Terms & Conditions
*Vic Residents 18+ only. Starts 11/1/20 9am AEDT. Ends 10/5/20 11:59pm AEST. Draw: 2:30pm AEST 31/07/20, 1/123 Elgar Rd, Derrimut VIC 3030. Max 1 entry per deposit/contract. Winner published at www.facebook.com/MimosaHomesAustralia/ by 04/08/20.
To enter the Promotion, the entrant must purchase a Mimosa Home in Victoria, in accordance with the below requirements:
Pay the AUD$2,000 deposit for a Mimosa Home (with the intention to build or own), before the Promotion end date/time of 10/05/20 at 11:59 pm AEST;
Have an executed copy of the land contract for where their Mimosa Home will be built;
Their Mimosa Homes HIA building contract must be executed by both parties between the Promotion start date/time of 10/05/20 at 11:59 pm AEST and 22/07/20 at 11:59 pm AEST; and 5% of contract value of the Mimosa Home HIA building contract paid by the time of execution of the Mimosa Homes HIA building contract;
Their Mimosa Homes HIA building contract must be unconditional (i.e. it is not conditional on finance approval); and
They must sign an entry form/release provided by Mimosa Homes, agreeing to these terms and conditions, plus the entrant must follow all Mimosa Homes terms and conditions and Mimosa Homes processes.
Any person who qualifies for the ‘Home Sweet New Home’ Promotion or ‘$25K off double story’ Promotion and have only paid the AUD$2,000 deposit (but have not executed an unconditional Mimosa Home HIA building contract as at the Promotion start date of 11/01/20) can request their Mimosa Homes rep to enter into this Win Your Dream Home Up to $250,000 Promotion instead, but will forfeit their right to entry into the ‘Home Sweet New Home’ Promotion or ‘$25K off double story’ Promotion. Any entry is conditional on fulfilling the entry requirements listed above for this Promotion.
Limit one (1) entry 1 entry per deposit/contract.
The winner will receive up to a maximum of AUD$250,000 off their Mimosa Home purchase applicable to their winning entry. For the sake of clarity, this will be based on the total value for the home as stated in the Mimosa Home HIA building contract. The price specified in the original Mimosa Home HIA building contract will apply in determining the prize amount. Prize excludes any variations after contract is signed. Any areas outside of Mimosa Homes’ inclusions will or may incur additional costs. The prize will not be awarded as cash, and will simply be deducted from the amount owing by the winner on their Mimosa Home purchase applicable to their winning entry. If items are deleted by variation to lower the contract value, the prize will be reduced accordingly. The prize amount will exclude any allowances.
If the amount of the winner’s Mimosa home is less than AUD$250,000, the winner will not receive the remaining balance as cash (e.g. if AUD$150,000 home purchase, they will not receive an additional AUD$100,000 as cash or any alternative). If the amount owing on the winner’s Mimosa Home is greater than AUD$250,000, then the winner will be required to pay any remaining balance over the AUD$250,000.
To be eligible to claim the prize, the winner must follow Mimosa Homes’ processes, adhere to times/dates as directed by Mimosa Homes, enter into a building HIA contract with Mimosa Homes with full 5% deposit being paid and have an unconditional contract. Any delays from the client and outside Mimosa Homes process will void a customer’s entry into the draw and eligibility to win the prize.
The winner will be contacted by phone and email within seven (7) days of the draw. The winner will be published at www.facebook.com/MimosaHomesAustralia/ by 04/08/20.
The entrant agrees and acknowledges that they have read these Conditions of Entry (and Schedule) and that entry into the Promotion is deemed to be acceptance of these Conditions of Entry (and Schedule). Any capitalised terms used in these Conditions of Entry have the meaning given in the Schedule, unless stated otherwise.
These terms and conditions were prepared by Plexus.
The Promotion commences on the Start Date and ends on the End Date (“Promotional Period”). Entries are deemed to be received at the time of receipt by the Promoter and not at the time of transmission or deposit by the entrant. Records of the Promoter and its agencies are final and conclusive as to the time of receipt.
Mimosa Homes reserves the rights to alter or terminate this offer at any time and without notice.
Entry is not transferable.
Valid and eligible entries will be accepted during the Promotional Period.
