This Fall, Think Spring Trivia Challenge SWEEPSTAKES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. 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 This Fall, Think Spring Trivia Challenge Sweepstakes (the "Sweepstakes") is open only to legal residents of the fifty (50) United States, Washington, D.C and Canada (excluding residents of the Province of Quebec) who are eighteen (18) years of age or older (except in the case of legal residents of certain states/provinces where the legal age of majority is greater than eighteen (18) years of age, such legal age of majority) at the time of entry Employees, officers, and directors (including immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and members of the same household, whether or not related) of Scotts Company LLC ("Sponsor"), 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 Sweepstakes are not eligible to participate or win the Prize (as defined below). The "MLB Entities" shall mean MLB Advanced Media, L.P. (MLB.com or MLBAM), the Office of the Commissioner of Baseball (BOC), its Bureaus, Committees, Subcommittees and Councils, 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 Sweepstakes is subject to all applicable federal, state, provincial and local laws, rules and regulations. Void in the Province of Quebec and where prohibited or restricted by law, rule or regulation.
HOW TO ENTER: The Sweepstakes begins at 9:00:01 a.m. Eastern Time ("ET") on September 3, 2013, and ends at 8:59:59 a.m. ET on October 14, 2013 ("Entry Period"). You may enter the Sweepstakes in one (1) of two (2) ways: by participating in the Online Trivia Promotion (defined below) or by mail. No other method of entry will be accepted. Limit eleven (11) entries per person, per e-mail address and per household per day, regardless of method of entry. Any more than eleven (11) entries received from any person, e-mail address or household thereafter during any one (1) day will be void.
FINISH TIME VALUES
|Time Elapsed||Sweepstakes Entries|
|0:00 - 0:59 minutes||10 Entries|
|1:00 - 1:59 minutes||9 Entries|
|2:00 - 2:59 minutes||8 Entries|
|3:00 - 3:59 minutes||7 Entries|
|4:00 - 4:59 minutes||6 Entries|
|5:00 - 5:59 minutes||5 Entries|
|6:00 - 6:59 minutes||4 Entries|
|7:00 - 7:59 minutes||3 Entries|
|8:00 - 8:59 minutes||2 Entries|
|Over 9:00 minutes||1 Entry|
After submitting your Online Trivia Promotion Sweepstakes entry(ies), you will be presented with the opportunity to utilize sharing functionality (the Sharing Functionality). By utilizing the Sharing Functionality to share the Online Trivia Promotion, you will receive one (1) additional Sweepstakes entry. You may earn a maximum of one (1) additional Sweepstakes entry per day regardless of the number of times you utilize the Sharing Functionality per day.
RANDOM DRAWING: The potential winner of the Sweepstakes will be selected by random drawing on or about October 24, 2013, from among all eligible entries received. Subject to verification of eligibility and compliance with these Official Rules, the potential winner will be declared the official winner of the Sweepstakes (the Winner). The decisions of Sponsor are final and binding on all matters relating to this Sweepstakes. Odds of winning depend on the total number of eligible entries received.
PRIZE: One (1) Prize to be awarded: The Winner will receive (a) two thousand U.S. dollars (USD$2,000) MasterCard gift card, (b) two (2) tickets for the Winner and one (1) guest ("Guest") to attend two (2) 2014 MLB Opening Series Games scheduled to be played in Sydney, Australia (the "Opening Series Games"), (c) two (2) round trip coach class air transportation for the Winner and Guest from a major commercial airport nearest Winner's home in the U.S. to a major commercial airport nearest the host city of the Opening Series Games, (d) one (1) standard hotel room (double occupancy) for six (6) nights in a hotel selected by Sponsor in or near the host city of the Opening Series Games ((a), (b), (c), and (d) collectively, the "Prize"). Approximate Retail Value ("ARV") of the Prize: $8,500. Actual value of Prize will vary depending on Winner's city of departure and the major commercial airport nearest the host city of the Opening Series Games. All Prize details, including exact Opening Series Games seat locations, shall be determined in the sole and absolute discretion of Sponsor. GROUND TRANSPORTATION NOT INCLUDED WITH PRIZE. Winner is fully responsible for any and all applicable federal, state, provincial and local taxes (including income and withholding taxes). All costs and expenses associated with the 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 Winner. The Prize is non-transferable and non-assignable, with no cash redemptions except at Sponsors sole and absolute discretion. Sponsor reserves the right to substitute the Prize (or any portion thereof) with one of comparable or greater value at its sole and absolute discretion. The flight selection will be at the discretion of Sponsor. Trip must be taken on dates specified by Sponsor or the Prize will be forfeited and, at Sponsors sole discretion and time permitting, an alternate potential winner may be selected from among all remaining eligible entries. If the Opening Series Games or any other Prize-related activity is canceled or postponed for any reason, travel prize will be awarded less applicable Prize-related activity(ies) and Sponsor will substitute that activity(ies) with an item(s)/activity(ies) of comparable or greater value as determined solely by Sponsor. Travel and hotel accommodation restrictions apply. Travel arrangements must be made through Sponsors agent and on a carrier of Sponsors choice. Winner and Guest must travel together on the same itinerary and are responsible for obtaining all necessary travel documents (e.g., valid photo I.D and/or passports or visas if applicable) prior to travel. Tickets are subject to certain terms and conditions as specified by issuers. Winners