#BredToWin Photo Contest

2018 WESTBRED® #BREDTOWIN PHOTO SWEEPSTAKES OFFICIAL RULES

NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. The 2018 WestBred #BredToWin Photo Sweepstakes (the “Sweepstakes”) begin at 12:00:01 am CT on June 18, 2018 and ends at 11:59:59 pm CT on August 26, 2018 (the “Entry Period”). Sponsor’s computer will be the official clock of this Sweepstakes.

 

1.         Terms and Conditions. By participating in the Sweepstakes, you fully and unconditionally accept and agree to be bound by these 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 Sponsor as final and binding as it relates to the Sweepstakes. You agree that Sponsor 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 Sponsor, or its designee. VOID WHERE PROHIBITED OR RESTRICTED BY LAW, RULE, REGULATION OR ORDINANCE.

 

2.         Eligibility. This Sweepstakes is open to U.S. residents of the following states: Arizona, California, Colorado, Idaho, Kansas, Minnesota, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, and Wyoming who: (a) are at least eighteen (18) years of age and the age of majority in his/her state of residence at the time of entry, (b) have or open a Facebook account during the Entry Period; and (c) are farmers who planted a WestBred wheat variety for the 2018 growing season prior to June 18, 2018 (an “Entrant”). 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 Monsanto Company (the “Sponsor”), its affiliates, subsidiaries, advertising and promotion agencies and those entities associated with the development, distribution or implementation of this Sweepstakes are not eligible to participate. Notwithstanding the immediately preceding sentence, Seed Suppliers of Monsanto brands are eligible to participate in the Sweepstakes.

 

3.         Entry. During the Entry Period, eligible persons can enter by logging into his or her Facebook account and posting on the @WestBredWheat Facebook page: (1) an original photo of a field in one of the following states: Arizona, California, Colorado, Idaho, Kansas, Minnesota, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, and Wyoming, (2) together with the hashtags #BredToWin and #contest, (3) the name of the WestBred product variety included in the picture, and (4) the state (full name or abbreviation) in which the picture was taken (an “Entry Post”).

Each Entry Post that complies with these Official Rules will grant the holder of the Facebook account one entry in the Sweepstakes. An eligible person can enter up to one time per day during the Entry Period; however, Entrants wishing to submit multiple Entry Posts during the Entry Period should submit different photos, rather than re-entering photos that have been previously submitted. Re-posting an Entry Post will not count as an additional entry. No Entrant may use more than one Facebook account to enter the Sweepstakes.

To be a valid entry, Entry Posts must:

(a) include an original photo (taken by the Entrant) of a field in one of the qualifying states identified above;

            (b) include the hashtags: #BredToWin and #Contest;

            (c) include the name of the WestBred product variety included in the photo;

            (d) include the state (full name or abbreviation) in which the picture was taken;

(e) be original, and not include or reference any person other than the Entrant, or any brands, logos, names or creative works, other than those created by or owned by either Entrant or Sponsor;

(f) not be offensive, disparaging of, or infringing on any rights of others, in Sponsor’s sole discretion;

(g) be in good taste and appropriate for the Facebook audience and Sponsor’s customers, in Sponsor’s sole discretion; and

            (h) comply with the Facebook Terms of Service and these Official Rules.

Each Entrant understands and acknowledges that this Sweepstakes is in no way sponsored, endorsed, administered by, or associated with, Facebook. Each Entrant agrees to adhere to all rules established by Facebook. Any information provided for the Sweepstakes is being provided by Sponsor rather than Facebook. Each Entrant hereby releases Facebook from all claims, losses and harms that you may allege or incur relating to this Sweepstakes.

