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Competition details

Promotion
Name
Berger Spring Cash Giveaway 
Promoter The Promoter is Berger Paints, a division of DuluxGroup (Australia) Pty Ltd (ABN 67 000
049 427) of 1956 Dandenong Road, Clayton, 3168, Australia.
Promotion
Type
Game of chance.
Promotion
Period
The Promotion will commence at 12.00am AEDT on 16/08/21 and will close at 11.59pm
AEDT on 11/09/21.
Participating
Store
Participating stores in this Promotion will be Inspirations Paint Stores nationally who stock
Berger Premium and Berger Breeze products. Participating Stores will display promotion
materials. If in doubt, an entrant may ask a store whether or not they are participating in the
Promotion.
Entry
restrictions
This promotion is only open to Australian resident individuals aged 18 years and that are
Inspirations Paint Club members. Employees (and their Immediate Families) of the
Promoter, the Participating Store or any of their respective parent companies, subsidiaries or
affiliated companies, or any agencies associated with this promotion are ineligible to enter.
“Employees” means any directors, management, employees, concessionaires, consultants,
officers and contractors or other such people who perform work under the control of another
in exchange for payment. “Immediate family” means any of the following: spouse, exspouse,
de-facto spouse, child or step-child, parent, step-parent, grandparent, stepgrandparent,
uncle, aunt, niece, nephew, brother, sister, step-brother, stepsister or first
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.
How to enter To enter and be eligible to win, an individual must be a member of the Inspiration’s Paint
Club Loyalty Program ‘Paint Club’ (‘Eligible Entrant’). If an individual is not a member of
‘Paint Club’, they are able to enrol in the loyalty program by visiting
https://www.inspirationspaint.com.au/register. Entrants must be a member of ‘Paint Club’
prior to making a qualifying purchase to be eligible to win a prize.

Eligible Entrants must then, during the Promotion Period, purchase $100 or more on
participating Berger Paint products, in a single transaction, through their ‘Paint Club’ account
(‘Qualifying Purchase’). Participating products include all Berger Premium and Berger
Breeze products (‘Eligible Products’). Excludes all Berger Jet Dry, Berger Gold Label and
Berger Dimensions products.

Entry is automatic at the time when a qualifying purchase is made and entries are registered
via the individuals ‘Paint Club’ account.
Prize draw The promotion consists of four (4) weekly State Based Prize Draws and one (1) National Prize
Draw.

Weekly State Based Prize Draws: At the conclusion of each week of the promotion, all
entries received during that week will be divided into four (4) State/Territory groups based on
the entrant’s place of residence as determined by the postcode listed on their “Paint Club’
account. State/Territory Groups are as follows: VIC/TAS, NSW/ACT, QLD, SA/NT/WA.

A Prize Draw will be conducted each week determining one (1) winner from each State/
Territory group. The Prize Draw schedule is as follows: Week 1: Entries received from
12.00am AEDT on the 16/08/21 to 11.59pm AEDT on the 22/08/21 to be drawn on the
25/08/21. Week 2: Entries received from 12.00am AEDT on the 23/08/21 to 11.59pm AEDT
on the 29/08/21 to be drawn on the 01/09/21. Week 3: Entries received from 12.00am AEDT
on the 30/8/21 to 11.59pm AEDT on the 5/09/21 to be drawn on the 8/09/21. Week 4: Entries
received from 12.00am AEDT on the 6/9/21 to 11.59pm AEDT on the 11/09/21 to be drawn
on the 15/09/21.

National Prize Draw: At the conclusion of the promotion, a prize draw combining all entries
received from all State/Territory Groups during the promotional period will be conducted
determining one (1) winner. The national Prize draw will take place on the 17/09/21.

All prize draws will be drawn by computer and take place at 2pm on the draw dates listed
above at Switch Marketing, 6 Hodgson St, Kew, Vic 3101. The Promoter may draw additional
reserve entries in each draw and record them in order in case an invalid entry or ineligible
entrant is drawn.
Prize Details The first valid entry drawn from each State/Territory Group in each weekly prize draw will win
$1,000AUD. The maximum State/Territory Group Prize Pool value across four weekly draws
is $4,000AUD.

