All orders and sales are subject to the AgriGold Terms and Conditions of Sale, which include but are not limited to the Limitation of Warranty & Remedy and Agronomic Zone and Planting Year. The Terms and Conditions of Sale are subject to change from time to time without prior notice. Refer to the ‘Terms of Sale’ tab at the bottom of www.agrigold.com for the most up-to-date Terms and Conditions of Sale.
Bayer is a member of Excellence Through Stewardship® (ETS). Bayer products are commercialized in accordance with ETS Product Launch Stewardship Guidance and in compliance with Bayer’s Policy for Commercialization of Biotechnology-Derived Plant Products in Commodity Crops. Commercialized products have been approved for import into key export markets with functioning regulatory systems. Any crop or material produced from this product can only be exported to, or used, processed or sold in countries where all necessary regulatory approvals have been granted. It is a violation of national and international law to move material containing biotech traits across boundaries into nations where import is not permitted. Growers should talk to their grain handler or product purchaser to confirm their buying position for this product. Excellence Through Stewardship® is a registered trademark of Excellence Through Stewardship.
ALWAYS READ AND FOLLOW PESTICIDE LABEL DIRECTIONS. It is a violation of federal and state law to use any pesticide product other than in accordance with its labeling. NOT ALL formulations of dicamba or glyphosate are approved for in-crop use with Roundup Ready 2 Xtend® soybeans. NOT ALL formulations of dicamba, glyphosate or glufosinate are approved for in-crop use with products with XtendFlex® Technology. ONLY USE FORMULATIONS THAT ARE SPECIFICALLY LABELED FOR SUCH USES AND APPROVED FOR SUCH USE IN THE STATE OF APPLICATION. Contact the U.S. EPA and your state pesticide regulatory agency with any questions about the approval status of dicamba herbicide products for in-crop use with Roundup Ready 2 Xtend® soybeans or products with XtendFlex® Technology.
B.t. products may not yet be registered in all states. Check with your seed brand representative for the registration status in your state.
IMPORTANT IRM INFORMATION: RIB Complete® corn blend products do not require the planting of a structured refuge except in the Cotton-Growing Area where corn earworm is a significant pest. See the IRM/Grower Guide for additional information. Always read and follow IRM requirements.
DroughtGard® hybrids with RIB Complete® corn blend the refuge seed may not always contain DroughtGard® hybrids trait.
Seed containing a patented trait can only be used to plant a single commercial crop. It is unlawful to save and replant Roundup Ready 2 Yield® soybeans, Roundup Ready 2 Xtend® soybeans, and XtendFlex® soybeans. Additional information and limitations on the use of these products are provided in the Technology Stewardship Agreement and the Bayer Technology Use Guide: https://tug.bayer.com. U.S. patents for Bayer technologies can be found at the following webpage: http://www.monsantotechnology.com
Important: Always read and follow label and bag tag instructions; only those labeled as tolerant to glufosinate may be sprayed with glufosinate ammonium-based herbicides.
Roundup Ready® 2 Technology contains genes that confer tolerance to glyphosate. Roundup Ready 2 Xtend® soybeans contain genes that confer tolerance to glyphosate and dicamba. Products with XtendFlex® Technology contain genes that confer tolerance to glyphosate, glufosinate and dicamba. Glyphosate will kill crops that are not tolerant to glyphosate. Dicamba will kill crops that are not tolerant to dicamba. Glufosinate will kill crops that are not tolerant to glufosinate. Contact your seed brand dealer or refer to the Bayer Technology Use Guide for recommended weed control programs.
Seed products with the LibertyLink® (LL) trait are resistant to the herbicide glufosinate ammonium, an alternative to glyphosate in corn, and combine high-yielding genetics with the powerful, non-selective, postemergent weed control of Liberty® herbicide for optimum yield and excellent weed control.
Agrisure® Technology incorporated into these seeds is commercialized under license from Syngenta Seeds, Inc. Herculex® Technology incorporated into these seeds is commercialized under license from Dow AgroSciences LLC. More information about Agrisure Duracade® is available at: http://www.biotradestatus.com/
ALWAYS READ AND FOLLOW PESTICIDE LABEL DIRECTIONS. Roundup Ready® crops contain genes that confer tolerance to glyphosate. Glyphosate herbicides will kill crops that are not tolerant to glyphosate.