Employees (and the immediate family members) of agencies/companies directly associated with the conduct of this Promotion, the Promoter, its distributors, suppliers, subsidiary companies/businesses and associated companies and agencies are not eligible to enter. “Immediate family member” means any of the following: spouse, ex-spouse, de-facto 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 1st cousin.
The draw will take place at MIMOSA HOMES PTY LTD, 1/123 Elgar Rd, Derrimut VIC 3030, Australia at 02:30 pm AEST on 31/07/20.
The first valid entry drawn will be the winner of the prize specified in the Schedule above.
The draw conductor may draw additional reserve entries in case an invalid entry or entrant is drawn.
If a draw is scheduled on the weekend or a public holiday, the draw will be conducted at the same time and location on the following business day. The Promoter will ensure each draw is open for public scrutiny and anyone may witness the draw on request. The winner of a drawn prize is determined by chance.
All reasonable attempts will be made to contact each winner.
If any winner chooses not to take their prize (or is unable to), or does not take or claim a prize by the time specified by the Promoter, or is unavailable, they forfeit the prize and the Promoter is not obliged to substitute the prize.
The value of the prize is accurate and based upon the recommended retail value of the prize (inclusive of GST) at the date of printing. The Promoter accepts no responsibility for any variation in the value of the prize after that date.
No part of a prize is exchangeable, redeemable for cash or any other prize or transferable, unless otherwise specified in writing by the Promoter.
If a prize (or portion of a prize) is unavailable the Promoter reserves the right to substitute the prize (or that portion of the prize) to a prize of equal or greater value and/or specification.
No entry fee is charged by the Promoter to enter the Promotion.
The prize will be awarded to the person named in the entry and any entry that is made on behalf of an entrant or by a third party will be invalid. If there is a dispute as to the identity of an entrant or winner, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant or winner.
For the purposes of public statements and advertisements, the Promoter may only publish the winner’s surname, initial and State/Territory or postcode of residence.
The Promoter reserves the right to refuse to allow a winner to take part in any or all aspects of the prize, if the Promoter determines in their absolute discretion, that a winner is not in the physical or mental condition necessary to be able to safely participate in or accept the prize. It is a condition of accepting the prize that the winner will be required to sign a legal release as determined by the Promoter in its absolute discretion, prior to receiving the prize.
If a prize is provided to the Promoter by a third party, the prize is subject to the terms and conditions of the third party prize supplier and the provision of the prize is the sole responsibility of the third party and not the Promoter. The terms and conditions which apply to the prize at the time it is issued to the winner will prevail over these Conditions of Entry, to the extent of any inconsistency. The Promoter accepts no responsibility or liability for any delay or failure by the third party to deliver the prize, any delay or failure relating to the prize itself or failure by the third party to meet any of its obligations in these Conditions of Entry or otherwise.
Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Conditions of Entry restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).
If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion and invalidate any affected entries, or suspend or modify a prize, subject to State or Territory regulation.
The Promoter reserves the right, at any time, to validate and check the authenticity of entries and entrant’s details (including an entrant’s identity, age and place of residence). In the event that a winner cannot provide suitable proof as required by the Promoter to validate their entry, the winner will forfeit the prize in whole and no substitute will be offered. Incomplete, indecipherable, inaudible, incorrect and illegible entries, as applicable, will at the Promoter’s discretion be deemed invalid and not eligible to win. Entries containing offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to win. The use of any automated entry software or any other mechanical or electronic means that allows an individual to automatically enter repeatedly is prohibited and may render all entries submitted by that individual invalid.
The Promoter reserves the right to disqualify entries in the event of non-compliance with these Conditions of Entry. In the event that there is a dispute concerning the conduct of the Promotion, the decision of the Promoter is final and binding on each entrant and no correspondence will be entered into.
The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence or wilful misconduct) in connection with this Promotion or accepting or using any prize (or recommendation), except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
The entrant will participate in and co-operate as required with all reasonable marketing and editorial activities relating to the Promotion, including (but not limited to) being recorded, photographed, filmed or interviewed and acknowledges that the Promoter may use any such marketing and editorial material without further reference or compensation to them.
Unless otherwise specified, a prize is a single event for the winner (and where relevant their guests) and cannot be separated into separate events or components.
The Promoter accepts no responsibility for any tax implications and the entrant must seek their own independent financial advice in regards to the tax implications relating to the prize or acceptance of the prize.
Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.