GW-Bunnings / Terms and Conditions

“GEARWRENCH AT BUNNINGS ACTIVATION” PROMOTION

TERMS AND CONDITIONS

1. Information on how to enter and the prize(s) 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.
3. 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, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
4. Entries into the promotion open on [5 January 2023] and close at 11:59pm AEDST on [9 March 2023] (“Promotional Period”).
5. To be eligible to enter, individuals must purchase any GEARWRENCH product from a participating Bunnings Warehouse (in-store or online) nationally during the Promotional Period (“Qualifying Transaction”).
6. To enter, individuals must then complete the following steps during the Promotional Period:

• Visit https://www.gearwrench.com.au/gw-bunnings;
• Follow the prompts to the promotion entry page;
• Input the requested details including the first and last name, email address, postcode, date of birth, phone number, upload a copy of the purchase receipt ; and
• Submit the fully completed entry form during the Promotional Period.

7. Multiple entries permitted, subject to the following: (a) only one (1) entry permitted per Qualifying Transaction; and (b) each entry must be submitted separately and in accordance with entry requirements.
8. Entrants must retain a copy of their 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.
9. 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 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.
10. Incomplete or indecipherable entries will be deemed invalid.
11. 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.
12. There will be one (1) draw conducted for the entries received each week of the Promotional Period, for a total of eight (8) draws (“Weekly Draws”), and there will be one (1) draw conducted from a collation of all Weekly Draw entries received for the entire Promotional Period (“Major Draw”). Subject to the starting and closing time of the Promotional Period, entries into each Weekly Draw will open each Monday [JA5] and close at 11:59pm AEDST each Sunday[JA6] . Entries in each Weekly Draw will NOT be entered into any subsequent Weekly Draws, however, all entries (including the Weekly Draw winners) will be entered into the Major Draw.
13. All draws, including Weekly Draws, will take place at Anisimoff Legal, 5/210 Central Coast Highway, Erina NSW 2250 at 1:00pm AEDST [INSERT DATE], in the presence of an independent scrutineer. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. Winners will be notified by email and phone within seven (7) business days, and their names will be published online at https://www.gearwrench.com.au/gw-bunnings on [INSERT DATE].
14. The Promoter’s decision is final and no correspondence will be entered into.
15. The first valid entry drawn from the Major Draw will win a Sea-Doo Jetski with custom modifications valued up to AU$12,599.00 including a REDCO single PWC trailer and two (2) JSW Powersports Nylon life vests. Trailer includes registration, compulsory third party insurance, stamp duty and dealer delivery charges (which may vary State by State).  Additional insurance, options, petrol and all other ancillary costs are the responsibility of the winner. The winner must collect the prize from [].
16. If the winner is, through any legal incapacity or otherwise, unable to register the trailer in their own name, then the winner may assign the trailer 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. The winner must provide the Promoter with certified copies of all required documentation as required by the Promoter before the prize is awarded. It is a condition of accepting the prize that the winner may be required to sign a legal release in a form to be determined by the Promoter in its discretion.
17. The next valid entry drawn from the Major Draw will win a GEARWRENCH tool kit valued at $9,999, including '989 Pc. Combination Tool Kit + 26” Tool Chest (X4) & 2 x 53” Trolley with 2 x Side Cabinets.
18. The next valid entry drawn from the Major Draw will win a GEARWRENCH tool kit valued at $4,699, including '521 Pc. Combination Tool Kit + 42” Tool Chest & Trolley. 
19. The first valid entry drawn from each Weekly Draw will each win a GEARWRENCH 111 PC Metric/Sae Socket Set & Reversible Metric Ratcheting Wrenches valued at $299.
20. Subject to the unclaimed prize draw clause, if for any reason a winner does not take a prize (or an element of the prize) at/by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
21. 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.
22. Total prize pool value is up to $17,090.
23. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
24. A draw for any unclaimed prizes may take place on [INSERT DATE] at the same time and place as the original draw, subject to any directions from a regulatory authority. Winners, if any, will be notified by email and phone, and will be published online at https://www.gearwrench.com.au/gw-bunnings from [INSERT DATE].
25. 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.
26. 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.
27. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used.
28. 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.
29. 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) any tax liability incurred by a winner or entrant; or (f) use / taking a prize.
30. 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 [INSERT WEB ADDRESS FOR FULL PROMOTER 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 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. The Promoter will not disclose PI to any entity outside of Australia
31. The Promoter is Apex Tool Group Pty Ltd (ABN 50 002 965 826) of  Suite 201, Level 2, 184 Bourke Rd, Alexandria NSW 2015, telephone 02 6021 6666 (“Promoter”).

NSW Authority No. TP/…….., ACT Permit No. TPxx/.... SA Permit No. T22/....