Promoter The Promoter is Dulux Trade 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 Dulux Graco Cup Promotion (Promotion) will commence on 25 March 2024 and close at 11:59pm AEST on 5 May 2024 (Promotion Period).
Participating Store Stores participating in the Promotion are selected Dulux Trade Outlet stores, including Dulux Trade Centres, Paint Spot & participating Inspirations Paint stores (Participating Store). Stores will display promotion materials. If in doubt, an entrant may ask a store whether or not they are participating in the Promotion. It is the responsibility of the entrant to check with the Participating Store as to which store category the outlet is in and subsequently which prizes are available to be won in the particular Participating Store.
Entry Restrictions This promotion is only open to residents of Australia aged 18 years or over who are Australian Dulux Trade Account Holders for purchases made in Australia – in State Groups, NSW/ACT, SA/NT, WA, QLD, VIC/TAS.
Employees (and their Immediate Families) of the Promoter, the Participating Store or its parent companies, subsidiaries or affiliated companies, or any agencies associated with this promotion are ineligible to enter. “Employees” means any directors, management, employees, 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, stepbrother, step-sister or first cousin and the persons referred to above includes natural and non-natural relations (in the opinion of the Promoter).
The Promoter is responsible for determining whether a person is an eligible entrant in its absolute discretion. The Promoter may require entrants to provide reasonable proof that they meet the requirements for entry in the Promotion.
How to enter
Instore: To enter and be eligible to win, eligible entrants must, during the Promotion Period, purchase any Graco branded product (Eligible Products) in one transaction (Qualifying Transaction) at a Participating Store. Entrants must then visit the promotional website at https://share.hsforms.com/1dD0FCTZ5RS2V9qHqhn2Mtg3k54l, follow the prompts to the online entry form, complete the online entry form including the entrant’s name, Dulux Trade account number, phone number and email address, what Graco product purchased and then submit the fully completed form during the Promotion Period. Each customer who makes a Qualifying Transaction during the Promotion Period will automatically receive one (1) entry into the draw regardless of the amount of Eligible Products purchased in that transaction.
Bonus entry: To obtain one (1) bonus entry into the draw, eligible entrants must, during the Promotion Period, registered for and attend a Spray Day Event. The details for upcoming Spray Day Events will be announced via email to all Trade customers. Eligible entrants who register for and attend a Spray Day Event must have their name ticked off the registration list at the Spray Day Event in order to receive the one (1) bonus entry.
Prize draw A random electronic prize draw will be conducted at Switch Marketing, 6 Hodgson Street, Kew VIC 3101 by a representative of the Promoter at 2:00PM AEST on 13 May 2024. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn.
Entries will be divided into groups according to the Participating Store location as follows: NSW/ACT, SA/NT, WA, QLD, VIC/TAS (each a Group) The first twenty (20) valid entries randomly drawn in each of the NSW/ACT, VIC/TAS and QLD Groups and the first twelve (12) valid entries drawn in the WA and SA/NT Groups will each win one (1) Dulux Graco Cup Experience as detailed below.
Prize details Each Dulux Graco Cup Experience Prize (Prize) includes the opportunity to race in the Dulux Graco Cup Go Kart Race, valued at up to $260. The winner of the Go Kart Race will receive a commemorative trophy and a $500 Prezzee gift card. The locations and timings of the Prize in each State are to be confirmed by the Promoter, however the Prize will take place in each State between June and August 2024. Prize is subject to weather conditions and the Promoter reserves the right to reschedule the timing and location in case of inclement weather. Prize is experience only. Prize does not include travel costs and therefore all costs associated with getting to and from the relevant Go Kart track (which may require flights or accommodation, depending on winner’s location) are not included and will be the responsibility of the winner and their guest.
Total prize pool in each Group is as follows:
Prize value for NSW/ACT Group: $5,700
Prize value for SA/NT Group is: $3,620
Prize value for WA Group: $3,620
Prize value for QLD Group: $5,700
Prize value for VIC/TAS Group: $5,700
Notification Winners will be notified by phone and in writing within 2 business days of the Draw and the winner’s names will be published on dulux.com.au on 15 May 2024.
Prize Claim Date and Time Prizes must be claimed by 31 May 2024.
Unclaimed Prize Draw If a prize remains unclaimed or is forfeited for any reason, the Promoter may conduct a further draw as the Promoter deems necessary to distribute any unclaimed prize(s), subject to any written directions under relevant Lottery and Gaming Regulations. The Unclaimed Prize Draw (if any) shall take place on 7 June 2024 at the same time and location as the original draw.
Entry Limits One (1) entry per Qualifying Transaction and one (1) bonus entry is permitted per person.
