Win a Holden Colorado Home hardware

We are on the hunt for Australia’s proudest, most passionate and dedicated tradie. If that's you then upload a pic and tell us your story (in 200 words or less) to be in the running to be crowned ‘2017 Tradie of the Year’ and score yourself a brand new Holden Colorado.
Keep the votes coming in! Remember, the top 25 Tradies will be considered finalists for final judging. Voting closes 11:59pm AEST on 31/08/2017.
“TRADIE OF THE YEAR 2017” PROMOTION
TERMS AND CONDITIONS
Entry Instructions
1. Entry is only open to Australian residents aged 18 years or over who are employed in a trade.
2. 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, stepgrandparent,
uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
3. Entry opens on 03/07/2017 and final entries close at 11:59pm AEST on 31/08/2017 (“Entry Period”).
4. To enter, eligible individuals must complete the following steps during the Entry Period:
a) take an original and creative photo that demonstrates the passion they have for their trade
(“Photo”). For example, Photos could show paving at the entrant's house that they completed, a
building at the entrant's local scout house that they built, the entrant volunteering at construction
classes in the local community, the entrant’s shed full of inventions, etc; and then
b) visit either www.tradieoftheyear.com.au (or www.homehardware.com.au and click on a promotional
banner), follow the prompts to the promotion entry page, input the requested details (including their
full name, the name of the company at which they are employed, the type of trade they are
employed in (selected from the drop-down menu, if an individual selects builder as their trade they
must also specify what type of builds they work on from a drop down list provided), a valid email
address, and State of residence and postcode), select their preferred Home Timber and Hardware
store from the drop-down menu, upload their Photo, explain their passion for their trade and why
they should be the ‘Tradie of the Year’ in 200 words or less (“Description”), agree to the Terms
and Conditions and Promoter’s Privacy Policy by ticking the relevant tick box, and submit the fully
completed entry form.
Each entrant warrants to the Promoter that each Photo and Description (together an “Entry”) submitted
is an original creative work of the entrant that does not infringe on the rights of any third party. The
content featured in each Entry must comply with the provisions contained in clause 29.
5. All Entries will be reviewed by the Promoter for compliance with these Terms and Conditions. Once an
Entry has been approved by the Promoter (which may take up to 24 hours), it will then be uploaded to
www.tradieoftheyear.com.au for public voting. Entries that contain prohibited or inappropriate content,
or are otherwise in breach of these Terms and Conditions, as determined by the Promoter, will at the
discretion of the Promoter will not be uploaded to the website. In addition, any entrant that submits such
content will not be eligible to win a prize in this promotion.
6. Once an entrant’s Entry has been successfully uploaded to the website, they will receive a confirmation
email from the Promoter. The email will also contain a unique URL which will allow the entrant to share
their Entry on social media.
7. Only one (1) Entry permitted per person.
8. Incomplete or indecipherable entries will be deemed invalid.
Voting Instructions
9. Voting opens on 03/07/2017 and final votes close at 11:59pm AEST on 31/08/2017 (“Voting Period”).
10. To vote, individuals must complete the following steps during the Voting Period:
a) visit tradieoftheyear.com.au and follow the prompts to the voting gallery;
b) click the ‘vote’ button corresponding to their favourite Entry;
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c) input their email address as prompted. A confirmation email will then be sent to their email address;
and then
d) click on the link in the confirmation email to finalise their vote.
11. No prize will be awarded for the act of voting.
12. The Promoter reserves the right, at any time: (a) to invalidate any votes which it reasonably suspects
have been submitted using false, incorrect, fraudulent or misleading information, including but not
limited to personal details and contact information and/or votes that have been submitted through the
use of multiple identities, email addresses or accounts, including but not limited to social networking
accounts; and/or (b) to disqualify any entrant/voter (or invalidate his/her Entry) that the Promoter
reasonably suspects has paid, bartered or offered payment or other consideration to another person in
exchange for votes or has otherwise encouraged or procured any person to submit votes contrary to
these Terms and Conditions.
13. Multiple votes permitted, subject to the following: (a) each vote must be submitted separately and in
accordance with voting requirements; and (b) a maximum of one (1) vote is permitted per person per
entry. For the sake of clarity, individuals are eligible to vote for multiple entries, however, they may only
vote for each entry once.
Determination of Finalists
14. At the end of the Voting Period, the Promoter will review the number of valid votes each Entry received.
Subject to clause 15, the twenty five (25) Entries to receive the highest number of valid votes (compared
to all other Entries) will each be considered a finalist (“Finalist”). Each Finalist’s Entry will then be
uploaded to www.tradieoftheyear.com.au for public viewing on 01/09/2017.
15. In the event of a tie between two (2) or more Entries for a Finalist position, the Promoter will judge all
such tied Entries against each other and determine the Finalist based on the criteria outlined in clause
16 below.
Determination of Winner & Runners-Up
16. The Promoter will then judge each Finalist Entry against each other based on: (a) the originality and
creative merit of the Photo submitted; and (b) the originality, creative merit, and literary merit of the
Description submitted, and how deserving the Finalist is of the ‘Tradie of the Year’ position based on
their Description.
17. The best valid Finalist Entry, as determined by the judges, will win be the winner (“Winner”), will be
granted the title of “Tradie of the Year’ for 2017, and will be awarded a 2017 MY17 Holden Colorado
Z71 Crew Cab Pickup with automatic transmission. Total prize value is up to AU$64,384 including
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 Promoter may, in its absolute discretion, accommodate the Winner’s colour
preference (excluding metallic options), subject to availability. The Winner must collect the prize from
their nearest authorised Holden dealership. 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 car 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.
