>
FREE Online Auction and Marketing Package - Terms and Conditions

FREE* Online Auction and Marketing Package – Terms and Conditions

  1. Information on how to enter the promotion and contents of the promotion form part of these Terms and Conditions. Entries that do not comply with these Terms and Conditions are not valid.

Eligibility and Entry

  1. Entrants must be over the age of 18 and must read and consent to these Terms and Conditions.

  1. Eligible properties must be from the state of Queensland, Australia only for this promotion.

Employees, directors and/or officers (and their immediate families) of the Promotor or of its subsidiaries or related companies, promotion providers and any agencies associated with this promotion are ineligible to enter this Promotion. Immediate family 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.

  1. Entries to the promotion open at 09:00am AEST on Friday 18th February 2022 and close 11:59pm on Friday 29th April 2022. (“Promotional Period”).

  1. This promotion will consist of twenty (20) promotional packages. Entrants are only eligible for one (1) promotional package per property in respect of the Promotional Period.

  1. To be eligible to enter, each entrant must meet the (“Eligibility Criteria”):
    1. Not to have entered or communicated entry more than once in the Promotional Period; and
    2. Undertake the following steps during the promotional period:
      1. Retain the Promoter as exclusive listing agent for the entrant’s property sale
      2. Follow the Eligibility Criteria
      3. Book and have performed a Property Appraisal through emailing brett.garnett@grays.com.au

  1. Participation is limited to one (1) entry per unique property during the Promotional Period.

  1. Entries are deemed to be received at the time of receipt by the Promotor. The Promotor is not responsible for entries that are not received by the Promotor, entries that are late, lost or misdirected, or for any incorrect, inaccurate, or incomplete information that is received including that which is caused by error occurring during the transmission. The promotor is not responsible for any problems or technical malfunction of any telephone, telephone or computer network, or lines, servers, or telephone or internet providers, traffic congestion on any phone or computer network, or any combination thereof, including any injury or damage to participants or any other person’s handset or computer related to or resulting from participation or sending or receiving of any communication or of any materials in this promotion.

  1. The Promoter reserves the right, at any time, to verify, and request verification of, entries and entrants (including an entrant’s identity, age and place of residence and any other information relevant to entry into or participation in this promotion). Verification of entries at the discretion of the Promoter, whose decision is final. The Promoter also reserves the right, in its sole discretion, to disqualify any individual who:
    1. the Promoter has reason to believe has breached any of these Terms and Conditions, provided false information, failed to provide relevant information, or where the Promoter considers the content of information provided is inappropriate, disrespectful or offensive;
    2. has forged, manipulated or tampered with the promotion; or
    3. has engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion.

  1. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.

  1. Incomplete or indecipherable entries will be deemed invalid.

  1. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant. The Promoter may in its sole discretion decide not to award a Promotional Offer to a person who it reasonably suspects is not the original entrant.

Eligibility Criteria

  1. The following requirements are needed to satisfy each Entry participant for this Promotional Offer:
    1. Seller of a Property to verify they are the owner of the property by communicating to the Promoter such information as reasonably required and is to sign an Exclusive Listing Authority (Form 6) with Grays Real Estate Australia
    2. Seller Price and Reserve expectations are in-accordance with Grays Real Estate Appraisal range
    3. Seller agrees that the property may be sold by Auction or by Private Treaty

Promotional Offer

  1. The Promotion takes place as a first come, first serve basis, provided that the instructions are complied with during the Draw Date. For the avoidance of doubt, an entrant will only be eligible for the Promotion in respect of the Promotional Period during which an entrant has satisfied the Eligibility Criteria. The Promotional Offer includes winning one (1) of twenty (20) “Free Online Auction & Marketing Packages” per unique property application.

  1. The Promotional Offer of a Free Online Auction & Marketing Package includes:
    1. A Photo Signboard – being 6’ by 4’ or similar
    2. 60 Day “Premiere Listing” on Realestate.com.au
    3. A Photography Pack (Maximum of 12 property portfolio photos)
    4. Online Auction Fees for Grays.com
    5. Brochures – 50 A4 full colour Brochures
    6. Floorplan of the Property

  1. Substitutions are not available for the Promotional Offer. Cash equivalents are not available for the promotional offer, refunds are not available for the Promotional Offer under any circumstances.

  1. The Online Auction referred to in the Promotional Offer is to take place using the Grays.com Online Auction Platform only. The Grays User Agreement as well as the Real Estate User Agreement will apply to the performance of the Online Auction. Entrants and Winners of this Promotion should review those Agreements at https://www.grays.com/content.aspx?block=Terms or by contacting the promoter.

  1. Promotional Offers are provided on a first come, first serve basis, provided that the Eligibility Criteria (14) has been complied with and the Exclusive Listing Authority (14(a)) is signed.

  1. Promotional Offers will only be delivered to Australian addresses only. It is the responsibility of entrants to provide the Promoter with correct contact and mailing details.

  1. Subject to the unclaimed Promotional Offer clause 24 below, if for any reason a winner does not take their Promotional Offer or a part of the Promotional Offer within 3 months of a successful winner email, then the Promotional Offer or that part of the Promotional Offer will be forfeited and cash will not be awarded in lieu of that Promotional Offer or part of that Promotional Offer. The Promoter will not be liable for a winner that cannot be contacted and no correspondence will be entered into.

