1. Information on How to Enter and prizes form part of these Conditions of Entry.

2. All Entrants into this Promotion are deemed to have accepted these Conditions of Entry.

3. The Promotion is only open to individuals who:
I. are residents of Australia; and
II. are aged 18 years or older or are under 18 years of age, who have obtained their parent or guardian’s consent to enter the Promotion on these Terms and whose parent or guardian have agreed to these Terms; and;
III. are not employees (or immediate family of such employees) of the Promoter, or any of its related corporations or any of their agencies associated with the Promotion; and
IV. have not won a prize/prizes valued either individually or collectively at more than $5,000 from the Promoter, or in any contest run by the Promoter, in the prior 12 month period prior to the commencement of this Promotion; and
V. have not been discovered to have used or attempted to use any more than one name in order to qualify to win any contest run by the Promoter except in the case of a legal change of name; and
VI. have not been discovered to have breached Conditions of Entry of previous contests run by the Promoter (“Entrant”).
“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 1st cousin and the persons referred to above includes natural and non-natural relations (in the opinion of the Promoter) and the Promoter is responsible for determining whether a person is an Eligible Entrant in its absolute discretion.

4. The Entrant is responsible for ensuring his or her familiarity with the Conditions of Entry 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 the Conditions of Entry generally.

5. All Entrants acknowledge that the Promoter can rely on these Conditions of Entry even if the Promoter only learns of a person’s ineligibility after the Promoter has awarded a prize to the ineligible person. Return of a prize or payment of its equivalent value to the Promoter may be required by the Promoter if this occurs.

6. The Promoter’s decision in relation to any aspect of these Conditions of Entry and of the Promotion is final and binding on every person who enters. No correspondence will be entered into.

7. All prices stated are in Australian dollars, represent the recommended retail price (“RRP”) and include GST. All references to times and dates are to times and dates in Melbourne. All times are stated using the 24 hour clock.

8. The Promotion commences 07 June 2009 at 00:01 and final entries close 11 July 2009 at 23:59 (“Promotion Period”). PRIZE DRAW

9. The Prize Draw will be conducted at Prime Focus Suite 104/55 Beach Street Port Melbourne Victoria 3207 at 12 noon on 15 July 2009.

10. Winners will be notified by telephone and mail and will have their details (initial, surname and postcode) published in The Australian on 12 August 2009.

UNCLAIMED PRIZE DRAW

11. If a prize, as a result of the Prize Draw, remains unclaimed or is forfeited for any reason the Promoter may conduct a further draw or draws as the Promoter deems necessary to distribute any unclaimed prize, subject to any written directions under relevant Lottery and Gaming Regulations (“The Unclaimed Prize Draw”). The Unclaimed Prize Draw (if any) shall take place at 12 noon on 28 October 2009 at 12.00 noon at 104/55 Beach Street Port Melbourne Victoria 3207. In the event of a winner(s) in the unclaimed prize draw, they will be notified by telephone and mail and their details (initial, surname and postcode) will be published in The Australian on 25 November 2009.
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HOW TO ENTER THE PRIZE DRAW

12. To enter the Prize Draw Entrants are required to log on to www.homehardware.com.au and follow the links to the Promotion website. Entrants are required to click on the ‘Vote for your favorite Dog’ icon, view the gallery of dogs, register their details and vote for their favorite dog in each State Group.

State Groups

NSW/ACT

VIC

TAS

SA/NT

WA

QLD

Each Entrant that submits a vote receives one (1) entry into the Prize Draw.
LIMIT OF ONE (1) VOTE PER PERSON.
LIMIT OF THREE (3) VOTES PER HOUSEHOLD.

ENTRY VERIFICATION

13. All entries in the Promotion may be subject to verification by the Promoter, including all Entrants MUST deliver to the Promoter (by such means as is determined in the absolute discretion of the Promoter) copies of any other documents the Promoter may request establishing eligibility to enter or win, including but not limited to evidence of age, residence or identity (“additional documentation”). The Promoter may make one or more requests for additional documentation. Once the identity of such additional documents is established, the Entrant must deliver the additional documents within 7 days of being asked to do so. At the Promoter's request, an Entrant MUST also, within 7 days of being asked to do so, allow the Promoter to inspect and copy the original of any such document.

