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“LENOX ULTIMATE USA ADVENTURE” PROMOTION

TERMS AND CONDITIONS 

1. Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.

2. The promoter is Stanley Black & Decker Australia Pty Ltd (ABN 82 000 021 938) of Level 2, 810 Whitehorse Road, Box Hill, VIC 3128 (“Promoter”). 

3. Entry is open to Australian and New Zealand residents only aged 21 years or over.

4. Directors, officers, management, employees, suppliers (including prize suppliers), participating retailers and contractors (and the immediate families of directors, officers, management, employees, suppliers and contractors) of the Promoter and of its related bodies corporate and the agencies and companies associated with this promotion, are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin.

5. Entries into the promotion open on 01/07/2019 and will close at 11:59pm AEST on 30/09/2019 (“Promotional Period”)

6. To be eligible to enter, individuals must purchase any Lenox tool (excluding Lenox Bandsaw Blades) during the Promotional Period from a participating retailer in Australia or New Zealand (“Qualifying Purchase”). A full list of participating retailers can be found at: https://winwithlenox.com/participating-retailers. For every dollar (including GST) spent on Lenox tools (whether it be AUD or NZD) the entrant will be eligible to receive one (1) entry into the draw. For example, if an eligible individual is to spend $24 (including GST) on Lenox tools during the Promotional Period, they will be eligible to receive twenty-four (24) entries into the draw. 

7. To enter, individuals must then, visit https://winwithlenox.com/,follow the prompts to the promotion entry page, input the requested details (including full name, age, address, email address, mobile phone number, occupation, postcode, and the name of the participating retailer where the Qualifying Purchase was made) and then upload the purchase receipt for their Qualifying Purchase and submit the fully completed online entry form during the Promotional Period. One (1) online entry form must be submitted for each transaction/purchase receipt.  

8. Incomplete or indecipherable entries will be deemed invalid. Cancelled transactions, cancelled payments, any product that is not fully paid for and any returned products will not be eligible for this promotion. Products purchased on lay-by will also not be eligible for this promotion, unless the layby is fully paid for during the Promotional Period.

9. Entrants must retain their original 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 store of purchase and that the purchase was made during the Promotional Period prior to entry.

10. 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.

11. 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. The draws will take place at Anisimoff Legal, Suite 5, Erina Plaza, 210 Central Coast Highway, Erina NSW 2250 Australia at 2:00pm AEST on 04/10/2019. 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. The winners will be notified by telephone and in writing within two (2) business days of the draw, and their names will be published online at https://winwithlenox.com/ and at https://facebook.com/LENOXToolsANZ/ from 08/10/2019.  

13. Entries will be divided into two (2) groups, depending on an entrant’s country of residence: Australia or New Zealand. There will be one (1) draw for each group. 

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

15. The first valid entry drawn in each group will each win an ‘Ultimate USA Adventure’ for two (2) adults aged 21 years or over valued at up to AUD$17,420. Prize includes: 

· Two (2) x return economy airfares from Melbourne or Sydney (for Australian winner – whichever closest) or Auckland (for New Zealand winner) to Boston, USA; 

· Six (6) nights minimum three-star accommodation in double occupancy room;

· Return transfers between airport and accommodation in USA; 

· Tour of Lenox facility in Longmeadow; 

· Return transfers between accommodation and Lenox facility;

· Two (2) x premium tickets to NBA match; 

· Two (2) x tickets to NBA Hall of Fame; 

· Return transfers between accommodation and NBA match and Hall of Fame. 

· Two (2) x tickets to NFL match including pre-match hospitality; 

· Return transfers between accommodation and NFL match; 

· Tour for two (2) adults at the Bully Boy’s distillery; 

· Return transfers between accommodation and distillery; and

· AUD $500 Gift Card. 

Prize must be taken during November 2019, with the exact date to be communicated to the winner by the Promoter. The winners’ companions must be aged 21 years or over. Additional spending money, meals, taxes (excluding airline and airport taxes), insurance, passports, visas, vaccinations, transport to and from departure point, additional transfers, items of a personal nature, in-room charges and all other ancillary costs are not included. Winners and their companions are responsible for ensuring that they have valid passports, and any requisite visas, vaccinations and travel documentation. Winners and their companions must depart from and return to the same departure point and travel together. Itinerary to be determined by the Promoter in its absolute discretion. Frequent flyer points will not form part of the prize. Prize is subject to the standard terms and conditions of individual prize and service providers. Winners will be required to present their credit card at time of accommodation check in. 

16. The winners and their companions will be responsible for making their own way to/from Melbourne or Sydney airport (for Australian winner) or Auckland airport (New Zealand winner). 

17. Any ancillary costs associated with redeeming the gift card are not included. Any unused balance of the gift card will not be awarded as cash. Redemption of the gift card is subject to any terms and conditions of the issuer including those specified on the gift card. 

18. If for any reason a winner does not take/redeem the prize (or an element of the prize) at/by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited. The Promoter reserves the right to award the prize to a reserve entry drawn, if an originally drawn winner is ineligible.  

19. If the prize (or part of the prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/ or specification, subject to any written directions from a regulatory authority.

20. Total prize pool value is up to AUD$34,840.  

21. Prizes, or any unused portion of a prize, are not transferable, refundable or exchangeable and cannot be taken as cash, unless otherwise specified by the Promoter. 

22. A draw for any unclaimed prizes may take place on 21/10/2019 at the same time and place as the original draw, subject to any directions from a regulatory authority. Winners, if any, will be notified in writing within two (2) business days of the draw, and their names will be published online at https://winwithlenox.com/ and at https://facebook.com/LENOXToolsANZ/ from 25/10/2019.

23. In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion or suspend or modify a prize, subject to any written directions from a relevant regulatory authority.

24. The ticket prizes are subject to the event venue and ticket terms and conditions, including any applicable age restriction. The Promoter and event organisers hereby expressly reserve the right to eject a winner (and/or his/her companion) for any inappropriate behaviour, including but not limited to intoxication, whilst participating in any element of the prize.

25. Entrants 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 promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.

26. 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; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.

27. Any cost associated with accessing the promotional website is the entrant’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 entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.

28. As a condition of accepting the prize, the winners and their companions may be required to 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. 

29. Entrants are advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of their prize. The Promoter accepts no responsibility for any tax implications that may arise from accepting a prize. Entrants are responsible for any and all expenses that they incur in entering the promotion and they will not be reimbursed regardless of whether or not they win the promotion. For more information refer to:

https://www.ato.gov.au/General/Fringe-benefits-tax-(fbt) (for AU entrants) or https://www.ird.govt.nz/fringe-benefit-tax/fbt-index.html (for NZ entrants). 

30. 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 or any statutory consumer guarantees as provided under consumer protection laws in New Zealand (“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.

31. 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) if the NBA game or NFL match 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) taking of the prize / participation in the prize. 

32. 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, prize suppliers and, as required, to Australian regulatory authorities. 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 https://www.stanleyblackanddecker.com/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 not disclose PI of Australian entrants to any entity outside of Australia. 

NSW Permit No. LTPS/19/34850 ACT Permit No. TP19/03381 SA Permit No. T19/814