
1. Introduction
This “Pest Management Challenge – How do you outsmart pest resistance on your farm?” contest (the “Contest”) is run by CropLife Canada Inc. (“CropLife Canada”). This document constitutes the official rules of the Contest (the “Rules”) and the Rules exclusively govern all aspects of the Contest. By participating in this Contest, entrants acknowledge compliance with, and agree to be bound by, these Rules. Entrants who do not comply with the Rules are subject to disqualification by CropLife Canada, in CropLife Canada’s sole discretion.
2. Timing of Contest
The Contest begins on November 29, 2022 and ends on March 31, 2023 at 11:59 PM EDT (the “Contest Period”). CropLife Canada reserves the sole and unfettered right to change the Contest Period. Participants are, by these Rules, advised any such change(s) could materially affect the chances of winning.
3. Eligibility to Enter
This Contest is open to any individual who meets all of the following criteria (“Eligible Participant”):
i. are legal residents of a province of Canada;
ii. who have reached the age of majority in their province of residence at the time of entry;
iii. are recognized by CropLife Canada as a Grower or employees of a Grower (as defined below);
iv. are limited to one entry per person;
v. who meet the entry criteria questions as outlined in the entry form; and
vi. who meet all other requirements set out in the Rules.
A “Grower” is an individual actively engaged in producing a crop on land in an Eligible Province owned by or leased to such individual for that purpose.
Employees of CropLife Canada or of its departments or agencies, suppliers, advertising and promotional agencies, contest administrators, and any other parties engaged in the development, production or distribution of Contest materials, and those living in the same household as such employees, are not eligible to enter the Contest.
4. How to Enter
No purchase is necessary to enter the Contest. Chances of winning are dependent on the number of Eligible Participants submitting valid entries in the Contest.
Eligible Participants may enter the Contest by completing all required fields in the online entry form accessed through: pestmanagementchallenge.ca
Each Eligible Participant can enter the Contest only once and any violation or attempted violation of this condition shall result in automatic disqualification. Any attempt or suspected attempt to use robotic, automatic, programmed or otherwise illicit means to enter the Contest, or any other methods not authorized by these Rules, for example, but not limited to, creating multiple accounts, identities, or registrations, all in CropLife Canada’s sole discretion, shall be deemed as tampering and may disqualify you from entering, participating and/or winning a Prize (as defined below). Entries that in CropLife Canada’s sole discretion contain false or incomplete information are void. Entries that in CropLife Canada’s sole discretion are late, lost, stolen, illegible, contain false information, contain content that is, or could be considered to be, a violation of privacy or intellectual property rights, inappropriate, unsuitable or offensive, are damaged, misdirected, mutilated, garbled or incomplete, altered or otherwise irregular or that do not conform with or satisfy any or all of the conditions of the Rules are void. Entrants grant CropLife Canada a non-exclusive license to use all entries for any purpose. Proof of transmission (for example, screenshots or captures) does not constitute proof of entry or receipt of an entry. Any violation or attempted violation of any applicable laws, regulations, guidelines and/or industry standards shall result in immediate disqualification from the Contest.
5. Prizes
One incentive prize, an electronic Tim Hortons® gift card valued at $10, will be provided by email to the first 200 entries received from Eligible Participants upon completion of the contest entry form. CropLife Canada reserves the sole discretion to determine that eligibility factors have been met before the incentive prize is awarded.
The grand prize of this Contest for the three Winners (as defined below) is: one (1) Apple 5th Gen iPad Air 10.9-inch – Wi-Fi – M1 Chip – 256 GB – Blue (up to a maximum retail value of: $1000 (plus HST), inclusive of any shipping costs) (each “Prize”) per Winner. There are three (3) grand Prizes to be won in this Contest.
Each Prize must be accepted as awarded and cannot be substituted, sold, transferred, assigned or redeemed for cash. CropLife Canada reserves the right to substitute a Prize for another prize of equal or greater value if for any reason a Prize becomes unavailable.
6. Winner Selection
On April 10, 2023 at 12pm EDT at 350 Sparks St. #1201, Ottawa, Ontario, CropLife Canada, or an employee, agent or other representative of CropLife Canada will conduct a random draw from all Eligible Participants to select the three (3) potential Prize winners, (collectively the “Selected Entrants” and each a “Selected Entrant”). The Selected Entrants shall be notified by telephone or text within three (3) business days of the draw and must respond to the contact person and number identified in the notification within three (3) business days of the notification. If a Selected Entrant does not respond to the notification and otherwise comply with all other Rules, the Selected Entrant will not be declared a Winner nor receive a Prize and another Selected Entrant will be selected by way of a random draw from the remaining Eligible Participants. If CropLife Canada is unsuccessful at contacting and identifying an alternative Selected Entrant after three (3) such attempts, CropLife Canada reserves the right to close that portion of the Contest relating to the applicable Eligible Province and no longer attempt to identify a Selected Entrant and award a Prize.
