SCOTTS MIRACLE-GROALL-STAR BACKYARD SWEEPSTAKES OFFICIAL RULES NO PURCHASE NECESSARY
THESE RULES PROVIDE FOR INDEMNIFICATION OF THE SPONSOR AND OTHER PROMOTION ENTITIES BY YOU, A CLASS ACTION WAIVER, AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

SWEEPSTAKES: The Scotts Miracle-Gro All-Star Backyard Sweepstakes (the “Sweepstakes”) begins at 10:00 AM Eastern Time (”ET”) on March 1, 2023 and ends at 5:00 PM ET on May 31, 2023 (the “Sweepstakes Entry Period”).
ELIGIBILITY: Open only to legal residents of the 50 United States and Washington, D.C. (“Territory”), who are 18 years of age or older at time of entry (“You” or “Entrant”). Void where prohibited by law. Employees of The Scotts Company LLC (“Sponsor”), MLB Entities (defined below), Ace Hardware Corporation, Wasserman Group, Don Jagoda Associates, Inc. (“Administrator”), and their respective affiliates, subsidiaries, participating retailers, advertising and promotion agencies (collectively, the “Promotion Entities”) and the immediate family members and/or those living in the same household of each are not eligible. Entrants must also have a valid email address and phone number, which will be used to fulfill prizes (“Prizes”). Subject to all federal, state and local laws. Participation constitutes Entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s and/or Administrator’s decisions, which are final and binding in all matters related to the Sweepstakes.
HERE’S HOW TO ENTER: Visit the Sweepstakes website at www.allstarbackyard.com (the “Website”) and follow the on-screen directions to complete the entry form with the required information and click the “Submit” button to receive one (1) entry into the random drawing (your “Entry”). Limit one (1) Entry per person during the Sweepstakes Entry Period. A person may only use one (1) email address to enter the Sweepstakes. Entries will not be acknowledged. Attempts made by the same individual to submit more Entries than allowed as set forth above, in violation of these Official Rules by using different email addresses, identities, or any other methods are prohibited and all Entries made by such an individual will be disqualified if detected. Automated Entries are prohibited and the use of any automated or computer system to participate is prohibited and will result in disqualification if detected. Normal Internet access and usage charges imposed by your internet service provider may apply. All Entries shall be the property of the Sponsor and will not be returned. In the event of a dispute over the identity of an Entrant, Entry will be deemed submitted by the Authorized Account Holder of the e-mail address associated with the Entry. Authorized Account Holder is defined as the person assigned to an e-mail address by an Internet access provider, on-line service provider or other organization responsible for assigning e-mail addresses. Proof of sending or submission of Entry will not be deemed proof of receipt by Sponsor or Administrator.
LIMITATIONS: Entrants who have not complied with these Official Rules are subject to disqualification and their Entries will be void. Sponsor reserves the right to disqualify any Entrant’s registration in the Sweepstakes if Sponsor determines or suspects that the Entrant has attempted to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other fraudulent, deceptive, or unfair playing practices. Sponsor reserves the right to cancel, modify, or suspend the Sweepstakes at any time if fraud, technical failures, or any other errors or other causes corrupt the administration, security, integrity, or proper play of the Sweepstakes. In the event of cancellation, Sponsor reserves the right to select the winners from among all eligible Entries received up to the time of such cancellation, in a manner determined by Sponsor to be fair, appropriate, and consistent with these Official Rules.The Promotion Entities do not warrant that access to the Sweepstakes will be uninterrupted. Neither the Promotion Entities, nor any of their officers, directors, shareholders, employees, agents or representatives (individually and collectively, “Releasees”) are responsible for: (a) Entries from persons residing, or physically located, outside the Territory; (b) Entries that are altered, delayed, deleted, destroyed, forged, fraudulent, improperly accessed, inaccurate, incomplete, interrupted, irregular in any way, late, lost, misrouted, multiple, non-delivered, stolen, tampered with, unauthorized, unintelligible or otherwise not in compliance with these Official Rules; (c) lost, interrupted or unavailable networks, servers, satellites, websites, or other connection, availability, or accessibility problems arising in connection with or over the course of the Sweepstakes; (d) failure of personal computers and/or software and hardware configurations, any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical or other errors in connection with the administration of the Sweepstakes, the processing of mail or Entries, or the offering or announcement of the Prizes or any Prize notification documents; (e) any other errors of any kind relating to or in connection with the Sweepstakes, whether human, mechanical, clerical, electronic, or technical in nature; (f) the incorrect or inaccurate capture of information, or the failure to capture any information in connection with the Sweepstakes; (g) any changes to any Website function that may interfere with the Sweepstakes or your ability to timely enter; or (h) damage to a user’s system occasioned by participation in this Sweepstakes or downloading any information necessary to participate in this Sweepstakes; even if caused by the negligence of any of the Releasees.
