Contest Terms & Conditions

100k Fan Contest

1. Eligibility
The AGCO 100k Fan Contestis open to anyone over the age of majority but is VOID WHERE PROHIBITED.  Employees, officers and directors of AGCO and each of its related companies, as well as the immediate family (i.e. parents, spouse, children, siblings and grandparents) and household members of each such employee, officer and director are not eligible to win.  By participating in the contest, the entrant fully and unconditionally agrees to and accepts these contest terms and conditions and the decisions of AGCO, which are final and binding.   NO PURCHASE OR PAYMENT NECESSARY.  Purchasing will not improve the entrant's chances of winning.
 
2. Sponsor
The sponsor of the contest is AGCO Corporation of 4205 River Green Parkway, Duluth, Georgia 30096, USA ("AGCO").
 
3.  Contest Period 
The contest begins 9am EDT on September 17, 2012 and ends at the point in time when the AGCO corporate Facebook page https://www.facebook.com/AGCOcorp has reached one hundred thousand (100,000) fans.  Winners will be announced five (5) days after the contest ended. ("Contest Period").  

4. How to Enter 
The entrant can enter the contest by visiting https://www.facebook.com/AGCOcorp/app_528091443874327 (the "Website"), completing an entry form available on the Website and uploading one (1) photo. No other method of entry is accepted. One entry per person/household/email address. The entrant will be required to submit personal information on the entry form, such as entrant's name, email address and photo with caption relating to the contest. We will retain such personal information in a secure database for the duration of the Contest Period. Information collected from entrants is subject to AGCO's Corporate website privacy policy available on http://www.agcocorp.com/ .  
AGCO is not responsible for incorrect, inaccurate or incomplete entry of information by entrants; lost entries or transmissions, interrupted or unavailable network, server, or other connections; scrambled transmissions or other errors or problems of any kind whether mechanical, human, or electronic, technical malfunctions or computer hardware, software, or any combination thereof; or problems associated with any virus or any other damage caused to entrants' systems.
 
The entrant can only upload a photo that the entrant has the right to submit as the photo owner or have permission from the photo owner; if an agriculture machine is included in the photo then it must include one or more AGCO products depicting one or more of the AGCO branded products. Photos depicting unsafe farming conditions, referencing or depicting competitive products or damage to the environment (which shall be decided by AGCO in its absolute discretion) will not be permitted.  AGCO shall have absolute discretion in determining which submissions are to be permitted for inclusion in the contest. Permission of the parent or guardian of anyone under the age of majority depicted in the photo shall be secured by the person submitting the photo in advance of the contest.
 
5. Selection and Notification 
All entrants must comply with these terms and conditions.  Winning is contingent upon fulfilling all requirements.  During the Contest Period, AGCO will review all entries and select the finalists from among all eligible entries based on the following criteria ("Judging Criteria"): (1) Creativity; (2) Photographic quality; (3) genuineness/authenticity of the content. The general public will select the twelve (12) winners by popular vote from a pool of finalists determined by AGCO. The winners will be notified by AGCO via the email account entrants provide on the entry form (provided on the AGCO Facebook 100k Fan Contest tab at  https://www.facebook.com/AGCOcorp/app_528091443874327 .AGCO will send the winners a prize notification via the email used to enter the contest.  If the winner(s) do not respond within 5 (five) days of the date appearing on the prize notification, or fails to comply with the restrictions contained in the prize notification within that time period, AGCO shall choose an alternate winner from the pool of remaining eligible entries.  Return of any prize notification as undeliverable will result in disqualification and selection of an alternate winner in accordance with the votes cast.  Winners may be required to provide evidence of identity in connection with claiming the prize.  Entries sent by mail are not permitted.
 
Canadian residents who are selected in the draw will be deemed provisional winners and will be awarded prizes subject to the requirements described below for Canadian Winners. Odds of winning depend on the total number of eligible entries received. In the event of a dispute over the identity of the selected entrant, the entrant will be deemed to be the Authorized Account Holder of the email address used at login or registration. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet service provider, online service provider, or other organization (e.g., business, educational institution, etc.),  that is responsible for assigning email addresses for the domain associated with the submitted email address. Winners may be required to sign and complete an Affidavit of Eligibility/Liability and Public Release and return it within 10 days of date of postmark. AGCO is not responsible for and shall not be liable for late, lost, misdirected, or unsuccessful efforts to deliver the notification to winners. If a selected winner cannot be contacted within 15 days of the draw, is ineligible, fails to claim a prize within 14 days of initial contact, or fails to timely return the completed and executed declaration and releases as required, the prize may be forfeited and awarded to an alternate winner from the pool of remaining eligible entries in accordance with the votes cast. If the winner has moved to a different address, it is the sole responsibility of the winner to notify the AGCO or designated agent of their new address. AGCO is not responsible for any undeliverable prize deliveries due to change of address. By accepting and/or using a prize, the winner gives the AGCO the rights to use the winner's name, voice, and/or likeness for the purpose of advertising, trade, or promotion without further compensation worldwide in perpetuity and in any form of media including the Internet, unless prohibited by law.
 
