2014 Distinct Learn and Earn Contest Official Rules and Regulations

Transcription

1 2014 Distinct Learn and Earn Contest Official Rules and Regulations Contest Overview: Subject to the terms, conditions and restrictions set forth below, BASF Canada Inc. ( BASF ) is awarding eligible growers who enter: (a) a BASF baseball hat (the Offer ), while quantities last and (b) entry into a random draw for the chance to win a Grand Prize consisting of a maximum of $5,000 CAD worth of select herbicides from BASF (the Contest ). Contest Details: 1. No purchase necessary. This Offer and Contest are open only to Canadian growers who reside in one (1) of the following BASF Regions (each, a BASF Region ): (i) Alberta (including the Peace Region of British Columbia); (ii) Manitoba; or (iii) Saskatchewan; and who: (a) are the owner, operator or designated representative of a grain and/or oilseed farm (the Farm ); (b) have reached the legal age of majority in their province of residence; and (c) are legally permitted to accept herbicide products from BASF as a promotional prize (each, an Eligible Recipient ). Employees and those residing with them (whether related or not) of BASF, its parent companies, subsidiaries, affiliates, prize suppliers, advertising agencies and any entity involved in the development, production, administration, or fulfillment of the Contest or Offer (collectively, the Contest Parties ) are not eligible to enter this Contest or to participate in the Offer. 2. In order to qualify for the Contest and Offer, Eligible Recipients must accept and agree to be legally bound by these Official Rules and Regulations upon filling out the contest entry form. On entering the Contest, Eligible Recipients will have the opportunity to agree to the Terms and Conditions contained within BASF s Grower PIPEDA Consent and Commercial Electronic Messages Consent. Eligible Recipients may subsequently withdraw their consent to receive electronic communications, without affecting their eligibility in this Contest or Offer. 3. Eligible Recipients must enter the Contest at by completing all of the following steps: a) Watching the Distinct online video; b) Either entering one (1) of the unique PINs received via , direct mail or hand out, and if prompted, following the onscreen instructions to submit their name and address information. If an Eligible Recipient does not have a unique PIN, they may enter the Contest without one by following the onscreen instructions to submit their name and address information. c) Agreeing to be legally bound to the terms and conditions of these Official Rules and Regulations. Eligible Recipients will receive one (1) entry (the Entry ) into the Contest, based on the BASF Region in which they reside (as determined by BASF in its sole discretion).

2 4. Limit of one (1) Entry per Farm/mailing address permitted during the Contest Period (defined below). If it is discovered by BASF (using any evidence or other information made available to or otherwise discovered by BASF) that any person has attempted to: (i) obtain more than one (1) Entry per Farm/mailing address during the Contest Period; and/or (ii) use multiple names, identities, mailing addresses and/or any automated, macro, script, robotic or other system(s) or program(s) to enter or otherwise participate in or disrupt this Contest; then he/ she may be disqualified from the Contest and Offer in the sole and absolute discretion of BASF. Your Entry may be rejected if (in the sole and absolute discretion of BASF) the entry process is not fully completed and all required information is not submitted and received during the Contest Period. The Released Parties (defined below) are not responsible for late, lost, misdirected, delayed, incomplete or incompatible Entries (all of which are void). 5. This Contest begins July 11, 2014 at 12:00 AM, Eastern Standard Time and ends September 30, 2014 at 11:59 PM, Eastern Standard Time (the Contest Period ). 6. This Contest and Offer are subject to all applicable federal, provincial and municipal laws. The decisions of BASF with respect to all aspects of this Contest and Offer are final and binding on all Eligible Recipients without right of appeal, including, without limitation, any decisions regarding the eligibility/disqualification of Eligible Recipients. The Released Parties (defined below) will not be liable for any technical malfunction or other problems relating to the telephone network or lines, computer online systems, servers, access providers, computer equipment or software; for the failure of any contest Entry to be received by BASF for any reason; or any combination of the above. 7. BASF reserves the right, in its sole discretion, to withdraw, suspend or amend this Contest and/or Offer in any way, or to amend these Official Rules and Regulations without prior notice or obligation, in the event of: (i) any error, technical problem, tampering, fraud, technical failure or any other cause beyond the reasonable control of BASF that interferes with the proper conduct of this Contest or Offer as contemplated by these Official Rules and Regulations; and/or (ii) any accident, printing, administrative or other error of any kind. Any attempt to undermine the legitimate operation of this Contest or Offer may be a violation of criminal and civil laws and should such an attempt be made, BASF reserves the right to seek remedies and damages to the fullest extent permitted by law. 8. BASF reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to BASF potentially including, without limitation, government issued photo identification): (i) for the purposes of verifying eligibility to participate in this Contest or Offer; and/or (ii) for any other reason BASF deems necessary, in its sole and absolute discretion, for the purposes of administering this Contest and Offer in accordance with these Official Rules and Regulations. Failure to provide such proof to the complete satisfaction of BASF within the timeframe specified by BASF may result in disqualification. The sole determinant of the time for the purposes of this Contest and Offer will be BASF s server machine(s). 9. In the event of a dispute regarding who completed an Entry, the Entry will be deemed submitted by the person whose name and address was entered online at All intellectual property used by BASF in connection with the promotion and/or administration of the Contest, including, without limitation, all trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned (or licensed, as the case may be) by BASF and/or its affiliates. All rights are reserved. Unauthorized copying or use of any such intellectual property without the express written consent of its owner is strictly prohibited. 11. In the event of any discrepancy or inconsistency between the terms and conditions contained herein and disclosures or other statements contained in any other materials, including, but not limited to: and/or point of sale, television, print or online advertising, the terms and conditions contained herein shall prevail, govern and control. BASF reserves the right, in its sole and absolute discretion, to adjust any of the dates, timeframes and/or other Contest mechanics stipulated in these Official Rules and Regulations, to the extent necessary, for purposes of verifying compliance by any

