Home Timber and Hardware – Win a 2017 Holden Astra Rs-V With Automatic Transmission (prize valued at $35,680)

DIY REWARDS WIN A HOLDEN ASTRA 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 Home Timber & Hardware Group Pty Ltd (ABN 64 004 037 049) of 15 Corporate
Drive, Heatherton, VIC 3202, telephone 1300 131 843 (“Promoter”).
3. Entry is only open to residents of Australia aged 18 years or over who are members of the Home
Timber and Hardware DIY Rewards loyalty program and have a DIY Rewards loyalty membership
card. Entrants must have an up to date valid mobile number and/or email address listed on their DIY
Rewards loyalty membership to be eligible to gain an entry. Entrants can locate the full DIY Rewards
loyalty membership Terms and Conditions at https://www.homehardware.com.au/legal/diy-rewards-
terms/.
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 on 02/10/2017 and ends at 11:59pm AEDST on 31/12/2017 (“Promotional
Period”).
6. To enter, and receive an automatic entry into the draw, eligible individuals must spend $25 or more
(including GST) in a single transaction at a participating Home Timber & Hardware store in Australia
and scan their DIY Rewards loyalty membership card at the time of making the transaction
(“Qualifying Transaction”). See www.homehardware.com.au for list of participating Home Timber &
Hardware stores. One automatic entry will be awarded for each $25 (incl. GST) spent in a single
transaction. For example, if an individual spends $50 (incl. GST) in a single transaction (scanning
their DIY Rewards loyalty membership card) they will receive two (2) automatic entries into the draw.
Products purchased using DIY Rewards loyalty membership points will also be considered valid for
the purposes of this promotion.
7. Incomplete or indecipherable entries will be deemed invalid.
8. Entrants must retain their purchase invoice(s) (either the original or a copy) 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 invoices(s) must clearly specify the participating Home Timber & Hardware
store of purchase, and that the purchase was made during the Promotional Period but prior to entry.
9. 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.
10. 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.
11. The draw will take place at Database Consultants Australia, Level 5, 355 Spencer Street, West
Melbourne, VIC 3003 at 2:00pm AEDST on 15/01/2018. 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 by email and telephone within two (2) business days of the draw and their name will be
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published online at www.homehardware.com.au from 21/01/2018. In the event of an SA winner, their
name will also be announced in The Advertiser on 21/01/2018.
12. The Promoter’s decision is final and no correspondence will be entered into.
13. The first valid entry drawn will win a 2017 Holden Astra RS-V with automatic transmission. Total prize
value is up to AU$35,680 including registration, compulsory third party insurance, stamp duty and
dealer delivery charges (which may vary State by State). 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 Home Timber and Hardware store in which they made the
winning Qualifying Transaction or their nearest authorised Holden dealer, as specified to them by the
Promoter. All costs associated with collection of the prize will be the responsibility of the winner. The
Promoter will not be liable for any costs and/or damages, if any are incurred, suffered or caused,
associated with the collection of the prize.
14. If the winner is, through any legal incapacity or otherwise, unable to register the car in their own
name, then the winner may assign the car 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 winner and the assignee. The winner must provide the Promoter with
certified copies of all required documentation as required by the Promoter before the car is awarded.
It is a condition of accepting the prize that the winner may be required to sign a legal release in a form
to be determined by the Promoter in its discretion.
15. Subject to the unclaimed prize draw clause, if for any reason the winner does not take the prize by the
time stipulated by the Promoter, then the prize will be forfeited.
16. If the 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, subject to any written directions from a regulatory
authority.
17. Total prize pool value is up to $35,680
18. The prize is not transferable or exchangeable and cannot be taken as cash, unless specified
otherwise.
19. A draw for the prize, if unclaimed, will take place at 2:00pm AEST on 16/04/2018 at the same place
as the original draw, subject to any directions from a regulatory authority. The winner, if one is
required, will be notified by telephone and email within two (2) business days of the re-draw and their
name will be published online at www.homehardware.com.au from 30/04/2018. In the event of an SA
winner, their name will also be announced in The Advertiser on 30/04/2018.
20. 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.
21. 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.
22. 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.
23. The Promoter will not be liable for any tax obligations arising out of participation in this promotion
(including acceptance of a prize). Entrants should seek independent financial advice in this regard.
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24. 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,
ACT, VIC, TAS 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, agents, franchisees and franchise owners) 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.
25. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the
Promoter (including its respective officers, employees, agents, franchisees, and franchise owners) are
not responsible for and exclude 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 tax liability
incurred by a winner, winner’s employer or entrant; or (e) taking/use of the prize.
26. As a condition of accepting the prize, the 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.
27. 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.homehardware.com.au/legal/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
may disclose entrant’s personal information to selected entities outside of Australia – see Privacy
Policy for details.
NSW Permit No. LTPS/17/16775. ACT Permit No. TP17/01566. SA Permit No. T17/1489