SCOTTS® GO YARD CHALLENGE OFFICIAL RULES

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.  A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING SWEEPSTAKES DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED FOR THE SWEEPSTAKES. VOID WHERE PROHIBITED BY LAW.

ELIGIBILITY:  The Scotts® Go Yard Sweepstakes (“Sweepstakes”) is open only to legal residents of the fifty (50) U.S. states and the District of Columbia who are eighteen (18) years of age or older (except in the case of residents of states where the legal age of majority is greater than eighteen (18) years of age, such legal age of majority) at the time of entry.

The Scotts Go Yard Contest (“Contest” and together with the Sweepstakes, the “Promotion”) is open only to legal residents of the fifty (50) U.S. states and the District of Columbia who (i) are eighteen (18) years of age or older (except in the case of residents of states where the legal age of majority is greater than eighteen (18) years of age, such legal age of majority), and (ii) have successfully completed the Sweepstakes online entry form (“Online Entry Form”) and entered the Sweepstakes, at the time of Contest entry.

Employees, officers, and directors of Scotts Company, LLC  (“Sponsor” or “Judges”), the “MLB Entities” (defined below) and each of their respective parents, affiliated companies, subsidiaries, licensees, distributors, dealers, retailers, printers, advertising and promotion agencies, and any and all other companies associated with the Promotion, and their immediate families (spouse, parents, children, siblings, and their respective spouses, regardless of where they reside) or members of the same household (whether related or not) of such employees/officers/directors are not eligible to participate in the Promotion or win a “Prize”(defined below).  The “MLB Entities” shall mean the Office of the Commissioner of Baseball (“BOC”), its Bureaus, Committees, Subcommittees and Councils, MLB Advanced Media, L.P. (“MLBAM” or “MLB.com”), Major League Baseball Enterprises, Inc., Major League Baseball Properties, Inc., 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.  The Promotion is subject to all applicable federal, state, and local laws, rules and regulations.  Void where prohibited or restricted by law, rule or regulation.

HOW TO ENTER THE SWEEPSTAKES: The Sweepstakes begins at 10:00 am Eastern Time (“ET”) on March 24, 2014, and ends at 8:00 pm ET on May 11, 2014 (“Sweepstakes Entry Period”).  Entrants may enter the Sweepstakes using the Online Entry Form Method and/or Additional Entry Methods described below.  No other method of entry will be accepted. Limit one (1) entry via the Online Entry Form per person/email address/household.  Attempted Online Entry Form entries beyond the specified limit will be void. Up to 193 additional entries (“Additional Entries”) in the Sweepstakes can be received in accordance with the entry methods set forth below. Attempted Additional Entries beyond the specified limit will be void.

  1. Online Entry Form Method:  During the Sweepstakes Entry Period go to mlb.com/goyard and click on the Sweepstakes banners, buttons and/or links to access the Online Entry Form.  By successfully transmitting a completed Online Entry Form as directed, you will be entered in the Sweepstakes.   All information submitted online by entrants is subject to, and will be treated in a manner consistent with, MLB.com’s Terms of Use accessible at: http://mlb.mlb.com/mlb/official_info/about_mlb_com/terms_of_use.jsp and Privacy Policy accessible at: www.mlb.com/privacy.  Information shared with Sponsor in connection with the Promotion will be treated by Sponsor in a manner consistent with its privacy policy accessible at http://www.miraclegro.com/smg/node2/MGRO/help-center/privacy/8010015-28010025-s. Entrants must fully complete and submit all non-optional data requested on the Online Entry Form to be eligible. Incomplete and/or inaccurate entries are void. No automated entry devices and/or programs permitted. All online entries must include a valid email address for the entrant.  All entries become sole and exclusive property of the Sponsor and receipt of entries may not be acknowledged or returned.  Released Parties are not responsible for lost, illegible, invalid, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic.  Only fully completed entry forms are eligible.  Proof of submission will not be deemed to be proof of receipt by Sponsor.

