As a Harmony resident, when you refer a friend or family member to Harmony, we’ll send $1000* your way when they settle on a block. They will also receive $1000* as a thank you and welcome to Harmony. So, share the love, and let us reward you and your friends or family and say thanks for suggesting Harmony
Terms and Conditions, Revised as of 27 March 2019
SCHEDULE to Terms and Conditions
Promotion
Harmony Refer a Friend – $1,000 VISA Gift Card on Qualifying Property
Promoter
AVID Property Group Holdings (ABN 87 098 527 390) related entity that is the Seller at Harmony, Palmview, Queensland
of Suite 2, Level 35, 259 George Street, Sydney, NSW 2000
Participants
The Promotion is only open to natural persons. Employees of AVID
Property Group or its related entities, builders, financial planners, real estate agents or those otherwise engaged in similar business as determined by AVID Property Group are not eligible to participate in the Promotion as a Referrer
Participation – general
Each Participant is eligible to participate as:
a. a single person Participant;
b. a multiple person Participant; or
c. an entity Participant.
Participation – residency restriction
For single person Participants, participation in the Promotion is only available to residents of Australia
Participation – age restriction
For single person Participants, participation in the Promotion is only available to persons over 18 years of age
Promotional Period From: 9:00am AEST on 19 January 2019
To: 5:00pm AEST on 30 June 2019
Promotion Period Exclusion
The Promotion does not apply where a holding deposit has been paid to AVID or a Contract has been signed by a Referred Buyer in respect of a Qualifying Property prior to 9.00am on 19 January 2019.
Eligibility to participate
The Promotion is available to each person (a Referrer) who:
a. refer a Referred Buyer to AVID Property Group within the Promotion Period by completing the referral form in accordance with any directions given by AVID Property Group and providing it to AVID Property Group before the Referred Buyer commences any discussions or negotiations in relation to a Qualifying Property with AVID Property Group or its agent; and
b. disclose the Promotion to the Referred Buyer and obtain the consent of the Referred Buyer before referring their details to AVID Property Group.
Incentive
Each Referrer and Referred Buyer who complies with the Promotion terms and conditions, will each be eligible to receive one (1) one Visa Gift Card to the face value of $1000 (Gift Card) including GST, for each Contract entered into by that Referred Buyer irrespective of the number of lots purchased under the Contract.
The Gift Card is subject to separate terms and conditions imposed by the issuer. A copy of such terms and conditions can be obtained by visiting https://universalgiftcard.com.au/terms.aspx
AVID does not accept any liability or assume any responsibility in any way arising out of, or in relation to, the use of the Gift Card, or for any card faults or defects or if the Referrer or Referred Buyer is unable to use the Gift Card for any reason including if the Gift Card is damaged or lost.
Qualification criteria
A Referrer’s eligibility for the Visa Gift Card is subject to:
a. AVID Property Group confirming that the Referred Buyer is a new introduction (i.e. has not commences any discussions or negotiations in relation to a Qualifying Property with AVID Property Group or its agent) to AVID Property Group. AVID Property Group reserves the right to verify the validity of all referrals and the eligibility of a Referrer to receive the Referral Reward will be determined by AVID Property Group in its absolute discretion;
b. the Referred Buyer providing notice to AVID Property Group confirming they were referred to AVID Property Group by the Referrer and no other party during the Promotion Period;
c. the Referred Buyer entering into a binding contract to purchase a Qualifying Property (Contract) on or before 19 January 2019; and
d. the Referred Buyer settling and paying the purchase price under the Contract within the time required under the Contract and settled by 30 June 2019 and otherwise complying with the terms and condition of the Contract, as set out below.
A Referrer will waive the right to receive the Gift Card if the completion date of the acquisition of the Qualifying Property pursuant to the Contract is extended at the request of the Referred Buyer or is delayed as a result of the Referred Buyer’s default.
How to participate
The Promotion is available to each person (a Referrer) who:
a. refer a Referred Buyer to AVID Property Group within the Promotion Period by completing the referral form in accordance with any directions given by AVID Property Group and providing it to AVID Property Group before the Referred Buyer commences any discussions or negotiations in relation to a Qualifying Property with AVID Property Group or its agent; and
b. disclose the Promotion to the Referred Buyer and obtain the consent of the Referred Buyer before referring their details to AVID Property Group.
The Promotion is available to each person (a Referred Buyer) who:
a. enters into a contract for the sale of land in respect of a Qualifying Property (Contract) during the Promotion Period; and
b. pays to AVID the deposit required under the Contract in accordance with the Contract; and
c. completes acquisition pursuant to the Contract in accordance with its terms and conditions.
Qualifying Property
The Promotion applies to the following lots for sale by AVID at Harmony (each a Qualifying Property):
Residential land lots in:
a. Stage 3B – Lots 742;
b. Stage 5 – Lots 1037, 1038
c. Stage 6 – Lots 914, 921, 929, 943, 944, 952, 964, 975, 978;
d. Stage 7 – lots 1063, 1089, 1095, 986, 992; and
e. Stage 8 – Lots 1102, 1105, 1109, 1110, 1113, 1137, 1152, 1156, 1166, 1167, 1175, 1183, 1186, 1187, 1225, 1226, 1233, 1250, 1258, 1763, 1772
Are there limitation on the Incentive?