Corteva Agriscience is a member of Excellence Through Stewardship® (ETS). Corteva Agriscience products are commercialized in accordance with ETS Product Launch Stewardship Guidance and in compliance with the Corteva Agriscience policies regarding stewardship of those products. In line with these guidelines, our product launch process for responsible launches of new products includes a longstanding process to evaluate export market information, value chain consultations, and regulatory functionality. Growers and end users must take all steps within their control to follow appropriate stewardship requirements and confirm their buyer’s acceptance of the grain or other material being purchased. For more detailed information on the status of a trait or stack, please visit www.biotradestatus.com.
Seeds containing the Enlist, Herculex and PowerCore traits are protected under numerous US patents. Seeds containing patented traits can only be used to plant a single commercial crop and cannot be saved or replanted. You acknowledge and agree to be bound by the terms and conditions of the following documents in effect at the time of planting of this seed: (i) the Technology Use Agreement and (ii) the Product Use Guides for all technologies in this seed, including the Herbicide Resistance Management (HRM), and Use requirements detailed therein (www.corteva.us/Resources/trait-stewardship.html).
To plant Enlist, Herculex and PowerCore seed, you must have a limited license from Corteva Agriscience (or other appropriate affiliates). In consideration of the foregoing, Corteva Agriscience grants to the Grower the limited license to use its technology to produce only a single commercial crop in the United States under the terms and conditions set forth in the Technology Use Agreement in effect at the time of planting of this seed.
Always read and follow herbicide label directions prior to use: Enlist® products contain the Enlist trait that provides crop safety for use of labeled over-the-top applications of glyphosate, glufosinate and 2,4-D herbicides featuring Colex-D® technology when applied according to label directions. Following burndown, the only 2,4-D containing herbicide products that may be used with Enlist® crops are products that feature Colex-D technology and are expressly labeled for use on Enlist crops. 2,4-D products that do not contain Colex-D technology are not authorized for use in conjunction with Enlist products. Assure II is currently the only FOP herbicide for in-crop use with Enlist corn.
Enlist E3® soybean seeds containing the Enlist® trait can only be used to plant a single commercial crop. It is unlawful to save and replant Enlist E3® soybeans. Additional information and limitations on the use of these products are provided in the Corteva Agriscience Technology Use Agreement and Enlist® Soybean Product Use Guide. U.S. patents for Dow AgroSciences technologies can be found at the following webpage: www.corteva.us/Resources/trait-stewardship.html.
Important: Always read and follow label instructions. Some products may not be registered for sale or use in all states or counties. Please check with your local extension service to ensure registration status. Avicta Complete Corn 250 is a Restricted Use Pesticide. For use by certified applicators only. Growers planting Avicta treated seed are not required to be certified applicators. Avicta technology is protected by U.S. Patent No. 6,875,727. AgReliant Genetics®, the AgReliant Genetics Design®, Advantage Acre®, AgriShield®, AgriGold® and the AgriGold Design® are trademarks of AgReliant Genetics, LLC. Acceleron®, DroughtGard®, RIB Complete®, Roundup Ready 2 Technology and Design™, Roundup Ready 2 Xtend®, Roundup Ready 2 Yield®, Roundup Ready®, SmartStax®, Trecepta®, VT Double PRO®, YieldGard VT Pro® and XtendFlex® are trademarks of Bayer Group. PowerCore multi-event technology developed by Corteva Agriscience and Monsanto. PowerCore is a registered trademark of Monsanto Technology LLC. Insect control technology provided by Vip3A is utilized under license from Syngenta Crop Protection AG. Agrisure®, Agrisure Artesian®, Artesian™, Agrisure Duracade®, Agrisure Viptera®, Avicta®, Catalyst®, Cruiser® and Saltro® and E-Z Refuge® are trademarks of a Syngenta Group Company. The transgenic soybeans event in Enlist E3® soybeans is jointly developed and owned by Dow AgroSciences LLC and M.S. Technologies, L.L.C. Enlist®, Enlist E3®, the Enlist E3 logo™, and Colex-D® are trademarks of The Dow Chemical Company (“Dow”) or an affiliated company of Dow. HERCULEX® and the HERCULEX Shield are trademarks of Dow AgroSciences, LLC. Liberty®, LibertyLink®, Liberty® and the Water Droplet logo are registered trademarks of BASF. Respect the Refuge and Corn Design® and Respect the Refuge® are registered trademarks of National Corn Growers Association. All other trademarks are the property of their respective owners.