All entries will become the property of Sponsor 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 Sweepstakes will result in disqualification. Incomplete or illegible entries or Entry Posts 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. Sponsor reserves the right in its sole discretion to disqualify and remove any entry at any time which, in Sponsor’s 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. Sponsor is not responsible for lost, late, stolen, damaged, incomplete, invalid, un‑intelligible, garbled, delayed, not visible or misdirected entries; all of which will be void in Sponsor’s sole discretion. In the event of a dispute as to any entry, the Authorized Account Holder of the email address or phone number associated with the Facebook account used to enter will be deemed to be the Entrant. The “Authorized Account Holder” is the natural person assigned an email address by an internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the Authorized Account Holders.

 

4.         Publicity Grant/Release. By entering this Sweepstakes, Entrant agrees to and does hereby transfer and assign to Sponsor all right, title and interest in and to all works, copyrights, trademarks, inventions, or other intellectual property (the “IP”) created or to be created, in and to all intellectual property based upon, derived from, or incorporating said submitted Entry Post, and waives any non-assignable moral or similar rights he or she may have in respect of said IP. Each Entrant agrees that, by entering into this Sweepstakes, Entrant gives Sponsor an unlimited right to use the IP in whole or in part in any manner. Each Entrant further agrees to execute any and all documents necessary to secure to the Sponsor or to its assignee the rights herein granted or necessary or desirable to secure to the Sponsor or its assignee the rights to publish information relating to the Entrant and his or her submitted IP, including a publicity release. Entrants may also be asked to execute an assignment to Sponsor of rights in and to their submitted IP. If Sponsor is unable to secure Entrant’s signature on any document necessary to apply for, prosecute or obtain or enforce any patent, copyright, or other right or protection relating to any IP, whether due to Entrant’s mental or physical incapacity or any other cause by which Entrant does not respond to Sponsor, Entrant hereby irrevocably designates and appoints the Sponsor and each of its duly authorized officers and agents as Entrant’s agent and attorney-in-fact, to act for and in Entrant’s behalf to execute and file any such document and to do all other lawfully permitted acts to further the prosecution, issuance and enforcement of patents, copyrights, or other rights or protections, with the same force and effect as if executed and delivered by Entrant.

5.         Winner Selection. On or about each of the following “Drawing Dates”, Sponsor will randomly select one (1) weekly winner from the compliant Entry Posts received during the applicable “Drawing Period” to win the applicable “Weekly Prize” identified below, for a total of ten (10) weekly winners. No person may be selected as a winner more than once. Drawing Periods are based on the North American Central Time Zone.

Entry Week

Drawing Period

Drawing Date

Weekly Prize and

Approx. Retail Value

1

6/18/18 – 6/24/18

6/25/18

Two (2) softshell jackets

ARV $140

 

2

6/25/18 – 7/1/18

7/2/18

Two (2) Adirondack chairs

ARV $335

3

7/2/18 – 7/8/18

7/9/18

Cornhole game

ARV: $230

4

7/9/18 – 7/15/18

7/16/18

Grizzly Cooler

ARV: $275

5

7/16/18 – 7/22/18

7/23/18

Two (2) softshell jackets

ARV: $140

6

7/23/18 – 7/29/18

7/30/18

Bar set combo

ARV: $175

7

7/30/18 – 8/5/18

8/6/18

Two (2) Adirondack chairs

ARV: $335

8

8/6/18 – 8/12/18

8/13/18

Corn hole

ARV: $230

9

8/13/18 – 8/19/18

8/20/18

Party bar

ARV: $280

10

8/20/18 – 8/26/18

8/27/18

Grizzly cooler

ARV: $275

On or about August 29, 2018, Sponsor will randomly select one (1) winner from all compliant Entry Posts submitted during the Entry Period to win the Grand Prize defined below. [Weekly Prize winners are eligible to win the Grand Prize.]

