Metcash Limited ACN 112 073 480, including Mitre 10 Australia Pty. Ltd, its related bodies corporate and its business pillars (collectively, "Metcash", "we", "our" or "us") own and operate the Home Hardware website, https://www.homehardware.com.au/, (referred to here as "the Home Hardware Website"), together with various other social media websites or facilities which promote the Home Hardware brand (referred to here as "Home Hardware's websites and Social Media").
Metcash has put in place:
These terms are also additional to any terms or conditions of use that are put in place by the relevant provider of any social media website, facility or platform, such as Facebook, Instagram, YouTube or Twitter. You should consult the provider of that social media for details of any terms and conditions that may apply to your use. Nothing in these terms is meant to take away from or contradict those providers’ own terms and conditions.
1. Contributions of Material
a. You are responsible for the content of all material that you contribute to Home Hardware’s websites and Social Media channels, of whatever kind, including text, images, photos and videos (referred to here as "Material")
b. You must ensure that all your Material was created by you and that you own all intellectual property rights in it. You also promise that your Material will not contain anything that is obscene, defamatory, offensive, deceptive or otherwise illegal (either in itself or when placed on Home Hardware’s websites and Social Media).
c. In addition, you must ensure that your Material:
- does not infringe the intellectual property rights of any person and does not breach any obligations of confidentiality;
- contains no spam or other commercial, advertising, marketing or promotional content or links or information which would facilitate the sale or purchase of products or services;
- contains no personal information or passwords, or the personal details of third parties such as phone numbers, mail or email addresses;
- is not threatening, harassing, spiteful or abusive;
- is not indecent or sexual or pornographic in nature, does not include gratuitous swearing or profanity and does not vilify, insult or humiliate any person or group (including, without limitation, on the basis of race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability);
- contains nothing which is unduly provocative (including, without limitation, flaming, trolling or otherwise hostile content) or which is false, misleading or deceptive; or
- contains no computer viruses or other computer files or code which adversely affects the operation of Metcash’s computer systems or any equipment linked to them
d. If your Material contains images (either photographs or videos) you must obtain the consent of any person featured or identifiable in the images before contributing that Material to Home Hardware’s websites and Social Media. By uploading images, you promise that those people agreed to its publication by Metcash.
e. When contributing to Home Hardware’s websites and Social Media, you must not impersonate any other person. You must not use Home Hardware’s websites and Social Media in a manner which adversely affects the use or enjoyment by any person of Home Hardware’s websites and Social Media.
2. Dealing with your Material
a. As far as Metcash is concerned, you will continue to own the intellectual property rights in your Material, but please remember that the provider of the social media website, facility or platform might have its own rules on this subject.
b. You give Metcash irrevocable permission to use your Material in any way (including changing, adapting, reproducing or communicating your Material to the public) without charge and without any right of attribution to you and for Metcash to allow others to use it in the same way.
c. At any time and in its sole discretion and without notice to you, Metcash may refuse to include your Material in Home Hardware’s websites and Social Media, remove all or part of your Material from Home Hardware’s websites and Social Media, edit your Material or terminate one or more of Home Hardware’s websites and Social Media or your access to them.
3. Liability relating to Home Hardware’s websites and Social Media and your Material
a. Inclusion of your Material on Home Hardware websites and social media does not indicate any approval of your Material by Home Hardware, its related bodies corporate, suppliers or commercial partners.
b. Home Hardware does not endorse, approve or authorise any material (including your Material) on its websites and social media and you acknowledge that the material on Home Hardware’s websites and social media may not be accurate, complete, up-to-date or useful and that you should not rely upon it.
c. You acknowledge and agree that Home Hardware is not responsible for, and does not check the content or accuracy of, any material (including your Material) on Home Hardware’s websites and Social Media.
d. You agree that to the extent permitted by law, Metcash, its related bodies corporate, employees, directors, officers, contractors and/or agents will have no liability of any kind to you or any third party (including for, without limitation, direct or indirect losses, special or incidental or consequential losses or losses of data, business opportunity, revenue or profit) under any circumstances in connection with Home Hardware’s websites and Social Media, your Material or any other material on those social media.
e. If you (or your Material) breach these terms or any laws relating to your use of Home Hardware’s websites and Social Media, you will indemnify Metcash against any claims, losses, damages or costs suffered or incurred by Metcash in connection with your breaches.
f. Your use of Home Hardware’s websites and Social Media, and your contribution of Material to them, is at your own risk.
g. Metcash does not represent or warrant that the Home Hardware websites and Social Media or any of the material on the Home Hardware websites and Social Media will operate for any minimum period of time, will be free of computer viruses, or have any particular audience, availability, service levels or other characteristics.
h. Nothing in these terms is intended to limit or exclude any non-excludable rights you may have or non-excludable terms that may be implied under State or Commonwealth laws including the Competition and Consumer Act 2010 (Cth). These terms are to be construed subject to those non-excludable rights and terms.
a. Metcash may vary these terms from time to time. You should check for variations periodically.
c. These terms will be governed by and construed in accordance with the laws of the state of Victoria, Australia.
