Terms & Conditions

2022/2023 UPL AGROSOLUTIONS CANADA OPEN EXCHANGE REWARDS PROGRAM

OCTOBER 17, 2022

To qualify for the Open Exchange Rewards Program and earn and redeem points, a Grower must satisfy the requirements of this UPL AgroSolutions Canada Inc. (“UPL” or “we”) Open Exchange Rewards Program (the “Program”).

These Terms and Conditions govern participation as a Grower in the Program. By registering for and participating in the Program, Growers accept and agree to these Terms and Conditions, including as they may be amended from time to time.

Eligible Participants

A Grower is defined as:
1. An individual sole proprietor (who has reached the age of majority in their province of residence) actively engaged in producing a crop on land in British Columbia, Alberta, Saskatchewan and/or Manitoba owned by or leased to such individual sole proprietor for the purpose; or
2. A corporation actively engaged in producing a crop on land in British Columbia, Alberta, Saskatchewan and/or Manitoba owned by or leased to such corporation for that purpose; or
3. A partnership that is a demonstrably distinct farming operation in British Columbia, Alberta, Saskatchewan and/or Manitoba:
  1. Comprised of only those members of the partnership (“Partners”) engaged in producing a crop on land, or with assets or equipment, that is owned by the partnership or contributed by the Partners; and
  2. Distributes all or a portion of revenue, if any, from such crop among Partners.
The Program is not available to buying groups or any individual or entity other than a Grower as defined above.
There is a limit of one Program account per Grower, address, farm unit or partnership. The Program is limited to agricultural uses by commercially–active Growers in British Columbia, Alberta, Saskatchewan and/or Manitoba who register to participate in the Program.

Registering for the Program

Growers will be contacted by UPL or its representative and invited to participate in the Program. Each contacted Grower will be given a unique login for registration purposes. Login and registration in the Program will require the Grower to provide an e-mail address and mobile number, and consent to receive e-mails and texts from UPL.
To participate in the Program, Growers must be registered prior to October 30th, 2022. UPL reserves the right in its sole discretion to extend the registration period.

Earning and Redeeming Points

Program points can be earned as set out below.

Growers will receive 6,000 “welcome” points following successful registration in the Program.
Registered Growers will receive weekly/monthly/quarterly emails and texts, inviting them to log in and watch a video or otherwise participate in an activity (for example, review product data, provide product reviews, complete surveys). For each completed activity, the Grower will earn Program points. The number of applicable points and any applicable time periods for completing the activity will be set out in the email or text. Growers must be logged in to the Program website in order to receive Program points.
Registered Growers may also be able to earn Program points through qualifying product purchases from authorized Canadian retailers. UPL will notify Growers from time to time of applicable qualifying products, relevant purchase periods and other applicable conditions.

The Program points accrue and can be redeemed towards rewards as made available by UPL (directly or through its service providers) from time to time. Current available rewards and associated Program points can be found at UPLopenexchange.com. Rewards may be subject to availability or have limited quantities and are subject to change at UPL’s sole discretion.

Opportunities to earn Program points are offered by UPL and may be offered to all registered Growers or any group of such Growers, as determined by UPL. Any points offer may be time limited, and may contain additional terms and conditions, which will apply in addition to these Terms and Conditions. Program points may only be earned once for completion of any activity, unless expressly stated otherwise in the terms of the points offer. Without limiting UPL’s right to cancel a Grower’s Program account in accordance with these Terms and Conditions, if a Grower earns Program points in a manner not permitted by these Terms and Conditions, UPL may deem, in its sole discretion, any such Program points to be invalid and cancel them, which will result in the removal of such Program points from the Grower’s account.

UPL’s records of the number of Program points earned, redeemed or deducted are deemed accurate. Typically, Program points will be credited to a Grower’s account within 2 days of completing an activity. If a Grower has a concern regarding their account balance, they must contact UPL and provide relevant evidence within 90 days from completion of the relevant activity to report any discrepancy.

Expiration of Points

Should a Grower withdraw their consent to receive e-mails and texts from UPL or otherwise elects to terminate their participation in the Program, or if UPL terminates a Grower’s participation in the Program, all of such Grower’s Program points will be forfeited immediately upon such withdrawal/termination.

The Program points will also terminate upon expiration or termination of the Program. UPL will provide registered Growers with such notice of expiration of termination of the Program as it determines in its discretion.

Use of Information, Privacy, and Communications

When you enroll in the Grower Rewards Program, we and our service providers use the information you provide on the enrollment form to administer your participation in the Program, calculate, process and deliver Program rewards, verify reported purchases, and as otherwise permitted or required by applicable law. We also obtain Grower transactional data (including from distributors and retailers) for purchases of all and any UPL products for the above purposes.
UPL may communicate with Grower – by any means including telephone, fax, electronic email, text messages, instant messages and other forms of social media, for the following purposes:
1. The Grower’s participation in the Program, including assessing and processing rewards under, the Program;
2. Investigating and acting on violations of the Program;
3. Better understanding a Grower’s needs and preferences in order to develop and offer information, products and/or services to the Grower from UPL and its distributors/retailers; and
4. General marketing activities for UPL products.
If a Grower does not wish to receive marketing communications from UPL, the Grower can contact UPL at 1-866-761-9397 or uplrewards@agdatacanada.com.
Certain affiliates or third parties who process data on behalf of UPL may be located in countries outside of Canada, including in the United States/India. Information transferred to such third parties may be subject to disclosure pursuant to the laws of such jurisdictions.

Miscellaneous

The terms of the Program, as set out in these Terms and Conditions, and any other Program materials or documentation, constitute the entire understanding between the parties and supersede any and all prior agreements, understanding, representations or arrangements, whether oral or written, between the parties relating to the Program. No agent, employee, or representative of UPL, or other person, is authorized to offer or make any other warranties, guarantees, conditions, or representations with respect to the Grower’s participation in the Program, other than as set out in the Terms and Conditions. No amendment, change, modification or alteration of the Terms and Conditions for the Program shall be binding upon UPL unless made in writing and expressly agreed to in writing by UPL.
UPL reserves the right to restrict, suspend or otherwise change any aspect, term or condition of the Program. UPL may modify all or one or more parts of these Terms and Conditions at any time, including, without limitation, the eligibility conditions for participating in the Program, the manner in which Program points are earned, and the manner in which Program points may be redeemed.
In the event the Terms and Conditions, or any aspect of the Program, is restricted, suspended or changed, UPL will provide Growers with advance notice by posting the amended Terms and Conditions online at UPLopenexchange.com. A Grower’s continued participation in the Program following such notice will constitute their consent to any amendments to these Terms and Conditions, or any other aspect of the Program.
Grower agrees that the liability of UPL for any errors or omissions of UPL or other third parties associated with carrying out the Program shall be limited to the actual cash value of entitlements of the Grower under the Program in the Program period.