  1. If a Promotional Offer or part thereof is unavailable for reasons beyond the Promoter’s control, the Promoter, in its discretion, reserves the right to substitute the Promotional offer with a remedy to the equal value and/or specification, subject to any written directions from a regulatory authority.

  1. Promotional Offers are not transferrable or exchangeable and cannot be taken as cash, unless otherwise advised.

  1. All taxes (excluding GST) which may be payable as a consequence of receiving a Promotional Offer are the sole responsibility of the winner.

  1. If there are any unclaimed Promotional Offers at the end of the Promotional Period they will expire at the end of the Promotional Period.

Promoter’s Rights and Liabilities

  1. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.

  1. If any act or omission, event or circumstance occurs which is beyond the reasonable control of the Promoter and which prevents the Promoter from complying with these Terms and Conditions, the Promoter will not be liable for any failure to perform or delay in performing its obligations and the Promoter reserves the right (subject to any applicable law and any written directions from a regulatory authority) to modify, suspend, terminate or cancel the Promotion.

  1. In the event of a Force Majeure Event, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion subject to any written directions from a relevant regulatory authority. Force Majeure Event means any cause outside the reasonable control of the affected party and which could not have been prevented or avoided by that party taking all reasonable steps.

  1. If for any reason this promotion is interfered with or is not capable of running as planned, whether caused by infection by computer virus, mobile phone failure, line drop out, bugs, tampering, unauthorised intervention, fraud, technical failures or any other cause beyond the control of the Promoter which corrupt or affect the administration, security, fairness or integrity of this promotion, the Promoter reserves the right in its sole discretion, (subject to any approval or written direction given by a relevant regulatory authority), to cancel, terminate, modify or suspend this promotion.

  1. Caution: any attempt to deliberately damage the Promoter's promotional website or the information on the website, to cause malicious damage or interference with the normal functioning of the website, or to otherwise undermine the legitimate operation of this promotion may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law. If the Promoter suffers loss or incurs any costs in connection with any breach of these conditions of entry or any other legal obligation by an Entrant, the Entrant agrees to indemnify the Promoter for those losses, damages and costs.

  1. Any cost associated with accessing the promotional website is the entrant’s responsibility.

  1. 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, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non- Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury, loss or damage (including loss of opportunity) whether direct, indirect, special or consequential, arising in any way out of the promotion.

  1. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss, damage (including loss of opportunity), personal injury or death; whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or Promotional Offer claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any tax liability incurred by a winner or entrant; or (f) receiving, taking or using a Promotional Offer.

  1. The Promoter will not be responsible for any incorrect, inaccurate or incomplete information communicated in the course of, or in connection with, this promotion if the deficiency is occasioned by any cause outside the reasonable control of the Promoter.

  1. The Promoter collects personal information about entrants for the purposes of conducting this promotion and for direct marketing and publicity purposes (which may include disclosure to third parties). By participating in the promotion, the entrant consents to the use of the personal information provided to the Promoter for the purposes of the conduct of this promotion (including storage of their personal information on the Promoter’s database) and consents to the Promoter using that information for future promotional, marketing and publicity purposes including contacting the entrant in the future with information on special offers or to provide the entrant with marketing materials via any medium including mail, telephone and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email) or any other form of electronic, emerging, digital or conventional communications channel whether existing now or in the future. Entrants will have the right to opt out of receiving further direct marketing material. The Promoter may share information with its related companies, with third parties for the purposes contemplated by these Terms and Conditions, including the conduct of this promotion, and with other promotional partners who may contact entrants with special offers in this way, both within Australia and overseas. The Promoter may also share personal information with its related companies overseas. Entrants consent to the use and disclosure of their personal information to any such overseas entities. Entrants can gain access to, update, correct or destroy any personal information, make a complaint about a breach of privacy, or opt out of receiving any communications by contacting the Promoter at the address below. A copy of the Promoter's Privacy Policy in relation to the treatment of personal information collected may be obtained at https://www.grays.com/content.aspx?block=privacy-policy or by contacting the Promoter

  1. Any dispute relating to this promotion must, prior to a person initiating litigation, be dealt with as follows. The affected person (“complainant”) will notify the Promoter of the details of the dispute in writing and within 14 days of receiving this notice, the complainant and a representative of the Promoter will meet by videoconference to attempt to resolve the If unresolved within 30 days after that meeting, the dispute will be escalated to a more senior manager at the Promoter not directly involved in the promotion, who will investigate the dispute and meet by videoconference with the complainant to further attempt to resolve the dispute. If still unresolved within a further 14 days of being escalated, then the senior manager of the Promoter will make a final and binding decision subject to any legal proceedings initiated by the complainant.

  1. The Promoter is Grays Real Estate Australia Pty Ltd (ACN 643 206 268) trading as Grays Real-Estate Australia at 11 Chandos Street, St Leonards, NSW 2065 (“Promoter”).

  1. Please contact brett.garnett@grays.com.au regarding any queries for this Promotional Offer