Promoter

Eden Gardens & Garden Centres Pty Ltd (ABN 93 130 092 689) of 307 Lane Cove Road, Macquarie Park NSW 2113.

Competition

The competition/promotion run by the Promotor known as ‘Eden Gardens – Win A Car’ for one (1) Entrant to win the Prize.

Competition Period

The Start Date until the End Date.

Start Date

9:00am (AEST) 3 May 2023

End Date

11:59pm (AEST) 17  September 2023.

Draw Date

18 September  2023 at 307 Lane Cove Road, Macquarie Park NSW 2113.

Prize

One (1) new MG ZS Excite motor vehicle valued at $22,990.00 (RRP).

Eligibility Criteria

With the exception of the Ineligible Persons set out below, entry into the Competition is open to all natural persons who are resident in New South Wales over the age of eighteen (18) years old. To be an eligible Entrant a person must satisfy and comply with the Entry Procedure set out below.

The following persons (Ineligible Persons) are not eligible to enter the Competition:

(1) Businesses, companies, sole traders, trusts/trustees and superannuation funds.

(2) Any person acting as an agent on behalf of another person.

(3) Employees, directors, officers, volunteers, agents and contractors of the Promoter and the Promoter’s associated and related bodies corporate (Related Parties).

(4) Immediate family members of the Related Parties, which includes spouses, ex-spouses, de-facto spouses, children or stepchildren (whether natural or by adoption), parents, stepparents, grandparents, step-grandparents, uncles, aunts, nieces, nephews, brothers, sisters, stepbrothers, stepsisters or first cousins.

(5) Any businesses, companies, sole traders or trusts/trustees who books and/or holds an event at any Store and/or The Gardens Restaurant & Terrace Bar, including but not limited to, weddings, corporate events, private parties and photo shoots. The Promoter reserves the right to determine at its absolute discretion what constitutes an event at any Store and/or The Gardens Restaurant & Terrace Bar.

Entry Procedure

To enter the Competition and to be eligible to win the Prize, an eligible person must do the following during the Competition Period:

(1) Obtain one (1) or more entry tickets (Entry Ticket) by satisfying one (1) or more of the following criteria:

(a) For a single transaction where up to $1,000.00 is spent at any Store (details of which are set out below), every $100.00 spent entitles the person to one (1) Entry Ticket. For the avoidance of any doubt, all references to money spent means money that is received for goods or services provided by the Promoter. This excludes transactions at The Gardens Restaurant & Terrace Bar.

(b) For a single transaction where over $1,000.00 is spent at any Store (details of which are set out below), every $100.00 spent over $1,000.00 entitles the person to two (2) Entry Tickets. For the avoidance of any doubt:

(i) this criteria operates in addition to eligibility criteria (a);

(ii) all references to money spent means money that is received for goods or services provided by the Promoter; and

(iii) this excludes transactions at The Gardens Restaurant & Terrace Bar.

(c) For a single transaction in relation to a table sitting or event at The Gardens Restaurant & Terrace Bar at any Store between the trading hours of 9:00AM to 3:00PM, every $50.00 spent entitles the person to one (1) Entry Ticket.  For the avoidance of any doubt, all references to money spent means money that is received for goods or services provided by the Promoter.

(d) For a person who visits any one (1) Store three (3) times and who makes a purchase of any value on each of the three (3) times they visit the Store, will be entitled to one (1) Entry Ticket.

(e) For a person who is listed on the Promoter’s email database and who introduces a person to any one (1) Store is entitled to two (2) Entry Tickets and the person who is introduced is entitled to one (1) Entry Ticket, subject to the following conditions being satisfied:

(i) The person who is introduced can identify themselves by way of providing a valid name, email address and phone number to the Promoter and is not already listed in the Promoter’s email database.

(ii) The person who is introduced makes a declaration that they have not previously been to any Stores.

For the avoidance of any doubt, paragraphs (1)(a),(b),(d) and (e) exclude transactions at The Gardens Restaurant & Terrace Bar at any Store.

