THE FOLLOWING SWEEPSTAKES IS INTENDED FOR VIEWING IN THE 50 UNITED STATES AND D.C. ONLY (EXCLUDING, WITHOUT LIMITATION, PUERTO RICO AND OTHER US TERRITORIES) AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW AND AMERICAN ENGLISH. YOU MUST BE THE AGE OF MAJORITY IN YOUR STATE OF RESIDENCE OR OLDER TO ENTER.

Gardeners’ Choice “$100,000 Giveaway” Sweepstakes — Official Rules

1. No Purchase Necessary. Void where prohibited. A purchase will not increase your chances of winning a prize. The “Sweepstakes-Period” is from midnight, Eastern Time (“ET”) February 1, 2008 ("Sweepstakes-Start") to 11:59 PM ET, June 30, 2008 ("Sweepstakes-End").
2. Eligibility: This Sweepstakes is open only to legal residents residing in the 50 United States and D.C. who are the age of majority in their state of residence or older and who had Internet access prior to the Sweepstakes Start. Void in Puerto Rico and other US territories. Employees, officers, directors, agents, representatives and their immediate families (spouse, parents, children, siblings, and each of their spouses regardless of where they live) or members of household of Gardeners’ Choice, Inc. and THE MARKETING AGENCY, LLC, their respective parent companies, subsidiaries, advertising, design, web design, web hosting and publicity agencies and printers and anyone connected with the production or distribution of this Sweepstakes are not eligible to enter or be awarded a prize.
3. How to Enter: There are three ways to enter. 1) For each order mailed from the Gardeners’ Choice catalog or placed through www.gardenerschoice.com, or placed by phone during the Sweepstakes Period, one entry will be awarded; or 2) You may enter the Sweepstakes by returning the Catalog order form during the Sweepstakes Period without an order; or 3) You may go to www.gardenerschoice.com and follow the directions for entering without ordering. You may not enter by phone if you are not placing an order. Limit one entry per person per day regardless of method of entry. All entries discovered in violation of these Official Rules will be deleted/discarded.
4. Winner Selection: Potential winners will be chosen in random drawings from online entries awarded up to Sweepstakes-End and mailed entries postmarked by the Sweepstakes-End date and received up to seven (7) days later. Drawings will take place up to 30 days after the Sweepstakes-End and winners will be notified up to 10 days later. Prizes will be fulfilled up to 60 days after winner selection. Prizewinners will be notified by phone, email or USPS mail at Sponsor’s sole discretion. Emailed and phone notifications will require an acknowledgement within two (2) business days. If confirmation is not received within the time frame above, a new potential winner will be selected in random drawings shortly thereafter. Limit one (1) prize per person or email address.
5. Quantity, Prize, Approximate Retail Value (ARV) and Odds: (1) Grand Prize: A check for $10,000. ARV: $10,000. (1) First Prize: A check for $1,000. ARV: $1,000. (20) Second Prize: A Ruby and Diamond Vermeil Tennis Bracelet. ARV: $200. (100) Third Prize: 100” Genuine Pearl Necklace. ARV: $50. (7900) Fourth Prize: A Gardeners’ Choice Gift Certificate valued at $10. Gift Certificate must be used before June 30, 2009 or the value will be forfeited forever. ARV: $10. Odds of winning any prize: Dependent on the total number of eligible entries awarded and received, estimate to be about 200,000 entries.
