Spear & Jackson Giveaway Terms & Conditions

Denmark Co-operative Terms and Conditions
Terms and Conditions for entry into and conduct of Denmark Co-operative’s “Garden Tool Prize Pack” promotional giveaway (“General promotional giveaway Entry Rules”).

The “Promoter” means the business that is promoting this giveaway, which is Denmark Co-operative Company Limited ABN 85 073 305 039 of Strickland Street, Denmark, 6333, Western Australia.


2.1 A person who is an employee, officer or servant of the Promoter.

2.2 The spouse, de facto spouse, parent, natural or adopted child, or sibling (whether natural or

adopted by a parent) of a person referred to in paragraph (2.1) above.

2.3 A person who refuses to comply with or breaches any terms of these General promotional

giveaway Entry Rules.

2.4 Entries without email addresses.

All contestants acknowledge that the Promoter can rely on Clause 2 at any time, even if the Promoter only learns of a person’s ineligibility after the Promoter has nominated the person as the winner or awarded the prize. Return of the prize or payment of its value to the Promoter can be required by the Promoter if this occurs.

Notwithstanding anything else in these General promotional giveaway Entry Rules, the Promoter has absolute discretion in awarding prizes in the promotional giveaway.
In order to claim a prize in the promotional giveaway, the winner must:

3.1 Be eligible to enter under these General promotional giveaway Entry Rules;

3.2 Be announced by the Promoter as the winner of the prize as determined by the Promoter;

3.3 Not be prohibited by any rule of law from using or otherwise enjoying the prize for which he or

she has been announced as the winner;

3.4 Demonstrate to the Promoter’s satisfaction that he or she is the winner of the prize (for

example, by producing photo-identification, such as a driver’s licence or passport, or signing a

declaration to that effect), and if necessary prove that he or she is not prohibited from using or

otherwise enjoying the prize; and

3.5 Comply with any request made by the Promoter under the General promotional giveaway Entry


Where the winner of a prize is below the lawful age to use or otherwise enjoy the relevant prize, the Promoter may, in its absolute discretion, award the prize to the winner’s lawful parent or guardian or require the parent or guardian to sign an indemnity and consent for the winner to receive or participate in the prize. Prizes will only be awarded following winner validation and verification. Should a prize winner choose not to accept the prize allocated by the Promoter, the prize will not be substituted with another prize. All prize items are valued inclusive of GST and the Promoter takes no responsibility for any variation in item values. Any taxes which may be payable as a consequence of a winner receiving the prize are the sole responsibility of that winner. Prizes are non-transferable and may not be redeemed for cash. If the specified prize becomes unavailable, the Promoter may substitute a prize of like kind or equal value.
Winners will be notified by email as provided by the winner.
Upon request by the Promoter, a copy of the General promotional giveaway Entry Rules and/or a signed receipt and acknowledgment must be signed and endorsed by any winner to indicate his/her understanding and acceptance of these terms. The Promoter’s decision is final and no correspondence will be entered into.

The Promoter takes no responsibility for the loss of opportunity to receive the prize due to incorrect or imprecise details provided by an entrant. The Promoter makes no representations or warranties as to the quality, suitability or merchantability of any of the goods or services offered as components of the prize. The Promoter shall not be liable for any loss or damage suffered or sustained (including but not limited to consequential loss), including for personal injury or property damage suffered or sustained, as a result of accepting any prize or participation in the promotional giveaway, except for any liability which cannot be excluded by law. A person who enters the promotional giveaway releases and indemnifies the Promoter from and against all liability, cost, loss or expense arising out of acceptance of any prize or participation in the   promotional giveaway including (but not limited to) personal injury and damage to property and whether direct, indirect, consequential, foreseeable, due to some negligent act or omission by the Promoter or its employees and agents, or other cause. A winner (or his or her parent or guardian as appropriate) may be required to sign and return any liability release and indemnity form provided by the Promoter and/or its employees and agents as a condition of the prize being awarded. Failure to return the signed releases and indemnities will result in the entitlement to the prize being forfeited and another winner may be selected.

The Promoter is not responsible for lost or interrupted communications or unavailable network server or other connections, failed telephone, mid delivery or computer transmissions or other errors of any kind, whether human, mechanical or electronic. The Promoter assumes no responsibility for any error, defect, delay, theft or unauthorised access to or alternation of entries. Subject to any mandatory requirement otherwise under the applicable law, if the  promotional giveaway  is not capable of operating as planned for any reason, including infection by computer viruses, tampering, unauthorised intervention, fraud or any other causes beyond the control of the Promoter which corrupts or affects the administration, security, fairness or proper conduct of the promotional giveaway, then the Promoter reserves the right, at its sole discretion, to cancel, terminate, modify or suspend this promotional giveaway.

The Promoter reserves the right, in its sole discretion, to disqualify any individual for:

5.1 Tampering with the entry process, including exceeding any limitation on the numbers of entries,

or any other process as determined by the Promoter that in any way affects the fairness of the


5.2 Tampering with the operation of the promotional giveaway or web site;

5.3 Acting in an unsporting or disruptive manner;

5.4 Unsubscribing from the Denmark Co-op mailing list during the competition period; or

5.5 If an entrant selected as winner is found to be in breach of any term of these General

promotional giveaway Entry Rules, a new winner may be selected and, in the event that the

entrant in breach has been awarded a prize, the entrant will be obliged to return the prize or

reimburse the value of the prize to the Promoter upon written demand.


