TERMS AND CONDITIONS

Information about how to enter and Awards form part of these Terms and Conditions. Entry into Countrywide’s Best Foot Forward Reward Program – “Turn Up The Heat” (Program) is deemed to be an acceptance of these Terms and Conditions.

DURATION OF PROGRAM
The Program will commence at 00:01 AEST on 1 June 2011 and conclude at 23:59 AEST on 31 July 2012 (Promotion Period). The Program is split into two Promotion Periods: Period 1: 00:01 AEST 1 June 2011 – 23:59 AEDST 30 November 2011 (Promotion 1 Period). Period 2: 00:01 AEDST 1 February 2012 – 23:59 AEST 31 July 2012 (Promotion 2 Period). The months of December 2011 and January 2012 are not included in the Promotion Period.

ELIGIBILITY FOR PARTICIPATION
All invited customers of participating Countrywide Distributors will be eligible for participation in the Program at the discretion of the Countrywide Distributor’s management (Customers).

CATALOGUES
There will be two (2) separate catalogues released for the Program (Product Catalogues). There will be one (1) catalogue released for Period 1 (Period 1 Product Catalogue) and there will be one (1) catalogue released for Period 2 (Period 2 Product Catalogue).

EARNING AWARDS POINTS
To earn Award Points to be used in the Program, Customers must purchase the products featured in the relevant Product Catalogue received from their local participating Countrywide Distributor during the applicable Promotion Period. For every $30 of participating platinum products (displayed with a product image in the relevant Product Catalogue) purchased during the applicable Promotion Period, the Customer will receive 125 Award Points. For every $30 of participating gold products (displayed with a product image in the relevant Product Catalogue) purchased during the applicable Promotion Period, the customer will receive 100 Award Points. For every $30 of participating silver products (listed at the back of the catalogue in the relevant Product Catalogue) during the applicable Promotion Period, the Customer will receive 50 Award Points. For the sake of clarity, purchases must be made from the Period 1 Catalogue during the Promotion 1 Period and from the Period 2 Product Catalogue during the Promotion 2 Period to earn points. From time to time Customers may have the opportunity to earn bonus Award Points on selected products for a set amount of time, as determined by the Promoter in its absolute discretion (Bonus Points Offer). This will be detailed to Customers via the program website and will detail the specific dates required when purchases are required to be made and the names of the products included in the Bonus Points Offer. The way a Customer earns Award Points may change from time to time and Customers will be provided with reasonable notice of any such changes. If a Customer returns any products that are deemed products which Customers can earn points under the Program, any points earned for the purchase of those returned products will be deducted and the Customers total Award Points will be adjusted accordingly.

MEASUREMENT
Purchases of products featured in the Product Catalogues will be assessed on a monthly basis (excluding December 2011 and January 2012 which are not in the Promotion Period). The total amount of Award Points will be calculated based on the total dollar purchases of participating products. A statement detailing the total amount of Award Points will be available online for the Customer to view in the month following Customers’ purchases (Award Statement).

AWARD POINTS
Award Points are the unit of currency of the Program. Award Points are not property and do not have any monetary value. Award Points are non-transferable between Customers. Subject to reaching the minimum number of Awards Points required, the Customer may use Award Points to redeem Awards/Vouchers featured in the Program’s Award section of the Introductory Brochure distributed to Customers by Countrywide Distributors. The Award Points may be converted to Awards at any time during the Program. Customers have until 31 October 2012 to redeem their Awards.

HOW TO CLAIM AWARDS
Customers must earn a minimum of 4,500 Award Points over the duration of the Promotion Period to be eligible to redeem any Award and must also have achieved the number of Award Points relevant to the selected Award. A customer can claim an Award online at http://turnuptheheat.countrywidebff.com . Alternatively, a Customer may complete an order form (Award Order Form), clearly sign the Award Order Form and return it to Program Headquarters. All goods and/or accounts must be paid for in accordance with the local Countrywide Distributor’s trading terms in order to be eligible to claim an Award. All redemptions must be made prior to 31 October 2012. After this date, orders for Awards will not be processed.

AWARD SUBSTITUTION
Awards are not transferable or exchangeable and cannot be taken as cash unless otherwise specified by the Promoter.

AWARD REDEMPTION
Awards can be redeemed by Customers and may be retained for personal or general business use or awarded to others by that Customer at their own discretion, on the basis that the person accepting the Award does so, on behalf of the business, and is authorised to do so. Awards claimed by registered clubs are subject to dispersal in accordance with the laws and regulations applying to registered clubs in each state. Government and contract customers may be subject to exclusion from the Program. Awards earned through the Program may only be claimed through Program Headquarters. Alternative arrangements of any kind by Customers for the supply of goods will not be accepted or honoured. When redeeming an Award, Program Headquarters may seek proof of identity and proof of authority in order to complete the redemption process.

