“WIN WITH HARDIES BARWON TIMBER” PROMOTION

TERMS AND CONDITIONS
  1. Information on how to enter and the prize 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 12 084 635 558) of 10 Colquhoun Street, Rosehill NSW 2142, telephone: 131 103 (“Promoter”).
  3. This promotion will be conducted at BARWON TIMBER – 50 Fellmongers Road, Breakwater VIC 3219 (“Participating Store”).
  4. Entry is only open to VIC residents aged 18 years or over who have a trade account at the Participating Store. Individuals who have an existing Builder Business Agreement in place with the Promoter are ineligible to enter.
  5. Entrants must be trading in accordance with the Participating Store’s trading terms throughout the Promotional Period and must not have overdue monies owing as at the 01/10/2022 in order to be eligible to claim any prize.
  6. Employees (and their immediate families) of the Promoter, Participating Store 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.
  7. The promotion commences on 06/05/2022 and closes at 5:00PM AEST on 30/09/2022 (“Promotional Period”).
  8. To receive an automatic entry into the draw, individuals must, during the Promotional Period, spend a minimum of $500 (inclusive of GST) on any James Hardie™ product/s on their trade account at the Participating Store (“Qualifying Purchase”). Entrants will receive one (1) automatic entry for every $500 (inclusive of GST) spent on James Hardie™ product/s on their trade account at the Participating Store during the Promotional Period. For example, if an eligible entrant spends $1,500 (inclusive of GST) on James Hardie™ products on their trade account at the Participating Store during the Promotional Period, the eligible entrant will be awarded three (3) entries into the draw. For clarity, the required spend amount does not have to be in a single transaction/order and can be made up of multiple transactions/orders at the Participating Store over the Promotional Period.
  9. Incomplete transactions/orders will be deemed invalid.
  10. Entrants must retain a copy of their purchase receipt(s) as proof of purchase from the Participating Store. 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 at the Participating Store during the Promotional Period but prior to entry.
  11. 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.
  12. If, during the Promotional Period, and until the prize is awarded, any James Hardie™ products contributing towards a minimum spend in a Qualifying Purchase are returned for a refund or credit, or exchanged for a product or products that are not eligible for entry into this promotion (i.e. not James Hardie™ products), and/or which reduce the value of relevant Qualifying Purchase to below the minimum spend requirement, the Promoter reserves the right in its absolute discretion to invalidate any entries awarded in respect of that Qualifying Purchase (or reduce the number of entries awarded accordingly).
  13. 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.
  14. There will be one (1) major prize draw. The draw will take place at Anisimoff Legal, Suite 5 Erina Plaza, 210 Central Coast Highway Erina NSW 2250 on 04/10/2022 at 11:00AM AEST. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. The winner will be notified via telephone and emailed within two (2) business days of the draw and their name will be published at http://www.winwithhardies.com.au/barwontimber from 05/10/2022.
  15. The first valid entry drawn will win a Stacer 429 Sea Master Package, valued at AU$30,000 and consisting of:
    • 1 x Stacer 429 Sea Master;
    • 1 x Bow Spirit 50 ELPT EFI 4-Stroke Mercury Motor;
    • 1 x Hook Reveal 7x Triple Shot Telwater 13” Braked Trailer;
    • 1 x 13” Spare Wheel & Carr;
    • 1 x Twelve (12) month Boat and Trailer Registration;
    • 1 x Anchor Kit Sand 6LB 50 x 8MM Rope;
    • 1 x Inshore Safety Pack (no flares);
    • 1 x Flare Kit Inshore (2 red/2 orange);
    • 1 x Smartcraft Engine Kit;
    • 1 x M24 Marine Battery;
    • 1 x Pre-delivery Inspection and Clean Up;
    • 1 x Alloy Unpainted Cutting Board; and
    • 1 x Small Burley Bucket.
  16. Prize will be awarded to the registered owner of the trade account who may, in his/her absolute discretion, allocate the prize to any employee (aged 18 years or over) of the business associated with the trade account (the “Prize Recipient”). The Prize Recipient agrees to abide by these Terms and Conditions as a condition of accepting the prize. Any insurance, options, petrol and all other ancillary or ongoing costs associated with the prize will be the responsibility of the Prize Taker. The winner or Prize Taker must collect the prize from the location specified by the Promoter. If the Prize Taker is, through any legal incapacity or otherwise, unable to register the boat and trailer in their own name, then the Prize Taker may assign the boat and trailer to another person (who consents to such assignment) with legal capacity for the purpose of registration. The Promoter takes no responsibility for any such arrangements between the Prize Taker and the assignee. The Prize Taker must provide the Promoter with certified copies of all required documentation as required by the Promoter before the prize is awarded.
  17. The Promoter’s decision is final and no correspondence will be entered into.
  18. If for any reason the winner does not take the prize (or an element of the prize) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
  19. If the prize (or part of the prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
  20. The total prize pool is AU$30,000. The prize, or any unused portion of a prize, is not transferable or exchangeable and cannot be taken as cash.
  21. Entrants consent to the Promoter 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.
  22. 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 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.
  23. 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 Victoria (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (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.
  24. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (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 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) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner, Prize Recipient or entrant; or (f) use of the prize.
  25. The Promoter collects 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. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at http://www.jameshardie.com.au/privacy/. 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.