TERMS AND CONDITIONS
1. Defentiions
Eligible Entrant is a business operating in Australia with an approved NHS trading or pay-as- you-go/cash account except where that business is a Reseller. Resellers are not permitted to enter the competition. An Eligible Entrant must have a total of at least $6,000 in Eligible Account Purchases to enter.
Eligible Account Purchases are all purchases (less credits) from NHS that:
- are invoiced to the Eligible Entrant’s approved NHS trading or pay-as-you-go/cash account; and
- have an invoice date that is during the Promotion Period; and
- are paid in full, in the sole opinion of the Promoter, by 12.00pm 5 October 2024.
Eligible Prize Amount for an Eligible Entrant is the amount of their prize if they win the draw. It is the lesser of:
- The Eligible Entrant’s total Eligible Account Purchases divided by six; and
- $50,000.
NHS means Northumberland Handyman Supplies Pty Ltd (ABN 26 002 194 523) with stores at 5 Birraba Avenue Beresfield NSW 2322, 8 Wentworth Road Cardiff NSW 2285 and 30 Wyong Road Lambton NSW 2299.
Promoter is Northumberland Handyman Supplies Pty Ltd trading as NHS (ABN 26 002 194 523) of 30 Wyong Road Lambton NSW 2299. Telephone: 02 4979 0000.
Promotion Period means 1 March 2024 to 31 August 2024 inclusive.
Reseller is a business, in the sole opinion of the Promoter, which purchases building supplies primarily for the purpose of re-sale to a third party in an uninstalled state.
2. Information on how to enter and the prize form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
3. Entry is open to Eligible Entrants. Employees of the Promoter and any company associated with the Promoter are ineligible to enter. The immediate families of employees of the Promoter and any company associated with the Promoter are ineligible to enter exceptwhere that family member’s entry is through their business, and that business:
- meets the definition of Eligible Entrant; and
- is primarily involved in the building industry, in the sole opinion of the Promoter; and
- has a trading account with NHS and deals with NHS on an arms-length basis, in the sole opinion of the Promoter.
4. To enter an Eligible Entrant must register by visiting www.nhs.trade/cashin (via mobile device or desktop computer), following the prompts to the registration page, inputting the required information and submitting the fully completed online registration form between 1 March 2024 and 7 October 2024 (AEST) inclusive. Only one registration per NHS trading account or pay-as-you-go/cash account is permitted. Each entrant that, in the sole opinion of the Promoter, has successfully registered and met all the requirements of an Eligible Entrant, will receive one ticket in the prize draw.
5. In determining whether particular invoices are paid for the purposes of determining Eligible Account Purchases, in the case of electronic payments (electronic funds transfer or BPay),
the payment must be showing as a deposit in NHS’s bank account (according to NHS’s bank) by the required time. In the case of credit card/debit card/EFTPOS payments made direct to NHS (not via BPay), the transaction must be successfully processed by NHS by the required time. In the case of cheque or cash payments, NHS must have received the cheque or cash by the required time. Invoices paid by a payment that is subsequently dishonoured will be considered unpaid. The Promoter accepts no responsibility for payments that are delayed, lost, dishonoured or misdirected.
6. The prize draw will take place at NHS Trade Expo, Newcastle Entertainment Centre, Showground, Brown Road, Broadmeadow, 2292 on 16 October 2024 at 5:30pm AEDT by way of barrel draw. An independent person will scrutinise the draw and the announcement of the winners. The winners will be notified by phone/email within two (2) business days of the draw. The winners will have their details published online at www.nhs.trade/cashin by 1 November 2024.
7. In the event that the prize draw cannot proceed at the anticipated time and/or location due to factors beyond the Promoter’s control, the Promoter will take reasonable steps to notify participants of the changes within a reasonable time before the draw was scheduled to take place.
8. There are two prizes.
The first valid entry drawn in the prize draw will win a cash prize. The prize amount is the Eligible Prize Amount of that winning Eligible Entrant. The winner is not required to be present for the draw.
The next valid entry drawn in the prize draw will win a cash prize. The prize amount is the Eligible Prize Amount of that winning Eligible Entrant. The first draw winner is ineligible to also win the second draw. The winner is not required to be present for the draw.
9. The cash prize will be transferred to the winning Eligible Entrant’s bank account within seven days of the Eligible Entrant providing the Promoter with their bank account details in writing. The bank account details must be provided in a form acceptable to the Promoter. If the Eligible Entrant is a business, the owner(s)/Director(s) of that business must nominate the bank account that will receive the prize money.
10. As a condition of accepting the prizes, each winner (or a representative of the winner) must sign or provide any legal documentation as and in the form required by the Promoter its absolute discretion, including but not limited to a legal release and indemnity form.
11. The total prize pool value for the promotion is between $2,000 and $100,000, depending on the Eligible Prize Amount of the two winning Eligible Entrants.
General
12. For the purposes of this promotion if an Eligible Entrant returns any goods to NHS, then the Promoter may in its absolute discretion re-calculate the Eligible Entrant’s Eligible Prize Amount to reflect that return irrespective of whether the return took place during or after the Promotion Period.
13. The Promoter is not liable for any tax arising out of participating in this promotion or receiving any prize, including FBT.
14. If the winner assigns the prize to another person or entity the Promoter takes no responsibility for any such arrangements.
15. The Promoter reserves the right, at any time, to verify the validity of entries, Eligible Entrants, Eligible Account Purchases and reserves the right, in its sole discretion, to disqualify any entrant who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry 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.
16. Incomplete, indecipherable or illegible entries will be deemed invalid.
17. If there is a dispute as to the identity of an Eligible Entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the Eligible Entrant.
18. The Promoter’s decision is final and no correspondence will be entered into.
19. Subject to the unclaimed prize draw clause, if for any reason a winner does not claim the prize (or an element of the prize) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
20. Images used in promotion advertising are indicative only.
21. If a Prize remains unclaimed, a prize draw will be conducted on 31 January 2025 at NHS, 8 Wentworth Road Cardiff NSW 2285 at 4pm, subject to any directions from a regulatory authority. If a winner is drawn, they will be contacted by phone and in writing within two (2) business days of the draw and have their details published online at www.nhs.trade/cashin by 7 February 2025.
22. Eligible Entrants 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 promotion (including any outcome), and promoting any products or services supplied by the Promoter.
23. 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 Eligible Entrant; and/or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
24. Any cost associated with accessing the promotional website is the Eligible Entrant’s responsibility and is dependent on the Internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an Eligible Entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that Eligible Entrant invalid.
25. 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 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.
26. 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 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) if the Game is delayed, postponed or cancelled for any reason beyond the reasonable control of the Promoter; (f) any tax liability incurred by a winner or Eligible Entrant; or (g) use of a prize.
27. The Promoter collects personal information (“PI”) in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including IT and marketing service providers 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 their Privacy Policy, which can be viewed at https://www.nhs.trade/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 Eligible Entrant. The Privacy Policies also contain information about how Eligible Entrants may opt out, access, update or correct their PI, how Eligible Entrants 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.
Authorised under NSW permit number: NTP/09040