- Introduction
This “Incredible Bayer Offer direct mail Pelican cooler” contest (the “Contest”) is sponsored by Bayer CropScience Inc. (“Bayer”). This document constitutes the official rules of the Contest (the “Rules”) and the Rules exclusively govern all aspects of the Contest. By participating in this Contest, entrants acknowledge compliance with, and agree to be bound by, these Rules. Entrants who do not comply with any of the Rules are subject to disqualification by Bayer, in Bayer’s sole discretion.
- Timing of Contest
The Contest begins on February 1, 2022 at 8:00 am MST and ends on March 31st, 2022 at 5:00 pm MST (the “Contest Period”). Bayer reserves the sole and unfettered right to change the Contest Period. Participants are, by these Rules, advised any such change(s) could materially affect the chances of winning.
- Eligibility to Enter
This Contest is open to individuals who meet all of the following criteria (“Eligible Participants”):
- are legal residents of British Columbia, Alberta, Saskatchewan, Manitoba, and Ontario (“Eligible Provinces”);
- who have reached the age of majority in their province of residence at the time of entry;
- are recognized by Bayer as a Grower or employees of Growers (as defined below);
- do not reside in the same household in the normal and customary course of their residency as any other Eligible Participant; and
- meet all other requirements set out in the Rules.
A “Grower” is:
- an individual actively engaged in producing a crop on land in the Eligible Provinces owned by or leased to such individual for that purpose; or
- a corporation actively engaged in producing a crop on land in the Eligible Provinces owned by or leased to such corporation for that purpose; or
- a partnership (a “Partnership”) where the Partnership is a demonstrably distinct farming operation in the Eligible Provinces:
- comprised of only those members of the Partnership (“Partners”) engaged in producing a crop on land, or with assets or equipment, that is owned by the Partnership or contributed by the Partners; and
- distributes all or a portion of revenue, if any, from such crop among Partners.
Employees of Bayer or of its parent, related and affiliated companies, subsidiaries, departments or agencies, suppliers, advertising and promotional agencies, contest administrators, and any other parties engaged in the development, production or distribution of Contest materials, and those living in the same household as such employees, are not eligible to enter the Contest.
- How to Enter
No purchase of Bayer products is necessary to enter the Contest. A purchase of Bayer products will not increase an Eligible Participant’s chance of winning. Chances of winning cannot be determined by Bayer prior to the end of the Contest Period and will be dependent on the number of Eligible Participants participating in the Contest.
Eligible Participants may enter the Contest by completing all required fields in the online entry form accessed through: https://experience.bayer.com/jfe/form/SV_bNsSpu3mu7DblgG
Each Eligible Participant can enter the Contest only once and any violation or attempted violation of this condition shall result in disqualification. Any attempt or suspected attempt to use robotic, automatic, programmed or otherwise illicit means to enter the Contest, or any other methods not authorized by these Rules, for example, but not limited to, creating multiple accounts, identities, or registrations, all in Bayer’s sole discretion, shall be deemed as tampering and may disqualify you from entering, participating and/or winning a prize. Entries that contain false or incomplete information are void. Entries that are late, lost, stolen, illegible, contain false information, are damaged, misdirected, mutilated, garbled or incomplete, altered or otherwise irregular or that do not conform with or satisfy any or all of the conditions of the Rules are void. Entrants grant Bayer a non-exclusive licence to use all entries for any purpose. No correspondence will be entered into except with Selected Entrants (as defined below). Proof of transmission (for example, screenshots or captures) does not constitute proof of entry or receipt of an Entry. Any violation or attempted violation of any applicable laws, regulations, guidelines and/or industry standards shall result in immediate disqualification from the Contest.
- Prizes
The prize of this Contest for each Winner (as defined below) is: a Cirray™ branded Pelican™ Elite Cooler (up to a maximum retail value of: $325, inclusive of any shipping costs) (the “Prize”). There are three (3) such Prizes to be won during this Contest by different Winners. Pelican Products, Inc. is not a participant in or sponsor of this Contest.
Each Prize must be accepted as awarded and cannot be substituted, sold, transferred, assigned or redeemed for cash. Notwithstanding the preceding sentence, Bayer reserves the right to substitute a Prize for another prize of equal or greater value if for any reason a Prize becomes unavailable.
- Winner Selection
On April 1, 2022 at 130, 160 Quarry Park Blvd. SE, Calgary, Albert, an employee, agent or other representative of Bayer will conduct a random draw from all Eligible Participants to select the three (3) potential prize winners, (collectively the “Selected Entrants” and each a “Selected Entrant”). The Selected Entrants shall be notified by telephone or text within (10) business days of the draw and must respond to the contact person and number identified in the notification within five (5) business days of the notification. If a Selected Entrant does not respond to the notification and otherwise comply with all other Rules, the Selected Entrant will not be declared a winner nor receive a prize and another entrant will be selected by way of a random draw from the remaining Eligible Participants. If Bayer is unsuccessful at contacting and identifying an alternative Selected Entrant after three (3) such attempts, Bayer reserves the right to close the Contest and no longer attempt to identify a Selected Entrant and the prize.