6.         Prizes. Up to eleven (11) total winners – ten (10) Weekly Prize winners and one (1) Grand Prize winner – will be selected based on the criteria set forth in these Official Rules.

a.  Weekly Prizes: The “Weekly Prizes” are those prizes listed in Section 5 above.

b.  Grand Prize: One winner will be selected from all compliant Entry Posts to win the “Grand Prize” – a seven-day/six-night trip to Orlando, Florida for up to two adults and two children during the week of February 25, 2019, including tickets to Disney World and entrance in the 2019 Commodity Classic. The 7-day/6-night trip includes (i) roundtrip coach air transportation for four (4) people from a major airport in the U.S. nearest the Grand Prize winner’s home to the Orlando International Airport – the winner and his/her guests must travel from one departure location and must travel on the same itinerary; (ii) standard hotel accommodations for six (6) nights; (iii) meals at Sponsor’s discretion; (iv) 2-day passes to Disney World in Orlando, Florida for two (2) adults and two (2) children – such tickets may only be used either from February 25-26 or from March 3-4; and (v) entrance fees for winner, one adult guest, and two children to the 2019 Commodity Classic in Orlando, Florida from February 28-March 2. Approximate retail value of the Grand Prize: $5,865.

All travel arrangements must be made by travel agent designated by Sponsor and travel must take place on dates specified by Sponsor which are subject to change at the Sponsor’s sole discretion. If the Grand Prize Winner is unable or unwilling to travel on the dates offered, the Grand Prize may be forfeited and awarded to an alternate Grand Prize Winner. Travel prizes are subject to terms and conditions of travel service providers. Certain restrictions and black-out dates may apply. The Approximate Retail Value (“ARV”) of the Grand Prize is subject to fluctuations in hotel costs, meal expenses, and airfare, and the value may vary depending on the location of the departure city. All other expenses not specified herein, including but not limited to flight insurance, travel insurance, and personal expenses are the sole responsibility of the Grand Prize Winner.

 

c.  Odds: Odds of winning each Weekly Prize depend on the number of entries and are estimated at 1/50. Odds of winning a Grand Prize depend on the number of entries and are estimated at 1/500.

d.  All Prizes: Decisions of the Sponsor will be final and binding on all matters relating to this Sweepstakes. The Prizes are not transferable. No substitution or cash redemption of any Prize, or any portion thereof, is allowed, except at the sole discretion of the Sponsor. Any difference in the stated ARV and the actual value of the Prize will not be awarded. The Sponsor will not replace any lost or stolen Prizes and is not responsible for any lost, mutilated or stolen tickets, travel vouchers or certificates. Sponsor is not responsible for the inability of any winner to accept or use any Prize (or portion thereof) for any reason.

 

7.         Claiming the Prize. Winners will be notified via a direct Facebook message to the submitting Facebook account. If a potential Winner 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 any Prize, such potential Winner may be disqualified in Sponsor’s sole discretion, and in such case Sponsor may select an alternate winner based on the criteria set forth in these Official Rules. Sponsor shall have no liability for a winner’s failure to receive notices due to winner’s spam, Facebook settings, or other security settings, or for winner’s provision of incorrect or otherwise non-functioning contact information.

Each potential winner will be required to complete, sign and return to Sponsor an Affidavit of Eligibility and Liability/Publicity Release/Copyright Assignment within 14 days of receipt of such documents from Sponsor. If such documents are not returned to Sponsor prior to such deadline, any Prize won may be forfeited in Sponsor’s sole discretion, such potential winner shall be disqualified, and an alternate winner may be selected by Sponsor from the remaining eligible entries. Except where prohibited by law, the winners also grant Sponsor the right to use the Winner’s submission, full name, hometown, images and likenesses for advertising, publicity and promotion purposes, including print, broadcast and on-line announcements, without further compensation than the said Prize and at no expense to the Winner.