3 Eligible Recipient, Farm or Entry with these Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of BASF, in its sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Official Rules and Regulations, or for any other reason. BASF Cap Offer Details: 1. Each Eligible Recipient will receive one (1) BASF and Distinct branded baseball hat by entering the Contest. Approximate retail value of each cap is $25.00 CAD. While quantities last. 2. Limit of one (1) hat per grain/oilseed Farm. Image of hat shown in any promotional elements including web pages is for representation purposes only. Final product may vary from image. 3. The hat will only be shipped to a Canadian address. Please allow 6-8 weeks from September 30, 2014 for receipt of the hat. 4. All hats must be accepted as provided and are not transferable. No cash value will be given or substitution made. Grand Prize Details and Winner Selection: 1. There will be a total of three (3) Grand Prizes available to be won; one (1) per BASF Region as described in these Official Rules and Regulations. 2. On October 20, 2014 (the Selection Date ) at approximately 2:00 PM Eastern Standard Time, BASF s independent judging organization in Mississauga, Ontario will conduct one (1) random draw in relation to each BASF Region, from among all eligible Entries submitted and received in each BASF Region during the Contest Period in accordance with these Official Rules and Regulations. In each random draw, one (1) Eligible Recipient will be selected for the BASF Region for a total of three (3) Eligible Recipients in the Contest (i.e. one for each BASF Region). BASF, acting reasonably, will attempt to contact each eligible winner at the telephone number or address on record, within seven (7) days of the Selection Date. In the event that an eligible winner cannot be contacted within seven (7) days of the Selection Date, he or she will be disqualified and an alternate eligible winner may, in the sole and absolute discretion of BASF and time permitting, be randomly chosen from the remaining eligible Entries submitted and received in the applicable BASF Region during the Contest Period in accordance with these Official Rules and Regulations (in which case the foregoing provisions of this section shall apply to such newly selected eligible winner). 3. Each Grand Prize consists of BASF awarding each winner with: (i) one herbicide; or (ii) a combination of multiple herbicides from the following list: Altitude FX, Altitude FX 2, Ares, Distinct, Heat, Odyssey Ultra, Tensile, and Viper ADV, with a maximum value of $5,000 CAD (each, a Grand Prize ). If the choice is multiple herbicides, each winner will choose the combination of product. There will be no splitting of jugs and/or cases to accommodate the maximum value awarded. BASF will engage with the chosen winners preferred retail to award the herbicide or combination of listed herbicides that add up to the maximum $5,000 CAD value during the 2015 selling season (valid from November 1, 2014 to September 30, 2015). Product is subject to availability at the retail location. Each winner must choose their herbicide(s) from one retail location. BASF has the right to provide substitutions where necessary. Product not eligible for cash substitutions. In no circumstance will the value of each Grand Prize exceed $5,000 CAD. By accepting the Grand Prize, each of the three (3) winners agrees to waive all recourse against the Contest Parties and each of their respective officers, directors, employees, agents, representatives, successors and assigns (collectively, the Released Parties ) if the Grand Prize or a component thereof does not prove satisfactory. 4. Arrangements will be made to have a copy of the release form described below sent to each eligible winner (via or fax). To be confirmed as an actual winner, each eligible winner must: (i) be in full compliance with these Official Rules and Regulations, (ii) return the release fully completed within seven (7) days of it having been sent to them and (iii) correctly answer the skill-testing question on the release without mechanical or other assistance. If for any reason an eligible winner is not declared as an actual winner in accordance with these Official Rules and Regulations (including, but not limited to, if an eligible winner is not in full compliance with the Official Rules and Regulations, or if an eligible winner fails to correctly answer the skill testing question), that eligible winner will forfeit the applicable Grand Prize and receive nothing. In such circumstances, BASF reserves the right, in its sole and absolute discretion and time permitting, to randomly select an alternate Eligible Recipient from among the remaining eligible Entries submitted and received in the applicable BASF Region

