During our promotion in 2018, clients of McCormack Barber will automatically go in the draw for our McCormack Barber Ultimate Giveaway. Our major prize winner will get the choice of either;
A 2018 Mercedes-Benz GLA220d to the value of up to $49,000
A 'Dream Holiday' package of one return or multi-city flight for the prize winner and guest(s) with Qantas of any travel class to a maximum value of $20,000, plus one booking for the prize winner and guest(s) for one or more rooms within the flight dates at any Intercontinental Hotel worldwide to the maximum value of $20,000, plus $8,000 spending money.
McCormack Barber clients will automatically be given; 5 entries into the draw if they sign a new residential managing agency agreement for a property in Orange*, 1 entry into the draw if they currently have a residential property managed within Orange** or 5 entries into the draw when they list and sell a residential or rural property in Orange***
TERMS & CONDITIONS
Schedule to Terms & Conditions of entry
Promotion name - McCormack Barber Ultimate Giveaway
Eligible States/Territories - NSW
Start: 01 Jan 2018 12:01 AM AEDT
End - 21 Nov 2018 11:59 PM AEDT
No entries will be accepted outside this time.
Promoter -McCormack Real Estate Pty Ltd
ABN - 81 105 429 329
184 Lords Place, Orange NSW 2800
Eligible entrants - Entry to the Promotion is open to Australian residents and entities in NSW who fulfil the method of entry requirements and are 18 years of age or older.
Details of prizes - A 2018 Mercedes-Benz GLA220d to the value of up to $49,000, or, a 'Dream Holiday' package of one return or multi-city flight for the prize winner and guest(s) with Qantas of any travel class to a maximum value of $20,000, plus one booking for the prize winner and guest(s) for one or more rooms within the flight dates at any Intercontinental Hotel worldwide to the maximum value of $20,000, plus $8,000 spending money. If the winner chooses the 'Dream holiday, Qantas/Intercontinental Hotel/Cash Prize and doesn't book to the full value of the Qantas $20,000 maximum prize of the Intercontinental Hotel $20,000 maximum prize, then the unused amounts will be forfeited and no cash refund will be offered.
If the winner chooses the 'Dream holiday', Qantas/Intercontinental Hotel/Cash Prize, then the $8,000 cash prize will be issued via a pre-paid credit card and all flights and accommodation must be booked before 31 March 2019.
All marketing and promotion material featuring an image of the vehicle is for illustration purposes only. The colour and specifications of the vehicle has not been determined and subject to availability at the time of the draw.
Total number of prizes -1
Total prize value - Total prize pool (inc GST): $49,000.00
Method of entry - To enter, an entrant must, during the promotional period:
*Entering into a new exclusive Managing Agency Agreements within the promotion period
1. Eligible Entrants will get five entries into the draw for every residential property they appoint McCormack Barber to manage within the 2800 postcode.
a. The Landlord must not have a current Management Agency Agreement in place with McCormack Barber or have had an agreement with McCormack Barber in the 6 months prior to the commencement to the promotion.
b. The Landlord must not have a current Management Agency Agreement in place with McCormack Barber or with another agency at the time of appointing McCormack Barber and they must not enter into another agreement with another agency for the duration of the contract with McCormack Barber.
c. Any Management Agency Agreement must be agreed and signed by all parties prior to the closing date and the property must be being managed by McCormack Barber on the promotion closing date.
d. The property must be managed by McCormack Barber at the time of the final draw date of 31 December 2018. If the managing Agency agreement has been cancelled or terminated prior to the draw date of any reason including but not limited to sale, owners re-occupation, management transfer, then any entries assigned to the lessee will be voided.
e. If the Landlord has multiple Management Agency Agreements at the one address, the Landlord will only be entitled to five entries per address.
f. New Managing Agency Agreements must be for a minimum period of 24 months.
g. In the event that the Landlord terminates the Managing Agency Agreement with McCormack Barber within the 24 month period and after the 21 November 2018, the Landlord will be subject to a $250 file transfer fee unless the property has been sold by McCormack Barber.
h. The property under management must be built and available for lease from signing the Management Agency Agreement.
i. The Promoter is not responsible for any communications network or any late, lost, incorrectly submitted, delayed, ineligible, incomplete, corrupted or misdirected entry whether due to error, transmission interruption or otherwise.
