2014 The Time is Now Offer

Transcription

1 2014 The Time is Now Offer Terms and Conditions Offer Overview: 1. Subject to these Official Terms and Conditions (the Terms ), BASF Canada Inc. ( BASF ) is offering Eligible Recipients (defined below) the opportunity to receive a reward (defined below) by watching the Optill herbicide module ( Module ), registering in accordance with these Terms during the Offer Period (defined below) and subsequently purchasing one (1) case of Optill herbicide in Offer Eligibility: 1. The Time is Now Offer (the Offer ) is open only to Canadian growers who: (i) reside in either Ontario or Quebec; (ii) are the owner, operator or designated representative of a farm (each, a Farm ); and (iii) have reached the legal age of majority in their province of residence (each, an Eligible Recipient ). 2. In order to qualify for the Offer, each Eligible Recipient must: (i) accept and agree to be legally bound by these Terms; and (ii) agree to the terms and conditions contained within BASF s Grower PIPEDA Consent and Commercial Electronic Messages Consent. Eligible Recipients may subsequently withdraw their consent to receive electronic communications, without affecting their eligibility for this Offer. Offer Period: 1. This Offer Period begins January 2, 2014 at 12:00:01 a.m. Eastern Time ( ET ) and ends March 30, 2014 at 11:59:59 p.m. ET (the Offer Period ). Purchase Period: 1. This Purchase Period begins January 2, 2014 at 12:00:01 a.m. Eastern Time ( ET ) and ends September 30, 2014 at 11:59:59 p.m. ET (the Purchase Period ). Rewards: 1. The following Reward (a Reward ) is available to be redeemed in relation to the Offer: i. Swiss Army Watch, men s or women s. 2. The Reward must be accepted as awarded and is not transferable, assignable or convertible to cash (except as may be specifically permitted by BASF in its sole and absolute discretion). No substitutions except at BASF s option. BASF reserves the right, in its sole and absolute discretion, to substitute any Reward or a component thereof with an item or items of equal or greater value for any reason. 3. Rewards will only be shipped to a Canadian address. Please allow 6-8 weeks from the time BASF receives grower transaction data from retails.

2 How to Earn a Reward: 1. Eligible Recipients can qualify for the Offer by visiting (the Website ) during the Offer Period and following the on-screen instructions to complete all of the following steps: i. watch the Optill herbicide Module; ii. after the Module finishes playing, fully complete the Registration Form (the Form ) with all required information (including, if applicable, entering the optional Offer Code in the space provided note: the Offer Code is not required to participate in the Offer); iii. signify your agreement that you have read and agree to be legally bound by these Terms; iv. indicate the one (1) Reward that you would like to receive (subject to compliance with these Terms); v. submit the completed Form (collectively, each an Offer Redemption ). 2. To be eligible, your Offer Redemption must be submitted and received in accordance with these Terms during the Offer Period. Reward and Offer Redemption Limit: 1. There is a limit of one (1) Offer Redemption (and therefore one (1) Reward) per Farm. For the avoidance of any doubt, the maximum number of Offer Redemptions that can be completed (and therefore Rewards that can be earned) by a Farm pursuant to these Terms is one (1). 2. If it is discovered by BASF (using any evidence or other information made available to or otherwise discovered by BASF) that any Eligible Recipient, Farm and/or other person or entity has attempted to: (i) obtain more than one (1) Offer Redemption (and therefore one (1) Reward) per Farm, per Module; and/or (ii) use multiple names, identities, addresses and/or any automated, macro, script, robotic or other system(s) or program(s) to enter or otherwise participate in or to disrupt this Offer; then he/she may be disqualified from participating in the Offer in the sole and absolute discretion of BASF. Your Offer Redemption may be rejected if (in the sole and absolute discretion of BASF) the Form is not fully completed with all required information and submitted and received in accordance with these Terms during the Offer Period. The Released Parties (defined below) are not responsible for late, lost, misdirected, delayed, incomplete or incompatible Offer Redemptions (all of which are void). Verification: 1. All Offer Redemptions are subject to verification at any time and for any reason. BASF reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to BASF including, without limitation, government issued photo identification): (i) for the purposes of verifying eligibility to participate in this Offer; (ii) for the purposes of verifying the eligibility and/or legitimacy of any Offer Redemption submitted (or purportedly submitted) for the purposes of this Offer; and/or (iii) for any other reason BASF deems necessary, in its sole and absolute discretion, for the purposes of administering this Offer in accordance with these Terms. Failure to provide such proof to the complete satisfaction of BASF in a timely manner may result in disqualification in the sole and absolute discretion of BASF. The sole determinant of the time for the purposes of a valid Offer Redemption will be BASF s Official Clock(s).

