NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPACT YOUR OPPORTUNITY TO WIN. 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.
Eligibility: The Scotts Opening Week in the Yard Sweepstakes ("Sweepstakes") is open to legal residents of the 50 United States and District of Columbia who, as of the start of the Promotion Period (defined below), are eighteen (18) years of age or older. Employees, officers and directors of The Scotts Company LLC ("Sponsor"), MLB Advanced Media, L.P. ("MLB"), the other MLB Entities (as defined below), teamDigital Promotions, Inc. ("Administrator"), 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"), wholesale distributors and retail licensees, 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 Sponsor, the Office of the Commissioner of Baseball ("BOC"), its Bureaus, Committees, Subcommittees and Councils, 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, and local rules and regulations. Void where prohibited or restricted by law, rule or regulation.
Promotion Period: The Sweepstakes begins at 8:00:00 AM Eastern Time ("ET") on 3/31/21 and ends at 11:59:59 PM ET on 4/7/21 (the "Promotion Period").
How to Participate: There are three (3) ways to participate: (1) Tiktok, (2) Twitter, or (3) Instagram (as outlined below) (each, an "Entry Platform"). During the Promotion Period, entrants will be asked to do the following:
- Share a photo or video of sixty (60) seconds or less that showcases how they're celebrating getting back into their yard; and
- Include #OpeningWeekInTheYard and #Sweepstakes in your post copy (the "Hashtags") (collectively, the "Submission").
Limit one (1) Submission per person per TikTok account, per Twitter account, and per Instagram account throughout the Promotion Period. Additional submissions from any one person in excess of the stated limitation will be void.
Submission Requirements: Submission must be original, no more than sixty (60) seconds in length and must be in English. To be eligible, each Submission must (i) be complete ii) be public (not private or protected); and (iii) be your original creation and solely owned by you. In addition, to be eligible, Submission must not include any third-party music, packaging, logos or any other third-party intellectual property unless requisite permission is obtained. No third-party music (e.g., songs not owned/created or licensed by you) permitted in your Submission, unless requisite permission is obtained. Submissions cannot defame or invade publicity and/or intellectual property rights or the privacy of any person, living or deceased, or infringe upon any proprietary or other rights of any person or party. Submission may also not contain, as determined by Sponsor in its sole discretion, any content that is sexually explicit or suggestive, violent or derogatory, profane or pornographic, contains nudity; promotes alcohol, illegal drugs, tobacco, firearms/weapons (or use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message; is obscene or offensive; endorses any form of hate or hate group; defames, misrepresents or contains disparaging remarks about other people or companies; contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned or controlled by others, other than as outlined above; contains any personal identification; contains materials embodying the names, likenesses, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without requisite permission; contains look-alikes of celebrities or other public or private figures, living or dead; communicates messages or images inconsistent with the positive images and/or good will to which Sponsor and/or the MLB Entities wishes to associate; and/or violates any law. Submissions deemed by Sponsor or Administrator, in their sole discretion, to be immoral, obscene, profane or not in keeping with Sponsor's and/or the MLB Entities' image and values or in violation of these Official Rules will be void. In the event of non-compliance with any requirements specified herein or with any of the terms of these Official Rules, Sponsor reserves the right to void and disqualify such Submission.
Submissions must follow applicable TikTok, Twitter and Instagram, as applicable, size and format requirements. Incomplete Submissions, Submissions without the applicable Hashtags, re-tweets, Submissions that do not comply with the Submission Requirements, or any videos or language communicating messages inconsistent with the positive images to which Released Parties wishes to associate will be void. All Submissions must comply with applicable TikTok (https://tiktok.com/legal/terms-of-use) Twitter (https://twitter.com/en/tos), and Instagram (https://help.instagram.com/581066165581870) rules and terms of service. Subject to these Official Rules and applicable TikTok and/or Twitter, and/or Instagram terms of service and except where otherwise prohibited by law, all Submissions become the physical property of Sponsor and will not be returned. Your participation constitutes your consent for Sponsor and the MLB Entities to obtain, use, and transfer your Submission, name, Twitter handle, TikTok username, and/or Instagram username, address and/or other details (collectively, "Sweepstakes Data") for Sweepstakes administration purposes. Released Parties are not responsible for late, lost, stolen, incomplete, misdirected, delayed, garbled, damaged, inaccurate or undelivered Submissions, Direct Messages, replies, Submission videos, Tweets, emails or Sweepstakes Data, theft, destruction or unauthorized access to, or alteration of Sweepstakes Data, defect/delay in transmission or communication, including, but not limited to, Instagram, Twitter and/or TikTok Hashtags use or for telephonic, human or computer failures, problems or errors, interruptions in service, whether via TikTok, Twitter, Instagram or otherwise, due to system upgrades, repairs, modifications or other causes, defect or delay in transmission, failures or malfunctions of connections, satellite, network, cable, Internet Service Provider (ISP), phones, phone lines or telephone systems, traffic congestion on the internet, technical or mechanical malfunctions, or other malfunctions, errors or delays, whether caused by equipment, programming, human error or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors which may occur in connection with the administration of the Sweepstakes, the processing of Direct Messages, emails or Submissions, Sweepstakes Data, the announcement of prizes and winners, the cancellation or postponement of the Sweepstakes, for any injury or damage to participant's or any other person's computer or other device relating to or resulting from participation in this Sweepstakes, or for printing, typographical, human or other errors appearing in these Official Rules, in any Sweepstakes-related advertisements or other materials. Sponsor may void Submissions of any entrant who Sponsor believes has attempted to tamper with or impair Sweepstakes administration, security, fairness, or proper play. Use of any device to automate or subvert Submission is prohibited and any Submissions received by such means will be void. No software-generated, robotic, programmed, script, macro or other automated Submissions are permitted, and any entries received by such means will be void.
