Ballot Terms & Conditions

Last updated:
August 4, 2023

Entry into a Nightingale Ballot

As part of entering into the Ballot, you will need to read and agree to this Personal Information Collection Statement in addition to the general Nightingale Privacy Policy. This Personal Information Collection Statement relates to the collection of personal information in relation to the Ballot.

The Ballot is operated by Nightingale Housing ACN 649 301 011. We collect and use personal information about you to engage with you in relation to the Ballot. We may also use your personal information for related purposes including to request your feedback on the products and services provided by us.

Wherever possible we will collect personal information directly from you including information that you directly supply when submitting your Ballot Form. Such information collected includes your name, phone number, email address, street address and points of identification as evidence of your eligibility to enter into the Ballot. If you do not provide all the personal information requested, you will not be eligible to enter into the Ballot.

You agree to us using your personal information in relation to the Ballot. If you no longer wish to receive information from us, you may advise us of your wish. Our Privacy Policy contains information about how you may send your request or queries to us. If you have any queries about privacy, please contact info@nightingalehousing.org

Nightingale Ballots

Each Nightingale project ("Development") has its own dedicated Nightingale Ballot ("Ballot"). Ballots are subject to the following terms and conditions:

Ballots are conducted by Nightingale Housing.

Terms and Conditions of entry

By completing and submitting the Ballot Form for a Development by the deadline stated on that Ballot Form, the entrant accepts these Terms and Conditions of entry.

Who can enter?

Entry to the Ballot is open to all persons over the age of 18 who registered their details with Nightingale Housing. Eligible Entrants who also meet any of the following criteria ("Priority Criteria") will be eligible for the Priority Allocation (as defined in Nightingale Housing Priority Ballot Policy). Any Eligible Entrant who, in the opinion of Nightingale, tampers or interferes with the entry mechanism in any way, or who does not properly comply with the entry process will be ineligible to be allocated an apartment.

The Ballot is governed by the laws of the state of Victoria, Australia.

How to enter

Entrants must complete an entry using the digital Ballot Form made available from the Development webpage. Entrants must number each apartment in order of their preference to receive an offer to reserve an apartment at the Development ("Offer"). Entries are limited to one per person ("Individual") or one per household.

Dates of Ballot

Please refer to the Resident Information Package for the Ballot Open, Ballot Close and Ballot Drawn Date. All times will be in Australian Eastern Standard Time.

Pre-allocation

Up to 10% of apartments will be preallocated to the project team. The project team includes Nightingale Housing staff, project architect staff and Nightingale Housing collaborators directly involved with the project. By experiencing a project first hand, we believe our team are better able to continuously improve upon the delivery of Nightingale projects.

Up to 20% of apartments will be pre-allocated to Community Housing Providers ("CHP"). All residents allocated via a CHP stream will have access to support services and will be Nightingale Housing values aligned.

Offer

The Offer consists of an opportunity to reserve the right to enter into a contract of sale for 1 (one) of the available apartments in the Development. Each Offer will be eligible to reserve the right in respect of the Entrant’s highest preference for an apartment that has not been subject to an earlier Offer. The Offer is non-transferable, non-exchangeable and not redeemable for cash.

Draw

The Offer will be drawn in 2 (two) separate draws: The first draw ("Priority Allocation") will be drawn first from the pool of Priority Entrants to allocate up to 20% of the apartments in the Development. The second draw will be an open draw and drawn after either all Priority Entrants have been allocated an apartment or the Priority Allocation has been exhausted. Once exhausted, all Eligible Entrants (including any remaining Priority Entrants) will go into a draw for an Offer on the remaining available apartments. All entries have a random and equal chance of being drawn for an Offer. The Draw will take place at 9 am AEST on the Ballot Drawn Date at 6 Florence St, Brunswick Melbourne VIC 3056.

Contacting successful entrants

Successful Entrants will be notified by phone on the Ballot Drawn Date. Further instructions will be sent to successful Entrants via email to arrange the reservation of an apartment at the Development. The successful Entrant has 5 (five) business days from the Ballot Drawn Date to accept the Offer, sign and return the balloting commitment fee agreement and process payment of the balloting commitment fee to the nominated Trust account, rendering the apartment reserved. Failure to reserve an apartment in time means the successful Entrant will be deemed to have forfeited the Offer and Nightingale Housing may give the opportunity to reserve an apartment at the Development to another party at Nightingale Housing’s discretion.

How to reserve an apartment

Apartments at the Development can only be reserved by entering into a commitment agreement with Nightingale Housing ACN 649 301 011 and paying a balloting commitment fee of AUD $10,000.00 to be held in Trust. Commitment agreements will be issued at the time you have arranged to reserve an apartment. Priority Entrants are required to demonstrate and provide evidence on how they meet the Priority Criteria, as stipulated in the Nightingale Housing priority ballot policy. This evidence must be provided via email prior to the Ballot Drawn Date.

Personal information

An individual’s personal information cannot be disclosed without the individual’s consent. Personal information will be handled according to the Personal Information Collection Statement on the Ballot Form and Nightingale’s Privacy Policy which can be viewed online at https://nightingalehousing.org/privacy-policy.

Nightingale’s rights reserved

Nightingale reserves the right to exercise its absolute discretion in excluding entries.

General

Nightingale accepts no responsibility for any tax liabilities that may arise from an Eligible Entrant being allocated an Offer. To the extent permitted by law, Nightingale shall not be liable for any loss or damage whatsoever (including but not limited to direct, indirect, special or consequential loss or damage, loss revenue or profit) or personal injury suffered or sustained in connection with the Ballot or accepting an Offer. If, for any reason whatsoever, the Ballot is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failure or any other cause beyond the control of Nightingale which corrupt or affect the administration, security, fairness or integrity or proper conduct of the Ballot, Nightingale reserves its right in its sole discretion to take any action that may be available, subject to State and Territory regulations.

Contact us

If you have any queries, comments or complaints in relation to any of the above policies, terms or conditions please contact us here.

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