1. Eligibility: The campaign is only open to legal residents of New Zealand. Employees of AGCO Australia Limited., its affiliates, subsidiaries, advertising and promotion agencies, and suppliers (“Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in the Campaign. The Campaign is subject to all applicable federal, provincial and local laws and regulations.
2. Agreement to Rules: By participating, the Contestant (“You”) agree to be fully unconditionally bound by these Rules, and You represent and warrant that you meet the eligibility requirements. In addition, you agree to accept the decisions of as final and binding as it relates to the content of this Campaign.
3. Campaign Period: Entries will be accepted via posting to https://www.facebook.com/FendtGlobal/starting on Wednesday 27th March at 8am, and ending Friday 29th March, 5PM.
4. How to Enter: The Campaign must be entered by posting a photo to https://www.facebook.com/FendtGlobal/ depicting yourself or friend in front of the Fendt 1043 Vario display at the Fendt site, South Island Agricultural Field Days2019 with #FendtNZ. You agree Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Employees of AGCO Australia Limited. Winners will be chosen at the sole discretion of Employees of AGCO Australia Limited. Acceptance of prize constituted permission for AGCO Australia Limited to use Winner’s name, likeness and entry for purposes of advertising and trade without further compensation, unless prohibited by law. Winners will be notified by facebook. Failure of winners to respond to notification will forfeit prize. Winners must provide, full name and postal address to receive prize. You must provide the information requested. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules. If you use fraudulent methods or otherwise attempt to circumvent the rules, your
5. Prizes: The specifics of the prize shall be solely determined by AGCO Australia Limited’s discretion. The prize is non-transferrable. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by the Winner is permitted. Acceptance of prize constituted permission for AGCO Australia Limited to use Winner’s name, likeness and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
6. Winner Selection and Notification: Winner(s) will be selected by the sole discretion of the competition sponsor, AGCO Australia Limited, from all entries received and verified by sponsor. Winner(s) or DM via Facebook messenger. AGCO Australia Limited shall have no liability for Winner’s failure to receive notices due to spam, junk email or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner(s) cannot be contacted, is ineligible, fails to claim the prize within 3 days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner(s) selected. Receipt by Winner(s) of the prize offered in this Campaign is conditioned upon compliance with any and all federal, state and local laws and regulations. ANY VIOLATION OF THESE RULES BY WINNER (AT AGCO Australia Limited SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CAMPAIGN, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
7. Rights Granted by You: By entering this content (e.g. photo, video, text, etc.), You understand and agree that AGCO Australia Limited., anyone acting on behalf of AGCO Australia Limited., and AGCO Australia Limited. licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Campaign, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes, without any further compensation, notice, review, or consent. By entering this content, you represent and warrant that your entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property rights of another, you will be disqualified at the sole discretion of AGCO Australia Limited. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual property rights of any third party, you shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless AGCO Australia Limited from and against any suit, proceeding, claims, liability, loss, damage, costs or expense which AGCO Australia Limited may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
8. Terms & Conditions: AGCO Australia Limited reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Campaign at any stage during the Campaign period. In such case, AGCO Australia Limited may select the Winner from all eligible entries received prior to and/or after the action taken by AGCO Australia Limited. AGCO Australia Limited reserves the right, in its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process of the operation of the Campaign or website or violates these Terms & Conditions. AGCO Australia Limited has the right, in its sole discretion, to maintain the integrity of the Campaign, to void entries for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Campaign rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Campaign may be a violation of criminal and civil laws. Should such attempt be made, AGCO Australia Limited reserves the right to seek damages to the fullest extent permitted by law.
9. Limitation of Liability: By entering, You agree to release and hold harmless, AGCO Australia Limited and its subsidiaries, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such entrant’s participation in the Campaign and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability of any transmissions, telephone, or internet service; (iv) unauthorised human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion of processing of entries.
10. Disputes: THIS Campaign IS GOVERNED BY THE LAWS OF AUSTRALIA AND VICTORIA WITHOUT RESPECT TO CONFLICT LAW DOCTRINES. As a condition of participating in this Campaign, participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Campaign, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Victoria, Australia having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Campaign). Participant further waives all rights to have damages multiplied or increased.
12. Sponsor: The Sponsor of the Campaign is AGCO Australia Limited, 615 Somerville Road, Sunshine West, VIC, 3020, Australia.
13. Facebook: The Campaign and competition is sponsored by AGCO Australia Limited is in no way sponsored, endorsed, administered by, or associated with Facebook.