NUTRIEN AG SOLUTIONS
2024 HOMETOWN YIELD CHALLENGE
OFFICIAL RULES
NUTRIEN AG SOLUTIONS HOMETOWN SEED YIELD CHALLENGE (“CONTEST”) IS VALID ONLY IN THE PROVINCES OF BRITISH COLUMBIA, ALBERTA, SASKATCHEWAN AND MANITOBA. IT IS VOID EVERYWHERE ELSE INCLUDING ANYWHERE PROHIBITED BY LAW.
THESE OFFICIAL RULES (“RULES”) ARE A LEGALLY BINDING AGREEMENT BY AND BETWEEN YOU AND SPONSOR (AS DEFINED BELOW) AND GOVERN YOUR ENTRY IN THE CONTEST.
NO PURCHASE NECESSARY.
1. SPONSOR. This Contest is sponsored by Nutrien Ag Solutions (Canada) Inc., Suite 100, 211 19th Street East, Saskatoon, SK S7K 5R6 (“Sponsor”).
2. CONTEST ENTRY PERIOD. The Contest begins at 9:00 am (MST) on Friday, February 2, 2024, and ends at 11:59 pm (MST) on Friday, March 1, 2024 (the “Contest Entry Period”). All entries must be received during the Contest Entry Period. Sponsor’s clock is the official time-keeping device for entry into the Contest. No entries into the Contest will be accepted before or after the Contest Entry Period. The overall Contest will begin at 9:00am (MST) on Friday, February 2, 2024 and end at 11:59 pm (MST) on November 30, 2024, when the winners are announced by the Sponsor (the “Contest Period”).
3. ELIGIBILITY. This Contest is open to Customers only (defined below) who plant the required quantity of commercial Proven Seed at a location in Alberta, British Columbia, Manitoba or Saskatchewan before or during the Contest Period. ONLY ONE ENTRY PER CUSTOMER WITH ONE TYPE OF PROVEN SEED HYBRID/VARIETY HARVESTED WILL BE INCLUDED IN THE CONTEST. ADDITIONAL ENTRIES SUBMITTED ON BEHALF OF THE SAME CUSTOMER FOR THE SAME TYPE OF PROVEN SEED HYBRID/VARIETY WILL NOT BE INCLUDED IN THE CONTEST. If you do not want to purchase seed but want to enter the Contest, please send a written request for entry to: Nutrien Ag Solutions (Canada) Inc., Attn: Hometown Yield Challenge, Suite 100, 211 19th Street East, Saskatoon, SK S7K 5R6.
All entries must comply with the following. Customer shall, during the Contest Period:
i. plant a minimum of eighty (80) acres of Proven Seed brand canola seed of one (1) hybrid, which means a minimum of eight (8) units of a single hybrid of a Proven Seed brand canola seed planted in the participating field inside a boundary that has been mapped in Nutrien’s Echelon software;
ii. plant a maximum of one hybrid per field with a representative check strip within the field; and
iii. post a minimum of three (3) separate social media posts referencing the participating field (using Facebook, Instagram, or X) with the tag “#NutrienHometownPride” or provide content for three (3) posts to Customer’s local Nutrien division representative to be posted by Sponsor on Sponsor’s division’s social media account.
4. CUSTOMERS. “Customer,” for purposes of these Rules, means a corporate entity (e.g. a corporation, limited liability partnership, partnership, sole proprietorship, unlimited liability company, or other legal entity) (an “Entity”) or person who on its, his or her own behalf: (i) purchased Proven Seed brand canola seed directly from Sponsor between January 1, 2024, and June 1, 2024 or received an entry on request; (ii) is an “end-user” of agricultural products; (iii) is not a reseller, wholesaler, distributor of agricultural products, or a government official; and (iv) has a primary business address and is incorporated in (if an Entity), or is a legal resident of (if a person) Alberta, British Columbia, Manitoba or Saskatchewan. For clarification, an Entity employee who submits an Entry on behalf of a Customer is not the Entrant (as defined below), the Entity is the Entrant. Whether an Entity or person qualifies as a Customer for purposes of this Contest will be determined at Sponsor’s sole discretion.
