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April 10, 2024

“Delaro Complete Western Canada Retail Social Giveaway” Official Rules

  1. Introduction

    This “Delaro® Complete Western Canada Retail Social Giveaway” (the “Giveaway”) is sponsored by Bayer CropScience Inc. (“Bayer”). This document constitutes the official rules of the Giveaway (the “Rules”) and the Rules exclusively govern all aspects of the Giveaway. By participating in this Giveaway, 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. This Giveaway is not a contest or a game of chance.

  2. Timing of Giveaway

    The Giveaway period begins on April 29, 2024 and ends on July 12, 2024 (the “Giveaway Period”). Bayer reserves the sole and unfettered right to change the Giveaway Period.

  3. Eligibility to Enter

    This Giveaway is open to Retail Customers (as defined below) with accounts on X (formerly known as Twitter) representing physical agricultural retail locations who meet all of the following criteria (“Eligible Participants”):

    1. Legally licensed to operate in the provinces of British Columbia, Alberta, Saskatchewan, Manitoba;
    2. Who have a Bayer retail account number;
    3. Are recognized by Bayer as a Retail Customer as defined below;
    4. Have ensured that at least one Retail Customer employee has watched the retail training module video for Delaro Complete;
    5. meet all other requirements set out in the Rules.

    A “Retail Customer” is the legal entity that has been authorized by Bayer to sell Bayer branded agricultural chemistry products directly to growers in Canada.

    Employees of a Retail Customer must comply with all legislation and employer policies when conducting activities that will enable entry of the Retail Customer into the Giveaway.

    Each account on X, where that account corresponds to a Retail Customer’s unique physical storefront, is considered a separate Eligible Participant for the purposes of this Giveaway.

  4. How to Enter

    Eligible Participants may enter the Giveaway by: Making a post referencing the launch of Delaro® Complete fungicide in Western Canada to the eligible Retail Customer’s authorized X account, and including one of the following hashtags #NEWDelaroComplete and/or #DelaroCompletePulses within the timeline of the Giveaway and subject to all other requirements. There shall be only 1 entry per Retail Customer, regardless of the number of posts made.

  5. Prizes

    Only the first 50 entries into the Giveaway from Eligible Participants will receive a Giveaway Item (as defined below). Each Eligible Participant may receive a maximum of one Giveaway Item. The “Giveaway Item” is a Delaro® Complete fungicide branded Igloo® Trailmate® 25qt cooler (up to a maximum retail value of $250 CAD inclusive of any shipping costs). Igloo is not a participant in or sponsor of this Giveaway.

    Each Giveaway Item must be accepted as provided and cannot be substituted, sold, transferred, assigned, or redeemed for cash. Notwithstanding the preceding sentence, Bayer reserves the right to substitute a Giveaway Item for another item of equal or greater value if for any reason a Giveaway Item becomes unavailable.

  6. Giveaway Fulfilment

    Beginning as early as June 1, 2024, an employee, agent or other representative of Bayer will begin fulfilment of the Giveaway Item to applicable Eligible Participants. The Eligible Participants shall be notified by Direct Message within X to confirm eligibility criteria and must respond to the contact person and number identified in the notification within ten (10) business days of the notification. If an Eligible Participant does not respond to the notification and otherwise comply with all other eligibility requirements, the Eligible Participant will not receive the Giveaway Item.

  7. Privacy and Submitted Materials

    Any personal information received from an Eligible Participant submitting any entry for this Giveaway shall be treated by Bayer in accordance with applicable privacy legislation and Bayer’s Privacy Policy that is currently located at https://www.bayer.com/en/privacy-statement. Entry of an Eligible Participant in the Giveaway constitutes the consent of such Eligible Participant (and all representatives of the Eligible Participant whose personal information may be disclosed by the Eligible Participant) to the collection, use and disclosure by Bayer of any personal information provided by such Eligible Participant for the purposes of:

    1. administering this Giveaway (which consent cannot be revoked without disqualification from the Giveaway); and
    2. identifying and better understanding an Eligible Participant’s needs and preferences in order to develop and offer that Eligible Participant information, products and/or services by Bayer, its agents or other commercial connections (which consent can be revoked by the Eligible Participant separately contacting Bayer and advising it of such revocation).

    By participating in the Giveaway, Eligible Participants (and all representatives of the Eligible Participant whose personal information may be disclosed by the Eligible Participant) expressly consent to Bayer and its agents communicating with the Eligible Participants and their representatives by electronic messages sent in accordance with applicable legislation for commercial activities associated with this Giveaway or referenced in these Rules.

    By participating in the Giveaway, each Eligible 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 Eligible Participant in association with the Giveaway including entries for any uses contemplated by the Rules including associated promotional and marketing purposes.

  8. Limit of Liability

    An Eligible Participant, by submitting any entry for this Giveaway 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, Giveaway administrators, and any other parties engaged in the development, production or distribution of Giveaway 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 Giveaway; electronic or human error which may occur in the administration of the Giveaway or the processing of entries; and any decisions made by Bayer in administering this Giveaway in accordance with these Rules, including without limitation, respecting disqualifications and eligibility determinations.

  9. Disputes

    A participant, by submitting any entry for this Giveaway (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 Giveaway 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 Giveaway 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.

  10. Governing Law

    The Giveaway is void where prohibited by law and is subject to all applicable Canadian federal, provincial, territorial, municipal and local laws. This Giveaway shall be governed exclusively by the laws of the Alberta, including all issues and questions concerning the construction, validity, interpretation and enforceability of these Giveaway 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.

  11. List of Rules

    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.

  12. 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. Igloo is the trademark of Igloo Products Corp. or its licensor.