Chadstone 60 Years – Step Back In Time Campaign Terms and Conditions

Campaign

The Chadstone 60 Years – Step Back In Time Campaign (Campaign) is run by Vicinity Centres PM Pty Ltd (ABN 96 101 504 045) (Vicinity, we, us or our) as agent for the Property Owners of the Centre.

As part of the Campaign, Vicinity is asking the community to submit stories, photographs and videos pertaining to the Centre and its 60 year history (Submissions). The Submissions will then be used by Vicinity to help showcase and celebrate the Centre's anniversary through various promotional initiatives and events. These include but are not limited to promotion of the Campaign through the Centre's social media accounts and an in-Centre exhibition scheduled for September/October 2021.

Centre

Chadstone Shopping Centre, 1341 Dandenong Road, Chadstone, Victoria 3148

Property Owners

  • Perpetual Limited ACN 000 431 827 in its capacity as custodian, and Vicinity Funds RE Ltd ACN 084 098 180 in its capacity as trustee, of the Vicinity NVN Trust ABN 43 813 342 348; and
  • Bridgehead Pty Ltd ACN 006 082 515

Submission Period

Vicinity will accept Submissions from 9am (AEST) on 24/06/2021 to 08/08/2021

Who can make a Submission?

Anyone can make a Submission. However, if you are under 18, you must obtain your parent/guardian's written consent and this must be provided to Vicinity at the time you make your Submission. By giving consent your parent or guardian accepts these Terms and Conditions.

Website

www.chadstone.com.au

Submission Instructions

Making a Submission

During the Submission Period, Submissions may be made:

(a) by email to chadstone.60@vicinity.com.au

(b) via our Facebook page, located at facebook.com/ChadstoneTheFashionCapital (Facebook Page); using hashtag #mychadstonememories

(c) via our Instagram page, located at Instagram.com/chadstone_fashion/ (Instagram Page); using hashtag #mychadstonememories, or

(d) in person to the letterbox located at the Concierge Desk at the Centre.

Content of Submission

When making a Submission please provide your personal details including your first name, last name, email address and phone number. Further we ask that:

(a) Written Submissions to include the following information:

  • What is your association to Chadstone (e.g. customer, retail employee, Centre management)
  • Year the memory took place?
  • Details of your memory; for example, who you experienced it with, what did Chadstone look like at the time, what stores etc.

(b) Image Submissions include:

  • An explanation of your association to Chadstone (e.g. customer, retail employee, Centre management);
  • A description of the photograph;
  • The date the photograph was taken;
  • Names of any individuals in the photograph (if applicable/known).

(c) Video Submissions:

  • Include an explanation of your association to Chadstone (e.g. customer, retail employee, Centre management);
  • Include a video file that is a minimum of 750kb;
  • Include the date the video was taken;
  • Include names of any individuals in the video (if applicable/known).

Anonymous Submissions

If you wish to make an anonymous Submission, you must make this clear at the time of making your Submission.

Campaign Rules

  • By making a Submission you consent to Vicinity contacting you for further information about your Submission (unless you make the Submission anonymously). You are not obliged to provide any further information if you do not wish to.
  • You may or may not be notified by Vicinity as to whether your Submission will be included in promotional initiatives and events by Vicinity relating to the Campaign. Any such notification is entirely at Vicinity's discretion.
  • There is no limit on the number of Submissions you may make, provided each Submission is made separately and in accordance with these Terms and Conditions.
  • Your Submission must not identify any person who is under the age of 18 years unless you have the written consent of that person's parent or guardian and, if that person is aged 15 or above, that person.
  • Your Submission must only contain content (whether written text, photographs or videos) that you have personally created.
  • Your Submission must not be obscene, offensive, malicious, discriminatory, indecent or (in Vicinity's opinion) otherwise objectionable or inappropriate (for example it must not include nudity or language that Vicinity deems offensive).
  • If making your Submission electronically, you must ensure that it does not contain any virus, malware or other malicious or inappropriate computer code or material.
  • Vicinity is not liable for Submissions or correspondence that are misplaced, misdirected, delayed, lost, incomplete, illegible or incorrectly submitted.
  • If any dispute arises between you and Vicinity concerning the conduct of this Campaign, Vicinity 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, Vicinity's decision in connection with all aspects of this Campaign is final.
  • If this Campaign cannot run as planned for any reason beyond Vicinity's control, for example due to software, hardware or communications issues, unauthorised intervention, tampering, fraud or technical failure, Vicinity may end, change, suspend or cancel the Campaign or disqualify affected Submissions.
  • In the course of making a Submission and dealing with Vicinity for the purposes of the Campaign, you must not:
    • tamper with the Submission process;
    • act in a disruptive, annoying, threatening, abusive or harassing manner;
    • do anything that may diminish the good name or reputation of Vicinity or any of its related entities or of the agencies or companies associated with the Campaign;
    • breach any law; or
    • behave in a way that is otherwise inappropriate.
  • If you are or your Submission is deemed by Vicinity to breach these Terms and Conditions, your Submission/s may be disregarded and/or discarded by Vicinity.

