- Eligibility: The giveaway contemplated herein (the “Contest”) is open only to duly recognized employees or representatives of a third-party supply partner of Indigo Carbon PBC (“PBC”) that have an existing written agreement in full force and effect throughout the Contest Period with PBC to (i) refer third-party farmers to the Carbon by Indigo program (the “Program”), and (ii) provide Program services to such third-party farmers (such third-party supply partner, the “Program Partner”, and such employee or representative of Program Partner, the “Partner Representative”). A Partner Representative must be (i) an individual, (ii) recognized by Indigo Ag, Inc. (“Indigo”) in its internal tracking system, and (iii) directly solicited and invited by Indigo or PBC to participate in this Contest. In addition, to be eligible in the Contest, a Partner Representative must be actively providing services to third-party farmers under the Program. In the event of any dispute as to whether an individual qualifies as a Partner Representative, Indigo’s determination, made in its sole discretion, shall be final, determinative and binding. Program Partners are excluded from participation in the Contest.
The Contest is only open to legal residents of the United States, and is void where prohibited by law. Employees of Indigo, its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in the Contest. The Contest is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
- Agreement to Rules; Eligible Participants: By participating, Partner Representative agrees to be fully unconditionally bound by the terms and conditions set forth herein (the “Rules”), and Partner Representative represents and warrants that Partner Representative meets all eligibility requirements. Any participation (including any entry) in the Contest shall be subject to these Rules, which includes, without limitation. No person shall be eligible to receive the Prize or otherwise participate in the Contest if such person has not accepted these Rules. Partner Representative agrees to accept all decisions of Indigo and its personnel with respect to the operation of the Contest, including, without limitation, any determination of eligibility for any prize hereunder. Any of the following acts shall be deemed to be acceptance of the Rules: (i) performance of services to third-party farmers relating to the submission of Final Filing (as defined below) under the Program during the Contest Period; (ii) solicitation, request or claim of a prize under the Contest by Partner Representative; and/or (iii) any other actions by Partner Representative that would reasonably be interpreted as recognition of, and participation in, the Contest.
- Contest Period: The “Contest Period” is 12:01 AM (Boston time) on November 11, 2024 and 11:59 PM (Boston time) on January 27, 2025.
- How to Enter: With respect to any Partner Representative that is actively providing services to at least one (1) Farmer (as defined below) under the Program, for each Farmer assigned to such Partner Representative that fully submits and completes Final Filing for at least one (1) field during the Contest Period, the Partner Representative will receive one (1) entry into the Contest (an “Entry”). Partner Representative will only receive one (1) Entry per Farmer that meets the above requirement, regardless of the number of fields subject to Final Filing.
Each Farmer shall have a maximum of one (1) Partner Representative (if any) assigned to its account. Partner Representative shall only receive an Entry if the Farmer is the assigned representative to the applicable Farmer. Indigo shall have the right to assign Partner Representatives to any Farmer account, in its sole discretion. In the event of a dispute as to whether a Partner Representative is the designated representative of a Farmer, Indigo’s determination shall be final, determinative and binding.
As used herein, “Farmer” means a farmer that is enrolled in the Program on or prior to September 15, 2024 and is an active participant in good standing under the Program as of February 1, 2025. Farmer must have a valid account under the Program and have acres of qualifying farmland enrolled in the Program. Farmer must meet all eligibility requirements for participation in the Program. Farmer must have at least one (1) field enrolled under his/her/its Program account, which includes, without limitation, such field’s boundaries have been mapped and validated under the Program, and is otherwise recognized as being enrolled and complete in the Program’s platform.
As used herein, “Final Filing” means the complete and satisfactory (as determined by Indigo, in its sole discretion) submission of all data, documentation and information required by the Program for a field to be submitted to the verification process for the generation of carbon credits under the Program. For the avoidance of doubt, if Indigo is missing any information, documentation or information for a field, and is thus unable to verify or quantify the generation of carbon credits on such field, then such field will be deemed to have not completed Final Filing. Unless otherwise approved by Indigo, Final Filing must be completed in the Program’s platform. The Final Filing must be completed during the Contest Period for an entry to be recognized. The Final Filing is subject to any requirements established by Indigo under the Program for such process.
