“WIN A DAY WITH SHANE ROSE” PROMOTION
TERMS AND CONDITIONS
1.
Information on how to enter and the prize form part of these Terms and Conditions.
Participation in this promotion is deemed acceptance of these Terms and Conditions.
2.
Entry is only open to Australian residents who, in the event they are selected as the
winner, have access to or are able to provide a horse or horses to take part in the prize
(as outlined in clause 14). Entrants under 18 years old must have parental/guardian
approval to enter and further, the parent/guardian of the entrant must read and consent
to these Terms and Conditions. Parents/guardians may be required by the Promoter to
enter into a further agreement as evidence of consent to the minor entering this
promotion.
3.
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.
4.
Promotion commences on 1/08/2013 and ends at 11:59pm AEDST on 30/11/2013
(“Promotional Period”).
5.
To be eligible to enter, individuals must during the Promotional Period, purchase, either a
Equitak Excel or Imax Gold (for horses) from any Equitak Excel or Imax Gold stocking
Rural Store, Produce Store, On-line Store or Saddlery.
6.
To
enter,
individuals
must
then,
during
the
Promotional
Period,
visit
www.farmadvisor.com.au, follow the prompts to the promotion entry page, input the
requested details including the Equitak Excel or Imax Gold product barcode number and
an answer to the question “How Would You Benefit From A Lesson With Shane Rose” in 25
words or less, and submit the fully completed online entry form.
7.
The Promoter reserves the right, at any time, to verify the validity of entries and entrants
(including an entrant’s identity, age and place of residence) and to disqualify any entrant
who submits an entry that is not in accordance with these Terms and Conditions or who
tampers with the entry process. Errors and omissions will 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.
8.
Incomplete or indecipherable entries will be deemed invalid.
9.
Multiple entries permitted, subject to the following: (a) only one (1) entry permitted per
specified purchase requirement; (b) each entry must be substantially unique; and (c) each
entry must be submitted separately and in accordance with entry requirements.
the marketing spot pty ltd integrated marketing solutions
P (02) 9918 5077 f (02) 6685 7917 e [email protected] a 28 pacific vista drive byron bay 2481
10.
Entrants must retain their original Equitak Excel or Imax Gold product barcode(s) for all
entries as proof of purchase. Failure to produce the required barcode/s for all entries when
requested may, in the absolute discretion of the Promoter, result in invalidation of ALL of
an entrant’s entries and forfeiture of any right to a prize.
11.
If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its
sole discretion, to determine the identity of the entrant.
12.
The judging will take place at Bayer Australia Ltd, 875 Pacific Highway, Pymble NSW 2073
from 06/12/2013. The judges may select additional reserve entries which they determine
to be the next best, and record them in order, in case of an invalid entry or ineligible
entrant. The winner will be notified by telephone and mail. This is a game of skill and
chance plays no part in determining the winner. Each entry will be individually judged
based on literary and creative merit of the answer provided to the promotional question,
the relevance of the answer to the promotional question and the extent to which the
entrant would benefit from the prize (in the opinion of the judges, based on the answer
provided).
13.
The Promoter’s decision is final and no correspondence will be entered into.
14.
The best valid entry, as determined by the judges, will win one (1) riding lesson (using the
horse(s) that the winner is able to provide or has access to) from Shane Rose for
themselves and up to eleven (11) of their friends for a maximum of six (6) hours in
duration, depending on the number of participants, valued at up to $2,500 depending on
the winner’s place of residence. The riding lesson will take place at a suitable location
relatively nearby the winner’s place of residence, with the exact location to be determined
by the Promoter in agreement with the winner but in the event that agreement can not be
reached, the Promoter reserves the right to determine the exact location in its absolute
discretion and subject to availability/suitability. For example the riding lesson could take
place at the winner’s place of residence if suitable. If not, the Promoter will organise for a
location relatively nearby the winner’s place of residence for the riding lesson to take
place. The riding lesson must take place on a date, between 02/01/2014 and 31/03/2014,
to be agreed upon between the winner, the Promoter and Shane Rose. In the event an
agreement cannot be reached, the Promoter in its absolute discretion will determine the
date for the riding lesson to take place. The winner will be responsible for any ancillary
costs associated with taking the prize including but not limited to travel to and from the
chosen location, for themselves and their horse(s), for the riding lesson to take place. Any
friends taking the prize with the winner will also be responsible for any costs incurred by
them.