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Before opening a bag of seed, be sure to read and understand the stewardship requirements, including applicable refuge requirements for insect resistance management, for the biotechnology traits expressed in the seed set forth in the technology agreement that you sign. By opening and using a bag of seed, you are reaffirming your obligation to comply with those stewardship requirements.
Soybean Seed Piracy Statement: Roundup Ready 2 Yield® soybeans, Roundup Ready 2 Xtend® soybeans, and XtendFlex® soybeans
Seed containing a patented trait can only be used to plant a single commercial crop. It is unlawful to save and replant Roundup Ready 2 Yield® soybeans, Roundup Ready 2 Xtend® soybeans, and XtendFlex® soybeans. Additional information and limitations on the use of these products are provided in the Technology Stewardship Agreement and the Bayer Technology Use Guide: tug.bayer.com. U.S. patents for Bayer technologies can be found at the following webpage: cs.bayerpatents.bayer.com
Under the seed laws of several states, arbitration, mediation or conciliation is required as a prerequisite to maintaining legal action based upon the failure of seed to which this notice is attached to produce as represented. The consumer shall file a complaint (sworn for AR, FL, ID, IN, MS, MT, SC, TX, WA) (verified for in CO, IL) (signed only for CA, GA), along with the required filing fee (where applicable) with the Commissioner/Director/Secretary of Agriculture, Seed Commissioner, or Chief Agricultural Officer within such time as to permit inspection of the crops or plants by the state’s designated agency and AGRIGOLD, or within the period required by state law. A copy of the complaint shall be sent to AGRIGOLD by certified or registered mail or as otherwise provided by law.
AGRIGOLD reserves the right to substitute product at its discretion for any reason, including but not limited to crop or product shortages. If the buyer rejects the substitute product, the buyer’s sole and exclusive remedy shall be the cancellation of its order. Prices and hybrids are subject to change at any time. The price shall be the price set out in AGRIGOLD’s current published price list for the upcoming crop year, less any applicable programs or discounts offered in writing by AGRIGOLD. Programs and discounts may be modified from time to time without prior notice.
By purchasing seed products of AGRIGOLD, the buyer understands that such products are for planting in the year of the purchase and that AGRIGOLD has the obligation to pay royalties to trait providers for the products containing specific traits based on each grower’s agronomic zone. Buyer agrees to report the agronomic zone of each grower who will plant such traited products (including that of the buyer if he is a grower) to AGRIGOLD. Such agronomic zones are defined and assigned by each of the trait providers at their sole discretion, and may be different from one provider to another. At any time, should AGRIGOLD become aware that the seed product was invoiced for an in- correct agronomic zone or planting year, AGRIGOLD will adjust the invoice to reflect the correct price. In such event, either AGRIGOLD will promptly issue a refund, or the buyer will pay the corrected amount remaining owed to AGRIGOLD.
