Terms & Conditions
Coloursmith Triceratops Competition ("Conditions of Entry")

Promotion:

Coloursmith Triceratops Competition

Promoter:

PPG Industries Australia Pty Ltd ABN 82 055 500 939, 14 McNaughton Road, Clayton, VIC 3168, Australia. Ph: 13 24 24

Promotional Period:

Start date: 31/01/22 at 9:00 am AEDT

End date: 28/02/22 at 11:59 pm AEDT

Eligible entrants:

Entry is only open to Australian residents who are 18 years and over.

How to Enter:

To enter the Promotion, the entrant must complete the following steps during the Promotional Period:

• purchase a Participating Product from any store within Australia which displays advertising for this Promotion; and
• visit the promotional website (by scanning the promotional QR code) and follow the prompts to fully complete and submit the online entry form with their personal details as requested and upload a photo of the paint tin label QR code and their purchase receipt.

Proof of Purchase: The entrant must retain proof of purchase. The proof of purchase required is an original receipt for the qualifying purchase.

Participating Products:

Any Taubmans paint product (either 4L, 10L, 15L or sample pot of Endure, All Weather, Easycoat or Sunproof) which is tinted with a colour created with the Coloursmith app.

Entries permitted:

Entrants may enter multiple times provided each entry is submitted separately in accordance with the entry instructions above. The entrant is eligible to win a maximum of one (1) prize (excludes SA residents). By completing the entry method, the entrant will receive one (1) entry.

Total Prize Pool:

Up to AUD $12,720.00 (in NSW/ACT/SA, QLD and WA/NT/TAS) and up to AUD $1,180 (in VIC).

Prize Details:

Further Prize Details:

• Prizes must be taken by 12/03/23 and cannot be taken during Australian school holidays, public holidays or other peak periods.
• Travel itinerary will be determined by the Promoter in its absolute discretion.
• Prize is subject to the standard terms and conditions of individual prize and service providers. Any ancillary costs associated with redeeming prize are not included and will not be borne by the Promoter. For the sake of clarity, if the flight/accommodation allowance (as applicable) does not fully cover the winner’s flight/accommodation costs (as applicable), the winner will be required to make up the difference. Any unused balance of the flight/accommodation (as applicable) allowance will be forfeited and will not be awarded as cash or any other items.
• The winner and his/her travel companions must depart from and return to the same departure point and travel together.
• Subject to the terms and conditions of the participating prize provider(s), if for any reason the winner does not, once the prize has been booked, take the prize (or an element of the prize) at the time stipulated, then the prize (or that element of the prize) will be forfeited and will not be redeemable for cash.
• The prize is subject to booking and flight availability.
• The winner and his/her travel companion/s are responsible for ensuring that they have any requisite vaccinations and travel documentation.
• Frequent flyer points will not be awarded and do not form part of the prize.
• Spending money, meals, taxes (excluding airline and airport taxes), insurance, vaccinations, transport to and from departure point, transfers, items of a personal nature, in-room charges (including any damage done to any property) and all other ancillary costs, unless otherwise specified in the prize description, are not included.
• Winner(s) from Victoria are responsible for making their own way to Melbourne (at their own cost) in order to take the prize.
• The winner may be required to present their credit card at accommodation check in.
• During the entire duration of the prize, a nominated parent/guardian must accompany any person under 18 years of age.
• The winner and their travelling companion are responsible for meeting all travel and health requirements for any interstate travel. It is the responsibility of the winner and their travelling companion to check with all government health authorities regarding travel requirements and eligibility. Any fines, penalties, expenditure or inability to travel as a consequence of not meeting such requirements are the sole responsibility of the winner and their travelling companion.
• The Promoter makes no representation as to the safety, conditions or other issues that may exist at any of the destinations or events forming part of the prize. It is the sole responsibility of the winner to check government advisories and/or conditions regarding the safety and situation of any such destinations.
• If the prize cannot be provided as intended due to any COVID 19 related restrictions or guidelines, the Promoter reserves the right to extend the travel period.

Winner notification:

The winners will be contacted by phone and in writing within seven (7) business days of the draw. The winners will be published at www.coloursmith.com.au on 08/03/22.

Unclaimed Prizes:

Prizes must be claimed by 04/04/22 at 5:00 pm AEST. In the event of an unclaimed prize, the prize will be redrawn on 05/04/22 at 5:00 pm AEST at Plexus, Level 4, 411 Collins Street, Melbourne VIC 3000. The winners of the redraw will be notified by phone and in writing within seven (7) business days of the redraw. The winners will be notified publicly (and their details published at www.coloursmith.com.au on 12/04/22.

If there are no prize winner/s or winner/s for this Promotion cannot be found, this information will be published on the promotional website.

Further Conditions:

1. The entrant agrees and acknowledges that they have read these Conditions of Entry (and Schedule) and that entry into the Promotion is deemed to be acceptance of these Conditions of Entry (and Schedule). Any capitalised terms used in these Conditions of Entry have the meaning given in the Schedule, unless stated otherwise.
2. The Promotion commences on the Start Date and ends on the End Date ("Promotional Period"). Entries are deemed to be received at the time of receipt by the Promoter and not at the time of transmission or deposit by the entrant. Records of the Promoter and its agencies are final and conclusive as to the time of receipt.
3. Valid and eligible entries will be accepted during the Promotional Period.
4. Employees (and their immediate family members) of the Participating Venues, agencies/companies directly associated with the conduct of this Promotion, the Promoter, businesses involved in determination of winner/s for the Promotion, businesses involved in the management of the Promotion, any organisation benefiting from the Promotion, the Promoter’s distributors, suppliers, subsidiary companies/businesses and associated companies and agencies are not eligible to enter. "Immediate family member" 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.
5. Draw:
   1. The draw will take place at Plexus, Level 4, 411 Collins Street, Melbourne VIC 3000 at 5:00 pm AEDT on 01/03/22 using computerised random selection.
   2. Initially all entries will be pooled together for a national draw and the first valid entry drawn will be the winner of the prize specified in the Schedule above. Entries will then be divided into the following State/Territory groups: NSW/ACT/SA, QLD, WA/NT/TAS and VIC. The first valid entry drawn in each State/Territory group will be the winner of the corresponding prize, as indicated in the Schedule above.
   3. If a draw is scheduled on the weekend or a public holiday, the draw will be conducted at the same time and location on the following business day. The Promoter will ensure each draw is open for public scrutiny and anyone may witness the draw on request. The winner of a drawn prize is determined by chance.
   4. The draw conductor may draw additional reserve entries in the case an invalid entry or entrant is drawn.
6. All reasonable attempts will be made to contact each winner.
7. If any winner chooses not to take their prize (or is unable to), or does not take or claim a prize by the time specified by the Promoter, or is unavailable at the designated time for the Event, they forfeit the prize and the Promoter is not obliged to substitute the prize.
8. Where entry is allowed by purchase or subscription, the cost of the product or service is no greater than the cost would be without the opportunity to participate in the Promotion.
9. Entrants must keep their proof of purchase specified in How to Enter for each entry as proof of purchase ("Proof of Purchase"). If an entrant fails to produce the Proof of Purchase for a specific entry or each entry, as and when requested by the Promoter, the Promoter has the right to invalidate the entrant's respective entry/entries for which Proof of Purchase cannot be provided and/or all entries submitted by that entrant and/or forfeit the entrant's right to a prize. Purchase receipt(s) must clearly specify: (a) the store of purchase as an eligible store; (b) the required product/s or service/s to be purchased for entry; and (c) that the purchase was made during the Promotional Period and prior to entry.
10. The value of the prizes is accurate and based upon the recommended retail value of the prizes (inclusive of GST) at the date of printing. The Promoter accepts no responsibility for any variation in the value of the prizes after that date.
11. No part of a prize is exchangeable, redeemable for cash or any other prize or transferable, unless otherwise specified in writing by the Promoter.
12. If a prize (or portion of a prize) is unavailable the Promoter reserves the right to substitute the prize (or that portion of the prize) to a prize of equal or greater value and specification, subject to any written directions of a regulatory authority.
13. No entry fee is charged by the Promoter to enter the Promotion.
14. Each prize will be awarded to the person named in the entry and any entry that is made on behalf of an entrant or by a third party will be invalid. If there is a dispute as to the identity of an entrant or winner, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant or winner.