7. Winners’ Agreements
Before Selected Entrants can be declared winners and receive a Prize (collectively the “Winners” or each a “Winner”), Selected Entrants must:
i. sign a declaration of eligibility and liability/publicity release form (the “Agreement”) with CropLife Canada that:
i. confirms the Selected Entrant’s compliance with and acceptance of the Rules;
ii. agree to accept the Prize as awarded;
iii. releases, discharges, and holds harmless CropLife Canada and its, related and affiliated companies, subsidiaries, departments or agencies, suppliers, advertising and promotional agencies, contest administrators, and any other parties engaged in the development, production or distribution of Contest materials and their respective directors, officers, employees and agents from and against any and all liability for any loss, harm, damages, costs or expenses to the Selected Entrant or any other individual or entity arising out of participation in the Contest, including without limitation, any use or misuse of any Prize, any costs and expenses associated with any Prize, any losses or damages related to personal injuries, death or loss of destruction of property associated with any Prize, any rights of publicity or privacy and any defamation or portrayal in a false light;
iv. granting and consenting, without any further compensation, to the use by CropLife Canada and its agents of the Selected Entrant’s name, address, email address, postal code, telephone number, social media handle(s), likeness, photograph, place of residence, voice and expressions for Contest administration and for advertising and promotional purposes anywhere in the world and in any medium, as and in relation to being a Contest Winner; and
v. correctly answer, without mechanical aid or assistance, a mathematical skill-testing question to be administered by telephone by a CropLife Canada representative.
Each Selected Entrant must sign the Agreement within ten (10) business days of the notification date in section 6 of these Rules. CropLife Canada will contact the Winner respecting the details of shipping/receiving the Prize. If the Selected Entrant does not sign the Agreement as stipulated in these Rules, that Prize will be irrevocably forfeited, the Selected Entrant disqualified from the Contest, and a new Selected Entrant randomly selected in accordance with section 6 of these Rules.
8. Privacy and Submitted Materials
Any personal information received from a participant submitting any entry for this Contest shall be treated by CropLife Canada in accordance with applicable privacy legislation and CropLife Canada privacy policies. Entry of a participant in the Contest constitutes the consent of such participant to the collection, use and disclosure by CropLife Canada of any personal information provided by such participant for the purposes of administering this Contest (which consent cannot be revoked without disqualification from the Contest)By participating in the Contest, each participant grants CropLife Canada an irrevocable, perpetual, transferable, worldwide, fee and royalty free license to copy, use, publish, transmit and create derivative materials using and from, any materials submitted by participant in association with the Contest for any uses contemplated by the Rules including associated promotional and marketing purposes.
9.Limit of Liability
A participant, by submitting any entry for this Contest agrees to and does release (to the extent permitted by law) CropLife Canada and its parent, related and affiliated companies, subsidiaries, departments or agencies, suppliers, advertising and promotional agencies, contest administrators, and any other parties engaged in the development, production or distribution of Contest materials and their respective directors, officers, employees and agents from and against any and all liability for any loss, harm, damages, costs or expenses to such participant or any other individual or entity arising out of: incorrect or inaccurate transcription of entry information; incomplete, illegible, irregular, inaccurate, misdirected, falsified, altered, tampered with, lost or delayed entries, or entries received through impermissible or illegitimate channels (all of which will be disqualified); technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer, network, hardware or software; unauthorized human intervention in any part of the entry process or the Contest; electronic or human error which may occur in the administration of the Contest or the processing of entries; and any decisions made by CropLife Canada in administering this Contest in accordance with these Rules, including without limitation, respecting disqualifications and eligibility determinations.
10. Disputes
A participant, by submitting any entry for this Contest (whether such participant is an Eligible Participant or is disqualified) agrees that: any and all disputes, claims, and causes of action arising out of or connected with this Contest shall be resolved individually, without resort to any form of class action; any and all claims, judgments and awards shall be limited to direct out-of-pocket costs incurred, including costs associated with entering this Contest but in no event lawyers’ fees; and all rights to claim punitive, incidental and consequential damages, multiple damages and any other damages, other than direct out-of-pocket expenses, are hereby irrevocably waived. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO ALL SUCH PARTICIPANTS.
For Residents of Quebec: Any litigation concerning the conduct or administration of this Contest may be submitted to the Régie des alcools, des courses et des jeux (the “Régie”) for a ruling. Any litigation concerning the awarding of a Prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.
11. Governing Law
The Contest is void where prohibited by law and is subject to all applicable Canadian federal, provincial, territorial, municipal and local laws. This Contest shall be governed exclusively by the laws of the Ontario and the federal laws applicable therein, including all issues and questions concerning the construction, validity, interpretation and enforceability of these Contest Rules, rights and obligations between entrants and CropLife Canada, and procedural provisions, without giving effect to any choice of law or conflict of law rules. Any dispute shall be adjudicated by the courts sitting in Ontario.
12. Rule Amendments
CropLife Canada reserves the right, in its sole 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 CropLife Canada corrupts, or threatens to corrupt, the security or proper administration of the Contest.
13. List of Winners and Rules
A list of Winners and a copy of these Rules can be obtained at pestmanagementchallenge.ca or by contacting CropLife Canada at 350 Sparks St. #1201, Ottawa, ON K1R 7S8 and providing CropLife Canada with a self-addressed stamped envelope for provision of such information and materials.
14. 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 CropLife Canada. All rights reserved. Unauthorized copying or use of any of CropLife Canada’s intellectual property without the express written consent of CropLife Canada is strictly prohibited.
In the event of any discrepancy or inconsistency between the English language version and the French language version of the Contest Rules, as applicable, the English version shall prevail, govern and control.