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Thursday, September 5, 2019

“Cream of the Crop” Contest Official Rules

Cream of the Crop Soft Serve Ice Cream Contest

  1. Introduction

    This “Cream of the Crop” (the “Contest”) is sponsored by Bayer CropScience Inc. (“Bayer CropScience”) and Agropur Division Natrel (the “Retail Sponsor”). This document constitutes the official rules of the Contest (the “Rules”) and the Rules exclusively govern all aspects of the Contest. Entry of a participant in this Contest constitutes that participant’s irrevocable acceptance of and agreement to be bound by all Rules of the Contest.

  2. Timing of Contest

    The Contest begins on September 10, 2019 at 10:00am EST and ends on September 12, 2019 at 4:00pm EST (the “Contest Period”).

  3. Eligibility to Enter

    The Contest is open only to individuals who: are legal residents of Canada, excluding residents of Quebec, are eighteen (18) years of age or older; and meet all other requirements set out in the Rules (“Eligible Participants” or each an “Eligible Participant”). Employees of Bayer CropScience, Retail Sponsor and members of their respective households are not eligible to enter the Contest.

  4. How to Enter

    No purchase of Bayer CropScience products is necessary to enter the Contest. A purchase of Bayer CropScience products will not increase an Eligible Participant’s chance of winning. Chances of winning cannot be determined by Bayer CropScience prior to the end of the Contest Period and will be dependent on the number of Eligible Participants participating in the Contest.

    The way to enter the Contest:

    1. Attend the 2019 Canada’s Outdoor Farm Show (“COFS”).
    2. Obtain an ice cream from the Bayer sponsored “Cream of the Crop” ice cream truck located at COFS (the “Bayer Truck”).
    3. Share a photo of you and the ice cream received from the Bayer Truck on Twitter® by tagging Bayer at @Bayer4CropsCA with #contest and #CreamOfTheCrop. 
    4. Have reached the age of majority in their eligible province of residence. 

      Each Eligible Participant can enter the Contest only once and any violation or attempted violation of this condition shall result in disqualification. Bayer CropScience shall have the right to disqualify any Eligible Participant if Bayer CropScience, in its sole discretion, considers the participant to have or have attempted to have tampered with the entry process, violated any Rules or otherwise acted in an un-sportsmanlike, disruptive or abusive manner. Twitter® entries that are incomplete, illegible, irregular, inaccurate, misdirected, falsified, altered, tampered with, lost or delayed shall be void. All Twitter® entries shall become the property of Bayer CropScience and shall not be returned.

  5. Prizes

    The prize of this Contest for the Winners (as defined below) is a Yeti® Tundra® 35 cooler. The approximate retail value of the prize is $349.99 Canadian.

    The prize must be accepted as awarded and cannot be substituted, sold, transferred, assigned or redeemed for cash. Notwithstanding the preceding sentence, Bayer CropScience reserves the right to substitute the prize for another prize of equivalent value if for any reason the prize becomes unavailable.

  6. Winner Selection

    Twitter® entries shall be gathered in Calgary. Random draws will be conducted on September 17, 2019 in Toronto, Ontario to select the ten (10) prize winners (the “Selected Entrants” or each a “Selected Entrant”). The Selected Entrants shall be notified by telephone within ten (10) business days of the draw and must respond to the contact person and number identified in the notification within two (2) business days of the notification. If a Selected Entrant does not respond to the notification and otherwise comply with all other Rules, the Selected Entrant will not be declared a winner nor receive a prize and Bayer CropScience shall draw for another Selected Entrant. If after three (3) such attempts an alternative Selected Entrant is not found, Bayer CropScience reserves the right to donate the prize to a registered charity of its choice.

