PowerPass App competition

1. Information on how to enter and prize details form part of these Terms and Conditions. Entry into the Promotion is deemed acceptance of these Terms and Conditions.

2. The promoter is Bunnings Group Limited (ABN 26 008 672 179) of 570 Swan Street, Burnley Victoria 3121, telephone number 03 8831 9777 (“Promoter”).

3. Entry is only open to businesses located in Australia.

4. Directors, management and the employees of the Promoter, retailers and suppliers associated with this Promotion and the immediate family members of those individuals are ineligible to enter. Immediate family means any of the following: spouse, child, parent, brother, or sister.

5. The Promotion will commence on 06/03/2023 at 12.01am and final entries close at 11:59pm AEST on 16/04/2023 (“Promotional Period”).

6. To be eligible to enter, a business must either have an existing Cash, Credit or 30-day Credit Bunnings PowerPass commercial account (“PowerPass Account”) as at 06/03/2023 or must sign up for a PowerPass Account during the Promotional Period and prior to entry, and must be subscribed to receive Bunnings Trade PowerPass marketing communications. (“Eligible Business”).

7. For an Eligible Business to be eligible to enter, an authorised representative (aged 18 years or over) of an Eligible Business must, prior to or during the Promotional Period, download the Bunnings PowerPass App (“Activation”), available for iOS mobile devices from the App Store or for Android devices using Google Play, during the Promotional Period.

8. To enter and receive an automatic entry into the draw, an authorised representative of the Eligible Business must, during the Promotional Period, make any purchase (minimum spend $1) using the PowerPass App at the time of making their (“Qualifying Transaction”). An Eligible Business will receive one (1) entry for each purchase transaction using PowerPass App during the Promotional Period. For example, an eligible entrant will receive one entry (1) for spending between $1-$1.99 in one (1) transaction in accordance with this clause, one entry (1) for spending $50 in a single transaction, one (1) entry for spending $400 in accordance with this clause, etc. The maximum number of entries in total per Eligible Business into the Prize Draw is capped at ten (10) entries.

9. Eligible Businesses must not have overdue balance owing on their PowerPass Account as at the draw date (20/04/23) to be eligible to claim the prize, if drawn as the winner. One prize per winner.

10. The Promoter reserves the right, at any time, to verify the validity of entries, authorised representatives and Eligible Businesses (including an authorised representative’s age and place of employment, and an Eligible Business’ PowerPass Account status) and reserves the right, in its sole discretion, to disqualify any individual or Eligible Business 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 will 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.

11. If there is a dispute as to the identity of an authorised representative and/or Eligible Business, the Promoter reserves the right, in its sole discretion, to determine the identity of the representative and/or Eligible Business.

12. The random electronic draw will take place at approximately 1:00pm AEST on 20/04/2023, at The Band Marketing, Suite 13, 38 Thomas Drive Surfers Paradise 4217. The Promoter may draw additional reserve entries and record them in order in case an invalid entry is drawn. The owner of the winning Eligible Business will be notified in writing or by telephone within seven (7) business days of the draw. The winners of the Matador 6 burner BBQs will be announced in Bunnings Trade electronic direct mail newsletters after 24/04/23. The names of all the winners will also be published online at trade.bunnings.com.au from 24/04/2023.

13. The prize will be awarded to the owner of the winning Eligible Business who may, in his/her absolute discretion, allocate the prize to any employee of that Eligible Business.

14. The first five (5) valid entries drawn at random will win a Matador Edge 6 Burner BBQ (valued at retail price of $1099). There are five (5) BBQs to be won. The prizes will be available for pick up from the winners’ local Bunnings store. The following fifty (50) valid entries drawn will win a $50 Bunnings e-gift voucher. The e-gift voucher will be emailed to the winning recipients. Strictly one prize per winner.

15. If the prize remains unclaimed by 9:00am AEST on 24/07/2023, re-draw may take place at 10:00am AEST on 24/07/2023 at the same place as the original draw, subject to any written directions from a regulatory authority. In the case of a winner, they will be notified in writing and by telephone within seven (7) business days of the re-draw and the name of the winning Eligible Business will be published online at trade.bunnings.com.au from 31/07/2023

16. Prize is subject to the standard terms and conditions of individual prize and service providers. E-Gift vouchers are non-transferable and can’t be redeemed for cash. Full terms and conditions for Bunnings e-gift vouchers can be viewed at www.bunnings.com.au/terms-conditions/online-gift-cards.

17. The winners indemnify the Promoter for any loss due to electronic failure, or failure by any third party in the winners receiving the prize on any winner's electronic device, or printed versions.

18. If for any reason the winner does not take the prize (or part of the prize) at the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.

19. The Promoter’s decision is final and no correspondence will be entered into.

20. If the prize is unavailable for any reason, the Promoter reserves the right to substitute another prize of equal or greater value, subject to any directions from a regulatory authority.

21. Total prize pool value is up to $7,995 including GST. The prize, or any unused portion of the prize, is not transferable or exchangeable.

22. As a condition of accepting the prize, the winner consents to the Promoter announcing the winning name in any media for an unlimited period without remuneration for the purpose of promoting this Promotion (including any outcome).

23. 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 pandemic, 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 Eligible Business; or

   (B) subject to any directions from a regulatory authority, extend, suspend, terminate or cancel the Promotion, as appropriate.

24. Any cost associated with accessing the promotional website is the Eligible Business’s responsibility and is dependent on the Internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an Eligible Business to automatically enter repeatedly is prohibited and will render all entries submitted on behalf of that Eligible Business invalid.

25. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify any 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.

26. 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 an Eligible Business or authorised representative; or (f) taking/use of a prize.

27. As a condition of accepting the prize, the prize taker must sign any legal documentation as and, in the form, required by the Promoter and/or the Prize Supplier in their absolute discretion, including but not limited to a legal release and indemnity form.

28. The Promoter is bound by the Australian Privacy Principles contained in the Privacy Act (Cth) 1988. A copy of the Promoter’s privacy policy can be viewed at https://www.bunnings.com.au/policies/privacy-policy. To request access to, or to update or correct, personal information the Promoter holds about them, authorised representatives of Eligible Businesses can contact the office of the Promoter at the address set out in clause 2 or view the Privacy Policy for instructions. The Privacy Policy also contains information about how authorised representatives can complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. The Promoter collects personal information in order to conduct the Promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, Prize Supplier and, as required, to Australian regulatory authorities. Entry is conditional on providing this information. All entries become the property of the Promoter. The Promoter will not disclose entrant’s personal information to any entity outside of Australia.

ACT TP/23 00237 SA Permit T23/163