Online entrants to the Sweepstakes may be given the option to receive (a) commercial email from Sponsor and/or MLB.com, and/or (b) mobile text messages and updates from MLB.com; however, eligibility to participate in the Sweepstakes is not dependent upon entrant’s consent to receive such emails and/or mobile text messages and updates and consenting to receive such emails and/or mobile text messages and updates will not impact any entrant’s chances of winning. Standard messaging rates apply to mobile text messages and updates. Check with your mobile service provider for more information.

  1. Additional Entry Methods:
    1. Game Play. You may receive Additional Entries in the Sweepstakes by participating in the Scotts® Go Yard Challenge Contest (the “Game”) (as described in the Contest-related sections below) as follows:
      1. For each daily Pick in the Contest you will receive one (1) Additional Entry in the Sweepstakes (maximum forty-two (42)).
      2. For each correct Pick in the Contest you will receive one (1) Additional Entry in the Sweepstakes (maximum one hundred twenty-six (126)).
      3. For being a Weekly Contest Winner you will receive five (5) Additional Entries in the Sweepstakes (maximum thirty (30)).
    2. Mail-in Method: If you do not wish to participate in the Game, you may receive 198 Additional Entries in the Sweepstakes by hand-printing your full name, address, city, state and zip code, day & evening telephone numbers (including area codes), date of birth and email address (optional) on a 3”x5” postcard and mailing it in a sealed envelope with proper postage affixed to: MLB.com Go Yard Challenge presented by Scotts c/o MLB.com, 75 Ninth Avenue, 5th Floor, New York, NY 10011.  Sponsor will use email addresses provided via the mail-in entry method for prize notification purposes only; however, eligibility to participate in the Sweepstakes is not dependent upon entrant’s provision of this information.  Mail-in entries must be postmarked by May 12, 2014, and received by Sponsor by May 19, 2014, to be eligible.  Mail-in entries become the property of Sponsor and will not be returned.

SWEEPSTAKES RANDOM DRAWING: The potential winner of the Sweepstakes will be selected by random drawing on or about May 19, 2014, from among all eligible entries received for the Sweepstakes.  Subject to verification of eligibility and compliance with the terms of these Official Rules, the potential winner will be declared the official winner of the Sweepstakes (the “Sweepstakes Winner”).  By entering the Sweepstakes, entrants fully and unconditionally agree to be bound by these Official Rules and the decisions of the Sponsor, which are final and binding on all matters relating to this Sweepstakes.  Odds of winning depend on the total number of eligible entries received for the Sweepstakes. 

SWEEPSTAKES PRIZE: One (1) Sweepstakes Prize Will Be Awarded: The Sweepstakes Winner will receive an exclusive "Scotts Ultimate Backyard Makeover" (the "Makeover") at Sweepstakes Winner's home (the “Sweepstakes Prize”) not to exceed an approximate retail value ("ARV") of $25,000. Makeover will include but is not limited to the following: a consultation with Sponsor or its designee to identify the Sweepstakes Winner's makeover needs, live goods (i.e., plants), turf grass and Scotts Miracle-Gro products, labor costs, and growing media (soils, sand, rocks, mulch), and non-lawn and garden growing items, products or live goods (i.e., grill or pavers). Consultation consists of meetings and other communication with Sweepstakes Winner regarding Makeover, photographs (as necessary) prior to Makeover, and recommendations for Makeover. Sponsor will furnish an Internal Revenue Service Form 1099 to Sweepstakes Winner for the actual retail value of Sweepstakes Prize for the tax year in which Sweepstakes Prize was won. Any difference between this amount and the actual value of the Makeover will not be awarded in any form. Sponsor will make an effort to accommodate the Sweepstakes Winner's preferences for the Makeover, but all final details regarding the Makeover will be determined by Sponsor in its sole discretion. Date and time of Makeover are at the discretion of Sponsor. The prize is non-transferable.  If the Sweepstakes Winner does not own a yard suitable for a makeover as determined by Sponsor, Sponsor reserves the right to award an alternate prize with an equal or greater value in lieu of the Makeover.  Unclaimed prizes will not be awarded.

