Terms of Use

This website is owned by DuluxGroup (Australia) Pty Limited (ACN 000 049 427) ("DuluxGroup") of 1956 Dandenong Road, Clayton, VIC 3168. Throughout these terms and this website, the terms "we", "us", "our" refer to the Company and any of our affiliated companies (as relevant).

If you use our website, you are agreeing to be bound by the terms listed below and any other laws or regulations which apply to this website.

General Disclaimer

This website has been compiled on the basis of general information current at the time of publication. Changes in circumstances after publication may affect the completeness or accuracy of this information. To the maximum extent permitted by law, we disclaim all liability for any errors or omissions contained in this information or any failure to update or correct this information. It is your responsibility to assess and verify the accuracy, completeness, currency and reliability of the information on this website, and to seek professional advice where necessary.

Nothing contained on this website is to be interpreted as a recommendation to use any product, process or formulation or any information on this website in a manner which infringes the intellectual property rights of any person, company or entity. We make no representations or warranties that use of the information on this website will not infringe such intellectual property rights.

We make no representation that the products displayed on this website are currently available or that their specifications are current and complete.  Display of any product does not constitute an offer or undertaking by us.

We make this website and its contents available on an as-is basis. We make no representations or warranties of any kind with respect to this website or its contents. To the maximum extent permitted by law, we disclaim any such representations or warranties as to the security, completeness, accuracy, merchantability or fitness for purpose of this website, including without limitation the information on this website, products referred to on this website and any email correspondence between you and us.

Nothing contained on this website amounts to an invitation to deal in shares or other securities of any entity related to us, including DuluxGroup Limited. Please seek independent professional advice before making a decision to invest in any entity related to us.

Intellectual Property Statement

Unless otherwise indicated, all copyright and other intellectual property rights in the website design, text, images, graphics, data, information, logos, and other materials on this website, including the selection and arrangement thereof, and all software relating to this website, belongs to or is licensed by DuluxGroup. This copyright is protected by Australian and international copyright laws. All trade marks, service marks, trade names, branding and get-up (trade dress) on this website belong to DuluxGroup, its related entities or its licensors. DuluxGroup, its related entities or its licensors do not give you any licence or right to use them.

Subject to the following paragraph, no material from this website may be copied, reproduced, distributed, modified, uploaded, transmitted, reused, re-posted, published or framed within another website without our prior written permission.

We grants you permission to download a copy of the material on this website in the usual course of operating your web browser, for your personal non-commercial use. You may also print hard copies of the material on this website, provided you retain all copyright and other proprietary notices on that material.

Limitation of Liability

The use or reliance on the information on this website is at your own risk. DuluxGroup, its related entities, its directors, employees, shareholders, agents and other representatives will not, under any circumstances, be liable for any injury, loss,  damage, claims, expenses, or liabilities whatsoever arising out of or related to the use, or inability to use, the information on this website or provided through this website by email. This limitation of liability includes, but is not limited to, compensatory, punitive, direct, incidental, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and third party claims.

To the maximum extent permitted by law, the Company does not accept any responsibility to maintain the material and services made available on this web site or to supply any corrections, updates, or releases in connection therewith. Any material on this website is subject to change without notice.

Nothing in these terms operates to limit or exclude liability that cannot by law be limited or excluded.  If you are a  consumer for the purposes of applicable State or Federal law in Australia, with the consequence that certain guarantees and certain rights and remedies are conferred on you which cannot be excluded, restricted or modified, then to the maximum extent permitted by law, our liability to you is limited at our option to: (a) in the case of goods: (i) replacement of the goods or the supply of equivalent goods; (ii) repair of the goods; (iii) payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) payment of the cost of having the goods repaired; and (b) in the case of services: (i) resupply of the services; or (ii) payment of the cost of resupplying the services.

Links

We permit linking to this website, provided that the full html page is loaded.  Any such links must not incorporate our trade marks or service marks, and must not be used to disparage or otherwise detrimentally affect the reputation of DuluxGroup or its related companies.

