2021 DEKALB CORN YIELD CONTEST OFFICIAL RULES
VOID WHERE PROHIBITED OR RESTRICTED BY LAW, RULE, REGULATION OR ORDINANCE.
1. Company. 2021 DEKALB® Corn Yield Contest (the “Promotion”) is offered and administered by Bayer Crop Science, 800 N. Lindbergh Blvd., St. Louis, MO 63167 (“Company”).
2. Nature and Scope of Promotion. This Promotion is designed to run concurrently with, but separately from, the National Corn Grower’s Association’s (“NCGA”) 2021 National Corn Yield Contest (the “NCYC”). Information on the NCYC and how to enter that contest is available here: https://ncga.com/get-involved/national-corn-yield-contest. While Company is a sponsor of NCYC, Company is not administering, judging or in any way responsible for the NCYC, NCYC prizes, or NCYC’s official rules. By entering NCYC, you are responsible for reviewing and complying with the NWYC rules, which are available at: https://ncga.com/get-involved/national-corn-yield-contest (“NCYC Rules”). This Promotion is designed to support and award prizes to entrants of NCYC who use Company’s DEKALB® brand corn seed.
3. Terms and Conditions. By participating in the Promotion, you (“you” or “entrant”) fully and unconditionally agree to have read these Official Rules and the NCYC Rules, and expressly accept and agree to be bound by these Official Rules and the NCYC Rules. You further 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 and these Official Rules, and you agree to be bound by all decisions and interpretations made in good faith by Company and/or its designee.
4. Eligibility. The Promotion is open to legal U.S. residents who: (a) are at least 14 years of age, (b) members of the National Corn Growers Association and the entrant’s state corn growers association; (c) enter, or will enter, at least one valid online entry in the NCYC using at least 10 continuous acres DEKALB brand corn seed, and (d) otherwise meet and comply with the eligibility and entry requirements of the NCYC. 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. DEKALB dealers are not eligible to enter or win the promotion.
5. Entry into NCYC. To be eligible for this Promotion, entrants must enter NCYC using Company’s DEKALB® corn seed. Between May 3, 2021 and the earlier of August 18, 2021 or the date that is two (2) weeks prior to harvesting your NCYC plot, complete and submit a valid online entry for the NCYC, available at http://www.ncga.com/for-farmers/national-corn-yield-contest pursuant to the NCYC Rules. Yield results must be submitted for the NCYC on or prior to the earlier of November 30, 2021 or two (2) weeks after entrant’s final supervised yield check is taken. Company is not responsible for the collection, receipt or review of entries or entry materials. Entrant expressly acknowledges and agrees that the National Corn Growers Association is the entity responsible for the development, distribution and implementation of the NCYC, as well as the collection of all entries and the judging of such entries, and Company is not involved in the development, distribution or implementation of the NCYC.
6. Entry into this Promotion. This promotion will run concurrently with NCYC. Entry for this Promotion shall begin on May 3, 2021 at noon Central Standard Time and will end on the earlier of November 30, 2021 at noon Central Standard Time or two weeks after the final supervised yield checks are completed by NCYC. To enter this Promotion, entrant must select the appropriate checkbox in the NCYC entry form that indicates that entrant shall also enter this Promotion.
7. Complimentary Entry & Membership Fees. Entry into this Promotion is free. Likewise, when you enter the NCYC, you may leave payment section blank if you have selected entry into this Promotion, and Company will pay your NCYC entry fees. Company will also pay the membership or membership renewal fees for NCGA for any eligible DEKALB farmer entrants into NCYC.
8. Disqualification. Entries that do not comply with the terms of the NCYC or this Promotion will result in disqualification. Incomplete or illegible entries will not be considered. 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.
9. Winners. Following the compilation of all submitted yield data by the NCGA for entry into the NCYC, the NCGA will determine the entrants who placed 1st, 2nd or 3rd across all entrants nationally in each of the nine NCYC Categories and the entrants who placed 1st, 2nd, or 3rd across all entrants in their state in each NCYC Category. Based on those determinations by NCGA, Company will award prizes as follows:
· National Prizes. Each entrant to this Promotion that places 1st, 2nd, or 3rd nationally in any of the nine NCYC Categories using DEKALB brand corn will win the National Prizes (as applicable). Up to three entrants per category may win a National Prize. Winners of the National Prize will be eligible to receive the following:
i. Travel & Meal Package: A 5-day, 4-night trip for the entrant and one (1) guest to the 2022 Commodity Classic in New Orleans, Louisiana and a commemorative DEKALB award. The 5-day/4-night trip includes (i) round trip coach air transportation for two (2) people from the major U.S. airport nearest the winner’s home to New Orleans, Louisiana - the entrant and their guest must travel from one departure location and must travel on the same itinerary; (ii) standard hotel accommodations, double occupancy, for four (4) nights; (iii) ground transfers to/from the airport and hotel while in New Orleans, Louisiana; (iv) Commodity Classic Convention registration for two (2) people; and (v) certain meals provided at Company’s sole discretion. Approximate Retail Value (ARV) of each National Prize travel package is: $3,000.
ii. Cash Prize: A cash prize in the following amounts: (a) $10,000 to the 1st place (highest yield) NCYC national winner; (b) $7,500 to the 2nd place (second highest yield) national winner; and (c) $5,000 to the 3rd place (third highest yield) national winner.
iii. DEKALB Award. A commemorative DEKALB award. ARV: $20.
