1. NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. INTERNET ACCESS IS REQUIRED TO ENTER. Open only to legal residents of the fifty (50) U.S. and D.C. (excluding residents of AK and HI) who have reached the age of majority in their state of residence at the time of entry. Void in AK and HI and where prohibited. Persons in any of the following categories are not eligible to participate or win a prize: (a) persons who, since February 1, 2008, were or are employees or agents of The Scotts Company or The Integer Group®, LLC; independent contractors of either of the above organizations who are engaged in the development, production, or distribution of materials for this sweepstakes; 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, production, or distribution of materials or the implementation of this sweepstakes; 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. Sweepstakes starts at or around 12:00:01 a.m. Eastern time (ET), on April 1, 2008, and ends at 11:59:59 p.m., ET, on May 31, 2008 ("Promotion Period").
2. HOW TO ENTER. To enter, access www.Orthokillsweeds.com ("Website") during the Promotion Period and follow the entry instructions. Complete the information requested in the information fields (your full name, complete address [no P.O. Boxes], birth date, daytime phone number [including area code], and e-mail address). When your registration is complete, click Submit (once submitted, entry cannot be deleted, canceled, or modified). Limit of one entry per person. You may enter the sweepstakes under one name and one e-mail address only. Enter using only an e-mail address subscribed to and registered in your name. All entries must be received by 11:59:59 p.m., ET, on May 31, 2008. Entries become the property of sponsor and will not be acknowledged or returned. In the event of a dispute about entries submitted by multiple individuals using the same e-mail account, entry will be deemed to have been submitted by the authorized subscriber of the e-mail account used to enter the sweepstakes at the actual time of entry. The authorized e-mail-account subscriber is deemed to be the natural person who is assigned an e-mail address by an Internet-access provider, an online service provider, or another organization that is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. Entries generated by script, macro, robotic, programmed, or any other automated means are prohibited and will be disqualified. Entrants assume all risk of lost, late, misdirected, incomplete, or illegible entries.
3. PRIZES AND ODDS OF WINNING. Prizes will be awarded by random drawing, from all eligible entries received, on or about June 16, 2008. Grand Prize (2): A trip for winner and one (1) guest to a race in Charlotte, North Carolina, in October 2008. Trip consists of: round-trip, coach air transportation for two people from a major U.S. commercial airport near winner's home to a major airport near the race location in North Carolina (exact location and dates to be determined by Sponsor); three nights' lodging (standard accommodations, double occupancy); two (2) VIP suite passes; and $1,000 (issued in the form of a check). Race date, travel dates, seats, and location to be chosen by Sponsor at its sole discretion. Travel and accommodations subject to availability: certain restrictions and blackout dates may apply. Approximate Retail Value (ARV): $4,100. ARV of prize package may vary, depending on the point of departure. First Prize (2): An autographed race car tire. ARV $400. Second Prize (25): An autographed 2007 limited-edition Carl Edwards championship hat. ARV $25. Third Prize (25): An autographed Carl Edwards signature card. ARV $5. ARV of all prizes: $9,750. Important Notice: Winner and guest must travel on the same itinerary. Grand Prize trip must be taken on the dates specified by the Sponsor. If winner and winner's guest cannot travel on the dates specified by the Sponsor, that prize will be forfeited in its entirety. All travel arrangements must be made through a travel agent selected by Sponsor. If Grand Prize winner lives within a 200-mile radius of the hotel designated by the Sponsor he/she will not receive the air-transportation portion of the prize. Grand Prize winner will be responsible for all gratuities, meals, ground transportation, and any other incidental costs or expenses not identified in these rules. If the event is delayed, postponed, or canceled for any reason, winner will not be reimbursed for tickets. Winner agrees that race VIP tickets are awarded pursuant to a revocable, nontransferable license personal to that applicable winner. Winner agrees that he/she shall not sell, resell, auction, barter, assign, exchange, place in commerce, transfer, give away, donate, or otherwise convey any race ticket received as a prize. A violation of these restrictions shall revoke that winner's license, and the race tickets will not be honored. Tickets are subject to standard rain-check policies and procedures. The odds of winning a prize depend on the number of eligible entries received. All prizes will be awarded assuming receipt of sufficient eligible entries. The awarding of all prizes will be conducted under the supervision of The Integer Group, an independent judging organization, whose decisions are final and binding in all matters pertaining to this sweepstakes. Entrants agree to be bound by these Compete Official Rules and the decisions of the Sponsor and the judging organization.