PRIZES AND APPROXIMATE RETAIL VALUES (“ARVs”): Two (2) Grand Prizes – A 3-day/2-night trip from July 10, 2023 through July 12, 2023 for winner and up to three (3) guests to Seattle, Washington (“Trip”) to attend the 2023 MLB All-Star Game presented by Mastercard (“Game”), scheduled to be played on July 11, 2023. Trip includes the opportunity to attend the 2023 T-Mobile Home Run Derby, Capital One PLAY BALL PARK, the 2023 All-Star Red Carpet Show, plus additional special activities for the winner and guests before and/or after the Game (“Experience”), round-trip economy class air-transportation to/from the major airport nearest winner’s home city, round-trip ground transportation between destination airport and hotel, and hotel accommodations for two (2) nights (up to two rooms, double occupancy) (ARV: $7,500]; actual value will vary depending upon point of departure and date of travel booking [see additional Trip Prize Details below]). There is no retail value associated with the Experience portion of the Prize and in the event any portion of Experience is not available, those portion(s) will be forfeited and no additional compensation will be provided. Winners will be responsible for all federal, state and local income taxes. Winners will receive an IRS Form 1099-MISC reflecting the value of his/her/their Prize.Trip and Game/Experience Prize Details: Prizes must be used on date determined by Sponsor or prize will be forfeited. Use of any Major League Baseball Game/Experience/exhibition ticket is subject to the standard terms, conditions, and health and safety policies applicable to the ticket; see mlb.com/ticketback for details. Seat locations at the Game/Experience/exhibition and, unless otherwise stated in the prize description, exact Game/Experience/exhibition date shall be determined in the sole discretion of Sponsor. Winner’s guest(s) must be of legal age of majority in his/her(their) jurisdiction(s) of residence unless accompanied by a parent or legal guardian. Major League Baseball Game/Experience/exhibition dates and times are determined in the sole discretion of the BOC (as defined below) and/or the applicable Club (as defined below) and may be subject to change. The terms and conditions of the tickets awarded as part of the prize will govern in the event a legal Game/Experience/exhibition, as defined by Major League Baseball, is not played or held due to weather conditions, an act of God, an act of terrorism, civil disturbance, or any other reason. Winner and his/her guest(s) agree to comply with all applicable ballpark and venue regulations in connection with the prize. Sponsor and the MLB Entities reserve the right to remove or to deny entry to the winner and/or his/her guest(s) who engage in a non-sportsmanlike or disruptive manner or with intent to annoy, abuse, threaten, or harass any other person at the Game/Experience/exhibition. Released Parties (as defined below) will not be responsible for weather conditions; acts of God; acts of terrorism; civil disturbances; local, state, or federal regulation, order, or policy; work stoppage; epidemic, pandemic, or any other issue concerning public health or safety; or any other event outside of their control that may cause the cancellation or postponement of any Major League Baseball Game/Experience/exhibition. Major League Baseball Game/Experience/exhibition tickets awarded as prizes may not be resold, offered for resale, or used for any commercial or promotional purpose whatsoever. Any such resale or commercial or promotional use may result in disqualification and prize forfeiture, and may invalidate the license granted by the Game/Experience/exhibition ticket. Participation in the Game/Experience/exhibition is subject to winner’s (and guest’s) consent to and compliance with all health and safety policies of the MLB Entities, including but not limited to the wearing of masks if and when directed and the requirement to be fully vaccinated against COVID-19 (i.e., having received a final vaccination dose at least 14 days prior to the Game/Experience/exhibition). “MLB Entities” means the Office of the Commissioner of Baseball (“BOC”), its Bureaus, Committees, Subcommittees and Councils, MLB Advanced Media, L.P., Major League Baseball Properties, Inc., The MLB Network, LLC, the Major League Baseball Clubs (“Clubs”), each of their parent, subsidiary, affiliated, and related entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the Clubs or the BOC, and the owners, general