2. Eligible Entrants will get one entry into the draw for every residential property they have managed by McCormack Barber within the 2800 postcode, at the time of the commencement date of the promotion.
a. The Landlord must not enter into another agreement with another agency for the duration of the contract with McCormack Barber.
d. The property must be managed by McCormack Barber at the time of the final draw date of 31 December 2018. If the managing Agency agreement has been terminated prior to the draw date, then any entries assigned to the Landlord will be voided.
e. If the Landlord has multiple Management Agency Agreements at the one address, the Landlord will only be entitled to one entries per address.
f. The Promoter is not responsible for any communications network or any late, lost, incorrectly submitted, delayed, ineligible, incomplete, corrupted or misdirected entry whether due to error, transmission interruption or otherwise.
**Entering into a new residential or rural selling agreement and selling within the promotion period
3. Eligible Entrants will get five entries into the draw for every residential or rural property they exclusively list AND sell with McCormack Barber during the promotion period within the 2800 postcode.
a. Any Exclusive Selling Agreement must be agreed and signed by all parties between the opening and closing dates, be sold by McCormack Barber between the opening and closing dates AND a sales exchange must have occurred prior to the promotion closing date.
b. Properties that have been listed but not sold within the Promotion period will not be entitled to any entries into the draw.
c. A minimum marketing package of $1,090 which includes an internet advertising component of $1,090 must be agreed to within the Agency Agreement or the Seller will not be entitled to any entries into the Promotion
d. Eligible properties include but are not limited to houses, units, townhouses, villas, farms, and rural properties that have an existing dwelling built and completed at the time of the close of the promotion, but exclude commercial properties and vacant land.
e. The Promoter is not responsible for any communications network or any late, lost, incorrectly submitted, delayed, ineligible, incomplete, corrupted or misdirected entry whether due to error, transmission interruption or otherwise.
Minor Prize draw- A random prize draw for the minor prize will occur 7:00 PM AEDT on 31 November 2018
Location of draw:
McCormack Real Estate Pty Ltd
184 Lords Place
Orange NSW 2800
The first ten valid entry drawn from all entries received, will win one entry into the major prize draw. Twenty reserve winners will be drawn in case any of the minor prize winners are deemed to be ineligible.
Major Prize draw - A random prize draw for the major prize will occur 8:00 PM AEDT on 31 December 2018
Location of draw:
Waratah Sports Fields
Orange NSW 2800
The major prize winners or approved proxy representative must be present at the time of the final draw and claim their prize within 5 minutes of being announced. If the winner or their approved proxy is not present to claim the prize at the time of the draw, there will be a redraw after every 5 minutes until a winner is found.
Should the location of the draw change, all entrants and proxies will be advised within a reasonable frame via text message and email prior to the final draw date.
Notification of winners - Winners of the minor prize will be notified via SMS and email no later than 7 Dec 2018. Winners of the major prize will be notified via public announcement at the location of the draw at 8:00 PM AEDT on 31 December 2018.
Public announcement of winners - The winners of all prizes will be published here:
www.http://www.mccormackbarber.com.au/promotion on 03 Jan 2019.
Unclaimed prize drawIf the major prize is unclaimed, there will be an immediate redraw after five minutes and every five minutes after until a present winner is drawn.
If there are no minor prize winners in attendance during the scheduled draw, or no winner successfully claims the prize, the first winner drawn will be deemed the winner and will be contacted via email within 2 business days to claim their prize by 3:00 PM AEDT 16 March 2019
Permit reference - Authorised under NSW Permit No. LTPS/17/20706
Terms & Conditions of entry
1.Information on how to enter and prize details form part of these terms & conditions (Terms of entry). The Terms must be read in conjunction with the Schedule. The Schedule defines the terminology used in these Terms of entry. Where there is any inconsistency between these Terms and the Schedule, the Schedule prevails. Participation in this Promotion is deemed acceptance of these Terms of entry.
2.Entry is open only to legal residents of the Eligible States/Territories who satisfy the Method of entry. Both past and present directors, officers, management, employees, suppliers (including prize suppliers) and contractors (and the immediate families of directors, officers, management, employees, suppliers and contractors) of the Promoter and of its related bodies corporate, and of the agencies and companies associated with this Promotion, including the competition permit providers TPAL (Trade Promotions and Lotteries Pty Ltd) are ineligible to enter. Immediate family means any of the following: spouse, ex-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 first cousin.
3.The Promotion will be conducted during the Promotion period.
4.The Prize/s are specified in the Details of prizes section of the Schedule.
