These Official Rules (these “Rules”) apply to the Soil Health Challenge (the “Challenge”) administered and operated by Indigo Ag, Inc. (“Indigo”). Any participant (“Participant”) in the Challenge will be bound by these Rules. As used herein, “Promotion Entities” means Indigo and any of its affiliates or subsidiaries.
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER THE CHALLENGE, AND WILL NOT INCREASE THE CHANCE OF WINNING. THE CHALLENGE IS INTENDED FOR LEGAL RESIDENTS OF THE UNITED STATES AND WILL BE GOVERNED BY UNITES STATES LAW. VOID WHERE PROHIBITED.
Challenge period
The Challenge begins July 7, 2021 12:00am Mountain Standard Time (“MST”) and ends August 9, 2021 12:00pm MST (“Challenge Period”).
Eligibility
Eligible Participants must be (a) eighteen (18) years of age or older at the time of entry, (b) legal residents of the United States, and (c) entrants’ participation must not cause Indigo or entrants to be in violation of any law, rule, regulation, order, treaty or other governmental authority. Employees of Indigo Ag, Inc. and its affiliates are not eligible to participate.
To enter, eligible Participants must publicly post an Eligible Photo to one of the following channels:
Facebook: Like Indigo’s Facebook page and share your image or video tagging @IndigoAgriculture, and using the hashtag #SoilHealthChallenge21
Twitter: Follow @IndigoAg on Twitter and share your image or video tagging @Indigoag, and using the hashtag #SoilHealthChallenge21
Instagram: Follow @IndigoAg on Instagram and share your image or video tagging @Indigoag, and using the hashtag #SoilHealthChallenge21.
each of which is considered an “Entry”.
Entries must be posted between July 7th 12:00am MST - August 9th 12:00pm MST in order to be eligible to win a prize.
An “Eligible Photo” must meet all of the following criteria:
- be an original work of the entrant,
- relate to a regenerative farming practices (result or in-progress) including but not limited to: cover crops, no till, water retention, livestock integration, input reduction, crop rotation,
- Be a standard photo or video file format such as png, jpeg, tiff, etc.,
- have resolution of at least 1920 X 1080 pixels (or 1080 X 1080 pixels for square images) ,
- not contain any watermarks or text overlay or be altered in any way
- not infringe the privacy, intellectual property, or any other rights of any third party, including without limitation use of the likeness, name, or other indicia of any person, living or dead, without permission; the use of copyrighted material without permission; or use of a trademark or trade dress without permission
- not contain personally identifiable information or advertise or promote any particular product;
- not contain inappropriate or offensive content.
Indigo may disqualify any submission it considers to be or likely to be in violation of any requirement under these Rules. Compliance with eligibility guidelines will be determined by Indigo in its sole discretion.
Indigo reserves the right to remove any content it considers, in its sole discretion, to be inappropriate or offensive.
By submitting an Entry, each Participant agrees that Indigo may, without any limitation or further compensation, use his, her or its name, likeness, photos, videos, and any testimonials or statements in any and all media for any lawful purpose, including without limitation the purpose of advertising and promoting the Challenge, the adoption and use of regenerative farming practices, and any other promotion or contest sponsored by any of the Promotion Entities. Indigo is under no obligation to use any Entry.
Winner Selection
There will be one (1) winner. The potential winner will be selected at random from among all eligible entries received during each giveaway period, using a random number generator. The odds of winning a prize from participating in the Challenge depends on the total number of eligible entries received during the Challenge Period. A purchase from Sponsor or its affiliates will not increase your chance of winning any prize.
Prizes
The winner will receive a trip for up to two (2) to attend two (2) days of the Farm Progress Show to be held August 31-September 2, 2021 in Decatur, IL (“Winner Prize”). The prize consists of the following: transportation to the show consisting of round- trip economy class air transportation from the commercial airport nearest the winner’s location to Decatur, IL (DEC), or vehicle rental or mileage reimbursement if winner’s location is within three hundred (300) miles of Decatur, IL; two (2) day, one (1) night standard occupancy hotel accommodations; and entry for two (2) to the Farm Progress Show for at least two (2) days. Travel and accommodations will be booked by Indigo. In the event, the Farm Progress Show is held as a virtual event the Winner Prize will consist of admission to the virtual event. The winner bears all risks of travel. The approximate value is of the Winner Prize is $2,500 (“ARV”).