CANADIAN PROVISIONAL WINNERS: In addition to the above, in order for a Canadian provisional winner to win and receive a prize, he/she must first correctly answer, unaided and without mechanical or electronic assistance, a time-limited mathematical skill-testing question administered by email or by telephone. Failure of a Canadian provisional winner to correctly answer the skill-testing question in the time allotted will result in disqualification, the forfeiture of his/her interest in the prize, and the random selection of a substitute winner from among all remaining eligible entries.  
 
6. Photos
Only digital photos will be considered and should be in JPEG or TIFF format. The twelve (12) winning photos will be featured in a customized 2013 AGCO calendar pdf version that can be downloaded. Photos that have won any other contests or have been published, or that violate or infringe any copyright are not eligible.  Submission of an entry constitutes entrant's consent and agreement that the photo is the entrant's original work and that the entrant is the sole copyright owner. Submission of an entry constitutes entrant's agreement with these contest terms and conditions. Finalists will be required to send to AGCO Corporation a minimum of 300 dpi resolution photo before their photo can be added to those pictures that will be evaluated as a winning photo.   

7. Prizes 
The twelve (12) winners will receive one (1) AGCO corporate hat (free shipping and handling) each. No cash or other substitution, assignment or transfer of prize or prize component is permitted, except by AGCO, who reserves the right to substitute a prize or prize component with another of comparable or greater value.  All taxes and other fees (if any) not expressly stated in the prize description, are the sole responsibility of the winners.  The odds of winning depend on the number of eligible entries received.  
 
8. Publicity and Privacy 
Submission of an entry constitutes consent and agreement by the entrant and any person that is recognizable from the photo(s) to a royalty-free, world-wide, perpetual, non-exclusive license for AGCO to use, display, distribute, reproduce and create derivative works of the photo(s) or portions of the photo(s) whether or not combined with other images, text and graphics, and cropped, altered or modified, on the Website and/or potentially other places with or without the entrants name (e.g. a photographer credit), for editorial, advertising, publicity, marketing and promotional purposes, without further compensation except where this is prohibited by law. Information collected from entrants is subject to AGCO’s Corporate website terms and conditions and privacy policy available on http://www.agcocorp.com/.  Neither AGCO nor its affiliates, its/their directors, officers, employees or agents shall be liable for any errors in attribution.  
Submission of an entry constitutes consent and agreement of the entrant and any person that is recognizable from the photo or video that all rights to the photo or video shall belong to AGCO and that they will make no claims for any reason against AGCO and/or any of its affiliates, directors, officers, employees and agents..
 
9. General 
AGCO is not responsible for incorrect, inaccurate or incomplete entry of information by entrants; lost entries or transmissions, interrupted or unavailable network, server, or other connections; scrambled transmissions or other errors or problems of any kind whether mechanical, human, or electronic, technical malfunctions or the computer hardware, software, or any combination thereof; or problems associated with any virus or any other damage caused to entrants' systems. AGCO is not responsible for any technical problems related to online entries.  Proof of sending will not be deemed to be proof of receipt by AGCO.  All entries become the property of AGCO and will not be acknowledged or returned.  AGCO is not liable for lost, stolen, misdirected or late entries.
 
AGCO reserves the right to modify, suspend or terminate the contest for any reason, including in the event that it becomes infected by a computer virus or is otherwise technically impaired or if the contest cannot be conducted as planned by causes beyond the control of AGCO.  In the event of early termination, the winners will be randomly selected from all eligible entries received at the time of termination.
 
AGCO reserves the right to disqualify any entrant found tampering with the entry process or with the operation of the contest or who violates these official rules.  Any attempt by an entrant to deliberately damage or undermine the legitimate operation of the contest may be in violation of criminal and civil laws and will result in disqualification of such entrant.  Should such an attempt be made, AGCO reserves the right to seek remedies and damages (including attorney's fees) from any such entrant to the fullest extent permitted by law.  

10. Viruses
The entrant agrees not to upload, post or transmit any materials which contain any computer viruses, works, Trojan horses or other harmful component or programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
 
11. Liability and Law 
By entering the contest, the entrant agrees to be bound by these contest terms and conditions.  The entrant agrees to release AGCO, its affiliates, and its/their directors, officers, employees and agents from and against any claim or cause of action arising out of participation in the contest or receipt or use of any prize.  The entrant further agrees that any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this contest but in no event attorneys' fees.  The entrant hereby waives all rights to claim punitive, incidental, and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.  Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above may not apply to the entrant.
 
The contest is governed by the internal laws of the state of Georgia, United States, without regard to or application of its conflict of laws rules.  The exclusive venue and jurisdiction for any action arising out of or relating to the contest shall be in the state or federal courts of Gwinnett County, Georgia, USA.
 
Entrant may later revoke consent to these promotional purposes at any time emailing AGCO at contest@AGCOcorp.com, or by writing to AGCO Corporation, Attention: Photo Contest / Corporate Marketing, 4205 River Green Parkway, Duluth, Georgia, 30096, USA 

12. Winners' Names
To obtain a copy of the winner's names, send request along with a stamped, self-addressed envelope to: AGCO Photo Contest Winner's List, AGCO Corporation, 4205 River Green Parkway, Duluth, Georgia, 30096, USA. VT residents need not include postage. Requests must be received no later than ten (10) days after the 100k fan contest has been completed as stated in section 3.