(f) For a person with a valid email address on the Promotor’s email database at the Start Date, that person will automatically be provided with one (1) Entry Ticket and will be entered into the Competition by the Promoter. However, if at any time prior to the End Date a person’s name and email address is not current and valid, that person’s entry into the Competition will be deemed to be invalid. A person who does not wish to be automatically entered into the Competition or otherwise wants to be excluded or removed from the Competition should contract the Promoter in writing at edengardensclub@edengardens.com.au.

(2) Complete and sign the prescribed prize draw entry form for each Entry Ticket to which the relevant person is entitled (Form) and which must include all mandatory information requested in the Form, including a person’s accurate, complete and up-to-date full name, postcode of their residential address, date of birth, email address and contact telephone number. This condition does not apply to eligibility criteria (1)(f).

(3) Submit the Form via the access code provided by the Promoter. This condition does not apply to eligibility criteria  (1)(f).

With the exception of eligibility criteria (1)(f), upon satisfying and complying with the above Entry Procedure and subject to these Terms and Conditions, an eligible person will be deemed to be an eligible Entrant in the Competition.

Note that per clause 3.3 of the terms and conditions the maximum number of entries into the Competition per Entrant per Store and/or The Gardens Restaurant & Terrace Bar at any one (1) Store is fifty (50) Entry Tickets, regardless of the total spend of the Entrant. So, for the avoidance of any doubt, an Entrant can only obtain fifty (50) entries into the Competition from any one (1) Store or The Gardens Restaurant & Terrace Bar at any one (1) Store.

Store(s)

The following Eden Gardens or Gro Urban Oasis stores:

(1) Macquarie Park: 307 Lane Cove Road (cnr Fontenoy Road), Macquarie Park, NSW 2113, Australia.

(2) Bondi Junction: Westfields Bondi Junction 500 Oxford St, Bondi Junction NSW 2022.

(3) Castle Towers: Level 1, Shop T1212 6-14 Castle Street, Castle Hill NSW 2154.

(4) Hornsby: Westfield's Hornsby Level 3, Shop 3020 236 Pacific Highway, Hornsby NSW 2077.

(5) Rouse Hill Town Centre: Coles Quad, Shop 88, 90 Civic Way, Rouse Hill NSW 2155.

(6) Warringah: Westfield’s Shopping Centre Ground level, shop 1510 Brookvale Sydney 2100.

1. Terms and conditions and permit number

1.1  All information on how to enter the Competition and Prize information forms part of these Terms and Conditions.

1.2  In the event of any inconsistency between any information on the Competition or the Prize and these Terms and Conditions, these Terms and Conditions will prevail.

1.3  Participation in the Competition is deemed acceptance by the Entrant of these Terms and Conditions.

1.4  The Competition is authorised under New South Wales permit number LTP TP/02174.

2. Competition Period

2.1  The Competition is open for the Competition Period as set out in the Schedule.

2.2  Entries outside of the Competition Period will not be accepted by the Promoter.

3. Entry and eligibility

3.1  To enter the Competition, a person must:

(a) meet the Eligibility Criteria set out in the Schedule; and

(b) comply with the Entry Procedure set out in the Schedule.

3.2  An entry into the Competition will only be deemed accepted at the time of receipt by the Promoter. All entries are final.

3.3  The maximum number of entries into the Competition per Entrant for any single sale at a Store or any single sale at The Gardens Restaurant & Terrace Bar is fifty (50) Entry Tickets, regardless of the total spent on that sale. So, for the avoidance of any doubt, an Entrant can only obtain fifty (50) entries into the Competition for each single sale at any one (1) Store or at The Gardens Restaurant & Terrace Bar.

3.4  Incomplete or indecipherable entries into the Competition will be deemed to be invalid.

3.5  Entrants must provide accurate, complete and up-to-date information in entering the Competition, otherwise their entry into the Competition will be deemed to be invalid.

3.6  Entrants who enter the Competition using a false name, an alias or who enter the Competition using multiple names, addresses or email addresses will be disqualified.

