“WIN WITH HARDIE MELBOURNE METRO” 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 2142, telephone: 131 103 (“Promoter”).
3. A participating store is any of the following listed stores (each a “Participating Store”):
   

   TAITS MITRE 10 -TOORONGA	15 Weir St, Glen Iris VIC 3146
   CAPEVIEW HARDWARE PTY LTD	Cape Paterson Rd, Wonthaggi VIC 3995
   TAITS MITRE 10 – SOMERVILLE	2 Speedwell St, Somerville VIC 3912
   DANAHERS TIMBER & HARDWARE	464 Lower Heidelberg Rd, Heidelberg VIC 3084
   CAPEVIEW MITRE 10 TARWIN TOWER	31-33 River Dr, Tarwin Lower VIC 3956
   TAITS MITRE 10 -FOOTSCRAY	101-103 Geelong Rd, Footscray VIC 3011
   CAPEVIEW MITRE 10 INVERLOCH	10 Bass Hwy, Inverloch VIC 3996
   TAITS MITRE 10 – MT WAVERLEY	601 High St Rd, Mount Waverley VIC 3149
   CAPEVIEW MITRE 10 COWES	220 Settlement Rd, Cowes VIC 3922
   CAPEVIEW MITRE 10 LEONGATHA	2 Cusack Rd, Leongatha VIC 3953
   RICHMOND MITRE 10	143-153 Palmer St, Richmond VIC 3121
   PARK ROAD TIMBER & HARDWARE	21 Park Rd, Cheltenham VIC 3192
   PROVANS TIMBER & HARDWARE PTY LTD	457 Hoddle St, Clifton Hill VIC 3068
   ELTHAM HOME TIMBER & HARDWARE P/L	1175/1181 Main Rd, Eltham VIC 3095
   COSTA’S MITRE10 HOPPERS CROSSING	Shop 2/255 Old Geelong Rd, Hoppers Crossing VIC 3029
   DONCASTER TIMBER HARDWARE	7/13 Andersons Creek Rd, Doncaster East VIC 3109
   DIAMOND VALLEY MITRE 10	95 Main Hurstbridge Rd, Diamond Creek VIC 3089
   JOHNSON & RIELLY HOME & TRADE	404 Keilor Rd, Niddrie VIC 3042
   WOMERSLEY’S MITRE 10 – CARRUM DOWNS	92 Frankston Gardens Dr, Carrum Downs VIC 3201
   WOMERSLEYS MITRE 10 – CHELSEA HEIG	Springvale Rd &, Wells Rd, Chelsea Heights VIC 3196
   WOMERSLEY’S MITRE 10 – FRANKSTON	336 Cranbourne Rd, Frankston VIC 3199
   BEACONSFIELD HOME TBR & H’WARE	102-112 Old Princes Highway, Beaconsfield VIC 3807
   BAYSWATER TIMBER MITRE 10	860-862 Mountain Hwy, Bayswater VIC 3153
   MOORABBIN TIMBER PTY. LTD.	230 Wickham Rd, Moorabbin VIC 3189
   PETERS BRIGHTON MITRE10	343 New St, Brighton VIC 3186
   PETERS CAULFIELD MITRE10	95 Normanby Rd, Caulfield VIC 3162
   MELTON TIMBER & HARDWARE PTY LTD	45 Reserve Rd, Melton VIC 3337

4. Entry is only open to VIC 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 and must not have overdue monies owing as at the 16/11/2022 in order to be eligible to claim any prize.
6. 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.
7. The promotion commences on 01/07/2022 and closes at 5:00PM AEDST on 31/10/2022 (“Promotional Period”).
8. To be eligible to participate in this promotion and receive automatic entries in accordance with clause 9 below, eligible entrants must, at any time during the Promotional Period, register their details (including their trade account number) online at http://www.winwithhardies.com.au/melbournemetro. 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 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, individuals must, during the Promotional Period, spend a minimum of $500 (inclusive of GST), in a single transaction, on participating James Hardie™ product/s on their trade account at a Participating Store (“Qualifying Purchase”). Entrants will receive automatic entry into the draw as follows:
   1. One (1) automatic entry for every $500 (inclusive of GST) spent, in a single transaction, on James Hardie™ product/s (including accessories) on their trade account at a Participating Store during the Promotional Period;
   2. One (1) bonus entry for every $500 (inclusive of GST) spent, in a single transaction, on Hardie™ Fine Texture Cladding product/s on their trade account at a Participating Store during the Promotional Period.