Any individual submitting an Entry on behalf of a Customer (and any Customer, if a person) must be:
i. a legal resident of Alberta, British Columbia, Manitoba or Saskatchewan;
ii. physically domiciled in the Canada at the time of entry;
iii. at least 18 years of age or older as of 9:00 AM (MST) at the beginning of the Contest Period; and
iv. duly authorized to enter the Contest and agree to these Rules on behalf of the Customer. Employees, contractors (and persons with whom such employees are domiciled) of Sponsor, its parents, affiliates, subsidiaries, management companies, advertising agencies, public relations companies and marketing companies, and the immediate families of any of its or their respective employees, contractors or persons with whom such employees are domiciled, are not eligible to enter or win the Contest. “Immediate families” means parents, step-parents, grandparents, step-grandparents, siblings, step-siblings, spouses, domestic partners, grandchildren, step-grandchildren, children or step-children of any such employee or person with whom such employee is domiciled.
5. CHARITABLE AND COMMUNITY ORGANIZATIONS. For each valid Entry, Customer must submit all of the information required by Sponsor on the entry form (and timely provide any additional information requested by Sponsor) regarding the organization designated by Customer to receive the investment if Customer wins the Contest. Also, each organization or community cause must:
i. be a registered charity or non-profit, in the U.S. or Canada;
ii. include an updated W-9 if a U.S. organization;
iii. focus on environmental stewardship, inclusive industry and/or resilient communities;
iv. not conflict with Sponsor’s interests or values or be affiliated with a political party or political organization;
v. not discriminate against anyone based on culture, gender, sexuality, color, language, national or social origin, economic status, religion, political or other conscientiously held beliefs;
vi. not be a religious organization (unless services provided are non-religious and provide equal access to all);
vii. not be an advocacy group (including organizations or projects that proselytize or advocate political or religious messages);
viii. not be a professional organization or private club funded through fees;
ix. not be an organization seeking funds for operating budgets or capital funding;
x. not be an organization seeking Sponsor to be their sole funder;
xi. not be an individual’s or Winner’s fundraising effort;
xii. not be a film/video production or filmmaking organization;
xiii. not use funds from Sponsor to provide funding for travel, accommodations and meal expenses for individuals, groups or teams; and
xiv. not be a part of, or receive funding from crowdfunding campaigns (such as Go Fund Me).
6. HOW TO ENTER. During the Contest Entry Period, completely fill out the entry form (the “Entry”) online at www.nutrienagsolutions.ca/yield-challenge. Form must be submitted by Customer online before the end of the Contest Entry Period. Once you receive an email confirming your entry into the Contest, your Entry has been submitted to the Contest.
Only one Entry will be included in the Contest per Customer who enters. No photocopied, faxed, mechanically reproduced, or mass entries are permitted. Entry constitutes Entrant’s acknowledgement and agreement to these Rules. Only fully completed and correct Entries are eligible. Illegible, late, altered, counterfeit, defective, damaged, incomplete, ineligible, copied or reproduced Entries will not be accepted. Each Customer that submits an Entry is an “Entrant.” Upon submission, all Entries (subject to your rights in your personal information, as discussed below) shall become the exclusive property of Sponsor and will not be acknowledged or returned. Sponsor acquires and retains all rights, title and interest therein, including the ownership and copyright of all Entries. Sponsor reserves the right to, and at its sole discretion may, reject any Entry for failure to comply with these Rules. Sponsor is not responsible for a change in or incorrect Customer’s phone number, address, or email address.
7. ADDITIONAL RULES TO ENTER THE CONTEST.
Social Media Rules. Entrants will not post or transmit any photo or content, which: (a) is exploitative, violent, pornographic or obscene, which contains material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (b) is defamatory or disparaging against Nutrien Ag Solutions or its family of companies; (c) infringes, misappropriates or violates any right of any third party, including, without limitation, copyright, trademark, trade dress, trade secret, or other proprietary right of any entity or person (living or deceased), including but not limited to rights of privacy, publicity or portrayal in a false light; or (d) incorporates or includes anything (e.g., third party names, marks or logos) that would require the consent of any third party for the use of the photo by Sponsor or any of its designees. Entrants must ensure safety measures are being taken at all times and that the photo and social media content does not have the potential to result in any injury, mental or bodily harm to the entrant or anyone depicted in the photo or content. All photos and content must not be a.i. created or altered or contain content that is false, inaccurate or misleading. If a submitted photo includes the image or likeness of anyone other than the Entrant, Entrant represents and warrants that Entrant has obtained permission from each such individual, that the Entrant agrees to provide written copies of such permission to Sponsor upon request and the Entrant certifies that such individual has reached the age of majority in his or her jurisdiction of residence.