14. The Promoter may, at its absolute discretion, disqualify any Entrant/s and declare any or all entries made by an Entrant/s invalid if the Entrant/s:
I. Tampers with the entry process; or
II. Tampers with the operation of the Promotion or web site; or
III. Is found to be using multiple aliases, household addresses or email addresses; or
IV. Acts in a disruptive manner; or
V. Fails to establish their entitlement to enter the Promotion to the Promoter's satisfaction; or
VI. Fails to produce additional documentation as required or produces additional documentation that, in the Promoter's opinion, are illegible, stolen, forged, reconstructed, altered, incomplete or tampered with in any way; or
VII. Acts in violation of these Conditions of Entry.

ENTRY DETAILS

15. Entrants can only enter in their own name.

16. Post Office boxes, Private Bags, Locked Bags or Common Boxes will not be accepted as postal addresses
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17. Entries are deemed to be received at the time of receipt in the Promotion database and NOT time of transmission by the Entrant.

18. No responsibility will be taken for lost, stolen, or late or misdirected entries.

19. Incomplete, indecipherable or entries which are not in the required format are not eligible to win.

PRIZES

20. The first valid entry drawn in the Prize draw will win a $500 Home Timber and Hardware Gift Card (“Gift Card”) PLUS the owner of the dog nominated in the winning entry drawn will win a Home Timber & Hardware Dog Kennel (“Dog Kennel”) valued at $500. The Dog Kennel is unpainted natural wood, made from 7/8mm plywood and is 900 mm (h) x 900 mm(w) x 1200mm (d).

21. Total value of all prizes drawn in this Promotion is $1,000.

PRIZE CONDITIONS

22. Prizes must be taken as stated. Prizes are not transferable or exchangeable and cannot be taken as cash.

23. The Gift Card is valid for 12 months from date of issue and is redeemable at any Home Timber and Hardware Store. The Promoter shall not be liable for a Gift Card that has been lost, stolen, forged, damaged or tampered with in any way. Redemption of the Gift Card is subject to Gift Card standard terms and conditions. Entitlements are not transferable or exchangeable and cannot be taken as cash. Any costs in excess of the value of the Gift Card (including GST) and all ancillary costs associated with redeeming the Gift Card are the responsibility of the winner. In the event that the cost of the products purchased by the winner is less than the value of Gift Card, the balance will be awarded as a further Gift Card and will not be awarded as cash.

24. Prizes cannot be sold, scalped, auctioned, raffled, pledged, or promoted as an incentive or reward by any third party as an inducement for any person or other entity to enter into any commercial or other arrangements with that third party. If a prize is obtained through any of these methods, it will not be honored.

25. Unless expressly stated within these Conditions of Entry regarding all prizes, all other expenses become the responsibility of the winner.

26. Prizes will be delivered at the cost of the Promoter to the residential address specified by the winners.

27. In the event that for any reason a prize winner does not take the whole or part of a prize at the time stipulated by the Promoter then that whole or part of the prize will be forfeited by the prize winner. Neither cash nor other form of compensation will be supplied in lieu of the forfeited whole or part of the prize.

28. The Promoter is neither responsible nor liable for any change in prize value of the prizes occurring between the date of printing Promotion materials and the date the prizes are claimed.

29. Dog Kennel (or components of) may require assembly and installation which is the responsibility of the winner.

30. Where relevant, the prize winners should look to the manufacturer of products and services awarded as prizes for all warranties. However, these Conditions of Entry do not exclude or limit the application of any statutory provision (including a provision of the Trade Practices Act 1974) where to do so would contravene that statute or cause any part of these terms and conditions to be void.

31. If for any reason a prize is no longer capable of being redeemed, the prize winner/s will receive a prize, as determined in the absolute discretion of the Promoter of equivalent value (as if the original prize had been awarded to that person, less any administrative expenses incurred by the Promoter), subject to the approval of the relevant Regulatory Gaming Authorities.

32. The Promoter and the agencies and companies associated with this Promotion take no responsibility for any prizes being damaged in transit, or for any delay in delivery of any prizes or for the prizes becoming lost or stolen after it or they have been delivered to, collected by and/or released to the prize winner(s).

PRIZE WINNERS

33. A prize will only be awarded where, if applicable, additional documentation fulfils all of the requirements of the Promoter’s verification tests and procedures. All tests and procedures are determined by the Promoter at its absolute discretion.

