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ESN 5 Tons Contest

Contest Rules

Handful of ESN fertilizer.

5 Tons of ESN 2024 Contest

Official Rules

NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

  1. SPONSOR: 5 Tons of ESN Contest (the “Contest”) is sponsored by Nutrien Premium Fertilizer Technologies, 5296 Harvest Lake Dr. Loveland, CO 80538.
  2. ELIGIBILITY: This Contest is open only to legal residents of the United States who have reached the age of majority at the time of entry and who intend to farm a minimum of 1,000 acres of crop. Void where prohibited.

This Contest is not open to any of the following:

  1. Employees of or individuals providing consulting services (directly or indirectly) to the Sponsor or any of its affiliates, subsidiaries, related corporations, departments, agencies, franchisees, suppliers or advertising and promotional agencies.
  2. Employees of or individuals providing consulting services (directly or indirectly) to any of the entities or individuals contributing prizes to this Contest or any of their respective affiliates, subsidiaries, related corporations, departments, agencies, franchisees, suppliers or advertising and promotional agencies.
  • Individuals and any other parties involved in any way in the development, production, distribution or administration of Contest materials, products or services or individuals employed by or providing consulting services (directly or indirectly) to any entity involved in any way in the development, production, distribution or administration of Contest materials, products or services.
  1. Family Members of any of individuals described in sections 2(i)-(iii) above. For the purpose of this Contest, “Family Members” of an individual shall include spouses (married or common law), parents, grandparents, siblings or step-siblings, children or step-children, grandchildren or grand step-children.
  2. Any person residing in the same residence as any of the individuals described above in sections 2(i)-(iii) above.

By participating in this Contest, entrants acknowledge compliance with, and agree to be bound by, these Contest Rules.  Entrants who do not comply with all of these Contest Rules are subject to disqualification by the Sponsor, in the Sponsor’s sole and absolute discretion.

  1. CONTEST ENTRY PERIOD: Contest begins August 27, 2024 at 8:00 a.m. CST and ends August 29, 2024 at 4:00 p.m. CST (The “Contest End Date”) after which time this Contest will be closed and no further entries shall be accepted.
  2. HOW TO ENTER: You can enter this Contest by completing the survey at the Farm Progress Show in Boone, Iowa. You will be required to provide your contact information, including your first and last name, e-mail address, telephone number, town/city and state before the Contest End Date. Limit 1 entry per person for the Contest.

Any attempt or suspected attempt to use robotic, automatic, programmed, or otherwise, illicit means to enter this Contest, or any other methods not authorized by these Contest Rules (for example, but not limited to, creating multiple accounts, identities, or registrations), all in the Sponsor’s sole discretion, shall be deemed as tampering and may disqualify you from entering, participating and/or winning a prize. Entriesthat contain false or incomplete information are void.  Entries that are late, lost, stolen, illegible, contain false information, are damaged, misdirected, mutilated, garbled or incomplete, altered or otherwise irregular or that do not conform with or satisfy any of these Contest Rules are void. No correspondence will be entered into except with selected entrants. Proof of transmission (screenshots or captures, etc.) does not constitute proof of entry or receipt of an entry.

  1. GRAND PRIZE: There is a total of one (1) grand prize available to be won. Grand prize is 5 tons of ESN Smart Nitrogen fertilizer. Prize will be delivered from a local retailer to farm operated by winner. Winner must claim prize and arrange for delivery within stated time.

The winner assumes any and all liability for any injury or damage caused, or claimed to be caused, by entering participating in this Contest or use or redemption of the prize. The prize must be accepted as awarded and has no cash value. The prize or any portion thereof cannot be combined with other discounts, promotions or special offers. Sponsor reserves the right to substitute an alternate prize (or component of the prize) of equal or greater value if the advertised prize, or a component of the prize, is unavailable at time of award. The Sponsor may select all components of the prize, including but not limited to all prize suppliers and products, in its sole discretion.