Information on this website may include links to the websites of others outside our network. These links are provided for your convenience only.  The inclusion of any link to other websites does not imply endorsement by the Company of third party companies, individuals, products, information, or opinions. We do not warrant that information on any third party websites is free from computer viruses or any defects, errors or infringements of intellectual property rights, nor do we authorise any such infringement by providing these links. We recommend you read the legal and privacy notices of any other websites that you visit.

If this website contains third party advertisements (such as banner ads or referral buttons) which contain embedded links to other sites where goods or services are advertised, the placement of such advertisements on this website does not constitute the recommendation or endorsement by us or any goods or services advertised by the third party. The third party advertiser is solely responsible to you for any representations or offers made by it, and for any goods or services which you agree to purchase or acquire from those third parties.

We disclaim liability for any loss or damage whatsoever arising from your use of links to third party websites.

Privacy Policy

When you use this website our hosting platforms or Internet Service Provider (ISP) may make a record of your visit and log your IP or server address, your domain name, the date, time and duration of your visit, the pages and documents you accessed, the previous site you had accessed (ie, the referring url) and the type of browser you are using. This information is collected for statistical purposes only, and we will not make any attempt to identify users according to their browsing activity. It is also possible that your ISP is logging your activity while you visit our site. This is beyond the control of DuluxGroup.

While you are visiting our site we may use cookies to facilitate a more personalised web browsing experience. You may disable cookies in your web browser's settings. Except where you volunteer personal or business information, we will not procure information about you via any alternative means while you visit our site. While we employ advanced data encryption technology when interfacing with its customers, suppliers and other partners, users should be aware that there is an inherent risk in transmitting any data electronically. This risk is inherent in all Internet dealings.

Any personal information sent to this website is subject to our Privacy Policy and privacy laws. If you do supply personal information, we are required to comply with our Privacy Policy and relevant privacy laws when we collect and use such information. To read our Privacy Policy please click here /privacy/

Unsolicited Materials and Ideas

It is our policy not to accept information from third parties which is confidential or proprietary. If you wish to retain the confidentiality of your information, do not submit it to us via email or otherwise.

Any non-personal information you submit to us will become our property, and we may use it for any purpose and in any way, including but not limited to, reproduction, disclosure, transmission, publication, and broadcasting or otherwise, without any obligation to reference or compensate you.

We are free to use any unsolicited ideas, artwork, inventions, developments, suggestions or concepts contained in any communication sent to this website by you for any purposes (including but not limited to the developing, manufacturing, advertising and marketing of products), without any obligation to reference or compensate you.

This will apply even if your material includes a statement contrary to these terms of use.

Indemnity

You agree to indemnify DuluxGroup, its related entities, its directors, employees, shareholders, agents and other persons involved in the creation of this website for all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this website, any information that you provide to DuluxGroup via this website or any damage that you may cause to this website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of the Australian Consumer Law.

Jurisdiction

If a dispute arises regarding these terms of use, the laws of the State of Victoria, Australia, will apply. In relation to any such dispute, you agree to submit to the non-exclusive jurisdiction of the courts of the State of Victoria, Australia, and the courts of appeal from them, and waive any rights that you may have to challenge the appropriateness of that forum.

If you access this website in a jurisdiction other than Victoria, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.

If the information on this website is translated into or presented in languages other than English, the English version of that information will be authoritative in relation to any disputes regarding its interpretation.

Updates to Terms

We reserve the right to make any changes and corrections to these terms at any time.

If any provision of these terms is held void, unenforceable or illegal, that provision will be severed, and the remaining provisions will have full force and effect.

 

Competition details

Promotion Name

MAKE SUMMER LAST PROMOTION  

 

Promoter

The Promoter is DuluxGroup (Australia) Pty Ltd (ABN 67 000 049 427) of 1956 Dandenong Road, Clayton, 3168, Australia.

Promotion Type

Game of chance.

Promotion Period

The Promotion will commence at 12.00am AEST on 30 September 2019 and close at 11.59pm AEST on 29 December 2019.

