Promotional Terms and Conditions

    Participation

  1. Information on how to enter this “2020 Bayer Big Fish Challenge” promotion (Promotion) and the prizes form part of these terms and conditions. Participation in this Promotion is deemed acceptance of these and any other applicable terms and conditions (together the Terms and Conditions). Any entry not complying with the Terms and Conditions is invalid.

  2. The promoter is Bayer CropScience Pty Limited (ABN 87 000 226 022) of Level 1, 8 Redfern Road, Hawthorn East VIC 3123, (“Promoter”).

  3. Entry is only open to Australian residents aged over the age of 18 years who either (i) are engaged by Australian retailers that have an agency agreement with the Promoter (“Bayer Agents”); (ii) own or work in a farming/crop growing business (“Grower”); or (ii) identify themselves as directly or indirectly being associated with farming and/or Agribusiness in support of the Promoter (“Associates”). The Promoter reserves the right, in its absolute discretion, to determine if an individual can be classed as an Associate under these Terms and Conditions. Bayer Agents, Growers and Associates are collectively referred to as “Entrants”.

  4. Promotion commences on 01/01/2020 and ends at 11:59pm AEDST on 28/12/2020 (“Promotional Period”).

  5. To enter, Entrants must form a team, consisting of a minimum of one (1) and maximum of six (6) individuals (“Team”), and register that Team for participation in the Promotion. Entrants must register and/or join a Team via the AgSpirit App (“App”), available for download on the Apple App Store or Google Play, or on www.agspirit.com.au.

  6. For the avoidance of doubt, Apple Inc and Google LLC are not participants in, nor sponsors of, this Promotion.

  7. Each registered Team must have one individual in the role as team captain (“Team Captain”).

  8. To participate, Teams must then, during the Promotional Period, fish for selected categories of species as specified below. Entrants in each Team must have valid fishing licences in their relevant State/Territory and must only fish to the limits applicable in that State/Territory and as otherwise imposed by their licence. Teams must abide by any rules/regulations imposed by the relevant fisheries authority in their State/Territory. Categories of species that are eligible to be caught for the purposes of the competition (“Categories”) are as follows:

    1. Barramundi
    2. Bass and Estuary Perch
    3. Bream
    4. Carp
    5. Catfish
    6. Crustacean(Cray/Crab/Lobster – carapace)
    7. Dhufish
    8. Flathead
    9. Mulloway
    10. Murray Cod
    11. Pelagic
    12. Redfin
    13. Reef
    14. Salmon (Australian)
    15. Salmon (Threadfin)
    16. Snapper
    17. Squid (Hood)
    18. Tailor
    19. Trout
    20. Whiting
    21. Yellowbelly
    22. Other Fish

  9. Information on the catch by an Entrant in a Team must be uploaded to www.agspirit.com.au or the App during the Promotional Period. Information to be uploaded includes the caught species Category and the size of the fish in cm from tip of the snout to the tip of the tail rounded down to the nearest cm OR the entire length of the hood for Squid OR carapace length measured from the rear of the eye socket to the rear of the carapace on a line parallel to the center line of the body shell for Lobster or Crayfish OR measured along the body from the base of the orbital notch (eye socket) to the centre of the posterior margin of the carapace for Crab, and the Entrant who made the catch. The Team must also upload an image of the catch against a measuring device that clearly identifies its length in cm’s. Images must be taken square on. Each catch may only be entered once. Catch and release is encouraged by the Promoter but is not mandatory. If caught caught during a closed season for that Category, or if the catch does not abide by applicable fisheries rules for any other reason the catch cannot be entered and will not be considered for the purposes of the Promotion. The Promoter reserves the right, in its sole discretion, to recategorize the catch or disqualify the catch.

  10. The Promoter reserves the right, at any time, to verify the validity of information uploaded by a Team and reserves the right, in its sole discretion, to disqualify any Team who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the Promotion 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.

  11. There will be four prize components to this Promotion as follows: (a) a Category winner component; (b) a State winner component; (c) a major prize draw component; and (d) an instant win prize component.
  12. Instant Win Prizes

  13. At the time of submitting an entry in accordance with clause 8 above, Teams will be notified immediately onscreen or via an in-app notification (depending on method of entry used) if they have won an ‘instant win’ prize. There are fifty (50) instant prizes available to be won during the Promotional Period as follows: 10 x Yeti Australia ‘Colsters’ valued at $50 each, 10 x $50 BCF vouchers, 15 x Branded BBFC caps valued at $35 each and 15 x Branded BBFC beanies valued at $35 each.