Participation in the promotional giveaway constitutes the entrant’s unconditional agreement to and acceptance of these General promotional giveaway Entry Rules. These Rules may change from time to time including by extending the time for, varying or terminating any promotional giveaway. The entrant is responsible for ensuring his or her familiarity with the General promotional giveaway Entry Rules at the time of participation. The Promoter’s decision not to enforce a specific restriction does not constitute a waiver of that restriction or of the General promotional giveaway Entry Rules. The Promoter may enforce these Rules in its absolute discretion. The General promotional giveaway Entry Rules are to be construed in accordance with the laws of the State of Western Australia.


Promotional giveaway entries and material submitted in connection with any promotional giveaway (whether written, audio, electronic or visual form, or a combination of those) or any photographs, video and/or film footage and/or audio recording taken of competitors are assigned to the Promoter upon submission and become the property of the Promoter which may use the material in any medium in any reasonable manner it sees fit. Copyright in any such material becomes the sole property of the Promoter. All such entries and material remain the property of the Promoter (subject to the limits contained in the Privacy Act 1988). Each entrant warrants that he or she owns the copyright and any other intellectual property rights in any such material submitted in connection with any promotional giveaway and has full power and authority to agree to and grant the above assignment, consents and other rights to the Promoter.


A person who enters a promotional giveaway may be required to submit personal or confidential information about himself or herself (including without limitation his or her name, address, telephone number, e-mail address, or any other such information) (“Personal Information”) to the Promoter. The Promoter will treat any Personal Information obtained from a person who enters a promotional giveaway in accordance with the Promoter’s Privacy Policy.

The Promoter may:

8.1 Refuse to accept an entry which does not contain all or any other of the Personal Information

requested by the Promoter; or

8.2 Record and use the Personal Information for its own marketing, planning, product development,

promotional and research purposes, including but not limited to using the winner’s name,

suburb of residence, likeness and a recording of the winner’s voice for advertising and

promotional purposes.


The promotional giveaway commences on Monday 13th April 2015 at 08.00AM (AWST) and concludes on Sunday 26th April 2015 at 05.00PM (AWST) (“the promotional giveaway Period”).

9.1 To enter the promotional giveaway you must fill out an entry form at the service desk of the

Denmark Co-operative’s MAKIT Hardware store.

9.2  Entrants must enter all details required on the form.

9.3  The Promoter, its agents, affiliates or representatives will not be liable for any lost, late or

misdirected entries.

9.4 Incomprehensible and incomplete entries will be deemed invalid.

9.5 Only one winner will be drawn at the end of the promotional giveaway period.



10.1 Each entrant who has entered the promotional giveaway over the promotional giveaway Period

and registered all details in accordance with clauses 9.1 and 9.2 will be eligible to win.

10.2 This promotional giveaway is a game of chance.  The first correct eligible entry drawn on the

day will be declared the winner.

10.3 The winning entry will be drawn on 27th April 2015.

10.4 The Promoter’s decision in relation to any aspects of the promotional giveaway is final and the

Promoters will not enter into any correspondence regarding the result.

10.5 The Promoter reserves the right to request winners to provide proof of identity, proof of

residency at the nominated prize delivery address and/or proof of entry validity in order to

claim the prize. Proof of identification, residency and entry considered sufficient for

verification is at the discretion of the Promoter. In the event that a winner cannot provide

sufficient proof, the winner will forfeit entitlement to the prize and will have no claim

against the Promoter, its agents, affiliates or representatives whatsoever.

10.6 The prize winner will be notified via email by 28th April 2015 and his or her details will be published in the Denmark Co-operative’s Newsletter.

10.7 Should the entrant unsubscribe from the mailing list during the competition period, they will be

ineligible to win.

10.8 Any unclaimed prize may be re-awarded in the absolute discretion of the Promoter. The new

winner will be notified via email and his or her details will be published.



The prize consists of:


·         Spear & Jackson Garden trowel SJ-SDT/10

·         Spear & Jackson Weeder SJ-SDT/30

·         Spear & Jackson 3 Prong cultivator SJ-SDT/40

·         Spear & Jackson Post hole shovel SJ-FGPHS

·         Spear & Jackson Garden fork SJ-CGF1

·         Spear & Jackson Telescopic bypass lopper SJ-4903RSS

·         Spear & Jackson Telescopic hedge shears SJ-4904RSS

·         Spear & Jackson Heavy duty secateurs SJ-6659BS

·         Spear & Jackson 4.5lb Hickory axe SJ-3745EF

·         Garden Organics Premium Soil Conditioner x 1 bag

·         Garden Organics Jungle Mulch x 1 bag

·         Garden Organics Multi-Mix Cow and Sheep Manure x 1 bag

·         Hurricane Pro Wheelbarrow 85 litre HW0213


11.1 The prize must be claimed in its entirety by 4th May 2015