In the event a dispute arises regarding a specific individual entitled to receive a prize, Submissions will be declared made by the authorized account holder of the email address associated with any given TikTok, Twitter, or Instagram account from which the Submission was submitted. "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., business, educational institution, etc.) which is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Proof (to Sponsor's satisfaction) of being the authorized account holder may be required by Sponsor.
Winner Selection/Notification: On or about 4/12/21, ten (10) Grand Prize winners will be selected from among all eligible Submissions received from each Entry Plaform for a total of thirty (30) Grand Prize winners. 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 via TikTok, Twitter, or Instagram Direct Message (on the account from which they submitted their Submission) via MLB's TikTok, Twitter, or Instagram account. Potential winners must respond within one (1) day of the issuance of Direct Message, as determined by MLB in its sole and absolute discretion. The potential winners may be required to execute and return an Affidavit of Eligibility, Liability and (where legal) Publicity Release as well as any other documents required by Administrator within three (3) days of issuance of notification. Non-compliance with the foregoing or with these Official Rules in any way, the inability to contact any potential winner (as specified above), any potential winner's rejection of his or her prize or return of prize or prize notification as undeliverable may results in disqualification and, at Sponsor's and Administrator's discretion, the awarding of the applicable prize by selecting an alternate potential winner in a random drawing from among all remaining eligible Submissions received. Limit one (1) prize per person and per household.
Thirty (30) Grand Prizes: Each Grand Prize winner will receive one (1) MLB Opening Week Game Used Base. Approximate Retail Value ("ARV") of each Grand Prize: $100. All prize details are at Sponsor's sole discretion. Total ARV of all prizes awarded: $3,000.
Miscellaneous: No transfer, assignment, cash redemption, or substitution of a prize permitted except by Sponsor who may substitute a prize with a prize of comparable or greater value at its sole and absolute discretion. Sponsor reserves the right to substitute any prize (or any portion thereof) with a prize of comparable or greater value at its sole and absolute discretion. Winners are 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 (1) to be bound by these Official Rules, (2) that Sponsor, the MLB Entities, and each of their respective designees shall have, without limitation, the perpetual right worldwide to edit, adapt, modify, publish, exploit and use the Submission in any way and in any and all media now known or hereinafter discovered or devised, world-wide for trade, advertising, promotional, public relations and/or other purposes as Sponsor and/or its designees may determine without further permission from, or notification or consideration to entrants or any third parties, (3) that Sponsor, the MLB Entities and each of their respective designees shall have the right and permission to use (unless prohibited by law) entrant's name, voice, address (city and state of residence), photograph 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, consideration, permission or notification to entrants or any third parties; and (4) that the Released Parties and each of their respective employees, agents, representatives, licensors, successors and assigns shall have no liability and will be held harmless for any liability, loss, injury or damages of any kind, including, without limitation, personal injury, death or damage 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 the acceptance, possession, use or misuse of a prize (or any portion thereof) (including any travel or activity related thereto) and/or participation in this Sweepstakes. Sponsor reserves the right, in its sole discretion, to modify, terminate or suspend this Sweepstakes (or any portion thereof) should viruses, bugs, unauthorized human intervention or other causes corrupt or impair the administration, security, fairness or proper operation of the Sweepstakes (or any portion thereof) or for any other reason and, in the event of termination, at its discretion, to randomly select a potential winner from among those eligible, non-suspect Submissions received during the Promotion Period prior to event requiring such termination. Administrator and/or Sponsor, as applicable, reserve the right, in their sole discretion, to disqualify any person and void all associated submissions of any person who they believe has tampered with, or attempted to tamper with or impair, the entry process, or any other component of this Sweepstakes, whose conduct or actions affect or impair the administration, integrity, security, fairness or proper conduct of this Sweepstakes, or who is in violation of these Official Rules. Released Parties (a) make no warranty, guaranty or representation of any kind concerning the prize (or any portion thereof), and (b) disclaim any implied warranty. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
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, ADMINISTRATOR, SPONSOR, AND/OR EACH OF THEIR RESPECTIVE AGENTS WILL DISQUALIFY ANY ENTRANT RESPONSIBLE FOR THE ATTEMPT AND RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS' FEES) AND ANY AND ALL REMEDIES AVAILABLE FROM ANY PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMISSIBLE BY LAW.
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: All information submitted online by entrants 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.
Winners' Names: For the names of the winners (available no later than 6/12/21), visit http://winners.teamdigital.com/ScottsTikTok.
Administrator: teamDigital Promotions, Inc., 6 Berkshire Blvd., Bethel, CT 06801 www.teamDigital.com.
Sponsor: The Scotts Company LLC, 14111 Scottslawn Road, Marysville, OH 43041.
Major League Baseball trademarks, service marks and copyrights are proprietary to the MLB Entities. All rights reserved.
This Sweepstakes is in no way sponsored, endorsed, administered by, or associated with TikTok, Instagram, or Twitter.