Field Rules. Entrants must designate a field for the Contest entry and cannot change fields after such designation is made. Sponsor must be able to determine location of each hybrid/variety by a physical division in the field such as definite planting patterns for each plot including the use of flags or other markers approved by Sponsor. Any skipped, non-planted area will be excluded from the acre minimum calculation. Only one hybrid/variety per field per entry will be accepted. Commercial products only.
Harvest Rules. One Sponsor employee authorized by Sponsor must be present at harvest to validate all yields and measurements, collect samples and ensure program and Contest compliance. Harvest results must be submitted by November 1, 2024. Please see the harvest rules below:
i. An employee authorized by Sponsor must be present for the harvest and yield calculations;
ii. A minimum harvested swath (or straight cut) area of twenty (20) feet wide by two thousand (2000) feet long is required, which is equivalent to nine-tenths of an acre (0.9 acre);
iii. No outside swaths permitted in the yield calculation;
iv. Yield samples must be weighed using an empty weigh wagon, empty scaled grain cart, or elevator scale ticket. Sponsor will ensure compliance on the harvest form;
v. Yield will be in dry bushels per acre;
vi. Sample yield will be adjusted to a standard bushel weight of fifty (50) pounds and 10% moisture;
vii. Grain Yield = (lbs. of grain x (1 – sample moisture decimal)) / ((1-0.1) x 50) / acres harvested; and
viii. Yield monitor data is not permitted.
Yield Results. Final yield will be derived from the Sponsor calculation outlined below. Yield analysis will be calculated based on correction to moisture levels outlined above. The calculation of the yield, for purposes of this Contest, will be determined at Sponsor’s sole discretion. Sponsor also reserves the right, with advance notification, to observe any harvest and/or assign its employees to observe any harvest(s). Yield winners will be determined based on percent above the untreated representative check strip yield located on the same field.
8. PRIVACY. Any personal information that an Entrant provides in connection with the Contest shall be used as stated in these Rules and by Sponsor to administer this Contest, contact Entrants, and for the other purposes set forth in the Sponsor’s privacy policy located at: https://nutrienagsolutions.com/privacy-policy. By entering this Contest, Entrant understands that their personal information will be collected, used and disclosed in accordance with the Sponsor’s privacy policy. If you do not agree to Sponsor’s use of your personal information as set out in the Sponsor’s Privacy Policy, do not submit an Entry. If Entrant authorizes, by opting in, Sponsor may provide Entrant with information relating to products, services and promotions of Sponsor and affiliates of Sponsor. By participating in the Contest, Entrant agrees that Sponsor may share personal information of Entrant with the Sponsor Entities (as defined below) for the purpose of verification and prize fulfillment, and with third parties for the purpose of prize fulfillment, in the event Entrant is a Winner (as further discussed below).
9. WARRANTIES AND CONSENTS. By completing and submitting an Entry, Customer: (a) represents and warrants that (i) Customer has read, understands, and agrees to be bound by, these Rules, (ii) based on the Rules, Customer is eligible to participate in the Contest, and (iii) all of the information provided as part of Customer’s Entry and Harvest Form is accurate, does not violate any third party’s legal rights (including without limitation, rights of privacy and publicity), and otherwise does not violate applicable law; (b) consents to the use of Customer’s name, logo, image, voice, and/or likeness by Sponsor for promotional purposes (whether online, in print or through any other media now known or hereafter developed), without additional compensation or authorization unless prohibited by law, anywhere throughout the world; and (c) agrees to be bound by the interpretation of these Rules by Sponsor, which are final in all matters relating to the Contest.
10. PRIZE DETAILS. Five “Prizes” will be awarded as follows:
i. First Place Prize: Two investments of $20,000 CAD each (one for the highest canola yield by percent over soil zone target or expected yields as published by Provincial crop insurance agencies recorded in the Black/Irrigated Soil Zone and one for the Brown/Dark Brown Soil Zone) (as such zones are designated at: https://search.open.canada.ca/openmap/ac6a1e51-9c70-43ab-889f-106838410473)) will be awarded to the charitable organizations or community causes selected by each Winner (“Winning Organization(s)”), listed on the Entry, and approved by Sponsor, at Sponsor’s sole discretion.
ii. Second Place Prize: Three additional investments of $5,000 CAD each, for the highest canola yield by percent above the untreated representative check strip yield located on the same field in each of North Alberta, South Alberta, North Saskatchewan, South Saskatchewan, and Manitoba (the “Divisions”) that do not have a First Place Prize Winner, will be awarded to the Winning Organization(s), listed on the Entry, and approved by Sponsor, at Sponsor’s sole discretion. For the avoidance of doubt, each Division shall have a maximum of one Prize Winner.
