ScottsMiracle-Gro "30 Days of Green" Contest

Complete Official Rules

1. SPONSOR INFORMATION. The Scotts Company, LLC, 14111 Scottslawn Road, Marysville, OH 43041 (“Sponsor”).

2. NO PURCHASE NECESSARY. Contest is open and offered only to legal residents of the U.S. who, at the time of entry, have reached the age of majority in their state of residence, are educators of grades 4 through 6 (submitting on behalf of their class/school), and are currently employed by a U.S.–accredited school (public, private, or charter school). All others are ineligible to participate. Void where prohibited by law. All federal and state laws apply. Persons in any of the following categories are not eligible to participate or win a prize: (a) persons who, since January 1, 2007, were or are employees or agents of The Scotts Company, LLC; The Integer Group®, LLC; Edelman; Scholastic, Inc.; The National Gardening Association; or Keep America Beautiful®; independent contractors of any of the above organizations; their parent companies, affiliates, or subsidiaries; or the service agencies or independent contractors of any of the above organizations; (b) individuals engaged in the development of, the production or distribution of materials for, or the implementation of this contest; or (c) employees of, persons in the immediate family of, or persons living in the same household as any person in any of the preceding categories. The contest starts on April 4, 2007, and ends on April 23, 2007 (“Promotion Period”). All entries must be postmarked by April 23, 2007, and received by April 30, 2007. To be eligible to accept the Grand Prize, the potential Grand Prize-winning school must provide a photograph of the future site upon request and have the following: 1) at least 500 sq. feet available to implement the learning garden; 2) groundskeepers to manage the garden throughout the year, including when school is not in session; and 3) a Keep America Beautiful (KAB) affiliate within 50 miles of the school.

3. HOW TO ENTER. Educators of grades 4 through 6 can access and print out entry forms at Kidsgardening.org or Scotts.com. Entry forms and a copy of the Complete Official Rules can also be obtained by sending a hand-printed, self-addressed, stamped envelope to Scotts 30 Days of Green Entry Form and Rules Request, P.O. Box 1750, Golden, CO 80402-1750. All requests for entry forms and rules must be received by April 13, 2007. VT residents may omit return postage. Limit of one request per outer mailing envelope. Copies or mechanical reproductions of requests will not be accepted. Complete the Scotts 30 Days of Green Contest entry form. Include (i) a class-nominated essay (written by the entrant’s students in grades 4 through 6) describing, in 200 words or less, what green space means to you and how you would use a learning garden; (ii) up to five (5) photographs of the class completing one of the 30 Days of Green calendar activities listed on KAB.org, Kidsgardening.org, and Scotts.com or a drawing of your ideal Learning Garden; and a photograph of the future site of the Learning Garden (should entrant win the Grand Prize). Entry form, submitted essays, and photographs hereafter are defined as Entry Materials. Mail the Entry Materials in an envelope, with sufficient first-class postage affixed, to: Scotts 30 Days of Green Contest, P.O. Box 1702, Golden, CO 80402-1702. All entries must be postmarked by April 23, 2007, and received by April 30, 2007. Limit of two entries per class. If more than two entries are submitted from a class, only the first two entries received will be considered and all others will be disqualified from the contest. The Entry Materials will not be acknowledged or returned.

4. CONDITIONS OF ENTRY. Essays and photographs must be original to the entrant and/or their class (not copied, adapted, or reproduced from any other source and not a collaboration with any other person); must be unpublished; and cannot have been entered in any other contest or created, displayed, published, or otherwise reproduced publicly or professionally (whether or not for sale). Photographs must be in color or black and white, no larger than 8" x 10". Slides, transparencies, videotapes, and Polaroid® photographs are not eligible. Each entrant represents and warrants that the Entry Materials are the original creation of that entrant and/or their class; have not been copied, in whole or in part, from a copyrighted or proprietary work belonging to someone else; and do not violate or infringe any copyright, trademark, or other proprietary right of any person or entity. By submitting an entry or accepting any prize, entrants understand and agree (and agree to confirm in writing and provide written confirmation from the parent or legal guardian of the minor author of each essay) that all Entry Materials and all rights, title, and interest thereto (including copyrights and derivative works and concepts or ideas depicted therein) are assigned to Sponsor. The Entry Materials, in whole or in part, may be edited, modified, adapted, copyrighted, published, reproduced, and used by Sponsor for any purpose and in any media whatsoever, without further compensation or review and will not be returned. Entrants assume all risk of lost, late, misdirected, incomplete, or illegible entries. Entry Materials, in whole or in part, that, in Sponsor’s sole judgment, are inappropriate, are noncompliant, or are in any other respect unsuitable (at the sole discretion of the Sponsor) will not be considered. Sponsor reserves the right, at its sole and absolute discretion, to refuse, disqualify, or withdraw Entry Materials and/or entrants at any time during the contest.