DELIVERY TIMES
The Countrywide Distributor will nominate whether Awards are despatched directly to the Customer or to the Countrywide Distributor for distribution to the Customer. Program Headquarters will use its best endeavours to ensure that Awards are despatched promptly following receipt of order to either the Countrywide Distributor’s delivery address or the nominated delivery address of the Customer. However, where multiple Awards are ordered, in the interests of efficiency, it may take longer to consolidate orders and despatch the Awards. Under normal circumstances, Awards will be delivered within 28 working days of receipt of order. Exceptions may take up to 42 working days, unless notified otherwise.

AWARD DELIVERY
The Promoter or any of its Countrywide Distributors accept no responsibility for lost or stolen Awards, lost or misdirected mail or correspondence, expired vouchers, Awards damaged after receipt or Awards that have been tampered with in any way.

AWARD AVAILABILITY
All Award items are subject to availability. If due to reasons beyond the reasonable control of the Promoter, the Promoter cannot provide any particular Award, the Promoter reserves the right to substitute the Award with an item of similar value if necessary.

VOUCHERS
Awards will be offered in the form of vouchers as detailed below. All vouchers are subject to the terms and conditions of the individual voucher issuer. Specific terms and conditions apply to each voucher as indicated on the voucher, including those detailed below as themselves as well as additional terms available on the issuers’ websites as detailed below, where applicable. Vouchers must be used by the expiry date stated on the voucher and no replacement voucher will be provided if the voucher is not used within the period it is valid. (a) "Apple", iPod shuffle", "iPod nano", iPod classic", "iPod touch", "iTunes", "MacBook" and "iPhone" are trademarks of Apple Inc., registered in the U.S. and other countries - for full Terms of Use visit http://www.apple.com/legal/itunes/au/terms.html#SALES (b) Coles Group & Myer Gift Card: Conditions and exclusions apply. For full Terms of Use visit giftcards.com.au or phone 1300 304 990. (c) Coles Express Gift Card: Redeemable at Coles Express only. Cannot be used for Bill Express or Kodak kiosk payments and purchases. For full Terms of Use visit giftcards.com.au or phone 1300 304 990. (d) The Good Guys Terms and conditions of use: Treat this card like cash. Defaced mutilated, altered, lost or stolen cards will not be replaced, refunded or redeemed. This card is: Redeemable for merchandise or services at participating The Good Guys stores only; Not redeemable on a purchase of under $20; Not redeemable for cash and cannot be used for payment of credit or retailer accounts; Must be redeemed before the expiry date shown on the card; Will be void and may not be redeemed after expiry date; Cannot be reloaded; is partially redeemable. It is up to you to use the full value before the expiry date. Cash will not be given for any unused balance. Unused balance on expiry of this card will not be refunded or credited. Purchases exceeding available card balance require difference paid by other method. We reserve the right to change the Terms and Conditions of Use at any time. For more information and the full terms and conditions please visit www.thegoodguys.com.au. This card is not redeemable in New Zealand. (e) Travelscene American Express Gift Cards are redeemable for merchandise or services at participating Travelscene American Express shops throughout Australia only. These services include (but are not limited to); airfares, accommodation, coach tours, cruises, travel insurance rail fares and package tours (excluding travellers’ cheques and bookings made online). Participating Travelscene American Express shops are not obliged to accept the use of this card on a sale of under $20. The validity of Travelscene American Express Gift Cards is 12 months from issue. See www.travelscene.net.au for full terms and conditions. (f) Countrywide Award Vouchers: Countrywide Award Vouchers may be used for new purchases by the Customer at the participating Countrywide Distributor or may be used for payment of the Customer’s existing account with the participating Countrywide Distributor. Countrywide Award Vouchers are valid for use during the period from 1 June 2011 until 30 November 2012. Countrywide Award Vouchers must be used by the expiry date stated on the Countrywide Award Voucher and no replacement will be provided if the Countrywide Award Voucher is not used within the period it is valid. Refer to the individual Countrywide Award Voucher for full terms and conditions. (g) Kitchenware Direct Gift vouchers and unused portions of gift vouchers should be spent within 12 months from the "expiry" date included on the gift voucher. Any unused balance will be placed in the recipient's gift voucher account and is not transferable. The original expiration date will apply to any unused balance. Gift vouchers are not redeemable for cash and cannot be returned for a cash refund. If your order exceeds the amount of your gift certificate, you must pay for the balance with a valid and accepted credit card. (h) Woolworths: Woolworths Limited is the issuer of the Wish Gift Card but is not the promoter of the offer and is therefore not responsible for the prizes, products or services under the offer or the fulfilment of the offer terms. Woolworths Limited is responsible for the fulfilment of the terms and conditions of the WISH Gift Card. WISH Gift Cards are redeemable at participating stores only. Participating stores may change from time to time. WISH Gift Cards terms and conditions apply. See WISHgiftcards.com.au for full terms and conditions and for a list of participating stores.