3.7  Entrants may only use their receipt number for one (1) entry. Entrants who attempt to use their receipt number for multiple entries, or a false receipt number for their entry, will be disqualified.

3.8  The Promoter reserves the right to verify the validity of entries and Entrants, including requesting evidence as to the Entrant’s identity, age and address.

3.9  An entry into the Competition by the Entrant not transferable.

3.10  As a condition of entering the Competition, each Entrant licenses and grants the Promoter  a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry for any purpose, without compensation, restriction on use, attribution or liability.

3.11 Entrants should note that by accessing and submitting the Form, they may be subject to fees or charges from their telecommunications provider and the Promoter is in no way liable for such charges, which remain the responsibility of the Entrant.

4. Conduct of Entrants

4.1  An Entrant must not tamper with the entry process for the Competition or engage in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the Competition or otherwise undermine the legitimate operations of the Competition.

4.2  Entrants must disclose to the Promoter any information or thing which it becomes aware and which may generate negative publicity concerning the Competition and/or the Promoter.

4.3  The Promoter reserves the right to disqualify an Entrant from the Competition if, in the opinion of the Promoter and at its absolute discretion, it deems the Entrants involvement in the Competition will, in any way, negatively or adversely impact the Competition and/or the Promoter.

5. Prize

5.1  The RRP of the Prize is based on the RRP current as at the date of these Terms and Conditions. The Promoter accepts no responsibility for changes in the value of the Prize between the date of these Terms and Conditions and the redemption of the Prize by the winning Entrant.

5.2  The winning Entrant takes the Prize on an ‘as is’ basis and the Promoter makes no representations or warranties that are not expressly stated in these Terms and Conditions.

5.3  The Prize is not transferable, refundable and is not redeemable for cash.

6. Game of chance

The Competition is a game of chance and skill plays no part in determining the winning Entrant. Each valid entry will not be individually judged. Each entry has an equal chance of winning.

7. Costs of Entrants

Any direct or indirect costs associated with accessing and entering the Competition are the responsibility of the Entrant and are to be borne by the Entrant.

8. Winning Entrant

8.1  There will be one (1) winning Entrant for the Prize in the Competition.

8.2  The winning Entrant will be randomly drawn on the Draw Date.

8.3  The winning Entrant will be notified by email and telephone within two (2) days of the Draw Date.

8.4  The Promoter may require the winning Entrant to provide relevant evidence in order to claim the Prize, including proof of identity, age, address and hard copy of sales receipt.

8.5  The Promoter’s decision is final and no correspondence will be had with Entrants regarding the winner.

8.6  In the event that a winning Entrant’s entry is deemed or found to be invalid, the Promoter may redraw or decide on another winning entry at its absolute discretion.

9. Claiming and redeeming the Prize

9.1 To be eligible to claim the Prize, the winning Entrant must be capable of obtaining the necessary motor vehicle registration for the Prize in its name.

9.2 If the winning Entrant is, through any legal incapacity or otherwise, unable to register the Prize in their own name, then the winning Entrant may assign the Prize to another person (who consents to such assignment) with legal capacity for the purpose of registration. The Promoter takes no responsibility for any such arrangement between the winning Entrant and the assignee.

9.3 The Promoter will do all things necessary to effect a transfer of registration of the Prize and deliver the Prize to the winning Entrant at a date and time to be advised by the Promoter in consultation with the winning Entrant. The Promoter will not be liable for any delay in delivering the Prize to the winning Entrant.

9.4 The winning Entrant will be responsible for all costs associated with accessing, claiming, taking possession of and registration of and/or using the Prize. For the avoidance of doubt, this includes the winning Entrant paying all registration costs and delivery costs of the Prize (whether incurred directly by the Entrant or by the Promoter, in which case the winning Entrant must reimburse the Promoter for those costs incurred by the Promoter).

9.5 All taxes, vehicle and third party insurance, operating costs, fuel, parts, servicing, dealer delivery, and all other incidental and ancillary costs incurred as a direct or indirect result of receiving the Prize are the sole responsibility of the winning Entrant.

