TERMS & CONDITIONS

Promotion Name

“Dulux Kayo” Promotion

Promoter

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

Promotion Type

Game of chance.

Promotion Period

The Promotion will commence at 12:01am AEST on 26/08/2019 and close at 5:00pm AEST on 20/09/2019 (“Promotion Period”).  All times referred to herein are AEST or AEDT, as applicable in VIC.

Participating Store

Stores participating in the Promotion are selected Dulux Trade stores (each a “Participating Store”). Participating Stores will display advertising material for the Promotion. If in doubt, an entrant may ask a store whether or not they are participating in the Promotion.

Entry Restrictions

The Promotion is only open to ‘Eligible Entrants’, being individuals aged 18 years or older who:

(a)    are residents of Australia;

(b)   have a Dulux Trade Account (that is, a Cash Card, 30-day account or Trade Card/Rewards member), or a New Housing Account; 

(c)    are not a member of a government agency or associated with a government department that has an account with the Promoter and/or makes purchases from the Promoter; 

(d)   are not a Commercial Account holder;

(e)    are not authorised distributors or resellers of the Promoter;

(f)     are not Employees (or Immediate Family of such employees) of the Promoter or any of its related corporations, employees of distributors and resellers or any agencies associated with the Promotion; and

(g)    have paid their account up to date in the month of July 2019.

“Employees” means any directors, management, employees, concessionaires, consultants, officers and contractors or other such people who perform work under the control of another in exchange for payment.

“Immediate Family(ies)” 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).

Purchase Requirement – Instant Win Prizes

To be eligible to enter the instant win component of the promotion, Eligible Entrants must spend $250 or more (including GST and paint levy) on any Participating Dulux Products (as defined below) in a single transaction from a Participating Store during the Promotion Period (a “Qualifying Transaction 1”). Eligible Entrants must provide their Dulux Trade Account details at the time of making the Qualifying Purchase in order to be eligible to enter.

Purchase Requirement – Gift With Purchase

To be eligible to claim a Gift (as defined below), Eligible Entrants must spend $500 or more (including GST and paint levy) on any Participating Dulux Products (as defined below) in a single transaction from a Participating Store during the Promotion Period (a “Qualifying Transaction 2”). Eligible Entrants must provide their Dulux Trade Account details at the time of making the Qualifying Purchase in order to be eligible to enter

Participating Dulux Products” include:

Dulux Weathershield; Dulux Weatherhsield +Plus; Dulux Wash&Wear; Dulux Wash&Wear +Plus; Dulux Prepcoat; Dulux Precision; Dulux Ceiling; Dulux SuperEnamel; Dulux Aquanamel; Dulux Effects; Porter’s Paint, Dulux branded paint accessories, Dulux Professional, Dulux Protective Coatings, Berger Premium, Feast Watson, Intergrain, Cabot’s, Dumond, Avista Concrete Products, Emer Products, Accessories in “Game on with Dulux” Catalogue other than exclusions listed below, Dulux AcraTex products other than exclusions listed below.

Excluded Products: Hadrian Contractor; Dulux AcraTex Dry Render, Exsulite Panel & Accessories, Exsulite Matrix, Multitex and Berger Gold Label, any Graco/Wagner Spray machine/equipment, and all thinners.

How To Enter & Claim

To enter or claim a Gift, Eligible Entrants must visit www.duluxkayopromotion.com, follow the prompts to the promotion entry page, input the requested details (including their Dulux Payer Number, email address and mobile number) for the Qualifying Transaction and submit the fully completed online entry form.

Eligible Entrants will then, within two (2) business days and subject to verification, receive an SMS which will either contain the Gift or a link to an Instant e-Scratchy, depending on the Qualifying Transaction made. For the removal of doubt, entrants who make a Qualifying Transaction 2, will receive two (2) separate SMS messages; one (1) containing a link to an Instant e-Scratchy and one (1) containing the Gift.

Instant e-Scratchy

Eligible Entrants must then click the link to open the e-Scratchy and “scratch” to reveal whether or not they have won an instant prize. Winners of an instant prize will then receive a prize claim link via SMS and email.

Winners must click on the link, follow the prompts to the prize claim page,  input their post address and choice of ball or Gift Card (if applicable) in order to claim the prize. Winners will then receive a second SMS confirming their prize and delivery time-line. All claims for instant prizes must be received by 5pm AEDT on 20/12/2019.

All valid entries received from winners and non-winners of an instant prize will be automatically placed into the unclaimed prize draw.

Instant Prizes

The following instant prizes are available to be won throughout the Promotion Period:

  • 3,000 x $20 Gift Card
  • 2,169 x $50 Gift Card
  • 1,300 x ball of winner’s choice (see below) valued at up to $169.99

At the time of claiming their prize, winners of a Gift Card must confirm the retailer for the Gift Card. The choice of retailers available is as follows:

  • Rebel Sport
  • BCF
  • Supercheap Auto.

Any ancillary costs associated with redeeming the gift card are not included. Any unused balance of the gift card will not be awarded as cash. Redemption of the gift card is subject to any terms and conditions of the issuer including those specified on the gift card.

At the time of claiming their prize, winners of a ball must confirm their choice of ball. The choice of balls available is as follows:

  • Sherrin (AFL)
  • Steeden (Rugby League)
  • Nike (Soccer/Football)
  • Gilbert (Rugby Union)

The total value of instant prizes available to be won is $389,437.

Limits On Entry – Instant Prizes

Multiple entries are permitted, subject to the following: (a) only one (1) entry permitted per Qualifying Transaction (regardless of the amount spent in that transaction in excess of $250); and (b) each entry must be submitted separately and in accordance with entry requirements.