5. PRIZES AND SELECTION OF WINNERS. All eligible entries received will be judged by a panel of judges chosen by Sponsor, whose decisions on the winners shall be final and binding. All Entry Materials and participation in this contest shall be governed by these Complete Official Rules and the decisions of the Judges. Judges will determine the winners based on the following criteria: Most compelling essay, based on content describing what green space means to you and how you would use a learning garden (60%); quality of the photograph(s) or drawing (20%); and originality/creativity of the essay(s) and photograph(s) or drawing (20%). In case of a tie, the entry (among the tied entries) with the highest score in the most-compelling-essay category will be deemed the winner. GRAND PRIZE (1): The Grand Prize-Winning entrant’s school will receive a ScottsMiracle-Gro Learning Garden designed and implemented by ScottsMiracle-Gro and KAB. The Learning Garden will be implemented at the winning school in 2008, on dates established by ScottsMiracle-Gro and KAB and coordinated with the winning school. In addition, the name of the school will appear on Carl Edwards’ Scotts sponsored car during a NASCAR® race in the 2007 season. Approximate retail value or prize (“ARV”): $10,000. FIRST PRIZE (15): An in-classroom garden with potted plants. Prize features a guide for planning and planting an indoor garden; a $50 gift certificate to purchase an assortment of seeds, pots, and tools (redeemable at retailer to be determined by Sponsor); three (3) bags of potting mix; and plant food and weed preventer. Gift certificate is subject to terms and conditions established by issuer at time of prize award. ARV of each First Prize: $400. SECOND PRIZE (30): An in-classroom gardening kit. Each kit includes 24 nursery trays, 96 six-pack potting inserts, 156 pots (pot sizes may vary), 12 bags of soil, fertilizer, plant markers, two (2) watering cans, two (2) spray bottles, a 32-packet seed collection, a 4-piece garden tool set, and plant food and weed preventer. ARV of each Second Prize: $200. The total value of all prizes to be given away: $22,000. All prizes will be awarded assuming a sufficient number of eligible entries are received.

6. CONDITIONS OF PARTICIPATION. Limit of one prize per class or school. Winning entries will be selected within 30 days of the end of the Promotion Period, and the potential winning educator entrants and/or their schools will be notified on or about June 30, 2007, by phone or private delivery service (at Sponsors sole discretion). An authorized principal or representative from each winning school will be required to sign and return an Affidavit of Eligibility and Release of Publicity and Liability within three (3) days of notification. In the event of noncompliance, if an entrant and/or winning school cannot be reached at the address or phone number provided on a winning entry, or if a prize or prize notification is returned as unclaimed or undeliverable, that prize will be forfeited and an alternate winner will be selected in accordance with these Complete Official Rules. The return of all fully executed affidavits/releases of liability within the allotted time shall be the sole responsibility of the respective potential-winning school, and failure to return the documentation in a timely manner may result in disqualification. Sponsor is not responsible for delays in delivery. Prizes won will be awarded in the name of winning class’ school and prize subject to winning school’s internal rules/guidelines and applicable laws. No cash or substitution of any prizes will be offered in whole or in part. No prize assignment or transfer is permitted. If a prize is unavailable, Sponsor reserves the sole right to substitute a prize of equal or greater value. All taxes, fees, and surcharges on prizes are the sole responsibility of each winning school. By participating in this contest, where permitted by law, each entrant and school grants to sponsor (and agrees to confirm that grant in writing), those acting pursuant to the authority of Sponsor and Edelman, the right to print, publish, broadcast, and use, worldwide in any media now known or hereafter developed—including, but not limited to, the World Wide Web—at any time(s), their name, picture, likeness, and information and the winning school’s name, as news or information and for art, trade, advertising, and/or promotional purposes without additional compensation or review. Any individuals depicted in the potentially winning photograph(s) must also sign or if individual is a minor have a parent/legal guardian sign and return a Release of Liability/Publicity within the three-day period specified by Sponsor.

7. RELEASE OF LIABILITY. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the contest, or in the announcement of the prize(s). All entrants and their schools agree to release and hold harmless The Scotts Company, LLC; The Integer Group; Edelman; Scholastic, Inc.; The National Gardening Association; and Keep America Beautiful®; the service agencies and independent contractors of any of the above organizations; and their respective officers, directors, employees, agents, and contractors from any and all alleged, existing, or future actions; claims; and/or liabilities of whatever nature including, but not limited to, personal injury, bodily injury (including, without limitation, wrongful death and disability), property damage, and expense (including, without limitation, reasonable attorneys’ fees) and loss or damage of any other kind, arising in whole or in part directly or indirectly, from their participation in the contest (in whole or in part); use (including modification, adaptation, and reproduction) of Entry Materials during or after the contest; and the delivery, acceptance, possession, use, misuse, loss, or misdirection of any prize. Sponsor is not responsible for prize quality or utility. Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines; computer online systems, servers, or providers; computer equipment; software; or failure of e-mail or entry on account of technical problems or traffic congestion on the Internet or at any Web site or combination thereof, including injury or damage to participant’s or to any person’s computer related to or resulting from participating in this contest or downloading materials from this Web site. Sponsor is not responsible for user cheating or fraud by any entrants. Any activities intended to disrupt or interfere with the proper play of the contest or defraud Sponsor in any way will be prosecuted to the fullest extent of the law. Participants who engage in any of the foregoing activities will be disqualified and will forfeit any prizes won. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Contest should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Contest. In such case, Sponsor will select the winners from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor.

8. DISPUTES. THIS CONTEST IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF OHIO, WITHOUT RESPECT TO CONFLICT-OF-LAW DOCTRINES. As a condition of participating in this contest, each participant agrees that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this contest shall be resolved individually, without resort to any form of class action, exclusively before a court located in Union County, Ohio, having jurisdiction. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e., costs associated with participating in this promotion), and participant further waives all rights to have damages multiplied or increased.

9. WINNERS LIST. For a list of the winning classes/schools, send a self-addressed, U.S. sufficiently stamped envelope to Scotts 30 Days of Green Contest Winners List, P.O. Box 1750, Golden, CO 80402-1750 by April 30, 2007.

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