5.The total prize pool is specified in the Total prize value section of the Schedule.
6.Any prize is valued in Australian dollars unless expressly stated to the contrary.
7.Prizes involving travel must be taken to coincide with the dates specified in the Details of prizes section of the Schedule or as otherwise specified in the conditions of any third party travel provider. Any changes to the confirmed prize details will be at the expense of the winner(s) and will only be permitted with the prior consent of the Promoter or third party travel provider.
8.Unless otherwise stated, any travel prize does not include travel insurance, travel documents, meals, taxes not included in the price of the ticket, transfers, flights, accommodation or any other costs of a personal nature. Compliance with any health, travel insurance, passport or other government requirements is the responsibility of the prize winner. Failure to comply with this will deem the winner’s entry invalid and the entrant will forfeit the prize. The Promoter makes no representation as to the safety, conditions or other issues that may exist as part of the travel or at the destination.
9.The Prize travel is subject to availability at the time of booking. The winner and, if applicable, their companion must travel together on all prize travel. The Promoter is not responsible for any cancellation, delay or rescheduling of flights, and any costs incurred as a result (including, without limitation, accommodation costs) will be the sole responsibility of the winner.
10.Unless otherwise stated, the winner is responsible for all expenses in getting to and from the nominated dealership to collect the Motor vehicle prize. Any costs associated with the transport of the Motor vehicle to an alternate pick up location will be the responsibility of the winner.
11.Please allow up to 1 month from date of the winner notification for delivery of the Motor vehicle prize.
12.Unless otherwise stated, the Motor vehicle prize does not include petrol, comprehensive insurance, compulsory third party insurance, any mechanical, body or other repairs made from the date of redemption, optional extras and any ancillary costs associated with redeeming the Motor vehicle prize.
13.Entrants are advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of their prize(s). The Promoter accepts no responsibility for any tax implications that may arise from accepting a prize. Entrants are responsible for any and all expenses that they incur in entering the competition and they will not be reimbursed regardless of whether or not they win the competition.
14.The entrants must follow the Method of entry during the Promotion period to enter the Promotion. Failure to do so will result in an invalid entry. The Promoter will not advise an Entrant if their entry is deemed invalid.
15.The time of entry will be deemed to be the time the entry is received by the Promoter.
16.Entrants may submit up to the Maximum number of entries (if applicable).
17.The Promoter accepts no responsibility for any late, lost, delayed, incomplete, incorrectly submitted, corrupted, illegible or misdirected entries, claims or correspondence whether due to omission, error, alteration, tampering, deletion, theft, destruction, disruption to any communication network or medium, or otherwise including those entries not received by the Promoter for any reason. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred. No correspondence will be entered into.
18.The prize(s) will be awarded to the valid entrant(s) drawn randomly in accordance with the Prize draw details. The Promoter may draw additional reserve entries (and record them in order). In the event of an invalid entry or an ineligible entrant, or if the entrant is ineligible to accept the prize, the prize will be awarded to the first reserve entry drawn. If the prize can’t be awarded to the entrant drawn, the promoter will then continue this process until the prize is awarded.
19.The winner does not need to be present at the draw unless expressly stated to the contrary.
20.The winner(s) will be notified in accordance with the Notification of winners and Notification of unclaimed prize winners (if applicable) sections of the Schedule. Notification to winners will be deemed to have occurred on the later of the time the winner receives actual notification from the Promoter or two business days thereafter. The notification will include details about how the prize(s) can be claimed.
21.The Promoter takes no responsibility where it is unable to contact prize winners who have not provided correct or complete contact details. If an entrant’s contact details change during the promotional period, it is the entrant's responsibility to notify the Promoter. A request to modify any entry information should be directed to Promoter.
22.It is a condition of accepting any prize that the winner must comply with all the conditions of use of the prize and the 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.
23.The winner(s) name and state/territory of residence will be published in accordance with the Public announcement of winners section of the Schedule (if applicable).
24.If the prize(s) has not been claimed by the Unclaimed prize draw time and date and subject to any written directions from a State lottery agency, the Promoter may conduct an Unclaimed prize draw in accordance with the Unclaimed prize draw section of the Schedule (if applicable). In the event the Unclaimed prize draw takes place, the Promoter will attempt to contact the winner(s) of the Unclaimed prize draw in accordance with the Notification of unclaimed prize draw section of the Schedule, and if applicable, the name and State/Territory of residency of any winner(s) of the Unclaimed prize draw will be published in accordance with the section of the Schedule entitled Public announcement of winners from unclaimed prize draw. If a prize is no longer available the promoter may substitute with a prize of higher or equal value “subject to any written directions from a regulatory authority”. The promoter is not allowed to deduct any administrative costs associated with provision of the prize.
