“JAMES HARDIE – WIN WITH HARDIES – BECKS MITRE 10 – TAS” PROMOTION

TERMS AND CONDITIONS
  1. Information on how to enter and the prize(s) 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 2141, telephone: 131 103 (“Promoter”).
  3. Entry is only open to TAS residents aged 18 years or over who are trade account holders and/or individuals who have an existing Builder Business Agreement in place with the Promoter.
  4. Entrants who enter using a trade account must be within the Promoter’s trading terms throughout the promotional period and must not have overdue monies owing as at the 30 November 2020 in order to be eligible to claim any prize.
  5. 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.
  6. A participating store is any Becks Mitre 10 store at the following locations (each a “Participating Store”):
    • Smithton – Armour Mitre 10, 2 Brittons Road, Smithton, Tasmania 7330, Australia. Ph. 03 6452 2174
    • Latrobe – Wells Latrobe Mitre 10, 110-114 Gilbert Street, Latrobe, Tasmania, 7307, Australia. Ph. 03 6426 2707
    • Becks Mitre 10 Burnie, 46 Main Road, Wivenhoe, Tasmania 7320, Australia. Ph. 03 6431 1688
    • Becks Mitre 10 Deloraine, 31 West Church Street, Deloraine, Tasmania 7304, Australia. Ph. 03 6362 2966
    • Becks Mitre 10 Port Sorrell, 104 Alexander Street, Port Sorrell, Tasmania 7307, Australia. Ph. 04 6428 6811
    • Becks Mitre 10 Scottsdale, 8-10 Ellenor Street, Scottsdale, Tasmania 7260, Australia. Ph. 03 6352 2965
    • Becks Mitre 10 Devonport, 19/25 Don Road, Devonport, Tasmania 7310, Australia. Ph. 04 6424 1961
    • Becks Mitre 10 Launceston, 521 Boland Street, Launceston, Tasmania, 7250, Australia. Ph. 03 6332 6201
    • Becks Mitre 10 Ulverstone, 48 Alexandra Road, Ulverstone, Tasmania 7315, Australia. Ph. 03 6425 1455
  7. Entries into the promotion open on 14 September 2020 and close at 11:59pm AEDST on 14 December 2020 (“Promotional Period”). The Promotional Period will be divided into three (3) minor entry periods (each a “Minor Entry Period”) and one (1) major entry period (“Major Entry Period”). Entries open and close for each Monthly Entry Period and the Major Entry Period on the dates outlined in the table below. There will be one (1) draw conducted for entries received in each Monthly Entry Period (each a “Minor Draw”) and one (1) draw conducted from all entries received during the Promotional Period (“Major Draw”). Draws will take place at 7:30am at Becks Launceston 521 Boland Street, Launceston, Tasmania, 7250 on the dates specified in the table below. For clarity, each draw will include entries from all Participating Stores. Entries in each Minor Draw will NOT be entered into any subsequent minor draws but will be entered into the Major Draw.
    Entry Period/Draw Entries Open Entries close Draw date
    Minor Draw Entry Period 1 9:00am AEST on 14 September 2020 11:59pm AEST on 14 October 2020 18 October 2020
    Minor Draw Entry Period 2 12:00am AEDST on 15 October 2020 11:59pm AEST on 14 November 2020 18 November 2020
    Minor Draw Entry Period 3 12:00am AEDST on 15 November 2020 11:59pm AEDT on 14 December 2020 18 December 2020
    Major Draw 12:00am AEST on 14 September 2020 11:59pm AEDT on 14 December 2020 18 December 2020
  8. To be eligible to enter, entrants must undertake the following steps:
    • spend a minimum accumulative amount of $1,000 incl. GST on any James Hardie product/s at a Participating Store, on their account, during a Minor Entry Period (“Qualifying Purchase”). For removal of doubt, Qualifying Purchases do not need to be in a single transaction but need to be made during a Minor Entry Period to be deemed valid for entry into this promotion; and then
    • Register their details online at www.winwithhardies.com.au/becks before 11:59pm on the close date of the Minor Entry Period in which they made their Qualifying Purchase. Eligible entrants only have to register once during the Promotional Period. For the avoidance of doubt, if an entrant registers their details during the Promotional Period, BUT after the close date/time for the Minor Entry Period in which they made their Qualifying Purchase, they will not be awarded an entry into the Minor Draw associated with that Minor Entry Period, however will be awarded an entry into the Major Draw.
  9. Subject to clause 8 above, entrants will receive one (1) entry for every $1,000 (inclusive of GST) spent on James Hardie™ product/s on their account at a Participating Store during a Minor Entry Period. For example, if an eligible entrant spends $3,000 (inclusive of GST) on James Hardie™ products on their account at a Participating Store during Minor Entry Period 1, the eligible entrant will be awarded three (3) entries into Minor Draw 1. If however an entrant spends $900 (inclusive of GST) on James Hardie™ product/s on their account at a Participating Store during a Minor Entry Period 1 and then $300 (inclusive of GST) on James Hardie™ product/s on their account at a Participating Store during a Minor Entry Period 2, they will not be entitled to an entry in Minor Entry Period 1 or 2 or the Major Draw.
  10. Entrants must retain a copy of their purchase receipt(s) as proof of purchase. Failure to produce the proof of purchase 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.
  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 a prize is awarded, any James Hardie™ product contributing towards a minimum spend in a Qualifying Purchase is returned for a refund or credit, or exchanged for a product or products that are not eligible for entry into this promotion (i.e. non James Hardie™ products) and/or which reduce the value of the 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) or invalidate any claims to a prize awarded or yet to be awarded.
  13. Incomplete orders or transactions will be deemed invalid for an entry.
  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 may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. Winners will be notified by telephone and email within two (2) business days of the draw and their name will be published at www.winwithhardies.com.au/becks at the conclusion of each draw.
  16. The Promoter’s decision is final and no correspondence will be entered into.
  17. The first valid entry drawn from each Minor Draw will each win a $1,000 Federal Group Gift Card. Any ancillary costs associated with redeeming the Federal Group Gift Card are not included. Any unused balance of the Federal Group Gift Card will not be awarded as cash. Redemption of the Federal Group Gift Card is subject to any terms and conditions of the issuer including those specified on the Federal Group Gift Card.
  18. The first valid entry drawn from the Major Draw will win a 2020 Yamaha Waverunner VX Deluxe Prize Package. Prize includes:
    • 2020 Yamaha Waverunner VX with registration label and Safe Operation Sticker;
    • Safety gear including Yamaha neoprene PFDs, Yamaha waterproof gear bag, fire extinguisher and flares; and
    • Jet ski trailer with Yamaha ski tie down straps.

