1. The promoter is Saint-Gobain Abrasives Pty Ltd (ABN 59 068 931 420) (Saint-Gobain or Promoter).
2. Promotion Period is 1st February 2021 - 28th December 2021.
3. Entrants must submit their entry by 11:59pm on the 28th of each month during the Promotion Period to be in the running to win a Prize during the relevant month.
4. The Prizes are as follows:
a. 1 x monthly winner will receive a $200 Coles Group & Myer gift card (total value $2,200).
b. 4 x monthly runner up prizes, each being a $50 Coles Group & Myer gift card (total value $2,200).
c. ALL Entrants of the monthly competition will go into the Major Prize Draw for their chance to win the:
(i) Major Prize, being a $2,000 Coles Group & Myer gift card and a set of Norton Automotive Body Repair Preparation kits (ABR Panel Kit 69957370029, ABR Paint Kit 69957370030, ABR Polish Kit 69957370031 - RRP $650);
(ii) 2nd Place Prize $500 Coles Group & Myer gift card; and
(iii) 3rd Prize $250 Coles Group & Myer gift card.
5. The total Prize pool is $7,800.
Major Prize Draw: The Major Prize Draw took place at 1:00pm on Friday 21st January 2022, by way of a wheel draw. The winners of the Major Prize Draw were published on the "Norton Abrasives Automotive Pacific" Facebook page at https://www.facebook.com/NortonAbrasivesAutomotivePacific/ by Monday 24th January 2022.
Location: The selections of the monthly prizes and the Major Prize Draw took place at the Promoter’s premises at 60 Hume Hwy, Somerton, VIC 3062 Australia.
Notification of winners: The winning Entrants were notified by email and telephone within 48 hours of the draw.
Redemption Period: The redemption period, during which a Prize may be claimed commenced on the relevant draw date and ends at 11:59pm on Sunday 20th February 2022 (Redemption Period). If the winning Entrant does not claim the Prize within the Redemption Period, the Prize will be deemed to be forfeited by the Entrant.
Unclaimed Prize Draw/Selection: If any Prize remains unclaimed following the Redemption Period, a second draw or selection for the Prize (Unclaimed Prize Draw/Selection), will take place on the first business day after the expiry of the Redemption Period at the same time, place and manner as the original draw/selection, subject to any directions from a regulatory authority. The Promoter may conduct the Unclaimed Prize Draw without the need to seek approval from any relevant regulator in Australia. The alternative winning Entrant, if any, will be notified by email and/or telephone within 48 hours of the Unclaimed Prize Draw/Selection and published on the "Norton Abrasives Automotive Pacific" Facebook page at https://www.facebook.com/NortonAbrasivesAutomotivePacific/ by Wednesday 23rd February 2022.
Game of chance (Major Prize, 2nd Place Prize and 3rd Place Prize): The Promotion is mix of a game of chance and game of skill. In respect of the Major Prize, 2nd Place Prize and 3rd Place Prize, subject otherwise to these Terms and Conditions, skill plays no part in determining the winning Entrants and each valid entry will NOT be individually judged. Each entry has an equal chance of winning. The winning Entrants will be confirmed by the Promoter.
Prize substitution: If any Prize is unavailable and the Promoter has used all reasonable efforts to arrange the Prize, the Promoter may, in its absolute discretion, substitute the Prize with a prize of equal value and/or specification.
Delivery of Prizes: All Prizes will be sent out to the address provided by the winner in its entry, within 14 days of announcement on the "Norton Abrasives Automotive Pacific" Facebook page.
24. The Promoter reserves the right, at any time, to verify the validity of entries and Entrants (including an Entrant’s identity, age and TAFE enrolment) and to disqualify any Entrant. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
25. Entrants are responsible for any and all expenses incurred when entering the Promotion (including to purchase a Norton product and any other materials) and accessing, claiming and/or using a Prize.
26. Non-Excludable Guarantees: 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 2010 (Cth), as well as any other implied warranties under the Australian Securities and Consumer Act 2010 (Cth) or similar consumer protection laws in the State and Territories of Australia (Non-Excludable Guarantees).
