Congratulations to Eric Cletis Acton from Columbia, Missouri.
His photo was randomly selected as the winner of the Bayer #Indemnify Twitter contest!
Bayer Fall 2017 #Indemnify #Contest
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. YOU HAVE NOT YET WON. MUST BE A LEGAL RESIDENT OF THE UNITED STATES, INCLUDING PUERTO RICO, AT LEAST 18 (OR 19 FOR RESIDENTS OF AL & NE OR 21 FOR RESIDENTS OF PUERTO RICO) YEARS OF AGE AS OF THE DATE OF ENTRY INTO SWEEPSTAKES WHO RECEIVE THE SEPTEMBER ISSUE OF GOLF COURSE INDUSTRY MAGAZINE. VOID IN ALL US TERRITORIES EXCEPT PUERTO RICO, AND WHERE PROHIBITED BY LAW.
PLEASE NOTE: THE WINNER OF THIS SWEEPSTAKES MUST BE VERIFIED AND MUST BE EMPLOYED AT A LABELED USE SITE FOR INDEMNIFY® IN A STATE THAT HAS BEEN APPROVED FOR USE AT THE TIME OF PRIZE FULFILLMENT.
Sponsor & Prize Provider: Bayer CropScience LP, P.O. Box 12014, Research Triangle Park, North Carolina 27709.
Sweepstakes Entities & Administrator: Bayer CropScience LP ("Bayer" or “Sponsor”).
1. Acceptance of Official Rules: By entering the Bayer “Fall 2017 #Indemnify #Contest" Sweepstakes (the "Sweepstakes") you hereby accept and agree to these official rules (the "Official Rules") of this Sweepstakes, and the decisions of the Administrator in connection with this Sweepstakes, whose decisions are final.
2. Eligibility: This Sweepstakes is offered and open to persons who are legal residents of the 50 United States, District of Columbia or Puerto Rico (“PR”) who have received the September issue of Golf Course Industry magazine, and who are at least 18 years of age or older (or 19 or older for residents of AL & NE, or 21 or older for residents of PR). This Sweepstakes is void in all United States territories and possessions other than PR, outside the United States, and where prohibited by law. Employees and directors, and their immediate family members, of the Sweepstakes Entities, and their respective parent companies, affiliated and subsidiary companies, franchisees, representatives, advertising and promotion agencies, agents, and legal advisors are not eligible to participate in this Sweepstakes. For purpose of the foregoing "immediate family" means parents, spouses, children, siblings or any members of the same households of such employees and directors.
3. Sweepstakes Period: The Sweepstakes begins at 9:00:00 AM Central Time (“CT”) on September 15, 2017 and ends at 11:59:59 PM CT on November 15, 2017 (the "Sweepstakes Period").
4. Entering: To enter, eligible entrants should look for the Bayer Indemnify® sticker inside the September issue of Golf Course Industry magazine, take a picture of the sticker, and tweet the picture using the hashtags #Indemnify #Contest on Twitter to receive one (1) automatic entry into the Sweepstakes random drawing. Limit: One (1) entry per person throughout the entire Sweepstakes Period. Any entry that does not contain the proper hashtags #Indemnify #Contest will not be a valid entry. All entries must be received by 11:59:59 PM CT on November 15, 2017 to be eligible for the random drawing.
PLEASE NOTE: To enter, entrants must adjust their Twitter account settings to allow for receipt of messages from Sponsor. For this purpose, entrants will have to set their Twitter account settings to ‘Public', and take any further necessary steps to ensure receipt of any communication from Sponsor. It is solely entrant's burden to take any steps necessary to adjust their Twitter account settings so that messages can be sent by Sponsor. An entrant's non-receipt of a message from Sponsor for any reason, including for failure on behalf of entrant to adjust Twitter account settings, shall be entrant's, and not Sponsor’s fault. Similarly, Sponsor shall not be held liable if they are not able to view an entrant's entry for any reason, including the failure on behalf of entrant to adjust their Twitter account settings accordingly. By entering this Sweepstakes, each entrant agrees that the Sponsor has the right to contact the entrant by direct message via entrant’s Twitter account provided upon registrations to administer and fulfill this Sweepstakes.
