Miracle-Gro® Canada “12 Days of Giveaways” CONTEST

NO PURCHASE NECESSARY. THE Miracle-Gro® Canada “12 Days of Giveaways” (THE “Contest”) WILL BE CONDUCTED IN CANADA ONLY AND SHALL BE CONSTRUED AND EVALUATED ACCORDING TO APPLICABLE CANADIAN LAWS. PARTICIPANTS MUST BE OF THE AGE OF MAJORITY AT THE TIME OF ENTRY. VOID IN WHOLE OR PART WHERE PROHIBITED BY LAW. ENTRY IN THIS CONTEST CONSTITUTES ACCEPTANCE OF THESE CONTEST RULES (THE “Contest Rules”).

1. ELIGIBILITY:

To be eligible for this Contest, an individual must:

• be a legal resident of Canada, and
• be of the age of majority in his/her province or territory of residence or older at the time of entry.
  
  Employees of Scotts® Canada Ltd. (“Miracle-Gro®” , the "Sponsor"), its affiliates, subsidiaries, related companies, advertising and promotional agencies, and the household members of any of the above, are not eligible to participate in the Contest.
  
  The Sponsor shall have the right at any time to require proof of identity and/or eligibility to participate in the Contest. Failure to provide such proof may result in disqualification. All personal and other information requested by and supplied to the Sponsor for the purpose of the Contest must be truthful, complete, accurate and in no way misleading. The Sponsor reserves the right, in its sole discretion, to disqualify any entrant should such an entrant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information.

 

2. CONTEST PERIOD: The Contest begins at 11:00 a.m. Eastern Time (“EST”) on December 1, 2023 and ends at 11:59:59 p.m. EST on December 12, 2023 (the "Contest Period") after which time the Contest will be closed and no further Entries (as defined below) shall be accepted.

3. HOW TO ENTER:

ENTRIES:  In order to be awarded a Contest entry, the entrant must:

• Fully complete and submit the entry form located at https://woobox.com/e7rf2s (the “Contest Website”), including all of the required information, and must subscribe to the Miracle-Gro® Canada and the Plantsome eNewsletter (the “eNewsletter”) to receive one (1) entry into the Contest draw (an “Entry”). Each contestant will be eligible to enter one entry throughout the Contest Period. Existing eNewsletter subscribers must still click on the box to subscribe, however, they will only receive one copy of the eNewsletter to their inbox.  Entrants must continue to be eNewsletter subscribers at the time of prize fulfilment but can then withdraw at any time.
• NO PURCHASE NECESSARY. During the Contest Period, an Entrant must fully complete and submit the entry form located at https://woobox.com/gkgjz2 (the “Contest Website”), including all of the required information to enter into the Contest. 
• To enter and win, an Entrant must have a valid email account at the time of entry and at the time of Notification. If an Entrant uses a mobile device to register, they may incur standard data charges from their wireless service provider. Entrants should check with their wireless service provider for details on these and other applicable charges. Entrants are solely responsible for any such data charges. Not all wireless carriers participate. In the event of a dispute over the identity of an Entrant, the entry will be considered submitted by the authorized account holder of the email address used to enter the Contest. The individual assigned to the email address for the domain associated with the submitted email address is considered the authorized account holder. A selected Entrant may be required to provide proof that he/she is the authorized account holder of the email address used to enter the Contest. 
• Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified. Entrants using multiple identities, names and/or email addresses to enter the Contest may be disqualified. For purposes of this Contest, an Entry is “received” when the Website’s servers record the entry information. Proof of sending (such as an automated computer receipt confirming entry or “thanks for entering” message) does not constitute proof of actual receipt of an entry for purposes of this Contest. The Contest Website's database clock will be the official time keeper for this Contest. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsor may be disqualified. 
• Any person who is found to have entered in a fashion not sanctioned by these Official Rules and/or to have submitted more than the number of entries permitted by these Official Rules will be disqualified. Entries generated by script, macro, robotic, programmed, or any other automated means are prohibited and will be disqualified. The Contest Parties will not be responsible for late, lost, illegible, falsified, damaged, misdirected, mutilated, garbled, postage due or incomplete entries, which will be void. All entries become the property of the Sponsor upon receipt and none will be returned. 
• Up to twenty-five (25) bonus entries may be awarded to contest participants who refer their friends to the contest. Bonus entries are earned when a participant shares the contest via a unique URL that can be copied and pasted or shared via the share buttons which become available on the contest website after the participant has entered the contest. For every referral who enters the contest, the participant will receive one (1) bonus entry into the contest to a maximum of twenty-five (25) entries. 
   
