Wanna win a pool T&C’s

1. General terms and conditions

1.1 This draw is conducted by Lainson Group Pty Ltd (ACN 623 792 834) trading as Cronulla Pools (‘we’, ‘us’ and ‘our’). The draw is conducted for the purposes of funding the Children’s Cancer Institute Australia (ACN 072 279 559) in Australia pursuant to New South Wales community gambling legislation as identified in these terms and conditions.

1.2 For the purposes of these terms and conditions, ‘Art Union’ means the Art Union operated by us and registered with the New South Wales Department of Fair Trading, ‘Draw’ means the draw conducted by us, ‘Terms and Conditions’ means this document and any other document incorporated by reference in these terms and conditions. A reference in the Terms and Conditions to the singular includes the plural and vice versa.

1.3 Additional terms and conditions apply to the Draw including the Cronulla Pools Terms and Conditions in this document, linked pages and Annexures.

1.4 The Draw Terms and Conditions, Cronulla Pools Terms and Conditions and any information on how to enter the Draw and purchase tickets, form part of the Terms and Conditions.

1.6 The Terms and Conditions apply to all entries into and/or prizes awarded in or arising from the Draw. We reserve the right to change the Terms and Conditions at any time without notice, subject to New South Wales community gambling legislation, by posting such changes on Draw/Cronulla Pools website at http://www.raffletix.com.au/wannawinapool

1.7 The laws of New South Wales apply to the conduct of the Art Union and the construction of the Terms and Conditions

2. Conditions of entry

2.1 To enter the Draw, a person must either purchase one or more tickets in the Draw, correctly complete the details required on the ticket order form, online purchase path or as requested by any of our representatives (‘Entry Details’) and nominate:

(a) themselves;

(b) themselves and another person together; or

as the person on the ticket and the entrant in a Draw. Prizes from the Draw must be transferred to the person or persons named on the ticket at the time of purchase. Any prize will be registered in the name of the person or persons named on the ticket and no other person. A person purchasing a ticket, whether for themselves or someone else, is deemed to have agreed to and accepted these Terms and Conditions so far as they apply to purchasers of tickets.

2.3 A person who enters the Draw (‘you, your’) is deemed to have accepted and agreed to the Terms and Conditions, unless you received the ticket as a gift. If you received the tickets as a gift, you may elect to cancel the ticket before the closing date of the Draw if you don’t agree with the Terms and Conditions. If you do not cancel the ticket before the closing date, you are deemed to have accepted and agreed to the Terms and Conditions.

2.4 Entry in the Draw is open to Australian and overseas residents who are at least 18 years old who are not ineligible for entry (‘eligible person’). The following persons are ineligible for entry in the Draw:

(a) a member of our management committee, including our board of directors and executive management;

(b) our employees or employees of our subsidiaries;

(d) a family member of a person caught by paragraphs (a), (b) and (c), including spouses, de facto spouses, parents, step-parents, siblings, step-siblings, children and adopted children; and

(e) all people that are not residents of Australia.

2.5 You may not enter the Draw in the name of a corporate entity, a trust, a self-managed superannuation fund or other fund, an unincorporated association or a syndicate. Any entry where you are named “as trustee for” is also ineligible. Any trustee arrangements are internal matters for you or the purchaser and are not permitted to be stated on the ticket.

2.6 It is your responsibility as an entrant in the Draw to ensure that you are eligible under all applicable laws to accept the prize should you win the Draw.

2.7 We reserve the right to disqualify entries, in our sole discretion, in the event of non-compliance with the Terms and Conditions.

2.8 In the event that we are unable to contact the winner of any Draw prize despite our reasonable effort to do so, the prize will be held for a period of one month, after which it will be deemed as forfeited by the winner and another draw will take place to determine a new winner. Once the previous winner is deemed to have forfeited their prize, they will not have any right or claim to the relevant prize.

2.9 In the event that a prizewinner is unable to accept or receive the benefit of their prize for any reason, they will be deemed to have forfeited their prize and another draw will take place to determine a new winner. Once a winner is deemed to have forfeited their prize, they will not have any right or claim to the relevant prize.

3. Tickets

3.1 We will issue a ticket to you after we receive:

(a) all Entry Details; and

(b) payment in full for the ticket

regardless of whether received from you or another person.

3.2 Once a ticket has been issued, the details associated with that ticket (including your name and address) cannot be amended or updated. Draw prizes must be transferred to the person or persons named on the ticket. For example: any prize home will be registered in the name of the person or persons named on the ticket and no other person.

