GRO1000 Survey Sweepstakes 2017

Official Rules

NO PURCHASE OR PAYMENT NECESSARY FOR A CHANCE TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.  

  1. Eligibility: The GRO1000 Survey Sweepstakes 2017 (the “Sweepstakes”) is only open to non-profit organizations that are grant recipients of the GRO1000 program (“Eligible Organization(s)”) and that are intended recipients of the GRO1000 Survey (as defined below). You may not participate in this Sweepstakes unless you have received the GRO1000 Survey (as defined below). The person who enters the Eligible Organization in this Sweepstakes at the Website must: (i) be a legal resident of the fifty (50) United States or the District of Columbia, (ii) be at least twenty-one (21) years old at the time of entry, (iii) have the authority to enter the Eligible Organization into this Sweepstakes, and (iv) agree to be bound by Official Rules on behalf of the Eligible Organization. Eligible Organizations that employ relatives of or people living in the same household as employees, agents, representatives, officers, directors, members or managers of The Scotts Company LLC (“Sponsor”), and/or its parent and affiliate companies, subsidiaries, contractors, and suppliers, are not eligible to enter or win a prize. The Sweepstakes is subject to all applicable federal, state, municipal, territorial, and local laws and regulations and is void where prohibited by law. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions and interpretations of these Official Rules, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
  2. Sponsor: The Scotts Miracle-Gro Foundation, 14111 Scottslawn Road, Marysville, Ohio 43041.
  3. Timing: The Sweepstakes begins at 2:00 P.M. ET on October 20, 2017, and ends at 12:00 A.M. ET on November 18, 2017 (the “Sweepstakes Period”). Sponsor’s computer is the official time-keeping device for the Sweepstakes.
  4. How to Enter: To enter the Sweepstakes, Eligible Organizations that are selected by Sponsor to receive a GRO1000 survey via email (the “GRO1000 Survey”) must follow the instructions included in the GRO1000 Survey to fully complete and submit the GRO1000 Survey to Sponsor during the Sweepstakes Period, in order to receive one entry (“Entry”) into the Sweepstakes. To be eligible, the entrant entering on behalf of Eligible Organization must complete the GRO1000 Survey in its entirety. Limit one Entry per Eligible Organization.

Odds of winning depend on the total number of eligible Entries received during the Sweepstakes Period. No computer generated facsimiles, or mechanically reproduced Entries permitted. All Entries become the exclusive property of Sponsor and will not be acknowledged or returned.

Entrant will not receive a prize, unless and until eligibility has been verified and entrant been notified that verification is complete. Multiple entrants are not permitted to share the same email address. Potential winner may be required to show proof that it is an authorized representative of Eligible Organization and that it was authorized to submit the Entry. Any attempt by any entrant to obtain more than the stated limit of Entries by using multiple/different identities or any other methods (or to otherwise attempt to circumvent any term or condition contained in the Official Rules) will void that entrant’s Entry and that entrant/Eligible Organization may be disqualified. Sponsor is not responsible for lost GRO1000 Survey email communications, and/or late, incomplete, invalid, unintelligible, illegible, misdirected, stolen, excessive or mutilated Entries, all of which may be disqualified by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to void any and all Entries of an Entrant who Sponsor believes in its sole discretion has attempted to tamper with or impair the administration, security, fairness, or proper play of, or otherwise circumvented the rules of this Sweepstakes or failed to comply with these Official Rules. Sponsor assumes no responsibility for any Entry, computer, electronic or Internet hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt, or jumbled transmissions; nor service provider, Internet, mobile device, user accessibility, unavailability, hardware/software incompatibility, traffic congestion, or unauthorized human intervention or any technical or human error.

  1. Winner Selection: Five (5) winners will be chosen at random from all eligible Entries received on or about November 18, 2017. Winners will be notified via email to the email address specified in their Entries on or about December 15, 2017. To claim the prize, each potential winner should follow the instructions contained in his or her notification.
  2. Prize/Notification:

GRAND PRIZE: Five Hundred Dollar ($500.00) Grant

One (1) grand prize winning Eligible Organization will receive a five hundred dollar ($500.00) grant, awarded in the form of a check payable to the Eligible Organization. The approximate retail value (“ARV”) of the grand prize is $500.00.

RUNNER UP PRIZES: Miracle-Gro Nature’s Care Product Pack

Four (4) runner up winning Eligible Organizations will each receive a Miracle-Gro Nature’s Care Product Pack, which includes an assortment of Miracle-Gro Products selected by Sponsor in its sole discretion. The ARV of the runner up prize is $100.00.

