“JAMES HARDIE – WIN WITH HARDIES – CLENNETT’S MITRE 10” 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. For removal of doubt, trade account holders and individuals who have an existing Builder Business Agreement in place with the Promoter are also eligible to enter.
  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 Clennett’s Mitre 10 store at the following locations (each a “Participating Store”):
    • Glenorchy – 56 Sunderland Street, Moonah;
    • Mornington – 9 Mornington Road, Mornington;
    • Huonville – 53 Main Road, Huonville; and
    • Kingston – 10 Huntingfield Drive, Kingston.
  7. Entries into the promotion open on 1 August 2020 and close at 5:30PM AEDT on 30 November 2020 (“Promotional Period”).
  8. To receive an automatic entry into the relevant draw, individuals must spend a minimum accumulative amount of $1,000 incl. GST on any James Hardie product/s at a Participating Store during a single month of the Promotional Period (“Qualifying Purchase”). For removal of doubt, Qualifying Purchases do not need to be in a single transaction. Entrants will receive one (1) automatic entry for every $1,000 incl. GST spent in a Qualifying Purchase. For example, if an eligible entrant spends $3,000 incl. of GST in a Qualifying Purchase, the eligible entrant will receive three (3) entries into the draw.
  9. Multiple entries and Qualifying Purchases permitted subject to the limit of one (1) prize per eligible entrant.
  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. There will be four (4) minor prize draws and one (1) major prize draw. Entries close for each draw on the dates and times specified in the table below. Draws will take place at the dates, times and locations 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 Prize Draw.
    Draw Entries close Draw date/time/location
    Minor Draw 1 5:30PM AEST on 31 August 2020 7:30AM AEST on 4 September 2020 at Glenorchy’s Clennett’s Mitre 10, 56 Sunderland Street, Moonah
    Minor Draw 2 5:30PM AEST on 30 September 2020 7:30AM AEST on 2 October 2020 at Mornington’s Clennett’s Mitre 10, 9 Mornington Road, Mornington
    Minor Draw 3 5:30PM AEDT on 31 October 2020 7:30AM AEDT on 13 November 2020 at Huonville’s Clennett’s Mitre 10, 53 Main Road, Huonville
    Minor Draw 4 5:30PM AEDT on 30 November 2020 7:30AM AEDT on 4 December 2020 at Kingston’s Clennett’s Mitre 10, 10 Huntingfield Drive, Kingston
    Major Draw 5:30PM AEDT on 30 November 2020 7:30AM AEDT on 4 December 2020 at Kingston’s Clennett’s Mitre 10, 10 Huntingfield Drive, Kingston
  16. 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/clennetts at the conclusion of each draw.
  17. The Promoter’s decision is final and no correspondence will be entered into.
  18. The first valid entry drawn from each Minor Prize Draw will each win a trip for two (2) adults to The Piermont Retreat in Swansea, TAS valued at up to AU$1,200. Prize includes:
    • Two (2) nights’ accommodation in a Premium Spa Suite with breakfast included for two (2) mornings; and
    • One (1) dinner for two (2) people the Homestead Restaurant.

    Spending money, additional meals, transfers, items of a personal nature, in-room charges and all other ancillary costs are not included. Prize cannot be taken during Australian school holidays, public holidays or other peak periods. Winners are responsible for their own travels to and from The Piermont Retreat. Prize is subject to the standard terms and conditions of individual prize and service providers. Winners may be required to present their credit card at time of accommodation check in.

  19. The first valid entry drawn from the Major Prize 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 Bailey Marine Huonville at 62 Main Street, Huonville TAS 7109.

  20. 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.
  21. 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.
  22. 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.
  23. 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.
  24. 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.
  25. Total prize pool value is up to $24,650.
  26. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
  27. 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.
  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 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. 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.
  30. 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.
  31. 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.