4. Gift tickets

4.1 Where a ticket is purchased as a gift the gift recipient, and not the purchaser, will be the entrant in the Draw.

4.2 The ticket must be purchased in the name of the recipient of the gift, not the purchaser.

4.3 By accepting the ticket as a gift and thereby being entered into the Draw, the gift recipient is deemed to have accepted the Terms and Conditions.

5. Multiple entrants

5.1 A ticket cannot be purchased by a purchaser on behalf of themselves and another person.

7. Payments

7.1 Tickets in the Draw must be purchased in Australian dollars via the following payment method:

(a) Credit Card and Debit Card - Visa, Mastercard and AMEX.

7.2 Only entries that have been paid for in full will be included in the Draw.

7.3 Payments for the purchase of Draw tickets are not tax deductible.

7.4 A ticket issued also acts as the payment receipt for the purchase.

8. Refunds

8.1 We will allow refunds for the purchases of tickets in an open Draw in the following circumstances:

(a) if you receive the tickets as a gift and you do not accept the Terms and Conditions;

(b) if we amend the Terms and Conditions and you do not accept the amended Terms and Conditions.

8.3 Refunds will be issued via the same method in which payment was originally received. If you received the ticket as a gift, the payment will be refunded to the purchaser and not to you.

8.4 We will refund the amount of the purchase in Australia dollars. We are not responsible for any currency conversion or associated fees if you are located outside of Australia.

11. Transfer of prizes

11.1 Where we are unable to provide you with the nominated prize, or where we are unable to deliver a prize, including but not limited to due to a pandemic, natural disaster, fire, theft, destruction, or other circumstances beyond our control as may arise from time to time, we may at our discretion offer you a substitute prize or make alternative arrangements for the delivery and provision of any prizes in our absolute discretion.

12. Agents

12.1 We may, from time to time, engage with third party agents to assist with provisioning the sale of tickets and facilitating entries in the Draw.

13. Privacy and Communications

13.1 Your participation in the Draw constitutes an invitation for us to contact you in relation to, among other things, matters relating to your ticket purchase and to notify you of the outcome of the Art Union. Please refer to https://www.cronullapools.com/privacy-policy to view our Privacy Policy for information on how we deal with your personal information. At any time, you may elect to opt out of marketing communications.

13.2 To purchase tickets in the Draw, you must supply at least one method of contact for ticket issuance and service messaging. We reserve the right to send you service-related communications to you subject to our Privacy Policy regardless of your contact preference. These service-related communications may include, by way of example only, updates to the Terms and Conditions, to deliver tickets purchased, updates to our privacy policy and anything else required to fulfil your purchase from us.

14. Disclaimer

14.1 Any and all products, brand names, logos, images and/or trademarks as displayed or referred to on our website are owned by the respective trademark owners. We do not warrant to have an affiliation with any trademark owner referenced on this website.

14.2 We use all reasonable endeavours to ensure that information on this website is correct but we do not warrant the accuracy or completeness of the information provided and will not be held liable for any inaccuracy, omission, variation or error. Photographs and plans are for illustrative purposes only and may not be to scale or depict exact prize detail or size. Draw themes and prizes do not necessarily reflect our views or the views of our staff.

14.3 By entering the Draw, you acknowledge that these terms and conditions provide adequate warning of eligibility requirements, alternative prize arrangements and afford a reasonable opportunity for you to seek your own independent legal advice prior to taking transfer of the prize.

14.4 To the extent permitted by law, including pursuant to schedule 2 of the Competition and Consumer Act 2010 (Cth), (‘Australian Consumer Law’), we shall not be liable for any loss or damage of whatsoever nature however occasioned to any person by, through or in connection with the Draw (including but not limited to direct, indirect or consequential loss or damage or personal injury). We will not be liable to you or any winner for any financial consequences (including but not limited to any taxation liability (such as land tax or transfer duty) and/ or levy that may accrue to you or a winner, impact upon eligibility for or receipt of any pension, benefit allowance, superannuation or similar entitlement or any additional legal or other fees, including insurances on or after the transfer of any property) to you or the winner as a result of winning a prize.

14.5 Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

(a) to cancel your service contract with us; and

(b) to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

15. Additional conditions

15.1 All prize values are listed in Australian currency.

15.2 Prizes cannot be transferred or exchanged, and non-cash prizes are not redeemable for cash.

15.3 Food Voucher

(a) Where the prize is a credit from Delish Deliveries, being Delish Wholesale Pty Ltd (ABN 16 169 183 760) (Delish Deliveries), you will receive a credit of $3,000 from Delish Deliveries, in the name of the winner (Credit).