• GENERAL:
  
  (a) All Entries become the sole property of the Sponsor and none will be returned for any reason. Entries will be declared invalid if they are illegible, incomplete, damaged, irregular, mutilated, forged, garbled or mechanically or electronically reproduced. No communication or correspondence will be exchanged with entrants except with those selected for a Prize (as defined below). 
  
  (b) Entries shall be deemed to be submitted by the authorized account holder of the e-mail address associated with the Entry. For the purpose of the Contest Rules, “authorized account holder" of an e-mail address is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. The selected entrant may be required to provide the Sponsor with proof that the selected entrant is the authorized account holder of the e-mail address associated with the winning Entry.

4. PRIZES:

• There are twelve (12) prizes available to be won, consisting of a 1 pre-selected plant from Plantsome.ca ($30 value each) along with a specific Miracle-Gro Potting Mix & Plant Food that pairs with the pre-selected plant (approx. $20 value each).
• The total value of all Prizes is approximately $600 (CAD).
• The Sponsor and/or Sponsor representatives will contact the Winners to coordinate the prizing details once the Winners have been successfully contacted and notified of his/her Prize and fulfilled the requirements set out herein.
• The Prize must be accepted as awarded and cannot be transferred, assigned, substituted, or redeemed for cash, except at the sole discretion of the Sponsor. Any unused portion of a Prize will be forfeited and has no cash value. The Sponsor reserves the right, in its sole discretion, to substitute a Prize or an element thereof, with a prize or element thereof of equal or greater value if the Prize (or any portion thereof) cannot be awarded for any reason.

5. WINNER SELECTIONS.

The twelve (12) potential Prize winners (the “Prize Winners”) shall be selected as follows:

• There will be two prize draws held on December 8th, 2023 and December 12th, 2023 in Mississauga, Ontario at 9:30 am. ET, the winners will be selected by a random draw from all eligible Entries received during the Contest Period (December 1st, 2023 at 11:00 am ET – December 12th, 2023 at 11:59:59 pm ET).
• The odds of being selected as a Winner are dependent upon the number of eligible entries received by the Sponsor throughout the Contest Period.
• Before being declared a Winner, the selected entrant will be required to correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited, mathematical skill-testing question to be administered during a pre-arranged telephone call or by e-mail, to comply with the Contest Rules and sign and return the Release (described below).
• SELECTED ENTRANTS WILL BE NOTIFIED BY PHONE AND/OR EMAIL NO LATER THAN 2 BUSINESS DAYS AFTER THE DRAW AND MUST RESPOND WITHIN THREE (3) BUSINESS DAYS OF NOTIFICATION. If a selected entrant does not respond in accordance with the Contest Rules, he/she will be disqualified and will not receive the Prize and another entrant may be selected in the Sponsor’s sole discretion until such time as an entrant satisfies the terms set out herein. The Sponsor is not responsible for the failure for any reason whatsoever of a selected entrant to receive notification or for the Sponsor to receive a selected entrant’s response.

6. RELEASE. The selected entrants will be required to execute a legal agreement and release (“Release”) that confirms his/her: (i) eligibility for the Contest and compliance with these Contest Rules; (ii) acceptance of the Prize as offered; (iii) release of the Sponsor, its parent company, subsidiaries, affiliates, related companies,  advertising, media buying and promotional agencies, and/or licensees, and each of their respective employees, directors, officers, suppliers, agents, administrators,  representatives, successors and assigns (collectively, the “Releasees”) from any and all liability for any loss, harm, damages, cost or expense arising out of participation in the Contest, participation in any Contest-related activity or the acceptance, use, or misuse of any element of the Prize, including but not limited to costs, injuries, losses related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light, or from any and all claims of third parties arising therefrom; and (iv) grant to the Sponsor of the right, in the Sponsor’s discretion, to produce, reproduce, publish, broadcast, communicate by telecommunication, exhibit, distribute, adapt and otherwise use or re-use the Winner’s name, photograph, likeness, voice, and biography, in any and all media now known or hereafter devised, in connection with the Contest and the promotion and exploitation thereof. The executed Release must be returned within five (5) business days of notification, or the selected entrant will be disqualified, and another entrant will be selected.

7. INDEMNIFICATION BY ENTRANT. By entering the Contest, the entrant releases and holds Releasees harmless from any and all liability for any injuries, loss or damage of any kind to the entrant or any other person, including personal injury, death, or property damage, resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any element of the Prize (if won), participation in the Contest, any breach of the Contest Rules, or in any Prize-related activity (if won). The entrant agrees to fully indemnify Releasees from any and all claims by third parties relating to the Contest, without limitation.