OPT-OUT
In the event that a Customer chooses to opt-out of the Program, they are eligible to redeem all Award Points that they have earned up to the time of opting-out, providing that they have earned a minimum of 4,500 Award Points. Customers must provide written notice to Program Headquarters should they wish to opt-out of the Program.

COMBINING AWARD POINTS
If a Customer purchases products featured in the Product Catalogues from more than one participating Countrywide Distributor, they may combine their Award Points in order to redeem Awards only if they contact Program Headquarters in writing, stating the customer codes and the Award Points they wish to combine and only after the final statement has been issued in August 2012. If a Customer owns more than one (1) business and therefore receives multiple Award statements from the same Countrywide Distributor, Award Points may be combined in order to redeem Awards only if they contact Program Headquarters in writing, stating the customer codes and the Award Points they wish to combine at any time during the program. All requests for combining Award Points must be made to Program Headquarters prior to 30 September 2012.

PROMOTER’S WEBSITE
Registration to the program is automatic on purchasing products featured in the Product Catalogues. Customers will be issued with a username and password which they can use to access the Program via the Promoter’s website. Customers are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under a Customer’s password or account.

All intellectual property rights in the Promoter’s website, including design, text, graphics, logos, icons, sound recordings and all software relating to the Promoter’s website belongs to or is licensed by the Promoter. These intellectual property rights are protected by Australian and international laws.

Customers may not in any form or by any means copy, adapt, reproduce (other than for the purpose of viewing the website in your browser), store, modify, distribute, print, upload, display, perform, remove any credits, publish post frame within another website or create derivative works from any part of the Promoter’s website or commercialise any information obtained from any part of the Promoter’s website without the Promoter’s prior written permission or, in the case of third party material, from the owner of the intellectual property rights in that material.

The Promoter’s website may contain links to other websites. The links are provided for convenience only and may not remain current or be maintained. The Promoter is not responsible for the content or privacy practices associated with linked websites.

Unfortunately, no data transmission over the internet can be guaranteed as totally secure. The Promoter does not warrant and cannot ensure the security of any information which Customers transmit to the Promoter. Accordingly, any information that Customers transmit to the Promoter’s website is transmitted at a Customer’s own risk. If a Customer becomes aware of any problems with the security of the data or the website, they should contact the Promoter immediately.

Customers must ensure that their access to the Promoter’s website is not illegal or prohibited by laws which apply to a Customer.

The Promoter does not warrant the accuracy, adequacy or completeness of the information, nor does the Promoter undertake to keep the website updated. The information on the website is not, and is not intended to be, advice. Customers should not act or refrain to act on the basis of any of the material on the Promoter’s website without first satisfying themselves as to the truth or accuracy of all information given.

Whilst the Promoter has no reason to believe that any information contained on the Promoter’s website is inaccurate, the Promoter does not warrant the accuracy, adequacy or completeness of such information, nor does the Promoter undertake to keep the website updated. The Promoter does not accept responsibility for loss suffered as a result of reliance by Customers on the accuracy or currency of information contained on the Promoter’s website.

Customers must take their own precautions to ensure that the process that they employ for accessing the Promoter’s website does not expose the Customer to the risk of viruses, malicious computer code, or other forms of interference which may damage a Customer’s own computer system. For the removal of doubt, the Promoter does not accept responsibility for any interference or damage to a Customer’s own computer system which arises in connection with a Customer’s use of the Promoter’s website or any linked website.

LIMITATION OF LIABILITY
Subject to the paragraphs below, any liability of the Promoter and Countrywide Distributors (including their respective officers, employees and agents) for any loss or damage (including by the negligence of the Promoter and Countrywide Distributors), suffered by a Customer in connection with the Program or use of the Promoter’s website is limited to $100. Subject to the below paragraph, the Promoter and Countrywide Distributors are not liable for any consequential loss, indirect loss, loss of revenues, loss of reputation, loss of profits, loss of bargain, loss of actual or anticipated savings, lost opportunities, including opportunities to enter into arrangements with third parties and loss or corruption of data, suffered or incurred by the Promoter and Countrywide Distributors in connection with the Program or use of the Promoter’s website. 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 2010 (Cth) or any other legislation that implies a condition or warranty into these terms and conditions in respect of goods or services supplied and the Promoter’s liability for breach of that consumer guarantee, warranty or condition cannot be excluded (“Non-Excludable Guarantees”). Subject to the operation of the Non-Excludable Guarantees, and to the maximum extent permitted by law, the Promoter’s liability is limited , at the option of the Promoter: in the case of services supplied or offered by the Promoter, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and in the case of goods supplied or offered by the Promoter, (c) the replacement of the goods or the supply of equivalent goods, (d) the repair of such goods, (e) the payment of the cost of replacing the goods or acquiring equivalent goods, or (f) the payment of the cost of having the goods repaired.

