Porter Davis Homes “Time for Your First Home” Promotion Terms and Conditions

  1. The promoter of this “Time For Your First Home” Promotion (Promotion) is PDH Group Pty Ltd trading as Porter Davis Homes  ABN 26 125 135 524, QLD Builders Licence Number 15007714 and VIC Domestic Builder Registration Number CDB-U 49123 whose principal office is located at Level 10, 720 Bourke Street (Porter Davis Homes).
  2. The following terms and conditions (Terms and Conditions) apply to each entrant. Participation in this Promotion is deemed acceptance of these Terms and Conditions. If the entrant does not agree to these Terms and Conditions, they must not enter this Promotion or accept any prize as part of this Promotion from Porter Davis Homes.
  3. The Promotion commences at 10am AEST on Friday, 1 July 2022 and closes at 5pm AESTon Friday, 12 August 2022 (Promotional Period).

Eligibility and entering

  1. Entry into this Promotion is available to:
  • (a)           any person who during the Promotional Period and the period that is 6 months after the Promotional Period (Relevant Period):

    (i)             is a resident of Victoria or Queensland, Australia aged over 18 years;
    (ii)            qualifies for the First Home Owners Grant from the Victorian or Queensland Government; and
    (iii)          undertakes to purchase a house or a house and land package that:

    (A)          is up to the value of $750,000;
    (B)          is in Victoria or Queensland and within the Porter Davis Homes build zone (https://porterdavis.com.au/about-us/where-we-build); and
    (C)          forms part of the Porter Davis Homes Range (Eligible Home Package)
  • (b)           provided that:

    (i)             during the Relevant Period, Porter Davis Homes, acting reasonably, is satisfied that the person can pay the balance of the purchase price for the Eligible Home Package (whether through financing or otherwise), and the person provides all reasonable assistance to, and information requested by, Porter Davis Homes in order for it (or its related bodies corporate) to determine whether this is the case;  
    (ii)            the person enters into a valid and binding contract of sale in respect of an Eligible Home Package (Contract of Sale) by the end of the Relevant Period (Nominated Home);
    (iii)          the person has started the build in respect of the Eligible Home Package on the relevant site within 12 months of signing the Contract of Sale; and
    (iv)          the person completes settlement of the purchase of their Nominated Home by the date set out in the Contract of Sale,

    (each an Eligible Entrant).
  1. For the avoidance of doubt, an entrant who has already paid a deposit to Porter Davis Homes is eligible to participate in this Promotion provided they meet all of the criteria set out at clause 4 above.
  2. The directors, management and employees (and their immediate families) of Porter Davis Homes and its related entities, printers, suppliers, providers and agencies who are directly associated with the conduct of this Promotion are ineligible to enter.

How to enter

  1. To enter, an Eligible Entrant must, during the Promotional Period, visit https://porterdavis.com.au/time-for-your-first-home (Website) and submit their full name, residential address, phone number, email address and a unique story about “why it’s time for their first home”, in 100 words or less.  An entrant may provide a link to no more than one supporting video (under 10mb in size) which can for example, showcase what is being described in the unique story, however any words in the supporting video will not be considered as part of the entry.  The unique story and any supporting video, are together, taken to be a ‘Submission‘.
  2. There is no limit on the number of Submissions an entrant may make. 
  3. If an entrant:
  • (a)           provides incomplete or inaccurate information to Porter Davis Homes; or
    (b)           ceases to comply with, or otherwise meet the requirements set out in paragraph 4 of these Terms and Conditions,

prior to settlement of the Nominated Home, then Porter Davis Homes (exercising its reasonable discretion) may void this Promotion in respect of that Eligible Entrant by giving notice in writing to the entrant.

  1. Porter Davis Homes reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, acting reasonably, to disqualify any individual who Porter Davis Homes has reason to believe has breached any of these Terms and Conditions or engaged in any unlawful or improper misconduct that jeopardises the fair and proper conduct of this Promotion.  If there is a dispute as to the identity of an entrant, Porter Davis Homes reserves the right, acting reasonably, to determine the identity of the entrant. Failure by Porter Davis Homes to enforce any of its rights at any stage does not constitute a waiver of those rights. Porter Davis Homes’ decision, acting reasonably, as to whether a winner (or any other person) is an Eligible Entrant (or otherwise any decision made in respect of this Promotion) is final and no correspondence will be entered into.

The Submissions

  1. Without limiting clauses 25 and 27, entrants acknowledge and agree that all Submissions may be published on the Porter Davis Homes website, Facebook, Instagram, Twitter and TikTok accounts and some Submissions may be published in or on other forms of media, promotional, advertising and marketing material. 
  2. Entrants agree that they are fully responsible for their Submission. Porter Davis Homes may remove or decline to publish any Submission without notice. Entrants warrant and agree that:
  • (a)           they will not submit Submissions that are unlawful or fraudulent, that may breach any intellectual property, privacy, publicity or other rights, that are defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender or otherwise unsuitable for publication (as reasonably determined by Porter Davis Homes);
  • (b)           their Submission shall not contain viruses or cause injury or harm to any person or entity;
    (c)           they will obtain prior consent from any person or from the owner(s) of any property that appears in their Submission;
    (d)           the Submission is the original artistic or literary work of the entrant that does not infringe the rights of any third party;
    (e)           they consent to any use of the Submission which may otherwise infringe the content creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and
  • (f)            they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems.

