AGREEMENT TO THESE TERMS: Each time you access and/or use the Program, you agree to be bound by and comply with these Terms, which include a dispute resolution, and any Additional Terms (defined below). If you do not agree to these Terms, please do not participate in the Program. Void where restricted or prohibited.
Eligibility: This Bayer Cattle Producer Rebate Program (the “Program”) is offered only in the fifty (50) United States and is open only to eligible cattle producers (individual or corporation), 18 or older, who use Bayer cattle products and who are registered to participate in the Program (eligible “Participants”). Claims, Rebates, participation in the Program and all issues relating to the Program are subject to these Program Terms and Conditions. By participating, Participants agree to be bound to the current Program Terms and Conditions (as posted on the Program Site and as may be amended from time-to-time), and the decisions of Sponsor and Administrator which are final and binding in all respects relating thereto.
IMPORTANT NOTICE: Participants have the responsibility to review and understand their employer’s policies and all applicable laws, rules and regulations (“policies and laws”) regarding eligibility to participate in trade promotions including this Rebate Program. If an individual is participating in violation of their employer’s policies or laws, that individual and its employer may be disqualified from this Program, or from receiving Rebates. Sponsor disclaims any and all liability and responsibility for disputes related to this matter.
Program Period: The Program is offered beginning 12:00 am Central Time (“CT”) on September 11, 2017 and will continue until Sponsor ends program with notice from Sponsor on the site. Each Quarter will begin 12:00 am CT on the first day of the applicable calendar Quarter and end 11:59 pm CT on the last day of the same calendar Quarter (“Quarter” or “Q1, Q2” etc.); except for the initial Quarter which shall be on September 11, 2017 and end on December 31, 2017. All time referenced herein is Central time and Administrator’s server’s clock shall be the official time-keeping device for all times applicable to the Program. Participants are solely responsible for determining the corresponding time zone in their respective jurisdictions.
Program Registration: In order to participate, you must first register for the Program at www.rebate.BAHrewards .com (Program “Site”) and complete all required information (“Registration”). A Participant may not: (a) activate or use more than one Participant account, name or email address; (b) use the name of another or multiple persons/businesses; (c) use a false or misleading name, address, or e-mail address to activate or use any Participant account; or (d) present or supply false or misleading information to Sponsor, Administrator, or any entity involved in the Program.
Rebate/Participation: A registered Participant may qualify for a sliding-rebate based on percentage of eligible Bayer Cattle products purchased per production type and head-count based (“Rebate”). Rebates and Rebate levels will vary by participation and Participant.
Eligible Bayer cattle products eligible for a Rebate will be as listed on the Site, with the exception of those under special Bayer contracted pricing and any other restrictions and/or exclusions, as provided on the Site (“Eligible Products”). Eligible Products must be purchased in the U.S. directly from Sponsor or from an authorized Bayer Cattle product dealer, distributor, veterinarian or similar authorized seller (authorized U.S. “Sellers”).
Some Sellers have the capacity to report purchases directly to Sponsor electronically, so Participant will not be required to upload invoices from those Sellers for that particular purchase (but will be required to Register for the Program). Any purchases made from Sellers who do not have such capacity, or that do not otherwise supply sales details directly to Sponsor will require Participant to upload a copy of the invoice of such purchase to the Site within the required Reporting Period. Whether or not reported directly to Sponsor or via the Site, all such submissions are Participants sole responsibility, and are subject to Sponsor’s final review and approval before they will be deemed eligible for the Program or a potential Rebate.
Eligible orders are limited to orders submitted, either directly from a Seller or on the Site via manual upload for an Eligible Product during the Reporting Period and approved by Sponsor (“Eligible Orders”). To qualify for a Rebate, each Eligible Order for Eligible Products must be purchased from a U.S. Seller within the same Quarter and reported (directly to Sponsor or on the Site) within 120 days of purchase (“Reporting Period”).
Orders will not be considered eligible (and will be void) if they are orders or submissions from any unauthorized sellers or sales channels, are untimely, are from Participants found to be ineligible, or are otherwise non-compliant. Limit one (1) Rebate per Participant per Quarter.
