PROMOTION TERMS & CONDITIONS
Kahawai Point Developments Ltd
- This promotion is being conducted by Kahawai Point Development Limited (“Promoter”).
- The promotion commences at 9am on 22nd Aug 2019 and ends at either 5pm on 3 Nov 2019 or at the time all of the Eligible Properties are sold, whichever is earlier unless otherwise extended at the sole discretion of the Promoter (“Promotional Period”).
- The promotion applies to the following lots located at the development known as KPDL
172, 171, 216, 24, 26, 27, 28, 29, 30, 31, 32, 33, 34, 72
(each an “Eligible Property”).
- In these terms and conditions, a “Participant” is a New Zealand body corporate, person or persons aged 18 years or over and resident in New Zealand who enter into a binding contract of sale to purchase for an Eligible Property with the Promoter (“Agreement”) during the Promotional Period (“Qualifying Purchase”).
- Subject to complying with the following requirements a Participant will be entitled to a one off $15,000, Inclusive of GST if any, bonus payable via cheque or electronic funds transfer in respect of a Qualifying Purchase (“Bonus”) if the Participant completes all of the following within the timeframes specified (time being of the essence):
(a) settles the Qualifying Purchase on the settlement date set out in the Agreement which must be within 30 working days of the date of the Agreement;
(b) submits to the KPDL Design Review Process its plans for construction of a home at the Eligible Property and receives approval for the plans;
(c) completes the pouring of the slab or equivalent consented foundation approved by the Promoter (“Foundation”) for the base stage of construction of the home at the Eligible Property within 9 months of the date of settlement of the Agreement (“Foundation Date”); and
(d) provides photographic and any other evidence reasonably required by the Promoter, in a form satisfactory to the Promoter in all respects, of the completion of the Foundation by the Foundation Date, within 5 Business Days of the completion of the Foundation.
- If these terms and conditions are not strictly adhered to, including without limitation a Qualifying Purchase fails to settle on or before the settlement date set out in the Agreement
no Bonus will be payable to the Participant.
- Each Participant is only eligible for one Bonus per Eligible Property purchased in accordance with these terms and conditions during the Promotional Period.
- This promotion is not available in conjunction with any other promotion or offer by the Promoter or any of its related bodies corporate.
- The Promoter will pay the Bonus to a Participant eligible for payment of the Bonus (in accordance with these terms and conditions) within 20 Business Days after the eligible Participant provides the Promoter with their preferred bank account details and written notice and evidence, in a form satisfactory to the Promoter in all respects, of compliance with the conditions in paragraph 5, whichever is later.
- The Promoter reserves the right to verify the validity of any Participant’s identity, age, address and eligibility details.
- The name and photo of a Participants may be used by the Promoter for reasonable publicity purposes, including but not limited to media appearances, and each Participant gives their express permission for their names and images to be displayed in conjunction with any marketing or promotional activities conducted by the Promoter.
- The Promoter may collect, use and disclose personal information about a Participant in order to conduct the promotion and to assist in the operation of its business and generally in connection with the Qualifying Purchase. If a Participant chooses not to provide requested personal information that person may not be able to participate in the promotion. The Promoter may collect personal information directly from Participants (unless it is unreasonable or impracticable to do so) and from third parties. The Promoter may disclose a Participant’s personal information to third parties (including related bodies corporate), service providers, contractors and agents who assist the Promoter in the operation of its business. Under the Privacy Act 1993, Participants have the right to access and correct their personal information; any request to access or correct personal information should be directed to the Promoter.
- The Promoter reserves the right to extend or alter this promotion at any time, change by adding or removing lots that can be an Eligible Property (but not a lot already subject to an Agreement) from this Promotion, should the circumstances dictate.
- The Promoter reserves the right, in its sole discretion, to disqualify entry from any person, and prohibit that person’s further participation in the promotion, who in the reasonable opinion of the Promoter tampers with, or benefits from any tampering with, the process or the operation of the promotion, acts in violation of these terms and conditions, acts in a disruptive manner or engages in unlawful or other improper conduct or fails to meet the eligibility criteria for entry in the promotion or receipt of the Bonus. The Promoter’s rights to recover damages or other compensation from such an offender are reserved.
- The Promoter’s decisions are final and no correspondence will be entered into.
- The Promoter accepts no responsibility for any tax implications that may arise from the Bonus. Independent financial advice should be sought. Where the operation of the promotion results in, for GST purposes, supplies being made for non-monetary consideration, the Participant agrees to follow the Inland Revenue Department’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values.
- The Promoter is not liable for any loss, damage or injury suffered (even if caused by negligence) as a result of any Participant accepting and/or using the Bonus (including any loss or damage howsoever arising in connection with any building contract the Participant enters into), except for any liability which cannot be excluded by law.
- The Participant acknowledges and agrees that the Bonus is not transferable or assignable to any other party unless they have written agreement of the Promoter.
- By entering into a Qualifying Purchase, a Participant is deemed to have accepted these terms and conditions.