THE SCOTTS COMPANY LLC. SUBMISSION POLICY
Upload a photo that tells your Scotts story (“Photo”). IF YOU ARE UNDER THE AGE OF 18, YOU ARE NOT ELIGIBLE TO UPLOAD A PHOTO.
Photos must be original, must not have been used for any other purpose, including submission in any sweepstakes or contest, and must not be offensive or inappropriate, misuse any Scotts product, promote activities that appear to be unsafe or dangerous, or include references that are false or misleading, disparaging, slanderous, libelous, or otherwise unlawful, or that violates or infringes another’s rights, including, but not limited to, rights of privacy or publicity or any other intellectual property, Photos must not contain endorsements or sponsorships (whether express or implied) of any non- Scotts product, service or organization.
By participating in this program, you warrant and represent that your submission is original, you have not used the Photo for any commercial purpose or for submission in any contest, that you are the owner of the Photo and that you have the right to grant the rights set forth above without violating the rights of any third party, including but not limited to all trademark, copyright, right of publicity/privacy or other proprietary rights in and to the Photo and its content. You acknowledge that other participants may have created ideas and concepts contained in their submissions that may have familiarities or similarities to your submission, that The Scotts Company LLC and its advertising and promotion agencies may independently create advertising or marketing materials similar to your Photo, and that you will not be entitled to any compensation or right to negotiate with The Scotts Company LLC because of these familiarities or similarities. You hereby grant The Scotts Company LLC and its agents, service providers or others acting with their permission a non-exclusive license to use your content for any and all purposes, including commercial purposes, in any and all media without territorial or time limitation.
Your submission and participation is voluntary. Individuals participating in the creation or submission of a Photo (each a “Participant”) do so at their own election and at their own risk, and by their participation agree (on their own behalf and on behalf of anyone else who might make a claim in their place) to waive, release and discharge The Scotts Company LLC and its agents, employees service providers (the “Releasees”), and agree not to sue the Releasees for any loss, liability, cost, damages (including reasonable attorney’s fees) or other claims that might arise from or in relation to their participation in the program. The Releasees are not responsible for, and specifically disclaim responsibility for, any loss, injury liability, cost, damages or other claims arising from or in relation to your participation herein.
In no event shall The Scotts Company LLC or its agents or authorized representatives be liable to you for any direct, special, consequential, indirect, punitive or incidental damages arising out of or in any way connected with the or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, delays in operation or transmission or any failure of performance. In no event whatsoever shall your total liability to you for any damages whatsoever exceed in the aggregate the sum of one dollar ($1.00).
The Scotts Company LLC reserves the right to, at any time and in its absolute discretion to vary the terms and conditions of the Program (for any part thereof). All decisions made by The Scotts Company LLC are final and binding and no correspondence will be entertained. This Agreement shall be governed by and interpreted according to the laws of the State of Ohio without respect to any conflict of laws provisions. By participating, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in Columbus, Ohio and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise.