2023 #GroForGood Social Media Campaign Contest – Rules and Regulations

SPONSOR & CONTEST PERIOD: The #GroforGood social media campaign contest (the “Contest”) is sponsored by Scotts Canada Ltd., 202-6835 Century Ave, Mississauga, ON L5N 7K2 (“Sponsor”). The Contest commences at 12:01:00 AM Eastern Time (“ET”) on September 28, 2023, and will end at 11:59:59 PM ET on October 12, 2023 (“the Contest Period”). All times are Eastern Times. Submission deadline for videos is September 21, 2023.

RULES: By entering this Contest, Entrants (as deﬁned below) agree to be bound by these Contest rules and regulations (the “Oﬃcial Rules”).

ELIGIBILITY: The Contest is open to the five (5) non-proﬁt organizations, who have been selected to move onto the second round of the 2023 Edition of the Gro for good Grant Program (individually, the “Entrant” and collectively, the “Entrants”, or “you”). Each recipient of a $2,500 grant will also have the opportunity to compete for one additional grant of $2,500 in cash that will be awarded based on the Contest. Entrants must be residents of Canada who have reached the age of majority in their province or territory of residence at the time of entry. Employees, oﬃcers, representatives, mandataries, agents and directors of the Sponsor and its aﬃliates, representatives, agents, advertising or promotional agencies and Communities in Bloom, Nutrients for Life and Plant Grow Share a Row as well as their immediate family members and persons domiciled with them (whether related or not) (collectively the “Contest Parties”) are not eligible to enter the Contest. "Immediate family members" includes mother, father, sister, brother, son, daughter and spouse, including common law spouse, regardless of where they reside. Entrants will need to demonstrate one or more of the following beneﬁts to the community: addressing health and wellness needs, enhancing the environment and/or engaging with youth.

PRIZE: One additional grant (referred to as the “Prize”) valued at $2,500 (in cash) will be awarded to the CRA registered charity or non-proﬁt organization identiﬁed by the Entrant (the “organization”), which receives the highest number of votes on the Entrant’s video submission on https://woobox.com/3o6tky .

HOW TO ENTER: No purchase necessary.

Due Date: Video submissions must be submitted by September 21, 2023.

To enter, each Entrant must submit a video (“Video”) via a WeTransfer or Dropbox link to groforgoodvideos@gmail.com that meets the conditions set out below. Limit of one (1) video submission per organization. The grant recipient’s community, along with Scotts Canada, Communities in Bloom, Nutrients for Life and Plant Grow Share a Row will invite their community to vote for the best project.

Each submitted Video:

Must include (a) the name of your community and garden/green space, (b) what your garden green space means to your community in the form of comments, stories and/or testimonials, (c) photos showing oﬀ the garden/green space and/or where the Project will be, (d) how you have involved or will involve youth and other local groups, (e) something that will make your video stand out from all the others,

i.e. what makes your story unique, (f) use of the Event Kit materials sent to each Entrant;

Must be your own original work and you must have all the rights necessary to submit, post and publish the content, and to grant the license described below to the Sponsor, and to waive your moral rights therein to the Sponsor;

Must be between one (1) and three (3) minutes long;

Must use a digital camera or smartphone, in landscape mode (i.e., horizontally) and at the highest resolution; not produced by a media outlet;

Must be in English and/or French;

Must adhere to the Woobox Terms of Use; https://woobox.com/terms

Must not, in the sole and unfettered discretion of the Sponsor, contain any nude, sexually explicit, disparaging, discriminatory, libelous or other inappropriate content;

Must be intended for family audience viewing and contain only content that, in the sole and unfettered discretion of the sponsor, is suitable for all persons, including persons under the age of 13;

Must be submitted only once;

Must not contain or reference any names, products or services or any company or entity or any third-party copyrights, trademarks, logos, trade dress or promotion of any brand, product, or service (other than as owned by the Entrant and/or the organization); the Sponsor grants you the limited permission to display its marks and products in your entry, solely for purposes of entering the Contest and subject to these Oﬃcial Rules;

Must not contain any material that could violate or infringe upon the rights of any person or entity, including without limitation, copyrights, trademarks or rights or privacy or publicity, or that is defamatory, threatening, indecent, obscene or oﬀensive or that is unlawful, in violation of or contrary to, any applicable laws or regulations, or which requires a license from any third party; and

Must not disparage or cast a negative light on any person, entity, or brand, product, or service.

Each Entrant must have obtained, prior to submission, the express written consent of: (a) the organization, and (b) any identiﬁable persons referenced or visible in your Video to their persona being used therein and as set out in these Oﬃcial Rules, including the Sponsor’s right to use your Video for any future commercial purpose without restrictions. Upon request, you will obtain written consent of any such charity, organization or persons for Sponsor in the form identiﬁed by Sponsor. If any person referenced in any entry is under the age of majority in their jurisdiction of residence, the written consent and signature of their parent or legal guardian is required.

Each Video received before September 21, 2023 will be submitted on the woobox.com contest page (https://woobox.com/3o6tky) by the Contest Sponsor. Videos are subject to the approval of the Sponsor and must satisfy all the requirements set out above. Videos that do not satisfy the above requirements (or that are otherwise considered inappropriate in the sole and unfettered discretion of the sponsor) will be void and ineligible to enter into the Contest. The Sponsor may, in its sole discretion, elect to use, in whole or in part, any Video entered into this Contest for the purpose of administration of this Contest and for its own future advertising and/or promotional activities, without notice or compensation.

By entering, you grant to the Sponsor a perpetual, irrevocable, exclusive, worldwide, royalty-free, sub-licensable, freely assignable license to reproduce, use, exploit, copy, modify, adapt, edit, publish, create derivatives works from, and display any or part of your Video, as well as your name, the name of the organization on whose behalf you submitted the Video, its address (city and province/territory only), your voice and biographical information and prize information and/or statements about the Contest, the Prize, the Gro for good Program, and other information provided to the Sponsor by the Entrant, in any form, manner, venue, media or technology now known or later developed for any and all purposes, including, without limitation, for posting on its social media channels for purposes of this Contest and for purposes of trade, advertising, and promotion, as the Sponsor and its licensees or assignees determine, without further compensation, notiﬁcation, or permission. Further, by entering, you hereby waive any moral rights you may have in your Video in favor of the Sponsor.

The Sponsor reserves the right in its sole discretion to not consider any video submission for the Contest if it believes the submission violates or potentially violates any of the foregoing requirements or otherwise fails to comply with any provision of these Oﬃcial Rules. By entering, you warrant that your Video complies with the requirements set out above. You agree to reimburse the Sponsor in full in respect of any losses, damages, costs and expenses (including, where permitted, reasonable legal fees) that it may sustain from the breach of the foregoing, or the use of any rights granted by you to the Sponsor hereunder.

WINNER SELECTION:

The selection of the winning Video will take place at the oﬃce of the Mindshape in Oakville, Ontario on October 13, 2023 at 10 AM ET. Selection will be decided based on the highest number of votes received on the Entrant’s video submission posted on the woobox contest page. In case of a tie, the potential winner will be selected based on a random draw conducted from among the Videos having received the highest number votes.

NOTIFICATION AND PRIZE FULFILLMENT. The Entrant whose Video has been selected will be notiﬁed via telephone, at the telephone number provided upon entry and/or by email by October 17, 2023, to claim the prize. This notiﬁcation (the “Notiﬁcation”) will occur within three (3) business days after the winner has been selected, or as soon as reasonably possible thereafter. It is the Entrant’s responsibility to check their voicemail and/or email to ensure prompt reply to any Notiﬁcation. If a selected Entrant (a) does not respond to the Notiﬁcation within three (3) business days of the ﬁrst Notiﬁcation attempt; (b) fails to correctly answer unaided the time-limited mathematical skill testing question administered by the Sponsor (see below); or (c) fails to return a properly executed Release Form within the speciﬁed time (see rule below) then he/she will be disqualiﬁed and another Entrant will be selected until such time as contact is made by telephone and/or email with a selected Entrant that satisﬁes the foregoing requirements. The Sponsor will not be responsible for failed attempts to contact a selected Entrant.

To be declared the Prize winner, an Entrant must answer correctly, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question. The selected Entrant will also be required to sign, personally and on behalf of their organization being awarded the Prize, and return within three (3) business days of Notiﬁcation a declaration, waiver, and release form (the “Release Form”), which (among other things): (a) conﬁrms compliance with these Oﬃcial Rules including eligibility requirements; (b) acknowledges acceptance of the Prize as awarded; (c) releases the Contest Parties and each of their respective oﬃcers, directors, employees, representatives, shareholders, owners, general and limited partners, agents, representatives, successors and assigns (collectively, the “Releasees”) from any and all liability in connection with this Contest, the selected Entrant’s participation therein and/or the awarding and use/misuse of the applicable Prize or any portion or component thereof; and (d) agrees, except where prohibited by law, to the publication, reproduction and/or other use of his/her name, address, voice, statements about the Contest, photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by the Sponsor worldwide, in any manner whatsoever, including print, broadcast and the internet. The Prize will be transmitted to the address as it appears on the Release Form within thirty (30) days of receipt of the Release Form.

The name of the selected Entrant and the winning organization will also be posted on the Gro More Good Canada’s Facebook and Instagram page after being declared a winner. The prize will be distributed in October 2023.

The selected Entrant and the winning organization must comply with the terms and conditions of the Gro for good Program, notably: (i) To use the funds only for the designated purpose, as described in the grant application and subsequent grant notiﬁcation letter and not for any other purpose without the Sponsor’s prior written approval; (ii) To notify the Sponsor immediately of any change in (a) the community organization’s legal or tax status, (b) the community organization’s executive or key staﬀ responsible for achieving the grant purposes, (c) the community organization’s ability to expend the grant for the intended purpose, and (d) any expenditure from this grant for any purpose other than those for which the grant was intended; (iii) To not expend any funds for any political or lobbying activity or for any purpose other than the one speciﬁed in the grant application; (iv) To allow the Sponsor to review and approve the content of any proposed publicity concerning this Contest, the Prize or the Program prior to its release and to recognize the Sponsor in all publicity materials related thereto, as speciﬁed in the grant notiﬁcation letter; (v) To allow the Sponsor to include information about the Contest and the Prize in the Sponsor’s periodic public reports, newsletter, news releases, social media postings, and on the Sponsor’s website. This includes the amount and purpose of the Prize, any photographs you have provided, the community organization’s logo or trademark, and other information and materials about the organization and its activities; (vi) To submit a written report summarizing use of the Prize promptly following the end of the period during which you are to use all grant funds and to submit any interim reports that Scotts Canada may require. Your reports should describe your progress in achieving the purposes of the grant and include a detailed accounting of the use and expenditure of grant funds.

PUBLICITY: By accepting the Prize on behalf of their organization, the Entrant agrees, on behalf of the organization, to be governed by these Oﬃcial Rules, and if requested, agrees to have their name, the name of their organization, and its address (city and province/territory only) in a winners’ list. The Entrant further agrees to allow the Sponsor to use the name of their organization, its address (city and province/territory only), and photography in perpetuity without compensation for advertising or other purposes worldwide, in any and all media now known or hereafter devised, including the internet, without compensation related to this Contest.

RELEASE: Without limiting any other provisions of these Oﬃcial Rules, Entrants, personally and on behalf of their organization, agree to release and hold harmless the Sponsor, its agencies, suppliers, Facebook and each party’s respective subsidiaries, aﬃliated companies, oﬃcers, employees, representatives and agents from and against any and all claims or cause of action, including but not limited to, any injury, loss damages, including death and property, sustained due in whole or in part, directly and indirectly, from participation in this Contest use, misuse or redemption of the Prize. By entering the Contest, you hereby represent and warrant that you have read these Oﬃcial Rules and are fully familiar with its contents.

CONDITIONS OF ENTRY: By entering the Contest, Entrants (i) conﬁrm compliance with these Oﬃcial Rules including all eligibility requirements, and (ii) agree to be bound by these Oﬃcial Rules and by the decisions of the Sponsor, made in its sole discretion, which shall be ﬁnal and binding in all matters relating to this Contest. Entrants who have not complied with these Oﬃcial Rules are subject to disqualiﬁcation.

GENERAL: The Releases do not assume any responsibility for (i) the incorrect or inaccurate capture of entry information that fail to comply with these Oﬃcial Rules; (ii) any loss, damage, or claims arising from, or caused by the use/misuse of an awarded Prize or the Contest itself; or (iii) any lost mail, delays in mail delivery, or failure of the Contest website during the Contest Period, including any problems, human or technical, printing errors, lost, delayed, garbled data or transmissions, omissions, interruptions, deletions, defects or failures of any telephone or computer lines, or technical malfunction of any computer on-line systems, servers, access providers, computer equipment, software, failure of any e-mail or entry to be received on account of technical problems or traﬃc congestion on the Internet or at any website, or any combination thereof including any injury or damage to an Entrant’s or any other person’s computer and/or other device related to or resulting from downloading any material connected to the Contest, all of which may aﬀect a person’s ability to participate in the Contest. Entry material/data that has been tampered with or altered is void.

LEGAL: All issues and questions concerning the construction, validity, interpretation, and enforceability of the Oﬃcial Rules, or the rights and obligations of Entrants and the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any attempt to deliberately damage any website or undermine the legitimate operation of the Contest could be a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek damages from any person responsible for the attempt to the fullest extent permitted by law.

MODIFICATION, TERMINATION, SUSPENSION: The Sponsor reserves the right to terminate or suspend this Contest or to amend the Oﬃcial Rules at any time and in any way, without prior notice or liability, for any reason whatsoever, subject, where necessary, to the prior approval of the Régie des alcools, des courses et des jeux. Without limiting the foregoing, if for any reason the Contest is not capable of running as originally planned, for example as a result of tampering or infection by computer virus, the Sponsor reserves the right to terminate the Contest and select a winner of their own choosing.

DISCREPANCY OR INCONSISTENCY: In the event of any discrepancy or inconsistency between the terms and conditions of these Oﬃcial Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to point of sale, print or online advertising, the terms and conditions of these Oﬃcial Rules shall prevail, govern and control to the fullest extent permitted by law.

CONSENT TO USE PERSONAL INFORMATION: The Sponsor respects your right to privacy. The information you provided will only be used for the purpose of administering this Contest and prize fulﬁllment. Please note that a list of the winner’s name will be made available (see below). For more information regarding the manner of collection, use and disclosure of personal information by Scotts Canada, Ltd., please visit: https://scotts.com/en-ca/learn/privacy-notice.html

WINNERS’ LIST: For a list of the winners’ names, email a request by February 1, 2024 to: info@scottscanadacontest.ca .