Makita Mania

TERMS AND CONDITIONS

  1. Instructions on how to claim and the gifts form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions. Offer not valid in conjunction with any other offer.
  2. Claims are only open to Australian residents aged 18 years or over.
  3. Employees (and their immediate families) of the Promoter, Participating Stores (as defined below) and agencies associated with this promotion are ineligible to claim. 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, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
  4. Promotion commences for purchases on 08/11/2018 and closes for purchases at 11:59pm AEDST on 10/11/2018 (“Purchase Period”). Claims can be made from 08/11/2018 and must be made by 11:59pm AEDST on 30/11/2018 (“Claim Period”).
  5. To be eligible to claim a $100 gift card, individuals must spend $500 or more in a single transaction on Makita Products from a Participating Store during the Purchase Period (“Qualifying Spend”). A participating store is any Mitre 10 or Home Hardware store in Australia that displays advertising material for this promotion (“Participating Store”). 
  6. To claim their $100 gift card, individuals must then visit https://www.mitre10.com.au/makitamania or https://www.homehardware.com.au/makitamania (depending on where the Qualifying Spend was made), follow the prompts to the promotion claim page, upload their purchase receipt, input the requested details including full name, address, phone number and email address and submit the fully completed claim form during the Claim Period. Upon validation of each claim, the gift card/s will be posted by mail to the claimant’s home address. The number of gift cards awarded is to be determined by the amount spent in accordance with clause 13 below.
  7. Multiple claims permitted, subject to the following: (a) only one (1) claim permitted per Qualifying Spend (i.e. per $500 increment spent in a single transaction at a Participating Store in accordance with clause 5); and (b) each claim must be submitted separately and in accordance with claim requirements.
  8. The Promoter reserves the right, at any time, to verify the validity of claims and claimant’s (including a claimant’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 claim 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.
  9. Incomplete or indecipherable claims will be deemed invalid.
  10. Claimants must retain their original purchase receipt(s) for all claims as proof of purchase. Failure to produce the proof of purchase for all claims when requested may, in the absolute discretion of the Promoter, result in invalidation of ALL of a claimant’s claims and forfeiture of any right to a gift. Purchase receipt(s) must clearly specify the store of purchase and that the purchase was made during the Purchase Period but prior to claim.
  11. If there is a dispute as to the identity of a claimant, the Promoter reserves the right, in its sole discretion, to determine the identity of the claimant.
  12. The Promoter’s decision is final and no correspondence will be entered into.
  13. Subject to the total limit of $50,000 worth of gift cards not already being exhausted, valid claims submitted online in accordance with these Terms and Conditions will receive the gift of a $100 gift card for the Participating Store where the Qualifying Spend was made (either Mitre 10 or Home Hardware). One (1) x $100 gift card will be awarded for every $500 spent in each Qualifying Spend. For example, if a claimant were to spend $1,500 in their Qualifying Spend they would receive 3 x $100 gift cards.
  14. The gift card is subject to the standard terms and conditions as applicable and must be redeemed from the Participating Store where the Qualifying Spend was made.
  15. 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.  
  16. Total value of gifts to be provided under this promotion is $50,000. 
  17. If for any reason a claimant does not take a gift by the time stipulated by the Promoter, then the gift will be forfeited.
  18. If any gift is unavailable, the Promoter, in its discretion, reserves the right to substitute the gift with a gift to the equal value and/or specification, subject to any written directions from a regulatory authority.
  19. Gifts, or any unused portion of a gift, are not transferable or exchangeable and cannot be taken as cash.
  20. Claimants consent to the Promoter using their name, likeness, image and/or voice in the event they are a successful claimant (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.\
  21. 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 claimant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
  22. Any cost associated with accessing the promotional website is the claimant’s responsibility and is dependent on the Internet service provider used.
  23. The use of any automated software or any other mechanical or electronic means that allows a claimant to automatically claim repeatedly is prohibited and will render all claims submitted by that claimant invalid.
  24. 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.
  25. 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 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 gift value to that stated in these Terms and Conditions; (e) any tax liability incurred by a claimant; or (f) use of a gift.
  26. 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 https://www.mitre10.com.au/legal/privacy-policy/ and https://www.homehardware.com.au/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 claimant. The Privacy Policy also contains information about how claimants may opt out, access, update or correct their PI, how claimants 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. The Promoter will not disclose claimant’s PI to any entity outside of Australia.
  27. The Promoter is Mitre 10 Australia Pty Ltd (ABN 98 009 713 704) of 19 Corporate Drive, Heatherton VIC 3202, telephone 1300 131 843.

NSW Permit No. LTPS/18/28881 SA Permit No. T18/1826