1. HOW TO ENTER
Beginning 12/17/07 through 5/30/08 (“Promotion Period”), purchase any ten (10) bags of PhytoGen® cottonseed (any combination) from an authorized PhytoGen seed dealer (“Qualifying Purchase”) during the Promotion Period. Then, go to www.PhytoGenBigBuck.com (the “Website”) and complete the official contest entry form including a brief story of “how you bagged your Big Buck”. Your story must be no more than two hundred characters. Your entry must also include a photo of your “Big Buck”. Follow the instructions at the Website to upload your photo. Photo must be uploaded in .jpg (JPEG) or .bmp (Bitmap) format and no larger than 5MB in size. Photo must feature the “Big Buck” and the entrant.
Limit one (1) entry per person. Photo may not include any images of trademark protected and/or licensed properties without the expressed written authorization of its owner/license holder, which must be submitted with the entry and will be subject to verification by PhytoGen Seed Company (“Sponsor”). Also, the photo may not include images of other people, other than the entrant. All entries must be original works, never been previously published, must not infringe on any third party rights, and may not include content which is obscene, defamatory, or otherwise inappropriate for publication in general circulation. By entering the contest, the entrant gives the Sponsor the right to use, edit, or publish the entry without further compensation and winner assigns all rights, title and interest in the submission to the Sponsor, and, if required, will sign any documents necessary to transfer copyright. Submission of an entry further constitutes the entrant’s consent to irrevocably assign and transfer to Sponsor any all rights, title and interest in the photo and story, including, without limitation, all copyrights. Each winner may have to certify that his/her entry was original and no other person or entity holds rights to entry (photo and/or story). Entries with stories and/or photos that do not comply with the specifications stated herein will be automatically disqualified.
Entries (stories and/or photos) must comply with the following content guidelines to be eligible:
- Content may not be sexually explicit or suggestive, dangerous, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, or contain nudity:
- Content may not promote alcohol, illegal drugs, tobacco (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
- Content may not defame, misrepresent or contain disparaging remarks about Sponsor or other people, products or companies;
- Content may not contain trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, or advertise or promote any brand or product of any kind, without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
- Content may not contain copyrighted materials owned by others (including music, photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media) without permission;
- Content may not contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission;
- Content may not communicate messages or images inconsistent with the positive images and/or goodwill to which the Sponsor wishes to associate; and
- Content may not itself be in violation of any law or otherwise Sponsor reserves the right to disqualify any entry for any reason, in its sole and absolute discretion.
Sponsor is not responsible for any change of email address, mailing address and/or telephone number of entrants. In the event of a dispute, any entries will be deemed to have been submitted by the Authorized Account Holder of the email address submitted at the time of entry, provided that person meets all eligibility requirements set forth in these Official Rules. “Authorized Account Holder” means the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Any entrant who attempts to enter with multiple e-mail addresses or under multiple identities, will be disqualified from participation in the contest.
2. ELIGIBILITY
Open only to legal residents of the States of Alabama, Arkansas, Florida, Georgia, Iowa, Louisiana, Missouri, Mississippi, North Carolina, South Carolina, Tennessee, Texas and Virginia who are 18 years of age or older at time of entry and derive their primary source of income from cottonseed farming. Employees of PhytoGen Seed Company, Dow AgroSciences J.G. Boswell or their respective affiliates, subsidiaries, advertising and promotion agencies and their immediate family members and/or those living in the same household of each are not eligible to participate. Void where otherwise prohibited.
3. JUDGING
All entries will be judged on or about 6/16/08 by Sponsor or its designee, the judges in the Contest, whose decisions are final and binding. All entries will be judged based on the following judging criteria: Originality of story – 60%; Relevance of photo to story – 30%; and Mass appeal of the story and photo - 10%. The entrant who receives the highest overall score will be declared the Grand Prize winner. In the event of a tie, the entrant with the highest score in “originality of story” category will be declared the winner. If there is still a tie, the entrant with the highest score in the “relevance of photo to story” category will be declared the winner. Winner will be notified by phone and/or mail at Sponsor’s discretion.
4. PRIZE & APPROXIMATE RETAIL VALUE (ARV)
One (1) Grand Prize – $2,500 Cabela’s®* Prize Package (includes hunting equipment and apparel – to be solely selected by Sponsor). Prize will be awarded, provided there are a sufficient number of qualified entries received. Potential winner will be required to provide proof of Qualifying Purchase prior to awarding of prize. All applicable federal, state, and local taxes on prize are the sole responsibility of the prize winner. Grand Prize winner will receive a 1099 tax form for the approximate retail value of the prize.
5. GENERAL
Potential Grand Prize winner will be required to sign and return a notarized Affidavit of Eligibility/Liability Release and, where permitted by law, Publicity Release within ten (10) days after first notification attempt. If prize notification or prize is returned as non-deliverable, prize may be forfeited and an alternate winner may be selected according to the contest prize award criteria set forth above. No correspondence will be acknowledged. No substitutions or transfer of prize permitted except that Sponsor reserves the right to substitute a prize of equal or greater value. Subject to all federal, state and local laws/regulations. Neither Sponsor, its subsidiaries, affiliates, partners, advertising and promotion agencies nor their employees will have any liability whatsoever for any injuries, losses or damages of any kind caused by any prize or resulting from acceptance, possession or use of any prize. Acceptance of a prize shall be construed as and signify the winner’s agreement and consent that Sponsor may use the winner’s name, address, likeness, entry and/or prize information, without limitation, for promotional purposes without further consideration or payment, where allowed by law. By accepting prize, winner agrees to hold harmless Sponsor, its related, affiliated, and subsidiary companies and their respective directors, officers, employees and assigns against any and all claims and liability arising out of use or participation in the contest, or any prize related activities or in the acceptance, possession, use and/or misuse of any prize. Winner acknowledges that neither Sponsor nor their agents have made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to any prize, including, but not limited to, its quality, mechanical condition or fitness for a particular purpose. Any and all warranties and/or guarantees on a prize, if any, are subject to the manufacturers’ terms therefore and winner agrees to look solely to such manufacturers for any such warranty and/or guarantee. By participating in this promotion, entrants agree to be bound by the Official Rules and the decisions of the judges. Sponsor not responsible for any typographical or other error in the printing of the offer or in administration of the contest.
6. INTERNET
Sponsor is not responsible for lost, late, mutilated or illegible entries nor for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations, problems associated with uploading and/or downloading of any contest-related information or material from the Website or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive entry information by Sponsor or presenter on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof. If for any reason the Internet portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this contest, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the contest. In the event the contest is terminated for any reason, Sponsor will award the prize by judging all entries received at the time of termination based on the judging criteria as provided herein to select the Grand Prize winner. Caution: Any attempt by an individual to deliberately damage any website or 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 any such individual to the fullest extent of the law.
7. FOR NAME OF WINNER
For name of winner, send a self-addressed, stamped envelope by 8/15/08 to: PhytoGen™ Big Buck Contest – Winner’s List, c/o Dow AgroSciences, 9330 Zionsville Road, Indianapolis, IN 46268. Winner’s list to be available after 7/15/08.
8. SPONSOR
PhytoGen Seed Company 9330 Zionsville Road, Indianapolis, IN 46268.
® PhytoGen is a trademark of PhytoGen Seed Company LLC. PhytoGen Seed Company is a joint venture between Mycogen Corporation, an affiliate of Dow AgroSciences, and the J. G. Boswell Company.
® Cabela's is a registered trademark of Cabela's Inc.
© 2007 Dow AgroSciences LLC