Guest must be of legal age of majority in his/her jurisdiction of residence (and at least eighteen (18) years of age), unless accompanied by a parent or legal guardian. Major League Baseball game, event and exhibition dates and times are determined in the sole discretion of the Office of the Commissioner of Baseball and/or the applicable Major League Baseball Club, as applicable, and may be subject to change. The terms and conditions of the tickets awarded as part of the Prize will govern in the event a legal game, event or exhibition, as defined by Major League Baseball, is not played due to weather conditions, Acts of God, acts of terrorism, civil disturbances, work stoppages or any other events or reasons. Winner and his/her Guest agree to comply with all applicable ballpark regulations in connection with the Prize. Sponsor and the applicable MLB Entities reserve the right to remove or to deny entry to the 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 (defined below) will not be responsible for weather conditions, Acts of God, acts of terrorism, civil disturbances, work stoppages or any other natural disasters, events, or reasons outside their control that may cause the cancellation or postponement of any Major League Baseball game, event or exhibition. Major League Baseball game, event and exhibition tickets awarded as prizes may not be resold or offered for resale. Any such resale may result in disqualification and Prize forfeiture, and may invalidate the license granted by the game ticket(s).
NOTIFICATION: The potential winner will be notified at the e-mail 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 from among all remaining eligible entries. The 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. Potential winners Guest may be required to execute and return a 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 any 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 from among all remaining eligible entries.
WAIVER OF LIABILITY/PUBLICITY RELEASE: By participating in the Sweepstakes 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, Facebook 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 Sweepstakes, 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 participation in the Sweepstakes or from receipt or use of the Prize (or any portion thereof) or any travel or activity related to the receipt or use of the Prize (or any portion thereof). By entering this Sweepstakes, each entrant gives his/her express permission to be contacted by Sponsor and/or MLBAM by telephone, e-mail and/or postal mail for Sweepstakes purposes. Winner, by acceptance and use of the Prize, grants to Sponsor, MLBAM and each of their respective designees the right to publicize the Winner's name, address (city and state/province 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.
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, e-mail 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 e-mail notifications; printing, typographical or other errors appearing within these Official Rules, in any Sweepstakes-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 Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the Prize or in any Sweepstakes-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 Sweepstakes. 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 Sweepstakes or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Sweepstakes or website or attempt to undermine the legitimate operation of the Sweepstakes 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 Sweepstakes 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 Sweepstakes, and to resolve all disputes in its sole discretion. Released Parties (i) make no warranty, guaranty or representation of any kind concerning the Prize (or any portion thereof), and (ii) disclaim any implied warranty. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Sponsor and/or MLBAM reserve the right, in their sole discretion, to cancel or suspend the Sweepstakes (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes corrupt administration, security, fairness, integrity or proper operation of the Sweepstakes (or any portion thereof). In the event of cancellation, Sponsor may elect to identify the Winner and award the Prize by way of random drawing 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 Sweepstakes.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES 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 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 dispute as to the identity or eligibility of any potential winner based on an e-mail address, the winning entry will be declared made by 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. 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 e-mail address for the domain associated with the submitted e-mail address.
As a condition of entering this Sweepstakes, each entrant agrees that (A) 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 (1) 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 (2) settled by binding arbitration in New York County, New York before a single arbitrator appointed by the American Arbitration Association 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 (B) 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. 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.
All entry data provided via the online trivia entry method is provided to MLBAM and not to Facebook. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook.
WINNERS LIST: For the Winners name (available after December 1, 2013), mail a request and a self-addressed stamped envelope to be received by December 31, 2013, to: This Fall, Think Spring Trivia Challenge Sweepstakes Winner's List c/o MLB Advanced Media, L.P., 75 Ninth Avenue, New York, NY 10011 Attn: Sweepstakes Department.
SPONSOR: The Sponsor of this Sweepstakes is Scotts Company LLC, 14111 Scottslawn Road, Marysville, Ohio 43041.
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