Entry restrictions

This promotion is only open to residents of Australia aged 18 years and over for purchases made in Australia. Employees (and their Immediate Families) of the Promoter, of Participating Stores or any of their respective parent companies, subsidiaries or affiliated companies, or any 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, parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin and the persons referred to above includes natural and non-natural relations (in the opinion of the Promoter).  The Promoter is responsible for determining whether a person is an eligible entrant in its absolute discretion.

How to enter

To be eligible to enter, individuals must purchase, in a single transaction, 10 litres or more of Cabot’s or Intergrain branded products (excluding Cabot’s or Intergrain accessories) from a participating Mitre 10, Home Timber & Hardware, Thrifty-Link or True Value Hardware store during the promotional period (Eligible Purchase). Participating Stores will display promotional materials. If in doubt, an entrant may ask a store whether or not they are participating in the Promotion.

 

 

1.     To enter, entrants must send an SMS to 0457 444 999 containing the promotional keyword’ SUMMER’”, their full name and residential postcode, in that order (with a space between each item), so that it is received before 11:59pm AEST on 29 December 2019. Any entries received which do not contain a valid keyword will be invalid. Limit of one entry per transaction.  Standard SMS rates apply. SMS entry cost will vary dependent on the mobile network used but will not exceed 55c. All valid entries received by text will be entered into the main prize draw.

 

Prize draw: Major Prize

Two Major Prizes will be randomly drawn by computer from all valid entries received during the Promotional Period. The prizes drawn will take place at Switch Marketing, 6 Hodgson St, Kew VIC 3101 on 8 January 2020 at 2pm AEDST.

 

The first two valid entries randomly drawn from all valid entries received up to the time of the relevant draw will win a prize as detailed below.

Prize details: Major Prize

The first two valid entries drawn will each win a Holiday to Phuket, Thailand, for two adults (Major Prize) which includes:

 

-       Return economy airfares for two adults from the winner’s nearest capital city to Phuket; and

-       Return coach airport to hotel transfers

-       6 Nights’ accommodation staying at the Amari Resort in a Superior room; and

-       Breakfast Daily

 

The maximum total value of the holiday (Major Prize) is up to AUD $4,390

Notification

Winners will be notified by phone and SMS within 2 business days of the applicable draw and their name will be published in The Australian newspaper on 17 January 2019.

Prize claim date and time

Prize must be claimed within 3 months of the end of the Promotion Period.

Unclaimed prize draw

2.     If required, an unclaimed prize draw may take place on 29 April 2020 at the same time and place as the original draw, subject to any directions from a regulatory authority. Winner, if any, will have their name(s) published on the published in The Australian newspaper on 8 May 2020.

Entry limits

3.     Multiple entries are permitted, subject to the following: (a) only one entry permitted per Eligible Purchase transaction; (b) each entry must be submitted separately and in accordance with entry requirements; and (c) must contain the valid promotional keyword.

Additional prize terms and Verification Requirements: Major Prize

4.     Entrants must retain their original purchase receipt(s) 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 entrant’s entries and forfeiture of any right to participate. Participating stores may not supply duplicate receipts for misplaced or indecipherable receipts.

5.      

6.     Entrants must, at the request of the Promoter, provide proof of identity, age and residency.

The Prize(s) and/or parts of the Prize(s) is/are not transferable or exchangeable and cannot be taken as cash. 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 equivalent value and/or specification.

Major Prize winner must travel within 12 months of notification of winning the Major Prize.  The Promoter or its agencies will make the Major Prize winners’ travel reservations, subject to booking and flight availability. Restrictions and block out periods apply including school holidays. Prize includes prepaid airfare taxes and standard checked luggage surcharges. Further conditions may apply. If for any reason the winner does not, once the prize has been booked, take the prize at the time stipulated, then the prize will be forfeited.  Once the Major Prize has been booked, no changes may be made. The winning entrant(s) and his or her travelling companions must travel on the same flight, at the same time and are responsible for their own transportation from their homes (whether they live in a metropolitan area or a regional area) to their nearest capital city airport. The Promoter may book flights with any airline in its absolute discretion.