Verification/Proof of Purchase Entrants must retain 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. Purchase receipt(s) must clearly specify the Participating store of purchase and that the purchase was made during the Promotional Period. 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.
Additional prize terms 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 replacement prize to an equal value.
Prizes are valued in Australian dollars. The Promoter accepts no responsibility for any variation in the Prize value. Prize winners are advised that tax implications may arise from their Prize winnings and they should seek independent financial advice prior to acceptance of their Prize.
Prize is subject to the standard terms and conditions of individual prize and service providers.
In the event of war, terrorism, state of emergency, pandemic or any other kind of disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion or suspend, substitute or modify a prize, subject to any written directions from a relevant regulatory authority.
Winners acknowledge that participation in the Go Karting Experience (“Activity”) is a dangerous activity that may result in injury or death, and participate at their own risk. Winners must: (a) attend, undergo and pass any appropriate training, briefings, required medical tests and other requirements of the Promoter and Activity organisers as determined by them in their absolute discretion; (b) not have any heart condition or history thereof, or other medical conditions that would make it dangerous to participate in the Activity; (c) not be under the influence of drugs or alcohol; (d) comply with all directions of the Promoter and Activity organisers at all times; and (e) wear all safety and other equipment required. The Promoter and Activity organisers, in their absolute discretion, at all times reserve the right to: (a) prevent any winner from participating in the Activity if, at any time, they reasonably believe that the winner poses a safety risk or for any other reason; and/or (b) cancel the Activity if the conditions are deemed dangerous. If the Activity is varied for any reason beyond the control of the Promoter it may not be rescheduled and no compensation will be offered.
Any ancillary costs associated with redeeming the Prezzee gift card are not included. Any unused balance of the Prezzee gift card will not be awarded as cash. Redemption of the Prezzee gift card is subject to any terms and conditions of the issuer including those specified on the Prezzee gift card.
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 and must not have overdue monies owing as at 3 May 2024 in order to be eligible to claim any Prize. Each Dulux Trade Account Holder Customer’s account must be paid in full by the agreed trading terms of the Dulux Trade Account to be eligible to claim any Prize. All other normal trading conditions of the Promoter apply.
Permit Numbers ACT Permit No. TP 24/00401
Terms and Conditions
1. Information on how to enter the Dulux Graco Cup Promotion and prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
2. All 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 to the ineligible person. Return of the Prize or payment of its equivalent value to the Promoter may be required by the Promoter if this occurs.
3. Each entrant is 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 entrant invalid, and/or prohibit further participation by an entrant in this Promotion or a prize event/activity if the entrant: a. 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; b. submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process; or c. 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 to modify, suspend, terminate or cancel the Dulux Graco Cup 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. Online and other electronic entries are deemed to have been received at the time of receipt into the promotion database and not at the time of transmission by the entrant.
9. Each entrant acknowledges that there may be inherent risks involved in entering this Promotion or taking or participating in the prize(s). Any entrant, prize winner and/or participants in a Promotion event may be required to sign an acknowledgement of risk and waiver of liability for participation in the Promotion or a Prize event and to expressly acknowledge that entry into this Promotion or participation in a Promotion event or Prize may be inherently dangerous, and that if they choose to participate they will do so at their own risk. A reasonable level of health and fitness may be required. The Promoter reserves the right to preclude participation of anyone refusing to sign the acknowledgement/waiver or any person who is suffering from asthma, epilepsy, significant back or neck problems, physical or mental disabilities, or is pregnant or in the Promoter's sole discretion is not able or suitable (for example, in relation to a person’s height or weight) to participate in any of the experiences for reasons of the participant's own or anyone else's safety.
10. 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 competition subject to approval from any relevant authority.
11. 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.
12. As a condition of claiming a Prize, the winner 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 suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
13. The prize(s) and/or parts of the prize(s) is/are not transferable or exchangeable and cannot be taken as cash (unless the prize is cash). If a Prize, or an element of a Prize, is unavailable for any reason, the Promoter reserves the right to substitute another prize of equal or greater value for that prize, or element of it, subject to the approval of any relevant authority. The Promoter and its representatives will not be liable for any damage to or delay in transit of Prizes.
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. 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 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) if the Dulux Graco Cup Experience is delayed, postponed or cancelled for any reason beyond the reasonable control of the Promoter (f) any tax liability incurred by a winner or entrant; or (g) use of a Prize.
16. 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 competition or accepting or using any prize, 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)
17. 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. Entry is conditional on providing this information. The Promoter may disclose the information for those purposes to its related bodies corporate and contractors. If entrants do not provide the information requested they will not be able to enter the Promotion.
18. 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.
19. 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 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.