Special User Generated Content Promotions: WIN a $100 Home Hardware gift card Share and Win DIY competition.
Terms & Conditions:
1. The “Promoter” is Independent Hardware Group Australia Pty Ltd (ABN: 98 009 713 704) 19 Corporate Drive, Heatherton VIC 3202 The “Promotion” is ‘Share and Win a $100 Mitre 10 gift card for your DIY Transformation.
2. By providing your contact details you subscribe to receive future special offers, promotions plus information about special events from Home Hardware and from our agents, until such time as you request us to stop. Should you wish to opt out at any time simply let us know by phone or email. We will provide you with appropriate contact details every time we contact you. Your details remain yours and may only be shared with our agents for the purposes of communicating Home Hardware offers only. They will NOT be sold or rented to any other companies.
4. Entry is open to all residents of Australia. Employees and their immediate families of the Promoter and their associated agencies and companies are not eligible to enter.
5. Information on how to enter and all major prizes form part of the terms of entry. Entry into the competition is deemed acceptance of these terms and conditions.
6. To enter and be eligible to win, entrants must:
i.Follow Instagram accounts and/or Facebook accounts for Home Hardware
i.Share a before and after post of your DIY to your Instagram or Upload your DIY project on the announcement post comments in the Facebook comments, explaining what your fav products you used from Home Hardware that made your job helpful.
7. Entry by tagging and sharing a post of your project with #mightydiy or #fixitathome on Instagram or photo upload on the comments @Home Hardware on Facebook. Is dependent on entrants following and acting in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed Facebook Terms of Service.
8. All entrants unconditionally and irrevocably release and discharge Facebook from any and all liability in relation to this Promotion.
10. The promotion is in no way sponsored, endorsed or administered by Instagram, or associated with, Instagram. Entrants understand that they are providing their information to the Promoter and not to Instagram. Entrants are solely responsible and liable for the content of their entries and any other information they transmit to other Internet users. To the extent permitted by law, each Entrant agrees to indemnify, defend and forever hold harmless, the Promoter, Instagram and their associated agencies and companies, against any and all losses, actions, claims, costs, expenses and damages (of any nature) which may be incurred by an Entrant in respect of the Entrant’s participation in the promotion. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Instagram.
11. It is a condition of entry that all entrants are over the age of 18 upon the date of entry.
12. The Promoter reserves the right to request winners to provide proof of identity, proof of age and, proof of residency at the nominated prize delivery address and/or proof of entry validity in order to claim a prize. Proof of identification, age, residency and entry considered suitable for verification is at the discretion of the Promoter. In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered.
13. The competition commences on 9th July 2021 and concludes on 15th July 2021 at 11:59pm (ACST). Entries must be received by the Promoter prior to the competition close date and time - the time of entry will be the time the online entry is received by Home Hardware Pty Ltd
14. The Promoter accepts no responsibility for any late, lost or misdirected entries.
15. The prize draw will occur at 09.00* AEST on 16th July 2021. With post announcement on the 16th July September 2021 12:00pm.
16. Entrants are required to take full responsibility for the content of their entry and for ensuring that their entry complies with these terms and conditions. For the purposes of these content requirements, “entry content” includes any content (including text, photos, videos and email messages) that entrants submit, upload, transmit, publish, communicate or use in connection with their entry into the Promotion. Entries must be the entrant’s original work. The Promoter reserves the right to verify, or to require the entrant to verify, that the entry is the entrant’s original work. If an entry cannot be verified to the Promoter’s satisfaction, the entry will be deemed invalid. The Promoter may, in its absolute discretion, edit, modify, delete, remove or take-down any part of an entrant’s entry. An entrant’s entry must not include:
i) any image of any other person without that person’s express consent. Entrants warrant that if any such content is included, they have obtained the express consent of the relevant person;
ii) any content that contravenes any law, infringes the rights of any person or is potentially insulting, inflammatory, defamatory, obscene, offensive, discriminatory, indecent or otherwise objectionable or inappropriate (which includes, without limitation, any content involving nudity, malice, excessive violence or swearing); and
iii) any literary or artistic work, or any other item in which copyright subsists, unless the entrant is entitled to do so. If an entrant has any doubts about whether they have the right to include any content (for example, copyright text) they must not include it. By including any such content in their entry, the entrant warrants that they have the permission of the relevant copyright owner to do so and that this permission allows the Promoter to use the entry in accordance with these terms and conditions.
