Silent art charity auction – Bid on the Brookfield Place community canvas
1. This promotion (“Promotion”) is brought to you by Brookfield Commercial Operations Pty Ltd ABN 86 120 690 940 (“Promoter”) and hosted via the Tenant App (axiis) and the website (bfplperth.com).
2. These terms and conditions, together with the general terms and conditions that are applicable to your use of and access to the app (together the “Terms”) constitute the rules of participation in the Promotion.
3. By entering the Promotion, you agree to be bound by the Terms.
4. This Promotion commences at 09:00 AEST on Monday 26 May 2025 and closes at 10:00 AEST on Friday 11 July 2025 (‘Promotional Period’).
5. Entry is open to Western Australian residents 18 years of age and over. The entrant is responsible for ensuring his or her familiarity with the terms and conditions at the time of participation.
6. Employees of the Promoter (and their immediate families) and its agencies associated with this promotion, are not eligible to enter.
7. You may only enter this Promotion once. Entrants can only enter in their own name. The Promoter reserves the right to request the winners to produce (within the requested time) appropriate photo identification or other documentation (to the Promoter’s satisfaction, at its sole discretion) in order to confirm the winners’ identity, age, residential address, eligibility to enter and claim a prize and any information submitted by the winners in entering the Promotion before issuing a prize. If the documentation required by the Promoter is not received by the Promoter (or its nominated agent) or the winning entry has not been verified or validated to the Promoter’s satisfaction within the time requested, the winner’s entry will become invalid. The prize will only be awarded following any winner validation and verification that the Promoter requires in its sole discretion.
8. To enter the competition and be deemed an “Entrant”, you must: a. Access the Axiis app by either; downloading from the Apple Store or Google Play; or scanning the QR code found on the signage displayed in the Lobby of Brookfield Place Perth; or access the website via www.bfplperth.com and b. Complete the Auction Form with a valid email address, which involves making a monetary bid on the original piece of art
9. There will be six (6) prize winners for 6 of the original artworks. The winner will be drawn on Friday 11 July 2025 by the Promoter from all valid entries at 10:00 (AEST). The winner will be the highest bidder for each piece of original artwork.
10. Incomprehensible and incomplete entries will be deemed invalid.
11. The Promoter reserves the right to reject entries that contain and/or depict illegal, sexually explicit, morally or racially offensive entries.
12. In order to be eligible to receive a prize, the winners must sign an acknowledgement and waiver in favour of the Promoter on terms provided by the Promoter but including that the winners accepts the prize at their sole risk and release the Promoter in respect of any loss or liability that the winners may incur as a result of accepting and using the prize.
13. The prize winner will be notified by phone and in writing by email within 2 business days of the Draw Date. Details of how the winners can claim their prize will be set out in the letter informing them that they have won. The winners will also be announced on the axiis and website ‘Art auction with Fiona Reidy’ page.
14. In the event that a prize winner does not confirm acceptance of the prize within 14 days of the Promoter endeavouring to contact each relevant prize winner, the Promoter will draw a further prize winner by raffle and will notify the replacement prize winner by the method set out in paragraph 15 above. This process will continue until that prize is accepted by a winner.
15. The Promoter accepts no responsibility for loss or damage to the prize. The prize is not redeemable for cash and not transferable to another person. The prize cannot be sold, scalped, auctioned, raffled, pledged or promoted as an incentive or reward by any third party as an inducement for any person or other entity to enter into any commercial or other arrangements with that third party. If a prize is obtained through any of these methods, it will not be honoured. In the event for any reason a winner does not take an element of any prize at the time stipulated by the Promoter then that element of the prize will be forfeited by the winner and cash will not be supplied in lieu of that element of the prize. Prize Value is as specified on the Date at which the Prize Value is valid. The Promoter accepts no responsibility for any variation in prize value. Where a prize is unavailable for any reason, the Promoter may substitute for that prize another item of equal value. The Promoter will not replace any lost or stolen prizes.
16. The Promoter’s decision is final.
17. There is one (1) prize to be won, being one original artwork painted by Fiona Reidy from Djinda Kaal and the Brookfield Place community
18. Every Entrant acknowledges that this is a charity auction and that the value of the original artwork is unknown. Each Entrant will make a monetary bid on the value of the original artwork to an amount they deem appropriate as a donation to the nominated charity. The prize winner expressly acknowledges and agrees that the value of the artwork may be more or less than their bid and that all proceeds from their bid will be donated to charity.
19. The Promoter confirms that all proceeds received from the winning bidder will be donated to Yorgum Healing Services. The donation will be published on the axiis app and the website.
20. Taxes If a Prize or receipt of it incurs a tax liability, the Prize Winner is liable for payment of such tax.
21. The Promoter reserves the right to verify the validity of entries and Entrants (including an Entrant’s identity and age) and reserves the right to disqualify any Entrant for tampering with the entry process or for submitting an entry that is not in accordance with these Conditions of Entry, or if the Entrant is engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.
22. The Promoter and its associated entities and agents accept no responsibility for loss, damage, accident, death or injury resulting from the promotion.
23. The Promoter and its associated entities and agents accept no responsibility for any tax implications that may arise from the major prize winnings.
24. Except for any implied condition or warranty the exclusion of which from these conditions of entry would contravene any statute or cause any part of these conditions of entry to be void (“Non Excludable Condition”), the Promoter excludes from these conditions of entry all conditions, warranties and terms, implied by statute, general law or custom. Except for any liability in relation to a Non Excludable Condition, the Promoter (including its officer, employees and agents) excludes all liability whether arising in tort (including, without limitation, negligence), contract or otherwise for any personal injury or any other loss or damage (including without limitation loss of opportunity or loss or profits) whether direct, indirect, special or consequential, arising in any way out of the promotion, including, without limitation, the following: 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 prize claim that is 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; d) any variation in prize value to that stated in these conditions of entry; e) any tax implications; f) the cancellation or postponement of any event; and/or g) a prize or use of a prize.
25. Each Entrant consents, if the Entrant becomes a winner, to the Promoter using the Entrant’s name, likeness, image and/or voice (including photograph, film and/or recording of the same) in media and communication for an unlimited period of time without remuneration for the purpose of promoting this promotion (including any outcome), the Promoter and or products/services supplied by the Promoter.
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