- Selection of Winner. After the Contest Period, a representative of Indigo will select five (5) Entries at random to win the Contest prize. If a selected Entry is not eligible to win under the Rules, such Entry will be disqualified, and another Entry will be selected by Indigo until a qualifying Entry is selected. As used herein, the Partner Representative associated with a winning Entry shall be a “Winner” of the Contest. The timing, manner and method of random selection of the Entry is subject to Indigo’s discretion.
Winners will be notified by email, or phone within fifteen (15) days following selection of Winner. Indigo shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, or fails to claim the prize (or otherwise fails to respond) within five (5) calendar days from the time award notification was sent, the prize may be forfeited and an alternate Winner selected for the respective Prize. Receipt by Winner of the Prize offered in this Contest is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE RULES BY WINNER (AT INDIGO’S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CONTEST, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
- Prize: The “Prize” will be a Visa gift card for USD $1,000.00. A total of five (5) Prizes will be awarded under this Contest. Only one Entry (associated with one Winner) will be selected to win each Priz No other prizes will be paid out by Indigo hereunder. Any Partner Representative is only eligible to receive one (1) Prize. In no event shall Indigo’s liability under the Contest exceed an aggregate of USD $5,000.00.
At Indigo’s option, in its sole and absolute discretion, Indigo may substitute one or more Prize(s) with an alternative prize of equal or similar value, which may include, without limitation, a cash payment.
The Prize is nontransferable. The individual Partner Representative shall be deemed to be the Winner, and not the Program Partner. It shall be the Partner Representative’s duty to disclose the receipt of the Prize to the Program Partner.
Each Winner shall be solely responsible for all federal, state and/or local taxes relating to the Prize. Indigo may make payment of the Prize contingent upon Winner providing all reasonably requested documentation to process the payment, including, without limitation, the submission of any applicable tax forms.
Subject to compliance with any administrative requirements established by Indigo, issuance of the Prize will be made no later than June 1, 2025.
Acceptance of the Prize constitutes permission for Indigo to use Winner’s name, likeness, and Entry for purposes of advertising and trade without further compensation, unless prohibited by law. In addition, Indigo may make the Winner’s identity public or otherwise available to other participants in the Contest.
VISA IS NOT AFFILIATED WITH INDIGO, ANY OF INDIGO’S AFFILIATES, THE CONTEST OR THE PROGRAM. NOTHING HEREIN SHOULD BE INTERPRETED AS AN ENDORSEMENT OR SPONSORSHIP BETWEEN INDIGO AND VISA.
- Odds: The odds of winning depend on the number of eligible Entries.
- Terms & Conditions: Indigo reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest should virus, bug, non-authorized human intervention, fraud, or other cause beyond Indigo’s control corrupt or affect the administration, security, fairness, or proper conduct of the Contest. In such case, Indigo may select the Winner(s) from all eligible entries received prior to and/or after (if appropriate) the action taken Indigo reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Contest or website or violates these Rules. Indigo has the right, in its sole discretion, to maintain the integrity of the Contest, to void entries for any reason, including, but not limited to the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Contest may be a violation of criminal and civil laws. Should such attempt be made, Indigo reserves the right to seek damages to the fullest extent permitted by law.
- Limitation of Liability: Partner Representative agrees to release and hold harmless Indigo and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such Partner Representative’s participation in the Contest and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or internet service; (iv) unauthorized human intervention in any part of the entry process or the Contest; or (v) electronic or human error in the administration of the Contest or the processing of entries.
- Disputes: THIS CONTEST IS GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA AND THE COMMONWEALTH OF MASSACHUSETTS, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Contest, each participant agrees that any and all disputes that 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 the Commonwealth of Massachusetts having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (e. costs associated with entering this Contest). Participant further waives all rights to have damages multiplied or increased.
- Privacy Policy: Information submitted with an entry is subject to the Privacy Policy stated on the Indigo To read the Privacy Policy, visit the footer of Indigo’s website (www.indigoag.com).
- Winners List: To obtain a copy of the Winner’s name or a copy of these Rules, mail your request along with a stamped, self-addressed envelope to: Attn: Legal, Indigo Ag, Inc., 500 Rutherford Avenue, Charlestown, MA 02129 Requests must be received no later than March 31, 2025.
- Sponsor: The Sponsor of the Contest is Indigo Ag, Inc., 500 Rutherford Avenue, Charlestown, MA 02129
