CONTEST DESCRIPTION: The Resicore® herbicide: Power to Do More contest (the “Contest”) begins at 12:00:00 a.m. Central
Time (“CT”) on 12/4/17 and ends at 11:59:59 p.m. (CT) on 4/22/18 (the “Contest Period”).
The Contest Period shall flow as follows:
A “Submission Period” beginning at 12:00:00 a.m. (CT) on 12/4/17 and ending at 11:59:59 p.m. (CT) on 2/11/18;
A “Finalist Judging Period” taking place from 2/12/18 through 3/25/18; and
A “Public Voting Period” beginning at 12:00:00 a.m. (CT) on 3/26/18 and ending at 11:59:59 p.m. (CT) on 4/22/18.
The Contest provides each eligible entrant with the opportunity to upload a photo of the power on his or her farm (e.g., fields, family, friends, pets, equipment, etc.) (the “Photo”) and answer a few questions about the Photo, the entrant’s favorite professional sports field and the “Community Space” the entrant would most like to help (each, collectively with the Photo, a “Submission”). For purposes of this Contest, a “Community Space” may be a community space, sports field, playground, etc., but final determination of a “Community Space” is subject to Sponsor’s approval. Organization to receive a Community Space must have 501c(3) tax-exempt designation. Eligible Submissions will be reviewed by a panel of qualified judges selected by “Sponsor” (as defined below) to select up to ten (10) Finalists whose Submissions will be posted online during the Public Voting Period for members of the general public to vote on to determine the grand-prize winners, as more fully set forth below.
By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Dow AgroSciences LLC (“Sponsor”), which shall be final and binding in all respects.
Each entrant into the Contest hereby irrevocably grants to Sponsor, its designees, its affiliates, its successors and its assigns the nonexclusive, irrevocable, fully paid, universal license to use, copy, sublicense, transmit, distribute, publicly perform, publish, delete or display the Submission in any media now known or hereafter devised, including, but not limited to, all forms of electronic media, print media and all forms of internet and wireless protocol in perpetuity and throughout the universe for advertising, marketing, publicity and promotional purposes in connection with the Contest and other promotions.
ELIGIBILITY: Open only to legal residents of the United States and District of Columbia — excluding those in Alaska, Arizona, California, Florida, Hawaii, Nevada, New Hampshire and Nassau and Suffolk counties in the state of New York — who are eighteen (18) years of age or older, derive their primary source of income in the farming industry and operate their own farming operations with a minimum of two hundred fifty (250) acres. Employees, officers and directors of Dow AgroSciences LLC, its parent company, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies (collectively, the “Contest Entities”) and the immediate family members, and/or those living in the same household of each, and individuals who are employed by a competitor of the Sponsor are ineligible to enter the Contest or win a prize. Contest is void where prohibited by law. All federal, state and local laws and regulations apply. Note: Any individual winner, organization/charity that received a prize and/or FFA chapter associated with an individual winner from last’s year Contest is not eligible to enter and/or win in this year’s Contest.
HOW TO ENTER: To enter, go online during the Submission Period and visit PowerToDoMore.com (the “Website”), locate the link to the Contest, complete the entry form with the information requested, answer the questions regarding your entry and follow the instructions to upload your Photo directly to the Website.
Each Submission that is submitted into the Contest must meet the following “Submission Requirements” (any Submission that, in Sponsor’s sole and absolute discretion, violates the following criteria will be disqualified):
Photo must be a .jpeg or .gif file no larger than 1 MB.
Submission must NOT contain or depict material that is (or promoting activities that are) sexually explicit, obscene, pornographic, violent (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), self-mutilating, discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g., underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane or harassing; or material that contains any derogatory references to any Contest Entities.
Submission must be entirely original to the Entrant and must NOT include mention or depiction of any copyrighted material.
Submission must NOT have been previously submitted to another Contest, broadcast on a media network or submitted to any entertainment entity that would conflict with this Contest, as determined in the Sponsor’s sole discretion.
Submission must NOT include materials that violate or infringe another person’s rights, including, but not limited to, privacy, publicity or intellectual property rights.
Submission must NOT include third parties/people who have not expressly authorized entrant to feature their image, name, likeness or personal information in the Submission or otherwise use such image, name, likeness or personal information in accordance with these Official Rules. Entrant must provide on request all appropriate clearances, permissions and releases for the Submission, including releases from all persons featured in the Submission (in the event an entrant cannot provide all required releases, Sponsor reserves the right, in Sponsor’s sole discretion, to disqualify the applicable Submission).
