BACKYARD OACEIS SWEEPSTAKES
NO PURCHASE NECESSARY TO ENTER OR CLAIM PRIZE.
A PURCHASE OR PAYMENT OF ANY KIND WILL NOT IMPROVE YOUR ODDS OF WINNING.
ELIGIBILITY: The Backyard OACEIS Sweepstakes (the “Sweepstakes”) is open to individual, legal residents of the 50 United States and the District of Columbia (“D.C.”) who are 18 years of age and older and the age of majority in their jurisdiction (19 or older in AL & NE) at the time of entry. Employees of The Scotts Company LLC, (“Sponsor”), Ace Hardware Corporation (“Retailer”), Advantage Marketing Partners (“Administrator”) and each of their respective parents, successors and assigns, subsidiaries and affiliates; participating retailers, employees of advertising, promotion and public relations agencies involved in any way with this Sweepstakes; and members of the immediate family (spouse, parents, siblings and children and their spouses) or persons living within the same household of any of such individuals are not eligible to participate or win a prize. Void outside the 50 United States/D.C. and where prohibited. Sweepstakes subject to all federal, state and local laws and regulations. Sponsor reserves the right to disqualify any person that violates these rules or tampers with or abuses any aspect of the Sweepstakes as solely determined by Sponsor. All decisions made by Sponsor in connection with this Sweepstakes, including without limitation, decisions related to eligibility requirements, are final and binding.
TO ENTER: The Sweepstakes begins at 12:00:01 AM ET on 4/1/22 and ends on 4/30/22 at 11:59:59 PM ET (the “Promotion Period”). To enter the Sweepstakes, during the Promotion Period, visit www.backyardoaceis.com and follow the directions to register and receive one (1) entry into the Sweepstakes. Entries must be received by 11:59:59 PM ET on 4/30/22, the date the Sweepstakes ends. LIMIT: One (1) entry per person, regardless of whether the entry is by mail or online. Sponsor, Retailer and Administrator, are not responsible for computer system, network, hardware, software or program malfunctions, or other errors, failures or delays in electronic transmissions or network connections that are human or technical in nature and may limit participation in this Sweepstakes. The Sponsor's computer will be the official timekeeping device. Standard data rates may apply if a mobile device is used for participation in this Sweepstakes. Check with your wireless service provider for details. Wireless internet access may not be available in certain areas and is not available on all mobile devices/wireless service providers.
Alternatively, you may also choose to enter the Sweepstakes via U.S. mail instead of entering via the foregoing online method of entry. To enter the Sweepstakes by mail, hand print your first and last name, street address, city, state, zip code, birth year, daytime telephone number and email address on a postcard and mail your completed postcard with the above-stated required information to: Backyard OACEIS Sweepstakes, PO Box 3458, Stamford, CT 06905-0458 (each, a "Mail-in Entry"). ALL MAIL-IN ENTRIES MUST BE POSTMARKED NO LATER THAN 4/30/22 AND RECEIVED BY 5/7/22. Proof of mailing a Mail-in Entry is not considered proof of delivery or receipt. Sponsor, Retailer and Administrator are not responsible for any lost, late, misdirected, damaged or postage-due Mail-in Entries. Illegible or incomplete Mail-in Entries and mechanically reproduced Mail-in Entries will be disqualified. Moreover, false, fraudulent or deceptive Mail-in Entries or acts shall render Mail-in Entry participants ineligible. All Entries becomes the property of Sponsor and will not be returned.
PRIZES: On or about 5/10/22, a random drawing will be conducted by a representative of Administrator from all eligible entries received to select potential winners of the following three (3) prizes: One (1) Grand Prize: $5,000 in Ace Hardware gift cards; One (1) First Prize: $500 in Ace Hardware gift cards; and, One (1) Second Prize: a $250 Ace Hardware gift card (collectively, the “Prizes”). Gift card Prizes use subject to separate terms and conditions imposed by Retailer. Odds of winning will be determined by the number of eligible entries received. Limit: one (1) Prize per person/household. Allow 4-6 weeks for shipment of Prize after winner has been verified. All Prizes will be awarded as long as a sufficient number of eligible entries are received and Prizes are claimed in accordance with these Official Rules.
APPROXIMATE RETAIL VALUE OF ALL PRIZES: $5,750.
PRIZE RESTRICTIONS: No substitution, assignment or transfer of Prize permitted by winner. Prize cannot be redeemed for cash, but Sponsor reserves the right to substitute a prize of comparable or greater value, at its sole discretion if an advertised Prize becomes unavailable. All federal, state and local taxes and any other costs and expenses associated with the acceptance and use of Prize are the sole responsibility of each winner.
WINNER NOTIFICATION/VERIFICATION: Potential Sweepstakes Prize winners will be notified by the email address used to register for the Sweepstakes. Potential Prize winners must respond to such email with the requested information within 72 hours of time sent or the Prize may be forfeited and awarded to an alternate winner, at Sponsor's sole discretion. Potential Grand Prize winner must complete, sign, have notarized and return an Affidavit of eligibility, liability release and (where lawful) a publicity release and an IRS Form W9. Failure to sign and return these documents within the stated deadline, or if a is returned as undeliverableif a Prize is undeliverable may result in forfeiture of the Prize and the selection of an alternate potential winner by random drawing from among all remaining eligible entries received. Sponsor is not responsible for any change of email, mailing address, and/or telephone number of participants.