No cash equivalent for the prizes, the prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the listed prize, or any part thereof, for one of equal or greater value for any reason. Winner is responsible for all taxes, duties, and fees associated with prize receipt and/or use. All federal, state, and local tax liabilities, as well as any other costs and expenses not specified herein as being awarded are the sole responsibility of the Winner. Winner may be required to complete and return an IRS W-9 form (i.e. Request for Taxpayer Identification Number and Certification). Prize will be awarded only if the Winner fully complies with these Official Rules. Total approximate retail value of all prizes is US$4,000.

  1. ODDS OF WINNING: The odds of winning depend on the number of eligible entries received.
  2. WINNER SELECTION AND CONFIRMATION: On or about August 29, 2024 at Farm Progress Tradeshow (Iowa) (“Draw Date”), an employee, agent or other representative of the Sponsor will conduct a random draw for the prize from all the eligible entries received by the Contest End Date and select the potential winner (“Selected Entrant”). The Selected Entrant will be deemed a winner if they meet the eligibility criteria set out in these Contest Rules. If a Selected Entrant does not meet the eligibility criteria, he/she will be disqualified and will not receive the prize and another entrant will be selected by way of a random draw from the remaining eligible entries for the prize. Before being declared a winner, a Selected Entrant will be required to: (i) sign and return the Sponsor’s Affidavit of Eligibility and Release form (“Winner Release”); and (ii) comply with all other Contest Rules, all in the sole and absolute discretion of Sponsor.

The Selected Entrant will be notified within one (1) business day of the draw and will be contacted by the e-mail or telephone number provided by them when they entered into this Contest and up to three (3) attempts will be made within thirty-six hours following the draw to contact the Selected Entrant. A Selected Entrant that does not accept the prize, cannot accept the prize for any reason, including because they have not complied with any of these Contest rules, or cannot be contacted within the thirty-six (36) hours will be forfeited and a new Selected Entrant will be selected by random draw, in the Sponsor’s sole and absolute discretion. A signed copy of the Sponsor’s Winner Release must be received by Sponsor by within the stated time.

Disputes regarding identity of entrant: If the identity of a Selected Entrant is disputed, the entry will be deemed to have been submitted by the Authorized Account Holder (the individual assigned to the e-mail address or, if applicable for entry, social media handle associated with the entry). Selected Entrants may be required to provide proof that he/she is the Authorized Account Holder associated with the selected entry.

  1. RELEASE AND INDEMNIFICATION: The winner must sign the Sponsor’s Winner Release to: (i) confirm compliance with these Contest Rules; (ii) agree to accept the prize as awarded; (iii) release, discharge and hold harmless the Sponsor, AdFarm their departments and agencies, parent, related and affiliated companies, subsidiaries, franchisees, advertising and promotional agencies, counsel, marketing partners, including Facebook and Instagram if the Contest is marketed on those platforms and each of their respective directors, officers, employees, shareholders, successors, sponsors, partners, licensees, subsidiaries, agents, artists, advisors, assignees, and all others associated with the administration, development and execution of this Contest (the “Released Parties”) from and against any and all manner of action, cause of action, claim or demand, loss or injury related to use or misuse of a prize and the use of the Entry by the Sponsor or any related suit, debt, covenant, contract, including legal fees and expenses, whatsoever, including but not limited to, claims based on negligence, breach of contract and fundamental breach, failure of any third party contractor or supplier used in connection with any aspect of this Contest to perform or deliver or use of any goods or services, any act of God or any other event beyond the Released Parties’ control, any dissatisfaction of any kind by a winner with any aspect of this Contest or any prize, liability for physical injury, death, or property damage which the entrants, guests, their heirs, successors or assigns have, might have or could have suffered, by reason of or arising out of the entrant’s participation in this Contest and/or in connection with the acceptance and/or exercise by the entrant and/or use of the prize as awarded, the failure or partial failure of the winner’s crop relating to the prize including, but not limited to, as a result of the agronomic guidance, seed, nutrients, crop protection products, spray drift and/or any of the equipment or services used as part of the prize or any damage to any other crop or property wherever located; and (iv) indemnify the Released Parties against any loss, damage or expense, including legal fees, that any of the Released Parties may suffer or incur as a result of any non-compliance by an entrant with any of these Contest Rules or participation in this Contest and/or in connection with the acceptance and/or exercise and/or use by an entrant of a prize and the use of the Entry by Sponsor.

