NUTRIEN AG SOLUTIONS
DIGITAL HUB SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE IS NECESSARY.
THE PURCHASE OF ANY GOOD OR SERVICE WILL NOT INCREASE YOUR CHANCES OF WINNING.
THE NUTRIEN AG SOLUTIONS DIGITAL HUB SWEEPSTAKES #2 (“SWEEPSTAKES”) IS VOID IN ALASKA, HAWAII, AND RHODE ISLAND AND WHERE PROHIBITED BY LAW. THIS IS A SEPARATE SWEEPSTAKES FROM THE SWEEPSTAKES BEGUN ON 11/24/2020.
THESE OFFICIAL RULES (“RULES”) ARE A LEGALLY BINDING AGREEMENT BY AND BETWEEN YOU AND SPONSOR (AS DEFINED BELOW) AND GOVERN YOUR ENTRY IN THE SWEEPSTAKES.
1. SPONSOR. This Sweepstakes is sponsored by Nutrien Ag Solutions, Inc., 3005 Rocky Mountain Avenue, Loveland, CO 80538 (“Sponsor”).
2. SWEEPSTAKES ENTRY PERIOD. The Sweepstakes begins at 9:00 AM (MST) on [ July 1, 2021 ] and ends at 5:00 pm (MST) on [ November 30, 2021 ] (the “Sweepstakes Period”). All entries must be received during the Sweepstakes Period. Sponsor’s clock is the official time-keeping device for entry into the Sweepstakes. No entries into the Sweepstakes will be accepted before or after the Sweepstakes Period.
3. ELIGIBILITY. This Sweepstakes is open to Customers only (defined below) who either already have a Digital Hub account with Sponsor or who set one up before or during the Sweepstakes Period. ONLY ONE ENTRY PER CUSTOMER WILL BE INCLUDED IN THE SWEEPSTAKES. ADDITIONAL ENTRIES SUBMITTED ON BEHALF OF THE SAME CUSTOMER WILL NOT BE INCLUDED IN THE SWEEPSTAKES DRAWING.
CUSTOMERS: “Customer” for purposes of these Rules, means a corporate entity (e.g. a corporation, limited liability company, partnership, sole proprietorship, or other legal entity) (an “Entity”) or person who on its, his or her own behalf (i) purchased product directly from Sponsor between [ July 1, 2021 ], and [ November 30, 2021 ]; (ii) is an “end-user” of agricultural products; (iii) is not a reseller, wholesaler, or distributor of agricultural products; and (iv) has a primary business address and is incorporated in (if an Entity), or is a legal resident of (if a person), the 48 continuous United States (except Rhode Island) or the District of Columbia. For clarification, an Entity employee who submits an Entry on behalf of a Customer is not the Entrant, the Entity is the Entrant. Whether an Entity or person qualifies as a Customer for purposes of this Sweepstakes will be determined at Sponsor’s sole discretion.
Any individual submitting an Entry on behalf of a Customer (and any Customer, if a person) must be (i) a legal resident of the 48 contiguous states of the United States of America (except Rhode Island) or the District of Columbia; (ii) physically domiciled in the United States at the time of entry; (iii) at least 18 years of age or older as of 9:00 AM (MST) at the beginning of the Sweepstakes Period; and (iv) duly authorized to enter the Sweepstakes and agree to these Rules on behalf of the Customer.
Employees (and persons with whom such employees are domiciled) of Sponsor, its parents, affiliates, subsidiaries, management companies, advertising agencies, public relations companies and marketing companies, and the immediate families of any of their respective employees or persons with whom such employees are domiciled, are not eligible to enter or win the Sweepstakes. “Immediate families” means parents, stepparents, grandparents, step-grandparents, spouses, domestic partners, siblings, step-siblings, grandchildren, step-grandchildren, children or step-children of any such employee or person with whom such employee is domiciled.
4. HOW TO ENTER. Enter through your current Digital Hub account or create an account at The Digital Hub website and submit an entry by either OPTION 1 or OPTION 2:
OPTION 1 (“DH Entry”): During the Sweepstakes Period, Customers who pay $5,000 (USD) or more on any current or outstanding bill via Sponsor’s online bill-payment system Digital Hub will automatically receive one (1) Entry.
Follow the steps below to pay online.