 

8.         Responsibility for Prize/Taxes. If Entrant wins a Prize, Entrant understands and agrees that he or she is solely responsible for the use, care and maintenance of the Prize, including any and all insurance, licensing requirements, and liability for use. PRIZES ARE AWARDED “AS IS” WITH NO REPRESENTATION OR GUARANTEE OF ANY KIND BY SPONSOR, 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. When required by federal law, Sponsor will report the names of the winner and the value of the Prize won to the Internal Revenue Service. If requested by Sponsor, the potential winners will be required to complete, sign and return to Sponsor an IRS Form W-9 prior to receiving a Prize. Failure to complete, sign and return a W-9 will result in the winner being disqualified, and in such case Sponsor may select an alternate winner based on the criteria set forth in these Official Rules.

 

9.         Compliance with Laws. Receipt of any Prize offered in this Sweepstakes is conditioned upon Entrant’s compliance with these Official Rules and all federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER MAY (AT SPONSOR’S SOLE DISCRETION) RESULT IN SUCH WINNER’S DISQUALIFICATION AS WINNER OF THE SWEEPSTAKES AND ALL WINNER PRIVILEGES WILL BE IMMEDIATELY TERMINATED. If any provision of these Official Rules shall be deemed to violate any federal, state or municipal law, it shall be amended to conform to such law and all other provisions shall remain in full force and effect.

 

10.       Termination. Sponsor reserves the right, in its sole discretion and without notice, to cancel, terminate, modify or suspend the Sweepstakes.  Examples of reasons for termination or modification of the Sweepstakes may include (without limitation) Sponsor’s inability to reasonably or fairly conduct or administer the Sweepstakes due to business changes, viruses, malware, security breaches, non-authorized human intervention, fraud or other causes beyond Sponsor’s control. Sponsor 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 Sweepstakes or website or violates these Official Rules. Entry materials that have been tampered with or altered are void. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVED THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH ENTRANT(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

 

11.       Additional Conditions. The Sponsor is not responsible for (i) late, lost, delayed, damaged, incomplete, illegible, misdirected or undeliverable entries, responses, or other 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 Sweepstakes 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 Sweepstakes, Entrant acknowledges that Entrant has read these Official Rules and any other terms and conditions, rules, guidelines or policies applicable to the Sweepstakes, and agrees to abide by them.

 

12.       HOLD HARMLESS/RELEASE. BY ENTERING THIS SWEEPSTAKES, THE ENTRANT HEREBY AGREES TO RELEASE AND HOLD HARMLESS SPONSOR, ITS PARENTS, SUBSIDIARIES, AFFILIATES, ADVERTISING AND PROMOTION AGENCIES, AND THOSE ENTITIES ASSOCIATED WITH THE DEVELOPMENT, DISTRIBUTION AND IMPLEMENTATION OF THIS SWEEPSTAKES, 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 SWEEPSTAKES, WHETHER CAUSED BY NEGLIGENCE ON THE PART OF SPONSOR OR NOT, INCLUDING ALL CLAIMS OR THREATENED CLAIMS RELATING TO (A) PARTICIPATION IN THE SWEEPSTAKES; (B) ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE; (C) PARTICIPATION IN ANY SWEEPSTAKES OR PRIZE-RELATED ACTIVITY; (D) TECHNICAL FAILURES OF ANY KIND; OR (E) ELECTRONIC OR HUMAN ERROR WHICH MAY OCCUR IN THE ADMINISTRATION OF THE SWEEPSTAKES OR PROCESSING OF ENTRIES.

 

13.       Disputes. THIS SWEEPSTAKES 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 Sweepstakes, 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 Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Missouri having jurisdiction. 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 Sweepstakes), and participant further waives all rights to have damages multiplied or increased.

 

14.       Winners List/Official Rules. To obtain a list of the Sweepstakes Winner(s) and Official Rules, visit www.westbred.com/us/en/bredtowin-social-contest.html or send a self-addressed, stamped envelope to Attn: Sami Heindl, HLK Agency, 1141 S. 7th, St. Louis, MO 63104.

 

15.       Sponsor. The Sponsor of this Sweepstakes is Monsanto Company, 800 N Lindbergh Blvd, St Louis, MO 63167.