Irwin Tools – Win $5,000 plus $200 every day

Terms & 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. Entry is only open to Australian and New Zealand residents aged 16 years or over.

3. Entrants between the ages of 16 and up to but not including 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.

4. 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.

5. Promotion commences at 9:00am AEDST on 17/03/2014 and ends at 11:59pm AEST on 17/04/2014 (“Promotional Period”).

6. To be eligible to enter, individuals must purchase any Irwin Tools Impact Performance Series product (no minimum spend required) from any store in Australia or New Zealand where the products are shelved during the Promotional Period (“Qualifying Purchase”).

7. To enter, individuals must then complete the following steps during the Promotional Period:

(a) visit the Irwin Tools ANZ Facebook Page at www.facebook.com/IrwinToolsANZ (“Facebook Page”);

(b) follow the prompts to the promotional entry page;

(c) input the requested details (including the full name, trade/occupation, postcode, country, mobile number, a valid email address, and the last 6 digits of the Irwin Tools Impact Performance Series product barcode number); and

(d) submit the fully completed entry form.

8. Incomplete or indecipherable entries will be deemed invalid.

9. Multiple entries permitted, subject to the following: (a) only one (1) entry permitted per Qualifying Purchase; (b) only one (1) entry permitted per person per day; (c) each entry must be submitted separately and in accordance with entry requirements; and (d) only one (1) Daily Prize (defined below) permitted per person (excluding residents of SA).

10. Entrants must retain a copy of their 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 that an Irwin Tools Impact Performance Series product was purchased during the Promotional Period but prior to entry.

11. 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.

12. 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.

13. There will be one (1) draw conducted for the entries received each day of the Promotional Period (“Daily Draw”), for a total of thirty-two (32) Daily Draws. There will be one (1) draw conducted for all entries received during the Promotional Period (“Major Draw”). Subject to the starting and closing time of the Promotional Period, entries into each Daily Draw will open and close each day based on local Melbourne time. Entries in each Daily Draw will NOT be entered into any subsequent Daily Draw(s), however, all entries (including the Daily Draw winners) will be entered into the Major Draw.

14. All draws will take place at Prime Focus, Suite 403 / 62 Beach Street, Port Melbourne VIC 3207. Each Daily Draw will take place at 12:00pm (local Melbourne time) on the business day after entries close for that Daily Draw, with the first Daily Draw taking place on 18/03/2014 and the last Daily Draw taking place on 22/04/2014. The Major Draw will take place at 12:00pm AEST on 22/04/2014. The Promoter may draw additional reserve entries in each draw and record them in order in case an invalid entry or ineligible entrant is drawn. For the removal of doubt, no draws will be conducted during the weekend or on a public holiday in Victoria.

15. Winners will be notified in writing by email within two (2) business days of the relevant draw and their names will be published online at www.facebook.com/IrwinToolsANZ from 28/04/2014.

16. The Promoter’s decision is final and no correspondence will be entered into.

17. The first valid entry drawn in each Daily Draw will each win the following prize package, valued at AU$400 (“Daily Prize”):

AU$200 awarded in the form of an EFTPOS Card (if the winner is from Australia) or in the form of an electronic funds transfer into the winner’s nominated account (if the winner is from New Zealand); and
An Irwin Tools branded punching bag, valued at AU$200.

18. The first valid entry drawn in the Major Draw will AU$5,000 awarded in the form of an EFTPOS Card (if the winner is from Australia) or in the form of an electronic funds transfer into the winner’s nominated account (if the winner is from New Zealand) (“Major Prize”).

19. Any ancillary costs associated with redeeming the EFTPOS Card are not included. Redemption of the EFTPOS Card is subject to any terms and conditions of the issuer including those specified on the EFTPOS CARD. EFTPOS Cards are valid anywhere EFTPOS is accepted, at the merchant’s discretion. EFTPOS Card cannot be used to withdraw cash at an ATM. For more information about the EFTPOS Card, visit www.giftcardplanet.com.au.

20. If a winner 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.

21. Subject to the unclaimed prize draw clause, if for any reason a winner does not take a prize (or an element of the 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. Total prize pool value is AU$17,800.

24. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.

25. A draw for any unclaimed prizes may take place on 22/07/2014 at the same time and place as the original draw, subject to any directions from a regulatory authority. Winners, if any, will be notified in writing by email within two (2) business days of the draw and their names will be published online at www.facebook.com/IrwinToolsANZ from 28/07/2014.

26. 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.

27. 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.

28. Any cost associated with accessing the Facebook Page is the entrant’s responsibility and is dependent on the Internet service provider used.

29. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.

30. 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 or any statutory consumer guarantees as provided under consumer protection laws in New Zealand (“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.

31. 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 and/or use of a prize.

32. As a condition of accepting a prize, each winner must 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 years, that winner’s nominated parent/legal guardian must sign any legal documentation as and in the form required by the Promoter on the winner’s behalf.

33. 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 accessed by visiting www.irwin.com.au. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may also, 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. Entrants should direct any request to opt out, access, update or correct PI to the Promoter and direct any complaints regarding treatment of their PI according to the Privacy Policy. All entries become the property of the Promoter. Entrants’ PI will not be disclosed to any entity outside of Australia.

34. Entry and continued participation in the promotion is dependent on entrants following and acting in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at www.facebook.com/terms.php.

35. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants understand that they are providing their information to the Promoter and not to Facebook. The information an entrant provides will only be used for the purposes outlined in these Terms and Conditions. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Facebook. Facebook will not be liable for any loss or damage or personal injury which is suffered or sustained by an entrant, as a result of participating in the promotion (including taking/use of a prize), except for any liability which cannot be excluded by law.

36. The laws of Australia apply to this promotion to the exclusion of any other law. Entrants submit to the exclusive jurisdiction of the courts of Australia.

37. The Promoter is Irwin Industrial Tool Company Pty Ltd (ABN 30 005 543 966) of 500 Princes Highway, Noble Park Victoria 3174, telephone (03) 8762 4333 (in Australia) and Irwin Industrial Tool Company Limited of 158 Bush Road, Albany, Auckland 1311, telephone (09) 415 2400 (in New Zealand).

NSW Permit No. LTPS/13/10327, VIC Permit No. 13/3106, ACT Permit No. TP13/04793, SA Permit No. T13/2409