2022 ASGROW® NATIONAL YIELD PROMOTION OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE THE ODDS OF WINNING.
1. Company. 2022 ASGROW® National Yield Promotion (the “Promotion”) is offered and administered by Bayer Crop Science LP, a member of the Bayer Group, 800 N. Lindbergh Blvd., St. Louis, MO 63167 (“Company”).
2. Nature and Scope of Promotion. This Promotion is designed to reward farmers who achieve the highest yields in 2022 using ASGROW® brand soybean seed.
3. Terms and Conditions. By participating in the Promotion, you (“you” or “entrant”) fully and unconditionally accept and agree to be bound by these 2022 ASGROW National Yield Promotion Official Rules (“Official Rules”) and you represent and warrant that you meet the eligibility requirements set forth herein. In addition, you agree to accept the decisions of Company as final and binding as it relates to the Promotion. You agree that Company shall retain full authority, in its sole discretion, to interpret and administer these Official Rules, and you agree to be bound by all decisions and interpretations made in good faith by Company, or its designee.
4. Eligibility. The Promotion is open to any individual that meets all of the following eligibility requirements: (a) legal resident of the U.S. (outside Arizona); (b) at least 18 years of age; (c) a farmer whose primary source of income is from commercial farming operations in the U.S. during the Promotion Period; and (d) plants at least forty (40) continuous acres of Asgrow® soybeans during the 2022 growing season. Employees, officers and directors, their immediate family members (spouse, siblings, children and parents, regardless of where they live) or members of the same households (whether related or not) of Company, its affiliates, subsidiaries, advertising and promotion agencies and those associated with the development, distribution or implementation of this Promotion are not eligible to participate. Asgrow dealers are also not eligible to participate or win prizes. RESIDENTS OF THE STATE OF ARIZONA ARE NOT ELIGIBLE TO PARTICIPATE. VOID WHERE PROHIBITED OR RESTRICTED BY LAW, RULE, REGULATION OR ORDINANCE.
5. Promotion Period. This Promotion will begin on June 1, 2022, at noon Central Daylight Time and will end on December 10, 2022, at noon Central Standard Time (“Promotion Period”).
6. Entry. During the Promotion Period, an eligible person can enter by completing and submitting the yield Promotion entry form (“Promotion Form”), available from Asgrow dealers and sales representatives, and returning it to his or her Asgrow field sales representative (“FSR”) or such other person identified on the Promotion Form, located at www.asgrow.com/FSRYield. All Promotion Forms must be submitted to the applicable local Asgrow FSR by noon Central Standard Time on December 10, 2022.
7. Obtaining Yield Measurements. To obtain an accurate yield measurement for this Promotion, you must contact your Asgrow dealer or sales representative when harvesting your Asgrow soybean crop(s). The Asgrow dealer or sales representative will come to your farm to directly supervise the measurement, harvesting and weighing of at least ten (10) continuous acres of Asgrow soybeans. Approved measuring methods include: weigh wagon, approved grain cart with scale, and certified weigh scale at farm or elevator. The yield calculated with the dealer or sales representative will be used as your yield submission for this Promotion. Entrants may select any ten (10) continuous acres for submission into the Promotion, but the harvest must be witnessed by, and the yield measured by an Asgrow® dealer or sales representative as set forth herein. No yield monitors will be accepted for this Promotion.
8. Submitting Yield Information. Following submission of the Promotion Form to enter the Promotion, Promotion entrants must complete and submit their yield information to their Asgrow FSR by January 13, 2023.
9. Entry Limits. Limit one entry per “Farm Entity”. “Farm Entity” means one continuous farm, whether owned or operated by one person, an entire family or otherwise. All entries become the property of the Company and will not be acknowledged or returned, and no correspondence will be entered into regarding the status of any entry. Entries that do not comply with the terms of the Promotion will result in disqualification. Incomplete, illegible or untimely entries will not be considered. This Promotion is subject to change without notification in Company’s sole discretion. Entries will be void if electronically or mechanically reproduced, forged, defective, altered or obtained through unauthorized channels or if they contain production, typographical, electronic, mechanical or other errors. Company reserves the right in its sole discretion to disqualify any entry at any time which, in Company’s sole opinion, is offensive, contains unsuitable material, endangers the safety or well-being of any person, or if it is determined the entrant has not complied with these Official Rules.
10. Territories. Winners will be determined based on yield data compared to all other entrants in their respective “territory”. The applicable “territory” for each entrant is the National Sales Team territory where such entrant’s main farming operation is located. There are thirty-two (32) territories. Entrants must specify the appropriate territory on their Promotion Form. For more information regarding the location of Asgrow territories, please consult your local Asgrow FSR. FAILURE TO SPECIFY THE APPROPRIATE TERRITORY, WILL RESULT IN DISQUALIFICATION.
