Bayer® Maxforce® Fleet™ Week Review Promotion 2018 

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 AT LEAST 18 (OR 19 FOR RESIDENTS OF AL & NE) YEARS OF AGE AS OF THE DATE OF ENTRY INTO SWEEPSTAKES WHO ARE PEST MANAGEMENT PROFESSIONALS. VOID IN PUERTO RICO, ALL US TERRITORIES AND WHERE PROHIBITED BY LAW.


1. Sponsor: Bayer CropScience LP, P.O. Box 12014, Research Triangle Park RTP, North Carolina 27709.
2. Sweepstakes Entities & Administrator: Bayer CropScience LP ("Bayer" or “Sponsor”), and Arrowhead Promotion & Fulfillment Co., Inc (“Administrator” and together with Bayer, the “Sweepstakes Entities”). 

3. Acceptance of Official Rules: By entering the “Bayer® Maxforce Fleet Review Promotion 2018” (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. 

4. Eligibility: This Sweepstakes is offered and open to persons who are legal residents of the 50 United States and District of Columbia who are at least 18 years of age or older (or 19 or older for residents of AL & NE) who are Pest Management Professionals as of the date of entry. This Sweepstakes is void in Puerto Rico, all United States territories and possessions, 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. 

5. When to Enter: The Sweepstakes begins on April 20, 2018 at 12:00:01 AM Central Time (“CT”) and ends at 11:59:59 PM CT on July 14, 2018 (the "Sweepstakes Period"). The Sweepstakes Period consists of an entry period, which shall begin at 12:00:01 AM CT on April 20, 2018 and end at 11:59:59 PM CT on June 15, 2018 (“Entry Period”); and a review period which shall begin at 12:00:01 AM CT on April 27, 2018 and end at 11:59:59 PM CT on July 14, 2018 (“Review Period”). 

6. Entering: To enter, visit Maxforce Fleet Week website at backedbybayer.com/fleetweek (the “Website”) during the Entry Period. Once there, request your FREE sample of Maxforce® Fleet™. Then, during the Review Period, visit the Website, find the Sweepstakes mention on the page, to complete the entry form submit your complete name, street address, city, state and zip code (no PO Boxes), email address, and telephone number (collectively, “Entry Form”). Then, submit a review about your personal experience with your sample of Maxforce® Fleet on the Website by submitting either of the following (each, your “Testimonial”): (1) a written testimonial (with or without an accompanying photo attached); or (2) a video about your experience. Then agree to the Official Rules and the Testimonials and Likeness Release, to receive one (1) entry into the random drawing. Upon submitting the completed Entry Form, Testimonial, and agreeing to the Official Rules and Testimonials and Likeness Release, each entrant will also automatically receive a Maxforce® branded Tervis tumber. 

By submitting a Testimonial, entrant represents, warrants and agrees that the Testimonial depicts a true and accurate description of the personal experiences and beliefs about the Maxforce Fleet product. Further entrant hereby unconditionally grants to Sponsor and its employees, officers, independent contractors, agents, affiliates, representatives, successors and assigns, and all persons acting under its permission or authority, the absolute and unconditional right and permission to use the Testimonial, entrant’s name and likeness, to record, edit, copyright, or otherwise perfect ownership, in Sponsor’s name or otherwise, and use, re-use, publish, re-publish, sell, assign, retouch and reproduce the Testimonial and biographical information, or in which entrant may be included, in whole or in part, or composite or distorted in character or form, without restrictions as to changes or alterations, in conjunction with entrant’s own or a fictitious name, or reproductions thereof in color or otherwise, made through any medium, and in any and all media, including but not limited to local and national cable, network and spot television, video on demand, internal business videos or programs, print, digital, internet, and electronic media, now or hereafter devised, for promotion, art, advertising, trade, or any other purpose whatsoever throughout the universe in perpetuity. 

Limit: One (1) Entry per person during the entire Sweepstakes Period. 

5. Photo/Video Criteria: Entrants agree to and understand that Photo or Video entries may be made available to the public, including without limitation, posting on the Internet, and may appear in Sponsor’s advertising and marketing materials without notice or compensation to you. Whether or not Photo or Video entries are published on the Internet, Sponsor does not covenant or guarantee any confidentiality with respect to any Photo or Video entries. 

i. Each Photo or Video submitted must be an original creation of the submitting entrant which is under no restriction, contractual or otherwise, that will prevent Sponsor's use of the Photo or Video and each Photo or Video must be free of any and all liens, encumbrances and claims of third parties. Entrant acknowledges, agrees and warrants that, nothing in the Photo or Video entry infringes on any copyrights, confidential information, trade secrets or trademarks belonging to any person or entity other than the Photo or Video entrant absent a suitable license, clearance or permission agreement (proof of which is required upon submission), or violates any person's rights of privacy or publicity and that all necessary releases and permissions have been secured. Entrant agrees to indemnify and hold harmless each of the Promotion Entities and their respective parent, subsidiaries, and affiliates and each of their respective officers, directors and employees, from and against any and all claims, demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon or arise out of any breach by entrant of these Official Rules or the warranties and representations made by entrant in this paragraph. Modifying, enhancing or altering a third party's preexisting work does not qualify as entrant's original creation. 