Release

When you make a Submission you agree:

(a) That Vicinity has the perpetual and irrevocable right to use your Submission and all associated written text, photograph/s, moving or still images, pictures, silhouettes, names, biographical information, recordings of voices, audio-visual recordings, reproductions of physical likenesses in any form, performances, poses, acts and appearances, including in edited form (Content) in promotional initiatives and events for Vicinity and its facilities relating to the Campaign;

(b) That you (and any other person who may be included in your Submission) will not receive any payment or compensation for the use of any Content by Vicinity;

(c) That you release Vicinity from any liability relating to the use, publication, communication to the public or broadcasting of any Content;

(d) That Vicinity or its contractors own the copyright in any Content to the extent created by them and you waive any claims you may have based on any use of any Content or works derived therefrom;

(e) That you consent, and will ensure that any other creator of your Submission consents, to Vicinity freely doing all things in relation to the Content as contemplated by the Campaign even if those things would otherwise infringe applicable moral rights;

(f) That Vicinity is providing you with valuable consideration in exchange for the above, by considering you for inclusion in promotional initiatives and events relating to the Campaign which would provide exposure for you and your Submission;

(g) That Vicinity will make the decision as to whether to include your Submission or any aspect of it as part of promotional initiatives and events relating to the Campaign and that you have no right of approval over such use;

(h) That you are not aware of any reason why Vicinity would be prevented from using the Content as set out above and that you have obtained all necessary consents from third parties who may have created or been involved in the creation of your Submission or may be identified in your Submission, for the Content to be used by Vicinity for promotional initiatives and events relating to the Campaign and you will bear all responsibility if those consents are deficient in any respect or are not obtained.

Collection and use of your personal information

Vicinity Centres PM Pty Ltd (ABN 96 101 504 045) (‘We’, ‘Our’ or ‘Us’) on behalf of the Centre collects your personal information in order to run the Campaign, understand your interests and activities in relation to centres which we manage as well as plan, operate and manage these centres and the digital channels through which we engage with you. Where you consent to us doing so, we also use your personal information to contact you with centre news updates, events and promotions. We may disclose your personal information to our related bodies corporate and service providers, including those located in the USA and Singapore. We also de-identify and aggregate your data for market research and data analytics purposes. Our Privacy Policy (http://vicinity.com.au/privacy-policy) provides more information about how we handle personal information and how you can contact us to access, correct or complain about our handling of personal information.

Agreement to these Terms and Conditions

  1. By making a Submission you agree to these Terms and Conditions, which form an agreement between you and Vicinity as agent for the Property Owners (Agreement). If you have consented to a minor (being anyone under the age of 18 years) making a Submission, this Agreement extends to you and to them, in which case you agree on their behalf.
  2. This Agreement begins when you make a Submission:

    (a) by email to chadstone.60@vicinity.com.au

    (b) via our Facebook Page;

    (c) via our Instagram Page; or

    (d) in person to the Concierge Desk at the Centre.

Liability

  1. Nothing in these Terms and Conditions restricts, excludes or modifies any consumer rights under any statute including the Competition and Consumer Act 2010 (Cth).
  2. Subject to clause 3, Vicinity and the agencies and companies associated with this promotion are not liable (including in negligence) for any loss (including indirect, special or consequential loss or loss of profits), expense, damage, personal injury, illness or death suffered in connection with this Campaign, except for any liability which under statute cannot be excluded (in which case that liability is limited to the greatest extent allowed by law).
  3. This promotion is in no way sponsored, endorsed or administered by, or associated with any social media platform, including Facebook or Instagram. You provide your information to Vicinity and not to any social media platform. You completely release any relevant social media platforms from any and all liability.

Specific limitation of liability

  1. The Property Owners specifically limit their liability under the following provisions (Specific Limitation of Liability Provisions), which are incorporated in and form part of these Terms and Conditions.
  2. Definitions:

    In these Specific Limitation of Liability Provisions:

    a. unless the context states otherwise, a reference to a clause is a reference to a clause in these Specific Limitation of Liability Provisions; and

    b. the following words have the meanings allocated to them:

    i. Assets include all assets, property and rights real and personal of any nature and any value whatsoever of the Trust.

    ii. Document means the document of which these Specific Limitation of Liability Provisions are a part.

    iii. Land means the land on which the Centre is constructed and any additional land that the Registered Proprietor designates from time to time to form part of the Centre.

    iv. Loss means all loss, cost, damage, liability, death, injury or other detriment, including legal costs, consequential loss, special loss and economic loss.

    v. Obligation means any obligation, liability, covenant, agreement, undertaking, representation, acknowledgment, warranty, indemnity, guarantee, stipulation, proviso or condition of whatever kind to be observed, performed, met, undertaken or incurred by the Custodian, Responsible Entity, Trustee or Property Owner (as the case may be) under or in respect of this Document or other instrument collateral with this Document or given or entered into under this Document.

    vi. The Trust means the trust referred to below.

    vii. Trust Deed means the trust deed and any related documentation by which the Trust is constituted from time to time.