Limit of four (4) Instant e-Scratchies (winning and non-winning) permitted per Dulux Trade Account.

Gift

Every valid Gift claim received will be awarded one (1) three-month Kayo subscription valued at $75 (the “Gift”). The Gift will be awarded via a code in a SMS which Eligible Entrants must then use directly on the Kayo website to redeem the Gift. 

Limit of one (1) Gift permitted per Dulux Trade Account.

Publication

All instant prize winners from ACT will have their name published online at https://www.dulux.com.au/applicator/services/latest-news

from 30/09/2019.

Unclaimed Prize Draw

A draw for any won but unclaimed instant prizes valued at over $50 (i.e. the ball) may take place on 08/01/2020 at 10am AEDT at The M&C Collective, Suite 51A, 23 Norton Street, Leichardt NSW 2040.  Winners, if any, will be notified by SMS within two (2) business days of the redraw, and any winners from ACT will also have their name published online at https://www.dulux.com.au/applicator/services/latest-news from 17/01/2020.

Verification /Proof of Purchase

If requested by the Promoter, Eligible Entrants must produce, within the time requested by the Promoter at its absolute discretion, appropriate photo identification or other documentation required by the Promoter to verify their identity, age, eligibility to enter the Promotion and claim a prize (if won), and compliance with these Terms and Conditions.

If the items required by the Promoter are not received or an entrant has not been verified to the satisfaction of the Promoter within the time period required by the Promoter, the entrant’s entry(s) will be deemed invalid.  A prize or Gift will only be awarded following all verification requirements of the Promoter being met to its satisfaction.  In the event that an entrant cannot provide suitable verification, the entrant will forfeit their prize (if won) or Gift and no substitute will be offered.

If more than one (1) person attempts to claim a prize or Gift, the Promoter has sole and absolute discretion to determine which of those persons the winning entrant is.

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 a prize or Gift. Purchase receipt(s) must clearly specify the store of purchase and that the purchase was made during the Promotion Period but prior to entry.

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 including but not limited to tampering by way of use of techniques designed to avoid the payment of SMS costs 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.

Trade Account Holders

Dulux Trade Account Holder Customers must not be in breach of the Promoter’s trading terms at any time during the Promotion Period Each Dulux Trade Account Holder Customer’s account must be fully paid as per the Promoter’s trading terms at the time the prize or Gift is claimed.

Permit Numbers

Authorised under:

NSW Permit No. LTPS/19/36289 

ACT Permit No. TP19/03769 

SA Permit No. T19/1165

  1. Information on how to enter the “Dulux Kayo” Promotion, Gifts and prizes form part of these Terms and Conditions.  Participation in this promotion is deemed acceptance of these Terms and Conditions.
  2. Eligible 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 or Gift to the ineligible person. Return of the prize or Gift or payment of its equivalent value to the Promoter may be required by the Promoter if this occurs.
  3. Eligible Entrants are 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. The Promoter may, in its sole discretion, declare any or all entries made by an Eligible Entrant invalid, and/or prohibit further participation by an entrant in this Promotion or a Gift or prize event/activity if the Eligible 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;
    2. submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process; or
    3. engages in conduct in relation to this Promotion which is misleading, deceptive, fraudulent or damaging to the Promoter's goodwill or reputation.
  7. 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 and subject to the relevant regulatory authority approval, to modify, suspend, terminate or cancel the “Dulux Kayo” Promotion, as appropriate.
  8. Entries must be received by the Promoter and will be deemed to have been received at the time of receipt by the Promoter and not at the time of transmission by the Eligible Entrant.
  9. 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 promotion subject to approval from any relevant authority.
  10. 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.
  11. As a condition of claiming a prize or Gift, Eligible Entrants 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 or Gift suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
  12. The Promoter may communicate or advertise this promotion using Facebook. However, the promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Eligible Entrants are providing their information to the Promoter and not to Facebook. Each Eligible Entrant completely releases Facebook from any and all liability.
  13. The prizes and Gifts (and/or parts of the prizes and Gifts) are not transferable or exchangeable and cannot be taken as cash. If a prize or Gift (or an element of a prize or Gift), is unavailable for any reason, the Promoter reserves the right to substitute another prize or Gift of equal or greater value for that prize or Gift, or element of it, subject to the approval of any relevant authority.
  14. 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.
  15. 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.
  16. 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 or Gift 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 or Gift value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or Eligible Entrant; or (f) use of the prize and/or Gift.
  17. 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 Promotion or accepting or using any prize or Gift, 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).
  18. Eligible Entrants irrevocably consent and assign to the Promoter all intellectual property including copyright in the images submitted by them during this promotion.  Eligible 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 promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
  19. 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 or Gift. Entry is conditional on providing this information.  The Promoter may disclose the information for those purposes to its related bodies corporate and contractors. If Eligible Entrants do not provide the information requested they will not be able to enter the Promotion.
  20. The Promoter will not disclose Eligible Entrant’s personal information overseas.
  21. In addition to the privacy term set out above, if the entrant has ticked the "opt-in" box, the Promoter may also use personal information entrants provide to send information about the Promoters products and services (including via electronic means), and may disclose the information to its related bodies corporate, agencies and contractors (including call centres, advertising agencies and direct mail houses) the Promoter engages for that purpose.
  22. 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.
  23. 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 www.dulux.com.au. To request access to, or to update, personal information the Promoter holds about them, entrants can contact the office of the Promoter.