1. These terms and conditions apply to the Builder Referral Program (“Program”) offered by Echuca McMahon Pty Ltd ACN 656 217 828 (“Promoter”).
2. The Program commences at 9.00am on 6 November 2024 and ends at 5.00pm 31 October 2025 or such earlier time as the Promoter determines in its absolute discretion (“Program Period”).
3. Under the Program, subject to these terms and conditions, the Promoter will pay the Incentive to a Referring Party for Eligible Sales achieved during each Campaign Quarter of the Program Period.
4. By participating in the Program, the Referring Parties and Eligible Purchasers agree to be bound by these terms and conditions. Referring Parties and Eligible Purchasers must comply with these terms and conditions to participate in the Program.
5. A Referring Party will be eligible for the Incentive subject to and in accordance with these terms and conditions.
6. The Program applies to residential lots at McMahon’s Place, 8759 Northern Highway, Echuca which are selected from time to time by the Promoter’s estate manager, Oliver Hume (“Estate Manager”), to be included in the Program (“Eligible Lots”). The Promoter or Estate Manager can increase or reduce the number of Eligible Lots at any time at their absolute discretion.
7. A “Referring Party” is a person who:
(a) is either a registered and licenced builder within Victoria (“Registered Builder”), or the agent, representative or employee of a Registered Builder with authority from the Registered Builder to participate in the Program in their own right; and
(b) introduces an Eligible Purchaser to the Promoter by completing in full and signing the “Builder Referral Form” (“Referral Form”) and providing it to the Promoter’s estate manager, Oliver Hume (“Estate Manager”).
For the purposes of clause (a), to the extent that an agent, representative or employee of a Registered Builder is eligible to receive the Incentive, the Registered Builder shall not be eligible to receive the Incentive and vice versa.
8. An “Eligible Purchaser” is:
(a) a natural person 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) referred to the Promoter or the Eligible Lot by a Referring Party during the Program Period, and not by any referring channel agent; and
(c) not already registered on the existing database for McMahon’s Place, Echuca nor otherwise engaged in negotiations or discussions for the purchase of an Eligible Lot.
A Referring Party cannot refer themselves as an Eligible Purchaser.
9. The Program is only available where a Referring Party introduces an Eligible Purchaser who:
(a) exchanges an unconditional contract of sale for the purchase of an Eligible Lot during the Program Period (“Qualifying Contract”);
(b) complies with the terms of the Qualifying Contract without default; and
(c) settles the Qualifying Contract on the due date for settlement under the Qualifying Contract,
(“Eligible Sale”).
10. Without limiting clause 9., the Referring Party will not be eligible to receive the Incentive 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, or where the Eligible Purchaser does not proceed to settlement and nominates an alternative transferee to take title at settlement.
11. The Referring Party warrants to the Promoter that it will disclose (in writing) to the Eligible Purchaser, prior to an Eligible Lot being reserved for the Eligible Purchaser or the Eligible Purchaser entering into a Qualifying Contract, that the Referring Party may receive a payment from the Promoter pursuant to these terms and conditions. The Referring Party must provide the Promoter evidence of such disclosure immediately upon request, and failure by the Referring Party to disclose to the Eligible Purchaser will disqualify the Referring Party from receiving the Incentive.
12. The Referral Form must be received prior to the Eligible Purchaser entering into the Qualifying Contract and accepted by the Promoter, as notified to the Referring Party in writing by the Promoter or a representative of the Promoter’s Estate Manager.
13. Where an Eligible Purchaser is referred by more than one Referring Party, the Promoter (in its absolute discretion) will determine which Referring Party is entitled to qualify for the Incentive.
14. The Promoter reserves the right, at its absolute discretion, not to accept a referral. If a referral is not accepted, the Promoter is not under any obligation to enter into any discussion with a Referring Party or to provide any details as to the reasons why a referral has been declined.
15. Any dispute in relation to the eligibility to participate in the Program or receive the Incentive will be determined by the Promoter in its absolute discretion. The Promoter’s decision will be final and binding on the Referring Party.
16. The “Incentive” is as follows:
(a) subject to clauses (c) and (d), for each Eligible Sale achieved by a Referring Party during any Campaign Quarter of the Program Period, that Referring Party will receive a referral sum of $2,000 (inclusive of GST) per Eligible Sale achieved (“Base Referral Sum”);
(b) the Referring Party who achieves the highest number of Eligible Sales during the Campaign Quarter over a minimum of 3 Eligible Sales (“Winning Referring Party”) will receive a grand prize referral sum of $20,000 (inclusive of GST) (“Grand Prize Referral Sum”), and where there are two or more Winning Referring Parties, the Grand Prize Referral Sum will be shared equally between those Winning Referring Parties;
(c) where the Winning Referring Party achieves 4 or 5 Eligible Sales during the Campaign Quarter, the Winning Referring Party will receive the Grand Prize Referral Sum and no Base Referral Sum; and
(d) where the Winning Referring Party achieves 6 or more Eligible Sales during the Campaign Quarter, the Winning Referring Party will receive the Grand Prize Referral Sum plus a Base Referral Sum for the 6th or more Eligible Sales.
