Scotts Sweepstakes Rules

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT. THIS SWEEPSTAKES IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. YOU MAY NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE ELIGIBLE TERRITORIES (DEFINED BELOW) AT THE TIME OF ENTRY.

Eligibility: The Scotts MLB All-Star Sweepstakes (“Sweepstakes”) is open to legal residents of Colorado, Wyoming, New Mexico, Nebraska, and Utah (“Eligible Territories”), who are eighteen (18) years of age or older (or of the legal age of majority in their state of residence, whichever is older) as of the date of entry. Employees, officers and directors of The Scotts Company LLC (“Sponsor”), the MLB Entities (defined below), teamDigital Promotions, Inc. ("Administrator") and Ace Hardware Corporation, and each of their respective parent companies, subsidiaries, affiliates, governors, related entities, partners, partnerships, principals, licensees, sponsors, and advertising/promotion agencies and all of their respective officers, directors, employees, agents, representatives, successors and assigns (collectively, "Released Parties"), and the immediate family members (parent, spouse, sibling, or child, and their respective spouses, regardless of where they reside) and those living in the same household of each (whether or not related) are not eligible to participate or win. The “MLB Entities” shall mean the Office of the Commissioner of Baseball (“BOC”), its Bureaus, Committees, Subcommittees and Councils, MLB Advanced Media, L.P. (“MLB”), 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. This Sweepstakes is subject to all applicable federal, state, territory and local laws, rules and regulations. Void outside the Eligible Territories and where prohibited or restricted by law, rule or regulation.

Promotion Period: Sweepstakes begins at 12:00:00AM Eastern Time (“ET”) on 6/4/21 and ends at 11:59:59PM ET on 6/29/21 (“Promotion Period”).

How to Enter: There are two (2) ways to enter during the Promotion Period:

1) Participate in the Scotts Rockies Offer (“Offer”): Purchase seventy-five dollars ($75.00) or more, calculated prior to the addition of any sales tax, worth of Scotts, Miracle-Gro and/or Ortho products in a single purchase between 6/4/21 and 6/28/21 at one (1) of the Participating Locations (as defined below) in order to qualify for the Offer and follow the instructions provided at Participating Locations to participate in the Offer and to receive one (1) entry to the Sweepstakes.

2) Email: To receive one (1) entry without participating in the Offer or making a purchase, send an email to [email protected] with the name of Sweepstakes (“Scotts MLB All-Star Sweepstakes”) as the subject line of the email and entrant's name and telephone number in the body of the email. Sponsor will use email addresses from which entries are submitted and the supplied telephone number for prize notification purposes only. Email entries become the property of Sponsor and will not be returned or acknowledged.

Limit one (1) entry per person during the Promotion Period regardless of the method of entry. Additional entries from any one person or valid e-mail address in excess of the stated limitation will be void. By entering this Sweepstakes, each entrant gives his/her express permission to be contacted by the Administrator, Sponsor and/or MLB by telephone, e-mail and/or postal mail for Sweepstakes administration purposes only. Released Parties are not responsible for lost, incomplete, late, delayed, inaccurate, misdirected, stolen, undelivered, or garbled entries, e-mail, or Offer transactions; failures or malfunctions of phones, phone lines or telephone systems; lost entries, Offer transactions or transmissions; any error, omission, interruption, defect or delay in transmission, or communication; interrupted or unavailable network, server, Internet Service Provider (ISP), cable, satellite or other connections including those through and/or by any website; miscommunications, failed computer hardware or software or technical failures; non-delivery; misdirected, blocked, or delayed e-mail notifications; garbled, misrouted, jumbled, scrambled, delayed or misdirected transmissions; printing, typographical or other errors appearing within these Official Rules, in any Sweepstakes-related advertisements or other materials; or other errors or problems of any kind whether mechanical, human, telephone, electronic, or otherwise relating to or in connection with the Sweepstakes, or downloading of materials from or use of the website, including, without limitation, errors or problems which may occur in connection with the administration of the Sweepstakes, the processing of entries, or e-mail or the announcement of a prize. Sponsor reserve(s) the right, in their sole discretion, to void any and all entries of an entrant who Sponsor believes has attempted to tamper with, corrupt, or impair the administration, security, fairness or proper play of this Sweepstakes or who is otherwise not in compliance with these Official Rules. The use of automated entry or similar devices to participate or subvert the entry process is prohibited and all entries through such devices are void. In the event of a dispute as to the identity of any entrant, such entrant will be deemed, as the authorized account holder of the e-mail address submitted at the time of entry provided, he/she is eligible according to these Official Rules. “Authorized account holder” is defined as the natural person who is assigned to the e-mail address by an Internet access provider, online service provider or other organization (e.g., a business, educational institution, etc.) which is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Proof of being the authorized account holder may be required by Administrator and/or Sponsor.

