ULTIMATE TRADIE TRAILER WITH BMS & JAMES HARDIE” 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 Level 17, 60 Castlereagh Street, Sydney NSW 2000 (“Promoter”).
  3. A participating store is any of the following listed stores (each a “Participating Store”):
    • BMS MITRE 10 – 1-3 Carrington Rd TOOWOOMBA, QLD 4350
    • BMS MITRE 10 – 446-456 Stenner Street, TOOWOOMBA, QLD 3400
    • BMS MITRE 10 – 252 Ruthven Street TOOWOOMBA, QLD 4350
  4. Entry is only open to QLD residents aged 18 years and over who have a trade account at a 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 each Participating Store’s trading terms throughout the Promotional Period (define below) and must not have overdue monies owing as at the 30/11/2022 in order to be eligible to claim a prize.
  6. Employees (and their immediate families) of the Promoter, a Participating Store (defined below) 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 01/08/2022 and closes at 5:00PM AEDT on 30/11/2022 (“Promotional Period”).
  8. To be eligible to participate in this promotion and receive automatic entries in accordance with clause 9 below, entrants must, at any time during the Promotional Period, register their details online at www.winwithhardies.com.au/bms. For clarity, the online registration form can be completed at any time during the Promotional Period, regardless of when or if an entrant makes a Qualifying Purchase (as defined below), however failure to complete the online registration form will result in the entrant being ineligible to receive any entries accrued in accordance with clause 9 below.
  9. To receive an automatic entry into the draw, entrants must, during the Promotional Period, spend a minimum of $500 (inclusive of GST) on any James Hardie product/s on their trade account at a Participating Store (“Qualifying Purchase”). For every $500 (inclusive of GST) spent on James Hardie product/s, entrants will receive one (1) automatic entry into the draw. For example, entrants who spend $500 will receive one (1) automatic entry into the draw, entrants who spend $1,000 will receive two (2) entries into the draw, etc. For clarity, Qualifying Purchases of $499.99 and below will not be eligible to receive any entries. Entries are rounded down to the nearest $500 (for example, Entrants who make a Qualifying Purchase between $500 to $999.99 will be eligible to receive one (1) entry in total).

    Entrants will receive two (2) automatic entries for every $500 (inclusive of GST) spent on Hardie Fine Texture Cladding product/s on their trade account at a Participating Store during the Promotional Period. For example, entrants who spend $500 on Hardie Fine Texture Cladding product/s will receive two (2) automatic entries, entrants who spend $1,000 will receive two (4) entries into the draw, etc. For clarity, spends on Hardie Fine Texture Cladding product/s of $499.99 and below will not be eligible to receive any entries. Entries are rounded down to the nearest $500 (for example, Entrants who spend between $500 to $999.99 on Hardie Fine Texture Cladding product/s will be eligible to receive two (2) entries in total).

    For clarity, spends of $500 or above on Hardie Fine Texture Cladding product/s and other James Hardie product/s will result in entries being tallied in accordance with the above. For example, if a total spend of $1,500 is made and $1,000 was spent on Hardie Fine Texture Cladding product/s and $500 was spent on other James Hardie product/s, the entrant will receive a total of five (5) automatic entries (made up of four (4) entries from the spend on Hardie Fine Texture Cladding product/s and one (1) entry from the spend on the other James Hardie product/s).

  10. Incomplete transactions/orders will be deemed invalid.
  11. Entrants must retain a copy of their purchase receipt(s) as proof of purchase from a 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 a Participating Store during the Promotional Period but prior to entry.
  12. 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.
  13. If, during the Promotional Period, and until the prize is awarded, any participating James Hardie product 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, 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).
  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 draw will take place at Anisimoff Legal, Suite 5, Erina Plaza, 210 Central Coast Highway, Erina NSW 2250 Australia at 11:00am AEDT on 06/12/22 in the presence of an independent scrutineer. 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 by telephone and email and their name will be published online at www.winwithhardies.com.au/bms from 13/12/22.
  16. The first valid entry drawn will win a 2022 TrailerTech Spec III Ultimate Tradie Pack Builders Trailer (in Gloss White) with GPS tracking, marine carpet and ARK XO Jockey wheels, valued at $25,137.99, inclusive of 12 months registration, compulsory third party insurance, stamp duty and dealer delivery charges.
  17. Additional insurance, options and all other ancillary costs are the winner’s responsibility.
  18. 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.
  19. It is a condition of accepting the prize that a winner may be required to sign a legal release in a form to be determined by the Promoter in its discretion.
  20. The Promoter’s decision is final and no correspondence will be entered into.
  21. If for any reason a Prize Recipient 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.
  22. 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.
  23. The total prize pool is AU$25,137.99. Prize is not exchangeable and cannot be taken as cash, unless otherwise stated.
  24. A draw for any unclaimed prizes may take place on 09/01/2023 at the same time and place as the original draw, subject to any directions from a regulatory authority. Winner, if any, will be notified by telephone and email and their name will be published at www.winwithhardies.com.au/bms from 13/01/2023.
  25. 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.
  26. 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.
  27. 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 Queensland (“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.
  28. 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 a prize.
  29. 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.