1. Log in to the Digital Hub at My.NutrienAgSolutions.com
2. Under the Account section, click on your account.
3. On the account's Overview page, select the Invoices tab.
4. Click on any unpaid invoice.
5. Next, click the yellow Pay Now button
OPTION 2 (“Email Entry”): During the Sweepstakes Period, Customers with a Digital Hub account will receive one (1) Entry into the Sweepstakes by sending an email with their name (this must be the name of the Customer, whether a person or an Entity), complete mailing address, complete email address, active telephone number, date of birth (if the Entrant is a person and not an Entity), and the following acknowledgment: “I acknowledge that I have read and agree to comply with the Rules of the Nutrien Digital Hub Sweepstakes” to: [ info@nutrien.com ]. Email Entries must be received by Sponsor during the Sweepstakes Period to be eligible.
Only one entry by any method (collectively, “Entries” and each, an “Entry”) will be included in the Sweepstakes drawing for each Customer who enters via either or both methods above. No photocopied, faxed, mechanically reproduced, or mass entries permitted. Entry constitutes Entrant’s agreement to these Rules. Only fully completed Entries are eligible. A DH Entry and an Email Entry will be treated in the same manner. Illegible, late, altered, counterfeit, defective, damaged, copied or reproduced Entries will not be accepted. Each Customer that submits an Entry is an “Entrant.”
Upon submission, all Entries (subject to your rights in your personal information, as discussed below) shall become the exclusive property of Sponsor and will not be acknowledged or returned. Sponsor acquires and retains all rights, title and interest therein, including the ownership and copyright of all Entries. Sponsor reserves the right to, and at its sole discretion may, reject any Entry for failure to comply with these Rules. Sponsor is not responsible for a change in Customer’s phone number, address, or email address.
5. PRIVACY. Any personal information that an Entrant provides in connection with the Sweepstakes shall be used as stated in these Rules and by Sponsor to administer this Sweepstakes, contact Entrants, and for the other purposes set forth in the Sponsor’s privacy policy located at https://my.nutrienagsolutions.com/privacy. By entering this Sweepstakes, Entrant agrees to and accepts Sponsor’s privacy policy. If you do not agree to be bound by Sponsor’s Privacy Policy, do not submit an Entry. If Entrant authorizes, by opting in, Sponsor may provide Entrant with information relating to products, services and promotions of Sponsor and affiliates of Sponsor. By participating in the Sweepstakes, Entrant agrees that Sponsor may share personal information of Entrant with the Sponsor Entities (as defined below) for the purpose of verification and prize fulfillment, and with third parties for the purpose of prize fulfillment, in the event Entrant is a Winner (as further discussed below).
6. WARRANTIES AND CONSENTS. By completing and submitting an Entry, Customer: (a) represents and warrants that (i) Customer has read, and agrees to be bound by, these Rules, (ii) based on the Rules, Customer is eligible to participate in the Sweepstakes, and (iii) all of the information provided as part of Customer’s Entry is accurate, does not violate any third party’s legal rights (including without limitation rights of privacy and publicity), and otherwise does not violate applicable law; (b) consents to the use of Customer’s name, logo, image, voice, and/or likeness by Sponsor for promotional purposes (whether online, in print or through any other media now known or hereafter developed), without additional compensation or authorization unless prohibited by law, anywhere throughout the world; and (c) agrees to be bound by the interpretation of these Rules by Sponsor, which are final in all matters relating to the Sweepstakes.
7. PRIZE DETAILS. One “Prize” will be awarded as follows:
One Grand Prize: The Prize winner (“Winner”) will receive the following: (a) [two round-trip economy class tickets for air transportation from an airport near winner’s residence to an airport near the event]; (b) [ hotel accommodations for two days, one night (one room, double occupancy) ]; (c) [ two gift cards for $250 each for food ]; and (d) two tickets to the [2022 Commodity Classic]. Approximate retail value of the prize is [$4,999 ].
The prize features include only those described in the Prize set forth above. Sponsor reserves the right to substitute elements of the Prize with comparable elements in its sole discretion.
