TERMS & CONDITIONS
“DULUX FIND YOUR COLOUR” CAMPAIGN
“Dulux Find your Colour” Promotion
The Promoter is Dulux Australia, a division of DuluxGroup (Australia) Pty Ltd (ABN 67 000 049 427) of 1956 Dandenong Road, Clayton VIC 3168.
Game of chance.
The Promotion will commence at 12:01am AEST on 1st October 2018 and close at 11.59pm AEDT on 31st October 2018 (Promotion Period).
Stores participating in the Promotion are selected Dulux Trade stores, Inspirations Paint stores and participating independent stores nationally, and Dulux stockists nationally as determined by the Promoter, which display the “Dulux Find Your Colour” promotion point of sale material. If in doubt, an entrant may ask a store whether or not they are participating in the Promotion.
All Dulux Paint products including Dulux sample pots
The Promotion is only open to residents of Australia for purchases made in Australia. Entrants under 18 years of age must get permission from a parent or guardian before entering. Employees (and their Immediate Families) of the Promoter, participating stores or any other respective parent companies, subsidiaries or affiliated companies, or any agencies associated with this promotion are ineligible to enter.
“Employees” means any directors, management, employees, concessionaires, 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.
How to enter
To enter, entrants must, during the Promotion Period:
1. Purchase a Participating Product in a single transaction from a Participating Store (a Qualifying Purchase);
2. Go to www.dulux.com.au/findyourcolour (Website);
3. Complete the entry form online by providing all information as requested by the Promoter, including the entrant’s full name, email address, address and contact number along with an uploaded copy of their original, itemised purchase receipt (Proof of Purchase); and
4. Hit submit to finalise their entry.
Entrants will be notified instantly on-screen as to whether they have won an Instant Win Prize. All valid entries will go into the Major Prize Draw.
For clarity, entry is valid for Qualifying Purchases made via Participating Stores only. Purchases of Participating Products made via online stores will not be eligible for entry into the promotion.
Entries are received at the time of receipt into the promotion database, and not the time of transmission by the entrant.
Quality control errors will not invalidate an otherwise valid instant prize claim. Unless otherwise due to fraud or ineligibility under these Terms & Conditions, all instant win prize claims in excess of the advertised prize pool will be honoured.
FOR ALL ENTRIES, entrants must retain their Proof of Purchase for each Qualifying Purchase made during the Promotion Period (which clearly shows the store name, locations, date and product(s) purchased). Failure to produce the Proof of Purchase for all entries may, in the absolute discretion of the Promoter, result in invalidation of ALL entrant’s entries and forfeiture of any right to a prize.
All entries submitted by a provisional winner will be validated prior to a prize being awarded.
See Prize details for further prize information
Entrants may enter as many times as they like during the Promotion Period provided that:
(a) that there is a maximum of one (1) entry per person per day and a maximum of one (1) entry per household per day;
(b) you have Proof of Purchase for each Qualifying Purchase made during the Promotion Period; and
(c) each entry is submitted separately in accordance with these Terms and Conditions.
Important note: each original, itemised receipt is valid for one (1) entry into the promotion, regardless of the numbers of Participating Products purchased in the transaction.
Major Prize draw
The Major Prize draw will be conducted by a random computerised system at Core Marketing Services, Level 4, 80 Market Street, South Melbourne, VIC 3205.
The Major Prize draw will be conducted at 1pm AEDT on 7 November 2018. The first three (3) complete, eligible entries drawn will each be declared a provisional winner.
The Promoter reserves the right to draw an additional four (4) reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. If an invalid entry or ineligible entrant is drawn, the relevant prize will be awarded to the first reserve entry drawn. This process will continue until a clear winner is determined.
Entrants (excluding SA residents) are restricted to winning one Major Prize only.
Instant Win Prize Procedure
During the Promotion Period, a total of 1,400 Adairs Retail Group eVouchers (each to the value of $50) will be awarded (Instant Win Prizes).
Instant Win Prizes will be allocated as follows:
(a) Instant Win Prize winning time slots (each a Winning Time Slot) will be randomly allocated during the Promotion Period. The first valid entry received at or after each Winning Time Slot in the Period will “instantly win” the Instant Win Prize allocated to that particular Winning Time Slot.
(b) If there is no valid and eligible entry received by the Promoter at or after a Winning Time Slot, then:
(i) the Winning Time Slot will lapse;
(ii) there will be no “instant” winner of an Instant Win Prize for the relevant Winning Time Slot; and
(iii) the Instant Win Prize allocated to that Winning Time Slot will be reallocated to the next Winning Time Slot together with a further Instant Win Prize for that Winning Time Slot. (In such circumstances it is possible for there to be multiple winners in a Winning Time Slot.)
(c) If there is no valid and eligible entry received by the Promoter at or after the final Winning Time Slot, the Instant Win Prize allocated to that Winning Time Slot will be allocated to the last valid entry received before the final Winning Timeslot. All Instant Win Prizes will be distributed.
Time of entry will be deemed to be the time that the entry is received by the Promoter.