15.
If the winner of the prize is under the age of 18 years, the winner’s parent or guardian
must accompany them during the prize.
16.
If for any reason the winner does not redeem the prize by the time stipulated by the
Promoter, then the prize (or that element of the prize) will be forfeited.
17.
If the prize is unavailable, the Promoter, in its discretion, reserves the right to substitute
the prize with a prize to the equal value and/or specification.
18.
The prize is not transferable or exchangeable and cannot be taken as cash.
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19.
The winner and their friends, where applicable, (and/or the winner’s/friend’s parent/legal
guardian if the winner/friend is under the age of 18 years) acknowledge that horse riding
may be a dangerous activity that may result in injury or death, and participate at their
own risk. The winner and their friends (where applicable) must: (a) attend, undergo and
pass any appropriate training, briefings, required medical tests and other requirements of
the Promoter and prize supplier as determined by them in their absolute discretion; (b)
not have any heart condition or history thereof, or other medical conditions that would
make it dangerous to participate in the prize; (c) not be under the influence of drugs or
alcohol; (d) comply with all directions of the Promoter and prize supplier at all times; and
(e) wear any safety and other equipment required. The Promoter and prize supplier, in
their absolute discretion, at all times reserve the right to: (a) prevent any winner or their
friend from participating in the prize if, at any time, they reasonably believe that the
winner or friend pose a safety risk or for any other reason; and/or (b) cancel the prize if
the conditions are deemed dangerous. If the prize is varied for any reason beyond the
control of the Promoter it may not be rescheduled and no compensation will be offered.
20.
As a condition of entering this promotion, each entrant licences the Promoter to use their
entry in any media for an unlimited period for any reason including but not limited to
future promotional, marketing or publicity purposes. Each entrant warrants to the
Promoter that each entry submitted is an original literary work of the entrant that does not
infringe the rights of any third party. Entrants agree to indemnify the Promoter against all
costs and claims by third parties arising from a breach of this warranty. Entrants consent
to any use of their entry which may otherwise infringe their moral rights pursuant to the
Copyright Act 1968 (Cth).
21.
Entrants consent to the Promoter using their 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.
22.
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) to modify, suspend, terminate or cancel the
promotion, as appropriate.
23.
Any cost associated with accessing the promotional website is the entrant’s responsibility
and is dependent on the Internet service provider used. The use of any automated entry
software or any other mechanical or electronic means that allows an entrant to
automatically enter repeatedly is prohibited and will render all entries submitted by that
entrant invalid.
24.
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 State and Territories of Australia (“NonExcludable 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
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loss or damage (including loss of opportunity); whether direct, indirect, special or
consequential, arising in any way out of the promotion.
25.
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 a winner or
entrant; or (f) use of/participation in the prize.
26.
As a condition of accepting the prize, the winner and their friend(s) (or the
winner’s/friend’s parent or legal guardian in the event the winner/friend is under the age
of 18 years) 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.
27.
The Promoter collects personal information in order to conduct the promotion and may, for
this purpose, disclose such information to third parties, including but not limited to agents,
contractors, service providers and prize suppliers. Entry is conditional on providing this
information. The Promoter may, for an indefinite period, unless otherwise advised, use the
information for promotional, marketing, publicity, research and profiling purposes,
including sending electronic messages or telephoning the entrant. Entrants should direct
any request to access, update or correct information to the Promoter. All entries become
the property of the Promoter.
28.
The Promoter is Bayer Australia Ltd (ABN 22 000 138 714) of 875 Pacific Highway, Pymble
NSW 2073.
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