11. Winning/Judging Criteria. On or about January 31, 2023, Company will determine which entrants obtained the highest yield per acre in each territory for their ten (10) continuous acres of Asgrow soybeans planted during 2022 and for which the yield was measured as set out in Section 7 above. The two highest verified yields per acre in each territory will be declared national winners and will be recognized for their achievements at the 2023 DEKALB® ASGROW® National Winners Award Ceremony at Commodity Classic. Each winner will also receive the Grand Prize (defined below).
12. Number of Winners. The two entrants with the highest soybean yield per acre from each territory will win a Grand Prize. There will be up to 64 winners.
13. Odds of Winning. The odds of winning are dependent on the number of entries received.
14. Grand Prizes. Each eligible winner will receive the following Grand Prize: a 5-day/4-night trip for two (2) adults to the 2023 Commodity Classic in Orlando, Florida and a commemorative Asgrow award. The trip includes (i) round-trip coach air transportation for two (2) people from the major U.S. airport nearest the winner’s home to an airport near Orlando, Florida - the winner and one (1) adult guest must travel from one departure location and must travel on the same itinerary; (ii) standard hotel accommodations, double occupancy, for 4 nights; (iii) ground transfers between the airport and hotel, (i) Commodity Classic Convention registration for two people; and (v) certain meals provided at the discretion of Company. The winner’s guest must be at least 18 years of age and the age of majority in his or her state of residence. Approximate Retail Value (“ARV”) of each Grand Prize: $3,000.
15. Prize Limitations. All other expenses not specified in Section 13 relating to a prize, including (without limitation) flight insurance, travel insurance, meals and personal expenses are the sole responsibility of the winner. The ARV of the Grand Prize is subject to fluctuations in airfare and the value may vary depending on the location of the departure city. Any difference in the stated ARV and the actual value of the Grand Prize will not be awarded. All travel arrangements must be made by travel agent designated by Company and travel must take place on dates specified by Company which are subject to change at the Company’s sole discretion. If the winner and his or her guest are unable or unwilling to travel on the dates specified, the Grand Prize may be forfeited and awarded to an alternate winner. Travel prizes are subject to terms and conditions of travel service providers. Certain restrictions and black-out dates may apply.
16. Winner Selection and Notification. On or about January 31, 2023, Company will notify prize winners via the contact information provided upon entry that they have won the Promotion. If a potential winner cannot be reached within a reasonable time period after selection, does not respond within five business days of the first notification attempt, is found to be ineligible, does not comply with these Official Rules or declines to accept a prize, such potential winner may be disqualified in Company’s sole discretion, and in such case, Company will re-determine the winners of the prizes based on the remaining eligible entrants. In the case of a tie, the winning entry will be determined by the customer who harvested the largest number of acres of Asgrow soybeans.
17. Must Abide by Official Rules. No prize will be awarded to an entrant winner if the winner fails to comply with these Official Rules or any applicable laws or regulations. Receipt of any prize offered in this Promotion is conditioned upon the entrant’s compliance with these Official Rules and all federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES OR ANY APPLICABLE LAWS OR REGULATIONS BY ANY WINNER (AT COMPANY’S SOLE DISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS A WINNER OF THE PROMOTION AND ALL WINNER PRIVILEGES WILL BE IMMEDIATELY TERMINATED. If any provision of these Official Rules shall be deemed to violate any state or municipal law, it shall be amended to conform to such law and all other provisions shall remain in full force and effect.
18. Claiming a Prize. Each potential winners may be required to complete, sign, notarize and return to Company an Affidavit of Eligibility and Liability/Publicity Release within 14 days of receipt of such documents from Company. If such documents are not returned to Company prior to such deadline, any prize won may be forfeited in Company’s sole discretion, such potential winner shall be disqualified, and Company will re-determine the winners of the prizes based on the remaining eligible entrants. In the event that more than one prospective winner is inadvertently named for any one prize, the entrant with the highest yield will win such prize. If the prize or any portion thereof cannot be awarded for any reason, Company reserves the right to substitute such prize with another prize of equal or greater value. The prizes are not transferable. No substitution or cash redemption of a prize, or any portion thereof, is allowed, except at the sole discretion of the Company.
