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“BAYER ROUNDUP ULTRA® MAX Q4 2023 eBDA OFFER” PROMOTION

TERMS AND CONDITIONS

  1. Information on how to claim and the Credit(s) form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.

  2. The promotion is only open to Australian residents aged 18 years or over who are distributors with a Bayer Agency Agreement who sell the Eligible Product (defined below) and have CropCentre access (“Eligible Claimant”).

  3. Claims in the promotion apply to sales made between 01/10/23 and 11:59pm AEDT on 31/12/23 (“Promotional Period”).

  4. To be eligible for a Credit (defined below), Eligible Claimants must sell ten (10) Roundup Ultra MAX 1000L shuttles (“Eligible Product”) during the Promotional Period (“Qualifying Transaction”).

  5. For each Qualifying Transaction, the Eligible Claimant will be eligible to receive a contribution of $400 of credit to their eBDA account (“Credit”) subject to clause 8. For clarity, Eligible Claimants can be eligible for a Credit for each Qualifying Transaction completed during the Promotional Period. For example, one (1) Qualifying Transaction will result in a contribution of $400. Two (2) Qualifying Transactions will result in a contribution of $800, and so on.

  6. While the Promoter will endeavour to ensure sufficient stock levels are available during the Promotional Period, the Promoter takes no responsibility for the stock availability to Eligible Claimants, including, but not limited to, distribution difficulties or delays in access to Eligible Product. The Promoter will not be responsible for any non-sale or missed Qualifying Transaction because stock of Eligible Product was unavailable.

  7. Successful claimants will be notified of how many Credits they earnt during the promotion after the Promotional Period ends. Credit/s will be added to Eligible Claimant’s eBDA account (ebda.bayer.com.au) from 10/01/24.

  8. Credit will be valid for redemption between 10/01/24 and 18/02/24 inclusive (“Redemption Period”) on a selection of rewards on the eBDA platform, at the discretion of Promoter. Any unused or remaining Credit after the Redemption Period will be forfeited. The Promoter takes no responsibility for the availability of rewards on the eBDA platform. The Promoter, in its discretion, reserves the right to substitute a reward on the eBDA platform with another reward for equal value and/or specification.

  9. Credit is not transferable or exchangeable and cannot be taken as cash (including any unused balance).

  10. All of the Promoter's decisions are final and no correspondence will be entered into.

  11. The Promoter reserves the right, at any time, to verify the validity of claims and Eligible Claimants (including an Eligible Claimants identity and place of employment) and reserves the right, in its sole discretion and acting reasonably, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the claim process or engaged in any unlawful or other improper misconduct calculated to jeopardise the 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.

  12. 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, pandemic, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion and acting reasonably, to the fullest extent permitted by law: (a) to disqualify any claimant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.

  13. Any cost associated with accessing the promotional website (https://ebda.bayer.com.au/) is the Eligible Claimant’s responsibility and is dependent on the Internet service provider used.

  14. 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”).

  15. 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 Credit 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 Credit value to that stated in these Terms and Conditions without due notice; (e) any tax liability incurred by an Eligible Claimant; or (f) use of Credit. For the sake of clarity, this clause shall not apply where the Promoter has contributed to or caused such personal injury, loss or damage and shall not apply to any liability which cannot be excluded by law (in each case the Promoter’s liability is limited to the minimum allowable by law).

  16. Claimants’ personal information will be collected by the Promoter. Personal information will be stored on the Promoter's database. The Promoter is bound by the Australian Privacy Principles in accordance with the Privacy Act 1988 (Cth) and its privacy policy which is located at https://www.bayer.com.au/en/privacy_policy_au.php. The Promoter's privacy policy contains information about how the claimant may access, update and seek correction of the personal information the Promoter holds about them and how the claimant may complain about any potential breach by the Promoter of the Australian Privacy Principles or any other Australian privacy laws and how such complaints will be dealt with. The Promoter collects personal information about claimants to enable them to participate in this Promotion and may disclose the claimants’ personal information to third parties including its contractors and agents, suppliers and service providers to assist in conducting this Promotion. The Promoter may transfer claimants’ personal information to countries specified in the Promoter’s privacy policy.

  17. The Promoter is Bayer CropScience Pty Ltd (ABN 87 000 226 022) of 4/109 Burwood Rd Hawthorn Victoria 3123 (“Promoter”).