  7. Winners’ Agreements

    Before Selected Entrants can be declared winners and receive prizes (the “Winners” or each a “Winner”), Selected Entrants must:

    1. sign an agreement and release (the “Agreement”) with Bayer CropScience:
      1. confirming the Selected Entrant’s compliance with and acceptance of the Rules;
      2. releasing Bayer CropScience, the Retail Sponsor and their respective directors, officers, employees and agents from and against any and all liability for any loss, harm, damages, costs or expenses to the Selected Entrant or any other individual or entity arising out of participation in the Contest, including without limitation, any use or misuse of any prize, any costs and expenses associated with any prize, any losses or damages related to personal injuries, death or loss of destruction of property associated with any prize, any rights of publicity or privacy and any defamation or portrayal in a false light;
      3. granting and consenting, without any further compensation, to the use by Bayer CropScience and its agents of the Selected Entrant’s name, likeness, photograph, place of residence, voice and expressions for Contest administration and for advertising and promotional purposes anywhere in the world and in any medium, as and in relation to being a Contest Winner; and
    2. correctly answer, without mechanical aid or assistance, a mathematical skill-testing question to be administered by mail and/or telephone by a Bayer CropScience representative.

      Each Selected Entrant must sign the Agreement within ten (10) business days of the notification date in section 6 of these Rules. Bayer CropScience will contact the Winner respecting the details of receiving the prize. If the Selected Entrant does not sign the Agreement as stipulated in these Rules, that prize will be irrevocably forfeited and the Selected Entrant disqualified from the Contest.

  8. Privacy and Submitted Materials

    Any personal information received from Entry Forms and Written Entries shall be treated by Bayer CropScience in accordance with applicable privacy legislation and Bayer CropScience privacy policies. Entry of a participant in the Contest constitutes the consent of such participant to the collection, use and disclosure by Bayer CropScience of any personal information provided by such participant for the purposes of:

    1. administering this Contest and as identified in section 7 of these Rules (which consent cannot be revoked without disqualification from the Contest); 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 CropScience (which consent can be revoked by the participant separately contacting Bayer CropScience and advising it of such revocation). 

      By participating in the Contest, each participant grants Bayer CropScience an irrevocable, perpetual, transferable, worldwide, fee and royalty free license to copy, use, publish, transmit and create derivative materials using and from, any materials submitted by participant in association with the Contest for any uses contemplated by the Rules including associated promotional and marketing purposes.

  9. Limit of Liability

    A participant, by submitting any entry for this Contest (whether such participant is an Eligible Participant, or uses or submits an Entry Form or Written Entry) agrees to and does release (to the extent permitted by law) Bayer CropScience, the Retail Sponsor 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 participant or any other individual or entity arising out of: incorrect or inaccurate transcription of entry information; incomplete, illegible, irregular, inaccurate, misdirected, falsified, altered, tampered with, lost or delayed entries, or entries received 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 entry process or the Contest; electronic or human error which may occur in the administration of the Contest or the processing of entries; and any decisions made by Bayer CropScience in administering this Contest in accordance with these Rules, including without limitation, respecting disqualifications and eligibility determinations.

  10. Disputes

    A participant, by submitting any entry for this Contest (whether such participant is an Eligible Participant, uses or submits an Entry Form or Written Entry or is disqualified) agrees that: any and all disputes, claims, and causes of action arising out of or connected with this Contest 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 entering this Contest 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO ALL SUCH PARTICIPANTS.

    A participant, by submitting any entry for this Contest (whether such participant is an Eligible Participant, uses or submits an Entry Form or Written Entry or is disqualified) agrees that all issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or any rights and obligations in connection with the Contest, shall be governed by the laws of the province of Alberta without regard to any conflict of law rules and to attorn to the non-exclusive jurisdiction of the courts of Alberta. This Contest is subject to all applicable federal, provincial and municipal laws.

  11. List of Winners and Rules

    A list of Winners and a copy of these Rules can be obtained by contacting Bayer CropScience at 130, 160 Quarry Park Boulevard SE, Calgary, T2C 3G3 and providing Bayer CropScience with a self addressed stamped envelope for provision of such information and materials.