2014 Clearfield wheat Loyal Grower Bonus Official Terms and Conditions: 1. Offer: Subject to the terms, conditions and restrictions set forth below, BASF Canada Inc. (“BASF”) is offering Eligible Participants the opportunity to increase their 2014 AgSolutions® Rewards Rebate (the “Rebate”) by ten percent (10%) (the “Additional Rebate”). Eligible Participants (as defined below) who participate in the Offer are NOT eligible to register for or participate in the 2014 AgSolutions Early Order Bonus or the Clearfield Canola Loyal Grower Bonus offers. 2. Eligibility: Offer is open to Canadian growers who: (i) reside in Alberta, Manitoba, Saskatchewan or British Columbia (Peace Region); (ii) purchased and grew Clearfield wheat (certified seed and/or farm saved) in either the 2012 or 2013 wheat growing seasons, considered to be the period from October 1, 2011 through September 30, 2013; (iii) signed a Clearfield Commitment Form for wheat in either the 2012 or 2013 wheat growing seasons, considered to be the period from October 1, 2011 through September 30, 2013; (iv) are the owner, operator or designated representative of a farm with a minimum of 400 acres of wheat (the “Farm”); and (v) have reached the legal age of majority in their province of residence (each, an “Eligible Participant”). Employees (and those residing with them, whether related or not) of BASF, and its advertising agencies are not eligible to participate in this Offer. 3. How to Qualify: To qualify for the Offer, an Eligible Participant must: a. Purchase from an eligible Western Canada Richardson Pioneer Ag Business Centre (each, a “Purchase Transaction”), a minimum of one-thousand (1,000) acres of qualifying BASF agricultural crop products between October 1, 2013 and September 30, 2014 (the “Purchase Period”). Purchase is defined as an invoiced sales transaction. Purchase must consist of: i. A minimum of four hundred (400) acres of matching Clearfield wheat seed (WR859 CL), and Altitude FX herbicide for intended for use in the 2014 wheat season; ii. A minimum of six hundred (600) acres of any other qualifying BASF agricultural products. The additional qualifying BASF agricultural products include: ARES®, HEAT®, DISTINCT®, VIPER® ADV, HEADLINE®, TWINLINE®, PRIAXOR® DS, INSURE™ Cereal, NODULATOR® XL (liquid, SA peat and/or solid core granule formulations), NODULATOR N/T (liquid and/or SA peat formulations), NODULATOR (spherical granule and/or solid core granule formulations), and NODULATOR PRO. b. Sign a Clearfield Commitment Form for wheat, the annual license required by a customer using the Clearfield technology, if a Commitment was not signed with a Richardson Pioneer Ag Business Centre in either the 2012 or 2013 wheat growing season. Visit your preferred Richardson Pioneer Ag Business Centre for more information and/or to complete a Clearfield Commitment Form. Signed Commitment Forms must be submitted by your retailer to BASF on or before July 9, 2014. c. Accept and agree to be legally bound by these Offer Terms and Conditions. In addition, on registering for the Offer, Eligible Participants will have the opportunity to agree to the Terms and Conditions contained within BASF’s PIPEDA Consent and Commercial Electronic Messages Consent. Eligible Participants may subsequently withdraw their consent to receive electronic communications, without affecting their eligibility for this Offer. 4. Verification: BASF reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility: (i) for the purposes of verifying any Eligible Participant’s eligibility to participate in this Offer; (ii) for the purposes of verifying the legitimacy of any Order, Data, Purchase Transaction or other information; and/ or (iii) for any other reason BASF deems necessary, in its sole and absolute discretion, for the purposes of administering this Offer in accordance with these Offer Terms and Conditions. All determinations regarding whether or not an Eligible Participant has qualified for the Offer in accordance with these Offer Terms and Conditions will be made by BASF in its sole and absolute discretion. 5. Notification and Confirmation: If an Eligible Participant has qualified for the Offer (as determined by BASF in its sole and absolute discretion), the Eligible Participant will be notified by a representative of BASF using the information provided in the Registration. If an Eligible Participant: (a) cannot accept (or is unwilling to accept) the Additional Rebate for any reason; and/or (b) is determined to be in violation of these Offer Terms and Conditions (all as determined by BASF in its sole and absolute discretion); then the Eligible Participant may, in the sole and absolute discretion of BASF, be disqualified (and, if disqualified, will forfeit all rights to the Additional Rebate). 