(b) Credit will be credited to the Delish Deliveries account of the winner.

(c) Credit must be redeemed within 12 months from the date of the Draw. Credit that is not redeemed by that time will expire.

(d) There are no refunds available for goods or services purchased using the Credit.

(e) Credit is not transferable and cannot be redeemed for cash or equivalent.

(f) Further conditions apply to the Credit and its redemption, as outlined on the Delish Deliveries website at https://delishdeliveries.com.au/site/faq?page=faq, which are accepted by the prizewinner upon entry to the Draw.

(g) These further conditions include that Delish Deliveries only delivers to the Greater Sydney area, Wollongong & the Illawarra, Central Coast, Canberra and Newcastle.

(h) We or Delish Deliveries are able to amend or alter the terms of the Credit and its redemption in our absolute discretion at any time.

15.4 Accommodation

(a) Where the prize is the accommodation at the Shangri La Sydney in a deluxe Sydney Harbour Room, with USD$100 credit and breakfast for two adults (Accommodation), this refers to a credit to the amount of $400 (AUD) (Accommodation Credit).

(b) The Accommodation Credit must be used through, and redeemed by, Kim Newton of Mobile Travel Agents via email knewton@mtatravel.com.au or telephone on 0418 245 680.

(d) Accommodation Credit must be used for a booking in the name of the winner.

(e) Accommodation Credit is not transferable and cannot be redeemed for cash or equivalent, except to the extent that the credit of USD$100 may be used within the Shangri La Sydney.

(f) Accommodation Credit must be redeemed and used prior to 30 June 2022. If not redeemed by that time, the Accommodation Credit will expire.

(g) Accommodation Credit cannot be used for any bookings for accommodation at the Shangri La Sydney between 20 December 2021 and 20 January 2022.

(h) There are no refunds available for goods or services purchased using the Accommodation Credit.

(i) We or Kim Newton of Mobile Travel Agents are able to amend or alter the terms of the Accommodation Credit, and its redemption, in our absolute discretion at any time.

15.5 Cronulla Pools pool project (Cronulla Pools Terms and Conditions)

(a) Where the prize is the Cronulla Pools pool project (Pool Project), you will receive a pool project of the following specifications at no cost to you, subject to conditions and exclusions.

(b) The Pool Project will be provided for the prizewinner only, to a residential property that the prizewinner is the registered proprietor of, or ordinarily resides in with the registered proprietor, or otherwise to a residential property nominated by the prizewinner. The registered proprietor of the nominated residential property will also be bound by the Cronulla Pools Terms and Conditions.

(c) The residential property where the Pool Project is to be undertaken must be located in greater Sydney, as indicated in the map at the end of these terms and conditions and marked “Figure 1”.

(d) Cronulla Pools is permitted to vary or alter the Pool Project, including the listed inclusions, in its sole discretion.

(e) In the performance of the Services, Cronulla Pools, will exercise reasonable skill and care in conformity with normal standards of industry practice.

(f) Cronulla Pools recommends that you notify your building insurance provider of the work being completed and re-evaluate your insurance cover and property value, during the project and on completion of the work.

(g) Throughout the project, Cronulla Pools and its contractors will make all reasonable efforts to minimise the property exposure to dust and dirt. A detailed clean may be required both during and on completion of the works, this expense will be the responsibility of the prize winner unless allowed for in the estimate.

(h) The prize winner agrees to provide usage of power and water.

(i) The prize winner agrees to make toilet facilities available to the builder and trades during constructions, unless otherwise stated in the contract.

(j) The prize winner agrees to Cronulla Pools displaying and maintaining a sign and/or banner on site.

(k) The prize winner agrees to provide access to the site for all appropriate tradesman, suppliers and the like at reasonable times during working hours.

(l) Cronulla Pools will include the specifications outlined at Schedule 1 of the Terms and Conditions, which are part of the Terms and Conditions, as part of its services for the purposes of the Pool Project.

(m) The Pool Project must commence in the year 2022. If it does not commence prior to the conclusion of 2022, the rights of the prize winner to the Pool Project will expire.

15.6 If Cronulla Pools deems in its sole discretion that the winner of the Pool Project Draw prize cannot meet any of the requirements of clause 15.8 of these Terms and Conditions, the winner will be deemed to be unable to accept or receive the benefit of their prize as dealt with and described in clause 2.9 of these terms and conditions.

