Promoter: Stanley Black & Decker (ABN 82 000 021 938) of Level 2, 810 Whitehorse Rd, Box Hill, VIC 3128, telephone 1800 950 847

PERMIT REFERENCES:

NSW Authority No. TP/03299

ACT Permit No. TP24/00278

SA Permit No. T24/240

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

2. Promotion is open to residents of Australia who are aged 18 or over, except employees of the Promoter, their immediate family members and agencies associated with this promotion are ineligible to enter. 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 1^st

3. Promotion Period: The Promotion opens at 00:01 on 01 March 2024 and closes at 23:59 on 14 November 2024.

4. To participate:

1. Scan QR code or visit the DEWALT website and click on the promotional banner.
2. You will be redirected to the promotional microsite where you will be instructed to PLAY NOW.
3. You will then be redirected to MyDEWALT website to log in or register for an account. If you need to register for an account, registration is granted immediately upon application. The following information is needed for a MyDEWALT account: name, email address, country, and trade.
4. Once you’ve logged in to your account, you will be redirected to the promotional microsite and prompted to ‘smash the concrete’.
   
   Instant Win:
   Once you smash the concrete you will find out if you have won an instant prize or not and if you have, which prize you have won, subject to verification.
   
   A valid email address, MyDEWALT account (free registration) and internet access are required to enter the Promotion.

5. Bonus Entries: To earn a Bonus Entry into the Promotion, entrants must make any DEWALT purchase during the Promotional Period from any authorised DEWALT stocking retailer including online retailers (“Qualifying Transaction”). Entrants must then log back into their MyDewalt account and, when prompted, upload their receipt for their Qualifying Transaction.

6. Entrants must retain 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 but prior to entry.

7. Entrants will be awarded one (1) additional chance to Play Now for an Instant Prize for every valid Qualifying Transaction receipt uploaded in accordance with the above ( a “Bonus Entry”), subject to one (1) Bonus Entry per receipt (regardless of the number of DEWALT products purchased in the Qualifying Transaction in excess of one (1) and a maximum of two (2) Bonus Entries per person per day.

8. Instant Win Prizes available to be won during the Promotional Period include:

• 850x DEWALT Key Ring Torch worth AUD$24.29ea
• 850x DEWALT Beanie worth AUD$28.03ea
• 186x DEWALT Hoodie worth AUD$84.09ea,
• 888x DEWALT Accessories Set worth AUD$84.09ea
• 500x DEWALT Naked Unit worth AUD$224.24ea
• 600x DEWALT Cap worth AUD$37.37ea
• 794x DEWALT T-Shirt worth AUD $38ea
• 186x McLaren Hat worth AUD$65ea
• 376x McLaren Bag worth AUD$85
• 234x DEWALT Jacket worth AUD$73ea
• 234x T-Stak Box worth AUD$37.37ea
• 53x The winner’s choice of DEWALT tools valued at up to AUD$1,589.99 (which has been based of $1000 US dollars). The Promoter will liaise with each verified winner to determine their tool selection, subject to availability (“Instant Win Major Prize”).
  
  Total prize pool available to be won is: AUD $458,064.09 (including GST)

9. Any ACT winners of an Instant Win Prize or SA or VIC winners of an Instant Win Major Prize will be published online at 21 November 2024 on https://www.guaranteedtough.com.au/.

10. A maximum one (1) Instant Win Prize is permitted per person per promotional month excluding residents of SA (runs 15^th of the month to 14^th of the month inclusive).

11. A draw for any Instant Win Prizes that are won but remain unclaimed, and any Instant Win Major Prizes that remain unwon, may take place on 14 December 2024 at Anisimoff Legal, 3 Amy Close, Wyong NSW 2259 Australia at 1:00pm AEDST, subject to any directions from a regulatory authority. Winners, if any, will be notified in writing within seven (7) day. Any ACT winners of an Instant Win Prize or SA or VIC winners of an Instant Win Major Prize will be published online at 18 December 2024 on https://www.guaranteedtough.com.au/.

General

12. Incomplete or illegible entries will be deemed invalid.

13. 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.

14. The Promoter reserves the right to verify all receipts submitted and to disqualify anyone who attempts to submit fake or duplicated receipts or receipts which do not contain all details and comply with requirements as set out in these Terms and Conditions . The Promoter will verify receipts within 7 working days of submission. If a receipt is found to be invalid the prize will not be awarded.

15. The Promoter also, 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.

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

17. Upon verification of a winning entry, prizes will be dispatched within 14 days. Verification is based on confirmation of age, validation of any receipt and provision of a valid postal address for delivery within the relevant state or territory in Australia. Prize delivery will be by post or courier.