34. If a winning drawn is deemed not to comply with the terms and conditions of this Promotion, the entry will be declared invalid and a new winner will be determined by drawing a further valid entry.

35. If a prize winner is less than 18 years of age the prize will be awarded to the winner’s nominated parent or guardian at the Promoter’s sole discretion.

36. To the full extent permitted by law, the Promoter, its associated companies and agencies its employees servants and agents exclude all liability for any loss (including any damage, claim, injury, cost or expense) which is suffered or incurred by any Entrant and/or Prize winner in connection with the Promotion or prizes, including but not limited to:

I. any indirect, economic or consequential loss;
II. any loss arising from the negligent act or omission of any party;
III. any liability for personal injury or death

37. Entrants and/or prize winners must, if requested by the Promoter, agree to, sign and return to the Promoter within such time frame as is stipulated by the Promoter:

I. an eligibility form confirming their compliance with the Conditions and eligibility to accept a prize if drawn; and
II. a liability release, waiver and/or indemnity, in a form determined by the Promoter and in favour of the Promoter and/or any person or other entity associated with this Promotion.
A reply paid address will be provided by the Promoter for this purpose.

In the case of an Entrants’ or prize winners failure to return the signed eligibility form, releases and indemnities will result in the disqualification of that Entrant from the Promotion.

38. The prize winner/s shall be solely liable for any tax and/or other financial liabilities and/or implications that may arise from the prize winnings and shall keep the Promoter harmless in respect thereto. Independent financial advice should be sought by prize winners in so far as they consider it necessary.

GENERAL

39. Confirmation of printing errors and other quality control matters will not be used as a reason for refusing payment of a prize.

40. Promotional materials are void if stolen, forged, mutilated or tampered with in any way.

41. If for any reason this Promotion is not capable of running as planned, including because of infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the promoter which corrupt or affect the administration security, fairness, integrity or proper conduct of this Promotion, the Promoter reserves the right to cancel, terminate, modify or suspend or recommence the Promotion, subject to the approval of the authorities that have issued permits for its conduct.

42. The Promoter assumes no responsibility for and shall not be liable for:

I. any error, omission, interruption, or delay in the operation or transmission of any communication sent to (or by) the Promoter or any Entrant whether caused by problems with communication networks or lines, computer systems, software or internet service providers, congestion on any carrier network or otherwise; or
II. any technical difficulties with the entry mechanism. The Promoter does not warrant that the entry mechanism will be available at all times; or
III. any theft, destruction or unauthorized access to, or alteration of such communications; or
IV. any problem with, or technical malfunction of, any computer system or other equipment used for the conduct of the Promotion; or
V. any incorrect or incomplete information which may be communicated in the course of the administration of this Promotion.

43. 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.

PERSONAL INFORMATION

44. All entries become the sole property of the Promoter.

45. All information Entrants provide (“Personal Information”) will be used by the Promoter for the purpose of conducting this Promotion. If the Personal Information requested is not provided, the Entrant may not participate in the Promotion.

46. All Entrants consent to the storage of their Personal Information on the Promoter's database and the Promoter may use the Personal Information for future Promotion, marketing and publicity purposes regarding its products, including contacting the Entrant in the future for the Promoter’s or its related entity’s marketing purposes via
any medium including mail, telephone (regardless of whether the Entrant is registered on the Do Not Call Register) and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email or any other media including media not yet in existence unless an Entrant has marked the "opt-out" box on the online voting form.

47. The Promoter may disclose Entrants' Personal Information to its contractors and agents to assist in conducting this Promotion and as required, to Australian regulatory authorities.

48. Entrants can request access to update or correct their Personal Information held by the Promoter and may request that they not receive further Promotional or marketing communications from the Promoter by contacting the Promoter at the address below. Should an Entrant’s contact details change during the Promotion Period, it is the Entrant's responsibility to notify the Promoter.

49. The Promoter is bound by the National Privacy Principles in the Privacy Act 1988.

50. The Promoter is John Danks and Son Proprietary Limited (ABN 64 004 037 049) of 414 Lower Dandenong Road, Braeside Victoria 3195

Authorised under NSW Permit No. LTPS/09/00040 and ACT Permit No. TP 08/05349.