T&C – NHS Action Adventure Promotion 2019

TERMS AND CONDITIONS – NHS Action Adventure Promotion 2019 

  1. Definitions 

Eligible Entrant is: 

  • A business operating in Australia that has an approved NHS trading or a pay-as-you-go/cash account except where that business is a Reseller.  Resellers are not permitted to enter the competition; or 
  • An Australian resident aged 18 and over that has an approved NHS trading or a pay-as-you-go/cash account. 

Major Prize Eligible Purchases are all purchases (less credits) from NHS that: 

  • are invoiced to the Eligible Entrant’s 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 12 October 2019. 

Minor Prize Eligible Purchases are all purchases (less credits) from NHS that: 

  • are invoiced to the Eligible Entrant’s NHS trading or pay-as-you-go/cash account; and 
  • have an invoice date that is during the relevant Minor Prize Promotion Period. 

NHS means Northumberland Handyman Supplies Pty Ltd (ABN 26 002 194 523) with stores at 5 Birraba Avenue Beresfield NSW 2322, 6 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 2019 to 31 August 2019 inclusive. 

Minor Prize Promotion Period means: 

  • For the March Minor Prize: 1 March 2019 to 31 March 2019 inclusive. 
  • For the April Minor Prize: 1 April 2019 to 30 April 2019 inclusive. 
  • For the May Minor Prize: 1 May 2019 to 31 May 2019 inclusive. 
  • For the June Minor Prize: 1 June 2019 to 30 June 2019 inclusive. 
  • For the July Minor Prize: 1 July 2019 to 31 July 2019 inclusive. 
  • For the August Minor Prize: 1 August 2019 to 31 August 2019 inclusive. 

Reseller is a business, in the sole opinion of the Promoter, which primarily purchases building supplies 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 except where 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 or pay-as-you-go/cash account with NHS that was approved and opened prior to 1 March 2019 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/win (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 2019 and 12 October 2019 (AEST) inclusive. Only one registration per NHS trading account or pay-as-you-go/cash account is permitted.  After registering, the Eligible Entrant will be entered into the Major Prize draw as well as the Minor Prize draw of that month and subsequent months.  The number of tickets (if any) in the prize draws for the Eligible Entrant is determined in accordance with clauses 5 and 6, as appropriate. 

5. Major Prize ticket entitlement: Where the Eligible Entrant has made Major Prize Eligible Purchases, they are entitled to one ticket in the prize draw for every $500 (inc GST) of Major Prize Eligible Purchases. Tickets will be in the name of the NHS trading or pay-as-you-go/cash account. 

6. Minor Prize ticket entitlement: In respect of each Minor Prize draw, where the Eligible Entrant has made Minor Prize Eligible Purchases for that draw, the Eligible Entrant will be entitled to one ticket in the prize draw for every $500 (inc GST) of those Minor Prize Eligible Purchases. Tickets will be in the name of the NHS trading or pay-as-you-go/cash account.  An Eligible Entrant cannot win more than one Minor Prize. For clarity, an Eligible Entrant could win one Minor Prize and the Major Prize. 

7. In determining whether particular invoices are paid for the purposes of the Major Prize ticket entitlement, 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. 

8. The Major Prize draw will take place at NHS Trade Expo, Newcastle Jockey Club, Darling Street Broadmeadow NSW 2292 on 24 October 2019 at 5pm by way of barrel draw. An independent person will scrutinise the draw and announcement of the winner. The winner will be notified by phone/email and have their details published online at www.nhs.trade within two (2) business days of the draw.   

9. The first valid entry drawn in the Major Prize draw will win a Sea-Doo Spark Trixx 2Up MY19 with 12 months Registration, a Kawasaki KLX450R MY18 with 12 months Registration and a BIKEX3G Trailer including 2 x Skids and Winch with 12 months Registration worth a total of $26,265 (“Major Prize”). The winner is not required to be present for the draw. 

10. The total prize pool value for the Major Prize is up to $26,265 including registration, compulsory third party insurance, stamp duty and dealer delivery charges.  Additional insurance, options, petrol and all other ancillary costs are the responsibility of the winner. 

11. The Minor Prize draws will be by way of random electronic ticket draw.  For each draw the winner will be notified by phone/email and have their details published on www.nhs.trade within (2) business days of the draw. 