17. The Promoter reserves the right to disqualify a winner if Promoter becomes aware that the winner and/or the winner’s entry is of a type described in this clause.
18. The Promoter reserves the right to disqualify any entrant who tampers with the entry process, who submits an entry that is not in accordance with these terms and conditions or who has, in the opinion of Promoter, engaged in conduct in entering the Promotion which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promotion and/or Promoter.
19. Entrants may enter as many times as they like but only one prize will be awarded per household.
20. The winners will be the valid entry submitted in accordance with these terms and conditions, that is selected by a random drawing generator by the Mitre 10 marketing team at 19 Corporate Drive Heatherton Victoria 3202.
21. The Promoter’s decision is final and the Promoter will not enter into correspondence regarding the competition result or any other decisions the Promoter makes in connection with the Promotion.
22. The winners will be notified by Mitre 10 via Instagram if entry is on Instagram and on Facebook if entry is on Facebook. The promoter will personally notify all prize winners within two days of the draw of prizes. Winners of prizes will be posted on Home Hardware Instagram and Home Hardware Facebook page.
23. Should an entrant’s contact details change during the promotional period, it is the entrant’s responsibility to notify the Promoter. A request to access or modify any information provided in an entry should be directed to the Promoter.
24. Total prize pool is $100 and includes a Home HardwareGift card valued at $100
25. Prize values are based upon the recommended retail prices at the time of publication (inclusive of GST). The Promoter accepts no responsibility for change in prize value between now and the ultimate prize redemption date.
26. Prize cannot be transferred, exchanged or redeemed for cash.
27. Once prize has left the Promoter's premises, the Promoter takes no responsibility for prizes damaged, delayed or lost in transit.
28. It is a condition of accepting the prize that the winner must comply with all the conditions of use of the prize and the prize supplier’s requirements.
29. Prize must be taken within 3 months of winning announcement. In the event a winner does not take the prize by the time stipulated and the promoter has taken all reasonable steps to delivery the prize to the prize winner, then the promoter must notify the Office and, subject to the Office’s approval, re-determine the winner of the prize in accordance with any directions by the Office.
30. The promoter is responsible for delivery (within Australia) of the prize to the winners however will not be liable for any damage to or delay in transit of prizes. The promoter cannot guarantee that any prizes returned to the Promoter due to non-delivery at the provided address will be re-sent to the prize winner however will make all reasonable efforts to deliver prizes to the addresses provided by competition entrants in their entry form. The Promoter highly recommends a current residential street address be provided when requested for ease of correspondence and potential prize delivery.
31. If for any reason this competition is not capable of running as planned, including (without limitation) due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any causes beyond the control of the Promoter, the Promoter reserves the right in its sole discretion take any action that may be available, and (without limitation) to cancel, terminate, modify or suspend the competition, subject to any direction given under State Regulation.
32. In consideration for the Promoter awarding the prize to the winner, the winner hereby permits the winner’s submission, image and recipe as submitted during the winner’s participation in the prize to appear in connection with the Promoter, or the advertising or marketing thereof, in any media whatsoever throughout the world and the winner will not be entitled to any fee for such use. All participants posting images on Home Hardwaresocial media pages and/or hashtaging #mightydiy or #orfixitathome @Home Hardwareare agreeing in releasing all rights to their images, giving Home Hardwarepermission to reuse their image. Gift cards cannot be redeemable for cash and are subject to their conditions of use. Competition excludes Home Hardware staff, IHG staff and IHG licensed store staff. Home Hardware reserves the right to correct any printing errors. Promoter shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with any prize/s except for any liability which cannot be excluded by law.
33. Promoter shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with any prize/s except for any liability which cannot be excluded by law.
34. The Promoter is not responsible for any incorrect or inaccurate information, either caused by entrant or for any of the equipment or programming associated with or utilised in this competition, or for any technical error, or any combination thereof that may occur in the course of the administration of this competition including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, theft or destruction or unauthorised access to or alteration of entries.
Updated July 2021.