JAMES HARDIE “WIN WITH HARDIE BIG RIVER 2023” 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 Ave Mt Druitt NSW 2770
Big River Dandenong South 24 – 32 Discovery Road Dandenong South VIC 3175
Big River Meadowbrook 45 Ellerslie Rd Meadowbrook QLD 4131
Big River Welshpool 255 Treasure Rd Welshpool WA 6106
Big River Kiama 113 Shoalhaven St Kiama NSW 2533
Big River Canberra 13 Sheppard St Hume ACT 2620
Big River Geelong 15 – 17 Leather St Breakwater VIC 3219
Big River Sunshine Coast 10 Main Dr Warana QLD 4575
Big River Hillcrest 22-24 Johnson Rd Hillcrest QLD 4118
Big River Gold Coast 11 Central Dr Burleigh Heads QLD 4220
Big River Townsville Cne Anne & Rendle Sts Aitkenvale QLD 4814
Big River Edinburgh North 10 Kingstag Cres Edinburgh Nth SA 5113
Big River Dry Creek 142 Cavan Road Dry Creek SA 5094
Big River Midland 30 Clayton St Bellevue WA 6056
Big River Albion Park 3 Durgadin Dr Albion Park Rail NSW 2527
Big River Epping Cnr Cooper & Duffy St Epping VIC 3076
  1. 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.
  2. 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 31/10/2023 in order to be eligible to claim any prize. 
  3. 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.
  4. The promotion commences on 01/08/2023 and closes at 5:00PM AEDST on 31/10/2023 (“Promotional Period”).
  5. 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 https://winwithhardie.com.au/bigriver. 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. 
  6. 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: 

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: 

For clarity, the additional actions above may only be completed once.

  1. 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. 
  2. Incomplete transactions/orders will be deemed invalid. 
  3. 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. 
  4. 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.
  5. 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). 
  6. 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.
  7. Entries will be divided into the following State/Territory groups, in accordance with the Participating Store’s location: QLD; NSW/ACT; and VIC/SA/WA (each a “Group”).
  8. There will be three (3) monthly draws (each a “Monthly Draw”) conducted for each Group and one (1) major draw from all entries received for each Group during the Promotional Period (“Major Draw”).  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 will be published at https://winwithhardie.com.au/bigriver 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 (winning and non-winning) will be entered into the Major Draw.  Major Draw will take place in the presence of an independent scrutineer.
Draw Date Entries Open Date Entries Close Date and time of prize draw Date winner’s published
Monthly Draw 1  01/08/2023 31/08/2023 11:00AM AEST on 13/09/2023 20/09/2023
Monthly Draw 2 01/09/2023 30/09/2023 11:00AM AEDST on 11/10/2023 18/10/2023
Monthly Draw 3 01/10/2023 31/10/2023 11:00AM AEDST on 08/11/2023 15/11/2023
Major Draw 01/08/2023 31/10/2023 11:00AM AEDST on 08/11/2023 15/11/2023
  1. The first valid entry drawn in Monthly Draw 1 for each Group will each win a pair of Apple AirPods Max headphones valued at RRP $899.
  2. The first valid entry drawn in Monthly Draw 2 for each Group will each win a JB Hi-Fi valued at $1,000.
  3. The first valid entry drawn in Monthly Draw 3 for each Group will each win a pair of Apple AirPods Max headphones valued at RRP $899.
  4. The first valid entry drawn in the Major Draw will win the winner’s choice of either:
  1. If the winner is, through any legal incapacity or otherwise, unable to register any prize won in the Major Draw in their own name, the winner may assign the prize to another person (who consents to such assignment) with legal capacity for the purpose of registration. The Promoter takes no responsibility for any such arrangements between the winner and the assignee. The winner must provide the Promoter with certified copies of all required documentation as required by the Promoter before the prize is awarded.
  2. Additional insurance, options, petrol and all other ancillary costs are the responsibility of the Major Draw winner. 
  3. Any ancillary costs associated with redeeming the JB Hi-Fi voucher is not included. Any unused balance of the JB Hi-Fi voucher will not be awarded as cash. Redemption of the JB Hi-Fi voucher is subject to any terms and conditions of the issuer including those specified on the JB Hi-Fi voucher itself. 
  4. If for any reason a winner does not take the prize (or an element of the prize) at the time stipulated by the Promoter, then the prize (or element of the prize) will be forfeited and will not be redeemable for cash. 
  5. 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. 
  6. 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.
  7. Total prize pool value in each State/Territory group is up to $35,793. 
  8. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified. 
  9. ‘Apple AirPod Max’ is a trade mark of Apple Inc.  Apple Inc. is not a participant in or sponsor of this promotion.
  10. The Promoter’s decision is final, and no correspondence will be entered into.
  11. A draw for any unclaimed prizes may take place on 11/12/2023 at the same time and place as the original 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 name will be published at https://winwithhardie.com.au/bigriver from 18/12/2023.
  12. 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.
  13. 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.
  14. 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.
  15. 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. 
  16. 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. TP23/1101. ACT Permit No. TP23/01432