2024 DEKALB^® Brand Sorghum National Yield Contest

2024 DEKALB^® BRAND SORGHUM NATIONAL YIELD CONTEST OFFICIAL RULES

VOID WHERE PROHIBITED OR RESTRICTED BY LAW, RULE, REGULATION OR ORDINANCE.

1. Company. 2024 DEKALB® Brand Sorghum National Yield Contest (the “Contest”) is offered and administered by Bayer Crop Science LP, 800 N. Lindbergh Blvd., St. Louis, MO 63167 (“Company”).
   
   
2. Nature and Scope of Contest. This Contest is designed to run concurrently with, but separately from, the National Sorghum Producers (“NSP”) 2024 National Sorghum Yield Contest (the “NSYC”). Information on the NSYC and how to enter that contest is available at https://sorghumgrowers.com/yieldcontest/. While Company is a sponsor of NSYC, Company is not administering, judging or in any way responsible for the NSYC, NSYC prizes or NSYC’s official rules. By entering NSYC, you are responsible for reviewing and complying with the NSYC rules, which are available at https://sorghumgrowers.com/wp-content/uploads/2024/04/2024-Entry-Form-and-Rules.pdf (“NSYC Rules”). This Contest is designed to support and award prizes to entrants of NSYC who use Company’s DEKALB® brand sorghum seed.
   
   
3. Terms and Conditions. By participating in the Contest, you (“You” or “Entrant”) or a Guardian, in case entrant is a Minor (as defined below), fully and unconditionally agree you have read these Official Rules and the NSYC Rules, and expressly accept and agree to be bound by these Official Rules and the NSYC Rules. You further represent and warrant that you meet the eligibility requirements set forth herein. In addition, you agree to accept the decisions of Company as final and binding as it relates to the Contest and these Official Rules, and you agree to be bound by all decisions and interpretations made in good faith by Company and/or its designee.
   
   
4. Eligibility. The Contest is open to legal U.S. residents who: (a) are at least 14 years of age and, if between the ages of 14 and 17 or under the age of majority in their state of residence (a “Minor”), have obtained the permission of his or her parent or legal guardian (“Guardian”); (b) are members of the National Sorghum Producers; (c) enter, or will enter, at least one valid online entry in the NSYC using at least 10 continuous acres of DEKALB brand sorghum seed; and (d) otherwise meet and comply with the eligibility and entry requirements of the NSYC. Employees, officers and directors, their immediate family members (spouse, siblings, children and parents, regardless of where they live) or members of the same households (whether related or not) of Company, its affiliates, subsidiaries, advertising and promotion agencies, and those associated with the development, distribution or implementation of this Contest are not eligible to participate. DEKALB^® dealers are not eligible to enter or win the Contest.
   
   
5. Entry to NSYC. To be eligible for this Contest, entrants must enter NSYC using Company’s DEKALB^® brand sorghum seed. Prior to Nov. 26, 2024, complete the NSYC entry form at https://sorghumgrowers.com/yieldcontest/yield-contest-entry-form/ and email it to the NSP office pursuant to the NSYC Rules. Yield results must be submitted for the NSYC in accordance with the NSYC Rules. Company is not responsible for the collection, receipt or review of entries or entry materials. Entrant expressly acknowledges and agrees that the National Sorghum Producers is the entity responsible for the development, distribution and implementation of the NSYC, as well as the collection of all entries and the judging of such entries, and Company is not involved in the development, distribution or implementation of the NSYC.
   
   
6. Entry Into This Contest. This Contest will run concurrently with NSYC. Entry for this Contest shall begin on May 1, 2024, at noon Central Daylight Time and will end on November 26, 2024, at 11:59 p.m. Central Standard Time. To enter this Contest, entrant must complete and submit an entry form, available at https://sorghumgrowers.com/yieldcontest/yield-contest-entry-form/.
   
   
7. Complimentary Entry & Membership Fees. Entry into this Contest is free. Likewise, when you enter the NSYC, you may leave the payment section blank if you have selected entry into this Contest, and Company will pay your NSYC entry fees. Company will also pay your NSP membership or membership renewal fees for any DEKALB^® brand sorghum farmer entrants into the NSYC.
   
