GRO1000 GRANT Recipient GIVEAWAY (the “Giveaway”)
(the “Official Rules”)
NO PURCHASE OR PAYMENT NECESSARY TO RECIEVE THIS GIVEAWAY. A PURCHASE OR PAYMENT WILL NOT IMPROVE YOUR CHANCES OF WINNING.
ELIGIBILITY. Open to legal residents of the fifty (50) United States (including the District of Columbia) and Puerto Rico who have received a GRO1000 grant from Sponsor and have been contacted by Sponsor with a request to complete an online survey (a “Recipient”). The Survey (“Survey”) will ask the Recipient questions regarding the progress of their garden project. Individuals who are officers, directors, employees, agents and representatives of The Scotts Miracle-Gro Foundation (“Sponsor”), its respective parent company, subsidiaries, and affiliates, agencies, suppliers of materials or services related to this Giveaway, as well as the immediate family members (defined as parents, children, siblings and spouses, regardless of where they live) and those with whom such officers, directors, employees, agents and representatives are domiciled (whether or not related), are not eligible. Void where prohibited.
TO ENTER. Internet access and valid email account required. Recipient will receive an online questionnaire, which will ask them to fill in details about their garden and its impact to the community and to upload images that represent their garden project (the “Survey”). Recipient must complete and submit the Survey within the Giveaway Period to receive a Gift Card. The Giveaway Period begins at 9 a.m. ET on Monday, April 17,, 2017 and ends the earlier of: (i) one hundred (100) Surveys having been received by Sponsor; or (ii) on May 3, 2017, at 12 p.m. ET (the “Giveaway Period”).
By submitting your Survey, you are indicating that you have read and accepted these Official Rules.
Your Survey must not contain anything that (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or legal liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group (which include, but are not limited to, race, sex, creed, national origin, religious affiliation, marital status, sexual orientation, gender identity, or language); (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; (vii) promotes illegal or harmful activities or substances; (viii) contains materials embodying the names, likenesses, voices, or other indicia identifying any third person (living or dead), such as personal names, e-mail addresses or street addresses, including, without limitation, celebrities and/or other public or private figures, living or dead, (ix) uses the brand names, trade names, or trade-marks of any third parties, or (x) Sponsor determines, in its sole discretion, that the content of the Survey does at least one of the following: insults, attacks, harasses, bullies, threatens, demeans or impersonates others; contains “hate speech,” whether directed at an individual or a group, based on membership within certain categories targets minors or promotes products or services that are illegal for use by minors in their jurisdiction, or that are deemed to be unsafe or inappropriate; contains adult content, including nudity, depictions of people in explicit or suggestive positions, or activities that are overly suggestive or sexually provocative; contains content that is shocking, sensational or disrespectful, or portrays excessive violence; is otherwise obscene, offensive, or inappropriate; or links to or promotes a webpage; or otherwise make available any unsolicited or unauthorized advertising, “commercial pitch,” promotional materials, junk mail, spam, pyramid schemes, or any other form of solicitation.
By entering this Giveaway and submitting a Survey, you acknowledge and agree that your Entry may be used in advertising and/or publicity materials regarding the GRO1000 program. You hereby irrevocably, perpetually, and without limitation, grant the Sponsor the unlimited right and permission to use, post, publish, adapt, edit and/or modify such Entry (with or without your name in connection with your Survey and including any pictures you provided with the Survey), in any medium, in connection with the GRO1000 Program and waive all your rights, including moral rights, in and to the Survey, without notice or compensation.
WINNER SELECTION AND GIFT NOTIFICATION. The First one hundred (100) Recipients to submit a Survey will receive a $50 e-Gift Card from Sponsor (“Gift Card”), which will be sent to the email address provided in the Survey by July 1, 2017.
PERSONAL INFORMATION. Sponsor and its authorized agents will collect, use, and disclose the personal information you provide when you enter the Giveaway for the purposes of administering the Giveaway and gift card fulfillment. By entering this Giveaway, you consent to such collection, use, and disclosure of your personal information. You may also be offered the opportunity to receive additional communications from Sponsor about its products, and upcoming contests and promotions. The Giveaway website may be hosted on servers in the United States, and the personal information you provide may therefore also be subject to the laws of the United States.
LIMITATIONS OF LIABILITY AND RELEASES. By participating in this Giveaway, entrants agree to release and hold harmless Sponsor, together with its respective affiliates and related companies, including without limitation its parent, sister and subsidiary companies, retailers, franchisees, advertising and promotion agencies, suppliers of material and services related to the Giveaway, and any other corporation, partnership, sole proprietorship or other legal entity directly involved in the Giveaway and their respective officers, directors, employees, agents, and other representatives (the “Releases”) from and against any and all claims, injury or damage (including without limitation direct, indirect, incidental, consequential or punitive damages), to persons or property, arising out of or relating to (a) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines, websites, network hardware or software beyond the reasonable control of Sponsor; (b) unauthorized human intervention in any part of the entry process or the Giveaway; or (c) technical or human error which may occur in the administration of the Giveaway or the processing of entries.
GENERAL CONDITIONS. Participation in this Giveaway constitutes agreement by entrant to these Official Rules. Receiving a Gift card is contingent on fulfilling all the requirements set forth herein. All survey entries are subject to verification. Proof of Survey submission does not constitute proof of receipt. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, then the Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. Should a winner make any false statement(s) in any document referenced above, the winner will be required to promptly return to Sponsor his/her gift card, or the cash value thereof. Sponsor reserves the right to disqualify any entrant where it is suspected or evident that tampering with the Giveaway operation, or a violation of these Official Rules, has occurred. WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS GIVEAWAY OR UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
BINDING ARBITRATION. EXCEPT WHERE PROHIBITED BY LAW, RECIEPIENT AGREES THAT: (I) ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE GIVEAWAY, OR ANY PRIZE AWARDED, SHALL BE RESOLVED INDIVIDUALLY — WITHOUT RESORT TO ANY FORM OF CLASS ACTION — BY BINDING ARBITRATION (BY A SINGLE NEUTRAL ARBITRATOR SELECTED BY SPONSOR IN ITS SOLE AND ABSOLUTE DISCRETION) ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE “AAA RULES”) THEN IN EFFECT; (III) ANY ARBITRATION SHALL BE HEARD BY ONE ARBITRATOR TO BE SELECTED IN ACCORDANCE WITH THE AAA RULES, IN THE STATE OF OHIO; (IV) UNLESS BOTH ENTRANT AND SPONSOR AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING; (V) JUDGMENT UPON ANY AWARD RENDERED MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF; (VI) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE SUBJECT TO ALL LIMITATIONS AND RELEASES SET FORTH IN THESE OFFICIAL RULES AND LIMITED TO ACTUAL OUT-OF-POCKET DAMAGES, BUT IN NO EVENT SHALL SUCH CLAIMS, JUDGMENTS OR AWARDS INCLUDE ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES, ATTORNEYS’ FEES OR COSTS OF BRINGING A CLAIM, ANY INJUNCTIVE OR OTHER EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.