All prizes are non-transferrable, non-extendable and non-exchangeable. All other prize expenses not specified herein shall be the sole responsibility of the prize winner, including, without limitation, taxes, airline, hotel and other fees, travel insurance, ground transportation, parking, food and beverage expenses, gratuities, and any personal expenses.
General Prize Conditions
Prize winners and its, his or her travel companion must travel together on the same itinerary and must possess all required travel documents, including visas and valid passports, if and as applicable. All aspects of the travel portions of any prize must be conducted on such dates as determined by Indigo in its sole discretion. The dates of departure and return are subject to change at Indigo’s sole discretion. ARV for travel prizes is an estimate made before the Challenge begins. Winners will not receive cash or any other form of compensation if actual travel costs are less than the estimate made in these Rules, including in the event is held in an online format. No interest will be awarded on cash prizes. The prize restrictions/conditions stated herein are not all-inclusive and any prize described above may be subject to additional restrictions/ conditions, which may be stated in prize claim documents and/or other travel documents. In the event any prize winner and/or his, her or its travel companion engages in behavior that, as determined by Indigo in its sole discretion, is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Indigo reserves the right to terminate the trip or other applicable experience early, in whole or in part, and send the prize winner and/or his, her or its travel companion(s) home with no further compensation.
Prizes will be awarded only if the potential winners fully comply with these Rules. All costs, including, without limitation, federal, state and local taxes, meals, insurance, gratuities, personal purchases, and other expenses not specifically identified as included in the prize, are the sole responsibility of the winners. No transfer, assignment, cash redemption or substitution of prizes (or portion of prize) except by Indigo due to prize unavailability and then for a prize (or applicable portion of prize) of equal or greater value as determined by Indigo. All details and other restrictions of prizes not specified in these Rules will be determined by Indigo in its sole discretion.
The potential winning Participants will be notified by Indigo on the social media platform their entry was submitted promptly following winner selection. Winners may be required to execute and return an Affidavit of Eligibility and Liability/Publicity Release or other similar documentation within seven (7) days following the date of attempted notification. If a selected winner cannot be contacted, is ineligible, fails to claim a prize, and/or fails to return any Affidavit of Eligibility and Liability/Publicity Release (if required), within the applicable time period, Indigo may elect to disqualify the selected winner, who will then forfeit his or her right to receive the applicable prize, and Indigo, at its discretion, may select an alternate potential winner.
The Challenge is not sponsored, endorsed or administered by, or associated with Facebook, Instagram, Twitter, or the Farm Progress Show. Any questions, comments or complaints regarding this Challenge should be directed to Sponsor.
Publicity; License
By participating in the Challenge, in addition to any other grants which may be granted in any other agreement entered into between Indigo and Participant, each Participant irrevocably grants Indigo, the Promotion Entities, and their respective successors, assigns and licensees, the right to use such Participant’s name, likeness, biographical information, testimonials, photos or videos (including without limitation Eligible Photos provided to Indigo, the Promotion Entities or any representatives thereof), submission information, and status as a Participant, potential winner or winner of Challenge, in any and all media now known or later developed for the promotion of the Challenge and the use and adoption of regenerative agriculture practices, and hereby release Indigo and the Promotion Entities, and their respective representatives, from any liability with respect thereto.
Participants understand and agree that Indigo may issue press releases and other public statements or promotional materials that reveal the identity of the winners of the Challenge, the information contained in any questionnaire about Participant’s agriculture practices, and any other information provided by Participant to Indigo, and hereby consents to all such public disclosures.
Participant has certain privacy rights with respect to their personal data provided under this Agreement and can consult Indigo’s privacy policy (https://www.indigoag.com/privacy-policy) to learn more about those rights and how to exercise them.