3 General Terms: 1. By participating in this Offer, each Eligible Recipient hereby: (i) confirms compliance with these Terms; (ii) acknowledges acceptance of the applicable Reward (as awarded); (iii) releases the Offer Parties and each of their respective officers, directors, agents, representatives, successors and assigns (collectively, the Released Parties ) from any and all liability in connection with this Offer, his/her participation therein and/or the awarding and use/misuse of the Reward or any portion thereof. 2. All Offer Redemptions become the property of BASF. This Offer is subject to all applicable federal, provincial and municipal laws. The decisions of BASF with respect to all aspects of this Offer are final and binding on all participants without right of appeal. 3. ANYONE DETERMINED BY BASF TO BE IN VIOLATION OF THESE TERMS FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF BASF AT ANY TIME. 4. The Released Parties will not be liable for: (i) any failure of the Website during the Offer; (ii) any technical malfunction or other problems relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any Offer Redemption or other information to be received, captured or recorded for any reason whatsoever, including, but not limited to, technical problems or traffic congestion on the internet or at any website; (iv) any injury or damage to an entrant s or any other person s computer or other device related to or resulting from participating in the Offer; and/or (v) any combination of the above. 5. BASF reserves the right, in its sole and absolute discretion, to amend or suspend this Offer (or to amend these Terms) in any way, in the event of an error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond the reasonable control of BASF that interferes with the proper conduct of this Offer as contemplated by these Terms. Any attempt to damage any website or to undermine the legitimate operation of this Offer in any way (as determined by Sponsor in its sole and absolute discretion) is a violation of criminal and civil laws and should such an attempt be made, BASF reserves the right to seek remedies and damages to the fullest extent permitted by law. BASF reserves the right, in its sole and absolute discretion, to cancel, amend or suspend this Offer, or to amend these Terms, in any way without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason whatsoever. 6. BASF reserves the right, in its sole and absolute discretion, and without prior notice, to adjust any of the dates, timeframes and/or other Offer mechanics stipulated in these Terms, to the extent necessary, for purposes of verifying compliance by any participant or Offer Redemption with these Terms, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of BASF, in its sole and absolute discretion, affect the proper administration of the Offer as contemplated in these Terms, or for any other reason. 7. In the event of any discrepancy or inconsistency between these Terms and disclosures or other statements contained in any Offer-related materials; these Terms shall prevail, govern and control to the fullest extent permitted by law. 8. All intellectual property used by BASF in connection with the promotion and/or administration of the Offer, including, without limitation, all trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned (or licensed, as the case may be) by BASF and/or its affiliates. All rights are reserved. Unauthorized copying or use of any such intellectual property without the express written consent of its owner is strictly prohibited. 9. In the event of a dispute regarding who submitted an Offer Redemption, the Sponsor reserves the right, in its sole and absolute discretion, to deem the Offer Redemption to have been submitted by the authorized

4 account holder of the address submitted at the time of participation. Authorized account holder is defined as the person who is assigned an address by an internet provider, online service provider, or other organization (e.g. business, educational institute, etc.) that is responsible for assigning addresses for the domain associated with the submitted address. A participant may be required to provide proof (in a form acceptable to BASF including, without limitation, government issued photo identification) that he/ she is the authorized account holder of the address associated with the Offer Redemption in question. Grower PIPEDA Consent BASF is committed to your right to privacy and keeping your personal information private. By agreeing below, you consent and authorize your retailer and other third parties to collect and disclose to BASF or BASF s third party service providers your transactional data, other information relating to your purchases and use of BASF agricultural products (including, for greater certainty, seed varieties licensed or distributed by or on behalf of BASF or any of its affiliates) (collectively the Information ). You also consent and authorize your retailer and other third parties to collect and disclose to BASF or BASF s third party service providers your personal information, as defined in federal and/or provincial privacy laws. By agreeing below, you agree to the collection, use and disclosure (including disclosure to BASF s affiliates, your retailer, authorized seed sellers or BASF s third party service providers) of your personal information and the Information by BASF or by BASF s third party service providers for the purposes of: (i) verifying BASF s marketing program payments to you; (iii) developing and administering BASF s marketing programs; (iv) developing, promoting and offering additional information, products and services to you; and (v) BASF s internal use. Except as provided in this consent, BASF will not sell or disclose your personal information to any third party, without your prior written consent (does not apply to Information). You may find out more about BASF s privacy practices by viewing its Privacy Policy on the BASF website. If you wish to know what personal information we have in our files about you, request a change to the personal information or wish to be removed from our mailing list, please contact us at Commercial Electronic Message Consent By agreeing below, you also consent and authorize BASF to send commercial electronic messages ( CEM ) (including, without limitation, s, text messages, instant messaging, social media messaging and any other messages sent by means of telecommunication) to your electronic addresses set forth below. Your consent is sought by Kenna Communications LP ( Service Provider ) for and on behalf of BASF. We may send CEM to you for the purposes of: (i) verifying BASF s marketing program payments to you; (ii) developing and administering BASF s marketing programs; and (iii) developing, promoting and offering additional information, products and services to you.

5 You may contact BASF at: Address: 100 Milverton Drive, 5th Floor, Mississauga, ON, L5R 4H1 Telephone: BASF (2273) You can find out more about BASF Canada at You may contact the Service Provider at: Address: Burnhamthorpe Rd. West, Mississauga, ON, L5B 3C3 Telephone: You can find out more about the Service Provider at You may withdraw your consent to receive CEM by contacting BASF or the Service Provider using the contact information set forth above. I have read and agree to the terms and conditions of the Offer I have read and agree to the Grower PIPEDA Consent and the Commercial Electronic Message Consent Always read and follow label directions. AgSolutions is a registered trade-mark of BASF Corporation, and OPTILL is a trade-mark of BASF SE; all used with permission by BASF Canada Inc BASF Canada Inc.