9.6 The redemption period during which the Prize may be claimed commences on the Draw Date and ends at 6pm on the thirtieth (30th)day from that date (Redemption Period). The Entrant will be reminded to claim the Prize via email seven (7) days after the Draw Date, which will be the final reminder to the Entrant.

9.7 For the purpose of clause 9.6 above, the Promoter will not consider any automatic email returns or replies received from the Entrant which indicates that the Entrant is not available during the Redemption Period as a means of claiming the Prize.

9.8 If the winning Entrant does not claim the Prize within the Redemption Period and provide a location for delivery of the Prize, the Prize will be deemed to be forfeited by the winning Entrant.

9.9 If the Prize remains unclaimed, a second draw for the Prize will take place on a date to be determined by the Promoter and at the same place and manner as the original draw, subject to any directions from a regulatory authority.

9.10 To the maximum extent permitted by law, as a condition precedent to accepting the Prize, the winning Entrant must sign any legal documentation as reasonably required by the Promoter and/or the issuer and supplier of the Prize, including but not limited to a legal release and indemnity form.

10. Unavailable Prize

10.1  If the Prize (or part of the Prize) is unavailable, the Promotor may, at its absolute discretion, reserve the right to substitute the Prize (or part of the Prize) with a prize of equal or greater value and/or specification, subject to any written directions from a regulatory authority.

10.2 The winning Entrant will not be entitled to any additional compensation and will have no claim against the Promoter if the Prize (or part of the Prize) has been substituted by the Promoter.

10.3 The Promoter reserves the right to withdraw or amend the Competition as necessary due to circumstances outside its control with respect to the Prize.

11. Publicity

11.1 The winning Entrant agrees to participate in all reasonable promotional activities in relation to the Competition as requested by the Promoter, which includes but is not limited to, being interviewed, photographed or filmed.

11.2 The winning Entrant agrees to any interviews, photographs, film or other promotional material and their name, likeness, image and/or voice being published on the Promoter’s website, the Promoter’s social media accounts and any print or digital media for the purpose of promoting the Competition and promoting the Promoter’s business and any goods and services supplied by the Promoter.

11.3 The winning Entrant agrees to grant the Promoter a perpetual and non-exclusive license to use such footage, photographs and media in all media worldwide, including online social networking sites, and the winning Entrant will not be entitled to any fee for such use.

12. Non-excludable guarantees

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) as well as any other implied warranties or similar consumer protection laws in the States and Territories of Australia.

13. Consequential loss

To the maximum extent permitted by law, the Promoter will not be liable for any special, indirect or consequential loss including but not limited to loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use (including both real and anticipatory) and/ or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

14. Risk

Each Entrant participates in the Competition at their own risk.

15. Liability

15.1 The Prize may be subject to Terms and Conditions of the issuer or supplier of the Prize and the Promoter accepts no responsibility for those Terms and Conditions, which are the sole responsibility of the Entrant as and between the Entrant and the issuer or supplier of the Prize.

15.2 If the Competition is interfered with or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law to:

(a) disqualify any Entrant; or

(b) to modify, suspend, terminate or cancel the Competition.

15.3  To the maximum extent permitted by law, the Promoter excludes all warranties, guarantees or representations (whether express or implied) except as expressly provided in these Terms and Conditions.

15.4 Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees and agents) excludes all liability (including negligence), for any:

(a) personal injury; or

(b) any loss or damage (including loss of opportunity),

whether direct, indirect, special or consequential, arising in any way out of the Competition.

