James Hardie – ATS Timber “Look Good This Summer” Promotion
TERMS AND CONDITIONS
1. 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.
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. Entry is open to Queensland, Victorian and New South Wales residents aged 18 years or over who have an account at a Participating Store (defined below).
4. Employees (and their immediate families) of the Promoter 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.
5. The promotion commences on 01/09/2018 and ends at close of business on 07/12/2018 (“Promotional Period”). Qualifying Purchases (as defined below) made from 01/09/2018 will be considered eligible for the purposes of this promotion.
6. To enter, individuals must complete the following steps during the Promotional Period
a) Visit http://www.lookgoodthissummer.com.au (“Website”) to register their account and follow prompts to the promotion entry page, input the requested details (including full name, telephone number, a valid email address and residential address) and submit the fully completed entry form.
b) Spend a minimum of $500 on any James HardieTM product/s on their account (“Qualifying Purchase”) at any ATS Building Products stores in Queensland, Victoria and New South Wales (“Participating Stores”) during the Promotional Period. Entrants will receive one (1) entry into the draw for each $500 spent in a Qualifying Purchase on their account at the Participating Store. For example, if an Eligible Entrant spends $900 on James HardieTM products in a single transaction on their account at a Participating Store during the Promotional Period, the Eligible Entrant will be awarded one (1) entry into the draw. If an Eligible Entrant spends $1,900 on James HardieTM products in a single transaction at a Participating Store during the Promotional Period, the Eligible Entrant will be awarded three (3) entries into the draw and so on. The Promoter will collate sales data from Participating Stores against each entrant’s account therefore the account must be registered in accordance with the above for the entrant to receive entries.
7. Incomplete orders/transactions will be deemed invalid.
8. 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.
9. Entrants must retain a copy of their original purchase receipt(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.
10. If, during the Promotional Period and until the prize is awarded, any James HardieTM products contributing towards a minimum spend in 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 HardieTM products), and/or which reduce the value of relevant Qualifying Purchase to below the minimum $500 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).
11. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in their sole discretion, to determine the identity of an entrant.
12. The draw will take place at Anisimoff Legal, Suite 5, Erina Plaza, 210 Central Coast Highway, Erina NSW 2250 on 14/12/2018 at 11:00AM ADST in the presence of an independent scrutineer. Anisimoff Legal may draw additional reserve entries and record them 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 the name/s of all winners will be published on the Website on 15/12/2018.
13. The first valid entry drawn from all valid entries received will win a Sea-Doo GTR230 Jetski and trailer, including life-jacket, flusher kit and tie-down strap valued at up to $20,000 including ski registration and trailer registration.
14. The second valid entry drawn from all valid entries received will win a $5,000 in-store credit for any ATS Building Products store, awarded to the winner’s account, to be spent on James HardieTM products.
15. The Promoter’s decision is final and no correspondence will be entered into.
16. If for any reason the winner does not take a 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.
17. If a prize (or part of a prize) is unavailable, the Promoter, in their 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.
18. Total prize pool value is up to $25,000. Prizes are not transferable or exchangeable and cannot be taken as cash, unless specified otherwise.
19. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are winners (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.
20. A draw for any unclaimed prizes may take place on 14/03/2019 at the same time and place as the original draw, subject to any directions from a regulatory authority. The winner/s, if it is required, will be notified via telephone and email within two (2) business days of the draw and their name/s will be published on the Website from 15/03/2019.
21. 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.
22. 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 Western Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including their 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.
23. Except for any liability that cannot by law be excluded, including the Non- Excludable Guarantees, the Promoter (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 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 Eligible Entrant; or (f) use of the prize.
24. The Promoter collects personal information (“PI”) when provided in order to conduct the offer 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. Participation is conditional on providing this PI. The Promoter will also use and handle PI as
NSW Permit No. LTPS/18/27689