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”). This promotion is conducted in conjunction with and with approval of National Building Suppliers Group Pty Ltd (“Natbuild”).
Employees (and their immediate families) of the Promoter, Natbuild 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.
This promotion will only be conducted at participating Natbuild members invited by the Promoter to participate (“Natbuild Members”). Participating Natbuild Members stores will display material advertising this promotion and otherwise promote this promotion. The promotion commences on 1 July 2017 and ends at close of business on 31 October 2017 for all Natbuild Members stores, with the exception of the BMS store at 9 Carrington Rd Toowoomba QLD 4350, in which entries will close on 30/09/2017 (“Promotional Period”).
This promotion consists of two elements: (a) a game of chance for eligible customers of Natbuild Members stores; and (b) a game of skill for participating Natbuild Members.
Game of chance
Entry into this element is only open to customers of Natbuild Members stores in Australia that have a trade account with a Natbuild Member store at the time of entry and the draw. If a customer is a business, all entries on behalf of that customer must be made by an Australian resident aged 18 years or over who is an authorised representative of the business. Entrants must be trading in accordance with the trading terms of the Natbuild’s Member store they purchase and register through, throughout the Promotional Period and must not have overdue monies owing as at the draw date in order to be eligible to claim any prize.
To be eligible to participate in this element of the promotion, eligible entrants must, during the Promotional Period, register their details and the Natbuild Member store they wish to register through (being the store they will complete their Qualifying Purchases through), by completing and submitting a registration form at the website URL relevant to that store (as outlined below) in full. Each entrant can only register once and can only be linked to one (1) Natbuild Member store. A registration can be made at any time during the Promotional Period and the Qualifying Purchases (as defined below) made before and after registration (but during the Promotional Period) will be eligible for entry. The registration URls are as follows:
The Promoter, prior to the start of the Promotional Period, will divide Natbuild Members into three (3) tiers (“Tiers”). Each Natbuild Member will offer a prize to be won, and the nature and value of the prize to be won by account holders of the stores of that Natbuild Member will depend on the allocated Tier. There will be seven (7) Tier 1 prizes, seven (7) Tier 2 prizes and five (5) Tier 3 prizes to be won, across a total of nineteen (19) Natbuild Members. Each Natbuild Member (and the Promoter, in respect of that Natbuild Member) will only advertise to its account holders the prize available to be won in stores of that Natbuild Member. For the avoidance of doubt, each Natbuild Member may have multiple stores, and entries from all of those stores will have a chance to win the prize allocated to that Natbuild Member.
To receive one (1) automatic entry into a Natbuild Member draw, eligible entrants must spend $500 or more, including GST, on any James Hardie products, including accessories, at a store of that Natbuild Member they register through, using their Natbuild trade account, during the Promotional Period (“Qualifying Purchase”). For the avoidance of doubt, individuals can make the Qualifying Purchase of $500 in a single transaction or over multiple transactions during the Promotional Period, however, all purchases must be made at the same Natbuild Member store the entrant registers through.
The Promoter reserves the right to offer double entries in respect of Qualifying Purchases at various times during the Promotional Period, as advertised by the Promoter and Natbuild.
Multiple entries permitted subject to the following: (a) only one (1) entry will be awarded per Qualifying Purchase, except for the periods where double entries are advertised in which case two (2) entries will be awarded per Qualifying Purchase; and (b) all entries must be submitted separately and in accordance with entry requirements.
Entrants must retain their original purchase receipt(s)/invoice(s) for all entries as proof of purchase. 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 into the draw and forfeiture of any right to a prize.
If, during the Promotional Period and until the prize is awarded, any eligible products contributing towards a Qualifying Purchase 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 products or accessories), and/or which reduce the value of relevant purchase to below the $500 requirement, the Promoter reserves the right in their absolute discretion to invalidate any entries awarded in respect of that Qualifying Purchase.
