JAMES HARDIE “WWH FINLAYSONS TRADE” 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 four (4) stores in Queensland (each a “Participating Store”):  

 

Store Name	Address	Suburb	State	Postcode
Finlaysons Trade	135 Wellington Rd,	East Brisbane	QLD	4169
Finlaysons Trade	Cnr Spine and Bullockhead Streets	Sumner Park	QLD	4074
5 Star Timber	206 Ewing Road,	Woodridge	QLD	4127
Gooding Timber	17 Calabro Way,	Burleigh Heads	QLD	4220

 

4. Entry is only open to QLD residents 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 30/11/2023 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 01/08/2023 and closes at 5:00PM AEST on 30/11/2023 (“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/finlaysons/. 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: 

• One (1) automatic entry for every $1,000 (inclusive of GST) spent on Linea^TM Weatherboard, Axon^TM Cladding, Stria^TM Cladding, Matrix^TM Cladding, Secura^TM Interior Flooring, Secura^TM Exterior Flooring and/or Hardie^TM Groove Lining including accessories at a Participating Store during the Promotional Period. For example, if an eligible entrant spends $4,400 (inclusive of GST) on Linea^TM Weatherboard 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 $1,000 (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 $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 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 four (4) monthly draws (each a “Monthly Draw”) conducted for entries received at each Participating Store and one (1) major draw from all entries received 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. All non-winning entries in each Monthly Draw will be entered into any subsequent Monthly Draws and all entries (winning and non-winning) will be entered into the Major Draw.  

 

Draw	Date Entries Open	Date Entries Close	Date and time of prize draw
Monthly Draw 1	01/08/2023	31/08/2023	11:00AM AEST on 13/09/2023
Monthly Draw 2	01/08/2023	30/09/2023	11:00AM AEST on 11/10/2023
Monthly Draw 3	01/08/2023	31/10/2023	11:00AM AEDST on 10/11/2023
Monthly Draw 4	01/08/2023	30/11/2023	11:00AM AEDST on 11/12/2023
Major Draw	01/08/2023	30/11/2023	11:00AM AEDST on 11/12/2023

 

17. The first valid entry drawn in Monthly Draw 1 for each Participating Store will each win a Sonos Roam Portable Speaker valued at RRP $299. 
18. The first valid entry drawn in Monthly Draw 2 for each Participating Store will each win a Skullcandy Crusher Evo valued at RRP $299.
19. The first valid entry drawn in Monthly Draw 3 for each Participating Store will each win a Garmin Instinct Sports Watch valued at $499. 
20. The first valid entry drawn in Monthly Draw 4 for each Participating Store will each win a Zero-X Pro Pulsar Foldable 4K Drone valued at RRP $449. The Promoter encourages winners of a drone prize to research the rules and regulations of drone use in their area prior to using the drone prize. The Promoter takes no responsibility in the event a winner’s use of the drone prize is found to be in breach of the applicable rules and regulations. 
21. The first valid entry drawn in the Major Draw will win a $15,000 travel voucher for Free2Travel.
22. Any ancillary costs associated with redeeming the travel voucher are not included. Any unused balance of the travel voucher will not be awarded as cash. Redemption of the travel voucher is subject to any terms and conditions of the issuer including those specified on the travel voucher. 
23. 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. 
24. 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. 
25. 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.
26. Total prize pool value is $21,184. 
27. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified. 
28. The Promoter’s decision is final, and no correspondence will be entered into.
29. A draw for any unclaimed prizes may take place on 09/01/2024 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.
30. 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.
31. 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.
32. 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.
33. 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. 
34. 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 http://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.