In the event that a Referred Buyer is referred by more than one Referrer, only the first Referrer to refer the Referred Buyer will be
eligible to receive the Gift Card, as determined by AVID Property Group in its absolute discretion.
Only one Gift Card will be provided in respect of any one particular Qualifying Property irrespective of the number of Referrer’s claiming eligibility or the number of Referred Buyers in respect of any one particular lot at the Qualifying Property.
Referrers and Referred Buyers are not eligible if:
a. at the start of the Promotional Period, Referred Buyer have an accepted or exchanged contract of sale for a residential lot within an AVID residential community participating in the Promotion; and
b. during the Promotional Period, Referred Buyer cancel or terminate such contract of sale, are not eligible to receive an Incentive.
Collection of Incentives
Each Participant must collect their Incentive from the Harmony Sales and Information Centre, off Harmony Boulevard, Palmview within 1 month of the date on which the Incentive is allocated to the Referrer and Referred Buyer.
If for any reason the Promoter is unable to contact the Referrer or Referred Buyer or the Referrer or Referred Buyer fails to attend at the Harmony Sales and Information Centre, off Harmony Boulevard, Palmview to collect the Incentive within two months of the Referred Buyer completing the purchase of the relevant Qualifying Property, then the Incentive will be forfeited and the Referrer or Referred Buyer that could not be contacted or fails to collect the Incentive, will have no claim against AVID.
Terms and Conditions Section 1 – General
1. Information on how to participate in the Promotion and Incentive details form part of these terms and conditions.
2. By participating in the Promotion, Participants accept and agree to be bound by these terms and conditions. For the avoidance of doubt, these terms and conditions include the Schedule above.
3. Participants must comply with these terms and conditions to participate in the Promotion.
4. Where there is an inconsistency between the Schedule and Sections 1 to 6 of these terms and conditions the Schedule will prevail.
5. Any dispute in relation to the eligibility to participate in the Promotion or receive the Incentive will be determined by the Promoter in its absolute discretion. The Promoters decision will be final and binding on the Participant.
Terms and Conditions Section 2 – Who can participate
6. Directors and employees (and their immediate families) of the Promoter or its related companies or agencies are not eligible to participate. Immediate families means spouse, ex-spouse, de facto partner, ex-de facto partner, child, step-child, parent, step-parent, legal guardian, sibling or step-sibling.
7. The Promotion is not available in conjunction with any other promotion or offer by the Promoter or any related body corporate.
8. A Participant will waive the right to receive the Incentive if the completion date of the acquisition of the Qualifying Property pursuant to the Contract is extended at the request of the Participant or is delayed as a result of the Participant’s default.
Terms and Conditions Section 3 – How to participate
9. To participate in the Promotion, each Participant must comply with the ‘How to Participate’ section of the Schedule.
10. The Promoter reserves the right, at any time, to request verification of the age, identity, residential address or any other information relevant to participation in the Promotion of all Participants. The Promoter reserves the right to disqualify any Participant who provides false information or fails to provide information that is reasonably requested by the Promoter.
11. The Promoter reserves the right, in its sole discretion, to disqualify any Participant who has:
a. provided incomplete, indecipherable and/or offensive material as part of their
participation in the Promotion,
b. breached any of these terms and conditions; and/or
c. contravened any applicable laws or regulations or otherwise engaged in unlawful or
improper conduct.
12. The eligibility of Participants to receive an Incentive is solely within the discretion of the Promoter.
13. The Promoter accepts no responsibility for late, lost or misdirected communications.
14. If participation in the Promotion is online, by telephone or SMS, the Promoter assumes no responsibility for any failure to receive any information or for inaccurate information or for any loss, damage or injury as a result of technical or telecommunications problems, including security breaches. If such problems arise, then the Promoter may modify, cancel, terminate or suspend the Promotion.
15. If participation in the Promotion requires access to Facebook, Participants acknowledge and agree that use of Facebook is subject to Facebook’s terms and conditions. The Promoter is not responsible or liable for any loss, damage or injury suffered by any Participant as a result of the conduct of Facebook, including any decision by Facebook to remove or not remove any content, except for liability which cannot be excluded by law. The opinions and images uploaded on Facebook as part of this Promotion are not necessarily endorsed or supported by the Promoter and the Promoter does not confirm, guarantee or warrant their accuracy.
16. If participation in the Promotion requires access to Instagram, Participants acknowledge and agree that use of Instagram is subject to Instagram’s terms and conditions. The Promoter is not responsible or liable for any loss, damage or injury suffered by any Participant as a result of the conduct of Instagram, including any decision by Instagram to remove or not remove any content, except for liability which cannot be excluded by law. The opinions and images uploaded on Instagram as part of this Promotion are not necessarily endorsed or supported by the Promoter and the Promoter does not confirm, guarantee or warrant their accuracy.