TOTAL ARV OF ALL PRIZES: USD $900.

Limit one (1) prize per Eligible Organization. All prize details not specified in these Official Rules will be subject to and determined by Sponsor, in its sole discretion. Receipt of prize is contingent upon compliance with these Official Rules. Potential winner must submit the Eligible Organization’s W9, IRS determination letter, and either the Eligible Organization’s formation document or charter (collectively the “Documentation”) and return an executed Grant Expenditure Agreement (“Grant Expenditure Agreement”) upon notification of selection. Potential winner may be required to sign and return an Affidavit of Eligibility, Liability Release and (where legal) Publicity Release, in order to claim a prize. If a potential winner of any prize cannot be contacted, fails to respond to the email, fails to provide the Documentation, fails to sign and return the Grant Expenditure Agreement or, if applicable, fails to sign and return the Affidavit within ten (10) days, potential winner forfeits the applicable prize and the prize will be awarded to an alternate winner, selected by random drawing from among remaining eligible Entries, time permitting and in Sponsor’s sole discretion. Failure to comply with any term or condition in these Official Rules may result in disqualification. All costs and expenses associated with the acceptance and use of the prize not specified herein as being awarded, including, but not limited to, all federal, state and local taxes and other miscellaneous expenses are the Eligible Organization’s sole responsibility.

In the event that a potential winner of a Sweepstakes prize is disqualified for any reason, Sponsor will not be obligated to award a prize. POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE SWEEPSTAKES SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANTS ELIGIBILITY (WHICH MEANS FULL COMPLIANCE WITH THE TERMS AND CONDITIONS OF THESE OFFICIAL RULES) HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. IN THE EVENT THAT THE SWEEPSTAKES ENTRY SYSTEM FAILS FOR ANY REASON, INCLUDING WITHOUT LIMITATION, POWER FAILURES, ACTS OF GOD OR ANY OTHER REASON BEYOND SPONSOR’S REASONABLE CONTROL, ANY ENTRY THAT IS RECEIVED AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED A DEFECTIVE ENTRY, IS VOID AND WILL NOT BE HONORED.

No transfer, assignment, cash redemption or substitution of a prize (or portion thereof) will be permitted, except by Sponsor, at its sole discretion, due to prize unavailability or other causes otherwise determined solely by Sponsor, and then only for a prize (or applicable portion) of equal or greater value. Sponsor reserves the right to substitute a prize for equal or greater value if the designated prize should become unavailable for any reason.

  1. Release: By entering the Sweepstakes, each entrant agrees to release and hold harmless Sponsor, its parent and affiliate, companies, subsidiaries, suppliers, contractors, distributors, advertising/sweepstakes agencies and each such company’s officers, directors, employees, licensees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize.
  2. Publicity: Except where prohibited, participation in the Sweepstakes constitutes winner’s consent to Sponsor’s and its agents’ perpetual use of Eligible Organization’s name, likeness, trade identity, social media handle(s), photograph, quotes, opinions and/or biographical information for promotional purposes in any media now known or hereafter devised, worldwide, without further payment or consideration.
  3. General Conditions: Sponsor reserves the right to cancel, terminate, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures, virus, bugs, human error or any other factor beyond Sponsor’s reasonable control impairs the integrity, availability, fairness or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prizes by conducting a random drawing of all Entries received up to the time of the impairment, provided that Sponsor can verify receipt of any such Entries, in addition to other contingencies or measures which Sponsor may implement within its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other sweepstakes or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately 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 seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
  4. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors in these Official Rules or Sweepstakes-related advertisements or by any of the materials, 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, websites, 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. No more than the stated number of Sweepstakes prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be estimated, available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
  5. BINDING ARBITRATION: EXCEPT WHERE PROHIBITED BY LAW, ENTRANT AGREES THAT: (I) ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE SWEEPSTAKES, 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 MARYSVILLE, OH; (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.
  6. Governing Law: All federal, state and local laws and regulations apply. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrants and Released Parties in connection with the Sweepstakes, shall be governed by, and construed in accordance with Ohio law without giving effect to any choice of law or conflict of laws.
  7. Entrants Personal Information: Information collected from entrants is subject to the Sponsor’s Privacy Policy, which is available at: http://www.scottsmiraclegro.com/help/privacy/.
  8. Winner List: For a winner list, send a self-addressed, stamped envelope to be received by February 1, 2018: GRO1000 Survey Sweepstakes 2017, Winner List, Attn: Lindsay LaSala, The Scotts Company LLC, 14111 Scottslawn Road, Marysville, Ohio 43041.