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“WIN A DIAMOND GRINDER FOR EASTER” PROMOTION TERMS AND CONDITIONS
Promotion Name Win a Diamond Grinder for Easter Promotion Promoter The Promoter is Dulux Australia a division of DuluxGroup (Australia) Pty Ltd (ABN 67 000 049 427) of 1956 Dandenong Road Clayton, Victoria 3168, telephone number: 03 9263 5678. Promotion Type Game of chance. Promotion Period The Promotion will commence at 6.00am (AEST) on Monday 16/03/2015 and close at 11.59pm on Friday 24/04/2015. Participating Store Stores participating in the Promotion are selected Dulux Trade Centre stores and Dulux stockists within Australia. Participating Stores will display promotion materials. If in doubt, an entrant may ask a store whether or not they are participating in the Promotion. Entry Restrictions This promotion is only open to individuals and businesses/companies that hold a Dulux Trade Customer account. Entrants under 18 years old must have parental/guardian approval to enter and further, the parent/guardian of the entrant must read and consent to these Terms and Conditions. Parents/guardians may be required by the Promoter to enter into a further agreement as evidence of consent to the minor entering this promotion. Employees (and their Immediate Families) of the Promoter, the Participating Store or any of their respective parent companies, subsidiaries or affiliated companies, or any 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, parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, stepsister or first cousin and the persons referred to above includes natural and non-natural relations (in the opinion of the Promoter) and the Promoter is responsible for determining whether a person is an eligible entrant in its absolute discretion. How to enter To enter and be eligible to win, an eligible individual or an authorised representative of an eligible business/company must, during the Promotion Period, purchase 30 LITRES OF DULUX LUXAFLOOR® OR DURESEAL® FLOORING PRODUCTS in a single transaction from a Participating Store (Qualifying Purchase) using their DULUX TRADE ACCOUNT. Entry is automatic on purchase. Prize draw A random electronic prize draw will be conducted at Anisimoff Legal, Level 5, 492 St Kilda Road, Melbourne, Victoria 3004 by a representative of the Promoter at 11am AEST on 30/04/2015. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. The first two (2) valid entries randomly drawn from all valid entries received nationally during the Promotion Period (excluding previous winners of any Dulux promotion conducted by the Promoter) will win a prize as detailed below. Prize details Prize is a BLASTRAC BMG-435WD concrete floor diamond grinder. Two (2) prizes will be awarded in total. Each diamond grinder is valued at $9,659.00 including GST (See the Parchem EQUIPMENT DATA SHEET attached for details). Total prize pool $19,318
Notification Winners will be notified by phone and in writing within two (2) business days of the applicable draw and will be advertised at
www.duluxprotectivecoatingscom.au and in The Australian newspaper on 08/05/2015. Prize Claim Date and Time Prizes must be claimed within 3 months of the Prize draw date of 30/04/15.
Unclaimed Prize Draw
If a prize remains unclaimed or is forfeited for any reason, the Promoter may conduct a further draw or draws as the Promoter deems necessary to distribute any unclaimed prize(s), subject to any written directions under relevant Lottery and Gaming Regulations. The Unclaimed Prize Draw (if any) shall take place 11am AEST on 03/08/2015 at the same location as the original draw. Winner/s (if any), will be notified by phone and in writing within two (2) business days of the unclaimed prize draw date and their name will be published at
www.duluxprotectivecoatingscom.au and in The Australian newspaper on 14/08/2015. Entry Limits Eligible entrants who purchase multiples of 30 litres of eligible flooring products in a single transaction will receive multiple chances to win – every 30 litre purchase of the eligible products in a single transaction as stated above represents one entry. Verification /Proof of Purchase Entrants must retain their original purchase receipt(s) for all entries as proof of purchase. 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 during the Promotion Period. Receipt/s must be retained until a prize has been received. Addition prize terms If any prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification.
Trade Account Holders
Dulux Trade Account Holder Customers must not be in breach of the Promoter’s trading terms at any time during the Promotion Period and must not have overdue monies owing as at the closing date in order to be eligible to claim any prize. Each Dulux Trade Account Holder Customer’s account must be paid in full by the agreed trading terms of the Dulux Trade Account to be eligible to claim any prize. All other normal trading conditions of the Promoter apply.
