Terms and Conditions of Participation in the INITIO BIRD PROTECT Feedback Bonus Program of KWS SAAT SE & Co. KGaA
1. Object of the Terms and Conditions of Participation
1.1 These Terms and Conditions of Participation govern the implementation of the feedback bonus program for KWS corn seed treated with INITIO BIRD PROTECT (hereinafter referred to as “treatment”) including the granting of a bonus fee for the completion of the feedback survey and the Beer Barrel Competition including the awarding of prizes.
1.2 The feedback bonus program is organized by KWS SAAT SE & Co. KGaA ("KWS"). All questions, comments or complaints regarding the feedback bonus program, the bonus fee and awarding of priz-es should be addressed directly to KWS.
2. Eligibility for Participation
2.1 All natural persons of full age with unlimited legal capacity reported in Denmark who have regis-tered to myKWS on https://www.kws.dk (hereinafter referred to as “eligible person”) are eligible to participate.
2.2 Employees of KWS SAAT SE & Co. KGaA and their relatives, employees of companies affiliated with KWS SAAT SE & Co. KGaA and their relatives, employees of companies affiliated with KWS SAAT SE & Co. KGaA and their relatives as well as young people under the age of 16 are excluded from participa-tion.
3.1 Each participant may complete the feedback survey one (1) time only for each single of his/her fields registered in myKWS.
3.2 Each participant may only win one (1) prize per participant in the Beer Barrel Competition.
3.3 In the event of a breach of these Terms and Conditions of Participation, KWS reserves the right to exclude persons from participating in the feedback bonus program – even retrospectively – and not to pay out the bonus fee and award prizes to them or demand that they return them.
4. Feedback Survey: Bonus fee for completing the feedback survey
4.1 KWS is granting the following bonus fee for fulfilling the feedback survey on INITIO BIRD PROTECT in myKWS: For each purchased unit of KWS seeds treated with INITIO BIRD PROTECT by the partici-pant, to be proven by the upload of a proof of purchase (e.g. invoice, delivery note) into the feedback tool, KWS grants a bonus fee of 20 (twenty) DKK if the feedback survey is fulfilled for the respectively registered fields in the feedback tool. The bonus fee is granted for the efforts of the participant for monitoring the performance of the KWS seeds treated with INITIO BIRD PROTECT on his/her registered fields and for giving corresponding feedback in the feedback survey. Subsequently, KWS will issue a corresponding settlement voucher (credit note) and transfer the bonus fee to the bank account indicated by the participant in the feedback tool until June 30th 2021. The participant agrees to this proce-dure. The settlement voucher (credit note) is considered as approved by the participant unless he/she does not object in writing to it within 14 days after the date of issue.
4.2 The entitlement for the bonus fee is not transferable to another natural person or legal entity.
4.4 KWS reserves the right to verify participants’ age.
4.5 Once the participant has completed the feedback survey process KWS will issue the corresponding credit note and transfer the bonus fee to the bank account indicated by the participant.
4.6 KWS is released from its performance obligation as soon as the respective settlement voucher (credit note) has been issued and the bonus fee has been transferred to the participant’s bank ac-count.
4.7 The INITIO BIRD PROTECT Feeback Bonus Program shall have a term until June 21th 2021 and no bonus fee shall be granted for participation thereafter.
6. Beer Barrel Competition
6.1. In addition to the bonus fee for fulfilling the feedback survey KWS is offering a 5 l barrel of Ein-becker beer and two beer glasses (value: EUR 13.29/piece) as a reward for the first 200 participants who have shown their interest in the feedback bonus program by registering on myKWS.
6.2. The entitlement for the reward is not transferable to another natural person or legal entity. The value of the prize cannot be paid to a participant, another person or company.
6.3. Prizes will be awarded solely on the basis of the principle: “First come, first served”. The time in which the participant registers his feedback interest on the KWS website is decisive for awarding the prizes.
6.4 KWS reserves the right to verify participants’ age.
6.5. Once the winners of the prizes have been determined, they will be notified via email. The award of the prizes will be coordinated individually with the respective winner but will always be done via email.
6.6. KWS is released from its performance obligation as soon as the prize is awarded and handed over to the respective winner.
7.1 Unless otherwise stipulated in the provisions below, KWS shall be liable for damages incurred in connection with the implementation of the feedback bonus program in accordance with the statutory provisions.
7.2 Regardless of the legal grounds, KWS shall be liable for damages within the scope of liability for culpable intent and gross negligence. In the event of simple negligence, KWS shall be subject to a mild-er standard of liability under statutory provisions and only for damages resulting from injury to life, physical injuries or damage to health, and for those resulting from a significant breach of a cardinal contractual obligation, i.e. an obligation whose fulfillment makes the proper execution of the contract possible and on whose compliance the contractual partner regularly does and may rely. However, the liability of KWS for damages resulting from a significant breach of a cardinal contractual obligation is limited to compensation for the foreseeable, typically occurring damage.