Special terms and conditions related to the Prize are as follows: Seat/suite locations and dates are determined by Sponsor in its sole discretion and subject to availability. All travel details are to be determined by Sponsor. All travel components will arrive at and depart from [ Florida ] and will leave from and return to the airport (or location) of Sponsor’s choice. Sponsor is not responsible for cost of Winner’s travel or arrangements to the airport or location it chooses for departure and return. Winner is responsible for gratuities and all other expenses not specified herein, including fuel, insurance, surcharges, taxes, travel to/from point of departure and arrival, ground transportation, gratuities, merchandise, baggage fees, telephone calls, personal expenses, expenses related to overnight accommodations (unless specifically stated as part of the Prize), food and beverages (unless specifically stated as part of the Prize), service charges, in-flight entertainment, fees and other applicable charges and Winner may be required to pay such expenses at time of booking air and/or hotel reservations with a credit card. Exact travel dates, carriers, and arrangements are subject to availability and at Sponsor’s sole discretion. If hotel stay is included in Prize, hotel stay is for double occupancy only and hotel location is selected by Sponsor in its sole discretion. Winner’s guest for trip must be of legal age of majority in his/her jurisdiction of residence and the jurisdiction Winner and guest are traveling to, unless such guest is the child or legal ward of the Winner. Costs of extended hotel stay and/or flight/travel changes, if any, are at Winner’s sole expense. Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, car services, ground transportation, hotel operators, venue operators, transportation companies, or any other persons providing any prize-related services or accommodations. Sponsor is not responsible for any postponement or cancellation, for any reason, of any event, exhibit or attraction forming part of the Prize(s). Sponsor is not liable for any missed Prize events, opportunities or expenses incurred as a consequence of flight cancellation/delay or ground transportation delay. No refund or compensation will be made in the event of the cancellation or delay of any transportation or other Prize element except at the sole and absolute discretion of Sponsor. No changes to reservations are permitted once tickets are purchased and travel arrangements are booked on behalf of Winner. Winner and guest are responsible for, at Winner’s sole cost, all required travel documents (including, as required, passports, visas, vaccination certificates and insurance, including travel insurance) recommended or required to undertake and complete any travel portion of a Prize.
Other charges, costs or expenses of any kind not listed in the Prize Details including, without limitation, applicable fees, license fees and taxes are the sole responsibility of the Winner. Winner must abide by, and is subject to, all licensing, requirements or restrictions that may affect accessibility to and/or use of the Prize received. No substitution, cash redemption or transfer of a Prize is allowed, except at the sole discretion of Sponsor. Except as specifically described below, if the Winner is an Entity, the Prize cannot be assigned or transferred without prior written consent of Sponsor.
8. WINNER NOTIFICATION; VERIFICATION. The Winner will be selected by Sponsor via a random drawing from the pool of all eligible Entries on or about the date three (3) days after the end of the Sweepstakes Period. Sponsor will attempt to notify the potential Winner on or about one (1) day after the applicable drawing via the telephone number or email address listed on their Entry. Sponsor will make three (3) attempts over a five (5) business day period to contact the potential Winner (“Winner Notification Period”). If the potential Winner fails to respond to Sponsor during the Winner Notification Period, Sponsor may, in its sole discretion, select another Winner via a random drawing from the pool of all eligible Entries, but reserves the right not to select an alternate winner. To be declared an official Winner, the potential Winner will be required to sign and return to Sponsor a Declaration and Release Form in a form to be provided by Sponsor (the “Declaration”) within seven (7) business days of the date of Sponsor’s notification that the potential Winner has won (“Prize Claim Expiration Date”). After receipt of the Declaration, Sponsor will confirm the Winner and provide additional information on receiving the Prize. By completing, signing and returning the Declaration, the Winner: (a) confirms compliance with these Rules; (b) releases and forever discharges Sponsor and its parents, affiliates and subsidiaries and each of their respective directors, officers, partners, members, shareholders, employees, advertising and promotional agencies and the agents of each of them (collectively, the “Sponsor Entities”) from and against any and all loss, liability, claim, cost, demand, damage, action, cause of action and expense whatsoever arising or to arise by reason of Winner’s acceptance or use of the Prize; and (c) gives permission to Sponsor Entities, at their option, to publish or otherwise use the Winner’s name, address, photograph, video, likeness, voice and/or comments, without compensation, in any publicity carried out by any such person or entity or its advertising agencies, except where prohibited by law. The Declaration also allows Sponsor to share information about the Winner with Sponsor Entities and third parties as necessary to organize any event, trip, travel, or similar component of a Prize. If Winner fails to complete, sign and return the Declaration before 5:00 pm MST on the Prize Claim Expiration Date, the Winner will forfeit the Prize and an alternate Winner may be selected in accordance with these Rules.