6. Additional Rebate: Once an Eligible Participant has been confirmed as being eligible to receive the Offer, the Eligible Participant’s Additional Rebate (calculated as 10% of the Eligible Participant’s Rebate) will be paid in the form of a cheque. 7. Limit: There is a limit of one (1) Registration/Offer/Additional Rebate per Eligible Participant/Farm. For the avoidance of any doubt, the same Eligible Participant/Farm cannot qualify for this Offer (including, but not limited to, the payment of an Additional Rebate) more than one (1) time. 8. Qualifying Products and Quantities: The Offer qualifying quantities for the purchases of matching Clearfield wheat seed and qualifying Clearfield wheat herbicide; and other qualifying BASF crop protection products set out above, will be calculated using the following label rates: PRODUCT APPLICATION RATE ACRES/CASE Clearfield wheat [WR859 CL] 0.67 acres/bushel ALTITUDE FX – 20 ARES – 40 HEAT – 640 DISTINCT – 80 VIPER ADV – 40 HEADLINE – 80 TWINLINE – 80 PRIAXOR DS – 160 INSURE Cereal – 160 NODULATOR N/T Liquid – 140 NODULATOR N/T SA Peat – 117 NODULATOR XL Liquid – 135 NODULATOR XL SA Peat – 50 NODULATOR XL Solid Core Granules – 15 NODULATOR Spherical Granules – 8 NODULATOR Solid Core Granules – 10 NODULATOR PRO – 140 – 9. General: Retailers will submit Purchase Transactions and signed Clearfield Commitment Forms, as well as other relevant transactional data (collectively, the “Data”), on behalf of their customers to BASF and Offer eligibility will be determined using this Data. In order to be eligible: (i) all Purchase Transaction Data must be submitted to BASF by October 9, 2014; and (ii) signed Commitment Forms must be submitted by your Richardson Pioneer Ag Business Centre to BASF on or before July 9, 2014. 10. This Offer does not apply to any products returned for any reason whatsoever or to any products purchased for resale. 11. If an Eligible Participant who has qualified for the Offer returns any product to their retailer after September 30, 2014, the Eligible Participant may, in the sole and absolute discretion of BASF, be required to reimburse BASF for the Additional Rebate. If such reimbursement is required, failure to do so will result in an automatic deduction from the applicable Eligible Participant’s Rebate in subsequent years. 12. Allow a minimum of eight (8) weeks for the Additional Rebate to be paid from the time the final Data is received and verified by to BASF. All Data is subject to verification and will be considered void if it cannot be verified to the complete satisfaction of BASF. Offer must be accepted as awarded and is not transferable. No substitutions. 13. BASF assumes no responsibility for lost, delayed, incomplete, incompatible or misdirected Registrations, Data, Orders, Purchase Transactions and/or any other information. Offer is subject to all applicable federal, provincial and municipal laws. The decisions of BASF with respect to all aspects of this Offer are final and binding without right of appeal. BASF will not be liable for: (i) any technical malfunctions or other problems; (ii) the failure of any Registration, Order, Purchase Transaction, Data and/or other elements of this Offer to be received, captured or recorder by BASF or other entities for any reason whatsoever; and/or (iii) any combination of the above. 14. BASF reserves the right, in its sole discretion, to withdraw, suspend or amend this Offer in any way, or to amend these Offer Terms and Conditions without prior notice or obligation, in the event of: (i) any error, technical problem, tampering, fraud, technical failure or any other cause beyond the reasonable control of BASF that interferes with the proper conduct of this Offer as contemplated by these Offer Terms and Conditions; and/or (ii) any accident, printing, administrative error, or other reason of any kind. Any attempt to undermine the legitimate operation of this Offer may be a violation of criminal and civil laws and should such an attempt be made, BASF reserves the right to seek remedies and damages to the fullest extent permitted by law. 15. BASF reserves the right, in its sole and absolute discretion, and without prior notice, to adjust any of the dates and/or timeframes stipulated in these Offer Terms and Conditions in light of any circumstances which, in the opinion of BASF, in its sole and absolute discretion, affect the proper administration of the Offer as contemplated in these Offer Terms and Conditions, or for any other reason. 