Winner Selection/Notification: On or about 7/1/21, a random drawing (a “Prize Drawing”) will be conducted to select the potential winners from among all eligible entries received throughout the duration of the Promotion Period. The Prize Drawing will be conducted by Administrator, an independent sweepstakes management company. Subject to verification of eligibility and compliance with these Official Rules, the potential winners will be declared the official winners of the Sweepstakes. The potential winners will be notified at the telephone number provided in his/her registration form. If an initial potential winner does not answer his/her phone (or is otherwise unavailable during initial contact attempt), no message will be left and no further attempt to contact such individual will be made and such individual will be disqualified and an alternate potential winner may be chosen, time permitting and at Sponsor’s sole discretion. The potential winners may be required to execute and return an Affidavit of Eligibility, Liability and (where legal) Publicity Release within twenty-four (24) hours of time of issuance. In the event that a selected potential winner declines a prize, is not eligible to accept a prize, does not comply with the terms of these Official Rules or if Administrator is unable to contact a potential winner, such potential winner's prize opportunity will be forfeited and Administrator, at its sole discretion and time permitting, may randomly select an alternate potential winner from among all remaining eligible entries received throughout the duration of the Promotion Period. Odds of winning a prize will depend on the total number of eligible entries received throughout the duration of the Promotion Period. The decisions of Sponsor and/or Administrator, as applicable, will be final and binding in all matters relating to this Sweepstakes.

Two (2) Grand Prizes: Each Grand Prize winner will receive two (2) tickets to be used by winner and one (1) guest to the 2021 MLB All-Star Game currently scheduled to take place on 7/13/21 in Denver, CO. Approximate Retail Value of each Grand Prize is one thousand dollars ($1000.00) TRANSPORTATION AND LODGING NOT INCLUDED AS PART OF PRIZE AND IS EACH WINNER’S SOLE RESPONSIBILITY. Use of any Major League Baseball game/event/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 All-Star Game shall be determined in the sole and absolute discretion of Sponsor. Prize does not include tickets to any event or exhibition during the 2021 MLB All-Star Week. Major League Baseball games/events/exhibition dates and times are determined in the sole discretion of the BOC and/or the applicable Club and may be subject to change. The terms and conditions of the tickets awarded as part of any prize will govern in the event a legal game/event/exhibition, as defined by Major League Baseball, is not played or held, as applicable, due to weather conditions, an act of God, an act of terrorism, civil disturbance, work stoppage, local, state or federal regulation, order or policy, epidemic, pandemic and other issue concerning health or safety, state of emergency or any other reason outside their control. Each winner and his/her guest agree to comply with all applicable ballpark and venue regulations in connection with the prizes. Sponsor and the applicable MLB Entities reserve the right to remove or to deny entry to any winner and/or his/her guest who engage(s) in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the game, event or exhibition. Released Parties will not be responsible for weather conditions, Acts of God, acts of terrorism, civil disturbances, work stoppage, local, state or federal regulation, order or policy, epidemic, pandemic and other issue concerning health or safety, state of emergency or any other event, circumstance or natural disaster outside their control that may cause the cancellation or postponement of any Major League Baseball game/event/exhibition. Major League Baseball game, event and exhibition tickets awarded as prizes may not be resold or 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/event/exhibition ticket(s). Approximate Retail Value of all prizes: $2,000.00.