8. LIMITATION OF LIABILITY. The Sponsor assumes no responsibility or liability for lost, late, unintelligible/illegible, falsified, damaged, misdirected, or incomplete Entries, notifications, responses, replies or any Release, or for any computer, online, software, telephone, mobile device, hardware or technical malfunctions that may occur, including but not limited to malfunctions that may affect the transmission or non-transmission of an entry. The Sponsor is not responsible for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the administration of the Contest. The Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Entries. The Sponsor is not responsible for any problems, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, e-mail, mobile device, players, or browsers, on account of technical problems or traffic congestion on the Internet, any network, at any website, or on account of any combination of the foregoing.  The Sponsor is not responsible for any injury or damage to entrant or to any computer or mobile device related to or resulting from participating or downloading materials in this Contest. Entrant assumes liability for injuries caused or claimed to be caused by participating in the Contest, or by the acceptance, possession, use of, or failure to receive any prize. The Sponsor assumes no responsibility or liability in the event that the Contest cannot be conducted as planned for any reason, including those reasons beyond the control of the Sponsor, such as infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or corruption of the administration, security, fairness, integrity or proper conduct of this Contest, and/or the Contest Website.

9. CONDUCT. By participating in the Contest, each entrant agrees to be bound by the Contest Rules, which will be posted at the Contest Website and made available throughout the Contest Period. Entrant further agrees to be bound by the decisions of the Sponsor, which shall be final and binding in all respects. The Sponsor reserves the right, in its sole discretion, to disqualify any entrant found to be: (a) violating the Contest Rules; (b) tampering or attempting to tamper with the entry process or the operation of the Contest and/or the Contest Website; and/or (c) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE CONTEST WEBSITE OR ANY RELATED WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO CRIMINAL PROSECUTION. 

10. PRIVACY / USE OF PERSONAL INFORMATION.

• By participating in the Contest, entrant: (i) grants to the Sponsor the right to use his/her name, mailing address, telephone number, and e-mail address (“Personal Information”) for the purpose of administering the Contest, including but not limited to contacting and announcing the Winner; (ii) if he/she is the Winner grants to the Sponsor the right to use his/her Personal Information (first name and initial and city of residence) for publicity and promotional purposes relating to the Contest, in any and all media now known or hereafter devised, without further compensation unless prohibited by law; and (iii) acknowledges that the Sponsor may disclose his/her Personal Information to third-party agents and service providers of any of the Sponsor in connection with any of the activities listed in (i) and (ii) above.
   
• By opting-in online you consent to Scotts Canada Ltd. and Plantsome use of your Personal Information so that you may receive newsletters, be contacted to promote draws and contests, promote opportunities to subscribe to other newsletters or promotional clubs, and notify you about Miracle-Gro® Canada’s products or services. You may withdraw your consent at any time. To learn more about how your personal information will be used please visit https://miraclegro.com/en-ca/learn-grow/conditions-of-use.html. Opting-in to these communications will not increase your chances of winning in the Contest.
   
• Miracle-Gro® Canada will use the entrant’s Personal Information only for identified purposes and protect the entrant’s Personal Information in a manner that is consistent with Miracle-Gro® Canada’s Privacy Policy at: https://miraclegro.com/en-ca/learn-grow/privacy-notice.html

 

11. INTELLECTUAL PROPERTY. All intellectual property, including but not limited to trademarks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned by the Sponsor and/or its affiliates. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owner is strictly prohibited.

12. TERMINATION. Sponsor reserves the right, in its sole discretion to terminate the Contest, in whole or in part, and/or modify, amend or suspend the Contest, and/or the Contest Rules in any way, at any time, for any reason without prior notice. 

13. LAW. These are the official Contest Rules. The Contest is subject to applicable federal, provincial and municipal laws and regulations. The Contest Rules are subject to change without notice in order to comply with any applicable federal, provincial and municipal laws or the policy of any other entity having jurisdiction over the Sponsor. All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest Rules or the rights and obligations as between the entrant and the Sponsor in connection with the Contest shall be governed by and construed in accordance with the laws of the province of Ontario including procedural provisions without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws.

14. DISCREPANCY. In the event of any discrepancy or inconsistency between the terms and conditions of the English version of these Contest Rules and disclosures or other statements contained in any Contest-related materials, including but not limited to the Contest entry form, or point of sale, television, print or online advertising, the terms and conditions of the English version of the Contest Rules shall prevail, govern and control. 

15. SOCIAL MEDIA. This Contest is in no way sponsored or endorsed by any social media platforms on which the Contest may have been promoted and/or publicized.

16. Sponsor and Administrator Scotts Canada Ltd. 6835 Century Ave, Suite 202 Mississauga, ON L5N 7K2.

17. Winner List. For a list of the winner’s names (available after December 20th, 2023), send a self-addressed, stamped, business size (#10) envelope to: The 12 Days of Giveaways Contest, Scotts Canada Ltd. 6835 Century Ave, Suite 202 Mississauga, ON L5N 7K2.