All elements relating to this Program are subject to Sponsor’s final review, determination, investigation, and its verification/approval of Participants, participation, eligibility and compliance, and all supporting invoices, sales, orders, products, materials and any other information or submissions relating to or in connection with the Program, a Rebate, or any element thereof reported from whatever source, and in whatever form and/or medium (“Submission Materials”). Sponsor and Administrator are not responsible for Submission Materials that are unreported, lost, late, damaged, altered, destroyed, forged, forged, tampered with, mutilated, incomprehensible, misdirected, undelivered, illegible, incompatible, incomplete, stolen or otherwise not in compliance with these Program Terms.
Rebate Payment: Any Rebate earned pursuant to this Program will be processed Quarterly and will be paid out on or within approximately 4-8 weeks following the end of that Quarter. Participants who register for the Program and are taxed as a business will receive their Rebate as a monetary cash payment made via ACH direct deposit into their business account. Participants who register for the Program and are taxed as an individual (not as a business) will receive their Rebate in the form of a reloadable Mastercard® or other issuing company’s debit card. Debit card is subject to the terms and conditions of issuer and will not be replaced by Sponsor or Administrator if misplaced, lost, damaged, destroyed or stolen.
General Conditions: Sponsor reserves the right to modify, terminate or cancel the Program, or any element thereof, at any time without prior notice or liability, and reserves the absolute right to interpret the Terms of the Program. Any modification to a continuing Program will be communicated on the Program Site by posting updated Rebate Program Terms and Conditions, and will be applicable to Program participation from that time forward. However, applicable Rebate levels, Rebate percentages, products, amounts, etc., shall be those in effect at the time of the Eligible Order of an Eligible Product.
Submission Materials in connection with the Program that are suspected of being, or are found to be fraudulent, incomplete, ineligible, non-compliant or otherwise invalid will be void and not eligible for Rebate. Participants may not include Submission Materials multiple times, with multiple identities, or email addresses, nor may Participants use any other device or artifice to redeem a Rebate multiple times and/or to participate in the Program. Rebates, and the issuance/redemption thereof, and any other related information are subject to prior confirmation of eligibility, compliance with these Terms, and verification of a potential Participant; Rebates will not be earned or awarded until Participant recipient is confirmed and the verification process is complete, in Sponsor’s absolute discretion.
If for any reason the Program, or any element thereof, is impaired, not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, cheating, bots/scripts, mechanical or other artifice, regularly-scheduled maintenance, equipment failure, technical failures, a force majeure event, or any other causes similar or dissimilar which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Program, or any element thereof (as determined by Sponsor in its sole and absolute discretion), Sponsor reserves the right at its sole discretion to rescind and/or require immediate return of any/all Rebates, to modify the Program or any element thereof in a manner that best conforms to the spirit of these Terms without suspending it, suspend the Program or any element thereof to address the impairment and then resume in a manner that best conforms to the spirit of these Terms, or cancel, terminate, modify or suspend the Program, or any part thereof. Without limitation, if any suspected attempt, directly or indirectly, by any individual, entity or Participant to use or benefit from the use of mechanical artifice, robotic, repetitive, automatic, bots/scripts, programmed or similar participation or other methods or agents occurs, then Sponsor may, in its sole discretion, immediately invalidate the Participant account and/or Rebates of such individual(s) suspected of engaging in or benefiting from such methods, and the subject Participant will be disqualified from the Program permanently, require immediate refund or forfeiture of any Rebate paid and/or accrued during the Program Period, impose monetary penalties for any breach, and/or require the Participant to reimburse Sponsor for all reasonable attorney fees associated with enforcing these provisions. Further, if Sponsor suspects that any Participant, participation, information or Submission Materials submitted by or on behalf of any Participant is or is suspected of being false, inaccurate, fraudulent, tampered with, or otherwise invalid, then Sponsor may, in its sole discretion, take same or similar measures as referenced above. Submitting false claims for Program Rebates may subject the Partner to civil liability or criminal prosecution.
Taxes: Participants represent and warrant that acceptance of any compensation from Sponsor in connection with this Program will not violate any policies, laws, regulations, contracts, or conflict of interest policy. Participant agrees to be solely responsible for payment of all applicable taxes and compliance with reporting requirements in their jurisdiction; Sponsor assumes no liability or responsibility therefor.