AGRIGOLD warrants that the seeds in the container are as described on the tag, subject to tolerances established by law. THE FOREGOING EXPRESS WARRANTY EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND IS VOID IF THE SEED PRODUCT IS SOLD TO BUYER BY AN UNAUTHORIZED SELLER. THERE ARE NO OTHER WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION THEREON. AGRIGOLD does not warrant that conventional seed produced or sold by AGRIGOLD is free of genetically modified organisms (“GMO”), nor does AGRIGOLD warrant that genetically modified seed produced or sold by AGRIGOLD is free of unintentional GMO for any reason, (including but not limited to adventitious pollen contamination due to pollen drift caused by wind and/or insects). AGRIGOLD specifically disclaims any warranty as to complete freedom of GMO for conventional seed produced or sold by AGRIGOLD and AGRIGOLD specifically disclaims any warranty as to complete freedom of unintentional GMO for genetically modified seed produced or sold by AGRIGOLD. By acceptance and use of the seed, buyer agrees that AGRIGOLD’s liability and the buyer’s exclusive remedy for breach of any warranty or other reason (if any) shall be limited, in all events, to a return of the purchase price of the affected seed, and in no event shall AGRIGOLD be liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, or any similar loss) whether based on breach of contract, breach of warranty, tort (including negligence), product liability, or otherwise, even if advised of the possibility of such damages. All claims must be presented within a reasonable period of time and not later than thirty (30) days after discovery. Crop yields and quality are influenced by many causes and conditions beyond AGRIGOLD’s control that AGRIGOLD does not warrant yield or quality. Further, any recommendations given for selection or use of AGRIGOLD’s products are based upon AGRIGOLD’s best knowledge and for informational purposes only, and AGRIGOLD does not warrant the results to be obtained with such recommendations. Unless accepted on the foregoing terms, buyer shall return the seed in the original unopened container within 15 days of purchase for a refund of the purchase price.
AGRIGOLD reserves, and the buyer grants to AGRIGOLD, a security interest in any and all delivered products in the inventory of the buyer and in all accounts receivable of the buyer arising from the sale of the AGRIGOLD products, until full payment to AGRIGOLD. Buyer agrees to execute such documents as AGRIGOLD may request in order to perfect AGRIGOLD’s security interest.
AGRIGOLD and buyer agree that any overpayment (i.e., credit balance) made during the planting year will automatically rollover to the following year as an advance payment against subsequent purchases unless buyer notifies AGRIGOLD that it would like a refund within 30 days after settlement. This does not limit the buyer’s ability to specifically request a refund of an overpayment at any time. Note that payment of an early refund may impact other items, including early payment discounts and credits or qualification for various other programs or discounts offered by AGRIGOLD. Notwithstanding the above, the buyer acknowledges and agrees that AGRIGOLD may, in its sole discretion, apply any credit balance or payment that AGRIGOLD receives from the buyer (directly or from a third party for the buyer’s account) to any past-due account that the buyer may have with AgReliant Genetics, LLC. A late payment charge of 1.5% per month (18% per annum), or the maximum lower rate allowed by law, will be added to all accounts not paid in full by the due date of payment, and for each month thereafter on the unpaid amount until paid in full. The buyer also agrees to bear any and all expenses related to the collection of any accounts deemed past due by AGRIGOLD, including without limitation attorney fees and court costs.
Sale of this seed is allowed only in the U.S. and through AGRIGOLD’s authorized dealers and distributors and buyer may not re-sell the seed unless otherwise agreed to in writing by AGRIGOLD. One or more of the parental lines used to produce this seed is/are proprietary to or licensed to AGRIGOLD. Further, the traits and technology contained within this seed, as well as the parental lines and progeny, are covered by intellectual property protection, which may include plant variety certificates, trade secrets and patents which may include, but are not limited to, patented germplasm, transgenic traits, native traits, transformation technologies, methods of use and breeding methods. AGRIGOLD grants to buyer a limited, non-exclusive, non-transferable right to use the seed for the sole purpose of growing a single commercial crop for the production of grain or forage for feeding or processing. Farm-seed saving is strictly forbidden and shall constitute a misappropriation of third party’s intellectual property, and therefore a breach of their legitimate rights and damage to said third party’s legitimate expectation of future sales. The purchase/bailment/transfer of this seed conveys no right under any intellectual property to use the seed for any purpose. Buyer agrees that it is not acquiring any rights to use the seed or any parental line(s) that may be unintentionally contained herein for any purpose other than the growing of a single commercial crop for the production of grain or forage for feeding or processing. Buyer shall not reproduce or transfer said seed or parental line(s), nor subject them (nor their pollen or any other plant part) to any breeding, research, field or laboratory analysis, development, biotechnology process, or any other variety improvement purposes or genetic manipulation techniques, including (but not limited to) tissue culture, genetic fingerprinting or transformation techniques, sequencing, use of molecular markers or mutagenesis. The parental line(s) may also be protected under trade secret laws. Buyer further agrees that under these trade secret rights, any parental seed and the genetic material contained herein is confidential and must be maintained in confidence. Export of the seed and parental line(s) is prohibited. Further, the buyer shall ensure that any crop or material produced from this seed shall only be exported to, or used, processed or sold in countries where all necessary regulatory approvals have been granted. All pesticides used must be used according to label specifications and regulatory requirements. FOR TRAITED SEED, ACCEPTANCE OF TRAIT PROVIDERS’ TECHNOLOGY AGREEMENTS IS REQUIRED AS A CONDITION OF SALE AND BUYER AGREES TO COMPLY WITH ALL APPLICABLE PRODUCT USE GUIDES AND GROWER-FOCUSED STEWARDSHIP PRACTICES. Buyer consents to AGRIGOLD providing to trait providers, or their designees, its contact details for stewardship compliance and marketing purposes. Buyer also consents to AGRIGOLD providing to financial institutions, or their designees, its contact details for soft credit checks and for marketing or promotional purposes.