   
8. Disqualification. Entries that do not comply with the terms of the NSYC or this Contest will result in disqualification. Incomplete or illegible entries will not be considered. Entries will be void if electronically or mechanically reproduced, forged, defective, altered or obtained through unauthorized channels or if they contain production, typographical, electronic, mechanical or other errors. Company reserves the right in its sole discretion to disqualify any entry at any time which, in Company’s sole opinion, is offensive, contains unsuitable material, endangers the safety or well-being of any person, or if it is determined the entrant has not complied with these Official Rules or the NSYC Rules.
   
   
9. Winners. Following the compilation of all submitted yield data by the NSP for entry into the NSYC, the NSP will determine the entrants who placed 1st, 2nd or 3rd across all entrants nationally and in each state in each of the NSYC Categories (Irrigated, Dryland No-Till, Dryland Tillage and Food Grade). Based on those determinations by NSP, Company will award Prizes as follows:

   • National Prizes. Each entrant to this Contest that places 1st, 2nd or 3rd nationally in any of the NSYC Categories using DEKALB® brand sorghum will win the National Prizes (as applicable). Up to 12 entrants may win a National Prize. Winners of the National Prize will be eligible to receive: a 5-day, 4-night trip for the entrant and one (1) guest, (if entrant is a Minor, the guest must be the Minor's Guardian) the 2025 Commodity Classic in Denver, Colorado and a commemorative DEKALB award. The 5-day/4-night trip includes (i) round-trip coach air transportation for two (2) people from the major U.S. airport nearest the winner’s home to Denver, Colorado — the entrant and their guest must travel from one departure location and must travel on the same itinerary; (ii) standard hotel accommodations, double occupancy, for four (4) nights; (iii) ground transfers to/from the airport and hotel while in Denver, Colorado; (iv) 2025 Commodity Classic convention registration for two (2) people; and (v) certain meals provided by Company, at Company's sole discretion, including conference registration meals and Bayer-sponsored meals (or meals served in the hospitality suite). Meals not included in the aforementioned are eligible for reimbursement, with the maximum amount per individual meal not exceeding $65.

   • State Prize. Each entrant to this Promotion that places 1st in his or her state in any of the five NSYC Categories using DEKALB brand sorghum will win the State Prize. Up to 24 State Prizes per state may be awarded. Winners of the State Prize will receive: a 5-day, 4-night trip for winner and one (1) guest (if entrant is a Minor, the guest must be the Minor's Guardian) to the 2025 Commodity Classic in Denver, Colorado, and a commemorative plaque or trophy item. The 5-day/4-night trip includes (i) round-trip coach air transportation for two (2) people from a major airport in the U.S. nearest the winner’s home to Denver, Colorado — the winner and their guest must travel from one departure location and on the same itinerary; (ii) standard hotel accommodations, double occupancy, for four (4) nights; (iii) ground transfers to/from the airport and hotel while in Denver, Colorado; (iv) Commodity Classic convention registration for two (2) people; and (v) certain meals provided by Company, at Company's sole discretion, including conference registration meals and Bayer-sponsored meals (or meals served in the hospitality suite). Meals not included in the aforementioned are eligible for reimbursement, with the maximum amount per individual meal not exceeding $65.
     
10. Approximate Retail Value of Each Prize. The total approximate retail value (ARV) of the National and State Prize(s) is dependent on fluctuations in airfare and travel costs, which may vary depending on the location of the departure city and other factors. ARV is estimated at $3,000 per National Prize and per State Prize.
    
    
11. General Prize Details and Restrictions. Each entrant is eligible to win only one Prize category. For the sake of clarity, if an entrant is a 1st, 2nd or 3rd place National Prize winner in multiple NSYC Categories, the entrant is still only eligible for one National Prize and is not eligible for a State Prize. Similarly, if an entrant is a 1st place State Prize winner in multiple NSYC Categories, the entrant is still only eligible for one State Prize. The “National Prizes” and “State Prizes” (each individually, a “Prize,” and collectively, the “Prizes”) are not transferable. No substitution or cash redemption of the Prize, or any portion thereof, is allowed, except at the sole discretion of the Company. Company is not responsible for the inability of the winner to accept the Prize or any portion thereof for any reason. Any difference in the stated ARV and the actual value of the Prize will not be awarded. If the potential winner is found to be ineligible, does not comply with these Official Rules or declines to accept the Prize, the potential winner may be disqualified in Company’s sole discretion, and in such case, Company may select an alternate winner in a random drawing from remaining eligible entries. Company reserves the right to substitute such Prize with another Prize of equal or greater value.
    