6.3 KWS shall be released from all obligations on having paid the bonus fee and handover of the priz-es. Any claims by the participant relating to the bonus fee or prizes must be addressed exclusively to KWS.
7. Data Protection
For questions regarding data protection, please refer to the attached data protection information on the implementation of the feedback bonus program
8.1 Recourse to a court of law is excluded.
8.2 These Terms and Conditions of Participation and the entire legal relationship between the partici-pants and KWS are subject exclusively to the laws of Germany, excluding the conflict of law provisions.
8.3 Should individually provisions of the conditions of participation be or become invalid, the validity of the remaining conditions of participation remains unaffected.
Data Protection Information on Feedback Bonus program Corn Seed Treatment survey
We, KWS SAAT SE & Co. KGaA (hereinafter also referred to as “KWS,” “we” or “us”) inform you in this Data Privacy Statement about how we process your personal data as part of our feedback bonus pro-gram of your experience with “INITIO BIRD PROTECT Corn Seed Treatment”.
1. What personal data do we process?
As part of the survey, we process the personal data that you provide by answering the respective questions.
For the subsequent bonus fee process and prizes, we process the email addresses as well as name, postal address, bank account information and tax identification number of the participants
2. For what purpose do we process your data?
We process personal data as part of the survey to improve our range of corn seed treatments and to carry out the bonus fee process and determine and deliver the prizes.
3. On what legal basis do we process your data?
The legal basis of processing in the context of the survey is Article 6 (1)(1)(f) GDPR. Our legitimate in-terests are in improving our offer as well as to advertise our services to persons interested in KWS products.
The legal basis for data processing in order to implement the prize competition is Article 6(1)(1)(b) GDPR.
4. Who is the recipient of your data? Do we share your data with third parties?
The recipients of the personal data are the departments of KWS responsible for the feedback bonus program (especially marketing), as well as service providers that we use to implement the feedback bonus program.
5. How long do we store the data of the competition participants?
If you participate in the feedback bonus program, we will store your data as long as this is necessary for the above mentioned purposes of processing or until you inform us that we should erase your data. In this case we will erase your data immediately, unless KWS is permitted to store your data for a longer period for another reason (e.g. due to another business contact).
6. What rights do you have?
Within the context of the applicable legal provisions, you have certain rights related to your personal data. Please note that certain exceptions may apply to the exercise of these rights and therefore you may not exercise them in all cases.
• Right to information: You have the right to receive information on the data processed by KWS about your person.
• Right to rectification: You can demand the rectification of incorrect data concerning your per-son. Furthermore, you can request the completion of incomplete data.
• Right to erasure: You can ask us to erase personal data under certain circumstances, and we will take appropriate steps to inform other controllers who process the data that you have re-quested the erasure of links to your data, copies of your data, and duplications of your data.
• Revocation of consent: You can revoke consent to the data processing that you have granted us and prevent further processing unless there is another reason why KWS may process your personal data.
• Right to restrict processing: In certain cases, you can request that we restrict the processing of your data.
• Right to portability: If you have provided us with data on the basis of a contract or consent, you can request receipt of the data provided by you in a structured, commonly used and ma-chine-readable format, or that we send it to another controller.
Right to object
Case-based right to object
You have the right to object to the processing of your personal data at any time on the basis of Article 6 (1)(1)(f) GDPR for reasons arising from your particular situation; this also applies to profiling based on these provisions. This personal data will then no longer be processed for these purposes unless compelling legitimate grounds for the processing are established that outweigh your interests, rights, and liberties, or the processing serves to assert, exercise, or defend legal claims.
Right to object to the processing of data for direct marketing purposes
In individual cases, your data will be processed for direct marketing purposes. You have the right to object at any time to the processing of your personal data for the purpose of such advertising. If you object to the processing for direct marketing purposes, your personal data will no longer be processed for these purposes.
To assert the rights above, please contact us using the contact information provided.
If you believe that the processing of your personal data is unlawful, you also have the right to lodge a complaint with a data protection supervisory authority, in particular in the Member State where you reside, work or where the alleged breach occurred.
7. Your points of contact if you have any questions
KWS SAAT SE & Co. KGaA
Data Protection Officer
Grimsehlstrasse 31, 37574 Einbeck, Germany
Telephone: +49 (0)5561 311-1412
Fax: +49 (0)5561 311-500
Einbeck, May 2021
KWS Majssikring - Terms and Conditions
a) Aim of the Maize Seed Service (KWS Majssikring)
(1) KWS SCANDINAVIA A/S offers the Maize Seed Service based on the terms specified in these Terms and Conditions.
(2) The aim of the Maize Seed Service is to grant a 50% discount of seed purchase costs for re-sowing. Seed must be re-purchased via your chosen distributor.
(3) The Maize Seed Service can only be applied for varieties treated with INITIO BIRD PROTECT supplied by KWS, in KWS branded seed packaging. The service will not be offered for non KWS varieties or KWS varieties which aren’t treated with INITIO BIRD PROTECT.