and limited partners, shareholders, directors, officers, employees, and agents of the foregoing entities.Travel arrangements must be made through Sponsor’s agent and on a carrier of its choice. In the event a guest has not yet reached the age of majority in his/her/their state of residence, the guest must be winner’s child or charge. Each winner and his/her/their guests must travel together on the same itinerary. If a Grand Prize winner resides within a 250-mile radius of Seattle, Washington, she/she/they will receive a $250 travel stipend in lieu of air transportation and no additional compensation will be provided. Grand Prize winners and guests are responsible for providing proper documentation required for travel. Those without proper documentation may be denied boarding. The TSA and/or airline carrier and pilot venue may require negative COVID-19 test results or valid vaccination documentation prior to travel/attendance into pilot; any such requirements may be subject to change. Winners and guests irrevocably waive all claims against the Releasees and agree that the Releasees will have no liability or responsibility and shall be held harmless by winner/guest for any claim arising in connection with a potentially heightened risk of exposure to communicable diseases, viruses, bacteria or illnesses (including, without limitation, COVID-19) and the causes thereof, and sickness arising as a result of travel related activities, wherever, whenever or however the same may occur. Winners and guests fully understand that (a) the novel coronavirus SARS-CoV-2 and any resulting disease (together with any mutation, adaptation or variation thereof, “COVID-19”) is extremely contagious and there is an inherent risk of exposure to COVID-19 in any place where people are or have been present; (b) no precautions, including the protocols that may be implemented from time to time based upon public health and government-sponsored guidelines, can eliminate the risk of exposure to COVID-19; (c) while people of all ages and health conditions have been adversely affected by COVID-19, certain people have been identified by public health authorities as having greater risk based on age and/or underlying medical conditions; and (d) exposure to COVID-19 can result in being subject to quarantine requirements, illness, disability, other short-term and long-term health effects, and/or death, regardless of age or health condition. All expenses not specifically mentioned herein are not included and are solely each winner’s responsibility, including but not limited to: round trip transportation between the winner’s residence and any airport of origin, activities and ground transportation not expressly included in the Trip, excess luggage fees, travel protection insurance, meals, laundry service, merchandise, parking, room service, service charges, souvenirs, telephone calls and any additional gratuities and taxes which are not expressly included in the Trip. Photo identification and credit card or cash deposit may be required at check-in for incidental charges. Trip components are subject to change without notice. Any depiction of the Trip is for illustrative purposes only and may not reflect the actual Prize available to be won. Any difference between ARV and actual value will not be awarded. Winners are responsible for any transportation not specifically noted in these Rules. All airline tickets are subject to the vagaries of flight variation, work stoppages, and schedule or route changes. The Trips may not be combined with any other offer, and travel may not qualify for frequent flier miles, award points or other perquisites. None of the Releasees are responsible for lost or mutilated tickets and none will be replaced. Airline tickets are non-refundable, non-transferable, and are not valid for upgrades. The accommodations and airline tickets will be determined at the sole discretion of Sponsor. If a winner elects to take the Trip without the maximum number of allowable guests, components of the Trip will be awarded in increments/quantities suitable for the actual number of travelers and winner will not receive any compensation or substitute/alternate Prize for same. Any portion of the Trip not accepted by winner will be forfeited. Trip and Trip components may not be sold, traded, auctioned, transferred, or refunded. Other travel and accommodation restrictions, conditions and limitations may apply. Airline carrier’s regulations and conditions apply.
