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.
Entry is only open to NSW, VIC & QLD residents aged 18 years or over who are cotton growers, and customers of the Promoters, and are invited to enter the promotion (“Eligible Growers”).
Employees (and their immediate families) of the Promoters, 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 1st cousin.
Entry into the promotion commences 01/08/18 and ends 11:59pm AEDST on 30/11/18 (“Entry Period”).
To be eligible to enter, Eligible Growers must have, in the current planting year (which starts 01/08/18 and ends 30/11/18), have purchased from the Promoter, and subsequently planted in a field on their farm, CSD cotton planting seed with FastStartTM seed treatments (“Eligible Crop”).
To enter, Eligible Growers must take a photo of themselves with their Eligible Crop and then visit www.faststartcotton.com.au, follow the prompts to the awards application page, complete all requested details about themselves and their Eligible Crop including, without limitation, contact details and address, seed lot and treatment information, select whether they farm on irrigated or dryland, number of seeds planted and plants established, and planter uniformity counts, attach the photo of their Eligible Crop and submit the fully completed form during the Entry Period.
The Promoters reserve the right, at any time, to verify the validity of Eligible Growers and Eligible Crops and reserve the right, in their 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 Promoters’ discretion. Failure by the Promoters to enforce any of their rights at any stage does not constitute a waiver of those rights. The Promoters’ legal rights to recover damages or other compensation from such an offender are reserved.
Incomplete, indecipherable or illegible entries will be deemed invalid.
Multiple entries are permitted per Eligible Grower, subject to the following: (a) only one (1) entry permitted per Eligible Crop; (b) each Eligible Crop must be in a separate field; and (c) each entry must be submitted separately and in accordance with entry requirements.
Eligible Growers must retain their AUSLot information as proof of their purchase of CSD cotton planting seed with FastStartTM seed treatments from the Promoters. Failure to produce the proof of purchase when requested may, in the absolute discretion of the Promoters, result in invalidation of ALL of an Eligible Grower’s entries and forfeiture of any right to any award or prize.
If there is a dispute as to the identity of an Eligible Grower, the Promoters reserve the right, in their sole discretion, to determine the identity of the Eligible Grower.
At the conclusion of the Entry Period, the Promoters will individually judge all Eligible Crops submitted by Eligible Growers based on the information and photos provided, and will assign each Eligible Crop an establishment percentage (based on the number of established plants out of the seeds planted) and a Planter Uniformity Index (PUI) number based on established objective measurements. For the avoidance of doubt, this promotion is a game of skill and chance plays no part in the determination of any winners.
The judging will take place at Level 1 2-4, Lyonpark Road, Macquarie Park NSW 2113 on 15/12/18.
To determine the winners, Eligible Growers will be divided into two (2) groups based on their land type, being either irrigated or dryland. Eligible Crops will then be provided a score by the Promoters based on a combination of the establishment percentage and PUI of each Eligible Crop.
The Eligible Grower in each group that submitted the highest scoring Eligible Crop will each be declared a FastStartTM Cotton Establishment Award winner (“Winner”). Winners will be notified by telephone and email.
The Promoters’ decision is final and no correspondence will be entered into.
Each Winner will receive a trip for two (2) people to Kununurra and Broome, NT. Each prize includes:
Return airfares from the winner’s nearest town to Darwin, NT;
Connecting flights from Darwin to Kununurra, Kununurra to Broome, and Broome to Darwin;
3 nights accommodation in Kununurra;
3 nights accommodation at Broome;
Airport transfers where required;
3 days car hire in Kununurra;
Recreational activities to be determined;
Spending money, insurance, items of a personal nature, in-room charges and all other ancillary costs are not included. Prize must be taken by 01/09/19 and is subject to booking and flight availability.
Itinerary to be determined by the Promoter in its absolute discretion. Prize is subject to the standard terms and conditions of individual prize and service providers.
Winners may be required to present their credit card at time of accommodation check in.
If for any reason a Winner does not take a prize (or an element of the prize) at the time stipulated by the Promoters, then the prize (or that element of the prize) will be forfeited.
If any prize (or part of any prize) is unavailable, the Promoters, in their discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification.
Total prize pool value is up to AU$15,000.
Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
Eligible Growers agree that they are fully responsible for any materials they submit via the promotion including but not limited to comments, recordings and images (“Content”). The Promoters shall not be liable in any way for such Content to the full extent permitted by law. The Promoters may remove or decline to publish any Content without notice for any reason whatsoever. Eligible Growers warrant and agree that:
they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;
their Content shall not contain viruses or cause injury or harm to any person or entity;
they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
the Content is their original work and does not infringe the rights of any third party;
they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and
they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.
Without limiting any other terms herein, the Eligible Grower agrees to indemnify the Promoters for any breach of the above terms.
As a condition of entering this promotion, each Eligible Grower licenses and grants the Promoters, their affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (which shall include Content) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.
Winners consent to the Promoters using their name, likeness, image and/or voice (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 Promoters.
If this promotion 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 Promoters, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoters reserve the right, in their sole discretion, to the fullest extent permitted by law (a) to disqualify any Eligible Grower; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.
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 any other 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 Promoters (including their respective officers, employees and agents) exclude 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.
Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoters (including their respective officers, employees and agents) are not responsible for and exclude 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 Promoters’ 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 Promoters) due to any reason beyond the reasonable control of the Promoters; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by an Eligible Grower; or (f) use of a prize.
The Promoters collect personal information ("PI") in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers and suppliers. Entry is conditional on providing this PI. The Promoters will also use and handle PI as set out in their respective Privacy Policies, which can be viewed at www.faststartcotton.com.au/privacy-policy. The Privacy Policies contain information about how Eligible Growers may opt out, access, update or correct their PI, how they may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoters. The Promoters will not disclose PI to any entity outside of Australia.
The Promoters are Cotton Seed Distributors Ltd (ABN 84 000 568 730) of Shenstone, 2952 Culgoora Road, Wee Waa NSW 2388 and Syngenta Australia Pty Ltd (ABN 33 002 933 717) of Level 1 2-4, Lyonpark Road, Macquarie Park NSW 2113.