Terms - Win With Hardie

“WIN WITH HARDIE™ BARWON TIMBER” 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 Level 17, 60 Castlereagh Street, Sydney NSW 2000, telephone: 131 103 (“Promoter”).
A purchase at the Participating Store (defined as follows) is required to take part in this promotion, with such purchases to be at their normal retail value. The Participating Store is Barwon Timber, 50 Fellmongers Rd, Breakwater VIC 3219 (“Participating Store”).
Entry is only open to Victorian residents aged 18 years or over who hold a current trade account at a Participating Store during the Promotional Period.
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 the 30/06/2024 in order to be eligible to claim any prize.
Employees (and their immediate families) of the Promoter, or any 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.
The promotion commences on 01/04/2024 and closes at 5:00PM AEST on 30/06/2024 (“Promotional Period”).
To be eligible to participate in this promotion and receive automatic entries in accordance with clause 9 below, entrants must:
1. at any time during the Promotional Period, register their details online at winwithhardie.com.au/barwontimber. 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; and
2. during the Promotional Period, spend a minimum of $1,000 (inclusive of GST) on any James Hardie products and associated accessories at a Participating Store on their trade account (“Qualifying Purchase”).
At the end of the Promotional Period, a validation exercise will be conducted between the Promoter and Barwon Timber to determine that both registration and the Qualifying Purchase elements have been met. Each entrant which successfully fulfils both criteria will be an “Eligible Entrant”.
Eligible Entrants will receive automatic entry into the relevant draw as follows:
1. One (1) automatic entry for every $1,000 (inclusive of GST) spent on any James Hardie products and associated accessories other than those listed in (ii), below. For example, if an Eligible Entrant spends $4,200 (inclusive of GST) on Matrix™ Cladding product/s on their trade account at the Participating Store during the Promotional Period, the Eligible Entrant will be awarded four (4) entries into the relevant draw (as detailed at clause 15); or
2. Two (2) automatic entries for every $1,000 (inclusive of GST) spent on Hardie™ Fine Texture Cladding, Hardie™ Oblique™ Cladding and Hardie™ Brushed Concrete Cladding and James Hardie Linea™ Weatherboard product/s and associated accessories. For example, if an Eligible Entrant spends $4,200 (inclusive of GST) on Hardie™ Fine Texture Cladding product/s on their trade account at the Participating Store during the Promotional Period, the Eligible Entrant will be awarded eight (8) entries into the relevant draw (as detailed at clause 15).
For clarity, the required spend amount does not have to be in a single transaction/order and can be made up of multiple transactions/orders at the Participating Store over the Promotional Period.
Incomplete transactions/orders will be deemed invalid.
Eligible Entrants must retain a copy of their purchase receipt(s) as proof of purchase from the 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 the Participating Store during the Promotional Period.
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.
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 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).
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.
There will be three (3) monthly draws (each a “Monthly Draw”) and one (1) final draw (the “Final Draw”) conducted for this Promotion. All winners will be chosen at random via a number generator. All Monthly Draws will take place at Night & Day, 34 Middleton Street, Highett VIC 3190 and the Final Draw will take place at Anisimoff Legal, 3 Amy Close, Wyong NSW 2259 on the dates and times indicated in the table below. The Final Draw will take place in the presence of an independent scrutineer. If, despite every reasonable effort, contact cannot be made with the winner within two (2) months of the draw, a new winner may be chosen. 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 winwithhardie.com.au/barwontimber on the dates and times indicated in the table below. All non-winning entries from a Monthly Draw will be entered into any subsequent Monthly Draw/s. All entries will be entered into the Final Draw, including where those entries have won a Monthly Draw.

Draw	Date Entries Open	Date Entries Close	Date and time of prize draw	Number of winners	Winners published
Monthly Draw 1	01/04/2024	30/04/2024	03/05/2024 at 11am AEST	1	07/05/2024
Monthly Draw 2	01/05/2024	31/05/2024	06/06/2024 at 11am AEST	1	07/06/2024
Monthly Draw 3	01/06/2024	30/06/2024	04/07/2024 at 11am AEST	1	08/07/2024
Final Draw	01/04/2024	30/06/2024	04/07/2024 at 11am AEST	2	08/07/2024

The first valid entry drawn from Monthly Draw 1 will win a pair of Bose QuietComfort® SE noise cancelling headphones valued at $350RRP.
The first valid entry drawn from Monthly Draw 2 will win a Paslode Nail Gun – Impulse Framemaster (B20580) valued at $1,150RRP
The first valid entry drawn from Monthly Draw 3 will win an EDGE Geelong gift card valued at $300.
The first valid entry drawn from the Final Draw will win a Flight Centre gift card valued at $25,000 and a Visa gift card valued at $5,000.
The next valid entry drawn from the Final Draw will win a Visa gift card valued at $5,000.
In the event of war, terrorism, state of emergency, pandemic or any other kind of disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion or suspend, substitute or modify a prize, subject to any written directions from a relevant regulatory authority.
Prizes 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. The Prize Recipient must provide the Promoter with certified copies of all required documentation as required by the Promoter before any prize is awarded.
The Promoter’s decision is final and no correspondence will be entered into.
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.
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.
The total value of the prize pool is $36,800. Prizes, or any unused portion of a prize are not transferable or exchangeable and cannot be taken as cash.
Any ancillary costs associated with redeeming a gift card are not included. Any unused balance of any gift card will not be awarded as cash. Redemption of a gift card is subject to any terms and conditions of the issuer including those specified on the gift card itself.
A draw for any unclaimed prizes may take place on 04/09/2024 at the same time and place as the original Final 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 winwithhardie.com.au/barwontimber on 06/09/2024.
Entrants consent to take part in such publicity as is requested by the Promoter, and consent to the Promoter using any content captured as part of that publicity including their name, likeness, image and/or voice in the event they are a winner (for example 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.
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 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.
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.
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 Barwon Timber, 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 where specific consent for these activities has been provided in advance in accordance with privacy laws, the Spam Act 2003 (Cth) and associated laws and regulations. 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. The Promoter will not disclose PI to any entity outside of Australia.