25.To the greatest extent permitted by law, the Promoter excludes all warranties, representations or guarantees (Warranties) regarding the Promotion and any prizes, including any Warranties which may have been made in the course of advertising or promoting the Promotion. The conduct of the Promotion or the supply of prizes may involve third parties, and the Promoter makes no Warranties and disclaims all liability in connection with any such third parties, their acts or omissions. By entering the Promotion, an entrant releases and indemnifies the Promoter and its related bodies corporate (including the officers, employees and agents of each) from and against all actions, penalties, liabilities, claims or demands the entrant may have against the Promoter or that the Promoter may incur for any loss or damage which is or may be suffered or sustained as a direct or indirect result of an entrant entering or participating in the Promotion or winning or failing to win a prize, or using or permitting any other person to use the prize, except for any liability which cannot be excluded by law or which would cause any part of this clause to be void or unenforceable.
26.If despite the foregoing clause, the Promoter incurs a liability to an entrant under any law which implies a Warranty into these Terms of entry which cannot legally be excluded, the Promoter’s liability in respect of the Promotion is limited, in the Promoter’s discretion, to either resupplying such goods or services as form part of the Promotion, or paying the cost of resupplying those goods or services.
27.Without limiting any of the foregoing, in no circumstances will an entrant or the Promoter have any liability to the other for any loss or damage suffered which is indirect or consequential in nature, including without limitation any loss of profit, loss of reputation, loss of goodwill, or loss of business opportunity.
28.The Promoter and its associated agencies and companies will not be liable for any damage in transit to or delay in transit of prizes.
29.The Promoter may in its absolute discretion not accept a particular entry, may disqualify an entry, or cancel the entire Promotion at any time without giving reasons and without liability to any entrants. Without limiting this the Promoter reserves the right to verify the validity of entries, prize claims and entrants and to disqualify any entrant who submits an entry or prize claim that is misleading or not in accordance with these Terms of entry or who manipulates or tampers with the entry process. In the event that a winner breaches these Terms of entry, the winner will forfeit the prize in whole and no substitute will be offered. Verification is at the discretion of the Promoter, whose decision is final. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
30.Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, subject to any written directions from a regulatory authority. Where a prize is unavailable for any reason, the Promoter may substitute the prize for another item of equal or higher value. The Promoter accepts no responsibility for any variation in prize value (including between advertising of the Promotion and receipt of the prize).
31.In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability (or that of a third party involved with the Promotion) to proceed with the Promotion on the dates and in the manner described in these Terms of entry, including but not limited to vandalism, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter’s obligations in respect of the Promotion will be suspended for the duration of the event and, in addition, the Promoter may in its absolute discretion cancel the promotion and recommence it from the start on the same conditions, subject to approval of the relevant authorities.
32.All entries become the property of the Promoter. As a condition of entering into this Promotion, entrants agree to assign all their rights in and to their entry and any related content to the Promoter, including any copyright or other intellectual property rights in the entry and related content. Without limiting this, the Promoter may use entry content for any and all purposes including commercial purposes. You warrant that entry content is original, lawful and not misleading and that the Promoter’s use of such content will not infringe the rights of any third parties. The Promoter has no obligation to credit you as the author of any content submitted and may otherwise do any acts or omissions which would otherwise constitute an infringement of any moral rights you may have as an author of content.
34.The collection and disclosure of personal information provided in connection with this promotion will be handled in accordance with the Promoter's Privacy statement which adheres to the Privacy Act 1988 (cth) and Australian Privacy Principles.
35.The Promotion and these Terms of entry will be governed by the law of the State or Territory in which the Promoter ordinarily resides. Entrants accept the non-exclusive jurisdiction of courts and tribunals of that State or Territory in connection with disputes concerning the Promotion.
36.Facebook, YouTube, or Instagram may be used to advertise or promote the Promotion. By entering the Promotion, entrants agree that the Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, YouTube, or Instagram; and to release Facebook, YouTube, or Instagram from all liability in relation to this Promotion. Any questions, comments or complaints regarding the Promotion should be directed to the Promoter and not Facebook, YouTube, or Instagram.