HOW TO ENTER THE CONTEST: The Contest begins at 10:00 am ET on March 24, 2014, and ends at 8:00 pm ET on May 11, 2014 (“Contest Entry Period”).  The Contest Entry Period is divided into six (6) entry periods (each one referred to herein as a “Week”) as set forth in the table below. Each Week starts at 12:00:00 a.m. ET on the Start Date listed below and ends at 11:59:59 p.m. ET on the End Date listed below. Online entry only. No other method of entry will be accepted. Limit seven (7) Picks per person/email address/household per Week (i.e., one (1) per day of the applicable Week). Additional  Picks beyond the specified limit will be void.

Week

Start Date – End Date (Make Your Pick)

Review Date (for Contest Prizes)

1

3/31/14 – 4/6/14

4/7/14

2

4/7/14 – 4/13/14

4/14/14

3

4/14/14 – 4/20/14

4/21/14

4

4/21/14 – 4/27/14

4/28/14

5

4/28/14 – 5/4/14

5/5/14

6

5/5/14 – 5/11/14

5/12/14

After successfully entering the Sweepstakes as directed above, during the Contest Entry Period, visit mlb.com/goyard (“Website”) and follow the online instructions to enter via your MLB.com account.  You must be a registered user of MLB.com in order to participate in the Contest.  Registration on MLB.com is free, and can be obtained by logging on to www.mlb.com/scotts or www.mlb.com and following the onscreen instructions to open an account.

Once registered, follow the online instructions to select three (3) Major League Baseball (“MLB”) players you believe will hit a home run during the following week (each a “Pick” and all Picks for an applicable Week shall be collectively referred to as “Submission”).  Once a Pick is made for a particular Week it cannot be changed.  Sponsor’s computer is the official time keeping device for this Contest. 

CONTEST REVIEW: The Judges will review all eligible Submissions received for the applicable Week based on the number of correct Picks included in the Submission. On or about the corresponding Review Date set forth in the table above, the Submission with the highest number of correct Picks as determined by the Judges will be deemed the winning Submissions (each, a “Winning Submission”). Subject to verification of eligibility and compliance with the terms of these Official Rules, each eligible entrant who submitted a Winning Submission, as determined by the Judges, will be declared an official winner of the Contest (each a “Contest Winner” and together with the Sweepstakes Winner, the “Winners”). In the event of a tie, the following shall be used as the tiebreaker:

  1. Total number of all home runs hit by entrant’s correctly selected picks during the applicable Week.
  2. Total distance of all home runs hit by entrant’s correctly selected picks during the applicable Week.
  3. Total number of all home runs hit by entrant’s correctly selected picks during entire Contest.
  4. Total distance of all home runs hit by entrant’s correctly selected picks during entire Contest.
  5. In the event that the tie is still not broken after applying the tiebreakers above, Sponsor will administer a timed baseball trivia quiz, testing the tied entrants’ knowledge of MLB, without assistance of any kind, until the tie is broken.

By entering the Contest, entrants fully and unconditionally agree to be bound by these Official Rules and the decisions of the judges, which will be final and binding in all matters relating to the Contest.

CONTEST PRIZES:  Six (6) Contest Prizes Will Be Awarded (i.e., one (1) per Week as determined by Sponsor at its sole discretion) as follows (each a “Contest Prize” and together with the Sweepstakes Prize, the “Prizes”): 

  • MLB.TV: One (1) Contest Winner will receive one (1) 2014 MLB.TV Premium Yearly subscription. Blackout and other restrictions apply and are subject to change. Message and data rates may apply to download and use of MLB.com At Bat. See MLB.TV for details. (ARV $129.99.);
  • Cap: Three (3) Contest Winners will each receive one (1) official team cap. (ARV of each cap: $14.00.); and
  • Jersey: Two (2) Contest Winners will each receive one (1) official team jersey .(ARV of each jersey: $130.00.)