    
12. Other Prize Limitations. All other expenses not specified in the Prize descriptions above, including (without limitation) flight insurance, travel insurance, meals and personal expenses, are the sole responsibility of the winner. All travel arrangements must be made by travel agent designated by Company, and travel must take place on dates specified by Company, which are subject to change at Company’s sole discretion. If the Prize winner and their guest are unable or unwilling to travel on the dates specified, the Prize may be forfeited and awarded to an alternate Prize winner. Travel prizes are subject to terms and conditions of travel service providers. Certain restrictions may apply.
    
    
13. Winner Selection and Notification. Within thirty (30) days after the NSP announces the winners of the NSYC, Company will notify Prize winners via the contact information provided upon entry that they have won the Contest. If a potential winner cannot be reached within a reasonable time period after selection, does not respond within five business days of the first notification attempt, is found to be ineligible, does not comply with these Official Rules or declines to accept a Prize, such potential winner may be disqualified in Company’s sole discretion.
    
    
14. Claiming a Prize. Each winner and their guest (if any) may be required to complete, sign and return to Sponsor an Affidavit of Eligibility and Liability/Publicity Release within 14 days of receipt of such documents from Company. If such documents are not returned to Company prior to such deadline, any Prize won may be forfeited in Company’s sole discretion.
    
    
15. Company Discretion. Decisions of the Company will be final and binding on all matters relating to this Contest.
    
    
16. Prize Eligibility. Receipt of any Prize offered in this Contest is conditioned upon the entrant’s compliance with these Official Rules, the NSYC Rules, and all federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES, THE NSYC RULES OR ANY LAW BY ANY WINNER (AT COMPANY’S SOLE DISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS A WINNER OF THE CONTEST, AND ALL WINNER PRIVILEGES WILL BE IMMEDIATELY TERMINATED. If any provision of these Official Rules shall be deemed to violate any state or municipal law, it shall be amended to conform to such law, and all other provisions shall remain in full force and effect.
    
    
17. Publicity. Except where prohibited by law, and notwithstanding anything to the contrary in the Company’s Privacy Policy, the winner also grants Company the right to use the winner’s submission, first name, hometown, images and likenesses for advertising, publicity and promotional purposes, including print, broadcast and online announcements, without further compensation other than the said Prize and at no expense to the winner.
    
    
18. Responsibility for Prize/Taxes. The winner is solely responsible for all unspecified costs and expenses associated with Prize acceptance and use. Company is not responsible for lost or stolen Prizes. PRIZES ARE AWARDED “AS IS” WITH NO REPRESENTATION OR GUARANTEE OF ANY KIND BY COMPANY, AND EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Any and all Prize-related expenses, including without limitation any and all federal, state and/or local taxes, shall be the sole responsibility of the winner. The Internal Revenue Service requires Form 1099-MISC to be issued and filed for each recipient who received a prize/award if the annual aggregate is at least $600 or more. Winners may be required to complete and submit a W-9 form to receive the Prize within 14 days of receipt of such documents from Company. If such documents are not returned to Company prior to such deadline, any Prize won may be forfeited in Company’s sole discretion, and such potential winner shall be disqualified. The recipient should consult his or her tax adviser for the proper tax treatment of this income on his or her tax return.
    
    
19. Social Media. The Contest may be advertised through social media platforms, such as Facebook, Instagram and/or X (“Social Media”). You understand and acknowledge, however, that the Contest is in no way sponsored, endorsed, administered by or associated with any Social Media platform on which it is offered or advertised. You agree to adhere to all rules established by Social Media platforms. Any information you provide for the Contest is being provided to Company rather than any Social Media platform. You fully release Facebook, X and all other Social Media from all claims, losses and harm that you may allege or incur relating to this Contest.
    