9. ADDITIONAL TERMS RELATED TO ENTITY CUSTOMERS; RELEASE AND INDEMNIFICATION. If an Entrant is an Entity, any individual submitting an Entry on behalf of the Entity represents and warrants that he/she is duly authorized to submit an Entry and agree to these Rules on behalf of the Entity. BY ENTERING THIS SWEEPSTAKES, EACH INDIVIDUAL AND ENTITY ENTRANT HEREBY RELEASES, DEFENDS, HOLDS HARMLESS AND INDEMNIFIES SPONSOR ENTITIES FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, COSTS, INJURIES (INCLUDING WITHOUT LIMITATION, PROPERTY DAMAGE, PERSONAL INJURY (INCLUDING EMOTIONAL DISTRESS) AND/OR DEATH)), LOSSES, DAMAGES, EXPENSES OR CAUSES OF ACTION ARISING FROM OR RELATED TO ANY DISPUTE OR DISAGREEMENT BETWEEN OR AMONG THE ENTITY AND INDIVIDUALS ASSOCIATED WITH THE ENTITY REGARDING THE PRIZE.
If an Entrant is an Entity, then the Prize will be awarded to the Entity, and not to any individual, and the Declaration must be signed by a duly authorized officer of the Entity. A winning Entity may be required to designate the person(s) who will use the Prize, as necessary for Sponsor Entities or any third-parties to book any event, trip, travel, or similar components of a Prize, and that person(s) will also be required to complete a Declaration and Release Form in a form to be provided by Sponsor.
10. ODDS. The odds of winning the Prize are dependent upon the number of eligible Entries received by Sponsor.
11. DELIVERY. At Sponsor’s election, Sponsor will ship and/or email the Prize (such as tickets) to the Winner at Sponsor’s expense. Failure of delivery to Winner’s specified email or mailing address will be at the responsibility of Winner. Winner shall release and hold Sponsor harmless against any loss by reason of failure or delay of delivery, upon proof of attempted delivery by Sponsor of the Prize to the mailing address or email address included in the Winner’s Entry. Winner bears risk of loss or damage to any Prize after delivery to the specified mailing or email address. Sponsor is not responsible for any delays in the delivery of a Prize. The Winner is not eligible for any cash rebate programs.
Winner is responsible for the reporting and payment of all applicable federal, state and local taxes (including income taxes) associated with a Prize and will and hereby does release, indemnify, and hold Sponsor harmless from liability for failure to timely report and/or pay such taxes. An IRS Form 1099 or other form, as applicable, may be issued to Winner. Sponsor shall have no responsibility or obligation to Winner or a potential Winner who is unable to accept or utilize the Prize as described herein. In the case of Winner’s forfeiture of a Prize, Sponsor may select another winner according to these Rules.
12. GENERAL TERMS. Your noncompliance with any of these Rules may result in disqualification. Sponsor is not responsible for anything outside of its reasonable control. Sponsor assumes no responsibility for incorrect or inaccurate entry information whether caused by any of the equipment or programming associated with or utilized in this Sweepstakes or by any human error that may occur in the processing of the entries in this Sweepstakes. Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any email or servers on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, or any incomplete, lost, late, delayed, misdirected or garbled entries or failure to receive entries, including, without limitation, any injury or damage to your or any other person’s computer related to or resulting from participation or downloading any materials or software or attempts to participate in or download materials or software related to this Sweepstakes. Sponsor is not responsible for any typographical or other error in the printing of the Sweepstakes, administration of the Sweepstakes, or in the announcement of the Prize and/or the Winner. If, for any reason, the Sweepstakes is not capable of running as planned, or is disrupted or corrupted, including, without limitation, by strikes, government action or regulation, acts of war or terrorism, pandemic, global health crisis, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical or system failures, fire, flood, earthquake, storm or other natural cataclysm, riots, civil commotion, or any other causes beyond the control of Sponsor that corrupts or affects the administration, security, fairness, integrity or proper conduct of this Sweepstakes or for any reason Sponsor deems it necessary, Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes. CAUTION: ANY ATTEMPT BY YOU TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM YOU TO THE FULLEST EXTENT PERMITTED BY LAW.
13. JURISDICTION; VENUE. THE COLORADO COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE SWEEPSTAKES OR PRIZES AND THE LAWS OF THE STATE OF COLORADO SHALL GOVERN THE SWEEPSTAKES WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES. BY PARTICIPATING IN THE SWEEPSTAKES, YOU WAIVE ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND SUBMIT TO THE JURISDICTION OF THESE COURTS.