FINALIST SELECTION AND NOTIFICATION: At the conclusion of the Submission Period, up to ten (10) potential Finalists will be selected from among all eligible entries received by a panel of qualified judges selected by Sponsor. The Finalists will be selected based on the following equally weighted judging criteria: originality/creativity of Photo; relevancy of Photo (as it relates to the power on the entrant’s farm); originality of story/theme appropriate to entrant’s professional sports field pick; and entrant’s Community Space pick. The judging of Submissions will be conducted under the supervision of Sponsor, whose decisions are final and binding in all respects relating to winner selection. In the event of a tie, the tied Submissions will be judged by an additional judge who will serve as a tie-breaker by using the same criteria as outlined herein. The potential Finalists, as determined by the judging panel indicated above, will be notified by telephone, email and/or overnight mail on or about 3/30/18 and will be required to respond (as directed) to the notification attempt within seventy-two (72) hours of first attempted notification. The failure to respond timely to the notification may result in forfeiture of participation in the Contest and, in such case, Sponsor may select, according to the aforementioned judging criteria, an alternate potential Finalist. The potential Finalists will be required to execute and return an affidavit of eligibility, a liability release and, unless prohibited by law, a publicity release and other related documents required by the Sponsor (the “Finalist Documents”) within a reasonable amount of time, as determined by the Sponsor in its sole discretion. Additionally, the Community Space selected by the potential Finalists will be required to provide proof of its 501c(3) tax-exempt status to Sponsor or its designee as part of the Finalist verification process and Community Space tax-exempt status verification. Potential Finalists will not be eligible to proceed in the Contest until all properly completed Finalist Documents and Community Space tax-exempt status verification are received. Sponsor reserves the right to select fewer than ten (10) Finalists if there are fewer than ten (10) eligible entries or for any other reason in accordance with these Official Rules.
PUBLIC VOTING PERIOD AND WINNER SELECTION/NOTIFICATION: During the Public Voting Period, the confirmed Finalists’ Submissions will be made available for viewing on the Website, where visitors to the Website will have the opportunity to vote for their favorite Submission. Limit one (1) vote per person per day during the Public Voting Period. For purposes of these Official Rules, a “Day” is defined as any twenty-four (24) hour period during the Public Voting Period beginning at 12:00:00 a.m. (CT) and ending at 11:59:59 p.m. (CT). Any suspected or deliberate attempt to manipulate, or otherwise fraudulently tamper with the voting process, may result in disqualification of the voter and/or Finalist, at the Sponsor’s sole discretion. Fraudulent tampering includes, but is not limited to: (i) use of proxy voting; (ii) registering for multiple accounts and/or using multiple email addresses to establish accounts; (iii) offering any type of inducement or compensation (monetarily or otherwise) to any third party in exchange for a vote in any manner; or (iv) votes generated by a macro, script, bot or other fraudulent means in an attempt to manipulate the outcome of the Public Voting Period.
The grand-prize winners will be the three (3) Finalists who receive the most votes during the Public Voting Period. The potential grand-prize winners will be notified by telephone and/or email by using contact information provided at the time of entry and may have to complete any required “Prize Claim Documents” as directed by Sponsor. If, despite reasonable efforts, a potential winner does not respond within five (5) days of the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected based on the judging results. Sponsor, in its sole discretion, will attempt to contact up to three (3) potential winners of a prize in accordance with judging criteria noted above, after which the prize in question may go unawarded if it remains unclaimed. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If any potential winner does not respond within the time required by Sponsor, or if the winner notification is returned as unclaimed or undeliverable to any potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the prize for any reason, such potential winner will be disqualified and the prize may be awarded to the Finalist who receives the next most number of votes.
REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: Each person who enters this Contest represents and warrants as follows: (i) the Submission is the entrant’s own original, previously unpublished and previously unproduced work; (ii) the Submission does not contain any computer virus and is otherwise uncorrupted; (iii) as of the date of submission, the Submission is not the subject of any actual or threatened litigation or claim; and (iv) the Submission does not and will not violate any applicable laws and is not and will not be defamatory or libelous. Each entrant hereby agrees to indemnify and hold the Contest Entities harmless from and against any and all third-party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder.