(4) Users can only claim via the KWS SCANDINAVIA website. KWS does not guarantee availability of replacement seed.
(5) All claims will be verified at the discretion of KWS SCANDINAVIA A/S.
b) Right to Participate, Service Territory
(1) The Maize Seed Service is strictly offered to businesspersons operating as farmers (Users) at the time of the second crop planting. The user must be registered in the Maize Seed Service available under “myKWS” on the KWS SCANDINAVIA website.
(2) The Maize Seed Service is offered for KWS varieties, pelleted by KWS in the territory of the United Kingdom.
c) Factual Prerequisites
(1) The Maize Seed Service is offered for the purchase of seeds of KWS varieties, for a second crop planting during the same farming year because of a crop failure.
(2) The requirement to drill a second time will be agreed between the user (farmer) and KWS before replacement seed is provided.
d) Seed Requirements
(1) The seed for the first and second crop planting must be a KWS variety and must be intended for the corresponding crop planting year.
(2) The purchase of seed for the second crop planting must have been registered in the Maize Seed Service available under “myKWS” on the KWS SCANDINAVIA website.
(3) A qualified employee of KWS or an expert appraiser retained by KWS shall decide on compliance with the prerequisites in this Section d) point (1) and (2).
e) No Sale, no Sourcing Privileges
(1) In the context of the Maize Seed Service, KWS does not act as the seller of the seed.
(2) Participation in the Maize Seed Service does not justify a claim by the user against KWS for not sourcing a specific KWS variety. KWS reserves its right to offer to the user a KWS variety other than the variety originally drilled.
f) Timing Requirements for Participation
(1) The Maize Seed Service can only be applied to those crops the user entered into properly the Maize Seed Service Module within the registration period ending fourteen (14) days after the drilled of first drilling.
(2) The event that caused the crop failure must have been entered into the Maize Seed Service Module within four (4) weeks of the first drilling, but not later than June 15th of the current sowing season.
(3) Crops and events that were not entered into the Maize Seed Service Module by the deadlines specified in Section f) and/or the registration of either both is not completed are not eligible for participation in the Maize Seed Service. Please note that the user will receive an email from KWS confirming registration.
(4) The discount is excluded in all cases if the (i) registration in the Maize Seed Service is not confirmed as completed; and (ii) deadlines for participation or reporting damage set up in this Section f) are not complied with.
g) Required Data
(1) The user is required to enter the following data into the Maize Seed Service Module
• a) Personal details (last name, first name, street address, postal code, city, email);
• For registration in the Maize Seed Service Module and in case of a damage, the user has to enter the following additional data:
• b) Field location (through drawing), field size, field name, variety, lot number [optional] (e.g. DE037-3410819), number of units, sowing date, delivery note, damage reason, damage date
(2) In a re-sowing event, the user shall enter the data mentioned in point (1) b) of Section g) above corresponding to the second sowing seed.
(3) The user must enter truthful data.
(4) KWS can allow the user to submit certain data and/or records retroactively.
h) Contract Concerning Discount in the context of the Maize Seed Service
(1) The user enters an application for discounted seed by entering and submitting the required data in the Maize Seed Service Module (Section g).
(2) The validity of an application pursuant to point (1) of this Section h) implies the user’s assurances that the user operates as a businessperson and is the buyer of the seed for the first and second crop planting.
(3) The contract between the user and KWS for discounted seed is only perfected if KWS accepts the application. The availability of the Maize Seed Service Module does not justify a claim from the user for discounted seed.
i) Discount; Assessment Basis; Upper Limit
(1) The discount applied to the second crop planting seeds is 50% of the purchase price as per price list at the time of the crop failure. The orders and purchases of the second crop planting seeds shall be done through your nominated distributor.
(2) The discount shall be applied including seed treatment but excluding delivery charges if or where applicable.
(3) Any seed quantities purchased for the second crop planting must not exceed the quantity of the seed purchased for the first crop planting.
j) Map Materials
1) KWS assumes no liability for the completeness and accuracy of the map materials provided in the Maize Seed Service Module.
(2) KWS is authorized to proportionally adjust discounts for demonstrable acreage deviations.
k) Availability of the Maize Seed Service; Term
(1) Eligibility for use of the Maize Seed Service Module can only be asserted in the context of the technical and operational capabilities of KWS. KWS strives to make its services available with a minimum of interruptions. However, temporary restrictions or interruptions are possible due to technical malfunctions (such as loss of power, hardware and software defects, technical problems with the data cables). Where the Maize Seed Service is not available online, the deadlines specified in Section f) are respectively extended by the timeframe during which the Maize Seed Service Module was not available.
(2) KWS is entitled to terminate the Maize Seed Service at any time without prior announcement and without giving a reason. Valid purchase contracts (Section h) are not affected by the termination of the Maize Seed Service.