“CALLISTO - AGENT PROMOTION”
TERMS AND CONDITIONS
- Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
- The promoter is Syngenta Australia Pty Ltd (ABN 33 002 933 717) of Level 1, 2-4 Lyonpark Road, Macquarie Park, NSW 2113, telephone 02 8876 8500 (“Promoter”).
- Entry is only open to business operating in Australia (excluding ACT) that are invited to participate in this Promotion by one of the Promoter’s Territory Sales Managers (each an “Eligible Business”).
- Employees (and their immediate families) of the Promoter 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.
- Promotion commences on 6th April 2021 and ends at 11.59pm AEDST 15 December 2021 (“Promotional Period”).
- To enter, an Eligible Business must sell a minumim of 200L of CALLISTO within Australia and report the sale through the official Syngenta agency portal during the Promotional Period:
- For every 200L of Callisto sold by the Eligible Business they will receive one (1) entry into the draw. For example, if an Eligible Business sells a total of 1000L of CALLISTO during the Promotional Period in accordance with Clause 6 above, they will receive five (5) entries into the draw. If an Eligible Business sells a total of 999L of CALLISTO during the Promotional Period in accordance with Clause 6 above, they will receive four (4) entries into the draw.
- The prize draw will be conducted at Anisimoff Legal, Suite 5 Erina Plaza, 210 Central Coast Highway, Erina NSW 2250 on the 21 of December 2021 at 12.30pm AEDST in the presence of an independent scrutineer. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn.
- There are twelve (12) prizes to be won.
- In all instances, prizes will be awarded to the manger/owner of the respective winning Eligible Business, who may,, in his/her absolute discretion, allocate the prize to any employee of that Eligible Business or a grower to whom they have sold Callisto to (each the “Prize Recipient”). The owner/manager must notify the Promoter of that transfer (in writing) by 17/01/2022 and must not issue the prize without the Promoter’s approval. Approval of the transfer is at the Promoter’s sole discretion.
- The first twelve (12) valid entries drawn from all valid entries received will each win the prize of a trip for one (1) adult to Darwin to participate in the 2022 Callisto Darwin Fishing Adventure in July 2022 valued at up to AUD$4,000 (“Prize”) depending on date and point of departure. Each Prize includes:
- Return economy flights from the Prize Recipients closest capital city to Darwin NT Australia. The Prize Recipient will be responsible for all travel costs associated with getting to and from their closest capital city;
- Four (4) nights single share accommodation (in a hotel to be determined by the Promoter);
- Return airport to hotel bus transfers;
- Two (2) day fishing charter; and
- Two (2) meals a day (in a location to be determined by the Promoter).
- Spending money, additional meals, taxes (excluding airline and airport taxes), insurance, passports, visas, vaccinations, transport to and from departure point, additional transfers, items of a personal nature, in-room charges and all other ancillary costs are not included. Prize must be taken to coincide with the 2022 Callisto Darwin Fishing Adventure in July 2022 and is subject to booking and flight availability. Each winner is responsible for ensuring that they have any requisite travel passes and travel documentation. Itinerary to be determined by the Promoter in its absolute discretion. Frequent flyer points will not form part of the Prize. 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.
- Subject to the terms and conditions of the participating prize provider(s), if for any reason a Prize Recipient does not, once the Prize has been booked, take the Prize (or an element of the Prize) at the time stipulated, then the Prize (or that element of the Prize) will be forfeited and will not be redeemable for cash.
- This is a game of chance plays and skill plays no part in determining the winners.
- The Promoter reserves the right, at any time, to verify the validity of entries and Eligible Businesses and reserves the right, in its sole discretion, to disqualify any Eligible Business 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.
- Incomplete or indecipherable entries will be deemed invalid.
- Winning Eligible Businesses will be notified in writing within two (2) business days of draw. The names of winning Eligible Businesses will be published online at https://www.syngenta.com.au/callisto-2021-agent-promotion-winners on 7 January 2022.
- The Promoter’s decision is final and no correspondence will be entered into.
- In the event of war, terrorism, state of emergency, pandemic or any other kind of disaster, the Promoter reserves the right to cancel, terminate, modify or suspend the promotion or suspend, substitute or modify a prize subject to any written directions from a relevant regulatory authority.
- 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.
- Total prize pool value is up to AU$48,000.
- Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash.
- A draw for any unclaimed prizes may take place on 21 March 2022 at the same time and place as the original draw, subject to any directions from a regulatory authority. Winners, if any, will be notified in writing within two (2) business days of the draw. The names of winning Eligible Businesses will be published online at https://www.syngenta.com.au/callisto-2021-agent-promotion-winners on 25 March 2022.
- As a condition of accepting a prize, the owners/managers of winning Eligible Businesses and Prize Recipients consent to the Promoter using the Eligible Businesses’ details and the Prize Recipient’s 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.
- 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 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 entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
- The use of any automated entry software or any other mechanical or electronic means that allows an Eligible Business to automatically enter repeatedly is prohibited and will render all entries submitted by that Eligible Business invalid.
- 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.
- 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 an Eligible Business or Prize Recipient; or (f) use a prize and/or participation in a Prize.
- As a condition of accepting a Prize, an authorised representative on behalf of an Eligible Business or the Prize Recipient must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
NSW Authority. TP/00933. SA Permit No. T21/48