RANDOM DRAWING AND ODDS OF WINNING: The Grand Prize winners will be selected in a random drawing on or about June 1, 2023 from among all eligible Entries received. Drawing will be conducted by the Administrator, an independent judging organization. Odds of winning depend on the total number of eligible Entries received.
WINNER NOTIFICATION: Potential winners will be notified by email and/or telephone. Potential Winners are subject to verification by Sponsor and/or Administrator. Potential Winners will be required to electronically sign and return a Declaration of Eligibility, Prize Acceptance and Liability/Publicity Release (except where prohibited by law) (“Declaration Package”) within 3 days of notification attempt or winner may be disqualified and an alternate potential winner may be selected and notified, time permitting, as indicated above. In the event a potential winner has not yet reached the age of majority in his/her/their state of residence, the Prize will be awarded in the name of his/her/their parent or guardian. Winner and guests (or winner as parent/legal guardian for a minor guest who is winner’s child/charge) will also be required to execute and return a Liability Release within the same time period. Return of Declaration Package or any email notification as undeliverable, if any portion of the Declaration Package is not received within the required time period, or if any potential winner is deemed ineligible or Prize is returned as undeliverable, potential winner will be disqualified and an alternate will be selected.
PRIVACY POLICY: Sponsor will be collecting personal data about Entrants online, in accordance with its privacy policy. Please review the Sponsor’s privacy policy at https://www.scotts.com/en-us/node/9471. By participating in the Sweepstakes, Entrants hereby agree to Sponsor’s collection and usage of their personal information as outlined in Sponsor’s privacy policy and acknowledge that they have read and accepted Sponsor’s privacy policy.
RELEASES: By participating in this Sweepstakes, Entrants agree: (a) to release, indemnify, and hold harmless the Releasees, Facebook, Instagram and Twitter from any and all liability, loss, damages of any kind arising, in whole or in part, directly or indirectly, out of or relating in any way to participating in the Sweepstakes or the awarding, receipt, possession, and/or use or misuse of a Prize; (b) that under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, any punitive, indirect, incidental, consequential, exemplary, or any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased; (c) all causes of action arising out of or connected with this Sweepstakes or any awarded Prize shall be resolved individually, without resort to any form of class action; (d) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, and in no event will you be entitled to receive attorneys’ fees or court costs. Winner, by acceptance of a Prize, grants to Sponsor, the other Promotion Entities, and each of their respective designees the absolute right and license to use, publish, post, and/or display his/her name, address (city and state of residence), photograph, voice, likeness, social media handle, performance and/or other indicia of persona (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the Promotion Entities’ sole discretion) in any and all media now known or hereafter devised, for the purpose of trade, advertising, promotion or any other lawful purpose whatsoever, throughout the world, in perpetuity, without additional compensation or consideration, notification or permission, unless prohibited by law.
DISPUTES: Except where prohibited, participant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the District of Southern Ohio or the appropriate State Court located in Franklin County, Ohio; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (3) under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, indirect, 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Ohio, without giving effect to any choice of law or conflict of law rules (whether of the State of Ohio or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Ohio.
GENERAL: The Promotion Entities’ failure to or decision not to enforce any provision in these Official Rules will not constitute a waiver of that or any other provision. In the event of any conflict with any Sweepstakes details contained in these Official Rules and Sweepstakes details contained in Sweepstakes-related materials, these Official Rules shall prevail. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. The Promotion Entities’ employees are not authorized to waive, modify, or amend any provision or provisions of these Official Rules in any manner whatsoever. ANY ATTEMPT BY AN ENTRANT OR OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL, TO THE FULLEST EXTENT PERMITTED BY LAW.
WINNERS LIST: To receive the names of the winners by email, send an email to: winners@dja.com with “WINNERS 11-2808-01 Scotts Miracle-Gro All-Star Backyard Sweepstakes” as the subject line. Requests must be received by July 14, 2023. Winners’ List will be sent after all Prizes have been awarded.This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook, Instagram or Twitter.This Sweepstakes is in no way sponsored by any of the MLB Entities. Major League Baseball trademarks and copyrights are used with permission of Major League Baseball. Visit MLB.com.