Miscellaneous: Unless permitted by Sponsor, no transfer, assignment, cash redemption, or substitution of prize permitted; provided, however, Sponsor may substitute any prize (or any portion thereof) with a prize of comparable or greater value. Each winner is responsible for all income, federal, state and local taxes as well as any other costs or expenses associated with prize acceptance. By participating, each entrant agrees to be bound by these Official Rules and agrees that (1) Released Parties and each of their respective designees shall have the right and permission to use (unless prohibited by law) entrant’s name, address (city and state of residence), photograph, voice and/or other likeness and prize information for advertising, promotional and/or trade and/or any other purpose in any and all media or format now known or hereafter devised, throughout the world, in perpetuity, without limitation and without further compensation or consideration, permission or notification to entrants or any third parties; and (2) Released Parties, and each of their respective designees and assigns shall have no liability and will be held harmless for any liability, loss, injury or damage, including, without limitation, personal injury, death or damages of any kind to personal or real property, to entrant or any other person or entity due in whole or in part, directly or indirectly, by reason of participation in this Sweepstakes and/or the acceptance, possession, use or misuse of any prize (or any portion thereof). Sponsor and MLB reserve the right, in their sole discretion, to modify, terminate or suspend this Sweepstakes (or any portion thereof) for any reason including in the event viruses, worms, bugs, non-authorized human intervention or other causes corrupt or impair the administration, security, fairness or proper play of the Sweepstakes (or any portion thereof) or for any other reason and, in the event of termination at its discretion, select winner for the drawing at issue from those eligible, non-suspect entries received for the Prize Drawing at issue prior to event requiring such termination.

Arbitration: As a condition of participating in this Sweepstakes, each entrant agrees that (1) any and all disputes, claims, controversies, or causes of action arising out of or relating to this Sweepstakes or any prizes awarded (each, a "Claim") shall be (a) arbitrated on an individual basis only and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party and (b) settled by binding arbitration in New York County, New York before a single arbitrator appointed by JAMS in accordance with its then governing rules and procedures, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof; and (2) under no circumstance will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses. For New Jersey residents, the limitations set forth above may be inapplicable where attorneys' fees, court costs, or other damages are mandated by statute. These Official Rules shall be governed by and construed and interpreted in accordance with the laws of the State of New York, U.S.A, applicable to contracts entered into and performed exclusively in that State.

Choice of Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the substantive laws of the State of New York, USA.

Privacy: Any information submitted by entrants that is shared with Sponsor is subject to and will be treated in a manner consistent with Sponsor’s Privacy Policy accessible at https://www.scotts.com/en-us/privacy and MLB.com Terms of Use and Privacy Policy, accessible at mlb.com/tou and mlb.com/privacy, respectively.

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES IN ANY WAY, OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS SWEEPSTAKES, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR, ADMINISTRATOR, MLB ENTITIES AND/OR THEIR RESPECTIVE AGENTS WILL DISQUALIFY ANY ENTRANT RESPONSIBLE FOR THE ATTEMPT AND RESERVE THE RIGHT TO SEEK ANY AND ALL REMEDIES AVAILABLE FROM ANY SUCH PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMISSIBLE BY LAW.

Winners’ Names: For the names of the winners (available no later than 9/1/21), visit http://winners.teamdigital.com/ScottsAllStar.

Administrator: teamDigital Promotions, Inc., 6 Berkshire Blvd., Bethel, CT 06801 www.teamDigital.com.

Participating Locations (the "Participating Locations"):