TERMS & CONDITIONS

1.Instructions on how to claim the reward(s) form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions. Offer not valid in conjunction with any other offer. 

2. Claims are only open to Australian residents aged 18 years or over who purchase an eligible product during the Promotion Period. Claimants must be retail customers. Trade customers are ineligible to enter this promotion. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to claim. 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. 

3. The promotion starts at 9.00am AEDST on 01/04/2019 and is open until 5.00pm AEST on 30/04/2019 (Promotional Period). 

4. A $15.00 eftpos gift card is redeemable against a purchase of a 4 litre can of Haymes’ Ultra Premium Paint from a participating retailer during the Promotional Period. A $25.00 eftpos gift card is redeemable against a purchase of a 10 litre can of Haymes’ Ultra Premium Paint from a participating retailer during the Promotional Period. 

5. Eftpos cards rewarded for a maximum of 4 products per household.

6. Simply Woodcare purchases are excluded from this promotion.

7. A list of participating retailers can be found at www.haymespaint.com.au

8. To claim a gift card, valid entrants must complete a claim form online at www.haymesrewards.com.au. Claimants must retain the original receipt/proof of purchase. 

9. Claims must be received by 5.00pm AEST on 31/05/2019.

10. Claimants will automatically be sent the gift card/s by mail before 30 July 2019 at the residential address specified on the claim. 

11. The Promoter reserves the right, at any time, to verify the validity of claims and claimant’s (including a claimant’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 claim 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. 

12. Incomplete or indecipherable claims will be deemed invalid.

13. If there is a dispute as to the identity of a claimant, the Promoter reserves the right, in its sole discretion, to determine the identity of the claimant. 

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

15. Rewards, or any unused portion of a reward, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified. 

16. If for any reason a claimant does not take a reward at the time stipulated by the Promoter, then the reward will be forfeited. 

17. If any reward is unavailable, the Promoter, in its discretion, reserves the right to substitute the reward with a reward to the equal value and/or specification, subject to any written directions from a regulatory authority. 

18. Claimants consent to the Promoter using their name, likeness, image and/or voice in the event they are a successful claimant (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. 

19. 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 claimant; or 

(b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate. 

20. Any cost associated with accessing the promotional website is the claimant’s responsibility and is dependent on the Internet service provider used.

21. 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 State 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.

22. 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 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 reward value to that stated in these Terms and Conditions;

(e) any tax liability incurred by a claimant; or (f) use of a reward.

23. 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 www.haymespaint.com.au/information/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 claimant. The Privacy Policy also contains information about how claimants may opt out, access, update or correct their PI, how claimants 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 collect entrants’ PI through servers located overseas, and cannot guarantee that any overseas recipient will not breach the Australian Privacy Principles. By entering the promotion claimants consent to the provision of their personal information on these terms as permitted by the Australian Privacy Principles and agree that the Promoter is not liable in this regard.

26. The Promoter is Henry Haymes Pty Ltd trading as Haymes Paint, Waringa Drive, Wendouree Industrial Estate, Ballarat Victoria 3355 ABN 14004201638