27. Consequential Loss: Despite anything to the contrary, to the maximum extent permitted by law, the Promoter will not be liable under these Terms and Conditions or otherwise for any special, indirect or consequential loss or any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use (including both real and anticipatory) and/ or loss or corruption of data, however arising, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
28. Liability: Except for any liability that cannot be excluded by law (including the Non-Excludable Guarantees), to the maximum extent permitted by law, the Promoter (including its respective officers, employees and agents) will not be liable to an Entrant, and the Entrant waives all claims and/or rights that they may have against the Promoter (and/or its respective officers, employees and agents) and releases the Promoter (and its respective officers, employees and agents) in respect of any and all liability (including but not limited to all expenses, costs, damages, claims and losses) arising in any way out of or in connection with:
a. any act or omission of the Entrant;
b. any breach of these Terms and Conditions by the Entrant;
c. any Force Majeure Event;
d. a matter arising out of clause 30;
e. any personal injury or loss;
f. claiming the Prize;
g. use of the Prize in any way;
h. any theft of any Prize or unauthorised access or third party interference in the Promotion;
i. any entry or Prize claim that is late, lost, altered, damaged, delayed or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; or
j. any tax liability incurred by a winner.
29. Force Majeure: If the Promotion is affected in any way by a Force Majeure Event, and/or the Promoter is unable to carry out its obligations under these Terms and Conditions as a result of a Force Majeure Event, the Promoter may in its absolute discretion cancel, terminate, modify or suspend the Promotion, and the Promoter will notify the Entrants accordingly. Force Majeure Event means any event or circumstance which is beyond the Promoter’s reasonable control including, without limitation, acts of God, wars, civil unrest, terrorism, a pandemic (including COVID-19), epidemic or Government sanctioned shutdown, or anything which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Promotion.
30. Ineligible entries: The Promoter accepts no responsibility and will not be liable for any late, lost, delayed, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. The Promoter has no control over communications networks or services, the Internet, or computer or telephone networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise.
31. Legal documentation: To the maximum extent permitted by law, as a condition precedent to accepting the Prize, the winner must sign any legal documentation as and, in the form, reasonably required by the Promoter and/or Prize suppliers, including but not limited to a legal release and indemnity form.
32. Online entries: In the event that a dispute arises as to the identity of an online Entrant, the entry will be deemed to have been submitted by the authorised account holder of the email address. The authorised account holder means the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organisation that is responsible for assigning email addresses for the domain associated with the email. The Promoter may ask any Entrant to provide the Promoter with proof that such party is the authorised account holder of the email address associated with the entry.
33. Legal Warning: Any attempt, deliberate or otherwise, to cause malicious damage or interference with the normal functioning of any website associated with the Promotion (Site), or the information on the Site, or to otherwise undermine the legitimate operations of the 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 seek damages to the fullest extent permitted by law. If the Promoter suffers loss or incurs any costs in connection with any breach of these Terms and Conditions or any other legal obligation by an Entrant, the Entrant agrees to indemnify the Promoter for those losses, damages and costs.
34. Linked Sites: The Site or platform for the Promotion may contain links to other websites (Linked Sites). The Promoter does not endorse and is not responsible for the content of any Linked Sites. Any Linked Sites displayed on the platform are for the Entrants’ convenience only and the Entrant agrees to access, use and otherwise deal with Linked Sites at their own risk.
35. Social Media: Social media membership pages, applications and use of social media generally is subject to the prevailing terms and conditions of use of the social media platform. Unless otherwise indicated in these Terms and Conditions, the Promotion is in no way sponsored, endorsed or administered by, or associated with, any social media platform including, but not limited to, Instagram, Facebook, Twitter and Pinterest. If an Entrant uses social media to participate in the Promotion, the Entrant understands that they are providing their information to the Promoter and not to any social media platform. Entrants are solely responsible and liable for the content of their entries and any other information they transmit to other Internet users. By participating in the Promotion, the Entrant releases Instagram, Facebook, Twitter, Pinterest or applicable social media site from all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs associated with the Promotion.
36. General: Unless the contrary intention appears, a reference in these terms or in any advertisement relating to the Promotion, to Australian dollars, dollars, AUD$ or $ is a reference to the lawful currency of Australia.
37. Amendments: These Terms and Conditions may be amended or replaced from time to time if required by any regulatory authority.
38. Jurisdiction: These Terms and Conditions are governed by the laws of Victoria.
39. Entire Agreement: These Terms and Conditions represent the entire agreement between the Promoter and any Entrant (including a winner) and supersede any prior agreement, understanding or arrangement between the Promoter and any Entrant (including a winner), whether oral or in writing.
40. Representations: To the maximum extent permitted by law, the Promoter excludes all, warranties, guarantees or representations (whether express or implied) except as expressly provided in these Terms and Conditions.
Saint-Gobain Abrasives Pty Ltd (ABN 59 068 931 420)
60 Hume Hwy, Somerton, VIC 3062 Australia.
1300 007 560
ACT: TP 21/00047
Last updated: 03 February 2022.
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