This Sweepstakes is not sponsored, endorsed, administered by or associated with Twitter. By entering, you are providing the information to Sponsor, and not to Twitter. WHEN YOU UPLOAD YOUR PHOTO YOU AUTHORIZE SPONSOR TO USE YOUR PHOTO WITHOUT COMPENSATION OR PRIOR APPROVAL IN PERPITUITY FOR ANY AND ALL PURPOSES.
5. Prize (the "Prize") and Approximate Retail Value (“ARV”): One (1) Grand Prize – A FREE bottle of Bayer Indemnify®. ARV: $1,650 Prize includes only those items specifically listed as part of the prize.
6. Prize Restrictions: In order to be eligible to be deemed the Grand Prize winner, the potential Grand Prize winner must be verified by Sponsor and must be employed at a labeled use site for Indemnify® in a state that has been approved for use at the time the prize is fulfilled. If winner cannot meet these requirements, he/she will forfeit his/her right to the Grand Prize, and the Grand Prize will be awarded to an alternate winner, time permitting. No assignment, transfer, conversion to cash or substitution of a Prize is permitted unless approved by Sponsor in writing, except Administrator reserves the right to substitute a Prize with a prize of comparable or greater value should a Prize or its components become unavailable. Prize is solely for personal use and may not be used in conjunction with any other promotion. All Prize details are at the sole discretion of the Sweepstakes Entities.
7. Odds/Random Drawing/Winner Notification: Winner will be selected in a random drawing from among all eligible entries received throughout the Sweepstakes Period which shall occur on or about November 16, 2017 and shall be conducted by Sponsor. Winner will be notified by direct message through Twitter. If a potential winner cannot be reached after a reasonable effort has been made during three (3) business days from the first notification attempt, such person may be disqualified, with an alternate Prize winner may be selected in accordance with these Official Rules, time permitting. Only two attempts for new alternates will be conducted. If attempts fail, the unclaimed Prize will not be awarded. Odds of winning depend on the number of eligible entries received. Decisions of Sponsor and/or Administrator are final and binding in all respects.
8. Prize Taxes: All federal, state, local and other tax obligations arising from this Sweepstakes, including, without limitation, winning a prize, will be the sole responsibility of the Prize Winners. Winners may receive a Form 1099-MISC for the tax year 2017.
9. Liability Release and Publicity Release: The Winner may be required to complete, execute and return an affidavit of eligibility, liability release, and where lawful, a publicity release (collectively, the "Release Forms") within five (5) days of receipt of such Release Forms via notification of winning correspondence. Failure to return Release Forms in a timely manner, or if the Prize notification or the Prize is returned as non-deliverable, or if a Prize winner is found not to be eligible or not in compliance with these Official Rules, may result in disqualification with an alternate Prize winner selected in accordance with these Official Rules.
10. Publicity Release Terms. Except where prohibited by law, the Prize winner’s acceptance of the Prize constitutes permission for the Sweepstakes Entities, its licensors and owners to use Prize winner's name, photograph, likeness, statements, biographical information, voice, and address (city and state) worldwide and in all forms of media, in perpetuity, without further compensation.
