WIN WITH HARDIE SUNSHINE” 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 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”):
    • SUNSHINE MITRE 10 – 520 Maroochydore, Kunda Park QLD 4556
    • SUNSHINE MITRE 10 – 16 Venture Drive, Noosa QLD 4566
    • SUNSHINE MITRE 10 – 3 Langton Road, Gympie QLD 4570
    • SUNSHINE MITRE 10 – 980 Nambour Connection Road, Nambour QLD 4560
    • SUNSHINE MITRE 10 – 18 Maple Street, Cooroy QLD 4563
    • SUNSHINE MITRE 10 – Lot 10 Rogers Drive, Kingaroy QLD 4610
    • SUNSHINE MITRE 10 – 5 Sydal Street, Caloundra QLD 4551
    • SUNSHINE MITRE 10 – 42 Patrick Street, Dalby QLD 4405
    • SUNSHINE HARDWARE & RURAL – 49 McDowall Street, Roma QLD 4455
    • SUNSHINE MITRE 10 – 2 Iraci Crescent, Evans Landing QLD 4574
    • SUNSHINE MITRE 10 – 91 Byrnes Street, Mareeba QLD 4880
    • SUNSHINE MITRE 10 – 16 Main Drive, Kawana QLD 4575
    • SUNSHINE MITRE 10 – 1 Electra Street, Bundaberg QLD 4670
    • SUNSHINE MITRE 10 – 146-161 Grey Street, St George QLD 4487
    • SUNSHINE MITRE 10 – 44b Amy Johnson Place, Eagle Farm QLD 4009
  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 and must not have overdue monies owing as at the 31/08/2022 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 01/06/2022 and closes at 5:00PM AEST on 31/08/2022 (“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 online at www.winwinhardies.com.au/sunshinemitre10. 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 $1,000 (inclusive of GST) 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 $1,000 (inclusive of GST) spent on James Hardie™ Linea, Axon, Stria or Matrix product/s (including accessories) on their trade account at a Participating Store during the Promotional Period;
    2. Two (2) automatic entries for every $1,000 (inclusive of GST) spent on James Hardie™ Fine Texture Cladding product/s (including accessories) on their trade account at a Participating Store during the Promotional Period; and
    3. Two (2) automatic entries for every $1,000 (inclusive of GST) spent on James Hardie™ Linea, Axon, Stria, Matrix or Hardie™ Fine Texture Cladding product/s on their trade account in a single transaction at the expo night taking place on 15 June 2022 at Novotel Twin Waters Resort, 270 Ocean Dr, Twin Waters QLD 4564 (“Expo Night”), subject to the order being invoiced and having a delivery date of no later than 30 June 2022. Any orders placed on the Expo Night that are not invoiced and delivered on or before 30 June 2022 will not be deemed a Qualifying Purchase and will not receive the two (2) automatic entries into the draw.

    For clarity, excluding orders placed on the Expo Night, 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.

  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™ Linea, Axon, Stria, Matrix or Fine Texture Cladding 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 three (3) monthly draws (each a “Monthly Draw”) conducted for this Promotion. Entries into each Monthly Draw open and close on the dates and times indicated in the table below. All Monthly 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 Monthly Draw and their name will be published at http://www.winwithhardies.com.au/sunshinemitre10 from on the dates and times indicated in the table below. All non-winning entries in each Monthly Draw will NOT be entered into any subsequent Monthly Draws.
    Draw Date Entries Open Date Entries Close Date and time of prize draw Number of winners Winners published
    Monthly Draw 1 01/06/2022 30/06/2022 05/07/2022 at 11am 1 08/07/2022
    Monthly Draw 2 01/07/2022 31/07/2022 05/08/2022 at 11am 1 08/08/2022
    Monthly Draw 3 01/08/2022 30/08/2022 09/09/2022 at 11am 2 12/09/2022
  16. The first valid entry drawn in Monthly Draws 1 and 2 and the first two (2) valid entries drawn in Monthly Draw 3 will each win an NRL Grand Final Package, valued at AU$5,050 and consisting of:
    • 2x Return Economy Flights to Sydney from either Brisbane or Sunshine Coast, depending on winner’s location;
    • 1x Night’s Accommodation for two (2) people in a single room at Sydney Hyatt Regency;
    • 2x Reserved Diamond Seating Tickets to the NRL Grand Final at Accor Stadium Sydney on 02/10/2022 (the “Event”);
    • 2x Drink vouchers for use during the Event;
    • 2x Tickets to the Official NRL Ambassadors Cruise from King St Wharf to Olympic Park Wharf prior to the Event, which includes a 2.5-hour harbour cruise with:
      • deluxe canapé-style menu
      • premium beverage tray service
      • guest appearances from NRL legends
      • live entertainment, corporate gifts, match programs and prize draws
    • 2x Coach Transfers with on-board drink service from Olympic Park Wharf to the Event;
    • 2x Tickets to the NRL Grand Final Post-Match Function at the Event, which includes beverage service and grazing menu; and
    • 2x Coach Transfers from Event location to the Sydney CBD.
  17. 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 the prize.
  18. Spending money, additional meals, insurance, transport to and from departure point, additional transfers, items of a personal nature, in-room charges and all other ancillary costs are not included. Prize must be taken on 02/10/2022 to coincide with the 2022 NRL Grand Final and is subject to booking and flight availability.
  19. Prize Recipients and their companion/s must depart from and return to the same departure point and travel together. Itinerary to be determined by the Promoter in its absolute discretion. Prize Recipients and their companion/s are responsible for ensuring that they have any requisite vaccinations and travel documentation. Frequent flyer points will not form part of the prize. Prize is subject to the standard terms and conditions of individual prize and service providers. Prize Recipients may be required to present their credit card at time of accommodation check in.
  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 a prize (or an element of a prize) by the time stipulated by the Promoter, then that prize (or that element of the prize) will be forfeited.
  22. 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.
  23. The total prize pool is AU$20,200. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash.
  24. A draw for any unclaimed prizes may take place on 19/09/2022 at the same time and place as the original draw, subject to any directions from a regulatory authority. Winners, if any, will be notified by telephone and email within two (2) business days of the draw and their names will be published at http://www.winwithhardies.com.au/sunshine from 21/09/2022.
  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 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.
  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.