    Total prize value is up to AU$19,850 including Marine and Safety Tasmania (MAST) registration of the jet ski and trailer. The Promoter will not be responsible for additional options and ancillary costs, including (but not limited to) petrol, modifications, insurance, transport, body, paint or mechanical damage, or any other costs or damages. The Promoter may, in its absolute discretion, accommodate the winner’s colour preference, subject to availability. The winner is responsible for organising insurance before collecting the prize. The winner must collect the prize from Becks Launceston 521 Boland Street, Launceston, Tasmania, 7250.

  19. If the winner is, through any legal incapacity or otherwise, unable to register the jet ski or trailer in their own name, then the winner may assign the jet ski or 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 winner and the assignee. The winner must provide the Promoter with certified copies of all required documentation as required by the Promoter before the jet ski or trailer is awarded. It is a condition of accepting the prize that the winner may be required to sign a legal release in a form to be determined by the Promoter in its discretion.
  20. In the event that the winner of a prize is a trade account holder, the prize will be awarded to the registered owner of the trade account who may, in their absolute discretion, allocate the prize to any employee (aged 18 years or over) of the business associated with the trade account (“Prize Recipient”). The registered owner of the trade account must notify the Promoter of that transfer (in writing) at least ten (10) business days prior to the date as stipulated the Promoter that they are required to take the prize and must not issue the prize without the Promoter’s approval. Approval of the transfer is at the Promoter’s sole discretion. If approved, the Prize Recipient agrees to abide by these Terms and Conditions as a condition of accepting a prize.
  21. In the event of war, terrorism, state of emergency, pandemic or any other kind of disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion or suspend, substitute or modify a prize, subject to any written directions from a relevant regulatory authority.
  22. If for any reason a winner does not take/redeem a prize (or an element of the prize) at/by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
  23. If any prize (or part of any 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.
  24. Total prize pool value is up to $22,850.
  25. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
  26. 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.
  27. 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.
  28. 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 (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.
  29. 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 or entrant; or (f) use/taking of a prize.
  30. 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 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.