Determination of a winner 

  1. The Porter Davis Homes sales and marketing teams will shortlist two Victorian and two Queensland entries (Shortlist) by 5pm AEST on Friday, 19 August 2022.  Entries will be shortlisted based on what these teams determine to be the most interesting, funny and creative (Judging Criteria).  
  2. Porter Davis Homes staff will then vote for the one winning entry out of the Shortlist, based on the Judging Criteria (Winner). Votes will close at 5pm AEST on Friday, 26 August 2022. The votes will be conducted through an internal voting system at Porter Davis Homes Head Office, Level 10/720 Bourke Street, Melbourne on Monday, 29 August 2022 (Vote Count).
  3. If an invalid entry or ineligible entrant is chosen, or the winner subsequently fails to be an Eligible Entrant prior to claiming the prize, the next entry with the most votes pursuant to the Vote Count will be awarded the prize and must claim the prize pursuant to these Terms and Conditions.
  4. The winner will be notified in writing or by telephone within one week of the Vote Count and their name will be published on the Website and the Porter Davis Homes social media channels. The winner may also be published on media outlets.

The prizes

  1. The Winner will win $72,000 (Amount) to be applied towards their Eligible Home Package.  The Amount will be  contributed as a rebate towards the overall amount payable under the Contract of Sale. It will be, reflected as a post contract variation to  the Contract of Sale. However, for the avoidance of doubt,  in order to be entitled to the rebate, the Winner must meet all of the conditions set out at clause 4. The Winner’s eligibility or entitlement to the rebate will not be affected by any acts or omissions by Porter Davis Homes.
  2. If for any reason the winner does not meet all of the conditions set out at clause 4, the prize in so far as it relates to the winner, will be forfeited.  If Porter Davis Homes has used best endeavours to, however is unable to, allocate a prize to an eligible winner pursuant to these Terms and Conditions, the prize will be forfeited and Porter Davis Homes may terminate or cancel this Promotion, as appropriate.
  3. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
  4. All costs not expressly stated, but which may be incurred in acceptance and use of any part of the prize, are the responsibility of the Eligible Entrant.

Porter Davis Homes’ liability in relation to this Promotion

  1. Porter Davis Homes is not liable for any tax implications arising from the conduct of any Eligible Entrant in respect of this Promotion (or use of any prize awarded under this Promotion). Independent financial advice should be sought by the winners.
  2. 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 2010 (Cth), as well as any other implied warranties or similar consumer protection laws in the States and Territories of Australia (Non-Excludable Guarantees).
  3. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, Porter Davis Homes (including its respective officers, employees and agents) excludes all liability for any personal injury and any loss or damage (including loss of opportunity), whether direct, indirect, special or consequential, arising in any way out of this Promotion, including loss or damage arising out of technical difficulties or equipment malfunction (whether or not under Porter Davis Homes’ control), unauthorised access or third party interference, any entry that is late, lost, altered, damaged or misdirected (whether or not after their receipt by Porter Davis Homes) due to any reason beyond the reasonable control of Porter Davis Homes, any variation in prize value to that stated in these Terms and Conditions, any tax liability incurred by a winner or entrant and use of a prize.

Personal information and publicity consents

  1. Porter Davis Homes collects personal information in order to conduct this Promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities, and may also use and handle personal information as set out in its privacy policy (https://porterdavis.com.au/privacy-policy).
  2. Porter Davis Homes may, for an indefinite period, unless otherwise advised, use the information provided by entrants, including their Submission, for promotional, marketing, publicity, research and profiling purposes in respect of this Promotion and/or marketing Porter Davis Homes and its house or house and land packages, including sending electronic messages or telephoning the entrant.
  3. The winner consents to attending, and participating in publicity requirements (including print, video, social media, radio and television appearances) for and on behalf of Porter Davis Homes, and as otherwise reasonably required by Porter Davis Homes between the end of the Promotional Period and the date on which the Winner moves into their Nominated Home.
  4. Eligible Entrants consent to Porter Davis Homes using their Submission, their name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting the Promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by Porter Davis Homes.
  5. Without limiting clause 27, Porter Davis Homes may contact non-winning entrants about their Submissions to discuss potential publicity, marketing and advertising opportunities.  Should entrants agree to such opportunities, they consent to Porter Davis Homes using their Submission, their name, likeness, image and/or voice (including photograph, film and/or recording of the same) in connection with such opportunities.

Other

  1. If this Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of Porter Davis Homes, then Porter Davis Homes reserves the right, acting reasonably, to the fullest extent permitted by law to disqualify any Eligible Entrant or modify, suspend, terminate or cancel this Promotion, as appropriate.
  2. This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter, Instagram or TikTok (Social Media Sites) or realestate.com.au. Entrants understand that they are providing their information to Porter Davis Homes and not to any Social Media Sites or realestate.com.au. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this Promotion must be directed to Porter Davis Homes and no Social Media Site nor realestate.com.au will be liable for any loss or damage or personal injury which is suffered or sustained by an entrant, as a result of participating in this Promotion (including taking/use of a prize), except for any liability which cannot be excluded by law.