1. These terms and conditions apply to the “$5k Deposit & Boost” promotion (“Promotion”) offered by Echuca McMahon Pty Ltd ACN 656 217 828 (“Promoter”) on behalf of Barry McMahon Nominees Pty Ltd ACN 005 155 662 and Warrnambool 250W Pty Ltd ACN 656 223 442 (“Vendor”).
2. The Promotion commences at 9.00am on 1 May 2026 and ends at 5.00pm 31 July 2026, or such earlier or later time as the Promoter determines in its absolute discretion (“Promotion Period”). The Promoter may (without any obligation to do so) extend the Promotion Period in its absolute discretion.
3. Under the Promotion, subject to these terms and conditions, an Eligible Purchaser will be eligible to a contribution of $15,000.00 (inclusive of GST, if any) (“Contribution Amount”) payable under the Qualifying Contract for an Eligible Lot.
4. By participating in the Promotion, Eligible Purchasers agree to be bound by these terms and conditions.
5. The Promotion applies to residential lots in stages 1 and 2 at McMahon’s Place, 8759 Northern Highway, Echuca which are unsold and available for sale during the Promotion Period, as determined by the Promoter from time to time (“Eligible Lots”). Prices and availability of Eligible Lots are subject to change at any time.
6. An “Eligible Purchaser” is a natural person who:
(a) is over the age of 18 years and is not a company, registered builder, superannuation fund or person acting as agent on behalf of another person (or persons);
(b) has not been referred to the Promoter by any referring channel agent; and
(c) is not already registered on the Promoter’s (or any related entity’s) existing database including for the Estate, nor otherwise engaged in negotiations or discussions for the purchase of an Eligible Lot.
7. The Contribution Amount is only available where the Eligible Purchaser:
(a) exchanges an unconditional contract of sale (or a contract of sale which is only conditional on registration of any plan of subdivision to create that Eligible Lot) with the Vendor for the purchase of an Eligible Lot during the Promotion Period (“Qualifying Contract”);
(b) does not exercise any right to terminate the Qualifying Contract pursuant to section 31 of the Sale of Land Act 1962 (Vic) within the applicable period prescribed by that provision;
(c) pays the balance of the deposit payable under that Qualifying Contract on the due date; and
(d) complies with the terms of the Qualifying Contract without default, and settles the Qualifying Contract on the due date for settlement under the Qualifying Contract.
8. Without limiting clauses 6 and 7, the Eligible Purchaser is not eligible to receive the Contribution Amount where settlement of the Qualifying Contract does not occur by the date prescribed in the Qualifying Contract due to the default of the Eligible Purchaser.
9. Eligibility for the Contribution Amount is personal to the Eligible Purchaser, and cannot be transferred, assigned or exchanged, and will not be available if the Eligible Purchaser nominates another person as an additional or substitute transferee under the Qualifying Contract regardless of whether that person meets the Eligibility Requirements.
10. Where an Eligible Purchaser is not, or is no longer, eligible for the Contribution Amount after entering the Qualifying Contract, clause 13 will apply.
11. The Promoter reserves the right, in its absolute discretion, to determine whether an Eligible Purchaser satisfies the eligibility requirements pursuant to clauses 5 to 10 (“Eligibility Requirements”). If the Promoter determines the Eligibility Requirements are not satisfied, the Promoter is under no obligation to provide any reasons for that determination.
12. Subject to the Eligible Purchaser satisfying, and continuing to satisfy, the Eligibility Requirements:
(a) the Promoter will pay the Contribution Amount to the Vendor’s lawyers to be held on trust for the Promoter; and
(b) subject to clause 13, applied against the price payable by the Eligible Purchaser.
13. If:
(a) the Qualifying Contract is terminated on any basis (including a default by the vendor);
(b) the Eligible Purchaser does not satisfy the Eligibility Conditions,
the Contribution Amount (to the extend paid by the Promoter) shall be released from trust and paid to the Promoter (or as the Promoter directs), and the Eligible Purchaser will have no entitlement or claim to the Contribution Amount.
