditions excludes or restricts those rights. See www.accc.gov.au for more information about those rights.
36. Subject to the previous paragraph, the Promoter (including their respective officers, employees and agents) and the agencies and companies associated with this Promotion exclude all liability (including in negligence), for any loss (including indirect, special or consequential loss, loss of opportunity or loss of profits), expense, damage, personal injury, illness or death suffered in connection with or arising in any way out of the Promotion or any prize, except for any liability which under statute cannot be excluded (in which case that liability is limited to the greatest extent allowed by law).
37. 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 (outside the Promoter’s reasonable 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.
38. Without limiting the previous paragraphs, the Promoter and the agencies and companies associated with this Promotionare not liable for any loss of, damage to or delay in delivery of prize/s, or for any damage that occurs to displayed prize/s (where relevant), due to circumstances beyond the Promoter’s reasonable control. Unless otherwise specified, prize/s will only be delivered to addresses in Australia.
39. This Promotion is in no way sponsored, endorsed or administered by, or associated with any social media platform, including Facebook, Instagram and Twitter. You provide your information to the Promoter and not to any social media platform. You completely release any relevant social media platforms from any and all liability
PRIVACY
40. In order to conduct this Promotion, the Promoter needs to collect personal information about each entrant and may for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, gift suppliers and regulatory authorities. Participation in the Promotion is conditional on providing this information. By entering, you consent to the Promoter keeping your personal information on its database to use for future marketing purposes, including contacting you by electronic messaging provided that where required by the Spam Act 2003 (Cth), the Promoter includes a functional unsubscribe facility in each direct marketing communication it sends you that you may use to opt-out of any further such communications and provided that the functional unsubscribe facility complies with the Spam Regulations 2021 (Cth). By entering, you consent to receive email or SMS messages from the Promoter without any functional unsubscribe facility if they relate primarily to the conduct of this Promotion.
41. The Promoter may, unless otherwise advised, use the information for promotional, marketing, publicity and research purposes, including sending electronic messages. The Promoter’s Privacy Policy (see https://140.com.au/privacy-policy/) includes information about how entrants should direct any requests to access, update or correct information to the Promoter. All personal details of entrants will be stored at the office of the Promoter. Upon the entrant’s request, all information provided will be removed from our active database. All entries remain the property of the Promoter.