18. The other twenty four (24) Finalists will each be a runner-up (“Runner-Up”), and will each be awarded
a $500 Home Timber & Hardware Voucher. Any ancillary costs associated with redeeming the voucher
are not included. Any unused balance of the voucher will not be awarded as cash. Redemption of the
voucher is subject to any terms and conditions of the issuer including those specified on the Voucher.
19. The Winner and Runners-Up will be notified by telephone and email on 05/09/2017.
General
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20. Information on how to enter, vote and the prize form part of these Terms and Conditions. Participation
in this promotion is deemed acceptance of these Terms and Conditions.
21. This is a game of skill and chance plays no part in determining the Finalists, Runners-Up or Winner.
22. The Promoter’s decision is final and no correspondence will be entered into.
23. The Promoter reserves the right, at any time, to verify the validity of entries/votes and entrants/voters
(including an entrant’s/voter’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/voting 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.
24. If there is a dispute as to the identity of an entrant/voter, the Promoter reserves the right, in its sole
discretion, to determine the identity of the entrant/voter.
25. If for any reason a Runner-Up/Winner does not take a prize by the time stipulated by the Promoter, then
the prize will be forfeited.
26. If any prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with
a prize to the equal value and/or specification.
27. Total prize pool value is up to AU$76,384.
28. Prizes, or any unused portion of a prize, is not transferable or exchangeable and cannot be taken as
cash.
29. Entrants agree that they are fully responsible for any materials they submit via the promotion including
but not limited to Photos and Descriptions (“Content”). The Promoter shall not be liable in any way for
such Content to the full extent permitted by law. The Promoter may remove or decline to publish any
Content without notice for any reason whatsoever. Entrants warrant and agree that:
(a) they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in
breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene,
derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening,
objectionable with respect to race, religion, origin or gender, not suitable for children aged under
15, or otherwise unsuitable for publication;
(b) their Content shall not contain viruses or cause injury or harm to any person or entity;
(c) they will obtain prior consent from any person or from the owner(s) of any property that appears in
their Content;
(d) the Photo submitted is the original work of the entrant;
(e) they will obtain full prior consent from any person who has jointly created or has any rights in the
Content to the uses contemplated by these Terms and Conditions, and the Content does not
infringe the rights of any third party;
(f) they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’
moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority
to grant these rights; and
(g) they will comply with all applicable laws and regulations, including without limitation, those
governing copyright, content, defamation, privacy, publicity and the access or use of others'
computer or communication systems.
Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of
the above terms.
30. As a condition of entering this promotion, each entrant licenses and grants the Promoter, its affiliates
and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable
right to use, reproduce, modify, adapt, publish and display their Entry (which shall include Content) for
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any purpose, including but not limited to future promotional, marketing or publicity purposes, in any
media, without compensation, restriction on use, attribution or liability.
31. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are
a Winner or Runner-Up (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.
32. As a condition of accepting the prize, the Winner agrees to provide the Promoter with photographs of
themself with and/or using the prize (e.g. the Winner accepting their prize at the dealership, or the
Winner using the prize whilst working), (“Winner Car Photographs”). All required Winner Car
Photographs are subject to the Promoter’s approval. The Winner licences and grants the Promoter its
affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sublicensable
right to use, reproduce, modify, adapt, publish and display their Winner Car Photographs for
any purpose, including but not limited to publication on the Promoter’s Facebook Page, future
promotional, marketing or publicity purposes, in any media, without compensation, restriction on use,
attribution or liability. The Winner warrants to the Promoter that the Winner Car Photographs to be
provided will be their original work and not infringe the rights of any third party, or that he/she will obtain
full prior consent from any person who has jointly created or has any rights in the Winner Car
Photographs to the uses contemplated by these Terms and Conditions, and the Winner Car
Photographs do not infringe the rights of any third party. The Winner consents to any use of the Winner
Car Photographs, which may otherwise infringe the creator’s/creators’ moral rights pursuant to the
Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights. The Winner
agrees to indemnify the Promoter against all costs and claims by third parties arising from a breach of
this warranty.
33. 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/voter; or (b) to modify,
suspend, terminate or cancel the promotion, as appropriate.
34. Any cost associated with accessing the promotional website is the entrant’s/voter’s responsibility and
is dependent on the Internet service provider used.
35. 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.
36. 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, Runner-Up, or entrant or voter; or (f)
taking/use of a prize.
37. The use of any automated entry or voting software or any other mechanical or electronic means that
allows an entrant to automatically enter or vote repeatedly is prohibited and will render all entries/votes
submitted by that entrant invalid.
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38. 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 and prize suppliers. 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 http://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 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 be using a software company
located in Canada (i.e. Wishpond to facilitate the running of the promotional website, and as such,
entrants’ PI will be disclosed overseas to this company.
39. The Promoter may also disclose PI to the Home Timber & Hardware (HTH) store nominated by the
entrant at the time of registration. Any such HTH store may use the PI for the purposes of carrying out
marketing, planning, product development and direct mail, telemarketing and promotional campaigns
and for publicity, research and profiling purposes unless a entrant otherwise withdraws their consent to
the use of their information in this manner.
40. The Promoter may also disclose PI to Holden Australia, if an entrant consents to such disclosure at the
time of entry, who may use the information for their own marketing purposes. For details on how PI will
be handled by Holden Australia entrants should view their privacy policy (which will be made available
at the time of entry)
41. The promoter is Home Timber & Hardware Group Pty Ltd (ABN 64 004 037 049) of 15 Corporate Drive,
Heatherton, VIC 3202 (“Promoter”).