Limitations of Liability: BY PARTICIPATING IN THE PROGRAM, PARTICIPANTS AGREE, TO THE FULLEST EXTENT PERMITTED BY LAW, TO RELEASE, DISCHARGE AND HOLD HARMLESS THE SPONSOR, ADMINISTRATOR, OTHER PROGRAM ENTITIES, AND THEIR PARENT, AFFILIATED AND SUBSIDIARY COMPANIES, ADVERTISING AND PROMOTION AGENCIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES, ASSIGNS AND AGENTS (“RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL ALLEGED AND/OR ACTUAL CLAIMS, CAUSES OF ACTION, DEMANDS, LOSSES, SETTLEMENTS (WHETHER OR NOT LITIGATION OR OTHER LEGAL PROCEEDINGS ARE COMMENCED), LIABILITIES AND DAMAGES OF ANY KIND WHATSOEVER EXISTING NOW OR ARISING IN THE FUTURE (INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PERSONAL INJURY, DEATH, DISABILITY AND PROPERTY DAMAGE, VIOLATION OF INTELLECTUAL PROPERTY, PROPRIETARY, PUBLICITY, PRIVACY OR ANY OTHER RIGHT), COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, COURT COSTS, SETTLEMENT AND DISBURSEMENTS) DIRECTLY OR INDIRECTLY ARISING OUT OF USE OF: (A) THE PROGRAM AND WEBSITE, IN WHOLE OR IN PART, INCLUDING, WITHOUT LIMITATION, PARTICIPANT’S USE OF OR INABILITY TO USE THE PROGRAM OR WEBSITE OR THE PERFORMANCE OF THE PROGRAM OR WEBSITE; (B) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY RELEASED PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING PARTICIPANT’S ACCESS TO OR USE OF THE PROGRAM; (C) ANY FAILURES, ERRORS OR OMISSIONS IN THE PROGRAM’S OR WEBSITE’S TECHNICAL OPERATION; (D) ANY DAMAGE TO ANY USER’S DEVICE, HARDWARE, SOFTWARE, MODEM, OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE, OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING LOSSES OR DAMAGES IN THE FORM OF LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR EQUIPMENT FAILURE OR MALFUNCTION; (E) THE ACCEPTANCE, POSSESSION, USE, MISDIRECTION, OR MISUSE OF A REBATE OR ANY ELEMENT THEREOF, AND (F) PARTICIPATION IN THE PROGRAM AND/OR PROGRAM RELATED ACTIVITY. The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if Released Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether Participants bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of God or other force majeure, telecommunications failure, or destruction of the Program). In no event will the Released Parties be responsible or liable for any indirect, incidental, consequential or punitive damages arising out of this Program or participation therein, the use or misuse of a Rebate or any element thereof, or access to, and use of any participating Site or the downloading from and/or printing material downloaded from said site(s), or any failure with respect thereto. Without limiting the foregoing, everything on the Site, INCLUDING THE PROGRAM, is provided “AS IS” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
To the fullest extent permitted by applicable law, Participants covenant not to sue any released party or cause them to be sued regarding any matter released above; and further covenant not to disaffirm, limit or rescind this release. A waiver by Sponsor of any term in these Program Terms and Conditions does not constitute a waiver of any other provision. If any provision is adjudged to be invalid it shall be struck from these Terms and the remainder of the Terms shall remain in full force and effect. Participants waive any applicable statutory and common law that may permit a contract to be construed against its drafter.
Force Majeure: Sponsor and/or Administrator shall not be liable to any Participant or any other person or entity for failure to execute the Program or any part thereof, or supply a Rebate in whole or in part, by reason of any act of God, any action(s), regulation(s) order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), technical failure, human error, equipment failure, terrorist acts, cyber-attacks, earthquake, war, fire, flood, explosion, unusually severe weather, embargo, lockout, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any similar or dissimilar event beyond their reasonable control.
Applicable Law and Venue: THIS PROGRAM IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF KANSAS WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Program, 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 Program shall be resolved individually, without resort to any form of class action, exclusively before a neutral one person arbitration panel located in Johnson county, Kansas, U.S.A.
Sponsor: ©2017 Bayer, Shawnee Mission, Kansas 66201