- Winners’ Agreements
Before Selected Entrants can be declared winners and receive prizes (collectively the “Winners” or each a “Winner”), Selected Entrants must:
- sign a declaration of eligibility and liability/publicity release form (the “Agreement”) with Bayer that:
- confirms the Selected Entrant’s compliance with and acceptance of the Rules;
- agree to accept prizes as awarded;
- releases, discharges, and holds harmless Bayer, the Retail Sponsor and their respective parent, related and affiliated companies, subsidiaries, departments or agencies, suppliers, advertising and promotional agencies, contest administrators, and any other parties engaged in the development, production or distribution of Contest materials and their respective directors, officers, employees and agents from and against any and all liability for any loss, harm, damages, costs or expenses to the Selected Entrant or any other individual or entity arising out of participation in the Contest, including without limitation, any use or misuse of any prize, any costs and expenses associated with any prize, any losses or damages related to personal injuries, death or loss of destruction of property associated with any prize, any rights of publicity or privacy and any defamation or portrayal in a false light;
- granting and consenting, without any further compensation, to the use by Bayer and its agents of the Selected Entrant’s name, address, email address, postal code, telephone number, social media handle(s), likeness, photograph, place of residence, voice and expressions for Contest administration and for advertising and promotional purposes anywhere in the world and in any medium, as and in relation to being a Contest Winner; and
- correctly answer, without mechanical aid or assistance, a mathematical skill-testing question to be administered by mail, electronic communication and/or telephone by a Bayer representative.
Each Selected Entrant must sign the Agreement within ten (10) business days of the notification date in section 6 of these Rules. Bayer will contact the Winner respecting the details of receiving the Prize. If the Selected Entrant does not sign the Agreement as stipulated in these Rules, that Prize will be irrevocably forfeited, and the Selected Entrant disqualified from the Contest.
- Privacy and Submitted Materials
Any personal information received from a participant submitting any entry for this Contest shall be treated by Bayer in accordance with applicable privacy legislation and Bayer privacy policies. Entry of a participant in the Contest constitutes the consent of such participant to the collection, use and disclosure by Bayer of any personal information provided by such participant for the purposes of:
- administering this Contest (which consent cannot be revoked without disqualification from the Contest); and
- identifying and better understanding a participant’s needs and preferences in order to develop and offer that participant information, products and/or services by Bayer, its agents or other commercial connections (which consent can be revoked by the participant separately contacting Bayer and advising it of such revocation).
By participating in the Contest, participants expressly consent to Bayer and its agents communicating with the participants by electronic messages sent in accordance with applicable legislation for commercial activities associated with this Contest or referenced in these Rules.
By participating in the Contest, each participant grants Bayer an irrevocable, perpetual, transferable, worldwide, fee and royalty free license to copy, use, publish, transmit and create derivative materials using and from, any materials submitted by participant in association with the Contest including Entries for any uses contemplated by the Rules including associated promotional and marketing purposes.
- Limit of Liability
A participant, by submitting any entry for this Contest agrees to and does release (to the extent permitted by law) Bayer and its parent, related and affiliated companies, subsidiaries, departments or agencies, suppliers, advertising and promotional agencies, contest administrators, and any other parties engaged in the development, production or distribution of Contest materials and their respective directors, officers, employees and agents from and against any and all liability for any loss, harm, damages, costs or expenses to such participant or any other individual or entity arising out of: incorrect or inaccurate transcription of entry information; incomplete, illegible, irregular, inaccurate, misdirected, falsified, altered, tampered with, lost or delayed entries, or entries received through impermissible or illegitimate channels (all of which will be disqualified); technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer, network, hardware or software; unauthorized human intervention in any part of the entry process or the Contest; electronic or human error which may occur in the administration of the Contest or the processing of entries; and any decisions made by Bayer in administering this Contest in accordance with these Rules, including without limitation, respecting disqualifications and eligibility determinations.
- Disputes
A participant, by submitting any entry for this Contest (whether such participant is an Eligible Participant or is disqualified) agrees that: any and all disputes, claims, and causes of action arising out of or connected with this Contest shall be resolved individually, without resort to any form of class action; any and all claims, judgments and awards shall be limited to direct out-of-pocket costs incurred, including costs associated with entering this Contest but in no event lawyers' fees; and all rights to claim punitive, incidental and consequential damages, multiple damages and any other damages, other than direct out-of-pocket expenses, are hereby irrevocably waived. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO ALL SUCH PARTICIPANTS.
- Governing Law
The Contest is void where prohibited by law and is subject to all applicable Canadian federal, provincial, territorial, municipal and local laws. Other than as provided for in this section 11, this Contest shall be governed exclusively by the laws of the Alberta, including all issues and questions concerning the construction, validity, interpretation and enforceability of these Contest Rules, rights and obligations between entrants and Bayer, and procedural provisions, without giving effect to any choice of law or conflict of law rules. Any dispute shall be adjudicated by the courts sitting in Alberta.
- Rule Amendments
Bayer reserves the right, in its sole discretion, to amend or modify these Contest Rules, or modify, cancel or suspend this Contest, without prior notice for any reason whatsoever, including without limitation in the event that any cause beyond the reasonable control of Bayer corrupts, or threatens to corrupt, the security or proper administration of the Contest.
- List of Winners and Rules
A list of Winners and a copy of these Rules can be obtained by contacting Bayer at 130, 160 Quarry Park Boulevard SE, Calgary, T2C 3G3 and providing Bayer with a self addressed stamped envelope for provision of such information and materials.
- Intellectual Property