    
20. Termination. Company reserves the right, in its sole discretion and without notice, to cancel, terminate, modify or suspend the Contest. Examples of reasons for termination or modification of the Contest may include (without limitation): cancellation of the NSP by the NSYC, Company not receiving necessary data from the NSP to enable it to accurately determine the winners, or Company’s inability to reasonably or fairly conduct or administer the Contest due to business changes, viruses, malware, security breaches, non-authorized human intervention, fraud or other causes beyond Company’s control. Company reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Contest or entry website or violates these Official Rules. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, COMPANY RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH ENTRANT(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
    
    
21. Additional Conditions. Company is not responsible for (i) late, lost, delayed, damaged, incomplete, illegible, misdirected or undeliverable correspondence; (ii) theft, destruction, unauthorized access to or alterations of entry materials; (iii) any typographical or other errors in the printing of these Official Rules, administration of this Contest or in the announcement of any winner(s) or Prize(s); or (iv) phone, electrical, network, computer, hardware, software program or transmission malfunctions, failures or difficulties. By participating in the Contest, entrant acknowledges that entrant has read these Official Rules and any other terms and conditions, rules, guidelines or policies applicable to the Contest, and agrees to abide by them.
    
    
22. Hold Harmless/Release. BY PARTICIPATING, EACH ENTRANT AGREES TO HOLD HARMLESS THE SPONSOR AND ITS RESPECTIVE PARENT, SUBSIDIARY, AND AFFILIATED COMPANIES, THE CONTEST JUDGES, AND ANY OTHER PERSON AND ORGANIZATION RESPONSIBLE FOR SPONSORING, FULFILLING, ADMINISTERING, ADVERTISING OR PROMOTING THE CONTEST, AND ALL OF THEIR RESPECTIVE PAST AND PRESENT OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES (COLLECTIVELY, THE “RELEASED PARTIES”) FROM AND AGAINST ANY LIABILITY WHATSOEVER, AND WAIVE AND RELEASE THE RELEASED PARTIES FROM ANY AND ALL CAUSES OF ACTION, FOR ANY CLAIMS, EXPENSES, INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, CLAIMS, COSTS, INJURIES, LOSSES AND DAMAGES RELATED TO PERSONAL INJURIES, DEATH, DAMAGE TO OR DESTRUCTION OF PROPERTY, RIGHTS OF PUBLICITY OR PRIVACY, DEFAMATION OR PORTRAYAL IN A FALSE LIGHT, WHETHER INTENTIONAL OR UNINTENTIONAL) ARISING OUT OF OR IN CONNECTION WITH THE ACCEPTANCE, POSSESSION, OR USE/MISUSE OF ANY PRIZE, PARTICIPATION IN ANY CONTEST-RELATED ACTIVITY, OR PARTICIPATION IN THE CONTEST, WHETHER UNDER A THEORY OF CONTRACT, TORTS (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), WARRANTY, OR ANY OTHER THEORY OR CAUSE OF ACTION.
    
    
23. Disputes. THIS CONTEST IS GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA AND THE STATE OF MISSOURI WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Contest, entrant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Contest, shall be resolved INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, exclusively before a court located in St. Louis County, Missouri, having jurisdiction. The entrant and Company hereby agree to WAIVE A JURY TRIAL in all actions and proceedings related to the Contest. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim, punitive, incidental, or consequential damages, including reasonable attorneys' fees, other than participant's actual out-of-pocket expenses (i.e., costs associated with entering this Contest), and participant further waives all rights to have damages multiplied or increased.
    
    
24. Privacy Policy. Personal information collected from entrants will be used by Company for the purpose of administering the Contest. By entering the Contest, entrants acknowledge and consent to the collection, use and disclosure of their personal information in accordance with Company’s Privacy Policy available at www.bayer.com/en/privacy-statement. By entering the Contest, entrants agree to allow Company to contact them regarding the Contest.
    
    

25. Winners List. To obtain a list of the Contest winners, send a self-addressed, stamped envelope to Bayer Crop Science, Attn: DEKALB Asgrow Marketing, 800 N. Lindbergh Blvd., St. Louis, MO 63167.