“WIN WITH HARDIE™ SUNSHINE MITRE 10” 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. A purchase at a Participating Store (defined as follows) is required to take part in this promotion, with such purchases to be at their normal retail value. Participating stores are set out in the table below (each a “Participating Store”):
   

   Participating Store	Address
   Noosa Sunshine Mitre 10	16 Venture Drive, Noosa Qld 4566
   Kunda Park Sunshine Mitre 10	520 Maroochydore Road Kunda Park Qld 4556
   Gympie Sunshine Mitre 10	3 Langton Road Gympie Qld 4570
   Nambour Sunshine Mitre 10	980 Nambour Connection Road Nambour 4560
   Cooroy Sunshine Mitre 10	18 Maple St Cooroy 4563
   Kingaroy Sunshine Mitre 10	Lot 10 Rogers Drive Kingaroy 4610
   Caloundra Sunshine Mitre 10	5 Sydal Street Caloundra 4551
   Dalby Sunshine Mitre 10	42 Patrick Street Dalby 4405
   Roma Sunshine Hardware & Rural	49 Mcdowall Street Roma 4455
   Weipa Sunshine Mitre 10	2 Iraci Crescent Weipa 4574
   Mareeba Sunshine Mitre 10	91 Byrnes Street Mareeba 4880
   Kawana Sunshine Mitre 10	16 Main Drive Kawana 4575
   Bundaberg Sunshine Mitre 10	1 Electra Street Bundaberg 4670
   St George Sunshine Mitre 10	147-161 Grey Street St George 4487
   North Lakes Sunshine Mitre 10	49 Stapylton Street North Lakes 4509
   Aura Sunshine Mitre 10	15 Edison Crescent Aura 4551

4. Entry is only open to QLD residents aged 18 years or over who hold a current trade account at a Participating Store during the Promotional Period (defined below).
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 the 31/07/2024 in order to be eligible to claim any prize.
6. 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.
7. The promotion commences on 17/04/2024 and closes at 5:00PM AEST on 31/07/2024 (“Promotional Period”).
8. 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 https://winwithhardie.com.au/sunshinem10/. 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 $500 (inclusive of GST) on any James Hardie Products” 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 Sunshine Mitre 10 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”.

9. Eligible Entrants will receive automatic entry into the relevant draw as follows:
   1. One (1) automatic entry for every $500 (inclusive of GST) spent on James Hardie products. For example, if an Eligible Entrant spends $2,200 (inclusive of GST) on James Hardie product/s on their trade account at a Participating Store during the Promotional Period, the Eligible Entrant will be awarded four (4) entries into the draw; and
   2. Two (2) automatic entries for every $500 (inclusive of GST) spent on Hardie™ Fine Texture Cladding, Hardie™ Oblique™ Cladding and Hardie™ Brushed Concrete Cladding product/s and associated accessories. For example, if an Eligible Entrant spends $2,200 (inclusive of GST) on Hardie™ Fine Texture Cladding product/s on their trade account at a Participating Store during the Promotional Period, the Eligible Entrant will be awarded eight (8) entries into the draw.

   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.

10. Incomplete transactions/orders will be deemed invalid.
11. 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 a Participating Store during the Promotional Period.
12. 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.
13. 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).
14. 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.
15. There will be three (3) Minor draws (each a “Minor 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 Minor 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 a winner within two (2) months of the relevant 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 https://winwithhardie.com.au/sunshinem10/ on the dates and times indicated in the table below. All non-winning entries from a Minor Draw will be entered into any subsequent Minor Draw/s. All entries will be entered into the Final Draw, including where those entries have won a Minor Draw.
    

    Draw	Date Entries Open	Date Entries Close	Date and time of prize draw	Number of winners	Winners published
    Minor Draw 1	17/04/2024	31/05/2024	14/06/2024 at 11am	1	21/06/2024
    Minor Draw 2	17/04/2024	30/06/2024	12/07/2024 at 11am	1	19/07/2024
    Minor Draw 3	17/04/2024	31/07/2024	14/08/2024 at 11am	1	21/08/2024
    Final Draw	17/04/2024	31/07/2024	14/08/2024 at 11am	1	21/08/2024

16. 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 the prize. The Prize Recipient must provide the Promoter with certified copies of all required documentation as required by the Promoter before the prize is awarded.
17. The first valid entry drawn from the Final Draw will win a FishPro Sport 170 Jetski and trailer valued at $25,599. Prize includes 12 months PWC QLD registration, 1x OTTIE 1JS4SS Stainless steel tiedown strap, 1x PITP G922 Flush fitting, 12months Trailer QLD registration and 2years warranty. Additional insurance, options, petrol and all other ancillary costs are the responsibility of the Prize Recipient. If the Prize Recipient is, through any legal incapacity or otherwise, unable to register the jetski/trailer in their own name, then the Prize Recipient may assign the jetski/trailer 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 Prize Recipient and the assignee. The Prize Recipient must provide the Promoter with certified copies of all required documentation as required by the Promoter before the jetski/trailer is awarded. It is a condition of accepting the prize that the Prize Recipient (or a representative of the Prize Recipient) may be required to sign a legal release in a form to be determined by the Promoter in its discretion.
18. The first valid entry drawn from each Minor Draw will win a $500 BCF (Boating Camping Fishing) gift card. Any ancillary costs associated with redeeming the gift card are not included. Any unused balance of the 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 the gift card.
19. 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.
20. The Promoter’s decision is final and no correspondence will be entered into.
21. If for any reason a Prize Recipient 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 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.
23. The total RRP value of the prize pool is AU$27,099. Prizes, or any unused portion of a prize are not transferable or exchangeable and cannot be taken as cash.
24. A draw for any unclaimed prizes may take place on 16/09/2024 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 https://winwithhardie.com.au/sunshinem10/ on 23/09/2024.
25. 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.
26. 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.
27. 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 NSW and QLD (“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.
28. 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.
29. 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 Williams, 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, 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.