1. Eligibility: The giveaway contemplated herein (the “Contest”) is open only to farmers who are enrolled in the Carbon by Indigo program (the “Program”) on or prior to September 15, 2023 and are in good standing under the Program as of March 1, 2024 (“Farmer”). Farmer must also be an active participant in the Program in order to be eligible to participate in the Contest. 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. In addition, the Contest is only open to legal residents of the United States, and is void where prohibited by law. Employees of Indigo Ag, Inc. (“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.
2. Agreement to Rules; Eligible Participants: By participating, Farmer agrees to be fully unconditionally bound by the terms and conditions set forth herein (the “Rules”), and Farmer represents and warrants that Farmer meets all eligibility requirements. Any participation (including any entry) in the Contest shall be subject to these Rules. No person or entity shall be eligible to receive the Prize or otherwise participate in the Contest if such person or entity has not accepted these Rules. Farmer 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) 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 Farmer; and/or (iii) any other actions by Farmer that would reasonably be interpreted as participation in the Contest.
3. Contest Period: The “Contest Period” is 12:01 AM (Boston time) on December 1, 2023 and 11:59 PM (Boston time) on March 1, 2024.
4. How to Enter: For each individual field that (i) is recognized as enrolled and in good standing under the Program (i.e., such field has been enrolled under Farmer’s account, the boundaries have been mapped and validated under the Program, and is otherwise recognized as being enrolled and complete in the Program’s platform), and (ii) for which the Farmer has completed Final Filing during the Contest Period, Farmer will receive one (1) entry into the Contest (an “Entry”).
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.
5. Selection of Winner. After the Contest Period, a representative of Indigo will select one (1) Entry at random to win the Contest prize. If the 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 Farmer associated with the winning Entry shall be the “Winner” of the Contest. The timing, manner and method of random selection of the Entry is subject to Indigo’s discretion.
Winner 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 within 5 calendar days from the time award notification was sent, the prize may be forfeited and an alternate Winner selected. 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.
6. Prize: One (1) grand prize: a one-time payment of a cash prize of USD $2,000.00 (the “Prize”). Only one Entry (associated with one Winner) will be selected to win the prize. No other prizes will be paid out by Indigo hereunder. In no event shall Indigo’s liability under the Contest exceed an aggregate of $2,000.00.
The Prize is nontransferable. The Prize will be paid out to the Farmer account tied to the Entry (i.e., for the field subject to the Entry, the Program account holder that has enrolled such field will be deemed to be the Winner). In the event the Program account holder is an individual, the Winner will be such individual and the Prize will be awarded to such individual. In the event the Program account holder is an entity, the Winner will be the entity and the Prize will be awarded to the entity; provided, that Indigo may, at its option and at the request of a representative of the Winner, make payment to an individual designated by the Winner as the recipient of the Prize.
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, payment of the Prize will be made no later than June 1, 2024.
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.
7. Odds: The odds of winning depend on the number of eligible Entries.
8. 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 from all eligible entries received prior to and/or after (if appropriate) the action taken Indigo. 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.
9. Limitation of Liability: Farmer 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 Farmer’s participation in the Contest and/or his/her/its 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.
10. 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 (i.e. costs associated with entering this Contest). Participant further waives all rights to have damages multiplied or increased.
11. Privacy Policy: Information submitted with an entry is subject to the Privacy Policy stated on the Indigo website. To read the Privacy Policy, visit the footer of Indigo’s website (www.indigoag.com).
12. 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, 2024.
13. Sponsor: The Sponsor of the Contest is Indigo Ag, Inc., 500 Rutherford Avenue, Charlestown, MA 02129