Stewart Seeds – 2018 Harvest Photo Sweepstakes

Official Rules

NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW, RULE, REGULATION OR ORDINANCE. [Stewart Seeds] – 2018 Harvest Photo Sweepstakes (the “Sweepstakes”) begins at 12:00:01 a.m. Central Time on October 8, 2018 and ends at 11:59:59 p.m. Central Time on November 4, 2018 (the “Sweepstakes Period”). Sponsor’s internal business 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 the 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.

2.              Eligibility. The Sweepstakes is open to legal U.S. residents who (a) are at least 18 years of age and the age of majority in their state of residence, (b) have or open a free Facebook account during the Sweepstakes Period, and (c) are a farmer whose primary source of income is from commercial farming operations in Indiana, Kentucky, Ohio (each eligible individual, 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.

1.              Entry. During the Sweepstakes Period, an eligible person can enter by logging into his or her Facebook account, and sharing a photo showing harvest time on his or her farm either (i) as a comment to a post requesting such photo on [https://www.facebook.com/stewartseeds/], or (ii) as a post on  [https://www.facebook.com/stewartseeds/] with the hashtag #contest (“Entry Post”). The winning entry will be selected by the Sponsor, based in large part on the number of “likes” received by each Entry Posts during the Sweepstakes Period. BY POSTING AN ENTRY POST, ENTRANT REPRESENTS AND WARRANTS THAT IT HAS PERMISSION TO POST THE ENTRY POST FROM ANY AND ALL PERSONS PRESENT IN THE PHOTO.

To be a valid entry, all Entry Posts must:

(a)  be posted on the [@stewartseeds] Facebook page,

(b)  include a photo of harvest time on the Entrant’s farm,

(c)  include the hashtag #contest (unless the photo is shared as a comment pursuant to (i) above),

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

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

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

(g) comply with all Facebook Terms of Service and Rules and these Official Rules. 

The Sponsor reserves the right, in its sole discretion, to remove any Entry Post that does not comply with the entry requirements. An eligible person can enter multiple times during the Sweepstakes Period; however, Entrants wishing to submit multiple Entry Posts during the Sweepstakes Period should submit different photos, rather than re-entering photos that have been previously submitted. Sharing an Entry Post will not count as an additional entry. No Entrant may use more than one Facebook account to enter the Sweepstakes.

By entering, a person agrees to adhere to these Official Rules and all rules established by Facebook. Each Entrant hereby grants a complete release of Facebook from all claims, losses and harms that the Entrant may allege or incur relating to this Sweepstakes, and acknowledges and agrees that this Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook.

All entries will become the property of the Sponsor and will not be acknowledged or returned, and no correspondence will be entered into regarding the status of any entry; provided that, Sponsor may in its sole discretion decide to correspond with Entrants on a case by case basis regarding entry requirements. Entry Posts that do not comply with the rules of the Sweepstakes will result in disqualification. Incomplete or illegible entries or entry material will not be considered. Entry Posts 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. The Sweepstakes is subject to change without notification in Sponsor’s sole discretion. Sponsor reserves the right in its sole discretion to disqualify 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 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.              License Grant/Release. Entering this Sweepstakes constitutes Entrant’s full agreement to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display the Entry Post in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including without limitation by re-posting an Entry Post for promotional or marketing purposes or otherwise using it in connection with Sponsor’s social media accounts. Entrant also grants a waiver and full release relating to the Entry Posts, including without limitation waiving rights of publicity or privacy of Entrant. If requested, Entrant will sign any documents that may be required for Sponsor or its designees to make use of the Entry Post and all components thereof. By entering, you warrant and represent that you are the sole and exclusive owner of the Entry Post and all components thereof and that the same will not infringe on any rights of any third parties, and you further agree that your Entry Post and all components thereof conforms to these Official Rules.

5.              Winner Selection: On or about the following “Drawing Dates,” Sponsor will randomly select one (1) weekly winner from the compliant Entry Posts received during the “Drawing Periods” specified below to win the Prize specified below, for a total of four (4) winners. Only one (1) winner will be selected for each “Entry Week.” No person may be selected as a Prize winner more than once.