GRANT OF RIGHTS: Each entrant into the Contest hereby irrevocably grants to Sponsor, its designees, its affiliates, its successors and its assigns the nonexclusive, irrevocable, fully paid, universal license to use, copy, sublicense, transmit, distribute, publicly perform, publish, delete or display the Submission in any media now known or hereafter devised, including, but not limited to, all forms of electronic media, print media and all forms of internet and wireless protocol in perpetuity and throughout the universe for advertising, marketing, publicity and promotional purposes in connection with the Contest and other promotions. Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate or alter a Submission for any purpose that Sponsor deems necessary or desirable, including blurring or otherwise removing any third-party trademarks (including, but not limited to, brand names, product names, logos, insignia, location signage, photographs, artwork, etc.) appearing in a Submission, and each entrant irrevocably waives any and all so-called moral rights they may have therein.
PUBLICITY RELEASE: By participating in the Contest, in addition to any other grants that may be granted in any other agreement entered into between Sponsor and any entrant in or winner of the Contest, each entrant irrevocably grants the Sponsor, its successors, its assigns and its licensees the right to use such entrant’s name, likeness, biographical information and Submission in any and all media for any purpose, including, without limitation, advertising and/or promotional purposes as well as in, on or in connection with the Website or the Contest or other promotions, and hereby releases the Sponsor from any liability with respect thereto. Additionally, Sponsor may require the Finalists and/or grand-prize winners to allow the Sponsor and/or its representatives to take additional photos and/or video of such Finalist’s and/or grand-prize winner’s home and field for purposes of the Contest and the publicity of same.
PRIZES AND APPROXIMATE RETAIL VALUES: Three (3) grand prizes are available. Each grand prize consists of the opportunity for the grand-prize winner and one (1) guest to attend a sporting event at the professional sports field of the winner’s choice (each, a “Trip”). Each Trip includes round-trip, coach-class air transportation from a major airport near winner’s home to a major airport near the professional sports field (airports selected at the sole discretion of Sponsor) for the winner and one (1) guest, two (2) nights’ hotel accommodation (one room, double occupancy), ground transportation in destination city as necessary and two (2) admission tickets to the sporting event. The approximate retail value (“ARV”) is $10,000 each winner. Additionally, each grand-prize winner will have the opportunity to select a local school, community group or organization to receive a Community Space or Community Space makeover (ARV $10,000 each winner). Before awarding prize, Community Space representative must complete a form supplied by the sponsor to validate the organization. It is of the sole discretion of the sponsor to award the prize or not, based on responses supplied on the form. Community Space can include, but not be limited to, baseball fields, football fields, school/community playground, etc. Organization to receive a Community Space must have 501c(3) tax-exempt designation and must provide proof of tax-exempt status to Sponsor, if requested. Representatives of Sponsor will make best efforts to work with the necessary parties to make over the space of each winner’s choice; however, Sponsor reserves the right, in its sole discretion, to work with an alternate site in the community of each winner should it be impossible or impractical to work with a winner’s designated local Community Space. Community Space will be awarded in the form of a $10,000 check to the selected, qualifying organization — subject to verification. Sponsor will have no responsibility and/or oversight for the Community Space creation or makeover.
The sporting event selected must take place in the contiguous United States and must be a regular season game/event. Trip must be completed by 12/31/18 or trip component of prize will be forfeited. Should the sporting event selected by the winner be unavailable for any reason, Sponsor reserves the right to select an alternate sporting event/destination. Each grand-prize winner’s guest must be eighteen (18) years of age or older, or if a guest is a minor, the grand-prize winner must be such guest’s parent or legal guardian. Each grand-prize winner and his or her guest must travel together on the same itinerary and possess all required travel documents, including a valid government-issued photo ID. Air transportation tickets may be nonrefundable/nontransferable and may not be valid for upgrades and/or frequent flyer miles. All air transportation tickets are subject to the vagaries of flight variation, work stoppages and schedule or route changes. ARV for the Trip may vary depending upon points of departure and destination and fare fluctuations. If the closest airport to a grand-prize winner’s home is in close enough proximity to Trip destination city so that, as Sponsor may determine in its sole discretion, a flight is unnecessary, such prizewinner will receive alternate transportation from the Sponsor with no further obligation to the winner. Prizewinner will not receive cash or any other form of compensation if actual Trip costs are less than the prize ARV in these Official Rules. Sponsor reserves the right to structure the travel route and select hotels in its sole discretion. In the event winner and/or his/her guest engages in behavior that (as determined by Sponsor in its sole and absolute discretion) is obnoxious, threatening, illegal or intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the trip or other applicable experience early, in whole or in part, and send winner and/or his or her guest home with no further compensation.