15.5 Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees and agents) will not be liable to an Entrant for, and the Entrant indemnifies, waives and releases the Promoter in respect of all liability (including but not limited to all expenses, costs, damages, claims, losses) arising in any way out of or in connection with:

(a) any act or omission of the Entrant;

(b) any entry or Prize claim that is incomplete, incorrectly submitted, illegible, late, lost, altered, damaged, or misdirected (whether or not after receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter;

(c) any costs (direct or indirect) associated with the Entrant entering into the Competition;

(d) any breach of these Terms and Conditions by the Entrant;

(e) any Force Majeure Event;

(f) the winning Entrant being unable to use any or all aspects of the Prize;

(g) any personal injury or loss;

(h) claiming the Prize;

(i) use of the Prize in any way;

(j) any theft of the Prize;

(k) unauthorised access or third party interference in the Competition;

(l) any variation in the value of the Prize that is stated in these Terms and Conditions;

(m) if the Competition is delayed, postponed or cancelled for any reason beyond the reasonable control of the Promoter;

(n) any reason beyond the reasonable control of the Promoter;

(o) any defect or problem with the Prize or the Prize being damaged, lost or stolen; and

(p) any tax, financial or legal liability incurred by a winning Entrant.

16. Intellectual Property

16.1 All entries into the Competition 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.

16.2 All material provided by the Promoter in relation to the Competition or otherwise is the Promoter’s intellectual property (Promoter IP).

16.3 Entrants must obtain prior written permission if an Entrant wishes to copy or reproduce the Promoter IP.

16.4 Modification of the Promoter IP is a violation of the Promoter’s intellectual property rights and is strictly prohibited.

16.5 Nothing contained in the Promoter IP should be construed as granting, by implication or otherwise, any license or right to use any of the Promoter IP without the Promoter’s express written permission.

17. Force Majeure

17.1 For the purpose of this clause 17, Force Majeure Event means events, circumstances, or causes beyond a party’s reasonable control including (but not limited to):

(a) strikes, lockouts or other industrial action;

(b) civil commotion, riot, invasion, cyber-attack, service attack, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

(c) fire, explosion, storm, flood, earthquake, subsidence or other natural disaster;

(d) epidemic, pandemic, health emergencies, disease,

(e) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

(f) interruption or failure of utility services (including the inability to use public, private telecommunications networks, servers, or third-party hosting platforms), and

(g) the acts, decrees, legislation, regulations, or restrictions of any Government Agency.

17.2 If performance of the Competition, provision or use of the Prize (or any part of it), or any obligation under these Terms and Conditions is prevented, restricted, or interfered with by a Force Majeure Event, and if as a result the Promoter is unable to carry out its obligations or to provide the winning Entrant with the Prize, the Promoter may in its absolute discretion:

(a) cancel, terminate, modify or suspend the Competition and/or;

(b) provide an alternative prize or prizes to the same value as the original Prize.

17.3 The Promoter will use reasonable efforts under the circumstances to avoid or minimise any Force Majeure Event.

18. Personal information

18.1 The Promoter collects personal information in order to conduct the Competition and may, for this purpose, collect, use and disclose such information to third parties, including but not limited to agents, contractors, service providers, Prize suppliers and as required, to regulatory authorities. The Entrants entry into the Competition is conditional on providing this information.

18.2    The Promoter will also use, handle and disclose Entrants personal information as set out in its Privacy Policy, which can be viewed at https://gro-urbanoasis.com.au/pages/privacy-policy. This includes the Promotor using the personal information for promotional, marketing, publicity, research and profiling purposes, including sending direct marketing to an Entrant. The Privacy Policy also includes information about how Entrants can opt-out, access, update or correct their personal information.

19. Disqualification for breach

The Promoter may, at any time and at its sole discretion, disqualify a person who has breached these Terms and Conditions, in which case the Entrant forfeits all rights to the Prize or participating in the Competition.

20. No Waiver

Failure of the Promotor to enforce any of its rights does not constitute a waiver of those rights

21. Amendments

These Terms and Conditions may be amended or replaced from time to time if required by any regulatory authority.

22. Jurisdiction

These Terms and Conditions are governed by the laws New South Wales. Entrants submit to the jurisdiction of the courts of New South Wales.

23. Entire agreement

These Terms and Conditions represent the entire agreement between the Promoter and any Entrant (including any winning Entrant) and supersede any prior agreement, understanding or arrangement between the Promoter and any Entrant (including any winning Entrant), whether oral or in writing.