The first valid entry drawn in the national prize draw conducted at the conclusion of the
promotion will win $9,000AUD.

The Maximum Prize Pool Value to be awarded in a State/Territory Group, combining the
weekly and national draws is $13,000AUD.
Notification Winners will be notified by email & phone within two (2) business days of each respective
Prize Draw, and their names published on www.berger.com.au on the 24/9/21.
Prize claim
date and time
Prize must be claimed within 3 months of the end of the Promotion Period.
Unclaimed
prize draw
If required, an unclaimed prize draw may take place on 14/1/2022 at 2pm at the same
location as the original draw, subject to any directions from a regulatory authority. Winner(s),
if any, will have their name(s) published on www.berger.com.au on the 21/01/2022.
Entry limits Multiple entries are permitted, subject to the following: (a) only one entry permitted per Eligible
Purchase transaction (regardless of amount purchased over $100 in a single transaction); (b)
each entry must be in accordance with entry requirements.
Additional
prize terms
and
Verification
Requirements
The Prize(s) is/are not transferable or exchangeable.

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.

The cash prize is to be paid by direct debit into an Australian bank account of the winners
choosing. Allow 5 business days for transfer of prize-winning funds to winners bank account
from date of supply of banking details by winners to the promoter.

Prizes are valued in Australian dollars. Prize winner is advised that tax implications may
arise from their prize winnings and they should seek independent financial advice prior to
acceptance of their prize.
Permit
Numbers
NSW Authority No: TP/00158; ACT Permit No: TP21/01231; SA Licence No: T21/1121

 

  1. Information on how to enter the Berger Spring Cash Giveaway Promotion and prizes form part of these
    Terms and Conditions. Participation in this competition 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. 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.
  5. 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 without limitation war, terrorism,
    state of emergency, pandemic or any other kind of disaster), the Promoter reserves the right, in its sole
    discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) to modify, suspend,
    terminate or cancel the Berger Spring Cash Giveaway Promotion , as appropriate. Changing, modifying or
    suspending the Promotion is subject to relevant state and territory regulations.
  6. The Promoter may, in its absolute discretion, edit, modify, delete, remove or take-down any part of an
    entrant's entry.
  7. Entries must be received by the Promoter and will be deemed to have been received at the time of receipt by
    the Promoter.
  8. 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.
  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 to disqualify any entrant or entry that is not in accordance
    with these Terms and Conditions or who tampers with the entry process. 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.
  10. 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:
    1. 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; or
    2. engages in conduct in relation to this Promotion which is misleading, deceptive, fraudulent or
      damaging to the Promoter's goodwill or reputation.
  11. As a condition of claiming a prize, the Participant 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.
  12. The Promoter may communicate or advertise this competition and its winners using Facebook. However, the
    competition is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants
    are providing their information to the Promoter and not to Facebook. Each entrant completely releases
    Facebook from any and all liability.
  13. The Promoter and its representatives will not be liable for any damage to or delay in transit of prizes.
  14. 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) any tax liability
    incurred by a winner or entrant; or (f) use of the prize.
  15. 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).
  16. Entrants irrevocably consent and assign to the Promoter all intellectual property including copyright in the
    images submitted by them during this competition. Entrants also irrevocably 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 competition (including any outcome), and promoting any products manufactured, distributed
    and/or supplied by the Promoter.
  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. In addition to the privacy term set out above, by participating in the promotion, entrants consent that the
    Promoter may also use entrants personal information to send information about the Promoters products and
    services (including via electronic means), and may disclose the information to its related bodies corporate,
    agencies and contractors (including call centres, advertising agencies and direct mail houses) the Promoter
    engages for that purpose.
  19. 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.
  20. 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 http://www.dulux.com.au/privacy-policy.
    To request access to, or to update, personal information the Promoter holds about them, entrants can contact the office
    of the Promoter.