2023 Asgrow® Brand National Yield Contest Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE THE ODDS OF WINNING.
1. Company. 2023 ASGROW® Brand National Yield Contest (the “Contest”) is offered and administered by Bayer CropScience LP, 800 N. Lindbergh Blvd., St. Louis, MO 63167 (“Company”).
2. Nature and Scope of Contest. This Contest is designed to reward farmers who achieve the highest yields in 2023 using ASGROW® brand soybean seed.
3. Terms and Conditions. By participating in the Contest, you (“you” or “entrant”) fully and unconditionally accept and agree to be bound by these 2023 ASGROW National Yield Contest 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 Contest. 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 Contest 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, and the age of majority in entrant’s state of residence if higher than 18 ; (c) a farmer whose primary source of income is from commercial farming operations in the U.S. during the Contest Period; and (d) plants at least ten (10) continuous acres of Asgrow® soybeans during the 2023 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 Contest 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. Contest Period. This Contest will begin on June 1, 2023, at noon Central Daylight Time and will end on December 8, 2023, at noon Central Standard Time (“Contest Period”).
6. Entry. During the Contest Period, an eligible person can enter by completing and submitting the yield Contest entry form (“Contest Form”), available from Asgrow brand dealers and field sales representatives (“FSR”) , and returning it to his or her Asgrow brand FSR or such other person identified on the Contest Form, located at https://survey.co1.qualtrics.com/jfe/form/SV_9YtEzU1v4kgFVTU. All Contest Forms must be submitted to the applicable local Asgrow brand FSR by noon Central Standard Time on December 8, 2023.
7. Obtaining Yield Measurements. To obtain an accurate yield measurement for this Contest, you must contact your Asgrow brand dealer or sales representative when harvesting your Asgrow soybean crop(s). The Asgrow brand 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 Contest. Entrants may select a minimum of any ten (10) continuous Asgrow soybean acres for submission into the Contest, but the harvest must be witnessed by, and the yield measured by an Asgrow® brand dealer or sales representative as set forth herein. No yield monitors will be accepted for this Contest.
8. Submitting Yield Information. Following submission of the Contest Form to enter the Contest, Contest entrants must complete and submit their yield information to their Asgrow FSR by January 12, 2024.
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 Contest will result in disqualification. Incomplete, illegible or untimely entries will not be considered. This Contest 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 Contest 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, 2024, Company will determine which entrants obtained the highest yield per acre in each territory for their minimum of ten (10) continuous acres of Asgrow soybeans planted during 2023 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 winners and will be recognized for their achievements at the 2024 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 the entrant and one (1) guest to the 2024 Commodity Classic in Houston, Texas and a commemorative Asgrow brand 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 Houston, Texas - 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 Company's sole discretion, including conference registration meals, Bayer sponsored meals (or meals served in the hospitality suite). Meals not included in the aforementioned are eligible for reimbursement with the maximum amount per individual meal not exceeding $65. 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 a 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, 2024, Company will notify prize winners via the contact information provided upon entry that they have won the Contest. 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 Contest 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 CONTEST 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 winner may be required to complete, sign, 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 Contest.
21. Responsibility for Prize/Taxes. The winner is solely responsible for all unspecified costs and expenses associated with prize acceptance and use. 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. 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 Contest may be advertised through social media platforms, such as Facebook, Instagram and/or Twitter (“Social Media”). You understand and acknowledge, however, that the Contest 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 Contest is being provided to Company rather than any Social Media platform. You fully release Facebook, Instagram, Twitter, and all other Social Media from all claims, losses and harm that you may allege or incur relating to this Contest.
23. Termination. Company reserves the right, in its sole discretion and without notice, to cancel, terminate, modify or suspend the Contest. Examples of reasons for termination or modification of the Contest may include (without limitation) Company’s inability to reasonably or fairly conduct or administer the Contest 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 Contest or website or violates these Official Rules. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST 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 Contest 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 Contest, entrant acknowledges that entrant has read these Official Rules and any other terms and conditions, rules, guidelines or policies applicable to the Contest, and agrees to abide by them.
25. Hold Harmless/Release. BY PARTICIPATING, EACH ENTRANT AGREES TO HOLD HARMLESS THE SPONSOR AND ITS RESPECTIVE PARENT, SUBSIDIARY, AND AFFILIATED COMPANIES, THE CONTEST JUDGES, AND ANY OTHER PERSON AND ORGANIZATION RESPONSIBLE FOR SPONSORING, FULFILLING, ADMINISTERING, ADVERTISING OR PROMOTING THE CONTEST, AND ALL OF THEIR RESPECTIVE PAST AND PRESENT OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES (COLLECTIVELY, THE “RELEASED PARTIES”) FROM AND AGAINST ANY LIABILITY WHATSOEVER, AND WAIVE AND RELEASE THE RELEASED PARTIES FROM ANY AND ALL CAUSES OF ACTION, FOR ANY CLAIMS, EXPENSES, INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, CLAIMS, COSTS, INJURIES, LOSSES AND DAMAGES RELATED TO PERSONAL INJURIES, DEATH, DAMAGE TO OR DESTRUCTION OF PROPERTY, RIGHTS OF PUBLICITY OR PRIVACY, DEFAMATION OR PORTRAYAL IN A FALSE LIGHT, WHETHER INTENTIONAL OR UNINTENTIONAL) ARISING OUT OF OR IN CONNECTION WITH THE ACCEPTANCE, POSSESSION, OR USE/MISUSE OF ANY PRIZE, PARTICIPATION IN ANY CONTEST-RELATED ACTIVITY, OR PARTICIPATION IN THE CONTEST, WHETHER UNDER A THEORY OF CONTRACT, TORTS (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), WARRANTY, OR ANY OTHER THEORY OR CAUSE OF ACTION.
26. Disputes. THIS CONTEST 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 Contest, 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 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 Contest. 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 Contest), and participant further waives all rights to have damages multiplied or increased.
28. Winners List. To obtain a list of the Contest winners, send a self-addressed, stamped envelope to Asgrow Brand Marketing, 800 North Lindbergh, Blvd., E3SA, St. Louis, MO 63167.