Terms & Conditions
Terms and Conditions
PLEASE READ CAREFULLY. By participating in this Program, Participants agree to abide by the Terms and Conditions governing PhytoGen Best Yielder.
A. Overview of the Program
PhytoGen Best Yielder (the “Program”) is a loyalty and engagement program sponsored by Dow AgroSciences (“Sponsor”) through which eligible individuals (“Participants”) can earn and collect points (“Points”) by engaging with the Sponsor and its PhytoGen® cottonseed brand through content consumption and other directed actions (“Activities”) to earn points. To become a member and participate, Participants must have or create an account (“Account”). Participants can create an Account at MyBestYielder.com. Once an Account is set up, a Participant can log in to his/her Account and follow the instructions to earn points, update the profile, redeem points and/or take other various actions. Each completed action, as specified by the Sponsor, will add a designated number of points to the Account. The number of Points to be earned varies by action. A participant can then redeem these Points for rewards through the Program redemption catalog (“Rewards Catalog”) by clicking REDEEM on your Best Yielder Profile page.
B. Participation in the Program
Participation in the Loyalty Program is open to individuals who are legal residents of the states of Alabama, Arkansas, Arizona, California, Florida, Georgia, Kansas, Louisiana, Mississippi, Missouri, New Mexico, North Carolina, Oklahoma, South Carolina, Tennessee, Texas and Virginia who are at least eighteen (18) years of age as of the date of registration in the Program, and are associated with the cotton growing industry as a cotton grower, retailer, consultant or center of influence (“COI” - e.g., universities, municipalities, etc.). The Program is void elsewhere and where otherwise prohibited. The Program is sponsored by Dow AgroSciences, 9330 Zionsville Road, Indianapolis, IN 46268 (“Sponsor”); and administered by Bader Rutter, 1433 N. Water Street, Ste. 100, Milwaukee, WI 53202 (“Administrator”).
The Program is available to individuals only. Participants may maintain only one (1) Account. Corporations, associations, including school organizations or other groups, entities or organizations of any kind are not eligible to participate. For a farm with multiple individuals who are eligible, each individual may participate, but he/she must create and use his/her own Account. Participation in the Program constitutes the Participant’s agreement to be bound by these Terms and Conditions, and representation that the Participant meets the eligibility requirements set out in these Terms and Conditions. Those who do not comply with these Terms and Conditions may be prohibited from participating in the Program.
C. Earning Points
- Participants can earn Points by logging in to their Accounts and following the instructions and links to consume content and/or participate in Activities in order to earn Points. Limit: Each Participant may enter up to one thousand (1,000) Points per day during the Program Period, regardless of method of participation. For purposes of this Program, a day is defined as 12:00:00 AM (CT) to 11:59:59 PM (CT). In the event of any dispute regarding timing for earning of Points or redemption of Points, the Administrator’s computer, located in the Central Time zone, is the official timekeeping device for the Program.
- Once an activity is completed, the Points a Participant earns will appear in his/her Account. The value of the Points associated with the activity varies and is solely determined by the Sponsor. In addition, from time to time, the Sponsor may offer additional Points values on specified activities. Participants will be responsible for ensuring the accuracy of their Accounts. If a Participant believes his/her Account is not accurate, or that Points were not credited properly, he/she should send an email to the Administrator using the Contact Us link within two (2) weeks of completing the Activity in question. Sponsor shall have no liability for any printing, typographical, mechanical or other errors in the Points balances in a Participant’s Account. Sponsor reserves the right to delay the processing of Points, restrict access to an Account or remove Points from an Account if it determines that such Points were obtained fraudulently or Points were improperly credited to such Account.
- Sponsor may offer from time to time opportunities for Participants to earn Bonus Points.
- Participants are solely responsible for maintaining the accuracy and confidentiality of their Account, email address and password and Participants agree to accept responsibility for all activities that occur under their Account. Failure to abide by the Program Terms and Conditions or any policies or procedures implemented by Sponsor, any conduct detrimental to Sponsor, or any misrepresentation or fraudulent activities in connection with the Program may result, in addition to any rights or remedies available to Sponsor in law or equity, in the termination of participation in the Program, as well as forfeiture of Points accrued to date and any other benefits a Participant has earned in connection therewith, in Sponsor’s sole discretion.
- Points do not constitute property, do not entitle a Participant to any vested right or interest and have no cash value. As such, Points are not redeemable for cash, transferable or assignable for any reason, and are not transferable upon death, as part of a domestic relations matter or otherwise by operation of law. The sale, barter, transfer or assignment of any earned Points, other than by Sponsor, is strictly prohibited. Any Points remaining in a Participant’s Account at the end of the Program, as determined and announced by Sponsor, will be forfeited.
