“JAMES HARDIE – WIN WITH HARDIES – HUDSON MARCH 2021” PROMOTION
TERMS AND CONDITIONS
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.
The promoter is James Hardie Australia Pty Ltd (ABN 12 084 635 558) of 10 Colquhoun Street, Rosehill NSW 2142, telephone: 131 103 (“Promoter”).
Entry is open to NSW and ACT residents aged 18 years or over who have a trade account at a Participating Store (as defined below). Individuals who have an existing Builder Business Agreement in place with the Promoter are ineligible to enter.
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 04/06/2021 in order to be eligible to claim the prize.
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.
A participating store is any of the following listed stores (each a “Participating Store”):
KATOOMBA MITRE 10, 46 Wilson Street, Katoomba NSW 2780
The promotion commences on 01/03/2021 and ends at 5:00pm AEST on 31/05/2021 (“Promotional Period”).
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 a 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 a 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 a 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 a Participating Store over the Promotional Period.
Further to the above, the Promoter will award one (1) bonus entry for each of the following (each a “Bonus Entry”):
for every $500 (inclusive of GST) spent on James Hardie EasyTex products in accordance with the instructions in clause 8 above; and
Incomplete orders/transactions will be deemed invalid.
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 the 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.
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.
If, during the Promotional Period and until the prize is awarded, any James Hardie™ products contributing towards a minimum spend in a Qualifying Purchase or Qualifying Transaction 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. non James Hardie™ products), and/or which reduce the value of relevant Qualifying Purchase or Qualifying Transaction 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).
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.
Entries will be divided into the following regions (each a “Region”):
HUDSON HOME TIMBER & HARDWARE, 365 – 369 Lake Road, Glendale NSW 2285
HUDSON HOME TIMBER & HARDWARE, 296 Manns Road West, Gosford NSW 2250
HUDSON HOME TIMBER & HARDWARE, Unit 1, 51 – 65 Aberglasslyn road, Rutherford NSW 2320
The draw for each Region will take place at Anisimoff Legal, Suite 5 Erina Plaza, 210 Central Coast Highway Erina NSW 2250 on 04/06/2021 at 11am AEST. The Promoter may draw additional reserve entries in each draw and record them in order in case an invalid entry or ineligible entrant is drawn. The winners will be notified via telephone and email within two (2) business days of the draw and their names will be published at http://www.winwithhardies.com.au/hometimber from 07/06/2021.
The first valid entry drawn in each Region will each win a racing simulator bundle valued at $3,899. Each simulator bundle includes:
1 x Philips 43 inch monitor;
1 x PCX E2i5 Gaming PC,
1 x Logitech Driving Force Shifter for G29 and G920 Racing Wheels; and
1 x Next Level Racing GTxtreme V2 Racing Simulator + TV Stand
Prizes 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 a prize.
The Promoter’s decision is final and no correspondence will be entered into.
If for any reason a winner or Prize Recipient does not take/redeem 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.
If a 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.
Total prize pool value in each Region is $3,899 with a total prize pool of $11,697. Prizes, or any unused portion of a prize, is not transferable or exchangeable and cannot be taken as cash.
A draw for any unclaimed prizes may take place on 06/09/2021 at the same time and place as the original draw, subject to any directions from a regulatory authority. Winners, if any, will be notified via telephone and email within two (2) business days of the draw and their names will be published at winwithhardies.com.au/hometimber from 07/09/2021.
Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner or Prize Recipient (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.
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.
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 NSW and/or ACT (“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.
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.