  • March Minor Prize will be drawn on 5 April 2019 at 11am. The first valid entry drawn will win: Nelson Bay Deep Sea Fishing Charter for up to 6 people worth $1,200 (excludes transfers to and from location and subject to availability). 
  • April Minor Prize will be drawn on 6 May 2019 at 11am. The first valid entry drawn will win: Go Kart Race Day at Cameron Park race track for up to 8 people worth $1,360 (excludes transfers to and from location and subject to availability) 
  • May Minor Prize will be drawn on 6 June 2019 at 11am. The first valid entry drawn will win: State of Origin Sydney Game 3 on 10 July 2019 Diamond tickets including transfers by Sid Fogg’s Coachlines for up to 6 people worth $2,040 (Subject to availability. In the event that tickets are unavailable, tickets for another Newcastle or Sydney area sporting match totalling up to the same total value will be arranged) 
  • June Minor Prize will be drawn on 5 July 2019 at 11am. The first valid entry drawn will win: Paintball package for up to 10 people worth up to $1,100 (excludes transfers to and from location and subject to availability) 
  • July Minor Prize will be drawn on 6 August 2019 at 11am. The first valid entry drawn will win: 1.5hr quad biking package at Stockton for up to 10 people worth $1,390 (excludes transfers to and from location and subject to availability) 
  • August Minor Prize will be drawn on 6 September 2019 at 11am. The first valid entry will win: Skydiving 15,000ft mid-week for up to 8 people at Newcastle worth $1,912 (excludes transfers to and from location and subject to availability) 

12. Each Minor Prize winner agrees that the Promoter, at its own cost and discretion, may have its own representatives (including sponsor representatives) also attend their prize event. 

13. As a condition of accepting a prize, the winner (or a representative of the winner) must sign or provide 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. 

14. In the case of an Eligible Entrant that is a business that wins a prize, the owner/Directors of that business will nominate in writing if the prize is to be assigned to the business itself or to another person (who consents to such assignment). 

15. If the winner is, through any legal incapacity or otherwise, unable to register the prize in their own name, then the winner may assign the prize to another person (who consents to such assignment) with legal capacity for the purpose of registration. The Promoter takes no responsibility for any such arrangements between the winner and the assignee.] 

16. 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 number of entries the Eligible Entrant is entitled to in the prize draw to reflect that return irrespective of whether the return took place during or after the Promotion Period. 

17. The Promoter is not liable for any tax arising out of participating in this promotion or receiving any prize, including FBT. 

18. The Promoter reserves the right, at any time, to verify the validity of entries, Eligible Entrants, Eligible Account Purchases, Eligible Invoice 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. 

19. Incomplete, indecipherable or illegible entries will be deemed invalid. 

20. Eligible Entrants must retain their original invoices for all entries as proof of purchase. Failure to produce the proof of purchase for all entries when requested may, in the absolute discretion of the Promoter, result in invalidation of ALL of an Eligible Entrant’s entries and forfeiture of any right to a prize. 

21. 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. If there is a dispute where multiple entrants have claimed the same Eligible Invoice Purchases, the Promoter reserves the right, in its sole discretion, to determine which entrant (if any) will be entitled to the ticket(s) associated with the Eligible Invoice Purchases with preference given to the entrant who can provide evidence, to the satisfaction of the Promoter, they paid NHS for the Eligible Invoice Purchases in dispute. 

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

23. 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. 

24. If any prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority. Images used in promotion advertising are indicative only. 

25. Total value of the prize pool of the promotion is $32,637. Prizes, or any unused portion of a prize, are not transferable (except in accordance with these Terms and Conditions) or exchangeable and are not redeemable for cash. 

26. If the Major Prize or Minor Prize(s) (with exclusion to the State of Origin prize) is unclaimed a prize draw will be conducted on 28 January 2020 at NHS, 6 Wentworth Road Cardiff NSW 2285 at 4pm, subject to any directions from a regulatory authority. If the State of Origin Minor Prize is unclaimed by 28 June 2019, a prize draw will be conducted on 1 July 2019, subject to any directions from a regulatory authority. If a winner is drawn they will be contacted by phone and in writing and have their details published online at www.nhs.trade/win within two (2) business days of the draw. 

27. 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. 

28. 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. 

29. 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. 

30. 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. 

31. 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. 

32. 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 their Privacy Policy, which can be viewed at https://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: LTPS/19/32349