EAT &WIN. LEARN & EARN PROMOTION TERMS AND CONDITIONS

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1 EAT &WIN. LEARN & EARN PROMOTION TERMS AND CONDITIONS 1. Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions. 2. Entry is only open to Australian residents aged 18 years or over who: (a) work within the building trade/industry; (b) hold a valid tradesman card; and (c) attend one (1) of the participating James Hardie events (as defined below). Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. 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, stepgrandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, stepsister or 1 st cousin. 3. The promotion will commence on 01/05/2015 and end at 5:00pm AEST on 30/06/2015 ( Promotional Period ). During the Promotional Period, the Promoter will organise for a James Hardie ambassador to attend a participating James Hardie event nationally. At each participating James Hardie event the James Hardie ambassador will be offering free food and interacting with individuals providing information on James Hardie products ( James Hardie Event ). For a full list of James Hardie Event locations visit 4. To be eligible to enter, entrants must attend a James Hardie Event and undertake the following steps: (a) approach the James Hardie stand; (b) when instructed, by the James Hardie ambassador (in accordance with their instructions) input the requested details onto the mobile device provided, including their trade (from the drop down menu), their name, the name of their company/employer, address and mobile phone number; and (c) using the mobile device, answer the multiple choice questions and then when prompted scratch the online game card to reveal whether or not they are an instant winner. Each entrant will be notified instantly, via the mobile device, whether or not they are an instant winner. All valid entries received from winners and nonwinners of an instant prize will be automatically placed in the unclaimed prize draw, in the event of any unclaimed prizes. 5. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant 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 entry process or engaged in any unlawful or

2 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. 6. Incomplete or indecipherable entries will be deemed invalid. 7. Only one (1) entry permitted per person. 8. 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. 9. Instant win prizes available to be won are as follows: 4 x Apple Macbook Pro 2.5ghz valued at $1,547 each. Macbook Pro, is a trademark of Apple Inc. Apple Inc. is not a participant in or sponsor of this promotion; 25 x Laguiole BBQ 4 piece sets valued ta $599 each; 20 x Le Crueset 26cm Round Casserole pots valued at $519 each; 25 x Bose Noise Cancelling Headphones valued at $399 each; 20 x UE Megaboom Speakers valued at $348 each; 10 x Nutribullets valued at $320 each; 20 x Manzoni Leather overnight bags valued at $279 each; 50 x FitBit Flex valued at $126 each; 25 x Riedel O Tumblers for red or white wine (set of 2 glasses) valued at $49.95 each; and 100 x Vin Bouguet Twist Corkscrews valued at $15.95 each. 10. Winners of prizes valued at over $250 will be published online at from 14/07/2015. The Promoter s decision is final and no correspondence will be entered into. 11. If for any reason a winner does not take a prize by the time stipulated by the Promoter, then the prize will be forfeited. 12. If any prize (or part of any prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority. 13. Total prize pool value is $66, Prizes are not transferable or exchangeable and cannot be taken as cash. 15. A draw for any unclaimed prizes may take place at 11:00am AEST on 30/09/2015 at Anisimoff Legal, Suite 3, Erina Plaza, 210 Central Coast Highway, Erina NSW 2250, subject to any directions from a regulatory authority. Winners (if any) will be notified in writing. Winners of prizes valued 2

3 at over $250 will be published online at from 14/10/ 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 manufactured, distributed and/or supplied by the Promoter. 17. 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 entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate. 18. Quality control errors will not invalidate an otherwise valid prize claim. Unless otherwise due to fraud or ineligibility under these Terms and Conditions, all prize claims in excess of the advertised prize pool will be honoured. Any instant win prizes that are part of the advertised total prize pool will be awarded in the unclaimed prize draw. Instant win game materials void if stolen, forged, mutilated or tampered with in any way. There will be a total of 250 instant win prizes distributed for this promotion. 19. 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. 20. 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 any James Hardie Event is delayed, postponed 3

4 or cancelled for any reason beyond the reasonable control of the Promoter; (f) any tax liability incurred by a winner or entrant; or (g) use of a prize. 21. As a condition of accepting a prize, winners must 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. 22. 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 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 entrant. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how 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. Unless otherwise indicated by the Promoter, the Promoter may disclose PI to entities outside of Australia (for a list of the countries, see the Promoter s Privacy Policy). 23. The Promoter is James Hardie Australia Pty Ltd (ABN ) of 10 Colquhoun Street, Rosehill NSW Telephone: NSW Permit No. LTPS/15/ VIC Permit No. 15/800. ACT Permit No. TP15/ SA Permit No. T15/614 JAMES HARDIE GUARANTEED OFFER 1. Every person who correctly enters the Eat & Win. Learn & Earn Promotion in accordance with the terms and conditions for that promotion will also receive a gift, if eligible, in accordance with these Terms and Conditions. This James Hardie Guaranteed Offer is not to be used in conjunction with any other offer. 2. Clauses 1 8, 11, 12, 14, 16, 17, 19, of the Eat & Win. Learn & Earn Promotion, as detailed above, equally apply to this James Hardie Guaranteed Offer. These terms and conditions should be read in conjunction with those terms and conditions. All references to: prize/s shall be read as gift/s ; and winner to successful claimant. If there are any inconsistencies these shall prevail. 3. Every entrant that submits a valid entry in the Eat & Win. Learn & Earn Promotion will each be awarded the gift of a 10% cashback voucher 4

5 ( Cashback Voucher ) to be used on any Scyon TM products they purchase from the same location of the James Hardie Event they entered the Eat & Win. Learn & Earn Promotion, between 01/05/2015 and close of business on 30/06/2015, subject to a maximum total cash back payable per Cashback Voucher of $500. For the sake of clarity, the Cashback Voucher may be applied against more than one transaction involving the purchase of Scyon TM products, as long as those transactions take place between 01/05/2015 and close of business on 30/06/2015. The 10% Cashback Voucher will be sent to each entrant by to the address provided at the time of entry into the Eat & Win. Learn & Earn Promotion. The 10% Cashback Voucher will be provided in the form of a pre-paid Visa Gift Card. 4. To claim the Visa Gift Card, individuals must send an to promo@jameshardie.com.au with the subject line Cashback and the following information: Their full name; Their name of their company/employer; Their mobile number; Their street address (PO box address wont be accepted); and Their Cashback Voucher number (as shown on the voucher). Individuals must attach to the a copy of their purchase receipt(s)/invoice(s), with each receipt/invoice clearly showing the Scyon TM product(s) purchased, the total amount paid, the retail store of purchase and the date of purchase (being between 01/05/2015 and close of business on 30/06/2015). All claims and supporting material must be received by the Promoter at the above address before 5:00pm AEST on 31/07/2015. An individual will not be entitled to any Cashback in respect of any claims received after that time. Maximum of one (1) Cashback Voucher permitted per person. Only one (1) claim permitted per Cashback Voucher. 5. This Cashback Voucher offer is not available to individuals on a James Hardie Smarter Partner or Business Builder Agreement or for any purchases for which rewards have already been claimed. 6. Successful claimants will receive a pre-paid Visa Gift Card loaded with the cash back amount they are entitled to (based on purchase(s) made). 7. Any ancillary costs associated with redeeming a Visa Gift Card are not included. Any unused balance of a Visa Gift Card will not be awarded as cash. Redemption of the Visa Gift Card is subject to any terms and conditions of the issuer including those specified on the Visa Gift Card. 5