4. GENERAL CONDITIONS. Potential Grand Prize winner will be notified by phone or mail (at Sponsor's sole discretion) and will be required to sign, have notarized, and return an Affidavit of Eligibility and Release of Publicity and Liability within seven days of notification. Potential Grand Prize winner's travel companion will be required to sign, have notarized, and return an Affidavit and Release of Publicity and Liability by a date specified by Sponsor. First, Second, and Third Prize winners will each receive their respective prizes in the mail with a congratulatory letter four (4) to six (6) weeks after the drawing. In the event of noncompliance, if a winner cannot be reached at the phone number or mailing address on that winner's entry, or if a prize or prize notification is returned as unclaimed or undeliverable for whatever reason beyond the control of Sponsor, that prize will be forfeited and an alternate winner will be selected. No substitution or transfer of any prizes, in whole or in part, will be offered. Prize has no cash value. If a prize is unavailable, Sponsor reserves the sole right to substitute a prize of equal or greater value. Limit of one prize per person. All taxes, fees, and surcharges on a prize are the sole responsibility of that prizewinner. By participating and accepting a prize, where permitted by law, that winner grants to Sponsor (and agrees to confirm that grant in writing) and those acting pursuant to the authority of Sponsor, 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), that winner's name, portrait, picture, voice, likeness, and biographical information as news or information and for advertising and promotional purposes without additional compensation or review.
5. RELEASE OF LIABILITY. All entrants agree to hold harmless and release The Scotts Company and The Integer Group, LLC; their respective parent companies, distributors, affiliates, and subsidiaries; the service agencies and independent contractors of any of the above organizations; and their respective officers, directors, employees, agents (including advertising and promotion agencies) and all others associated with the development of this Web site and execution of this sweepstakes from any and all alleged and actual claims, actions, and liabilities with respect to or in any way arising now or at any time in the future from this sweepstakes; participation in any sweepstakes-related activity; and/or delivery/misdelivery, acceptance, possession, use, or misuse of a prize, including, but not limited to, liability for personal injury (bodily injury, including wrongful death or disability), damage to property, and damage or loss of any other kind. Sponsor is not responsible for prize quality or utility. Sponsor is not responsible for any incorrect or inaccurate information, whether caused by Web-site users, by any of the equipment or programming associated with or used in the sweepstakes, or by any technical or human error that may occur in the processing of submissions in the sweepstakes. Sponsor assumes no responsibility for any error; omission; interruption; deletion; defect; delay in operation or transmission; communications-line failure; or theft, destruction, unauthorized access to, or alteration of entries. Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines; computer online systems, servers, or providers; computer equipment; computer 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 sweepstakes 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 sweepstakes 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. If, for any reason, the sweepstakes is not capable of running as planned due to, but without limitation, tampering; unauthorized intervention; fraud; human errors; technical or other failures; or any other causes beyond the control of Sponsor that, in the sole opinion of Sponsor, could corrupt or affect the administration, security, fairness, integrity, or proper conduct of this sweepstakes, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify, or suspend the Sweepstakes and to draw winners from all eligible entries received as of the date of termination. Sponsor shall not be liable to winners or any other person for failure to execute the sweepstakes or supply a prize or any part thereof, by reason of any act of God; any action(s), regulation(s) order(s), or request(s) by any governmental or quasigovernmental entity (whether or not the action[s], regulation[s], order[s], or request[s] prove[s] to be invalid); equipment failure; terrorist acts; earthquake; war; fire; flood; explosion; unusually severe weather; hurricane; embargo; labor dispute or strike (whether legal or illegal); labor or material shortage; transportation interruption of any kind; work slow-down; civil disturbance; insurrection; riot; or any similar or dissimilar event beyond its reasonable control.
6. DISPUTES: THIS SWEEPSTAKES 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 sweepstakes, 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 sweepstakes 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 entering this sweepstakes), and participant further waives all rights to have damages multiplied or increased.
7. WINNERS LIST. For the names of the prizewinners, send a self-addressed, stamped envelope to Ortho Weed-Free Fast Sweepstakes Winners List, P.O. Box 1750, Golden, CO, 80402-1750 by May 31, 2008.
8. SWEEPSTAKES SPONSOR. The Scotts Company LLC, 14111 Scottslawn Rd., Marysville, OH 43041.