Last modified: August 2021
AgReliant Genetics, LLC d/b/a AgriGold (“Company” or “We”) promotes the importance of proper seed and trait stewardship. We maintain a stewardship policy, which is communicated to Company employees and dealers who manage seed and customer seed sales. We have successfully completed current Excellence Through Stewardship® audit requirements for our representative North American operations and have in place stewardship programs and quality management systems consistent with the Excellence Through Stewardship® program.
Dealers are required to abide by, and shall use reasonable commercial efforts to require growers to abide by, any stewardship and/or product use requirements pertaining to AgriGold products. Dealers should make reasonable efforts to send stewardship communications and training materials to growers and educate and provide guidance to growers on proper stewardship requirements.
GROWER TECHNOLOGY LICENSE AGREEMENTS
The use of traited seed may be contingent upon the signature of technology use agreements by the grower depending on the requirements of trait providers. Growers must sign technology use agreements to cover all traits before obtaining, planting, or growing seed. If you have questions, contact your local AgriGold sales representative.
When collecting information from the grower, the Company sales representative or dealer (as applicable) shall request the grower technology numbers. If the grower does not have a grower technology number required by the applicable trait provider, such traited seed shall not be transferred to the grower until the grower is properly licensed and supplies the technology number to the Company sales representative or dealer.
When a copy of the grower technology license agreement is provided by an employee of the Company or a dealer to the grower, a copy of the signed agreement shall be returned to the Company and retained in the customer’s permanent file. Employees of the Company shall not sign a grower technology license agreement on a grower’s behalf. The dealer and its employees shall not sign a grower technology license agreement on a grower’s behalf, except for the dealer may sign if the dealer is also a grower.
SPECIFIC REQUIREMENTS BY TRAIT PROVIDER
Bayer Technology/Stewardship Agreement
Corteva Agriscience Technology Use Agreement
BASF Grower Technology Agreement
Syngenta Seeds, Inc. Stewardship Agreement
GROWER POINT OF SALES (GPOS) Technology Reporting
The reporting of accurate grower points of sales (GPOS) information is critical to the Company’s stewardship of new technologies. This information is required for products containing technologies from Bayer, BASF, Corteva Agriscience, Forage Genetics, and Syngenta, and may be required by other trait suppliers.
REINFORCE SAVED SEED PROHIBITIONS
Dealers should proactively remind growers that seed containing a patented trait can only be used to plant a single commercial crop from which seed cannot be saved and replanted. Additional information and limitations on the use of such products are provided in the Bayer Technology Stewardship Agreement, the Corteva Agriscience Technology Use Agreement, the BASF Grower Technology Agreement, the Syngenta Stewardship Agreement, and the applicable Product Use Guides.
GRAIN STEWARDSHIP
Any crop or material produced from biotechnology-derived plant products can only be exported to, or used, processed or sold in countries where all necessary regulatory approvals have been granted. It is a violation of national and international law to move material containing biotech traits across boundaries into nations where import is not permitted. Growers should talk to their grain handler or product purchaser to confirm their buying position for such crop or material.