SCHEDULE 1

Pool Size: 6m x 3m | Depth: 1.2m - 1.7m | Coping: 400mm

Concept Pool Design + Complying Development Approval

Pool design, documentation and CDC application including calculations and pool compliance plan.

Site survey
Assessment and issue of Complying Development Certificate
Principal Certifying Authority (inspections)
Assessment and issue of Occupation Certificate
Structural engineers design specification for proposed concrete pool.
Home Owner’s Warranty Insurance (HOW)

Preliminaries + Excavation

Preparation of the project. This includes onsite preparation and administrative tasks such as scheduling trades, setting up temporary fencing and installing signage. Carry out excavation of the proposed pool using a 1.5 tonne or 5 tonne excavator depending on access. Cormidi loader removal if required. Cartage of excavated material to a licensed facility/tip site and tipping fees for clean spoil VENM only. Client to provide clear, without stairs, 1.1m wide access with 1700mm high clearance. Property must be accessible by sealed road.

Formwork + Steel Fixing

This phase includes measuring out the design and commencing construction of your proposed pool. Formwork for the proposed pool will be fixed up to +400mm above ground if required. We will supply a 50mm blue metal drainage layer and a plastic membrane moisture barrier. S12 pool structural reinforcement will be installed at 300mm centres with sub verticals (droppers) where the pool depth exceeds 1250mm. 32MPa high strength concrete will be pneumatically sprayed to the engineer's specified 170mm thickness.

Plumbing + Filtration

Install skimmer box with 50mm suction line to filter, 2 x 50mm return lines from filter to pool, provision for solar or heating and 6 lineal metres of backwash line. All internal plumbing included is class 12 pvc. Pressure test all pipes once the concrete shell has been completed. Pool equipment to be located within 6m of proposed pool otherwise additional pipe run charges will apply at $22/lm + gst per pipe. Electrical conduits will be installed for 2 x aquaquip multi coloured LED lights.

Your equipment will be a Theralux Mineral Pool System consisting of:

Theraflo variable speed 1.0hp pump
Therachlor SMC 25g energy efficient self cleaning chlorinator
Theraclear 255 glass media filter with media
2 x 15kg enhanced mineral additive
Chemical start up kit
CPR chart

Heating

Supply and install of any Madimack residential unit up to $5,000.

Lighting + Automation

2 x Aquaquip multi coloured lights with 20m cable and transformer.

Theralux Pool + Manager automation allows you to monitor and control your pool and spa filtration, sanitation and heating as well as other pool and backyard amenities using smartphone connectivity.

Pool Finishes + Beadcrete Interior

Install coping screed bed and render waterline band using sand, cement and Laticrete 3701 mortar admix. Install coping and waterline tiles, supplied by client, using Laticrete 335 premium flexible adhesive. Supply and install Hide stainless steel stone insert skimmer lid. Grout tiles with Laticrete, Davco or Ardex with a colour to suit tile. Expansion joints will be siliconed in a colour to match grout. Your concrete pool shell will be prepared for your interior with an acid wash and pressure clean. All pipes and light fittings will be epoxy sealed. Supply and install Designerite Beadcrete 60% glass islands range.

Handover + Commission Pool

Cronulla Pools includes a four week handover period from practical completion for all of our pools.

This period consists of:

Commission all pool equipment and initial balance of pool water.
Weekly visits from our technician to check and maintain pool water chemistry.
Addition of minerals and/or salt after the curing period is complete.
Provide a handover demonstration from one of our experienced pool technicians
Supply a handover kit with these accessories required to assist with pool cleaning and maintenance which include; 9m hose, 6ft-18ft telescopic pole, leaf scoop, vacuum head and brush

Exclusions

The following is excluded from the services provided by Cronulla Pools for the purposes of the Pool Project:

Rock excavation
Shoring, underpinning, piers or ground stabilisation
Additional pool surround
Tree removal and landscaping work
Service protection report or Sewer peg out
Relocation of any underground services located in the pool construction zone

Sydney Water services coordinator
Provision of sewer gully or other approved outlet for waste water
Installation of electrical and gas mains to filter location
Council refundable deposit and long service levy
Geotechnical reports or inspections
Permanent pool fencing
Decking
Pool cover
Acoustic box
Pool cleaner
Pool heating
Formwork above ground over 400mm
In floor cleaning system
Tiling to external faces of the concrete pool shell
Construction of any external concrete beyond the 400mm pool coping
Reinstatement of any grass, tiled, paved or concrete areas that may be damaged during construction