“ATS NEW YEAR” PROMOTION

TERMS AND CONDITIONS
  1. Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
  2. The Promoter is James Hardie Australia Pty Ltd (ABN 12084 635 558) of 10 Colquhoun Street, Rosehill NSW 2142, telephone: 13 11 03.
  3. Entry is only open to NSW, VIC and QLD residents aged 18 years or older who hold an ATS trade account (“Eligible Entrant”).
  4. Employees (and their immediate families) of the Promoter, Participating Stores and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
  5. Entries into the promotion open on 11/01/2021 and close at 5pm AEST on 30/04/2021 (“Promotional Period”).
  6. To enter and receive an automatic entry into a draw, Eligible Entrants must complete the following steps during the Promotional Period:
    1. spend at least $5,000 (ex GST) (either in a single transaction or over multiple transactions) on ATS products at a Participating Store and quote their ATS trade account number at the time of making their transaction (“Qualifying Transaction”). The Qualifying Transaction must include a minimum of $500 on James Hardie products to be deemed a valid entry; and
    2. Register their details at www.winwithhardies.com.au/atstimber. For clarity, the online registration form can be completed at any time during the Promotional Period regardless of when or if an Eligible Entrant makes a Qualifying Transaction (defined below), however if a registration form is not completed, an Eligible Entrant will not be entitled to receive any entries.
  7. The total spend in a Qualifying Transaction by an Eligible Entrant during the Promotional Period will determine which draw they are entered into:
    1. A total spend in a Qualifying Transaction of more than $5,000 (ex GST) and less than $25,001 (ex GST) will receive an automatic entry into the Tier 2 Draw; and
    2. A total spend in a Qualifying Transaction of more than $25,001 (ex GST) will receive an automatic entry into the Tier 1 Draw.
  8. One (1) bonus entry will be awarded for every $500 (ex GST) spend on Easytex products in a Qualifying Transaction.
  9. The following ATS stores are deemed a “Participating Store” for this promotion:

    VIC
    – Lower Dandenong Road, Braeside, VIC 3195

    NSW
    – 157 Briens Road, Northmead, NSW 2152
    – 17 Longfield Street, Lansvale, NSW 2166
    – Warehouse 4B/400 Moorebank Avenue, Moorebank, NSW 2170

    QLD
    – Unit 3/153, Rossmanns Rd, Stapylton QLD 4207

  10. Multiple entries permitted, subject to one (1) entry permitted for each $500 increment spend on James Hardie products in a Qualifying Transaction during the Promotional Period. For example, an Eligible Entrant will receive one (1) entry for spending between $500-$999.99 (in accordance with clause 6), two (2) entries for spending between $1000-$1499.99 (in accordance with clause 6), three (3) entries for spending between $1500-$1999.99 (in accordance with clause 6), etc. The maximum number of entries in total per Eligible Entrant is not capped.
  11. Entrants must retain a copy of their purchase receipt(s) for all entries as proof of purchase. Failure to produce the proof of purchase for all entries when requested may, in the absolute discretion of the Promoter, result in invalidation of ALL of an entrant’s entries and forfeiture of any right to a prize. Purchase receipt(s) must clearly specify the store of purchase and that the purchase was made during the Promotional Period but prior to entry.
  12. Eligible Entrants must not have an overdue balance owing on their ATS trade account as at 07/05/2021 in order to be eligible to claim the prize, if drawn as a winner.
  13. The Promoter 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, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter’s discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
  14. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
  15. The Promoter’s decision is final and no correspondence will be entered into.
  16. Entries will be divided into Tier 1 Draw and Tier 2 Draw (two (2) groups) determined by the Qualifying Transaction made. There will be one (1) draw conducted for each Tier 1 Draw and Tier 2 Draw for a total of two (2) draws. The draws will take place at 11am AEST on 14/05/2021 at Anisimoff (Central Coast), Suite 5/210 Central Coast Hwy, Erina NSW 2250, in the presence of an independent scrutineer. The Promoter may draw additional reserve entries and record them in order in case an invalid entry is drawn. The winners will be notified in writing and by telephone within two (2) business days of the draw and the name of the winners will be published online at www.winwithhardies.com.au/atstimber from 19/05/2021.
  17. The first valid entry drawn in Tier 1 Draw will be awarded the choice to win a:

    – Yamaha YFM700R ATV, valued at $14,149 plus a $1,000 Excite Motorsports store voucher; OR
    – Yamaha VX Deluxe Waverunner 2021, valued at $18,500.

    Includes warranty and interstate delivery outside NSW (if applicable with temporary registration that will need to be transferred to winner’s state). Includes stamp duty and registration (NSW Eligible Entrants only). Insurance, options, petrol and all other ancillary costs are the responsibility of the winner.

  18. The first valid entry drawn in Tier 2 Draw will be awarded the choice to win a:

    – Husqvarna TS138 Ride on Mower, valued at $3,499; OR
    – Apple MacBook Pro 16” Laptop Computer, valued at $3,799.

    Insurance, options, petrol and all other ancillary costs are the responsibility of the winner. Also includes interstate delivery of the Husqvarna Mower if winner is located outside of NSW.

  19. For clarity the winner of each draw will be eligible to choose and be awarded one (1) of the prizes on offer.
  20. Any ancillary costs associated with redeeming the Excite Motorsports voucher are not included. Any unused balance of the Excite Motorsports voucher will not be awarded as cash. Redemption of the Excite Motorsports voucher is subject to any terms and conditions of the issuer including those specified on the Excite Motorsports voucher.
  21. Subject to the unclaimed prize draw clause, if for any reason a winner does not take a prize by the time stipulated by the Promoter, then the prize will be forfeited.
  22. If any prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
  23. Total prize pool value is up to $22,299.
  24. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
  25. A draw for any unclaimed prizes may take place on 16/08/2021 at the same time and place as the original draw, subject to any directions from a regulatory authority. Winners, if any, will be notified in writing within two (2) business days of the draw and their names will be published online at www.winwithhardies.com.au/atstimber from 19/08/2021.
  26. As a condition of accepting the prize, a winner must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
  27. Entrants consent to the Promoter and ATS Building Products (ABN 48 149 780 343)(“ATS”) using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
  28. 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 the Promoter, including but not limited to pandemic, technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
  29. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
  30. 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, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter and ATS (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.
  31. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter and ATS (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s or ATS’ control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter or ATS) due to any reason beyond the reasonable control of the Promoter or ATS; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of a prize.
  32. Entrants acknowledge and agree that the Promoter may collect their personal information (“PI“) in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI and consenting to the Promoter using this PI for the purposes set out in this clause. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at https://www.jameshardie.com.au/privacy-policy In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. The Promoter will not disclose PI to any entity outside of Australia.
     
    NSW Authority No. TP/00627