INDEMNITY
The Customer is liable for and indemnifies the Promoter from and against, all loss or damage (including legal costs) incurred or suffered by the Promoter however caused in connection with any breach of these terms and conditions by the Customer or any alleged or actual infringement of a third party’s intellectual property rights or other right in connection with the products or the Program.

TAX LIABILITY
Any liability for Commonwealth, State or other taxes imposed on an Award received in the Program will be the sole responsibility of Customers and not of the Promoter or any of its Countrywide Distributors. Customers are recommended to seek independent advice regarding taxation implications arising from their acceptance of Awards. All Award vouchers are valued inclusive of GST where applicable.

DECISIONS
Any decisions relating to the operation of the Program are made by the management of the Promoter or decisions made as to a Customer’s eligibility by the Promoter or any of its participating Countrywide Distributors in relation to the Program shall be final and binding and no correspondence or merits review will be entered into.

TERMINATION AND MODIFICATION
If this Program 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 Customer from the Program; (b) modify, suspend, terminate or cancel the Program, as appropriate; or (c) amend these Terms and Conditions, as appropriate.

TRAVEL INSURANCE AND LIABILITY
Travel insurance is the responsibility of any traveller and is highly recommended. The Promoter and Countrywide Distributor’s will not accept any responsibility or liability for costs incurred through injury, cancellation or losses suffered by any traveller either before, during or after any travel movement associated with an Award except for any liability that cannot be excluded by law.

ELIGIBILITY OR CANCELLATION
The eligibility of a person participating in the Program as a Customer is at the discretion of the Promoter and may be subject to verification by the Promoter or by the Countrywide Distributor acting as the service point for the Customer. Any irregularities or discrepancies found relating to the Customer’s eligibility may result in the Customer being excluded from the Program and Award Points being cancelled.

TRADING TERMS
The failure of Customers to stay within their local Countrywide Distributors terms of trade could result in their disqualification from the Program.

CUSTOMERS INFORMATION AND PRIVACY
The Customer authorises the Promoter, Incremental Marketing Group and any of the Promoter’s or Incremental Marketing Group’s agents, to collect, use and disclose various items of personal information about the Customer in connection with the Program and for the purposes of providing services to the Customer, facilitating the Promoter’s internal business operations, including the fulfilment of any legal and regulatory requirements and providing the Customer with information about the Promoter and the services that the Promoter offers such as promotions and marketing of the Promoter’s or Incremental Marketing Group’s goods and services.

Customer’s registration data and certain other information about Customers provided upon registration for the Program and available on the Promoter’s website are subject to the Promoter’s privacy policy.

If the personal information of a Customer is incomplete or inaccurate, the Promoter may not be able to provide the Customer with the services that it is seeking.

More detailed information about the way the Promoter and Incremental Marketing Group use, disclose and secure Customers personal information and how Customers can access that information can be found in the Promoter and Incremental Marketing Group’s privacy policy, available by visiting the www.countrywide.net.au or www.incrementalmarketing.com.au.

SEVERANCE
If any provision of these Terms and Conditions or its application to any person or circumstance is or becomes invalid, illegal or unenforceable then the provision will so far as possible be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable. If any provision or part of it cannot be so read down, then the provision or part of it will be deemed to be void and severable and the remaining provisions of these Terms and Conditions will not be affected or impaired in any way.

ENTIRE AGREEMENT
These Terms and Conditions constitute the entire agreement between the Promoter, its Countrywide Distributors and Customers with regards to the Program.

THE PROMOTER
The Promoter is Countrywide Australasia Limited.
2 Davis Road (PO Box 6044)
Wetherill Park, NSW 2164
ABN: 34 068 162 676
ACN: 068 162 676
Ph: (02) 9732 9732

PROGRAM HEADQUARTERS
PO Box 6511
Baulkham Hills, NSW 2153
Ph: 1300 639 033
Fax: 1300 749 033
These Terms and Conditions are governed by the laws of New South Wales