- Introduction
This “Corvus herbicide: Win a Family Farm Quilt” 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 March 15, 2022 at 10:00 a.m. EST and ends on March 25, 2022 at 4:00 p.m. EST (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 Ontario, New Brunswick, Nova Scotia, PEI, and Newfoundland (“Eligible
Provinces”);
- who have reached the age of majority in their province of residence at the time of entry;
- are recognized by Bayer as Growers 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 such Eligible Participant personally and directly creating a
post using
the hashtag #FarmQuiltContest in a Tweet and tagging @Bayer4CropsCA (an
”Entry” or “Entries”).
Every Entry must be the Eligible Participant's original work and must not, to the Eligible Participant’s
knowledge,
violate any third-party copyrights or moral rights. Entry content must not include:
- reference to any identifiable third parties, unless consent has been obtained from all such individuals and
their
parent/legal guardian if they are under the legal age of majority in their jurisdiction of residence;
- nudity;
- explicit, graphic or excessive sexual activity;
- crude, vulgar or offensive language and/or symbols;
- derogatory characterizations of any ethnic, racial, sexual or religious groups;
- content that endorses, condones or discusses any illegal, inappropriate or risky activity, behavior or
conduct;
- personal information of individuals, including, without limitation, names, and addresses (physical or
electronic);
- commercial messages, comparisons or solicitations for products or services other than those of Sponsor; and
- any other content that is, or could be considered to be, inappropriate, unsuitable or offensive, all as
determined by
the Sponsor in its sole discretion.
There is no limit to the number of Entries per Eligible Participant and eligible farm operations with which an
Eligible
Participant farms provided that each Entry is an unique and different Entry from such Eligible Participant and
further
complies with these Contest Rules. 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 (as defined below). Entries that in
Bayer’s
sole discretionary determination contain false or incomplete information are void. Entries that in Bayer’s sole
discretionary determination are late, lost, stolen, illegible, contain false information, contain content that is,
or
could be considered to be, a violation of privacy or intellectual property rights, inappropriate, unsuitable or
offensive, 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. 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 the Winners (as defined below) is: one (1) custom farm quilt (up to a maximum
retail value
of: $500, inclusive of any shipping costs) (collectively, the “Prize(s)”). There are three (3)
such Prizes to be won
during 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.
If a Prize is created that is of a value less than $500, the Winner shall not be entitled to receive any cash
value difference in the awarded Prize and $500.
- Winner Selection
On March 28, 2022 at 2-679 Southgate Drive, Guelph, Ontario, Bayer, or an employee, agent or other
representative of
Bayer will conduct a random draw from all Eligible Participants to select the potential Prize winners, three
(3) per
Eligible Province, (collectively the “Selected Entrants” and each a “Selected
Entrant”). The Selected Entrants shall be
notified by telephone or text within ten (10) business days of the draw and must respond to the contact person
and
number identified in the notification within two (2) 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 Selected 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 that portion of the Contest relating to the
applicable
Eligible Province and no longer attempt to identify a Selected Entrant and award a 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 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 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 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 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. 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
All intellectual property, including but not limited to trademarks, logos, designs, promotional materials, web
pages,
source codes, images, drawings, illustrations, slogans and representations are owned by Bayer. All rights
reserved.
Unauthorized copying or use of any of Bayer’s intellectual property without the express written consent of
Bayer is
strictly prohibited.
© Bayer CropScience Inc. 2022. All Rights Reserved.