The Sponsor is neither responsible nor liable for: (i) incorrect or inaccurate entry information which may affect a person’s ability to participate in this Contest or be awarded a prize, including but not limited to human error, technical malfunctions, lost or delayed entries for any reason, mail failures, omission, or any combination thereof, and entries which fail to fully comply with these Contest Rules; (ii) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (iii) lost, incomplete, delayed, mutilated or misdirected entries or Winner Release forms; (iv) injury or damage to the entrant’s computer or to any other individual’s computer related to or resulting from participating in, or downloading any material regarding the Contest or accepting a prize; (v) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in this Contest or receipt or use or misuse of any prize or product or service in relation thereto, including, but not limited to, any travel related thereto, the use of the Entry by Sponsor or any damage to the winner’s crops or any other crop or property; (vi) the security or privacy of information transmitted via computer networks or for breaches of privacy due to interference by third party computer “hackers” or otherwise; or (vii) late, lost, misdirected or unsuccessful efforts to notify a potential winner.

The winner agrees to release, discharge and hold harmless the Sponsor and Released Parties for any failure or delay in fulfilling or performing any term of these Contest Rules, including any obligations relating to the administration, development, execution or replacement of the prize or products or services in relation thereto, including the performance of the prize in any way whatsoever or crop failure or partial crop failure, when and to the extent such failure or delay is caused by or results from acts beyond the Sponsor’s or any of the Released Parties’ control, including, but not limited to, the following force majeure events: (i) acts of God; (ii) insects, disease, flood, fire, hail, earthquake, drought, tsunami, tornado, hurricane, mudslide, storms and other natural events, disasters or weather conditions, epidemics, COVID-19 and other pandemics, or explosion; (iii) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest; (iv) orders, laws, restrictions or actions by any government or government agency; (v) actions, embargoes, or blockades in effect on or after the date of this Contest; (vi) national or regional emergency; (vii) strikes, labour stoppages or slowdowns, or other industrial disturbances; (viii) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (ix) other events beyond the reasonable control of the Sponsor or any of the Released Parties.

  1. OTHER CONDITIONS: The Sponsor reserves the right to terminate or amend this Contest at any time and in any way for any reason, without prior notice. Without limiting the foregoing, if, for any reason, this Contest is not capable of running as originally planned for any reason, the Sponsor reserves the right to cancel the Contest and conduct a random draw from all previously received eligible entries received by the date when the Contest was cancelled.

Publicity and entrant information: By participating in this Contest, entrants consent to the use of their name, address, postal code, telephone number, social media handles, comments and image, whether on videotape, photograph or any other means, all as may be translated, edited or modified in any way, for the administration of this Contest or any publicity carried out by the Sponsor, without further notice or compensation.

Law: Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (b) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate New York State Court located in New York County, New York; (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (d) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.

Rule amendments: The Sponsor reserves the right, in its sole and absolute discretion, to amend or modify these Contest Rules, or modify, cancel or suspend this Contest, without prior notice for any reason whatsoever, including without limitation in the event that any cause beyond the reasonable control of the Sponsor corrupts, or threatens to corrupt, the security or proper administration of this Contest.

Intellectual Property: All intellectual property, including but not limited to trademarks, logos, designs, promotional materials, web pages, source codes, images, drawings, illustrations, slogans and representations are owned by the Sponsor. All rights are reserved. Unauthorized copying or use of any copyrighted material or other intellectual property without the express written consent of the Sponsor is strictly prohibited.

Prize Delivery: The cost of transportation of the prize to the winner’s farm shall be the sole responsibility of the winner. The Sponsor will work with the winner to arrange delivery of the prize from agricultural retailers and suppliers chosen by the Sponsor, in the Sponsor’s sole discretion.

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