4 during the Contest Period in accordance with these Official Rules and Regulations (in which case the foregoing provisions of this section shall apply to such newly selected eligible winner). Without limiting the generality of the forgoing, BASF reserves the right, in its sole and absolute discretion, to administer an alternate test of skill as it deems appropriate based on the circumstances and/or to comply with applicable law. The odds of winning a Grand Prize depend on the number of eligible Entries submitted and received in each BASF Region during the Contest Period in accordance with these Official Rules and Regulations. Each Grand Prize must be accepted as awarded and is not transferable or assignable. No correspondence will be entered into except with the eligible winners. BASF, in its sole discretion, and for any reason, reserves the right to substitute a Grand Prize or any component thereof with a prize or prizes of equal or greater value. 5. By entering this Contest, each Eligible Recipient expressly consents to BASF, its agents and/or representatives, storing, sharing and using the personal information submitted with his/her Entry only for the purpose of administering the Contest and in accordance with Sponsor s privacy policy (available at: This section does not limit any other consent(s) that an individual may provide the Sponsor or others in relation to the collection, use and/or disclosure of their personal information. Grower PIPEDA Consent BASF Canada Inc. o/a BASF Canada ( BASF ) is committed to your right to privacy and keeping your personal information private. By selecting the I have read and agree to provide PIPEDA Consent box on the contest entry form at you consent and authorize your retailer and other third parties to collect and disclose to BASF or BASF s third party service providers your transactional data and other information relating to your purchases and use of BASF agricultural products (including, for greater certainty, seed varieties licensed or distributed by or on behalf of BASF or any of its affiliates) (collectively the Information ). You also consent and authorize your retailer and other third parties to collect and disclose to BASF or BASF s third party service providers your personal information, as defined in federal and/or provincial privacy laws. By selecting the I have read and agree to provide PIPEDA Consent box, you agree to the collection, use and disclosure (including disclosure to BASF s affiliates, your retailer, authorized seed sellers or BASF s third party service providers) of your personal information and the Information by BASF or by BASF s third party service providers for the purposes of: (i) verifying BASF s marketing program payments to you; (ii) developing and administering BASF s marketing programs; (iii) developing, promoting and offering additional information, products and services to you; and (iv) BASF s internal use. Except as provided in this consent, BASF will not sell or disclose your personal information to any third party, without your prior written consent (does not apply to Information). You may find out more about BASF s privacy practices by viewing its Privacy Policy on the BASF website If you wish to know what personal information we have in our files about you, request a change to the personal information or wish to be removed from our mailing list, please contact us at You may contact BASF at: 100 Milverton Drive, 5th Floor, Mississauga, ON Telephone: BASF (2273) or e:mail info_ca@basf-canada.ca. You can find out more about BASF at You may contact the Service Provider at: Burnhamthorpe Rd. West, Mississauga, ON Telephone: You may withdraw your consent to receive CEM by contacting BASF or the Service Provider using the contact information set forth above.

5 Commercial Electronic Message Consent BASF Canada Inc. o/a BASF Canada ( BASF ) is committed to providing you with timely and relevant information on product innovations, new offers, and customized information tailored to your farming operation. By selecting the I have read and agree to provide CEM consent box on the contest entry form and indicating how you would like to receive messages (either by providing a valid or a valid mobile number) at you consent and authorize BASF to send commercial electronic messages ( CEM ) (including, without limitation, s, text messages (standard fees or data charges may apply to text messaging consult your carrier for details), instant messaging, social media messaging and any other message sent by means of telecommunication) to the electronic mail address and mobile phone number set forth below. Your consent is sought by Kenna Communications LP ( Service Provider ) for and on behalf of BASF. We will send CEM to you for the purposes of: (i) verifying BASF s marketing program payments to you; (ii) developing and administering BASF s marketing programs; and (iii) developing, promoting and offering additional information, products and services to you. You may contact BASF at: 100 Milverton Drive, 5th Floor, Mississauga, ON Telephone: BASF (2273) or info_ca@basf-canada.ca. You can find out more about BASF at or about BASF s privacy practices by viewing its privacy policy on the BASF website. You may contact the Service Provider at: Burnhamthorpe Rd. West, Mississauga, ON Telephone: You can find out more about the Service Provider at You may withdraw your consent to receive any and all CEM by contacting BASF or the Service Provider using the contact information set forth above. Always read and follow label directions. AgSolutions, and DISTINCT are a registered trade-marks of BASF Corporation; ALTITUDE, and HEAT are registered trade-marks of BASF SE; ARES is a trade-mark; ODYSSEY, TENSILE, and VIPER are registered trade-marks of BASF Agrochemical Products B.V. used with permission by BASF Canada Inc. ALTITUDE FX and ALTITUDE FX 2 can only be used on wheat varieties with the Clearfield trait BASF Canada Inc.