Unclaimed prizes will not be awarded.

PRIZE CONDITIONS: All Prize details shall be determined in the sole and absolute discretion of Sponsor. Each Winner is fully responsible for any and all applicable federal, state, and local taxes (including income and withholding taxes).  Official team cap and jersey are not game-used. All costs and expenses associated with Prize acceptance and use not specified herein as being provided, including but not limited to lodging, transportation costs, meals, gratuities and other expenses incurred by accepting the Prize are the sole responsibility of the Winners. The Prizes are non-transferable and non-assignable, with no cash redemptions for Sweepstakes Prize except at Sponsor’s sole and absolute discretion.  Sponsor reserves the right to substitute any Prize (or any portion thereof) with one of comparable or greater value at its sole and absolute discretion.

NOTIFICATION:  Each potential winner will be notified at the email address, postal address and/or telephone number (in the sole discretion of Sponsor) provided at the time of entry (the "Prize Notification").  In the event that any potential winner does not respond to any such Prize Notification within five (5) days of the date of issuance or declines the Prize for any reason, a disqualification will result, the Prize will be forfeited and, at Sponsor’s sole discretion and time permitting, an alternate potential winner may be randomly selected for the Sweepstakes or selected in accordance with the Contest Review Process for the Contest from among all remaining eligible entries.  Each potential winner may be required to submit his/her valid social security number and/or other identification to Sponsor and may be required to execute, have notarized and return an Affidavit of Eligibility and Release of Liability and, unless prohibited by law, Publicity, within five (5) days of the date of issuance.  Failure to submit any identification required by Sponsor or to return the required documents within the specified time period, noncompliance with these Official Rules or the return of the Prize (or any portion thereof) or Prize Notification as undeliverable may result in disqualification and Prize forfeiture and, at Sponsor’s sole discretion and time permitting, may cause an alternate potential winner to be randomly selected for the Sweepstakes or selected in accordance with the Contest Review Process for the Contest from among all remaining eligible entries.   Upon Prize forfeiture, no compensation will be given.

WAIVER OF LIABILITY/PUBLICITY RELEASE:  By participating in the Promotion and submitting an entry, each entrant agrees to (i) be bound by these Official Rules, including all entry requirements, and (ii) waive any and all claims against Sponsor, the MLB Entities, and each of their respective parents, affiliated companies, subsidiaries, officers, directors, employees, agents, licensees, distributors, dealers, retailers, printers, representatives and advertising and promotion agencies, and any and all other companies associated with the Promotion, and all of their respective officers, directors, employees, agents and representatives (collectively, “Released Parties”) for any injury, damage or loss that may occur, directly or indirectly, in whole or in part, from the participation in the Promotion or from the receipt or use of any Prize (or any portion thereof) or any travel or activity related to the receipt or use of any Prize (or any portion thereof).  By entering this Promotion, each entrant gives his/her express permission to be contacted by Sponsor and/or MLBAM by telephone, email and/or postal mail for Promotion purposes.  Each Winner, by acceptance of the Prize, grants to Sponsor, MLBAM and each of their respective designees the right to publicize such Winner’s name, address (city and state of residence), photograph, voice, statements and/or other likeness and prize information for advertising, promotional, trade and/or any other purpose in any media or format now known or hereafter devised, throughout the world, in perpetuity, without limitation and without further compensation, consideration, permission or notification, unless prohibited by law.  Released Parties are not responsible if the Promotion cannot take place or if the Prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism.  Entrants who do not comply with these Official Rules, or attempt to interfere with this Promotion in any way shall be disqualified.

