Promotion Name “Dulux Easter Scratch & Win Promotion”
Promoter The Promoter is DuluxGroup (Australia) Pty Ltd (ABN 67 000 049 427) of 1956 Dandenong Rd, Clayton VIC 3168. Ph: (03) 9263 5678
Promotion Type Game of chance.
Promotion Period The Promotion will commence on 15/03/23 and close at 11:59PM AEST on 15/04/23 (Promotion Period).
Participating Store Stores participating in this promotion are selected Bunnings Warehouse, IHG (including Mitre 10, Home Hardware, True Value Hardware, Thrifty Link Hardware), Paint Spot and Inspirations Paint stores nationally. Participating Stores will display promotional materials. If in doubt, an entrant may ask a store whether or not they are participating in the promotion. It is the responsibility of the entrant to check with the Participating Store as to which store category the outlet is in and subsequently which prizes are available to be won in the particular Participating Store.
Entry Restrictions This promotion is only open to residents of Australia who are aged 18 or over. Employees (and their Immediate Families) of the Promoter, Participating Stores or its parent companies, subsidiaries or affiliated companies, or any agencies associated with this promotion are ineligible to enter. “Employees” means any directors, management, employees, consultants, officers and contractors or other such people who perform work under the control of another in exchange for payment. “Immediate Family(ies)” 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, step-sister or first cousin and the persons referred to above includes natural and non-natural relations (in the opinion of the Promoter). The Promoter is responsible for determining whether a person is an eligible entrant in its absolute discretion. The Promoter may require entrants to provide reasonable proof that they meet the requirements for entry in the Promotion.
How to enter To be eligible to enter and be eligible to win, entrants must, during the Promotion Period, purchase any Dulux branded paint product (each an “Eligible Product”) in a single transaction from a Participating Store (Qualifying Purchase). After making their Qualifying Purchase, entrants must, during the Promotion Period, visit www.dulux.com.au, follow the prompts to the promotion entry page, select which Participating Store their Qualifying Purchase was made at, and submit the relevant entry form with all required details, including the entrant’s full name, email address, postcode, contact number and a copy of their proof of purchase, as well as agreeing to receive marketing material from the Promoter and selecting that they have read and accept these Terms and Conditions. For clarity, the acceptable file formats for receipt uploads are JPG/PNG/HEIF with a max size 3MB. Upon submitting their fully completed entry form, entrants will be directed to a “Scratch and Win” page whereby they must follow the directions and scratch the image (either using a mouse for entrants using a computer or with their finger on mobile devices) to reveal whether or not they are an instant winner. All provisional instant winners are subject to verification. All entrants who have not won an Instant Prize (defined below) will be entered into the Second Chance Prize Draw (detailed below).
Prize details
Instant Prizes Entrants who have been verified and are notified that they have won an instant prize will win a digital gift card. The type of gift card awarded will be in accordance with where the winner made their Qualifying Purchase and the value of the gift card will be determined randomly in accordance with the number of available gift cards in the promotion, as per below.
Location of Qualifying Purchase: Bunnings Warehouse
Gift card type: Bunnings Warehouse gift card. Value and number of gift cards available: 9 x $100; 27 x $50; 113 x $20
Location of Qualifying Purchase: Mitre 10
Gift card type: Mitre 10 gift card. Value and number of gift cards available: 2 x $100; 13 x $50; 56 x $20
Location of Qualifying Purchase: Home Hardware
Gift card type: Home Hardware gift card. Value and number of gift cards available: 1 x $100; 2 x $50; 6 x $20
Location of Qualifying Purchase: True Value Hardware
Gift card type: Prezee gift card. Value and number of gift cards available: 1 x $50; 8 x $20
Location of Qualifying Purchase: Thrifty Link Hardware
Gift card type: Prezee gift card. Value and number of gift cards available: 1 x $50; 7 x $20
Location of Qualifying Purchase: Paint Spot
Gift card type: Prezee gift card. Value and number of gift cards available: 1 x $100; 6 x $50; 15 x $20
Location of Qualifying Purchase: Inspirations Paints
Gift card type: Prezee gift card. Value and number of gift cards available: 2 x $100; 6 x $50; 30 x $20
Instant Prizes: Instant prizes will be sent to winner’s email within twenty-eight (28) days after the Promotion Period.
Draw Prize In accordance with the Prize Draw (below), the first two (2) valid entries drawn will each win $500, which will be awarded in the form of an electronic funds transfer (EFT). Prize Draw winners are responsible for providing full and accurate bank details. The Promoter will not be responsible for incorrect details being provided, a banking institution rejecting an EFT payment, or any costs associated with locating any lost monies.