14. INDEMNIFICATION. BY ENTERING THE SWEEPSTAKES, YOU, ON BEHALF OF YOURSELF AND THE ENTITY YOU REPRESENT (IF APPLICABLE), AGREE TO INDEMNIFY, DEFEND, RELEASE, AND HOLD HARMLESS SPONSOR AND EACH OF THE OTHER SPONSOR ENTITIES FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, COSTS, INJURIES (INCLUDING WITHOUT LIMITATION, PROPERTY DAMAGE, PERSONAL INJURY (INCLUDING EMOTIONAL DISTRESS) AND/OR DEATH)), LOSSES, DAMAGES, EXPENSES OR CAUSES OF ACTION (HOWEVER NAMED OR DESCRIBED), WITH RESPECT TO OR ARISING OUT OF EITHER: (I) YOUR PARTICIPATION IN THE SWEEPSTAKES; (II) YOUR ACCEPTANCE, POSSESSION AND USE/MISUSE OF A PRIZE AWARDED IN THE SWEEPSTAKES; (III) THESE RULES; AND (III) ANY SERVICES PROVIDED BY SPONSOR ENTITIES OR THIRD PARTIES IN CONNECTION WITH THE SWEEPSTAKES, A PRIZE AWARDED OR PARTICIPATION IN ANY ACTIVITY WITH A PRIZE REGARDLESS OF THE FAULT OR NEGLIGENCE OF ONE OR MORE SPONSOR ENTITIES.
15. RELEASE. You, on behalf of yourself and the Entity you represent (if applicable), agree to, and hereby do, release all rights to bring any claim, action or proceeding against Sponsor or any Sponsor Entity and further covenant not to sue Sponsor or any Sponsor Entity and hereby acknowledge that neither Sponsor nor any Sponsor Entity has made or is in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Sweepstakes or any Prize.
16. DISCLAIMER OF WARRANTIES. SPONSOR IS PROVIDING THE SWEEPSTAKES AND PRIZE ON AN “AS IS” AND “AS AVAILABLE” BASIS. SPONSOR DOES NOT REPRESENT OR WARRANT THAT THE SWEEPSTAKES, THE TECHNOLOGY USED TO PROVIDE IT OR THE PRIZE: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, OR (III) WILL MEET YOUR REQUIREMENTS OR ENABLE YOU TO PARTICIPATE IN IT. SPONSOR MAKES NO REPRESENTATIONS, GUARANTEES OR WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE RULES, AND HEREBY DISCLAIMS ANY AND ALL STATUTORY, EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
17. LIMITATION OF LIABILITY. NEITHER SPONSOR NOR ANY OF THE SPONSOR ENTITIES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES ARISING OUT OF, RELATING TO OR CONNECTED WITH THE SWEEPSTAKES OR A PRIZE, INCLUDING, BUT NOT LIMITED TO, CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES WHETHER OR NOT SUCH DAMAGES ARE RELATED TO LOST PROFITS, LOST BUSINESS, LOST DATA OR LOSS OF GOODWILL, AND WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.
18. LEGAL RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS PROVIDED ABOVE OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
19. REQUEST FOR THE NAME OF THE PRIZE WINNER AND RULES. For the name of the Winner and/or a copy of these Rules, send a self-addressed stamped envelope or an email to:
Nutrien Ag Solutions, Inc.
ATTN: DIGITAL HUB SWEEPSTAKES
3005 Rocky Mountain Avenue
Loveland, CO 80538
Vermont residents may omit postage.
20. WAIVER. No failure or delay by Sponsor or Sponsor Entities in exercising any right, power, or privilege under these Rules will operate as a waiver thereof. No waiver by Sponsor or Sponsor Entities of any provision of these Rules, or any rights or obligations of any party under these Rules, shall be effective, except pursuant to a written instrument signed by the party waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing.
21. SEVERABILITY. Any provision of these Rules that is found invalid or unenforceable pursuant to judicial decree or decision shall be ineffective to the extent of such invalidity or unenforceability, and the remainder of these Rules shall remain valid and enforceable according to their terms. If any provision of these Rules is so broad as to be unenforceable, the provision shall be interpreted to be only so broad as is enforceable.
[ NASCAR, Inc. and NASCAR Team Properties are not Sponsors of this Sweepstakes. NASCAR® is a registered trademark of the National Association for Stock Car Auto Racing, Inc. Daytona International Speedway®, DAYTONA 300® and their respective logos are registered trademarks and are used with permission. All rights reserved.