Dealers should encourage growers to consult http://www.ncga.com/know-you-grow (Know Before you Grow) for the approval status of biotech corn traits.
INSECT RESISTANCE MANAGEMENT
Dealers should proactively remind users that Insect Resistance Management is a requirement when purchasing insect-protected crops by conveying the following message:
Before opening a bag of seed, be sure to read and understand the stewardship requirements, including applicable refuge requirements for insect resistance management, for the biotechnology traits expressed in the seed as set forth in the technology agreements that you sign. By opening and using a bag of seed, you are reaffirming your obligation to comply with those stewardship requirements.
GUIDELINES FOR MANAGING SEED PIRACY MATTERS
VOID WHERE PROHIBITED OR RESTRICTED BY LAW, RULE, REGULATION OR ORDINANCE.
Company. 2024 AGRIGOLD Corn Yield Contest (the “Promotion”) is offered and administered by AgReliant Genetics, LLC (“Company”).
Nature and Scope of Promotion. This Promotion is designed to run concurrently with, but separately from, the National Corn Grower’s Association’s (“NCGA”) 2024 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 NCYC rules, which are available at: https://ncga.com/get-involved/national-corn-yield-contest/profile/yield-contest-rules (“NCYC Rules”). The Promotion is designed to support and award prizes to entrants of NCYC who use Company’s AgriGold® brand corn seed.
Terms and Conditions. By participating in the Promotion, you (“you” or “entrant”) fully and unconditionally agree to have read these Promotion rules (“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;
Eligibility. The Promotion is open to legal U.S. residents who: (a) are at least 18 years of age (except in states where the legal age of majority is greater than 18 years of age, such legal age of majority) as of the date of entrant’s entry into the NCYC, (b) a member 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 of AgriGold® brand corn seed, and (d) otherwise meet and comply with the eligibility and entry requirements of the NCYC. The purchase of AgriGold® brand corn seed is not required at the time of entry of the Promotion. Company intends for entrants to use already purchased AgriGold® brand corn seed. The amount of AgriGold® brand corn seed will not increase an entrant’s odds of winning the Promotion. Employees, officers, directors and the immediate family members residing in the same household of those employees, officers, and directors of: (1) Company; (2) Company’s affiliates or subsidiaries; (3) Company’s advertising and promotion agencies; and (4) those associated with the development, distribution or implementation of this Promotion, are not eligible to participate. Void where prohibited. All federal, state, and local laws and regulations apply.
How to Enter. Entrants are automatically entered into the Promotion by submitting a valid entry in the NCYC and meeting the eligibility requirements above. The Promotion will run concurrently with NCYC. Entrant’s NCYC entry must be compliant with all rules and terms promulgated by NCGA. NCGA will determine what constitutes a valid entry in the NCYC. Entrant expressly acknowledges and agrees that the NCGA 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. Rules and terms are available at http://www.ncga.com/for-farmers/national-corn-yield-contest. Company may also determine, in its sole discretion, that an entry is invalid for any reason (including, but not limited to, untimeliness, fraud, or errors in the entry).
Complimentary Entry & Membership Fees. Entry into the Promotion is free. Company will cover any entry fees required for entrants under the NCYC Rules. When you enter the NCYC, you may leave the payment section blank if you have selected entry into the Promotion, and Company will pay your NCYC entry fees. Company will also pay the membership or membership renewal fees for NCGA for any entrants who use AgriGold brand corn seed, who are deemed a valid entry into the NCYC by the NCYC rules and not otherwise deemed invalid by the Company.
Disqualification. Entries that do not comply with the terms of the NCYC or the Promotion will result in disqualification. Entries into the NCYC deemed to be incomplete or illegible entries by NCGA will not be considered. Further, in the event NCGA deems certain entries to be electronically or mechanically reproduced, forged, defective, altered or obtained through unauthorized channels or if they contain production, typographical, electronic, mechanical or other errors, such entries will be void. 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 or the NCYC Rules.