The approximate retail value of each first-place prize is $20,000 CAD. The approximate retail value of each second-place prize is $5,000 CAD per prize. The approximate retail value of all of the prizes combined is $55,000 CAD. The Prizes’ features include only those described as set forth above. Please note that the actual Prizes awarded may vary from any pictures or mockups used by Sponsor in its marketing materials or advertisements, and Sponsor reserves the right to substitute elements of the Prizes with comparable elements in its sole discretion. Sponsor, at its sole discretion, may substitute an alternate non-profit organization or community cause if the proposed Winning Organization selected by a Winner does not qualify under these Rules or Sponsor’s requirements for non-profit organizations and community causes to receive Sponsor’s Community Investment Funds (the “Disqualified Organization”). Sponsor will provide Winner with a list of alternate non-profit organizations and community causes that meets Sponsor’s requirements (the “Alternate Organization(s)”) to designate an alternative non-profit organization or community cause. If Winner does not timely designate an Alternate Organization from the list provided by Sponsor, Sponsor will choose an Alternate Organization at its own discretion to become the new Winning Organization to receive Prize funds instead of the Disqualified Organization.
Special terms and conditions related to the Prizes are as follows:
Sponsor is not liable for any missed Prize events, opportunities or expenses incurred. No refund or compensation will be made in the event of the cancellation or delay of any Prize element except at the sole and absolute discretion of Sponsor. No changes are permitted after the Contest Entry Period. All charges, costs, or other expenses of any kind not listed herein including, without limitation, applicable fees, license fees, tariffs, fees, expenses, insurance, and taxes are the sole responsibility of the Winner. Winner and Winning Organization must abide by, and are subject to, all licensing, requirements or restrictions that may affect accessibility to and/or use of the Prize received. No substitution, cash redemption or transfer of a Prize is allowed, except at the sole discretion of Sponsor. Except as specifically described below, if the Winner is an Entity, the Prize cannot be assigned or transferred without the prior written consent of Sponsor.
11. WINNER NOTIFICATION; VERIFICATION. The Prize winners (“Winner(s)”) will be selected by Sponsor choosing the Entries with the highest yields from the pool of all eligible Entries on or about November 30, 2024. Sponsor will attempt to notify the potential Winner via the telephone number or email address listed on their Entry. Sponsor will make three (3) attempts over a five (5) business day period to contact the potential Winner (“Winner Notification Period”). If the potential Winner fails to respond to Sponsor during the Winner Notification Period, Sponsor may, in its sole discretion, select another winner by picking the next highest yield Entry from the pool of all eligible Entries, but reserves the right not to select an alternate winner. To be declared an official Winner, a potential Winner and Winning Organization will be required to sign and return to Sponsor a Declaration and Release Form in a form to be provided by Sponsor (the “Declarations”) within seven (7) business days of the date of Sponsor’s notification that the potential Winner has won (“Prize Claim Expiration Date”). After receipt of the Declarations, Sponsor will confirm the Winner and Winning Organization and provide additional information on receiving the Prize. By completing, signing and returning the Declaration, the Winner: (a) confirms compliance with these Rules; (b) releases and forever discharges Sponsor and its parents, affiliates and subsidiaries and each of their respective directors, officers, partners, members, shareholders, owners, employees, contractors, advertising and promotional agencies and the agents of each of them (collectively, the “Sponsor Entities”) from and against any and all loss, liability, claim, cost, demand, damage, action, cause of action and expense whatsoever arising or to arise by reason of Winner and Winner Organization’s acceptance, possession, enjoyment or use of the Prizes; and (c) gives permission to Sponsor Entities, at their option, to publish or otherwise use the Winner’s name, address, photograph, voice and/or comments, without compensation, in any publicity carried out by any such person or entity or its advertising agencies, except where prohibited by law. The Declaration also allows Sponsor to share information about Winner with Sponsor Entities and third parties as necessary to organize any event, trip, publicity, travel, or similar component of a Prize. If Winner or Winner Organization fails to complete, sign and return the applicable Declaration before 5:00 pm MST on the Prize Claim Expiration Date, the Winner will forfeit the Prize and an alternate Winner (and applicable Winning Organization) may be selected in accordance with these Rules.