  14. Total value of all instant win prizes is $2,050. Instant win prizes will be awarded to the Entrant that made the catch uploaded by the Team.
  15. Major Prize Draw

  16. All entries submitted in accordance with clause 8 and received during the Promotional Period will be entered into the major prize draw. Entries will be assigned to each Entrant associated with each catch. The draw will take place at Tactics Marketing, Unit 6, 106 Old Pittwater Road, Brookvale NSW 2100 at 10am AEDST on 30/12/2020. Winners will be notified within two (2) business days of the draw and their names will be published on www.crop.bayer.com.au from 31/12/2020.

  17. The first valid entry drawn will win a Hobie Fishing Package valued at $4,999. Package will consist of a 14ft Pro Angler Fishing Kayak with accessories determined by the Promoter.

  18. The next valid entry drawn will win a Mavic Pro Platinum Fly More Combo Drone valued at $1,899.

  19. The next valid entry drawn will win a Yeti Cooler valued at $1,000.

  20. The total prize pool of the major prize draw component is $7,898. Prizes will be awarded to the Entrant that made the catch associated with the drawn entry.

  21. If any major prize or instant prize is won, but remains unclaimed, an unclaimed prize draw will take place at the same time and place as the original major prize draw on 30/03/2021, subject to any directions from a regulatory authority. Winners, if any, will be notified within two (2) business days of the draw and their names will be published on www.crop.bayer.com.au from 31/03/2021.
  22. Category and State winners

  23. There will be one (1) winner per Category. At the end of the Promotional Period, the Promoter will review all information uploaded by Teams and the Entrant that has made the largest catch, in each Category will each be awarded a trophy valued at $75 and a $250 BCF voucher. There are twenty two (22) prizes in total to be awarded (1 per Category).

  24. In the event of a tie between two (2) or more Entrants for a prize, the size of the second largest catch in each Category will also be taken into account. This process will continue for each further size until a winner is determined.

  25. The total prize pool for Category winners is valued at $7,150.

  26. At the end of the Promotional, the Promoter will review the results of each Team and make a donation to The Fly Program on each Team’s behalf. The Promoter will donate AUD$1 per cm based on the combined total cm of the largest catch in each Category caught by each Team as at the end of the Promotional Period. The Promoter may, in its absolute discretion, offer double donation incentives throughout the Promotional Period, that increase the donation to AUD$2 per cm. The Promoter will donate a maximum of $30,000 overall to The Fly Program as a result of this activity, unless advised otherwise by the Promoter.

  27. In addition to the above, Teams will be divided into State/Territory groups as follows: NSW/ACT, WA, SA, QLD/NT and VIC/TAS (“State Groups”). There will be one (1) overall winner determination for each State Group (“State Winner Determination”). The Team in each Group that has the highest donation in accordance with clause 20 above, will be the winner of the State Winner Determination for that Group (“State Winner”). There will be five (5) State Winners in total for the Promotion.

  28. In the event of a tie between two (2) or more Teams in a Group for State Winner, the Team that has made the largest valid catch overall across all Categories will be the winner of the State Winner Determination for that Group. This process will continue for each further size until a State Winner is determined.

  29. Each State Winner will receive a 3-day fishing experience to be held at a location to be determined by the Promoter in 2021, valued at up to $3,000 depending on date and point of departure including:

    • Two (2) return economy airfares from the State Winner’s nearest Australian capital city to the prize location (if required);
    • Return airport transfers between the destination airport and accommodation;
    • Three (3) nights accommodation (twin share); and
    • The opportunity to participate in a fish-off event for the honour or being the “Rural Angler of the Year”.