Entries will be divided in accordance with the Natbuild Member in whose stores the Qualifying Purchase is made. The draw for each Natbuild Member (with the exception of the BMS store at 9 Carrington Rd Toowoomba QLD 4350) will take place at Tactics Marketing - 6/106 Old Pittwater Rd Brookvale 2100 at 11am AEDST on 13/11/2017. The draw for the BMS store at 9 Carrington Rd Toowoomba QLD 4350 will take place at Tactics Marketing - 6/106 Old Pittwater Rd Brookvale 2100 at 11am AEDST on 13/10/2017. The Promoter may draw additional reserve entries in each draw and record them in case an invalid entry or ineligible entrant is drawn. The winners will be notified in writing within two (2) business days of the draw and their names will be published in The Australian on 20/11/2017
The first valid entry drawn for each Natbuild Member allocated into Tier 1 will win a 430 Fishabout boat (more information at http://www.quintrex.com.au/Aluminium-Boat-Range/430Fishabout) valued at $19,000. A total of seven (7) Tier 1 prizes will be awarded.
The first valid entry drawn for each Natbuild Member allocated into Tier 2 will win a Seadoo Spark Rec lite in blue (for more information see http://au.sea-doo.com/watercraft/rec-lite.html) valued at 9,000. A total of seven (7) Tier 2 prizes will be awarded.
The first valid entry drawn for each Natbuild Member allocated into Tier 3 will win a 350 dart (more information at http://www.quintrex.com.au/Aluminium-Boat-Range/350Dart?particulars=350%20Dart) valued at $5,000. A total of five (5) Tier 3 prizes will be awarded.
In the event a Qualifying Purchase is paid for using a business credit card, or ‘business money’, the Qualifying Purchase will be deemed to have been made on behalf of the business, and the entry will be awarded to the business and NOT to the individual who entered the promotion, unless they were authorised in writing by the business to enter as an individual. Further, any prize will be awarded to the owner/manager of the respective winning business who may, in his/her absolute discretion, allocate the prize to any employee of that business.
A draw(s) for any unclaimed prizes, may take place on 13/02/2018 at the same time and place as the original draws, subject to any directions from a regulatory authority. The winner(s) (if any) will be notified in writing within two (2) business days of the draw and their name will be published in The Australian on 20/02/2018.
Game of skill
The five (5) Natbuild Members to receive the most entries, out of all Natbuild Members, from their store’s account holders during the Promotional Period will each win a $1,000 preloaded MasterCard gift card. In the event of a tie for any of the top five (5) places, the Promoter will judge the tied entrants point of sale displays for the promotion and award the relevant top 5 placement to the entrant it deems to have the most creative and effective point of sale display.
Any ancillary costs associated with redeeming the gift cards are not included. Gift cards are not redeemable for cash and are subject to the terms and conditions of the gift card issuer, including those listed on the gift card. The prize in each case will be awarded to the owner or manager of the winning Natbuild Member.
Incomplete, indecipherable or illegible registrations, entries and/or orders/transactions will be deemed invalid.
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 their Natbuild account status where relevant) and reserves the right, in its sole discretion, to disqualify any entrant 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 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.
The Promoter’s decision is final and no correspondence will be entered into.
If for any reason a winner does not take a prize by the time stipulated by the Promoter, then 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 for the game of chance component is $221,000. Total prize pool value for the game of skill component is $5,000. Total prize pool value for the promotion is $226,000.
Prizes are not transferable or exchangeable and cannot be taken as cash.
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) and their eligible business details 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 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 and Natbuild (including their respective officers, employees and agents) exclude 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 and Natbuild (including their respective officers, employees and agents) are not responsible for and exclude all liability (including negligence), for any personal injury or death; 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 or Natbuild’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 or Natbuild) due to any reason beyond the reasonable control of the Promoter or Natbuild; (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 or redemption of a prize.
As a condition of accepting a prize, winners must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
Natbuild Members will collect and use personal information in accordance with their privacy policies, available on request from each Natbuild Member store.
NSW Permit No. LTPS/17/15134,
ACT Permit Number TP17/01136,
SA Licence Number T17/1095