12. RELEASE AND INDEMNIFICATION. Additional terms related to Entity Customers: If an Entrant is an Entity, any individual submitting an Entry on behalf of the Entity represents and warrants that he/she is duly authorized to submit an Entry and agrees to these Rules on behalf of the Entity.
BY ENTERING THIS CONTEST, EACH ENTITY ENTRANT HEREBY RELEASES, HOLDS HARMLESS AND INDEMNIFIES SPONSOR ENTITIES FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, COSTS, INJURIES, LOSSES, DAMAGES OR CAUSES OF ACTION ARISING FROM OR RELATED TO ANY DISPUTE OR DISAGREEMENT BETWEEN OR AMONG THE ENTITY AND INDIVIDUALS ASSOCIATED WITH THE ENTITY REGARDING THE CONTEST OR THE PRIZE. If an Entrant is an Entity, then the Prize will be awarded to the Entity, and not to any individual, and the Declaration must be signed by a duly authorized officer of the Entity. A winning Entity may be required to designate the person(s) who will have access to, use or be given the Prize, as necessary for Sponsor Entities or any third parties, and that person(s) will also be required to complete a Declaration and Release Form in a form to be provided by Sponsor.
13. ODDS. The odds of winning the Prize are dependent upon the number of eligible Entries received by Sponsor.
14. DELIVERY. Winner shall release and hold Sponsor harmless against any loss by reason of failure of delivery, upon proof of attempted delivery by Sponsor of the Prize to the mailing address included in the Winner’s Entry. Winner bears risk of damage to any Prize after delivery to the specified mailing address, if applicable. Sponsor is not responsible for any delays in the delivery of a Prize. Winner acknowledges that neither Sponsor nor the Sponsor Entities have made or are responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a Prize, including, but not limited to, quality, condition, or fitness. The Winner is not eligible for any cash rebate programs. Winner is responsible for the reporting and payment of all applicable federal, provincial and local taxes (including income taxes) associated with a Prize and will and hereby does hold Sponsor harmless from liability for failure to timely report and/or pay any taxes. Sponsor shall have no responsibility or obligation to Winner or a potential Winner who is unable to accept or utilize the Prize as described herein. In the case of Winner’s forfeiture of a Prize, Sponsor may select another winner according to these Rules.
15. GENERAL TERMS. Your noncompliance with any of these Rules may result in disqualification from the Contest. Sponsor is not responsible for anything outside of its reasonable control. Sponsor assumes no responsibility for incorrect or inaccurate entry information whether caused by any of the equipment or programming associated with or utilized in this Contest or by any human error that may occur in the processing of the entries in this Contest. Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, hardware, failure of any email or servers on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, or any incomplete, lost, late, delayed, misdirected or garbled entries or failure to receive entries, including, without limitation, any injury or damage to your or any other person’s computer related to or resulting from participation or downloading any materials or software or attempts to participate in or download materials or software related to this Contest. Sponsor is not responsible for any typographical or other error in the printing or text of the Contest, administration of the Contest, the Rules, or in the announcement of the Prize and/or the Winner.
If, for any reason, the Contest is not capable of running as planned, or is disrupted or corrupted, including, without limitation, by strikes, acts of war or terrorism, pandemic, global health crisis, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical or system failures, or any other causes beyond the control of Sponsor that corrupts or affects the administration, security, fairness, integrity or proper conduct of this Contest or for any reason Sponsor deems it necessary, Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Contest. CAUTION: ANY ATTEMPT BY YOU TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM YOU TO THE FULLEST EXTENT PERMITTED BY LAW.
16. JURISDICTION; VENUE. THE ALBERTA COURTS (PROVINCIAL AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE CONTEST OR PRIZES, AND THE LAWS OF THE PROVINCE OF ALBERTA, AND THE FEDERAL LAWS OF CANADA SHALL GOVERN THE CONTEST WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES. BY PARTICIPATING IN THE CONTEST, YOU WAIVE ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND SUBMIT TO THE JURISDICTION OF THESE COURTS.
