JAMES HARDIE “WIN WITH HARDIES BRIMS” PROMOTION

TERMS AND CONDITIONS

1. Information on how to enter and the prize(s) 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 Brims Builders Hardware – 23 Rivendell Dr, Tweed Heads South, NSW 2486 (the “Participating Store”). 
4. Entry is only open to NSW and QLD residents aged 18 years or over and who hold a trade account with the 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 15 November 2023 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 August 2023 and closes at 5:00PM AEST on 31 October 2023 (“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 https://winwithhardie.com.au/brims.  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 $500 (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: 

• One (1) automatic entry for every $500 (inclusive of GST) spent on participating James Hardie product/s at a Participating Store during the Promotional Period. For example, if an eligible entrant spends $2,200 (inclusive of GST) on participating James Hardie product/s at a Participating Store during the Promotional Period, the eligible entrant will be awarded four (4) entries into the draw;
• Two (2) automatic entries for every $500 (inclusive of GST) spent on Hardie™ Fine Texture Cladding, Hardie™ Oblique™ Cladding and Hardie™ Brushed Concrete including accessories product/s at a Participating Store during the Promotional Period. For example, if an eligible entrant spends $2,200 (inclusive of GST) on any Hardie™ Fine Texture Cladding, Hardie™ Oblique™ Cladding and Hardie™ Brushed Concrete including accessories product/s at a Participating Store during the Promotional Period, the eligible entrant will be awarded eight (8) entries into the draw. 

10. 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 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. There will be three (3) monthly draws (each a “Monthly Draw”) and one (1) major draw (the “Major Draw”) conducted for this promotion. Entries into each Monthly Draw and the Major Draw open and close on the dates and times indicated in the table below. All draws will take place at Anisimoff Legal, G13, 3 Amy Close, North Wyong NSW 2259 on the dates and times indicated below. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. The winner will be notified via telephone and email within two (2) business days of each Monthly Draw and the Major Draw and their name will be published at https://winwithhardie.com.au/brims on the dates indicated below. All entries will be entered into any subsequent Monthly Draws and the Major Draw. 

 

Draw	Date Entries Open	Date Entries Close	Date and time of prize draw	Winners published
Monthly Draw 1	01/08/2023	31/08/2023	14/09/2023 at 11AM AEST	19/09/2023
Monthly Draw 2	01/08/2023	30/09/2023	19/10/2023 at 11AM AEDT	24/10/2023
Monthly Draw 3	01/08/2023	31/10/2023	15/11/2023 at 11AM AEDT	20/11/2023
Major Draw	01/08/2023	31/10/2023	15/11/2023 at 11AM AEDT	20/11/2023

 

17. The first valid entry drawn in each Monthly Draw will each win a $250 Brims Gift Card. 
18. The first valid entry drawn in the Major Draw will win a KTM 350 EXC-F 6 Days Motorbike. Total prize is valued at up to $16,850 including registration, compulsory third party insurance, stamp duty and dealer delivery charges. Additional insurance, options, petrol and all other ancillary costs are the responsibility of the winner. The Promoter may, in its absolute discretion, accommodate the winner’s colour preference (excluding metallic options), subject to availability. The winner must collect the prize from the Participating Store. 
19. If the winner is, through any legal incapacity or otherwise, unable to register the motorbike in their own name, then the winner may assign the motorbike to another person (who consents to such assignment) with legal capacity for the purpose of registration. The Promoter takes no responsibility for 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 motorbike is awarded. It is a condition of accepting the prize that the winner may be required to sign a legal release form in a form to be determined by the Promoter in its discretion. 
20. Any ancillary costs associated with redeeming a Gift Card are not included. Any unused balance of a Gift Card will not be awarded as cash. Redemption of the Gift Card is subject to any terms and conditions of the issuer, including those specified on Gift Card.
21. Subject to the unclaimed prize draw clause, if for any reason the 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. 
22. If the prize (or part of the 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.
23. Total prize pool value is up to $17,600. 
24. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified. 
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 15 December 2023 at the same time and location as the original draw, subject to any directions from a regulatory authority. The winner, 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/brims from 18 December 2023. 
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) taking 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 TP/01457.