18. Prizes are not transferable, exchangeable and cannot be taken as cash, unless otherwise specified.

19. If any prize (or part of any 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. It is the responsibility of the entrant to provide correct, up-to-date details when entering the promotion and on claiming a prize. The Promoter cannot be held responsible for winners failing to supply accurate information which affects delivery of their prize.

21. 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(s). 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.

22. Winners of an Instant Prize will be selected using an independently verified algorithm which will randomly distribute the prizes across the Promotion Period. There is one algorithm for the South Australia instant win promotion and one algorithm for the rest of Australia instant win promotion. In both instant win promotions, although all prizes are available to be won, there is no guarantee all prizes will be won. 

23. If for any reason a winner does not take / redeem a 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.

24. Privacy - entrants: The details you provide in order to set up your MyDEWALT account and to enter the Promotion, namely your name, email address and trade occupation will be held by the Promoter under the terms of the privacy policy applicable to the MyDEWALT account. Please see the Promoter’s privacy policy https://www.stanleyblackanddecker.com/privacy-policy.

25. Privacy – winners: The details you provide in order to receive your prize, namely your name, email address, mobile number and postal address, will be used by the Promoter and its agents acting on their behalf for the administration of the promotion and the provision of the prize only and under the terms of the Promoter’s privacy policy: https://www.stanleyblackanddecker.com/privacy-policy. The Promoter is bound by The Privacy Act 1988 (cth) and the Australian Privacy Principles. and all applicable law. Prize winners’ personal data will be stored for 6 months from the end of the Promotion Period, after which it will be deleted. Prize winners’ personal data will not be used for marketing purposes and not disclosed to third parties except in relation to providing the prize or unless you opt in to receive such marketing communications (and you can opt out at any time). You can request access to your personal data, or have any inaccuracies rectified, by sending a request via the online Data Privacy Rights Inquiry Form available at https://privacyportal-eu.onetrust.com/webform/049d4fb1-d34c-492a-b8cb-90a2427fc05e/8231fc5f-c921-4ad7-96bd-f95c94840a79. By participating in the Promotion, you agree to the use of your personal data as described here.

26. 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.

27. 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. Quality control errors will not invalidate an otherwise valid prize claim. Unless otherwise due to fraud or ineligibility under these Terms and Conditions, all prize claims in excess of the advertised prize pool will be honoured. Any instant win prizes that are part of the advertised total prize pool will be awarded in the unclaimed prize draw. Instant win game materials void if stolen, forged, mutilated or tampered with in any way.

29. Entries (bulk or otherwise) made from trade, consumer groups or third parties will not be accepted. If it becomes apparent that a participant is using computer(s) to circumvent this condition by, for example, the use of ‘script’, ‘brute force’, masking their identity by manipulating IP addresses, using identities other than their own or any other automated means in order to increase that participant’s entries in a way that is not consistent with the spirit of the promotion, that person’s entries will be disqualified and any prize award will be void.

30. Incomplete, illegal, misdirected or invalid entries, or entries not in accordance with these Terms and Conditions will not be accepted. Proof of sending will not be accepted as proof of delivery.
    
    If for any reason the Promotion is not capable of running as planned for reasons beyond the control of the Promoter (including but not limited to tampering, unauthorised intervention, fraud, technical failures) which corrupt or affect the administration, security, fairness, integrity or proper conduct of this promotion), the Promoter reserves the right (subject to any written directions given under applicable law) to modify or suspend any relevant element of the Promotion as it deems necessary with no liability to entrants or third parties. In these circumstances the Promoter will not be liable for any failure to perform or delay in performing its obligation.

31. 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.

32. 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) any tax liability incurred by a winner or entrant; or (f) use of a prize.

33. If an act, omission, event or circumstance occurs which is beyond the reasonable control of the Promoter and which prevents the Promoter from complying with these Terms and Conditions the Promoter will not be liable for any failure to perform or delay in performing its obligation.

34. The Promoter takes no responsibility for entries delayed, incomplete or lost due to technical reasons or otherwise. The Promoter is not liable for any problems associated with internet or communication networks due to traffic congestion, technical malfunction or otherwise.

35. If any of these clauses should be determined to be illegal, invalid or otherwise unenforceable then it shall be severed and deleted from these Terms and Conditions and the remaining clauses shall survive and remain in full force and effect.

36. These terms and conditions are governed by the laws of Australia and shall be subject to the jurisdiction of the courts of Australia. In the event of a claim by an entrant or individual, the promotion shall be governed by the laws of the state or territory in which that entrant or individual is based and the courts of that state or territory shall have jurisdiction over that claim.