GENERAL CONDITIONS:  Released Parties are not responsible for stolen, late, incomplete, illegible, inaccurate, misdirected, lost, misrouted, scrambled, damaged, delayed, undelivered, mutilated, postage-due or garbled entries, transmissions, email or mail; or for lost, interrupted or unavailable network, cable, satellite, server, Internet Service Provider (ISP), wireless network, website, or other connections including those through and/or by any website, availability or accessibility or miscommunications or failed computer, satellite, telephone, cable or wireless transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; wireless service congestion; failures or malfunctions of phones, phone lines or telephone systems, wireless towers or cellular tower equipment; any error, omission, interruption, defect or delay in  wireless or other transmission, processing, or communication; non-delivery; misdirected, blocked, or delayed email notifications; printing, typographical or other errors appearing within these Official Rules, in any Promotion-related advertisements or other materials; or any other errors, problems or difficulties of any kind whether human, mechanical, electronic, network, computer, telephone, wireless service, mail, typographical, printing or otherwise relating to or in connection with the Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotion, the processing of entries, the announcements of any Prizes or in any Promotion-related materials, or the cancellation or postponement of any Major League Baseball game, event or exhibition.  Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Promotion.  Released Parties are not responsible for injury or damage to participants' or to any other person's computer and/or wireless device related to or resulting from participating in this Promotion or downloading materials from or use of the website.  Persons who tamper with or abuse any aspect of the Promotion or website or attempt to undermine the legitimate operation of the Promotion by cheating, deception or other unfair playing practices, or intend to annoy, abuse, threaten or harass any other entrant or any representative of Sponsor and/or MLBAM or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void.  Any attempt to deliberately damage the content or operation of this Promotion is unlawful and subject to legal action by Sponsor, MLBAM and/or their respective agents.  Sponsor shall have the sole right to disqualify any entrant for violation of these Official Rules or any applicable laws relating to the Promotion, and to resolve all disputes in its sole discretion.  Released Parties (i) make no warranty, guaranty or representation of any kind concerning any Prize (or any portion thereof), and (ii) disclaim any implied warranty.  Sponsor’s failure to enforce any provision of these Official Rules shall not constitute a waiver of that provision.

Sponsor and MLBAM reserve the right, in their sole discretion, to cancel or suspend the Promotion (or any portion thereof) should viruses, bugs, unauthorized human intervention, or other causes corrupt administration, security, fairness, integrity or proper operation of the Promotion (or any portion thereof).  In the event of cancellation, Sponsor may elect to identify the Winners and award the Prizes by way of random drawing for the Sweepstakes and in accordance with the Contest Review Process for the Contest from among all non-suspect, eligible entries received up to the time of such cancellation.  Sponsor and MLBAM also reserve the right, in their sole discretion, to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Promotion.

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS PROMOTION OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH ENTRANT, AND SPONSOR, MLBAM AND/OR THEIR RESPECTIVE AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

Entries generated by a script, macro or other mechanical or automated means will be disqualified.  In the event of any dispute as to the identity or eligibility of any potential winner based on an email address, the winning entry will be declared made by the “Authorized Account Holder” of the email address submitted at the time of entry provided he/she is eligible according to these Official Rules.  The “Authorized Account Holder” is defined as the natural person to whom the applicable Internet service provider or other organization (such as a business or educational institution) has assigned the email address for the domain associated with the submitted email address.

LIMITATION OF LIABILITY: IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ENTRANTS’ ACCESS TO AND USE OF THE WEBSITE  AND/OR THE PROMOTION, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE PROMOTION. WITHOUT LIMITING THE FOREGOING, THIS PROMOTION AND 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 EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO ALL ENTRANTS. ENTRANTS SHOULD CHECK THEIR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

Except where prohibited, entrant 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 Southern District of Ohio (Columbus) or the appropriate Ohio State Court located in Columbus, 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 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 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.

WINNERS LIST:  For a list of Winners, mail a request and a self-addressed stamped envelope to be received by December 31, 2014, to: Scotts Go Yard Challenge, MLB.com, 75 Ninth Avenue, 5th Floor, New York, NY 10011. 

SPONSOR: The Sponsor of this Promotion is Scotts Company, LLC, 14111 Scottslawn Road, Marysville, Ohio 43041.

Major League Baseball trademarks and copyrights are proprietary to the MLB Entities. All rights reserved.

© 2014 The Scotts Company, LLC. World Rights Reserved.