17. INDEMNIFICATION. BY ENTERING THE CONTEST, YOU, ON BEHALF OF YOURSELF AND THE ENTITY YOU REPRESENT (IF APPLICABLE), AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS SPONSOR AND EACH OF THE OTHER SPONSOR ENTITIES FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, COSTS, INJURIES, LOSSES, DAMAGES OR CAUSES OF ACTION (HOWEVER NAMED OR DESCRIBED), WITH RESPECT TO OR ARISING OUT OF EITHER: (I) YOUR PARTICIPATION IN THE CONTEST; (II) YOUR ACCEPTANCE, POSSESSION AND USE/MISUSE OF A PRIZE AWARDED IN THE CONTEST; AND (III) ANY SERVICES PROVIDED BY THIRD PARTIES IN CONNECTION WITH A PRIZE AWARDED OR PARTICIPATION IN ANY ACTIVITY WITH A PRIZE (INCLUDING, WITHOUT LIMITATION, CLAIMS, COSTS, INJURIES, LOSSES OR DAMAGES RELATED TO PERSONAL INJURIES, DEATH, DAMAGE TO, LOSS OF OR DESTRUCTION OF PROPERTY) REGARDLESS OF THE NEGLIGENCE OF SPONSOR OR THE SPONSOR ENTITIES.
18. RELEASE. YOU, ON BEHALF OF YOURSELF AND THE ENTITY YOU REPRESENT (IF APPLICABLE), AGREE TO, AND HEREBY DO, RELEASE ALL RIGHTS TO BRING ANY CLAIM, ACTION OR PROCEEDING AGAINST SPONSOR OR ANY SPONSOR ENTITY AND FURTHER COVENANT NOT TO SUE SPONSOR OR ANY SPONSOR ENTITY AND HEREBY ACKNOWLEDGE THAT NEITHER SPONSOR NOR ANY SPONSOR ENTITY HAS MADE OR IS IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE CONTEST OR ANY PRIZE.
19. DISCLAIMER OF WARRANTIES. SPONSOR IS PROVIDING THE CONTEST AND PRIZE ON AN “AS IS” AND “AS AVAILABLE” BASIS. SPONSOR DOES NOT REPRESENT OR WARRANT THAT THE CONTEST, THE TECHNOLOGY USED TO PROVIDE IT, OR THE PRIZE: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, OR (III) WILL MEET YOUR REQUIREMENTS OR ENABLE YOU TO PARTICIPATE IN IT. SPONSOR MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE RULES, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
20. LIMITATION OF LIABILITY. NEITHER SPONSOR NOR ANY OF THE SPONSOR ENTITIES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES ARISING OUT OF, RELATING TO OR CONNECTED WITH THE CONTEST OR A PRIZE, INCLUDING, BUT NOT LIMITED TO, CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES WHETHER OR NOT SUCH DAMAGES ARE RELATED TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL, AND WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.
21. ASSUMPTION OF RISK. YOU SPECIFICALLY ACKNOWLEDGE THAT YOU UNDERSTAND THAT THERE MAY BE SERIOUS RISKS OF BODILY INJURY, DEATH, OR PROPERTY DAMAGE ASSOCIATED WITH THE ACCEPTANCE, POSSESSION, OR USE OF THE PRIZE OR ATTENDANCE AT ANY EVENT OR PARTICIPATION IN CERTAIN PRIZE‐RELATED ACTIVITIES, AND YOU VOLUNTARILY ASSUME THESE RISKS.
22. LEGAL RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS PROVIDED ABOVE OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
23. REQUEST FOR THE NAME OF THE PRIZE WINNER AND RULES. For the name of the Winners and/or a copy of these Rules, send a self-addressed stamped envelope or an email to:
Nutrien Ag Solutions (Canada), Inc.
Attn: Hometown Yield Challenge
Suite 100
211 19th Street East
Saskatoon, SK S7K 5R6
fullseedahead@nutrien.com
24. WAIVER. No failure or delay by Sponsor or Sponsor Entities in exercising any right, power, or privilege under these Rules will operate as a waiver thereof. No waiver by Sponsor or Sponsor Entities of any provision of these Rules, or any rights or obligations of any party under these Rules, shall be effective, except pursuant to a written instrument signed by the party waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing.
25. SEVERABILITY. Any provision of these Rules that is found invalid or unenforceable pursuant to judicial decree or decision shall be ineffective to the extent of such invalidity or unenforceability, and the remainder of these Rules shall remain valid and enforceable according to their terms. If any provision of these Rules is so broad as to be unenforceable, the provision shall be interpreted to be only so broad as is enforceable.