    The following conditions apply to the State prizes: each prize will be awarded to the Team Captain who may elect to either share the prize with one other member of the Team or award the prize to two (2) members of the Team in their absolute discretion. If the winning Team is comprised of or includes Bayer Agents and the Bayer Agents will be awarded the prize, then the Bayer Agents of that winning Team require permission from their respective Head Offices before accepting and participating in the prize, and if permission is not given then the prize will be awarded to the next best state Team. If the winning Team is comprised solely of Associates or includes Associates and the Associates are to be offered the prize by the Team Captain, the Promoter reserves the right to verify the Associates in accordance with clause 5 before the prize is awarded, and if the Promoter determines that the Associates are not eligible, the prize will be awarded initially to other team members or alternatively to the next best state Team. Each prize can only be taken by a maximum of two (2) Team members. Dates and location will be determined by the Promoter and advised to the participating State Winners in February 2021. Spending money, meals, insurance, transport to and from departure point, items of a personal nature, in-room charges and all other ancillary costs are not included. The participating State Winners must depart from and return to the same departure point and travel together. Itinerary to be determined by the Promoter in their absolute discretion. Frequent flyer points will not form part of the prize. The prize is subject to the standard terms and conditions of individual prize and service providers. The participating State Winners may be required to present their credit card at time of accommodation check in. Travel Insurance is not included, however it is strongly recommended that the participating State Winners acquire adequate travel insurance.

  30. The winner and runner up of the “Rural Angler of the Year” fish-off event will each win a pair of Mako sunglasses valued at $300. Prizes to be awarded at the event. The overall winner will also receive a perpetual trophy.

  31. The total prize pool for State winners is valued at up to $15,600.

  32. The Category winner and State winner components of this Promotion are each a game of skill and chance pays no part in the determination of any winners in those components. The Promoter’s decision regarding any aspect of the Promotion is final and no correspondence will be entered into.
  33. General

  34. Any ancillary costs associated with redeeming any voucher are not included. Any unused balance of any voucher will not be awarded as cash. Redemption of any voucher is subject to any terms and conditions of the issuer including those specified on the voucher.

  35. If for any reason a winner does not take a prize (or an element of a prize) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.

  36. If any prize is unavailable (or any part of a prize), the Promoter, in its discretion, reserves the right to substitute the prize (or part of the prize) with a prize to the equal value and/or specification, subject to the directions of a regulatory authority, where applicable.

  37. Total prize pool value is up to $32,698. 

  38. Prizes are not transferable or exchangeable and cannot be taken as or redeemed for cash.

  39. As a condition of accepting a prize, including participation in the “Rural Angler of the Year” event, the winning Team members consent to the Promoter using their names, likenesses, images and/or voices (including photograph, film and/or recording of the same) in any media (including by public announcement, by print or electronic media and/or on its website) 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.

  40. 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 Team or Entrant; or (b) to modify, suspend, terminate or cancel the Promotion, as appropriate, subject to any directions from a regulatory authority.

  41. Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees and agents) excludes all liability for any personal injury, any loss or damage (including but not limited to loss of opportunity and loss of profits) whether direct, indirect, special or consequential, arising in any way out of the Promotion, including, but not limited to, where such liability may arise out of the following:

    1. any technical difficulties or equipment malfunction (whether or not under the Promoter’s control);
    2. any theft, unauthorised access or third party interference;
    3. any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after its receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter;
    4. any variation in prize value to that stated in these Terms and Conditions;
    5. any tax liability incurred by a prize-winner or Entrant; or
    6. taking or use of a prize.

  42. As a condition of entering this promotion, each Entrant licenses and grants the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display any images submitted by their Team for entry, for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media (including, without limitation, the Promoter’s website, Facebook page and Instagram page), without compensation, restriction on use, attribution or liability. Entrants consent to any use of images that may otherwise infringe their moral rights pursuant to the Copyright Act 1968 (Cth).

  43. The Promoter collects personal information about Entrants in order to conduct the Promotion and may, for this purpose, disclose such information to third parties, including but not limited to its agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this information. The Promoter will use and handle personal information as set out in its privacy policy, which can be accessed by visiting crop.bayer.com.au. In addition to any use that may be outlined in the Promoter’s privacy policy, the Promoter may, where consented to by the Entrant 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. As the Promoter is a global organization, personal information may be stored overseas. Entrants should direct any request to access, update or correct any personal information to the Promoter and direct any complaints regarding treatment of their personal information in accordance with the Privacy Policy. All entries become the property of the Promoter.
  44. NSW Permit No. LTPS/19/39435, ACT Permit No. TP19/04512 and SA Permit No. T19/1830.