ii. By uploading a Photo or Video the entrant agrees, for zero compensation, to grant to Sponsor all intellectual property rights in the Photo or Video and each of its constituent parts, which rights include, without limitation, the Sponsor's right to publish, make available to the public and/or reproduce the Photo or Video at its sole discretion through any media available at any time during, or after, the Sweepstakes Period on any related websites, in any promotional materials, whether related or un-related to the Sweepstakes, and at any location, whether physical or online. Entrant agrees to release, defend, indemnify and hold harmless each of Promotion Entities, and each of their parent, subsidiaries, and affiliates and each of their respective owners, employees, directors, officers, agents, and subcontractors from all claims, demands, and causes of action of any nature whatsoever which entrant or entrant's heirs, representatives, executors, administrators, or any other persons acting on entrant’s behalf or on behalf of entrant’s estate, have or may have by reason of: (i) Sponsor's exercise of any rights granted by entrant in this paragraph; (ii) claims based on violation of any right of publicity or rights of personality, infringement of copyright or trademark, libel, slander, defamation, invasion of privacy, loss of earnings or potential earnings in connection with Sponsor's use of the Photo/Video and any portion thereof, or the likeness of any natural person therein. 

iii. Entrants are responsible for securing necessary permissions, talent and location releases, and licenses for any visual material contained in the Photo/Video. 

iv. Photos or Videos must not contain material that: (1) Contains or depicts someone smoking, intoxicated, or using illegal substances, or any paraphernalia related to any of the above; (2) Violates or infringes another's rights, including without limitation, privacy, publicity or intellectual property rights; (3) Contains material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; (4) Contains any unacceptable clothing or adornments, or displays any commercial/corporate advertising other than that of Sponsor (including but not limited to corporate logos, brand names, trademarks, slogans, political, personal and religious statements); (5) Contains indecent or unsafe behavior or situations, profanities or obscenities, including but not limited to nudity, or pornography, or is otherwise inappropriate, profane, obscene, hateful, tortious, slanderous or libelous; (6) References persons or organizations without their written permission; (7) Disparages any persons or organizations; (8) Includes threats to any person, place, business, or group; (9) Is unlawful, in violation of or contrary to all applicable federal, state, or local laws and regulations. 

Failure of any Photo or Video to comply with the preceding requirements and restrictions, as determined by Sponsor, in its sole discretion, may result in disqualification of entrant’s entry. Without limitation, Sponsor reserves the right in its sole discretion to disqualify any entry that, in their sole opinion, refers, depicts or in any way reflects negatively upon the Sponsor, the Sweepstakes or any other person or entity, does not comply with these Official Rules or if Sponsor receives notification about any potential infringements or breaches of law or any other reason set forth herein. Photo/Videos must be suitable for presentation in a public forum, in sole determination of Sponsor. 

6. Five (5) Grand Prizes (one (1) per Daily Drawing as defined in Official Rule #8 below): A set of four (4) Weather Tech floor liners. ARV: $300.00 each. Subject to the manufacturers warranties and guarantees. Total ARV of all prize is $1,500.00. 

7. Prize Restrictions: Certain terms and restrictions may apply and will be furnished upon prize delivery. No assignment, transfer, conversion to cash or substitution of a Prize is permitted, 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. Prizes are 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. 

8. Odds/Drawing/Winner Notification: Prizes will be awarded by a series of random drawings, one drawing per day will occur on the following dates: July 23, 2018, July 24, 2018, July 25, 2018, July 26, 2018 and July 27, 2018 (each, a “Daily Drawing”). Odds of winning depends on the number of eligible entries received in the Sweepstakes Period. All non-winning entries from any Daily Drawing WILL be carried over to subsequent Daily Drawings. The drawings will be conducted by Administrator, whose decisions are final and binding in all respects. Potential Prize winners (the "Prize Winners") will be notified by email and/or by phone within 7 days from each drawing date. If potential Prize Winners cannot be reached after a reasonable effort has been made during five (5) business days from the first notification attempt, such person may be disqualified, with an alternate Prize Winner selected in accordance with these Official Rules. Only two attempts for new alternates will be conducted. If attempts fail, unclaimed Prize will not be awarded. 

9. 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. 

10. Liability Release and Publicity Release: Prize Winners may be required to complete, execute and return a 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 a Prize notification or a 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. 

