Raxil PRO SHIELD Infrared Thermometer Giveaway Rules

Introduction

This “Raxil PRO SHIELD Infrared Thermometer” Giveaway (the “Giveaway”) is provided 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, Eligible Participants (as defined below) acknowledge compliance with, and agree to be bound by, these Rules. Eligible Participants who do not comply with any of the Rules will not qualify for receipt of a Gift (as defined below), in Bayer’s sole discretion. This Giveaway is not a contest or game of chance. The Rules set out the basis in which Bayer will provide a Gift to certain Eligible Participants on a “first come first served” basis.

Timing of Giveaway

The Giveaway begins on November 15, 2024, and ends on March 31, 2025 (the “Giveaway Period”). Bayer reserves the sole and unfettered right to change the Giveaway Period. Participants are, by these Rules, advised only a limited number of Eligible Participants will receive a Gift. Participating in this Giveaway during the Giveaway Period may not result in an Eligible Participant receiving a Gift if the specified number of Gifts have been distributed to other Eligible Participants prior to the end of the Giveaway Period and before participation by such Eligible Participant.

Eligibility to Participate

This Giveaway is open for participation to individuals who meet all of the following criteria (“Eligible Participants”):

1. are legal residents of British Columbia, Alberta, Saskatchewan and Manitoba (“Eligible Provinces”);
2. who have reached the age of majority in their province of residence at the time of participation;
3. are recognized by Bayer as a Retail customer (as defined below) or an employee of a Retail customer or a Grower (as defined below) or employees of Growers;
4. do not reside in the same household in the normal and customary course of their residency as any other Eligible Participant; and
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 seed and/or agricultural chemistry products directly to Growers in Canada.

A “Grower” is:

1. 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
2. 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
3. a partnership (a “Partnership”) where the Partnership is a demonstrably distinct farming operation in the Eligible Provinces:
   1. 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
   2. distributes all or a portion of revenue, if any, from such crop among Partners.

Employees of a Retail customer or employees of Growers must comply with all legislation and employer policies when participating in and have the approval of their respective employer to participate in, the Giveaway.

Employees of Bayer or of 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 those living in the same household as such employees, are not eligible to participate in the Giveaway.

How to Participate

No purchase of Bayer products is necessary to participate in the Giveaway. Bayer will provide a total of 200 Infrared Thermometers as gifts (“Gifts”) for the Giveaway. The first 100 Eligible Participants who are employees of a Retail Customer and who successfully complete the Quiz (as defined below) and adhere to the Rules will receive a single Gift from Bayer (a “Gift Recipient”). The first 100 Eligible Participants who are Growers or employees of Growers and who successfully complete the Quiz and adhere to the Rules will receive a single Gift from Bayer (also a, “Gift Recipient”). An Eligible Participant who is both an employee of a Retail customer and a Grower or employee of a Grower will only be eligible to receive a Gift as an employee of a Retail customer or a Grower or employee of a Grower, and Bayer shall solely make the decision into which category such Eligible Participant will fall for the purpose of determining if a Gift is available for such Eligible Participant. Following distribution of all Gifts, an Eligible Participants participation in the Giveaway will not result in such Eligible Participants receiving a Gift. Bayer will not, and by these Rules, is under no obligation to communicate to potential Eligible Participants when all Gifts have been distributed by Bayer under the Giveaway.

Eligible Participants participate in the Giveaway by taking the online quiz found at CropSecret.ca (“Quiz”), successfully completing the Quiz (ultimately scoring 100% on the Quiz) and submitting the required contact criteria to Bayer, including their email and phone number.

An Eligible Participant can only receive 1 Gift. Any attempt or suspected attempt to use robotic, automatic, programmed or otherwise illicit means to participate in the Giveaway, 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 participating and/or receiving a Gift. Participation by an Eligible Participant that contains false or incomplete information may disqualify you from participating and/or receiving a Gift. Participation by an Eligible Participant that does not conform with or satisfy all the conditions of the Rules may disqualify you from participating and/or receiving a Gift. No correspondence will be entered into except with Gift Recipients.

Gifts

The Gift of this Giveaway for each Gift Recipient is an infrared thermometer (up to a maximum retail value of approximately $50, inclusive of any shipping costs). Each Gift 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 Gift for another gift of equal or greater value for any reason determined by Bayer.

Gift Recipient Determination Process

Participation by Eligible Participants will be reviewed by Bayer throughout the Giveaway Period. Gift Recipients will be provided a Gift, on a first-come-first-serve basis, while quantities of Gifts last. Gift Recipients shall be notified by the contact details they provide in the Quiz within fifteen (15) business days of Bayer’s determination that they are a Gift Recipient. The Gift Recipient must respond to the contact person and number identified in the notification within five (5) business days of the notification. If a Gift Recipient does not respond to the notification and otherwise comply with all other Rules, the Gift Recipient forfeits the right to receive a Gift and the next applicable Eligible Participant will be determined from the remaining Eligible Participants, in the order of their Giveaway participation. If Bayer is unsuccessful at contacting and identifying an alternative Gift Recipient after 2 such attempts, Bayer reserves the right to not provide that Gift to any Eligible Participant.

Privacy and Submitted Materials

Any personal information received from an Eligible Participant in 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. Participation in the Giveaway 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:

1. administering this Giveaway (which consent cannot be revoked without disqualification from the Giveaway); and
2. 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 Giveaway, 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 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 (i) copy, use, publish, transmit and create derivative materials using and from, any materials submitted by Eligible Participant in association with the Giveaway including information provided for the Quiz, and (ii) publicize the Gift Recipient’s receipt of a Gift and use an image of the Gift Recipient, both (i) and (ii) for any uses contemplated by the Rules including associated promotional and marketing purposes.

Limit of Liability

An Eligible Participant, by participating in 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 Eligible Participant or any other individual or entity arising out of: incorrect or inaccurate transcription of participation information; incomplete, illegible, irregular, inaccurate, misdirected, falsified, altered, tampered with, lost or delayed participation in the Giveaway, or participation 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 participation process or the Giveaway; electronic or human error which may occur in the administration of the Giveaway; and any decisions made by Bayer in administering this Giveaway in accordance with these Rules, including without limitation, respecting disqualifications and eligibility determinations.

Disputes

An Eligible Participant, by participating in 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 participating in 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.

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 Eligible Participants 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 to amend or modify these Giveaway Rules, or modify, cancel or suspend this Giveaway, 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 Giveaway.

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.

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.