D. Redeeming Points for Rewards
- Participants may redeem their Points for merchandise, discounts, sweepstakes entries and other offers and items (“Rewards”) listed in the Rewards Catalog (“Rewards Website”). The Rewards Catalog will change periodically, so Participants should be sure to visit the Rewards Website often to see what items are currently available. Rewards are offered while supplies last and are not guaranteed to be available throughout the entire Program. The Rewards Catalog will list the corresponding Points value required to obtain each item. For details, please review the Rewards Catalog at the Rewards Website. All redemptions are subject to the Terms and Conditions of the Program and any conditions or limitations stated in the Rewards Catalog.
- To redeem Points for Rewards, Participants should click on Redeem and follow the links and instructions to browse through the Rewards. Once a Participant has located an item he/she would like, he/she can obtain the item by clicking on “Redeem.” The Participant will receive an email confirmation that the reward has been ordered and the associated Points will be deducted from their Account for that item.
- Once an item has been ordered from the Redemption Center, the order is final and the appropriate number of Points will be deducted immediately from the Account. Points will not be refunded, or placed back into a Participant’s Account after an order has been placed. Additionally, Reward items may not be returned, except in limited circumstances as determined at Sponsor’s sole discretion, such as with damaged items. For questions regarding damaged items, please use the Contact Us link provided at the Rewards Website or call 1-800-601-5874.
- Please allow approximately 4-6 weeks after an item has been ordered for shipment of the item. Fulfillment times may vary depending on the item(s) ordered.
By participating in this Program, Participants agree to release and hold harmless Sponsor, Administrator, and their agencies, affiliates, subsidiaries, advertising, promotion agencies, their affiliates and each of their respective employees, shareholders, officers, directors, agents, members, assigns, and their immediate family members and/or those living in the same household of each (collectively, the “Program Entities”) from any and all liability for claims, injuries, losses or damages of any kind, including without limitation, death and bodily injury, resulting, in whole or in part, directly or indirectly, from the awarding, delivery, acceptance, use, misuse, possession, loss or misdirection of any reward, and/or participation in the Program or any Program-related activities.
E. Inactive Accounts
Sponsor reserves the right to remove all Rewards Points from an Account in the event of inactivity for ninety (90) consecutive days. Inactivity is defined as no Point earning and/or redemption activity. No extensions, cash refunds or other exchanges will be allowed for Points that have been removed from an Account based upon inactivity. Participants will be notified of inactivity after 30, 60 and 90 days via the email associated with Participant’s Account.
F. Modification and/or Termination of Program
- Sponsor reserves the right to modify the Program, including the Terms and Conditions governing the Program, at any time, with or without notice, even though these changes may affect a Participant’s ability to accumulate and redeem Points. Continued participation in the Program after such action by Sponsor constitutes acceptance of any modification to the Program, including changes to the Terms and Conditions.
- The Program is currently scheduled to begin on 10/25/17 at 12:00 AM (CT) and has an indefinite end date (“Program Period”). Sponsor in its sole discretion reserves the right to shorten, extend, suspend, modify or cancel the Program at any time. Points may be earned and participants will be able to redeem Points at any time during the Program Period as set forth in Section D. In the event any of these actions are taken by Sponsor, this may affect a Participant’s ability to accumulate and redeem Points. In the event the Program is terminated, Sponsor will notify Participants of such termination and will provide information on the last day to accumulate Points and to redeem Points, if applicable.
G. General Terms and Conditions
- Sponsor reserves the right to suspend or discontinue the eligibility of any Participant who uses, or is suspected of using, the Program in a manner inconsistent with these Terms and Conditions or any federal or state laws, statutes or ordinances. In addition to suspension or discontinuance of the Program eligibility, Sponsor shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.
- Any attempt by any Participant to undermine the legitimate operation of the Program may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.
- All questions or disputes regarding eligibility for the Program, the availability of items, Points balances or a Participant’s compliance with these Terms and Conditions will be resolved by Sponsor in its sole discretion.
- Neither Sponsor nor Administrator is responsible for any incorrect or inaccurate information supplied by Participants while participating in the Program.
- Participants are responsible for any applicable taxes on any items obtained through the Program.
- Participants are responsible for maintaining current Account Information, including email address, as this information will be used to contact Participants regarding their Account and their activity with the Program.
- The Program is subject to all applicable laws and regulations. The laws of the State of Indiana, without regard to its conflict of laws principles, will govern these Terms, as well as Participants’ and Sponsor’s observance of them. If a Participant takes any legal action relating to their use of this Program or these Terms, the Participant agree to file such action only in the state or federal courts located in Indianapolis, Indiana.
- Sponsor makes no warranty of any kind regarding the Program, which is provided on an “as is” and “as available” basis.
- The failure of Sponsor to comply with the Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state, or local governmental authorities or for any other reason beyond the reasonable control of Sponsor, shall not be deemed a breach of the Terms. If any such contingency shall last for more than sixty (60) days, Sponsor shall have the right to terminate the Program immediately by giving notice and shall have no further obligation to any member.
- Sponsor’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Sponsor in writing.