If a grand-prize winner is unable to participate in his/her Trip during the dates designated by Sponsor, the Trip will be forfeited in its entirety. In the event a grand-prize winner is able to participate in his/her Trip during the dates designated by Sponsor but the sporting event included in the Trip does not or cannot take place as scheduled or at all — for reasons such as, but not limited to, scheduling conflicts, cancellations, postponement, an event of force majeure or for any other reason — then the Sponsor reserves the right to award the remainder of the prize with no further obligation to the grand-prize winner. Excepting the preceding sentence, no cash alternative or prize substitutions will be allowed, except Sponsor reserves the right to substitute prize(s) of comparable value if a prize listed or any portion thereof is unavailable for any reason.
Grand-prize winners shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. Grand-prize winners must be willing to participate in a documentary capturing the creation or makeover of his/her local Community Space. Sponsor and/or its representatives may require that a grand-prize winner sign additional documents relating to his/her participation in any documentary. Contest Entities will require the winner to participate in the documentary, but they cannot guarantee that he/she will appear in the final edited version of any documentary.
GENERAL: Entrants agree that the Contest Entities: (i) shall not be responsible or liable for any losses, damages or injuries of any kind resulting from participation in the Contest or any Contest-related activity or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize; and (ii) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to the prizes, including, without limitation, to such prize’s quality or fitness for a particular purpose. Sponsor assumes no responsibility for any damage to an entrant’s computer system that is occasioned by accessing the Website or participating in the Contest or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, or delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, the Contest Entities are not responsible for: incomplete, illegible, misdirected, misprinted, late, lost, damaged or stolen submissions or prize notifications; lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites or other connections; miscommunications; failed, jumbled, scrambled, delayed or misdirected computer, telephone or cable transmissions; any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest or the Website, to be acting in violation of these Official Rules, to be acting in an unsportsmanlike or disruptive manner or to be acting with the intent to disrupt or undermine the legitimate operation of the Contest or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. In the event an insufficient number of eligible entries are received or Sponsor is prevented from awarding prize(s) or continuing with the Contest as contemplated herein by any event beyond its control, Sponsor shall have the right to modify, suspend or terminate the Contest. If the Contest is terminated for any reason before the designated end date, Sponsor will (if possible) select the potential Semi-Finalists or winner from all eligible, nonsuspect entries received as of the date of the event giving rise to the termination. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with the law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
NO OBLIGATION TO USE: Sponsor shall have no obligation (express or implied) to use any Submission or any other materials gathered for the Contest, to otherwise exploit any Submission or any other materials gathered for the Contest or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of any Submission or any other materials gathered for the Contest for any reason, with or without legal justification or excuse, and entrants shall not be entitled to any damages or other relief by reason thereof.
GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE CONTEST SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF INDIANA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
WINNERS LIST: For names of winners, send a self-addressed, stamped envelope by 7/20/18 to: Resicore® Herbicide: Power to Do More Contest, Attn: Winners List, P.O. Box 510138, Milwaukee, WI 53203. Winners list to be available after 5/20/18.
SPONSOR: Dow AgroSciences LLC, 9330 Zionsville Road, Indianapolis, IN 46268.
NO PURCHASE NECESSARY. Limit one (1) vote per person per day. Voting begins on 3/26/18 at 12:00:00 a.m. (CT) and ends on 4/22/18 at 11:59:59 p.m. (CT). Anyone may vote for finalists. Contest is open only to legal residents of the United States and District of Columbia — excluding those in Alaska, Arizona, California, Florida, Hawaii, Nevada, New Hampshire and Nassau and Suffolk counties in the state of New York — who are eighteen (18) years of age or older, derive their primary source of income in the farming industry and operate their own farming operations with a minimum of two hundred fifty (250) acres. Subject to complete Official Rules at PowerToDoMore.com. Void where prohibited. Sponsor: Dow AgroSciences LLC, 9330 Zionsville Road, Indianapolis, IN 46268.