19. Company Discretion. Decisions of the Company will be final and binding on all matters relating to this Promotion.
21. Responsibility for Prize/Taxes. Each winner understands and agrees that s/he is solely responsible for the use, care and maintenance of the prize. Company is not responsible for lost or stolen prizes. PRIZES ARE AWARDED “AS IS” WITH NO REPRESENTATION OR GUARANTEE OF ANY KIND BY COMPANY, AND EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Any and all prize-related expenses, including (without limitation) any and all federal, state, and/or local taxes shall be the sole responsibility of the winner. The Internal Revenue Service requires Form 1099-MISC to be issued and filed for each recipient who received a prize/award if the annual aggregate is at least $600 or more. Winners may be required to complete and submit a W-9 form to receive the prize within 14 days of receipt of such documents from Company. If such documents are not returned to Company prior to such deadline, any prize won may be forfeited in Company’s sole discretion, such potential winner shall be disqualified, and Company will re-determine the winners of the prizes based on the remaining eligible entrants. The recipient should consult his/her tax advisor for the proper tax treatment of this income on his/her tax return.
22. Social Media. The Promotion may be advertised through social media platforms, such as Facebook, Instagram and/or Twitter (“Social Media”). You understand and acknowledge, however, that the Promotion is in no way sponsored, endorsed, administered by, or associated with any Social Media platform on which it is offered or advertised. You agree to adhere to all rules established by Social Media platforms. Any information you provide for the Promotion is being provided to Company rather than any Social Media platform. You fully release Facebook, Twitter, and all other Social Media from all claims, losses and harm that you may allege or incur relating to this Promotion.
23. Termination. Company reserves the right, in its sole discretion and without notice, to cancel, terminate, modify or suspend the Promotion. Examples of reasons for termination or modification of the Promotion may include (without limitation) Company’s inability to reasonably or fairly conduct or administer the Promotion due to business changes, viruses, malware, security breaches, non-authorized human intervention, fraud or other causes beyond Company’s control. Company reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Promotion or website or violates these Official Rules. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE; COMPANY RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH ENTRANT(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
24. Additional Conditions. The Company is not responsible for (i) late, lost, delayed, damaged, incomplete, illegible, misdirected or undeliverable correspondence; (ii) theft, destruction, unauthorized access to or alterations of entry materials; (iii) any typographical or other errors in the printing of these Official Rules, administration of this Promotion or in the announcement of any winner(s) or prize(s); or (iv) phone, electrical, network, computer, hardware, software program or transmission malfunctions, failures or difficulties. By participating in the Promotion, entrant acknowledges that entrant has read these Official Rules and any other terms and conditions, rules, guidelines or policies applicable to the Promotion, and agrees to abide by them.
25. Hold Harmless/Release. BY PARTICIPATING, EACH ENTRANT AGREES TO RELEASE AND HOLD HARMLESS COMPANY, ITS PARENTS, SUBSIDIARIES, AFFILIATES, ADVERTISING AND PROMOTION AGENCIES, AND THOSE ENTITIES ASSOCIATED WITH THE DEVELOPMENT, DISTRIBUTION AND IMPLEMENTATION OF THIS PROMOTION, AND EACH OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS AND REPRESENTATIVES FROM ANY DAMAGE, INJURY, EXPENSE, COST, DEATH, LOSS, CLAIM, ACTION, DEMAND, OR OTHER LIABILITY THAT MAY ARISE IN CONNECTION WITH THE PROMOTION, WHETHER CAUSED BY NEGLIGENCE ON THE PART OF COMPANY OR NOT, INCLUDING ALL CLAIMS OR THREATENED CLAIMS RELATING TO (A) PARTICIPATION IN THE PROMOTION; (B) ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE; (C) PARTICIPATION IN ANY PROMOTION OR PRIZE-RELATED ACTIVITY; OR (D) ELECTRONIC OR HUMAN ERROR WHICH MAY OCCUR IN THE ADMINISTRATION OF THE PROMOTION OR PROCESSING OF ENTRIES.
26. Disputes. THIS PROMOTION IS GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA AND THE STATE OF MISSOURI WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Promotion, the entrant agrees that any and all disputes which cannot be resolved between the parties and causes of action arising out of or connected with this Promotion, shall be resolved INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, exclusively before a court located in St. Louis County, Missouri having jurisdiction. The entrant and Company hereby agree to WAIVE A JURY TRIAL in all actions and proceedings related to the Promotion. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim, punitive, incidental, or consequential damages, including reasonable attorneys' fees, other than participant's actual out-of-pocket expenses (i.e., costs associated with entering this Promotion), and participant further waives all rights to have damages multiplied or increased.
28. Winners List. To obtain a list of the Promotion winners, send a self-addressed, stamped envelope to Asgrow Brand Marketing, 800 North Lindbergh, Blvd., E3SA, St. Louis, MO 63167.