Terms and Conditions Section 4 – Incentives
17. Each Incentive is not transferrable, exchangeable or redeemable for cash.
18. If any Incentive is unavailable for reasons beyond the Promoter’s control, the Promoter reserves the right to substitute the Incentive with an incentive of equal or greater monetary value. This right is subject to any applicable legislation, regulations or directions from a regulatory authority.
19. Once the Incentive has left the Promoter’s premises, the Promoter takes no responsibility for the Incentive being damaged, lost or stolen.
20. All taxes (excluding GST, if any) which may be payable as a consequence of receiving an Incentive are the sole responsibility of each Participant.
21. The Participant’s use of the Incentive is entirely at their own risk. Before the Incentive is provided, the receiver of the Incentive may be required to sign an agreement to release the Promoter from and indemnifying the Promoter against any liability arising from or in connection with the Incentive.
22. The Buyer may not deduct or set off the value of the Incentive from any moneys or debts payable to the Promoter. The Incentive is not transferrable or exchangeable and, subject to the terms and conditions applying to the use of the VISA Debit Card, may not be issued or taken as cash.
23. Any taxies, duties, levies or similar charges payable in relation to the receipt of the VISA Debit Card are assigned to and are the responsibility of the Buyer.
Terms and Conditions Section 5 – Receiving the Incentive
24. Each eligible Participant during the Promotional Period will receive an Incentive.
25. The eligibility of Participants to receive the Incentive is solely within the discretion of the Promoter.
26. It is the responsibility of each Participant to comply with the Promoter’s instructions on how to collect their Incentive as outlined in the “Collection of Incentives” section of the Schedule.
27. The Promoter reserves the right to request each Participant to provide proof of their identity and/or proof that they were responsible for participating in the Promotion.
28. Each Participant agrees to participate and cooperate, as required, in all publicity activities relating to the Promotion, including, without limitation, being interviewed, photographed, filmed and recorded. Each Participant authorises the Promoter to use such content for advertising and publicity purposes in any media in perpetuity worldwide.
29. It is the responsibility of each Participant to notify the Promoter of any change to their contact details.
30. The Promoter reserves the right to vary the terms of, or cancel, the Promotion at any time without liability to any Participant or other person, subject to applicable laws. These changes may include varying or withdrawing any Qualifying Property from the Promotion or varying the Promotion Period.
31. All information provided is subject to change without notice. Participants should make their own enquiries and satisfy themselves as to whether the information provided is current and correct and if appropriate, seek appropriate advice before entering any Contract.
Terms and Conditions Section 6 –Limit on Liability
32. Any Incentive supplied by a third party supplier is subject to the terms and conditions of that third party supplier. The Incentive may come with guarantees that cannot be excluded under the Australian Consumer Law. If those guarantees are not complied with, then the Participant will have rights under the Australian Consumer Law. Subject to those guarantees and rights, the Promoter shall not be liable and excludes all liability (including negligence), for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) for damage to property, personal injury or death suffered or sustained in connection with this Promotion or the use or taking of any Incentive except for any liability which cannot be excluded by law including as provided for under the Australian Consumer Law.
33. By entering into this Promotion, the Participant is indicating his or her agreement to be bound by these Terms and Conditions.
34. In consideration for the Promoter entering into a Contract with the Participant and offering an Incentive in accordance with this Promotion the Participant agrees to release and indemnify the Promoter and each of its officers, employees and agents in respect of all claims, liabilities, losses and causes of action whatsoever arising directly or indirectly out of or in connection with the Incentive and any purchase made pursuant to it.
35. The Promoter gives no warranty and makes no representation as to the accuracy or sufficiency of any description, illustration, photograph or statement contained in any advertisement relating to the Promotion, or any information or statements made or given by its employees, agents or contractors concerning the Promotion, and, except for any liability which cannot be excluded by law, will not be liable for any loss or damage suffered or incurred by any party who relies upon the information in any such Promotion, advertisement, publication or statement
Terms and Conditions Section 7 – Privacy
36. The Promoter will collect and use each Participant’s personal information for the purposes of:
a. conducting the Promotion (which may include disclosure to third parties for the purpose of processing and conducting the Promotion) and for promotional purposes, public statements and advertisements in relation to the Promotion;
b. providing information to the Participant about the products and services offered by the Promoter and its related companies; and
c. research to improve its products and services.
37. By participating in the Promotion, Participants consent to the use of their personal information as described in clause 36.
38. Any personal data relating to the Participant or any other entrants will be used solely in accordance with current Australian data protection and privacy legislation, and in accordance with the AVID Privacy Policy. https://avid.com.au/privacy_policy/
39. Participants may access, change, opt out and/or update their personal information in accordance with the Promoter’s privacy policy https://avid.com.au/privacy_policy/
40. This is the second advertised version of these Terms and Conditions and are dated 27 March 2019