The total approximate retail value (ARV) of the National Prize(s) is dependent on placement in the NCYC, as well as fluctuations in airfare and travel costs, which may vary depending on the location of the departure city and other factors. ARV estimated ranges are from approximately $8,020 to $13,020 per prize.
· State Prize. Each entrant to this Promotion that places 1st in his or her state in any of the nine NCYC Categories using DEKALB brand corn will win the State Prize. Up to nine State Prizes may be awarded. Winners of the State Prize will receive: a 5-day, 4-night trip for winner and one (1) guest to the 2022 Commodity Classic in New Orleans, Louisiana and a commemorative plaque or trophy item. The 5-day/4-night trip includes (i) round trip coach air transportation for two (2) people from a major airport in the U.S. nearest the winner’s home to New Orleans, Louisiana - the winner and their guest must travel from one departure location and on the same itinerary; (ii) standard hotel accommodations, double occupancy, for four (4) nights; (iii) ground transfers to/from the airport and hotel while in New Orleans, Louisiana; (iv) Commodity Classic Convention registration for two (2) people; and (v) certain meals provided at Company’s sole discretion.
The total approximate retail value (ARV) of the State Prize(s) is dependent on fluctuations in airfare and travel costs, which may vary depending on the location of the departure city and other factors. ARV is estimated at $3,000 per State Prize.
· Runner-Up Prize. Each entrant to this Promotion that places 2nd or 3rd in his or her state in any of the nine NCYC Categories using DEKALB brand corn will win the Runner-up Prize(s). Up to eighteen (18) Runner-Up Prizes may be awarded. Winners of Runner-Up Prizes will receive a commemorative plaque or trophy item, and an invitation to an exclusive awards ceremony at the 2022 Commodity Classic. ARV: $20.
10. General Prize Details and Restrictions. Each entrant is eligible to win only one Prize category. For the sake of clarity, if an entrant is a 1st, 2nd, or 3rd place National Prize winner in multiple NCYC Categories, the entrant is still only eligible for one National Prize, and is not eligible for a State Prize or Runner-up Prize. Similarly, if an entrant is a 1st place State Prize winner in multiple NCYC Categories, the entrant is only eligible for one State Prize, and is not eligible for a Runner-up Prize. The “National Prizes,” “State Prize,” and “Runner-Up Prize” (each individually, a “Prize”, and collectively, the “Prizes”) are not transferable. No substitution or cash redemption of the Prize, or any portion thereof, is allowed, except at the sole discretion of the Company. Company is not responsible for the inability of the winner to accept the Prize or any portion thereof for any reason. Any difference in the stated ARV and the actual value of the Prize will not be awarded. If the potential winner is found to be ineligible, does not comply with these Official Rules or declines to accept the Prize, the potential winner may be disqualified in Company’s sole discretion, and in such case, Company may select an alternate winner in a random drawing from remaining eligible entries. Company reserves the right to substitute such Prize with another prize of equal or greater value.
11. Other Prize Limitations. All other expenses not specified in the prize descriptions above, including (without limitation) flight insurance, travel insurance, meals and personal expenses are the sole responsibility of the winner. 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 Company’s sole discretion. If the Prize winner and their guest are unable or unwilling to travel on the dates specified, the Prize may be forfeited and awarded to an alternate Prize winner. Travel prizes are subject to terms and conditions of travel service providers. Certain restrictions may apply.
12. Winner Selection and Notification. Within thirty (30) days after the NCGA announces the winners of the NCYC, 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.
13. Claiming a Prize. Each winner and their guest (if any) may be required to complete, sign, notarize and return to Sponsor 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.
14. Company Discretion. Decisions of the Company will be final and binding on all matters relating to this Promotion.
15. Prize Eligibility. Receipt of any Prize offered in this Promotion is conditioned upon the entrant’s compliance with these Official Rules, the NCYC Rules, and all federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES, THE NCYC RULES OR ANY LAW 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.
17. 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.
18. 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.
19. 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) cancellation of the NCYC by the NCGA, Company not receiving necessary data from the NCGA to enable it to accurately determine the winners, or 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 entry 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.
20. Additional Conditions. 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.
21. 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 CONTEST, 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.
22. 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, 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 Contest, 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.
24. Winners List. To obtain a list of the Promotion winners, send a self-addressed, stamped envelope to Bayer Crop Science, Attn: DEKALB Asgrow Marketing, 800 N. Lindbergh Blvd, St. Louis, MO 63167.