17. By way of example only, where the Winning Referring Party achieves the following number of Eligible Sales, the corresponding Incentive will be as follows:
| Number of Eligible Sales during the Campaign Quarter by the Winning Referring Party | Incentive |
| 4 Eligible Sales | The Grand Prize Referral Sum and no Base Referral Sum, being $20,000 (inclusive of GST) in total. |
| 5 Eligible Sales | The Grand Prize Referral Sum and no Base Referral Sum, being $20,000 (inclusive of GST) in total. |
| 6 Eligible Sales | The Grand Prize Referral Sum plus the Base Referral Sum for the 6th Eligible Sales, being $22,000 (inclusive of GST) in total. |
| 7 Eligible Sales | The Grand Prize Referral Sum plus the Base Referral Sum for the 6th and 7th Eligible Sales, being $24,000 (inclusive of GST) in total. |
| 8 Eligible Sales | The Grand Prize Referral Sum plus the Base Referral Sum for the 6th, 7th and 8th Eligible Sales, being $26,000 (inclusive of GST) in total. |
The table of examples is for illustrative purposes only, and assumes there is only one Referring Party with the highest number of Eligible Sales.
18. The “Campaign Quarters” of the Program Period are as follows:
(a) Campaign Quarter 1 – 6 November 2024 to 31 January 2025 (dates inclusive);
(b) Campaign Quarter 2 – 1 February 2025 to 30 April 2025 (dates inclusive);
(c) Campaign Quarter 3 – 1 May 2025 to 31 July 2025 (dates inclusive); and
(d) Campaign Quarter 4 – 1 August 2025 to 31 October 2025 (dates inclusive),
subject to any earlier ending of the Program by the Promoter (in its absolute discretion).
19. Where the Promoter’s payment of the Incentive to the Referring Party constitutes a taxable supply under A New Tax System (Goods and Services Tax) Act 1999 (Cth) (“GST Act”), the Referring Party must issue a valid tax invoice in accordance with the GST Act before the Promoter pays the Incentive.
20. Subject to satisfaction of these terms and conditions, the Promoter will pay by electronic funds transfer the Incentive to the relevant Referring Party’s nominated bank account within 30 days after the later of:
(a) settlement of the Qualifying Contract by the Eligible Purchaser; and
(b) the date on which the Referring Party provides its bank account details (in writing and verbally confirmed by the Referring Party) to the Promoter.
21. Before the Incentive is paid to a Referring Party, the Promoter may require the Referring Party to sign an agreement (on terms acceptable to the Promoter) to release the Promoter from and indemnify the Promoter against any liability arising from or in connection with the Program.
22. The Incentive is personal to the Referring Party and cannot be transferred. The Incentive will not be deducted from the purchase price under the Eligible Purchaser’s Qualifying Contract.
23. All taxes which may be payable as a consequence of the Referring Party receiving the Incentive are the sole responsibility of the Referring Party.
24. The Incentive is payable only once in respect of each Eligible Sale, irrespective of the number of Eligible Purchasers entering into the Qualifying Contract for that Eligible Sale.
25. The Eligible Purchaser must disclose the contents of this Program to any lending institution providing finance to the Eligible Purchaser for the purchase of the Eligible Lot.
26. Any dispute in relation to the calculation of the Incentive will be determined by the Promoter in its absolute discretion. The Promoter’s decision will be final and binding on the Referring Party.
27. This Program cannot be used in conjunction with any other Program, offer or campaign promoted by the Promoter (other than to the extent that a Program, incentive or benefit is referred to in the Qualifying Contract).
28. It is the responsibility of each Referring Party to notify the Promoter of any change to their contact details from those set out in the Referral Form.
29. 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.
30. To the full extent permissible by law, the Promoter (including the Promoter’s related entities, employees, contractors, agents and servants) is 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 Referring Party’s and Eligible Purchaser’s participation in this Program.
31. Failure by the Promoter to enforce any of its rights under these terms and conditions or a Qualifying Contract does not constitute a waiver of those rights.
32. The Promoter reserves the right to vary the terms of, or cancel, the Program at any time without notice.
33. These terms and conditions are governed by the laws of Victoria.
Privacy Collection Statement
34. The Promoter will collect and use each Referring Party’s and Eligible Purchaser’s personal information for the purposes of:
(a) conducting the Program (which may include disclosure to third parties for the purpose of processing and conducting the Program) and for promotional purposes, public statements and advertisements in relation to the Program;
(b) providing information to the Referring Participant about the products and services offered by the Promoter and its related companies; and
(c) research to improve its products and services.
35. By participating in the Program, the Referring Party and Eligible Purchaser consent to the use of their personal information as described in clause 34..
36. Any personal data relating to the Referring Party or 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/.
37. Referring Parties may access, change, opt out and/or update their personal information in accordance with the Promoter’s privacy policy.