Winners. Following the compilation of all submitted yield data by NCGA for entry into the NCYC, 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 the Promotion that places 1st, 2nd, or 3rd nationally in any of the nine NCYC Categories using AgriGold® brand corn will win the National Prizes (as applicable). Up to three entrants per NCYC Category may win a National Prize. Winners of the National Prize will receive the following, as applicable:
Travel & Meal Package: Each entrant to the Promotion that places 1st, 2nd, or 3rd nationally in any of the nine NCYC Categories using AgriGold® brand corn will also win the State Prize as applicable to their 1st, 2nd, or 3rd place placement in his or her state in any of the nine NCYC Categories using AgriGold® brand corn seed, as described in the State Prize category below. For clarity, if an entrant places 2nd in their state, but 3rd nationally, the entrant will win the 2nd place State Prize described in the State Prize category of these rules as a Travel & Meal Package, in addition to the 3rd place Cash Prize and AGRIGOLD Award described in the National Prize section.
Cash Prize: For those winners in the highest yield NCYC Category, a cash prize as follows: (a) $7,500 to the 1st place (highest yield) NCYC national winner; (b) $5,00 to the 2nd place (second highest yield) national winner; and (c) $2,500 to the 3rd place (third highest yield) national winner.
The aggregate ARV of the National Prizes is dependent on the number of winners, the winner’s respective 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 $6,379 to $12,756 per National Prize per winner.
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 only eligible for one National 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 the 2nd or 3rd place State Prize. The “National Prizes,” and “State 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 the NCYC 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.
Other Prize Limitations. All other expenses not specified in the Prize descriptions above, including (without limitation) flight insurance, travel insurance, meals (where not authorized by Company) and personal expenses are the
sole responsibility of the winner. All travel arrangements must be made by the travel agent designated by Company and travel must take place on the dates specified by Company. Travel dates are subject to change at Company’s sole discretion.
If the Travel and Meal Package National Prize winner and their guest (if applicable) or the State Prize winners and their guest (if applicable) are unable or unwilling to travel on the dates specified, such winners’ respective prizes
will be forfeited. Travel prizes are subject to the terms and conditions of travel service providers. Certain restrictions may apply.
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 (as determined in Company’s sole discretion), does not respond within five (5) business days of the first notification attempt, is found to be ineligible,
does not comply with these Official Rules or the NCYC Rules, or declines to accept a Prize, such potential winner may be disqualified in Company’s sole discretion.
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.
Company Discretion. Decisions of the Company will be final and binding on all matters relating to this Promotion.
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.
Publicity. Except where prohibited by law, and notwithstanding anything to the contrary in the Company’s Privacy Policy available at https://agrigold.com/privacy-policy/,
the winner grants Company full rights to use the winner’s submission, first and last name, hometown, images, likeness, statements and testimonials for advertising, publicity and promotional purposes, including print, broadcast, Social
Media (defined below) and online announcements, without further compensation or right of approval, and at no expense to the winner.
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 tax forms and documentation including (without limitation) 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 winner should consult his/her tax advisor for the proper tax treatment of this income on his/her tax return.
Social Media. The Promotion may be advertised through social media platforms, including (without limitation) TikTok, Facebook, Instagram, and/or Twitter (“Social Media”).
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.
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.
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 THE 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) TRAVEL AND 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.
Disputes. THIS PROMOTION IS GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA AND THE STATE OF INDIANA 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 Hamilton County, Indiana 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 entrant be permitted
to obtain awards for, and hereby waives all rights to claim, punitive, incidental, or consequential damages, including attorneys’ fees, other than entrant’s actual out-of-pocket expenses (i.e. costs associated with entering this
Promotion), and entrant further waives all rights to have damages multiplied or increased.
Privacy Policy. Personal information collected from entrants will be used by Company for the purpose of administering the Promotion. By entering the Promotion, entrants acknowledge and consent to the collection, use and disclosure
of their personal information in accordance with Company’s Privacy Policy available at https://agrigold.com/privacy-policy/. By entering the Promotion, entrants
agree to allow Company to contact them regarding the Promotion.
Winners List. To obtain a list of the Promotion winners, send a self-addressed, stamped envelope to AgReliant Genetics, LLC, Attn: AGRIGOLD Marketing, 122 E 169th St. Westfield, IN 46074.