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“CLARK CASHBACK” PROMOTION

TERMS AND CONDITIONS

  1. Instructions on how to claim and details of the Gifts (as defined below) form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions. Offer not valid in conjunction with any other offer.
  2. Claims are only open to Australian residents aged 18 years or over. Employees (and their immediate families) of the Promoter, Participating Retailers (as defined below) and agencies associated with this promotion are ineligible to claim. 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, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
  3. Offer commences for purchases on 14/09/2018 and eligible purchases must be made by close of business on 31/10/2018 (“Purchase Period”). Claims open on 14/09/2018 and all claims must be received by no later than 11:59pm AEDST on 02/11/2018 (“Claim Period”).
  4. This offer will be available at participating Premium Partner Plumbing Plus retailers. A participating Premium Partner Plumbing Plus retailer is any Premium Partner Plumbing Plus retailer that displays advertising material featuring this promotion (each a “Participating Retailer”). Where a Participating Retailer has an online store, purchases made online will also be deemed acceptable for the purposes of this offer.
  5. There are three (3) types of gift available for redemption in accordance with clause 7-9 below, being: (a) $25 cashback (“Gift 1”); (b) $50 cashback (“Gift 2”); or (c) $100 cashback (“Gift 3”).
  6. Only one (1) Gift is permitted per person. Where relevant Gift 1, Gift 2 and Gift 3 will be collectively referred to in these Terms and Conditions as (“Gift”).
  7. To be eligible to claim Gift 1 individuals must spend $300 or more in a single transaction on CLARK products at a Participating Retailer, during the Purchase Period (“Gift 1 Qualifying Transaction”).
  8. To be eligible to claim Gift 2 individuals must spend $500 or more in a single transaction on CLARK products at a Participating Retailer, during the Purchase Period (“Gift 2 Qualifying Transaction”).
  9. To be eligible to claim Gift 3 individuals must spend $750 or more in a single transaction on CLARK products at a Participating Retailer, during the Purchase Period (“Gift 3 Qualifying Transaction”).
  10. To submit a claim for a Gift, individuals must, during the Claim Period, send an email to claims@clarkcashback.com.au with the subject heading Clark Cash Back which contains their full name, full postal address, email address, mobile number, the bank account BSB and bank account number where they would like the Gift to be deposited into and a scanned copy of the purchase receipt.
  11. Every individual that successfully makes a Gift 1 Qualifying Transaction and submits a claim in accordance with clause 10 above will be awarded Gift 1. Every individual that successfully makes a Gift 2 Qualifying Transaction and submits a claim in accordance with clause 10 above will be awarded Gift 2. Every individual that successfully makes a Gift 3 Qualifying Transaction and submits a claim in accordance with clause 10 above will be awarded Gift 3.
  12. The Promoter reserves the right, at any time, to verify the validity of claims and claimant’s (including a claimant’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 claim 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.
  13. Incomplete or cancelled purchases/claims will be deemed invalid.
  14. Claimants must retain either their original or a copy of their purchase receipt as proof of purchase. Failure to produce the proof of purchase when requested may, in the absolute discretion of the Promoter, result in invalidation a claimant’s claim and forfeiture of any right to a Gift. Purchase receipt must clearly specify that the purchase was made during the Purchase Period.
  15. If there is a dispute as to the identity of a claimant, the Promoter reserves the right, in its sole discretion, to determine the identity of the claimant.
  16. Successful claimants will be notified by email and once verified the appropriate Gift will be deposited into the bank account as specified on the claim form (as per clause 10 above) within 28 days of validation.
  17. The Promoter’s decision is final and no correspondence will be entered into.
  18. If for any reason a claimant does not take and/or redeem a Gift at/by the time stipulated by the Promoter, then the Gift will be forfeited.
  19. Claimants consent to the Promoter using their name, likeness, image and/or voice in the event they are a successful claimant (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.
  20. 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 claimant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.
  21. Any cost associated with accessing the promotional website is the claimant’s responsibility and is dependent on the Internet service provider used.
  22. 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.
  23. 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 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 Gift value to that stated in these Terms and Conditions; (e) any tax liability incurred by a claimant; or (f) use of a Gift.
  24. 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.clark.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 claimant. The Privacy Policy also contains information about how claimants may opt out, access, update or correct their PI, how claimants 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 claimant’s PI to any entity outside of Australia.
  25. The Promoter is Caroma Industries Ltd (ABN 68 009 659 385) of Level 1, 7-9 Irvine Place, Bella Vista NSW 2153.