Entry Week

Drawing Period

Drawing Date

Prize (Average Retail Value)

1

October 8-15, 2018

October 16, 2018

[hoodie] (ARV: $[34])

2

October 15-21, 2018

October 22, 2018

[1/4 zip jacket] (ARV: $[29])

3

October 22-28, 2018

October 29, 2018

[hat and t shirt] (ARV: $[21])

4

October 29 – November 4, 2018

November 5, 2018

[hoodie and tumbler] (ARV: $[32])

 

Decisions of the Sponsor will be final and binding on all matters relating to this Sweepstakes. Sponsor will notify the potential winner by sending a Facebook message to the potential winner. The potential winner may be required to contact Sponsor within five (5) business days and complete, sign and return to Sponsor an Affidavit of Eligibility and Liability/Publicity Release within fourteen (14) days of receipt of such documents from Sponsor before accepting the Prize. If such documents are not returned to Sponsor prior to such deadline, any Prize won may be forfeited in Sponsor’s sole discretion. In the event that more than one (1) prospective winner for any particular Prize is inadvertently named, Sponsor will select one winner from among such persons to be deemed the winner. Except where prohibited by law, the winner also grants 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.

6.              Prize: On or about each Drawing Date set out above, Sponsor will randomly select one Entrant to receive the Prize identified next to such Drawing Date.

 

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. Sponsor is not responsible for any lost or stolen Prizes. Sponsor is not responsible for the inability of any winner to accept or use any Prize (or 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 Sponsor’s sole discretion, and in such case Sponsor may select an alternate winner in a random drawing from remaining eligible entries.  

7.              Odds: Odds of winning the Prize depend on number of eligible entries received during each Drawing Period, but is estimated at 1 in 100. Many will enter, few will win.      

8.              Taxes and Responsibility for the Prize: By entering, each Entrant understands and agrees that if he/she wins the Prize, the Entrant is solely responsible for the use, care and maintenance of the Prize, including (without limitation) any and all insurance requirements, 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. 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. If requested by Sponsor, the potential winner will be required to complete, sign and return to Sponsor an IRS Form W-9 prior to receiving the 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 from remaining eligible entries. The winner should consult his/her tax advisor for the proper tax treatment of this income on his/her tax return.        

9.              Compliance with Laws. Receipt of the Prize is conditioned upon the Entrant’s compliance with these Official Rules and all federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (IN SPONSOR'S SOLE DISCRETION) WILL 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. If Sponsor modifies, cancels, terminates or suspends the Sweepstakes, Sponsor may, in its sole discretion, select a new winner from all eligible, non-suspect, entries received prior to and/or after (if appropriate) the action taken by Sponsor. 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. Any attempt by an Entrant to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.

11.           Additional Conditions. Each Entrant agrees to, accepts and shall abide by these Official Rules of this Sweepstakes and agrees that any dispute with regard to the conduct of this Sweepstakes, rule interpretation or award of the Prize, shall be resolved by Sponsor, in its sole discretion. Sponsor 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 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. If for any reason Sponsor is unable to run this Sweepstakes as planned, or if any computer or website associated with this Sweepstakes does not allow the proper playing of the Sweepstakes and the processing of entries per these rules, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by Entrants, fraud, technical failures, or any other causes, in Sponsor’s sole opinion, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Sponsor reserves the right, at its sole discretion, to disqualify any Entrant implicated in such action, and/or to cancel, modify or suspend this Sweepstakes or any portion thereof. Sponsor reserves the right, at its sole discretion, to cancel, terminate or suspend the Sweepstakes in whole or in part should a cause or event beyond Sponsor’s control affect the administration, fairness, proper play or conduct of the Sweepstakes making continuation as planned impossible. All brand names associated with Prizes for this Sweepstakes, other than the Channel trademark, are the property of their respective owners.          

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; OR (D) 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. The Entrant and Sponsor hereby agree to WAIVE A JURY TRIAL in all actions and proceedings relating to the Sweepstakes. 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. To obtain the names of the Winners, 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 Boulevard, St. Louis, MO 63167.

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