Intergrain's December Tool Giveaway - Terms and Conditions

Promotion name	Intergrain's December Tool Giveaway
Promoter	Intergrain, a division of DuluxGroup (Australia) Pty Ltd ABN 67 000 049 427, 1956 Dandenong Road, Clayton VIC 3168 and DuluxGroup (New Zealand) Pty Ltd (Company Number 2355191) of 150 Hutt Park Road, Gracefield, Lower Hutt, Wellington, New Zealand
Promotion type	Game of chance
Promotion period	From 0:01am on 05/12/2023 to 11.59pm 12/12/2023
Eligible entrant	Any Australian or New Zealand resident over 14 years of age, and excludes Ineligible Entrants. If an entrant is under 18 years of age, they must obtain consent from a parent or guardian before entering. The Promoter may (in its absolute discretion) determine eligibility
Entering	If you: (a) follow Promoter's Instagram https://www.instagram.com/intergrain/ account; and (b) tag a friend on the promotional Instagram post; and (c) like the promotional Instagram post the Promoter will submit 1 entry on your behalf into the Draw Pool Entrants may enter more than once, provided each entry is submitted separately and in accordance with these terms and conditions
Prizes	Prize winners win one of 3 x Makita 18V 3 Piece Brushless Cordless Combo Kits and $200 worth of Intergrain products. Total prize pool value = AUD $2,517
Prize Draw	Valid entries received during the Promotion Period will be allocated into the Draw Pool At 11:00am AEDST on 14/12/2023, a representative of the Promoter will conduct a random electronic prize draw at 1956 Dandenong Road, Clayton, 3168 from the Draw Pool. The first 3 entries randomly drawn from the Draw Pool are the winners receiving 1 x Makita 18V 3 Piece Brushless Cordless Combo Kit and $200 worth of Intergrain products. The Promoter may draw additional entries from the Draw Pool and record them in order in the event of an invalid entry or ineligible entrant being drawn from the Draw Pool
Winner notification	Within 2 business days after the Prize Draw, the Promoter will notify the 3 winners by direct message on Instagram and each winner's first name initial and full last name will be posted on the Promoter's Instagram https://www.instagram.com/intergrain/ account
Prize claim	Winners must claim the Prize within 28 business days after being notified by the Promoter
Prize verification	If the winner fails to provide information requested by the Promoter to verify entry validity and entrant eligibility within 28 days after being notified by the Promoter, the Prize is deemed unclaimed and the Promoter may (in its absolute discretion) invalidate all the entrant’s entries and forfeit any right to the Prize
Prize delivery	Within 10 business days after the winner has provided the above information and any other information requested by the Promoter to verify entry validity and entrant eligibility, the Promoter will deliver the Prize by courier to the winner’s nominated address
Unclaimed prize	If required, an unclaimed prize draw may take place on 08/01/2024 at the same time and place as the original prize draw, subject to any direction from a regulatory authority, and the Promoter will notify the winner or runner up by direct message on Instagram within 2 business days after the prize draw and each winner’s first name initial and full last name will be posted on the on the Promoter's Instagram https://www.instagram.com/intergrain/ account
Privacy policy	This promotion is subject to the Promoter's privacy policy https://www.intergrain.com.au/privacy-policy/
Additional terms	The information in this table also includes the terms and conditions below

1. Terms and conditions: These terms and conditions include the information in the table above. If you enter the promotion, you’re deemed to accept these terms and conditions. These terms and conditions apply even after the winner has claimed the prize. If an entrant is ineligible or an entrant's entry is invalidated after the prize has been claimed, the Promoter may (in its absolute discretion) demand return of the prize or payment of its value.

2. Definitions: For the purpose of these terms and conditions, the following words have the following meanings:

Word	Meaning
Ineligible Entrants	Are Employees (and their Immediate Families) of the Promoter or any of its parent companies, subsidiaries or affiliated companies or any agency associated with the Promotion
Employees	are any officer, director, executive, employee, consultant, contractor or other person who performs work under the control of another in exchange for payment
Immediate Family	are 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

3. Invalid entries: The Promoter may (in its absolute discretion) invalidate an entry that is incomplete, indecipherable or has incorrect personal information or contact details.