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Permit Numbers Authorised under NSW Permit No. LTPS/15/00769, VIC Permit No. 15/225, ACT Permit No. TP15/04636, SA Permit No. T15/175 1. Information on how to enter the Win a Diamond Grinder for Easter Promotion and prizes form part of these Terms and Conditions. Participation in this competition is deemed acceptance of these Terms and Conditions. 2. All entrants acknowledge that the Promoter can rely on these Terms and Conditions even if the Promoter only learns of a person’s ineligibility after the Promoter has awarded a prize to the ineligible person. Return of the prize or payment of its equivalent value to the Promoter may be required by the Promoter if this occurs. 3. Entry is only open to those who meet the criteria outlined in the Entry Restriction section above. 4. In the case of a winning business/company, the prize will be awarded to the owner or manager (as determined by the Promoter) of the respective winning business/company who may, in his/her absolute discretion, allocate the prize to any employee of that business/company. 5. Each entrant is responsible for ensuring his or her familiarity with these Terms and Conditions at the time of participation. The Promoter’s decision not to enforce a specific restriction (whether communicated to an entrant or not) does not constitute a waiver of that restriction or of these Terms and Conditions generally. 6. Incomplete and indecipherable purchases/entries and any entry which has incorrectly entered personal information or contact details shall be deemed an invalid entry. Furthermore, the Promoter at its sole discretion, may disqualify any entry deemed by the Promoter to be a purchase for a commercial property. No responsibility is accepted by the Promoter for late, lost, misdirected, ineligible or illegible/inaudible entries (including lost, stolen, forged, defaced or damaged proof of entry or things required by the Verification/Proof of Purchase Requirements). 7. The Promoter’s decision in relation to any aspect of these Term and Conditions and the Promotion is final and binding on every person who enters. No correspondence will be entered into. 8. 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, 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 Win a Diamond Grinder for Easter Promotion as appropriate. 9. If a winner of any prize is under the age of 18 years, the prize will be awarded to the winner's nominated parent or guardian on the winner’s behalf. 10. 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. 11. Each entrant acknowledges that there may be inherent risks involved in entering this Promotion or taking or participating in the prize(s). As a condition of accepting the prize, a winner may be required to sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form. In the event a winner is under the age of 18, a nominated parent/legal guardian of such person will be required to sign the legal documentation required under this clause on their behalf. 12. The Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, communication network, computer equipment, software, technical problems or traffic congestion on the Internet or at any web site, or any combination thereof, including any error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise, injury or damage to entries or to participants' or any other person's computer related to or resulting from participation in or down-loading any materials in this Promotion. 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 to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. 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. 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. 14. The Promoter may, in its sole discretion, declare any or all entries made by an entrant invalid, and/or prohibit further participation by an entrant in this Promotion or a prize event/activity if the entrant: a. disrupts, annoys, abuses, threatens, harasses or attempts to do any of these things to the Promoter, another entrant or potential entrant of, or anyone else associated with, this Promotion; or b. engages in conduct in relation to this Promotion which is misleading, deceptive, fraudulent or damaging to the Promoter's goodwill or reputation. 15. The Promoter may communicate or advertise this competition using Facebook. However, the competition is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants are providing their information to the Promoter and not to Facebook. Each entrant completely releases Facebook from any and all liability. 16. Subject to the unclaimed prize draw clause, if for any reason a winner does not take a prize by the time stipulated by the Promoter, then the prize will be forfeited.
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17. The prize(s) and/or parts of the prize(s) is/are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified by the Promoter. If a prize, or an element of a prize, is unavailable for any reason, the Promoter reserves the right to substitute another prize of equal or greater value for that prize, or element of it, subject to the approval of any relevant authority. The Promoter and its representatives will not be liable for any damage to or delay in transit of prizes. 18. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter the Promotion repeatedly is prohibited and will render entries submitted using such means as invalid. 19. 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 (“NonExcludable 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. 20. 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. 21. 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. 22. The Promoter collects personal information in order to conduct the Promotion and may, for this purpose, disclose such information to third parties including but not limited to its related bodies corporate, agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this information. If entrants do not provide the information requested they will not be able to enter the Promotion. 23. In addition to the privacy term set out above, if the entrant has ticked the "opt-in" box, the Promoter may also use personal information entrants provide to send information about the Promoter’s products and services (including via electronic means), and may disclose the information to its related bodies corporate, agencies and contractors (including call centres, advertising agencies and direct mail houses) the Promoter engages for that purpose. 24. CAUTION: Any attempt to deliberately undermine the legitimate operation of this Promotion may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, the Promoter reserves the right to refer the matter to law enforcement authorities and/or to seek damages or such other civil remedies as the Promoter may determine from time to time to the fullest extent permitted by law. 25. The Promoter is bound by the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). A copy of the Promoter's privacy policy can be viewed at
http://duluxprotectivecoatings.com.au/privacy-policy.html. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their personal information, 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 entrant’s personal information to any entity outside of Australia.
Australian Competitions Club