 

All costs associated with a travel prize which are not expressly stated to be included in a Major Prize in the Prize Details, such as spending money, incidental hotel charges (such as mini bar, movies, telephone calls, food or beverages), transfers, meals, taxes, insurance, other travel or accommodation, luggage costs and all other ancillary costs, are the responsibility of the winner. The winner(s) and any travelling companion(s) are responsible for ensuring they have all necessary travel insurance and documents required to travel to Thailand and any other relevant place(s) (including any passports and visas). Any alterations or extensions to confirmed Prize details must be approved in advance by the Promoter (at its sole discretion) and will be at the expense of the winner. The Promoter is not responsible for the cancellation, delay or rescheduling of any part of a travel Prize and any costs incurred by the winner or any travelling companion(s) as a result (including accommodation costs) will be the responsibility of the winner. The winner is responsible for ensuring that they and their travelling companion(s) are fit to travel and have received appropriate immunisations and/or health checks prior to taking the Prize. The Promoter makes no representations about the travel destination. A credit card imprint or cash deposit may be required by the hotel from the winning entrant at check-in to the hotel for incidental charges during the winning entrant’s (and his or her companion’s) stay.  The winner or their travelling companion must hold a valid credit card and present it at check in. The Promoter is not responsible for any damage to the hotel room caused or contributed by the winning entrant or his or her companion.

 

Major Prize participants are responsible for compliance with any health, passport, visa and other requirements for entry into Thailand, any country en-route and for return to Australia (Travel Requirements).  Major Prize participants are responsible for making themselves familiar with, and following, the Australian Government's travel advisory and consular assistance advice available at www.smarttraveler.gov.au.

 

For the avoidance of doubt, any costs incurred in sourcing visas and / or passports are the responsibility of the Major Prize participants.

 

Participation in each Major Prize is subject to such other terms and conditions as may be imposed by those involved in providing other goods or services included in each Major Prize (Third Party Terms). 

 

Major Prize participants are responsible for compliance with all applicable Travel Requirements and Third Party Terms and bear all risks associated with failure to comply with any of them. They will be required to maintain an acceptable standard of behaviour while a participant in a Major Prize. The Promoter assumes no liability (and will provide no compensation) to a Major Prize winner and/or travelling companion who, as a result of any failure to comply with any Travel Requirements or Third Party Terms: (a) is unable to participate in a Major Prize (or any part of it); (b) is refused entry into any country; or (c) suffers any other loss or damage.

 

Prizes are valued in Australian dollars. The Promoter accepts no responsibility for any variation in the prize value. Prize winner is advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of their prize.

 

Permit Numbers

NSW Permit Number LTPS/19/, ACT Permit Number TP 19/, SA Permit No:

 