11. Improper Conduct: Administrator, in its sole discretion, may disqualify any entrant from participation in or use of any or all portions of this Sweepstakes, and refuse to award the Prize, if participant engages in any conduct Administrator deems to be improper, unfair or otherwise adverse to the operation of the Sweepstakes or detrimental to other entrants of the Sweepstakes. Such improper conduct includes, without limitation, falsifying personal information required during registration or prize claim, violating any term or condition stated herein, accumulating entries through methods such as automated computer scripts or any other programming techniques, allowing others to use entrant's personal information for the purpose of accumulating entries, or intentionally trying to defraud, reverse engineer, disassemble or otherwise tamper with the computer programs in connection with this Sweepstakes. Participants agree that Administrator may void any part of the Prize that participant may have won and/or require the return of any part of the Prize that participant may have won as a result of such improper conduct. Participant further acknowledges that any forfeiture of the Prize and/or return of the Prize shall in no way prevent Administrator from pursuing other avenues of recourse such as criminal or civil proceedings in connection with such conduct. WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, EACH OF THE SWEEPSTAKES ENTITIES RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
12. Integrity of Sweepstakes: If, for any reason, the Sweepstakes is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, scheduling changes or any other causes which Administrator and/or Sponsor, in either party’s sole opinion believes could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Administrator and/or Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend this Sweepstakes and select the Prize winner from entries received prior to the action taken or in such other manner as Administrator and/or Sponsor may deem fair and appropriate.
13. Lost or Corrupted Entries: The Sweepstakes Entities, and their parents, affiliated and subsidiary companies, licensors, and advertising and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, lost, late, incomplete, corrupted, stolen, misdirected, illegible or postage due entries or mail, if applicable; or for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, unauthorized human intervention, or the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information. The Sweepstakes Entities, and their parents, affiliated and subsidiary companies, licensors, advertising and promotion agencies, are not responsible for any incorrect or inaccurate information, whether caused by registration information submitted by end users or tampering, hacking, or by any of the equipment or programming associated with or utilized in this Sweepstakes, and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the Sweepstakes.
14. Damaged Property: Sweepstakes Entities, and their parents, affiliated and subsidiary companies, licensors and advertising and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, injury or damage to any entrants or to any other person's computer or property related to or resulting from participating in this Sweepstakes or downloading materials from this Sweepstakes.
15. Sweepstakes Errors: The Sweepstakes Entities, and their parents, affiliated and subsidiary companies and advertising and promotion agencies and licensors, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, errors and/or ambiguity: (a) in the Sweepstakes; (b) in any related advertising or promotions of this Sweepstakes; and/or (c) in these Official Rules. In the event of any ambiguity(s) or error(s) in these Official Rules, Administrator reserves the right to modify these Official Rules for clarification purposes or to correct any such ambiguity or error(s) without materially affecting the terms and conditions of the Sweepstakes.
16. Prizes and Prize Winner: The Sweepstakes Entities, and their parents, affiliated and subsidiary companies and advertising and promotion agencies and licensors, assume no liability and are not responsible for, and you/entrant hereby forever waive/s any rights to any claim in connection with, the selection and announcement of the Prize winner, the distribution of the Prize, the acceptance/possession and/or use/misuse of any part of the Prize and/or any injury or damage to any entrant's or third person's property related to or resulting from any part of the Prize or any part of this Sweepstakes.
17. Release and Indemnity: Each entrant in this Sweepstakes, including, without limitation, the Prize winner, hereby release and agree to hold harmless the Sweepstakes Entities and their parents, affiliates, subsidiaries, advertising and promotion agencies and licensors, and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of the Prize, participation in this Sweepstakes and participation in any activity related to this Sweepstakes.
18. Limitation of Liability: IN NO EVENT WILL THE SWEEPSTAKES ENTITIES, THEIR PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES, LICENSORS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SWEEPSTAKES OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE SWEEPSTAKES. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
19. Disclaimer of Warranties: THE SWEEPSTAKES AND PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
20. Binding Arbitration: The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules and/or this Sweepstakes. Any controversy or claim arising out of or relating to these Official Rules and/or this Sweepstakes shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of North Carolina, in the City of Raleigh, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
21. Governing Law and Jurisdiction: This promotion is governed by US law and is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Administrator in connection with this Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of North Carolina, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 21 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the state and federal courts in North Carolina.
22. Winner List/Official Rules: For the names of the Prize Winners, or a copy of the official rules, visit BackedByBayer.com/IndemnifyContestRules before November 30, 2017.