GENERAL CONDITIONS: By participating in the Sweepstakes, participants release Sponsor, Retailer and Administrator, their parents and affiliates, and their respective directors, officers, employees, agents and representatives ("Released Parties"), from any liability whatsoever and waive any and all causes of action related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Sweepstakes or delivery or misdelivery, acceptance, possession, use of or inability to use the Prizes or while preparing for or traveling to any Prize-related activity (including, without limitation, claims, costs, injuries, losses of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence and/or fraud), warranty or other theory. Participants waive the right to claim any attorneys' fees and any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. Acceptance of Prize constitutes winner's agreement and permission for Sponsor, Retailer and its agents and designees to use winner's name/likeness for advertising, promotion, and other publicity and trade purposes in any and all media without further notice or compensation, unless prohibited by law. By participating in the Sweepstakes and/or accepting Prize, Sweepstakes participants agree to be bound by these official rules and the decisions of the Released Parties, which shall be final and binding in all respects. Released Parties are not responsible for any printing or other errors in Sweepstakes-related material. In the event of a dispute as to the identity of each entrant or regarding entries received from multiple users having used the same e-mail account, the authorized subscriber of the e-mail account for the email address provided at the time of entry will be deemed to be the entrant. Authorized account subscriber is the natural person who is assigned the e-mail address by the ISP, on-line service provider or other organization responsible for assigning e-mail addresses for the applicable domain. By participating in the Sweepstakes and/or accepting Prize, Sweepstakes participants agree and direct the Sponsor and Retailer to provide to each other any information submitted by the entrant in connection with the Sweepstakes. Please see the privacy notices located at (i) https://scottsmiraclegro.com/privacy for details of Sponsor's policy and (ii) https://www.acehardware.com/customer-service?page=privacy-policy for details of Retailer's policy, each of which apply regarding use of the respective party of personal information collected in connection with this Sweepstakes. Entries that are generated by a script, macro, or other automated means and/or otherwise not in compliance with these Official Rules will be disqualified. Automated methods of entry, including entry via third party websites or services, are prohibited. Sponsor reserves the right, in its sole discretion, to cancel or suspend this Sweepstakes, in its entirety or in part, should tampering, unauthorized intervention, counterfeiting, fraud, technical failures, or other causes beyond Sponsor's control corrupt the administration, security, fairness, integrity or proper play of the Sweepstakes. In the event Sponsor is prevented from awarding prizes or continuing with the Sweepstakes as contemplated herein by any event beyond its control, Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes. If the Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select winners in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant's sole and exclusive remedy under such circumstances. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes, to be acting in violation of the Rules or any laws, or to be attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, misappropriation, infringement, or any other unfair playing practices, poor sportsmanship, or intending to annoy, abuse, threaten, or harass any other participants or Sponsor, Retailer, Administrator or their respective representatives. CAUTION: ANY ATTEMPTION TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITMIATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE SWEEPSTAKES. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. Sponsor reserves the right to disqualify permanently from this Sweepstakes any entrant it believes has violated these Official Rules. If it is suspected that the same individual enters the Sweepstakes using multiple names, addresses or email accounts in an attempt to gain additional entries beyond the Entry limits stated in these Official Rules, Sponsor reserves the right to disqualify such individual and all Entries will be void.
LIMITATIONS OF LIABILITY: No more than the stated number of Prizes shall be awarded. Released Parties are not responsible for: (a) incorrect or inaccurate transcription of entry information or late, lost, stolen, unintelligible, illegible, damaged, mutilated, altered, incomplete, misdirected entries or entries received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware or software; (c) the unavailability or inaccessibility of any website or service; (d) unauthorized intervention in any part of the entry process or the Sweepstakes; (e) printing, typographical, electronic or human errors which may occur in the offer or administration of the Sweepstakes or the processing of entries; or (f) any injury or damage to persons or property, including but not limited to entrant's computer, which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Sweepstakes, or from viewing, playing or downloading any material from Sponsor's website(s), regardless of whether the material was prepared by Sponsor or a third party, and regardless of whether the material is connected to a Sponsor website by a hypertext link.
DISPUTES; GOVERNING LAW, JURISDICTION AND VENUE: You agree that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or Prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Franklin County, Ohio. Each Sweepstakes participant waives its right to a jury trial. These Official Rules, including all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Ohio, without giving effect to any choice of law or conflict of law rules (whether of Ohio or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Ohio.
WINNERS LIST: For the names of the Prize winners, send an email to [email protected] and include in the subject line “Backyard OACEIS Sweepstakes Winners”. All requests must be received by 5/31/22. Winners list will be sent after winners have been verified & Prizes awarded.
AGREEMENT TO OFFICIAL RULES: Participation in this Sweepstakes constitutes Participant's full and unconditional agreement to these Official Rules and Sponsor's decisions, which are final and binding in all matters related to this Sweepstakes. These Official Rules form a binding legal agreement between the Participant and Sponsor with respect to the Sweepstakes. Winning a prize is a contingent upon fulfilling all requirements set forth herein.
SPONSOR: The Scotts Company LLC, 14111 Scottslawn Rd, Marysville, OH 43040.
©2022 The Scotts Company LLC. All rights reserved.