11. Publicity Release Terms. Except where prohibited by law, Prize Winner's acceptance of a 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. 

12. 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 a Prize or any part of a Prize, if entrant 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 entrant 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. Entrants agree that Administrator may void any part of a Prize that entrant may have won and/or require the return of any part of a Prize that entrant may have won as a result of such improper conduct. Entrant further acknowledges that any forfeiture of a Prize and/or return of a 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. 

13. 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, cancellation of show, scheduling changes or any other causes which Administrator, in its sole opinion believes could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Administrator 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 may deem fair and appropriate. 

14. 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. 

15. 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. 

16. 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. 

17. 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 a Prize Winner, the distribution of a Prize, the acceptance/possession and/or use/misuse of any part of a Prize and/or any injury or damage to any entrant's or third person's property related to or resulting from any part of a Prize or any part of this Sweepstakes. 

18. Release and Indemnity: Each entrant in this Sweepstakes, including, without limitation, a Prize Winner, hereby releases and agrees 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 a Prize, participation in this Sweepstakes and participation in any activity related to this Sweepstakes. 

19. 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. 

20. 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. 

21. Identity Disputes: In the event of a dispute as to the identity of a winner based on an email address, the winning entry will be declared made by the Authorized Account Holder of the email address submitted at time of entry. For purposes of these Official Rules, "Authorized Account Holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. 

22. 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 Cary, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. 

23. 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 of North Carolina, in the City of Cary. 

25. Winner List/Official Rules: For the name of the Prize Winners send a self-addressed stamped envelope for receipt by  June 14, 2017 to "Winner's list Bayer® Maxforce Fleet Review Promotion 2018” PO Box 8006-WL, Grand Rapids, MN 55745-8006. For a copy of the Official Rules, visit www.backedbybayer.com/fleetweek, or send a self-addressed stamped envelope to the above address marked "Official Rules Bayer® Maxforce Fleet Review Promotion 2018” PO Box 8006-OR, Grand Rapids, MN 55745-8006 for receipt by July 30, 2018; residents from VT may omit postage on the self-addressed envelope.






STATEMENT OF CONSENT


I understand my testimonial provided in connection with my experience with Bayer Corp’s (“Advertiser”) product Maxforce Fleet (the “Product”), may be used in connection with publicizing and promoting the Product. I authorize Advertiser (and its agencies, if applicable) to use my name, brief biographical information, and the Testimonial as defined on this form. I represent and warrant that the statements made in my Testimonial are an expression of my personal experience and belief about the Product. I agree that to the extent I shall require a product in its category, that I shall continue to use the Product for the duration the Testimonial is aired/used by Advertiser.


In consideration for the opportunity to appear in and provide my personal opinion about the Product for Advertiser’s website, marketing and advertising materials, and for other good and valuable consideration, I hereby unconditionally grant to Advertiser and its employees, officers, independent contractors, agents, affiliates, representatives, successors and assigns, and all persons acting under its permission or authority, the absolute and unconditional right and permission to use my Testimonial, name and likeness, to record, edit, copyright, or otherwise perfect ownership, in Advertiser’s name or otherwise, and use, re-use, publish, re-publish, sell, assign, retouch and reproduce my Testimonial and biographical information, or in which I may be included, in whole or in part, or composite or distorted in character or form, without restrictions as to changes or alterations, in conjunction with my own or a fictitious name, or reproductions thereof in color or otherwise, made through any medium, and in any and all media, including but not limited to local and national cable, network and spot television, video on demand, internal business videos or programs, print, digital, internet, and electronic media, now or hereafter devised, for promotion, art, advertising, trade, or any other purpose whatsoever through out the universe in perpituity.  I understand that Advertiser is under no obligation to use in any way any of the material as set forth herein.


I hereby unconditionally waive any right that I may have to inspect or approve the finished advertisements or marketing materials using my Testimonial, name or biographical information and the copy or materials that may be used in connection therewith or the use to which the same may be applied. I hereby waive, release, forever discharge and agree to indemnify and hold harmless Advertiser from any and all liability, cost or expense, including reasonable attorneys fees, arising from any claim, including any personal property right claim, claims for libel or invasion of privacy and any other claims which I have or which I may have in the future in connection herewith.


By sending electronic authorization to Advertiser, I hereby warrant and represent to Advertiser that (i) I am at least the age of majority or older, (ii) have every right to contract in my own name in the manner set forth herein without obtaining the consent or approval of any other part, (iii) have read this Agreement prior to signing it, and fully understand the contents thereof, and effect and legal impact of this Agreement, and (iv) am not violating the terms, conditions or restrictions contained in any other agreement, written or oral, by entering into this Agreement including but not limited to any union, or other guild agreements.  I agree that this Agreement shall be binding upon me and my heirs, legal representatives, successors and assigns.




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