Scotts & Miracle-Gro – Dream Lawn And Garden Giveaway Sweepstakes

Scotts & Miracle-Gro The Dream Lawn and Garden GiveawayOFFICIAL RULESNO PURCHASE NECESSARY TO ENTER THE SWEEPSTAKES. VOID WHERE PROHIBITED.A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.1.    PROMOTION PERIOD: The Scotts & Miracle-Gro The Dream Lawn and Garden Giveaway (the “Sweepstakes”) begins at 12:00 AM Eastern Time (“ET”) on January 27, 2021 and ends at 11:59 PM ET on March 20, 2021 (the “Promotion Period”).2.    ELIGIBILITY: The Sweepstakes is open to legal residents of the 50 United States and the District of Columbia, who, as of date of entry, are at least 18 years of age or older. Employees, officers, and directors of The Scotts Company LLC (“Sponsor”), Don Jagoda Associates (“Administrator”), VaynerMedia, and any of their respective parents, affiliates, subsidiaries, franchisees, mandataries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, website providers, web masters, and members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household (whether or not related) are not eligible to enter or win. 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. Winning a prize is contingent upon fulfilling all requirements set forth herein. Sponsor reserves the right to verify the eligibility of winners.3.    HOW TO ENTER:  TWO WAYS TO ACCESS THE WEBSITE TO ENTER THE SWEEPSTAKES:VIA TEXT MESSAGING: During the Promotion Period, using your 2-way text messaging-capable device (“Device”), send a text message to 833-835-3535. After your text is received, you will receive a reply message with a link to the Scotts & Miracle-Gro Dream Lawn and Garden Giveaway Website (defined below). Sponsor cannot guarantee this Sweepstakes will be available via all wireless service providers. Text messaging is available on participating wireless service providers only, whose instructions may vary. Message and data rates may apply. Your wireless service provider may charge you for each text message you send and receive, including any error messages. Check with your wireless service provider on these and any other applicable charges. If you wish to opt out of receiving reply text messages, text STOP to 833-835-3535. By texting 833-835-3535, you agree that you are providing Sponsor and Administrator express, written consent for you to send and receive up to one (1) text message (excluding error messages) relating to the Sweepstakes. Consent is not a condition of any purchase.VIA WEBSITE: During the Promotion Period, visit Keepgrowingtoday.com (“Website”). After completing either of the actions described above, follow the instructions to complete and submit the online entry form (“Entry”) to enter the Sweepstakes. All Entries must be received by 11:59 PM ET on March 20, 2021. Limit one (1) Entry per email address. Multiple entrants are not permitted to share the same email address to submit an Entry. You must provide all required information to be eligible to enter and win. All potential winners are subject to verification before any prize will be awarded.Sponsor and Sponsor’s agents, affiliates, subsidiaries, representatives or service providers may use entrants’ personal information submitted with entry for purposes of prize fulfillment and/or for future marketing by Sponsor, as outlined in Sponsor’s Privacy Policy.4.    SELECTION OF WINNERS AND WINNER NOTIFICATION: A random drawing will be conducted on or about March 22, 2021, to select forty-two (42) winners from among all eligible Entries received. Random drawing will be conducted by Administrator, an independent selection organization whose decisions are final on all matters relating to the Sweepstakes. The odds of winning a Grand Prize depend on the number of eligible Entries received during the Promotion Period.Potential Grand Prize winners will be notified by phone call and/or email and will be required to complete and return via email/email link, a Declaration of Eligibility, a Release of Liability and, if legally permissible, a Publicity Release within three (3) days of Administrator’s attempted delivery of same. Noncompliance within any specified time period or return of Grand Prize/Grand Prize notification as undeliverable, or declining Grand Prize for any reason, will result in disqualification without further notice and an alternate winner may be selected in a random drawing from among all remaining eligible Entries received.Verification of Potential Winners: ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR AND/OR ADMINISTRATOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.5.    PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”): Grand Prizes (42): A Lawn & Garden of winner’s dreams, awarded as: (i) a $15,000.00 Sponsor-selected stored-value card, (ii) a one-time, one (1) hour virtual consultation from a Scotts Miracle-Gro lawn and garden expert, and (iii) $7,500.00, awarded as a check to help defray taxes. Issuer terms and conditions apply to stored-value card, consult card documents for terms. The ARV of each Grand Prize is $22,500.00. The total ARV of all Grand Prizes is $945,000. Limit one (1) prize per person and per household.Prize Restrictions: All details of the virtual consultation are in Sponsor’s sole discretion and each winner must be available on date/time specified by Sponsor for the consultation or that portion of prize may be forfeited. Prizes cannot be substituted, assigned, transferred, and the Stored-value card cannot be redeemed for cash; however, Sponsor reserves the right to make equivalent prize substitutions at its sole discretion if any advertised prize becomes unavailable. Winner is responsible for any loss of prize after it has been delivered. Sponsor will not replace any lost or stolen prize. Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of prize not specifically stated herein are the sole responsibility of the prize winners. Prize winners will be issued a 1099 tax form for the actual value of the prize. Prizes will be delivered/coordinated within 4-6 weeks of winner verification.6.    GENERAL CONDITIONS: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion and in the event of cancellation, prizes will be awarded in a random drawing from among all eligible Entries received prior to cancellation. Sponsor, Administrator, and their agencies are not responsible for lost, late, incomplete, damaged, stolen or misdirected entries; lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of entry will not be deemed proof of receipt by Sponsor or Administrator. Sponsor’s or Administrator’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, and/or the legitimate operation of the Sweepstakes; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. If, for any reason, the Sweepstakes is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect entries and (a) modify the Sweepstakes or suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (b) award the applicable prizes at random from among all eligible Entries received prior to up to the time of the impairment.7.    RELEASE AND LIMITATIONS OF LIABILITY: By participating in this Sweepstakes, entrants agree that Sponsor, Administrator, VaynerMedia, and each of their respective parents, affiliates, subsidiaries, franchisees, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, webmasters, and their respective officers, directors, employees, representatives and agents (the “Released Parties”) are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANTS AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF ANY PRIZE, ENTRY, USE OF ANY SPONSOR PRODUCT OR PARTICIPATION IN THIS SWEEPSTAKES OR IN ANY PROMOTION RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASE PARTIES ARE NOT RESPONSIBLE IF THE SWEEPSTAKES CANNOT TAKE PLACE OR IF ANY PRIZE OR PORTION THEREOF CANNOT BE AWARDED DUE TO DELAYS, INTERRUPTIONS OR FAILURES DUE TO ACTS OF GOD, WAR, ACTUAL OR POTENTIAL PUBLIC HEALTH CRISES (INCLUDING, WITHOUT LIMITATION, EPIDEMICS, PANDEMICS, AND GOVERNMENT DIRECTIVES RELATED THERETO), NATURAL DISASTERS, WEATHER, ACTS OR THREATS OF TERRORISM, STRIKES, LOCKOUTS, LABOR DISPUTES, WORK STOPPAGES, FIRE, ACTS OF GOVERNMENT, OR OTHER EVENTS OUTSIDE OF THE REASONABLE CONTROL OF THE RELEASED PARTIES.BY PARTICIPATING IN THIS SWEEPSTAKES, PARTICIPANTS AGREE THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY SUCH SITE.WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING ALL PRIZES, ARE 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, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.8.    PUBLICITY: EXCEPT WHERE PROHIBITED BY LAW, WINNERS GRANT TO SPONSOR AND ADMINISTRATOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR AND/OR ADMINISTRATOR), AND THOSE ACTING PURSUANT TO THEIR AUTHORITY, THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB AND SOCIAL MEDIA, AT ANY TIME OR TIMES, EACH WINNER’S NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, ENTRY, AND BIOGRAPHICAL INFORMATION FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION. ENTRANTS AGREE THAT SPONSOR SHALL OWN THE ENTRIES, WHICH WILL NOT BE ACKNOWLEDGED OR RETURNED, AND THAT SPONSOR AND ITS DESIGNEES SHALL HAVE THE PERPETUAL, WORLDWIDE RIGHT TO EDIT, PUBLISH, AND USE THE ENTRIES IN ANY WAY AND IN ANY MEDIA FOR TRADE, ADVERTISING, PROMOTIONAL, AND/OR OTHER PURPOSES AS SPONSOR AND/OR ITS DESIGNEES MAY DETERMINE WITHOUT FURTHER CONSIDERATION TO ENTRANTS OR ANY THIRD PARTY.9.    DISPUTES: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by an appropriate State Court located in 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 Sweepstakes, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant 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 entrant and Sponsor in connection with the Sweepstakes, 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.10.    PRIVACY: Information collected from entrants is subject to the Sponsor’s Privacy Policy, which can be found at https://scottsmiraclegro.com/privacy/. Entrants should be aware that Sponsor may be collecting non-public, personally-identifiable information about them in connection with the operation of the Sweepstakes.11.    OFFICIAL RULES AND WINNERS LIST: For a copy of the Official Rules, visit www.keepgrowingtoday.com/rules. For a list of winners available for ninety (90) days after April 15, 2021, send an email to: Winners@dja.com with WINNERS & 11-2283-60 as the subject line. Winners List will be sent after all prizes have been awarded.12.    SPONSOR AND ADMINISTRATOR: The Sponsor of the Sweepstakes is The Scotts Company LLC, 14111 Scottslawn Rd., Marysville, OH 43040.The Administrator of the Sweepstakes is Don Jagoda Associates, Inc., 100 Marcus Drive, Melville NY 11747.