Terms - Win With Hardies

“SA K&B MITRE 10 WIN WITH HARDIES” PROMOTION

TERMS AND CONDITIONS

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.
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 SA residents aged 18 years or over who have a trade account at a participating K&B Mitre 10 store (collectively “Mitre 10” and each a “Participating Store”). Individuals who hold a BBA agreement with James Hardie are not eligible. Entrants must be trading in accordance with Mitre 10 trading terms throughout the Promotional Period and must not have overdue monies owing as at 30/06/2021 in order to be eligible to claim any prize. A full list of Participating Stores can be found online at www.winwithhardies.com.au/kbmitre10.
Employees (and their immediate families) of the Promoter, a 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.
The promotion commences on 01/03/2021 and ends at 5:00pm AEST on 30/06/2021 (“Promotional Period”).
To be eligible to participate and receive entries in accordance with clause 7 below, eligible entrants must, at any time during the Promotional Period, register their details online at www.winwithhardies.com.au/kbmitre10. For clarity, the online registration form can be completed at any time during the Promotional Period regardless of when or if an individual makes a Qualifying Purchase (as defined below), however if a registration form is not completed, an entrant will not be entitled to receive any entries accrued in accordance with clause 7 below.
To enter, individuals must, during the Promotional Period, spend a minimum of $1,000 (inclusive of GST) in a single transaction on any James Hardie™ product/s on their account (“Qualifying Purchase”) at a Participating Store during the Promotional Period. Subject to clause 6 above, entrants will receive one (1) automatic entry for each $1,000 (inclusive of GST) spent in a single transaction on their account at a Participating Store. For example, if an eligible entrant spends $1,200 (inclusive of GST) in a single transaction on James Hardie™ products on their account at the Participating Store during the Promotional Period, the eligible entrant will be awarded one (1) entry into the draw. If an eligible entrant spends $3,200 (inclusive of GST) in a single transaction on James Hardie™ products at the Participating Store during the Promotional Period, the eligible entrant will be awarded three (3) entries into the draw and so on.
Bonus Entries: To be eligible to receive a bonus entry into the draw the eligible entrant’s Qualifying Purchase must include Easytex Panel products. If an eligible entrant purchases Easytex Panel product/s in their Qualifying Purchase they will receive one (1) bonus entry for every $1,000 spent on Easytex Panel products in a single transaction. For example, if an eligible entrant spends $1,200 (inclusive of GST) in a single transaction on Easytex Panel products on their account at the Participating Store during the Promotional Period, the eligible entrant will be awarded two (2) entries into the draw.
In all instances, the Major 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 a prize.
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™ or Easytex Panel products contributing towards a minimum spend in a Qualifying Purchase that is eligible for one (1) or more entries are returned for refund or credit, or exchanged for a product or products that are not eligible for entry into this promotion (i.e. non James Hardie™ or Easytex Panel products), and/or which reduce the value of relevant Qualifying Purchase to below the relevant requirement for the applicable number of entries, 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.
K&B Representative Incentive: K&B sales representative’s sales figures will be recorded over the course of the Promotional Period. At the conclusion of the Promotional Period, the two (2) K&B sales representatives with the highest sales figures will be each be awarded a $500 preloaded Visa Gift Card. The K&B sales representatives with the next two (2) highest sales figures will each be awarded a $250 preloaded Visa Gift Card.
Any ancillary costs associated with redeeming the Visa Gift Card are not included. Any unused balance of the Visa Gift Card will not be awarded as cash. Redemption of the Visa Gift Card is subject to any terms and conditions of the issuer including those specified on the Visa Gift Card.
The draw will take place at Anisimoff Legal, Suite 5, Erina Plaza, 210 Central Coast Highway, Erina NSW 2260 on 15/07/2021 at 4:00pm AEST, 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 in writing within two (2) business days of the draw and their name will be published at www.winwithhardies.com.au/kbmitre10 from 19/07/2021.
The Promoter’s decision is final and no correspondence will be entered into.
The first valid entry drawn will win their choice of one (1) of the following options (“Major Prize”):
1. 2021 Cub Explorer camper valued at up to $23,990. Includes 12 months registration, full gas bottle and a 3-hour hand over training session.
  
  OR
2. Stessco Skipper 4.09 Runabout boat valued at up to $21,300. Includes opening windscreen, 30HP outboard 4 stroke fitted, forward controls, electric start, electric power tilt, galvanised trailer and 12 months registration.
Additional insurance, options, petrol and all other ancillary costs are the responsibility of the winner. The winner must collect the prize from Pacific Marine, Corner Tapleys Hill Rd and Old Port Rd, Royal Park SA 5014 if they choose the Stessco Boat OR Dave Benson Caravans, 64 Grand Junction Road, Kilburn SA 5084 if they choose the camper.
If the winner is, through any legal incapacity or otherwise, unable to register the Major Prize in their own name, then the winner may assign the Major Prize 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 Major Prize is awarded. It is a condition of accepting the Major Prize that the winner may be required to sign a legal release in a form to be determined by the Promoter in its discretion.
Subject to the unclaimed prize draw clause, 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.
If a prize (or part of a 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 is up to $23,990.
Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash.
A draw for the Major Prize, if unclaimed, may take place on 20/09/2021 at the same time and place as the original draw, subject to any directions from a regulatory authority. The winner, if any, will be notified in writing within two (2) business days of the draw and their name will be published at www.winwithhardies.com.au/kbmitre10 from 20/09/2021.
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.
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.
Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
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.
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 of a prize.
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.

SA Permit No. T20/1458