4. Excluded entrants: The Promoter may (in its absolute discretion) invalidate an entry or exclude an entrant from the promotion process if that entrant:

(a) disrupts, annoys, abuses, threatens, harasses the Promoter, another entrant or potential entrant of the promotion or another person associated with the promotion (or attempts to do so);

(b) submits an entry that is not in accordance with these terms and conditions or who tampers with the promotion process; or

5. Modification: The Promoter may (in its absolute discretion), edit, modify, delete, remove or take-down any part of an entrant's entry.

6. Entrant identity: The Promoter may (in its absolute discretion) determine the identity of an entrant.

7. Errors and omission: The Promoter may (in its absolute discretion) accept any errors or omissions in the promotion process.

8. Waiver: If the Promoter fails to enforce a right, it does not constitute a waiver of that right.

9. Receipt: Online entries are deemed to be received by the Promoter at the time of actual receipt into the Promoter’s database (and not at the time of transmission by the entrant).

10. Risks: The entrant acknowledges that there may be risks involved in entering the promotion. The winner acknowledges that there may be risks involved in using the prize. The winner acknowledges that they may be required to sign an acknowledgement of risk and waiver of liability before claiming and using the prize. The Promoter may (in its absolute discretion) exclude a winner who fails to sign an acknowledgement of risk and waiver of liability before claiming or using the prize or who is not able or suitable to use the prize.

11. Release and indemnity: As a condition of claiming a prize, the Promoter may (in its absolute discretion) require a winner to sign a legal release and indemnity form.

12. Entering: The entrant must manually submit entries using an internet browser. The entrant must not use automated software or any other method to automatically submit entries. The Promoter may (in its absolute discretion) invalidate an entry suspected of being submitted using automatic means.

13. Force majeure: If the promotion process is not able to be carried out due to circumstances beyond the Promoter's control, including due to any tech or communication issues, the Promoter may (in its absolute discretion) amend, suspend or cancel the promotion, subject to the approval from the relevant regulator.

14. Social media: While the Promoter may (in its absolute discretion) promote the promotion using social media platforms, the social media platforms do not sponsor, endorse or manage the promotion. The entrant provides their entry information to the Promoter (not the social media platform) and releases the social media platforms from any liability connected with the promotion.

15. Prize: The prize is not transferable or exchangeable for cash, except if the prize is cash. If the prize (or part of it) is unavailable, the Promoter may (in its absolute discretion) substitute the prize (or part of it) with a replacement prize of an equal or greater value, subject to the approval from the relevant regulator. The Promoter is not liable to the winner for any damage to or delay in transit of the prize.

16. Liability: To the maximum extent permitted by law, the Promoter and its employees, agents and contractors are not liable for any loss, expense, damage or liability suffered or incurred by an entrant or a winner in connection with the promotion, including:

(a) tech issues or equipment malfunction;

(b) theft, unauthorised access or interference;

(c) an entry or prize claim that is late, lost, altered, damaged or misdirected due to a reason beyond the Promoter’s control;

(d) a variation in prize value to that specified;

(e) a tax liability incurred by a winner or an entrant; and

Nothing in this provision is intended to restrict, exclude or modify the consumer guarantees and the applicable consumer law, including the following: Australia: Competition and Consumer Act 2010

17. Intellectual property: The entrant irrevocably assigns to the Promoter any intellectual property rights in any material submitted by them in an entry. The winner irrevocably consents to the Promoter using their name, likeness, image and voice in any media for an unlimited period without remuneration for the purpose of promoting the promotion and the Promoter’s products and services.

18. Personal information: The Promoter collects personal information in order to carry out the promotion process, and may disclose that personal information to its employees, agents and contractors for the purpose of carrying out the promotion process. Entry is conditional on the entrant providing that personal information. If an entrant does not provide that personal information, they cannot enter the promotion. If an entrant wishes to access or update the personal information the Promoter holds about them, they may contact the Promoter.

19. Promotional material: In entering the promotion, an entrant may be prompted to tick an "opt-in" box which authorises the Promoter to use the entrant’s personal information to send promotional material about the Promoter's products and services and disclose that personal information to agents and contractors that the Promoter engages for that purpose.

20. Criminal actions: The Promoter may refer any attempt to deliberately undermine the legitimate operation of the promotion to the relevant law enforcement agency and seek damages.