Instant Win Prize details
There are 1,400 minor prizes to be won instantly during the Promotion Period. Each Instant Win prize is an Adairs Retail Group eVoucher (eGift Card) to the value of $50 (RRP, including GST).
The total Instant Win prize pool is $70,000.
Major Prize details
There are 3 x Major Prizes to the value of $10,000 each.
Each Major Prize consists of 1 x $7,000 Adairs Retail Group eVoucher and 1 x $3,000 JB Hi-Fi Voucher.
The total Major Prize pool is $30,000 (RRP, including GST).
The redemption and use of the Vouchers are subject to the following terms and conditions:
Adairs Retail Group eVouchers (eGift Cards):
• Valid until the time specified by the prize provider.
• Valid for use up until 1/10/21 at adairs.com.au or any Adairs, Adairs Kids, Urban Home Republic or Adairs Outlet store Australia wide. Not valid for redemption at Myer concession stores.
• eVoucher (e Gift Cards) unique barcode and pin code must be presented for in-store redemption or entered at checkout for redemption online at adairs.com.au.
• For single use only.
• Lost or stolen eVouchers (eGift Cards) will not be replaced.
• eVoucher (eGift Card) is not transferable for cash and cannot be used for the purchase of gift cards.
• Cash will not be given for any unused balance. Unused balance on expiry of eVoucher will not be refunded or credited.
• Purchases exceeding available balance require the difference to be paid by another method.
• Only one eVoucher (eGift Card) can be used per transaction.
• Adairs reserves the right to change the terms applicable to the eVouchers (eGift Card) at any time.
JB Hi-Fi Vouchers:
• JB Hi-Fi Vouchers do not expire and can only be redeemed at a JB Hi-Fi store in Australia or online at www.jbhifi.com.au. Only one Voucher can be used per transaction. JB Hi-Fi will not be liable for lost or stolen Vouchers. The Voucher cannot be exchanged for cash. For Full Terms and conditions please visit https://www.jbhifi.com.au/Gift-Cards/Gift-Card-Terms-and-Conditions/
Total Prize Pool
Total prize pool value is $100,000 (RRP, including GST).
Provisional winners will be notified by email within 2 business days of the applicable draw.
Verification /Proof of Purchase
If requested by the Promoter, entrants and provisional winners must produce, within the time requested by the Promoter in its absolute discretion, appropriate photo identification or other documentation required by the Promoter to verify their identity, age, eligibility to enter the Promotion and claim a Prize (if won), and compliance with these Terms and Conditions.
If the items required by the Promoter are not received or a provisional winner has not been verified to the satisfaction of the Promoter within the time period required by the Promoter, the entrant’s entry(s) will be deemed invalid. A Prize will only be awarded to a provisional winner following all verification requirements of the Promoter being met to its satisfaction. In the event that a provisional winner cannot provide suitable verification, the provisional winner will forfeit their Prize (if won) and no substitute will be offered.
If more than one person attempts to claim a Prize, the Promoter has sole and absolute discretion to determine which of those persons the winning entrant is.
Entrants must retain their Proof of Purchase to verify each entry and must retain these until their prize has been received
Once a provisional prize winner is deemed by the Promoter to have complied with these Terms and Conditions, they will be declared a winner and the Promoter will deliver the relevant prize within 28 days of the winner’s entry being verified and accepted.
Prizes will be delivered to the email address nominated by the entrant at the time of entry or during the verification process. The Promoter takes no responsibility for an incorrect email address being provided when entering the promotion or during the notification and verification process, and (once dispatched) the Promoter is not liable for any prize that has been lost, stolen, damaged or tampered with in any way
Winners’ names and their state/territory of residence will be published on the Website on 14th November 2018.
Prize Claim Date and Time
Prizes must be claimed by 5pm AEDT on 6th February 2019
Unclaimed Prize Draw.
If a prize remains unclaimed or is forfeited for any reason, the Promoter may conduct a further draw to distribute any unclaimed prize(s), subject to any written directions from a regulatory authority. The unclaimed prize draw (if any) will take place at 3pm AEDT on 7th February 2019 at the same location and time as the original draws. Winners, if any, will be notified by phone and in writing within 2 business days of the unclaimed prize draw and their names and state/territory of residence will be published on the Website on 14th February 2019.
Authorised under the following permits: NSW: LTPS/18/26964; ACT: TP 18/01493; SA: T18/1372.
Terms and Conditions
1. Information on how to enter the Dulux “Find your Colour” 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. 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.
4. 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).
5. 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.
6. 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.
7. 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 and subject to the relevant regulatory authority approval, to modify, suspend, terminate or cancel the “Dulux Find your Colour” Promotion, as appropriate.
8. The Promoter may, in its absolute discretion, edit, modify, delete, remove or take-down any part of an entrant's entry.
9. 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.
10. Any costs associated with accessing the Promotion website are the entrant’s responsibility and are dependent on the internet service provider used.
11. 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. 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.
12. 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.
13. As a condition of claiming a prize, the Participant 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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 Promotion 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 2010 (Cth).
19. 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.
20. 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 Prize. 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.
21. 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.
22. 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.