16. In the event of any discrepancy or inconsistency between these Offer Terms and Conditions and disclosures or other statements contained in any Offer-related materials; these Offer Terms and Conditions shall prevail, govern and control to the fullest extent permitted by law. 17. By participating in this Offer, each Eligible Participant expressly consents to BASF, its agents and/or representatives, storing, sharing and using the personal information submitted with his/her Registration, or as otherwise described in these Offer Terms and Conditions only for the purpose of administering the Offer and in accordance with BASF’s privacy policy (available at: www.agsolutions.ca), unless the Eligible Participant otherwise agrees. Grower PIPEDA Consent BASF is committed to your right to privacy and keeping your personal information private. By agreeing below, you consent and authorize your retailer and other third parties to collect and disclose to BASF or BASF’s third party service providers your transactional data. Other information relating to your purchases and use of BASF agricultural products (including, for greater certainty, seed varieties licensed or distributed by or on behalf of BASF or any of its affiliates) (collectively the “Information”). You also consent and authorize your retailer and other third parties to collect and disclose to BASF or BASF’s third party service providers your personal information, as defined in federal and/or provincial privacy laws. By agreeing below, you agree to the collection, use and disclosure (including disclosure to BASF’s affiliates, your retailer, authorized seed sellers or BASF’s third party service providers) of your personal information and the Information by BASF or by BASF’s third party service providers for the purposes of: (i) administering the Offer; (ii) verifying BASF’s marketing program payments to you; (iii) developing and administering BASF’s marketing programs; (iv) developing, promoting and offering additional information, products and services to you; and (v) BASF’s internal use. Except as provided in this consent, BASF will not sell or disclose your personal information to any third party, without your prior written consent (does not apply to Information). You may find out more about BASF’s privacy practices by viewing its Privacy Policy on the BASF website (www.agsolutions.ca). If you wish to know what personal information we have in our files about you, request a change to the personal information or wish to be removed from our mailing list, please contact us at 1-877-371-2273. Commercial Electronic Message Consent By agreeing below, you also consent and authorize BASF to send commercial electronic messages (“CEM”) (including, without limitation, e-mails, text messages, instant messaging, social media messaging and any other message sent by means of telecommunication) to your electronic addresses set forth below. Your consent is sought by Kenna Communications LP (“Service Provider”) for and on behalf of BASF. We will send CEM to you for the purposes of: (i) verifying BASF’s marketing program payments to you; (ii) developing and administering BASF’s marketing programs; and (iii) developing, promoting and offering additional information, products and services to you. You may contact BASF at: Mail: 100 Milverton Drive, 5th Floor, Mississauga, ON, L5R 4H1 Telephone: 1-866-485-BASF (2273) Email: [email protected] You can find out more about BASF at www.agsolutions.ca You may contact the Service Provider at: Mail: 1000-90 Burnhamthorpe Rd. West, Mississauga, ON, L5B 3C3 Telephone:905-277-2900 You can find out more about the Service Provider at www.kenna.ca You may withdraw your consent to receive CEM by contacting BASF or the Service Provider using the contact information set forth above. I have read and agree to the Terms and Conditions of the Offer. I have read and agree to the Grower PIPEDA Consent and the Commercial Electronic Message Consent. Always read and follow label directions. AgSolutions, HEADLINE and DISTINCT are registered trade-marks of BASF Corporation; ALTITUDE FX, HEAT, PRIAXOR and TWINLINE are registered trade-marks, and INSURE is a trade-mark of BASF SE; Clearfield, and VIPER are registered trade-marks, and ARES is a trade-mark of BASF Agrochemical Products B.V.; NODULATOR is a registered trademark BASF; all used with permission by BASF Canada Inc. ALTITUDE FX, INSURE, HEADLINE, TWINLINE and/or PRIAXOR DS should be used in a preventative disease control program. ALTITUDE FX can only be used on wheat varieties with the Clearfield trait. © 2013 BASF Canada Inc.
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