Limitation of Liability Clauses – Custodian and Responsible Entity/Trustee

  1. In these clauses, the Contracting Parties are:

    a. Perpetual Limited ACN 000 431 827 (Custodian) in its capacity as custodian of the Vicinity NVN Trust ABN 43 813 342 348 (Trust); and

    b. Vicinity Funds RE Ltd ACN 084 098 180 (Responsible Entity/Trustee) in its capacity as trustee of the Trust.

  2. Limitation of liability of Custodian

    a. The Custodian enters into this Document only as agent of the Responsible Entity/Trustee. The Custodian can only act in accordance with the terms of the agreement under which it is appointed as the Responsible Entity's/Trustee's agent and is not liable under any circumstances to any party under this Document. The limitation of the Custodian's liability applies despite any other provision of this Document and extends to all liabilities and obligations of the Custodian in any way connected with any representation, warranty, conduct, omission, agreement or transaction related to this Document.

    b. The Custodian is not obliged to do or refrain from doing anything under this Document (including, without limitation incur any liability) unless the Custodian's liability is limited in the same manner as set out in this clause 9.

    c. No attorney, agent, receiver or receiver and manager appointed in accordance with this Document has authority to act on behalf of the Custodian in a way which exposes the Custodian to any liability.

    d. If, whether by the express provisions of this Document or by implication of law, the Custodian makes or is taken to have made any representation or warranty then, except for the representations and warranties that can only be within the Custodian's actual corporate knowledge, those representations and warranties are taken to have been made by the Responsible Entity/Trustee.

  3. Limitation of liability of Responsible Entity/Trustee

    a. Unless otherwise specifically contemplated in this Document, and subject to clause 10(c), the Responsible Entity/Trustee enters into this Document only in its capacity as responsible entity/trustee of the Trust and in no other capacity. A liability arising under or in connection with this Document can be enforced against the Responsible Entity/Trustee only to the extent to which the Responsible Entity/Trustee is actually indemnified for the liability out of the property of the Trust. The limitation of the Responsible Entity's/Trustee's liability applies and extends to all liabilities and obligations of the Responsible Entity/Trustee in any way connected with any representations, warranties, conduct, omission, agreement or transaction related to this Document.

    b. Unless otherwise specifically contemplated in this Document, and subject to clause 10(c), a party to this Document may not sue the Responsible Entity/Trustee in any capacity other than as responsible entity/trustee in respect of the Trust, including seeking the appointment to the Responsible Entity/Trustee of a receiver (except in relation to property of the Trust), a liquidator, administrator or any similar person or proving in any liquidation, administration or arrangement of or affecting the Responsible Entity/Trustee (except in relation to the Trust).

    c. The provisions of this clause 10 do not apply to any obligation or liability of the Responsible Entity/Trustee to the extent that it is not satisfied because under the trust deed establishing the Trust, or by operation of law, there is a reduction in the extent, or elimination of, the Responsible Entity's/Trustee's right of indemnification out of the assets of the Trust, or such right does not exist at all, as a result of:

    i. in the case of the Responsible Entity, having incurred the obligation or liability other than in the proper performance of its duties as responsible entity;

    ii. in the case of the Trustee, having incurred the obligation or liability as a result of fraud, gross negligence, wilful default or breach of trust by the Trustee; or

    iii. the failure of the Responsible Entity/Trustee to exercise any right of indemnity it has under the trust deed establishing the Trust in respect of that obligation or liability.

Changes to these Terms and Conditions

  1. We may change or update these Terms and Conditions from time to time. The current version will be available on the Website. The version that you accept when making your Submission will be the version that applies to you.

General

  1. We may assign, novate or otherwise deal with any of our rights or obligations under these Terms and Conditions without obtaining your consent, if to do so will be unlikely to cause any material detriment to you.
  2. The laws of Victoria, Australia govern these Terms and Conditions and you and we irrevocably agree to submit to the non-exclusive jurisdiction of the courts having jurisdiction in Victoria.
  3. These Terms and Conditions form the entire agreement between Vicinity and you specifically regarding the Campaign. That agreement can only be amended by written agreement between us.
  4. If any provision of these Terms and Conditions is held to be unlawful, invalid or unenforceable, that provision will be deemed severed and where capable the validity and enforceability of the remaining provisions of these Terms and Conditions will not be affected.
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