VOID WHERE PROHIBITED OR RESTRICTED BY LAW, RULE, REGULATION OR ORDINANCE.
1. Company. 2022 AGRIGOLD Corn Yield Contest (the “Promotion”) is offered and administered by AgReliant Genetics, LLC (“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”) 2022 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 (“NCYC Rules”). This Promotion is designed to support and award prizes to entrants of NCYC who use Company’s AGRIGOLD 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 AGRIGOLD brand corn seed, and (d) otherwise meet and comply with the eligibility and entry requirements of the NCYC. 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 and 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.
5. Entry into NCYC and this Promotion. This promotion will run concurrently with NCYC. To be eligible for this Promotion, entrants must submit a valid entry to NCYC using Company’s AGRIGOLD corn seed. Entrant’s NCYC entry must be compliant with all rules and terms promulgated by NCGA. NCGA will determine what constitutes a valid entry. 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).
6. 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 AGRIGOLD farmer entrants into NCYC.
7. 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.
8. 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:
i. Travel & Meal Package: A 5-day, 4-night trip for the entrant and one (1) guest to the 2022 Commodity Classic in Orlando, Florida, and a commemorative AGRIGOLD 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 Orlando, Florida – 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 Orlando, Florida; (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: $4,200.
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. AGRIGOLD Award. A commemorative AGRIGOLD award. ARV: $20.
The total 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 $9,200 to $14,200 per prize.
The total 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 $4,200 per State Prize.
9. 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.
10. 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. Travel dates are subject to change at Company’s sole discretion. If the Travel Prize winner and their guest are unable or unwilling to travel on the dates specified, the Travel Prize will be forfeited. Travel prizes are subject to the terms and conditions of travel service providers. Certain restrictions may apply.
11. 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 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.
12. 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.
13. Company Discretion. Decisions of the Company will be final and binding on all matters relating to this Promotion.
14. 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.
16. 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.
17. Social Media. The Promotion may be advertised through social media platforms, including (without limitation) TikTok, Facebook, Instagram, and/or Twitter (“Social Media”).
18. 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.
19. 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.
20. 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 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.
21. 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.
23. 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.