Second Chance Prize Draw A random electronic prize draw will be conducted for all non-winners of an Instant Prize at Switch Marketing, 6 Hodgson St Kew, VIC 3101 (Draw Location) by a representative of the Promoter on 21/04/23 at 2pm AEST.
Notification Provisional Instant Prize winners will be notified on-screen immediately. Draw Prize winners will be notified by phone and in writing 2 business days of the applicable draw and all winner’s names will be published at www.dulux.com.au from 05/05/23.
Prize Claim Date and Time Subject to any verification, prizes must be claimed within 3 months of the end of the Promotion Period.
Unclaimed Prize Draw If any 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 at 2pm AEST on the 04/08/23 at the same location as the original draws and their names will be published at www.dulux.com.au from 18/08/23.
Entry Limits A maximum of three (3) entries permitted per person.
Verification Requirements/Proof of Purchase Entrants must retain their original itemised receipt/s to verify each entry and must retain these until their prize has been received. 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 but prior to entry.
Addition prize terms 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 replacement prize to an equal value. Any ancillary costs associated with redeeming a gift card is not included. Any unused balance of a gift card will not be awarded as cash. Redemption of a gift card is subject to any terms and conditions of the issuer including those specified on the gift card itself. Prizes are valued in Australian dollars. The Promoter accepts no responsibility for any variation in the prize value. Prize winners are advised that tax implications may arise from their Prize winnings and they should seek independent financial advice prior to acceptance of their Prize.
Permit Numbers NSW Authority No: TP/00158; ACT Permit No: TP22/02584; SA Licence No: T22/2137.
Information on how to enter the promotion and prizes form part of these Terms and Conditions. Participation in this competition is deemed acceptance of these Terms and Conditions.
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.
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.
Incomplete and indecipherable entries and any entry which has incorrectly entered personal information or contact details shall be deemed an invalid entry. 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 Requirements).
The Promoter’s decision in relation to any aspect of these Terms and Conditions and the Promotion is final and binding on every person who enters. No correspondence will be entered into.
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; b. submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process; or c. engages in conduct in relation to this Promotion which is misleading, deceptive, fraudulent or damaging to the Promoter's goodwill or reputation.
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 to modify, suspend, terminate or cancel the promotion, as appropriate.
Entries must be received by the Promoter and will be deemed to have been received at the time of receipt by the Promoter. Online and other electronic entries are deemed to have been received at the time of receipt into the promotion database and not at the time of transmission by the entrant.
Any costs associated with accessing the Promotion website are the entrant’s responsibility and are dependent on the internet service provider used. Entrants must submit their entries and/or claims manually using an internet browser.
Total prize pool value is $10,000.
The Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, communication network, computer equipment, software, technical problems or traffic congestion on the Internet or at any website, 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. If the Promotion is not capable of being conducted due to circumstances beyond the Promoter's control, including due to any technical or communications problems, the Promoter reserves the right to amend, suspend or cancel the competition subject to approval from any relevant authority.
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.
As a condition of claiming a prize, the winners may be required to (at the Promoter’s discretion) 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.
The Promoter may communicate or advertise this promotion using Facebook and/or Instagram or another social media platform. However, the promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram or any other social media platform. Entrants are providing their information to the Promoter and not to Facebook or Instagram. Each entrant completely releases Facebook and Instagram from any and all liability in connection with this Promotion.
The prize(s) and/or parts of the prize(s) is/are not transferable or exchangeable and cannot be taken as cash (unless the prize is cash). 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.
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.
Except for any liability that cannot be excluded by law, the Promoter (including its 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, including, but not limited to, where arising out of the following: (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 the prize.
The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury, illness or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this competition or accepting or using any prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law). Nothing in these conditions restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including 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.
Entrants irrevocably consent and assign to the Promoter all intellectual property including copyright in the images submitted by them during this competition. Entrants also irrevocably 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 competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
The Promoter collects personal information in order to conduct the Promotion and may, for this purpose, disclose such information to third parties required for the provision of the prizes. Entry is conditional on providing this information. The Promoter may disclose the information for those purposes to its related bodies corporate and contractors. If entrants do not provide the information requested they will not be able to enter the Promotion.
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 Promoters 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.
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.
The Promoter is bound by the Australian Privacy Principles contained in the Privacy Act. A copy of the Promoter's privacy policy can be viewed at www.dulux.com.au/privacy-policy. To request access to, or to update, personal information the Promoter holds about them, entrants can contact the office of the Promoter. The Promoter will not disclose personal information to any entity outside of Australia.