14. Without limiting clause 13, if for any reason:
(a) the Contribution Amount is not payable by the Promoter; or
(b) the Eligible Purchaser is not entitled to have the Contribution Amount applied against the balance of the price,
then:
(c) the Qualifying Contract is taken to be immediately varied so that the deposit is increased by an amount equal to the Contribution Amount (“Outstanding Deposit Amount”); and
(d) the Outstanding Deposit Amount immediately becomes due and payable by the Eligible Purchaser to the Vendor as part of the deposit under the Qualifying Contract and forms part of the deposit for all purposes, and the Eligible Purchaser must pay the Outstanding Deposit Amount to the Vendor on demand (time being of the essence).
The Eligible Purchaser shall execute such documents as may be required by the Vendor to confirm amendment of the Qualifying Contract on that basis and irrevocably appoints the Vendor as the Purchaser’s attorney for the purposes of executing any such documents (but, for the avoidance of doubt, the Qualifying Contract shall be immediately varied accordingly even if the Eligible Purchaser fails or refuses to do so).
15. The Contribution Amount does not form part of the deposit under the Qualifying Contract, or “deposit moneys” as that term is used in the Sale of Land Act 1962 (Vic).
16. The Promoter may require the Eligible Purchaser to execute a deed or acknowledgment on terms required by the Developer confirming that the Contribution Amount is not part of the deposit and is only payable in accordance with these terms and the Qualifying Contract.
17. This Promotion does not constitute an offer of finance, credit or financial accommodation. The Promoter does not provide financial advice and makes no representation as to an Eligible Purchaser’s eligibility for finance or lending approval.
18. The Promoter accepts no responsibility for, and will not be liable for, payment of any stamp duty, tax or other costs, disbursements or outgoings for which the Eligible Purchaser is liable in connection with its purchase of the Eligible Lot.
19. Eligible Purchasers must make their own enquiries and are responsible for obtaining their own independent financial, taxation and legal advice in relation to the Qualifying Contract and this Promotion.
20. This Promotion cannot be used in conjunction with any other program, promotion, offer or campaign promoted by the Promoter.
21. Any dispute regarding eligibility or application of the Contribution Amount will be determined by the Promoter in its absolute discretion. The Promoter’s decision will be final and binding.
22. The sale of an Eligible Lot will be subject to the conditions of the Qualifying Contract. To the extent of any inconsistency between these terms and conditions and the Qualifying Contract, the terms of the Qualifying Contract prevails.
23. To the full extent permissible by law, the Promoter (including the Promoter’s related entities, employees, contractors, agents and servants) and the Vendor are not liable to any Eligible Purchaser for any direct, indirect, consequential, exemplary, incidental, special or punitive damages arising out of or in connection with the Eligible Purchaser’s participation in this Promotion.
24. Failure by the Promoter or Vendor to enforce any of its rights under these terms and conditions or a Qualifying Contract does not constitute a waiver of those rights.
25. The Promoter reserves the right to vary the terms of, or cancel, the Promotion at any time without notice.
26. These terms and conditions are governed by the laws of Victoria.
27. The Promoter will collect and use each Eligible Purchaser’s personal information for the purposes of:
(a) conducting the Promotion (which may include disclosure to third parties for the purpose of processing and conducting the Promotion) and for promotional purposes, public statements and advertisements in relation to the Promotion;
(b) providing information to the Eligible Purchaser about the products and services offered by the Promoter and its related companies; and
(c) research to improve its products and services.
28. By participating in the Promotion, the Eligible Purchaser consent to the use of their personal information as described in clause 27.
29. Any personal data relating to the Eligible Purchaser will be used solely in accordance with current Australian data protection and privacy legislation, and in accordance with the Promoter’s privacy policy available at https://www.mcmahonsplace.com.au/privacy-policy/.
30. Eligible Purchaser may access, change, opt out and/or update their personal information in accordance with the Promoter’s privacy policy.