JAMES HARDIE “WIN WITH HARDIE BIG RIVER 2024” 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 Level 17, 60 Castlereagh Street, Sydney NSW 2000, telephone: 131 103 (“Promoter”).
  3. This promotion will be conducted at the following Big River Group stores (each a “Participating Store”):
    Store Name Address Suburb State Postcode
    Big River Mt Druitt 89 Kurrajong Avenue Mt Druitt NSW 2770
    Big River Albion Park 3 Durgadin Dr Albion Park Rail NSW 2527
    Big River Hume 13 Sheppard Street Hume ACT 2620
    Big River Dandenong South 24 Discovery Road Dandenong South VIC 3175
    Big River Breakwater 15-17 Leather Street Breakwater VIC 3219
    Big River Aitkenvale Corner Anne and Rendle Street Aitkenvale QLD 4814
    Big River Burleigh Heads 11 Central Drive Burleigh Heads QLD 4220
    Big River Hillcrest 24 Johnson Road Hillcrest QLD 4118
    Big River Meadowbrook 45 Ellerslie Road Meadowbrook QLD 4131
    Big River Warana 10 Main Drive Warana QLD 4575
    Big River Edinburgh North 10 Kingstag Crescent Edinburgh North SA 5113
    Big River Dry Creek 142 Cavan Road Dry Creek SA 5094
    Big River Bellevue 30 Clayton Street Bellevue WA 6056
    Big River Welshpool 255 Treasure Road Welshpool WA 6106
    Big River Epping 78 Cooper St Epping VIC 3076
  4. Entry is only open to Australian residents (excluding NT and TAS) aged 18 years or over and who hold a trade account with a Participating Store.
  5. Entrants must be trading in accordance with the Participating Store’s trading terms throughout the Promotional Period and must not have overdue monies owing as at 5 December 2024 in order to be eligible to claim any prize.
  6. 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.
  7. The promotion commences on 1 September 2024 and closes at 5:00PM AEDT on 30 November 2024 (“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 at winwithhardie.com.au/brg2024. 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, registered eligible entrants must, during the Promotional Period, spend a minimum of $1,000 (inclusive of GST) on participating James Hardie product/s at a Participating Store (“Qualifying Purchase”). Entrants will receive automatic entry into the draw as follows:
    1. One (1) automatic entry into the relevant Monthly Draw (defined below) and the Major Draw (defined below) for every $1,000 (inclusive of GST) spent on Linea Weatherboard, Axon Cladding, Matrix Cladding, Stria Cladding, Secura Flooring product/s and associated accessories at a Participating Store during the Promotional Period. For example, if an eligible entrant spends $4,400 (inclusive of GST) on Linea Weatherboard product/s at a Participating Store during the Promotional Period, the eligible entrant will be awarded four (4) entries into the draws; and
    2. Two (2) automatic entries into the relevant Monthly Draw and the Major Draw for every $1,000 (inclusive of GST) spent on Hardie Fine Texture Cladding, Hardie Brushed Concrete Cladding or Hardie Oblique Cladding product/s and associated accessories at a Participating Store during the Promotional Period. For example, if an eligible entrant spends $4,400 (inclusive of GST) on any Hardie Fine Texture Cladding product/s at a Participating Store during the Promotional Period, the eligible entrant will be awarded eight (8) entries into the draws;

    In the event that an eligible entrant completes the minimum $1,000 (inclusive of GST) spend requirement as per the above, they will receive the following bonus automatic entries into the draw by completing any (or all) of the additional actions as follows:

    1. Two (2) automatic entries into the relevant Monthly Draw and the Major Draw for attending a Big River x James Hardie store event. For clarity, if an eligible entrant attends two (2) Big River x James Hardie store events, that eligible entrant will receive four (4) bonus automatic entries; and
    2. Twenty (20) automatic entries into the relevant Monthly Draw and the Major Draw for setting up a Trade Account with the Promoter.
  10. For clarity, unless otherwise stated, 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.
  11. Incomplete transactions/orders will be deemed invalid.
  12. Entrants must retain a copy of their purchase receipt/s as proof of purchase from a Participating Store. Failure to produce 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.
  13. 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.
  14. If, during the Promotional Period and until the prize is awarded, any 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 the 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).
  15. 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.
  16. Entries will be divided into State Groups as follows: QLD, NSW and ACT/VIC/SA. There will be one (1) monthly draw conducted for each State Group for a total of three (3) monthly draws (each a “Monthly Draw”). For clarity, there will be a total of nine (9) Monthly Draws for the entire promotion. There will also be one (1) major draw (“Major Draw”) conducted for all entries received at each Participating Store. 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, 3 Amy Close, Wyong NSW 2259 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. Winners (first initial, last name and postcode) will be published at winwithhardie.com.au/brg2024 on the dates outlined in the table below. All non-winning entries in each Monthly Draw will be entered into subsequent Monthly Draws and all entries will be entered into the Major Draw.
    Draw Date Entries Open Date Entries Close Date and time of prize draw Date winner’s published
    Monthly Draw 1 1 September 2024 30 September 2024 7 October 2024 at 11AM AEST 11 October 2024
    Monthly Draw 2 1 October 2024 31 October 2024 7 November 2024 at 11AM AEDT 11 November 2024
    Monthly Draw 3 1 November 2024 30 November 2024 6 December 2024 at 11AM AEDT 11 December 2024
    Major Draw 1 September 2024 30 November 2024 6 December 2024 at 11AM AEDT 11 December 2024
  17. The first valid entry drawn in the Major Draw will win the winner’s choice of either:
    1. A trip for two (2) adults to Tokyo, Japan, valued at up to $40,000. Prize includes:
      1. Return international business airfares from the winner’s capital city to Tokyo, Japan;
      2. Return ground transfers between the airport and hotel in Japan;
      3. Seven (7) nights’ accommodation at Muwa Niseko, Japan including breakfast;
      4. Ski hire and lift passes for Niseko, Japan; and
      5. Prepaid VISA gift cards up to the balance of AU$40,000 (final amount to be determined once the winner’s flights and accommodation has been booked);

      OR

    2. A trip for two (2) adults to Maldives, valued at up to $40,000. Prize includes:
      1. Return international business airfares from the winner’s capital city to Malè City, Maldives;
      2. Return ground transfers between the airport and hotel in Maldives;
      3. Seven (7) nights’ accommodation at Summer Beach, Maldives including breakfast and dinner; and
      4. Prepaid VISA gift cards up to the balance of AU$40,000 (final amount to be determined once the winner’s flights and accommodation has been booked).

    Additional spending money, additional meals, taxes (excluding airline and airport taxes), insurance, passports, visas, vaccinations, 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 is subject to booking and flight availability. The winner and their companion are responsible for ensuring that they have a valid passports, and any requisite visas, vaccinations and travel documentation. The winner and their companion must depart from and return to the same departure point and travel together. Itinerary to be determined by the Promoter in its absolute discretion. 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. The winner may be required to present their credit card at time of accommodation check in.

  18. The first valid entry drawn in each State Group’s Monthly Draw will win the winner’s choice of either:
    1. 6 x $500 Accor Gift Cards and 1 x $1,000 Visa Debit Card, valued at a total of $4,000; OR
    2. 1 x Apple Tech Pack including 1 x Airpods Max (Space Grey), 1 x Apple Macbook Air 15-inch with M3 chip 10-core GPU 512GB/116GB (Midnight) and 1 x Apple Watch Ultra 2 49mm Titanium, valued at a total of $3,975; OR
    3. 1 x Breville The Oracle Touch Coffee Machine, valued at $3,399; OR
    4. 1 x Adventure Prize Pack including 1 x Fishing Kayak 32m, 1 x Oztent RX 5 Tent with Living Room and 2 x Dune 4WD Nomad II Delux XL Chairs, valued at $3,756.
  19. Any ancillary costs associated with redeeming a voucher/gift card is not included. Any unused balance of a voucher/gift card will not be awarded as cash. Redemption of a voucher/gift card is subject to any terms and conditions of the issuer including those specified on the voucher/gift card itself.
  20. Subject to the unclaimed prize draw clause, if for any reason a winner does not take a prize (or an element of a prize) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
  21. 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.
  22. Total prize pool value is up to $76,000.
  23. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
  24. ‘Apple AirPod Max’, ‘Apple Macbook Air’ and ‘Apple Watch’ are trade marks of Apple Inc. Apple Inc. is not a participant in or sponsor of this promotion.
  25. The Promoter’s decision is final, and no correspondence will be entered into.
  26. A draw for any unclaimed prizes may take place on 13 January 2025 at the same time and place as the original Monthly Draws, subject to any directions from a regulatory authority. Winners, if any, will be notified by in writing and by telephone within two (2) business days of the draw and their first initial, last name and postcode will be published at winwithhardie.com.au/brg2024 from 17 January 2025.
  27. 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.
  28. 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.
  29. 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.
  30. 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.
  31. 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 https://www.jameshardie.com.au/privacy-policy. 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.
     
    NSW Authority Number TP/01457. SA Permit No. T24/ 1450. ACT Permit No. TP24/ 01891.