Indigo is committed to our policy of not permitting content violates the rights of third parties. Entries are voluntarily made and Indigo is under no obligation to scan or monitor submissions for compliance with third-party rights. If you believe that any entry contains infringing content, please contact Indigo immediately at the address below and provide the following information:
- Identification of the copyrighted work you believe has been infringed,
- Identification of the material you believe to be infringing or to be the subject of infringing activity, including information sufficient for us to locate the specific work, for example a webpage URL and a description of the particular element alleged to be infringing (e.g. a description of the image, text, or data),
- Your contact information including your address, telephone number, and email address, and, if you are submitting the complaint on behalf of a company, the company information and your job title,
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law,
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of the exclusive right that is allegedly infringed, and
- A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Copyright Agent
c/o Indigo Ag, Inc.
500 Rutherford Ave.
Charlestown, MA 02129
Dates and Deadlines
Because of the unique nature and scope of the Challenge, Indigo reserves the right, in addition to any other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Rules or otherwise governing the Challenge. Any such changes in dates or deadlines may be made without notice. Indigo cannot accurately predict the number of Participants who will participate in the Challenge.
Further Documentation
If Indigo shall desire to secure additional assignments, certificates of engagement for Participant’s participation in Challenge or other documents as Indigo may reasonably require in order to effectuate the purposes and intents of these Rules, then each Participant agrees to sign the same upon Indigo’s request therefor. Winners may be required to execute and/or complete prize claim documentation. Any failure of a winner to so complete or execute and return such documentation shall be disqualified from receiving any prize.
Updates
Indigo reserves the right in its sole discretion to modify these Rules without prior notice and Participants will be responsible for compliance with all changes.
Compliance with Rules; Improper Conduct
Any violation of these Rules will disqualify a Participant. Indigo reserves the right in its sole discretion to disqualify or prohibit a Participant from participation in the Challenge who (a) has committed any bad faith acts relating to the Challenge, (b) has engaged in conduct that annoys, abuses, threatens or harasses any person, or (c) has attempted or intends to attempt any of the foregoing.
IMPORTANT. PLEASE READ - GENERAL RELEASE AND LIMITATIONS ON LIABILITY. By entering the Challenge, Participant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with the Challenge, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Challenge, but in no event will attorneys’ fees be awarded or recoverable; and (3) under no circumstances will any Participant be permitted to obtain any award for, and Participant hereby knowingly and expressly waives all rights to seek, punitive, incidental or consequential damages and/or any other damages, other than actual out-of-pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased. Each Participant acknowledges and agrees that the Promotion Entities and their representatives are not responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with: (i) incomplete, lost, late, misdirected or illegible entries or for failure to receive entries due to any cause, including without limitation human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with sender, with Indigo, or otherwise, that may limit a Participant’s ability to participate in the Challenge; (ii) any injury or damage resulting from participation in the Challenge and/or the use of any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on the Participant’s rights of publicity or privacy, or the Participant’s claim that he, she or it has somehow been defamed or portrayed in a false light. Promotion Entities assume no responsibility for any damage to an entrant’s computer system which is occasioned by accessing any Challenge website or participating in the Challenge, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information.
Governing Law
All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules or the rights and obligations of any Participant or Indigo in connection with the Challenge shall be governed by the laws of the State of Tennessee without giving effect to any choice of law or conflict of law rules or provisions. The invalidity or unenforceability of any provision of these Rules shall not affect the validity or enforceability of any other provision hereof. In the event any provision is determined to be invalid or otherwise unenforceable or illegal, these Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
Any dispute arising hereunder or otherwise relating to the Challenge shall be subject to the exclusive jurisdiction of state and federal courts located in Shelby County, Tennessee, and Participant hereby consents to personal jurisdiction in such courts.
Sponsor
Indigo Ag, Inc.
Rutherford Ave
Charlestown, MA 02129
Indigo may, in its discretion, transfer the operation of Challenge to any affiliate, subsidiary or any other entity.