   For clarity, if a person spends $500, in a single transaction, on Hardie™ Fine Texture Cladding product/s in accordance with Clause 9 (ii) above, they will be awarded two (2) entries into the draw.

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™ products 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 (i.e. not James Hardie™ products), 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. There will be four (4) monthly draws (each a “Monthly Draw”) and one (1) major draw (“Major Draw”) conducted for this Promotion. Entries into each draw open and close on the dates and times indicated in the table below. All draws will take place at Anisimoff Legal, Suite 5 Erina Plaza, 210 Central Coast Highway Erina NSW 2250 on the dates and times indicated in the table below. 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 via telephone and email within two (2) business days of the relevant draw and their name will be published at http://www.winwithhardies.com.au/melbournemetro on the dates indicated in the table below. All non-winning entries in each Monthly Draw will NOT be entered into any subsequent Monthly Draws, however all entries (winning and non-winning) will be entered into the Major Draw.
    

    Draw	Date Entries Open	Date Entries Close	Date and time of prize draw	Number of winners	Winners published
    Monthly Draw 1	01/07/2022	31/07/2022 at 11:59pm AEST	05/08/2022 at 11am AEST	10	08/08/2022
    Monthly Draw 2	01/08/2022	31/08/2022 at 11:59pm AEST	09/09/2022 at 11am AEST	10	12/09/2022
    Monthly Draw 3	01/09/2022	30/09/2022 at 11:59pm AEST	07/10/2022 at 11am AEDT	10	10/10/2022
    Monthly Draw 4	01/10/2022	31/10/2022 at 11:59pm AEDT	04/11/2022 at 11am AEDT	10	07/11/2022
    Major Draw	01/07/2022	31/10/2022 at 5:00pm AEDT	04/11/2022 at 11:05am AEDT	1	07/11/2022

16. The first ten (10) valid entries drawn in each Monthly Draw will each win a $500 digital pre-paid debit card. Any ancillary costs associated with redeeming a digital pre-paid debit card are not included. Any unused balance of a digital pre-paid debit card will not be awarded as cash. Redemption of a digital pre-paid debit cardis subject to any terms and conditions of the issuer including those specified on the digital pre-paid debit card.
17. The first valid entry drawn in the Major Draw will win an Ezytrail Stirling Z-Front Folding Camper valued at $17990. Prize includes including 12months registration and delivery.
18. Additional insurance, options and all other ancillary costs are the responsibility of the winner. If the winner is, through any legal incapacity or otherwise, unable to register the prize in their own name, then the winner may assign the 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 camper 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.
19. The Promoter takes no responsibility for any mechanical, body or paint repairs from the date and time of delivery. Any other ongoing costs are the responsibility of the winner. The external and interior colour and fittings of the prize are subject to availability at time of redemption of prize. Any additional optional extras and accessories, and any other insurance, fuel, vehicle, personal costs and any other ancillary costs associated with redeeming the prize are excluded and are the responsibility of the winner. The colour of the prize is at the discretion of the Promoter.
20. Receipt of the prize is subject to the winner being able to lawfully take possession of the prize and comply with all registration and compulsory third party insurance requirements of the State/Territory in which the winner elects to register the prize.
21. Each 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.
22. The Promoter’s decision is final and no correspondence will be entered into.
23. If for any reason a Prize Recipient does not take a prize by the time stipulated by the Promoter, then that 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. The total prize pool is AU$37990. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash.
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 Victoria (“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, Prize Recipient or entrant; or (f) use 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 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.