15. Entrants' personal information will be collected by the Promoter. Personal information will be stored on the Promoter's database. The Promoter may use this information for future marketing purposes regarding its products, including contacting the entrant electronically. The Promoter is bound by the Australian Privacy Principles in accordance with the Privacy Act 1988 (Cth) and its privacy policy which is located at https://coloursmith.com.au/legal/privacy_policy/. The Promoter's privacy policy contains information about how the entrant may access, update and seek correction of the personal information the Promoter holds about them and how the entrant may complain about any potential breach by the Promoter of the Australian Privacy Principles or any other Australian privacy laws and how such complaints will be dealt with. The Promoter collects personal information about entrants to enable them to participate in this Promotion and may disclose the entrants' personal information to third parties including its contractors and agents, prize suppliers and service providers to assist in conducting this Promotion and to the State and Territory lottery departments as required under the relevant lottery legislation. If the entrant does not provide their personal information as requested, they may be ineligible to enter or claim a prize in the Promotion. Personal information collected from entrants will not be disclosed to any entity located outside of Australia.
16. For the purposes of public statements and advertisements, the Promoter may only publish the winner's surname, initial and State/Territory or postcode of residence.
17. The Promoter reserves the right to refuse to allow a winner to take part in any or all aspects of a prize, if the Promoter determines in their absolute discretion, that a winner is not in the physical or mental condition necessary to be able to safely participate in or accept the prize. It is a condition of accepting the prize that a winner may be required to sign a legal release as determined by the Promoter in its absolute discretion, prior to receiving a prize.
18. If a prize is provided to the Promoter by a third party, the prize is subject to the terms and conditions of the third party prize supplier and the provision of the prize is the sole responsibility of the third party and not the Promoter. The terms and conditions which apply to the prize at the time it is issued to the winner will prevail over these Conditions of Entry, to the extent of any inconsistency. The Promoter accepts no responsibility or liability for any delay or failure by the third party to deliver the prize, any delay or failure relating to the prize itself or failure by the third party to meet any of its obligations in these Conditions of Entry or otherwise.
19. Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Conditions of Entry 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).
20. If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion and invalidate any affected entries, or suspend or modify a prize, subject to State or Territory regulation.
21. The Promoter reserves the right, at any time, to validate and check the authenticity of entries and entrant's details (including an entrant's identity, age and place of residence). In the event that a winner cannot provide suitable proof as required by the Promoter to validate their entry, the winner will forfeit the prize in whole and no substitute will be offered. Incomplete, indecipherable, inaudible, incorrect and illegible entries, as applicable, will at the Promoter's discretion be deemed invalid and not eligible to win. Entries containing offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to win. The use of any automated entry software or any other mechanical or electronic means that allows an individual to automatically enter repeatedly is prohibited and may render all entries submitted by that individual invalid.
22. The Promoter reserves the right to disqualify entries in the event of non-compliance with these Conditions of Entry. In the event that there is a dispute concerning the conduct of the Promotion or claiming a prize, the Promoter will resolve the dispute in direct consultation with the entrant. If the dispute cannot be resolved the Promoter’s decision will be final.
23. 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 or death which is suffered or sustained (whether or not arising from any person's negligence or wilful misconduct) in connection with this Promotion or accepting or using any prize (or recommendation), except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
24. The entrant will participate in and co-operate as required with all reasonable marketing and editorial activities relating to the Promotion, including (but not limited to) being recorded, photographed, filmed or interviewed and acknowledges that the Promoter may use any such marketing and editorial material without further reference or compensation to them.
25. Unless otherwise specified, a prize is a single event for the winner (and where relevant their guests) and cannot be separated into separate events or components.
26. The Promoter accepts no responsibility for any tax implications and the entrant must seek their own independent financial advice in regards to the tax implications relating to the prize or acceptance of the prize.
27. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.
28. Authorised under: NSW Authority Number: TP/00994; ACT Permit No. TP 21/02213 and SA Permit No. T21/1959.