  1. Information on how to enter the Make Summer Last Promotion and prizes form part of these Terms and Conditions. Participation in this competition is deemed acceptance of these Terms and Conditions.
  2. All entrants acknowledge that the Promoter can rely on these Terms and Conditions even if the Promoter only learns of a person’s ineligibility after the Promoter has awarded a prize to the ineligible person. Return of the prize or payment of its equivalent value to the Promoter may be required by the Promoter if this occurs.
  3. Each entrant is responsible for ensuring his or her familiarity with these Terms and Conditions at the time of participation. The Promoter’s decision not to enforce a specific restriction (whether communicated to an entrant or not) does not constitute a waiver of that restriction or of these Terms and Conditions generally.
  4. Incomplete and indecipherable entries and any entry which has incorrectly entered personal information or contact details shall be deemed an invalid entry. No responsibility is accepted by the Promoter for late, lost, misdirected, ineligible or illegible/inaudible entries (including lost, stolen, forged, defaced or damaged proof of entry or things required by the Verification Requirements).
  5. The Promoter’s decision in relation to any aspect of these Term and Conditions and the Promotion is final and binding on every person who enters. No correspondence will be entered into.
  6. 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, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the Make Summer Last Promotion as appropriate.
  7. Entries must be the entrant's original work. The Promoter reserves the right to verify, or to require the entrant to verify, that the entry is the entrant's original work. If an entry cannot be verified to the Promoter's satisfaction, the entry will be deemed invalid.
  8. An entrant's entry must not include any content that contravenes any law, infringes the rights of any person or is obscene, offensive, potentially defamatory, discriminatory, indecent or otherwise objectionable or inappropriate (which includes, without limitation, any content involving nudity, malice, excessive violence or swearing); and
  9. The Promoter may, in its absolute discretion, edit, modify, delete, remove or take-down any part of an entrant's entry.
  10. Entries must be received by the Promoter and will be deemed to have been received at the time of receipt by the Promoter. Electronic entries are deemed to have been received at the time of receipt into the promotion database and not at the time of transmission by the entrant.
  11. Each entrant acknowledges that there may be inherent risks involved in entering this Promotion or taking or participating in the prize. Any entrant, prize winner and/or participants in a Promotion event may be required to sign an acknowledgement of risk and waiver of liability for participation in the Promotion or a Prize event and to expressly acknowledge that entry into this Promotion or participation in a Promotion event or Prize may be inherently dangerous, and that if they choose to participate they will do so at their own risk. The Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, communication network, computer equipment, software, technical problems or traffic congestion on the Internet or at any web site, or any combination thereof, including any error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise, injury or damage to entries or to participants' or any other person's computer related to or resulting from participation in or down-loading any materials in this Promotion. If the Promotion is not capable of being conducted due to circumstances beyond the Promoter's control, including due to any technical or communications problems, the Promoter reserves the right to amend, suspend or cancel the competition subject to approval from any relevant authority.
  12. 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 to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. 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. 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.
  13. The Promoter may, in its sole discretion, declare any or all entries made by an entrant invalid, and/or prohibit further participation by an entrant in this Promotion or a prize event/activity if the entrant:
    1. disrupts, annoys, abuses, threatens, harasses or attempts to do any of these things to the Promoter, another entrant or potential entrant of, or anyone else associated with, this Promotion; or
    2. engages in conduct in relation to this Promotion which is misleading, deceptive, fraudulent or damaging to the Promoter's goodwill or reputation.

 

  1. As a condition of claiming a prize, the Participant may be required to (at the Promoter’s discretion) 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.
  2. The Promoter may communicate or advertise this competition using Facebook. However, the competition is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants are providing their information to the Promoter and not to Facebook. Each entrant completely releases Facebook from any and all liability.
  3. The prize(s) and/or parts of the prize(s) is/are not transferable or exchangeable and cannot be sold or taken as cash (unless the prize is cash). If a prize, or an element of a prize, is unavailable for any reason, the Promoter reserves the right to substitute another prize of equal or greater value for that prize, or element of it, subject to the approval of any relevant authority. The Promoter and its representatives will not be liable for any damage to or delay in transit of prizes.
  4. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter the Promotion repeatedly is prohibited and will render entries submitted using such means as invalid.
  5. Except for any liability that cannot be excluded by law, the Promoter (including its 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, including, but not limited to, where arising out of the following: (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) any tax liability incurred by a winner or entrant; or (f) use of the prize.
  6. The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury, illness or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this competition or accepting or using any prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law). Nothing in these conditions restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).
  7. Entrants irrevocably consent and assign to the Promoter all intellectual property including copyright in the images submitted by them during this competition. Entrants also irrevocably 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 competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
  8. The Promoter collects personal information in order to conduct the Promotion and may, for this purpose, disclose such information to third parties required for the provision of the Prize. Entry is conditional on providing this information. The Promoter may disclose the information for those purposes to its related bodies corporate and contractors. If entrants do not provide the information requested they will not be able to enter the Promotion.
  9. CAUTION: Any attempt to deliberately undermine the legitimate operation of this 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 refer the matter to law enforcement authorities and/or to seek damages or such other civil remedies as the Promoter may determine from time to time to the fullest extent permitted by law.
  10. The Promoter is bound by the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). A copy of the Promoter's privacy policy can be viewed at http://www.dulux.com.au/privacy-policy. To request access to, or to update, personal information the Promoter holds about them, entrants can contact the office of the Promoter.