6. General: Sweepstakes administration and winner selection and verification will be conducted by THE MARKETING AGENCY, LLC, an independent judging organization whose decisions are final and legally binding. No participant or winner shall have the right to contest any decision by Sponsor or the independent judging organization concerning any aspect of the Sweepstakes or the interpretation of the Official Rules or the determination as to the qualification of entries. By participating in this Sweepstakes, you agree to be bound by these Official Rules. Sponsor is not responsible for those who do not receive a Gardeners’ Choice Catalog. Sponsor not responsible for lost, late, mutilated, illegible or postage-due mail-in entries. Proof of entry is not proof of entry receipt. Sponsor reserves the right to disqualify any entry from the Sweepstakes if in Sponsor’s sole judgment it suspects that entrant has not complied with these Official Rules. Without limitation, all of an entrant’s entries will be disqualified, at the sole discretion of Sponsor, if Sponsor suspects than an entrant attempts (i) to enter the Sweepstakes through any means other than as described in these Official Rules; (ii) provides information that is inaccurate or fraudulent; or (iii) attempts to disrupt the Sweepstakes or circumvent the terms and conditions of these Official Rules. Sponsor assumes no liability for damage caused to entrant's or any other person's/entity's computer hardware, software or communications network, regardless of cause. Only the prizes and the respective values listed in the Official Rules shall be awarded. Grand and First prizewinners will be required to execute and return an Affidavit of Eligibility, Liability and Publicity Release within three (3) days of date on notification or it will be concluded definitively that the prize has been declined and, without further notice, an alternative winner may be selected in random drawings. If the publicity portion of the affidavit is prohibited in the jurisdiction of the winner, that aspect will be eliminated. By entering this Sweepstakes, a participant explicitly releases and holds harmless, Gardeners' Choice, Inc. and THE MARKETING AGENCY, LLC, their respective affiliates, parent companies, subsidiaries, successors, agents and representatives and their respective, advertising, design, web design, web hosting and production agencies and print production agencies and all their respective shareholders, directors, officers and employees, one and all, from all liability (including attorneys' fees and costs) regarding participation in the Sweepstakes and, without limitation, for any injuries, losses or damages of any kind to persons, including death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of a prize or participation in any Sweepstakes related activity. By accepting a prize, winner waives the right to 1) assert as a cost of winning the prize any and all costs of verification and redemption or travel to redeem said prize, and 2) claim any liability (including attorneys' fees and costs) which might arise from redeeming or seeking to redeem said prize (including any travel related thereto). Prizes are awarded “as is” and Sponsor makes no expressed or implied, warranty, guarantee or representation of any kind, in fact or in law, concerning a prize or regarding the use, value or enjoyment of the prize, including, without limitation, its quality, mechanical condition or fitness for a particular purpose. The right to receive a prize is non-assignable and non-transferable and no prize substitution, transfer, cash equivalent or exchange will be allowed, except that Sponsor reserves the right to substitute a prize with another of comparable or greater value. A prize or prize notification that is returned as undeliverable will disqualify the potential winner and an alternative potential winner shall be selected in random drawings shortly thereafter.
7. All federal, state and local laws and regulations apply. If any provision of this Sweepstakes shall be deemed to violate any federal, state or municipal law, it shall be amended to conform to such law and all other provisions shall remain in full force and effect. Void where prohibited, licensed, restricted or taxed. All taxes are winner’s responsibility and a form 1099 will be issued to the Grand and First Prize winners for the value of their prizes.
8. Except where prohibited, entry into the Sweepstakes or acceptance of the prize constitutes permission to use an entrant’s or winner's name, voice, City, State and likeness and any and all identifying characteristics for promotional, advertising and publicity purposes (including posting to the GardenersChoice.com websites); this permission includes, but is not limited to, the taking of photographs and/or videos by Sponsor's photographer/videographer for publicity purposes, without further consent or compensation and winner agrees to execute any and all documents requested by Sponsor to convey such rights to own all the results thereof. Nothing contained herein shall be deemed to obligate Sponsor to make use of any of the rights granted herein and winner waives any right to inspect or approve any such use of any and every nature and kind.
9. All entries submitted become the property of Sponsor and none will be acknowledged or returned. Sponsor collects personal information from you when you enter the Sweepstakes. The information collected is subject to the Sponsor’s Privacy Policies found at www.gardenerschoice.com/index.asp?PageAction=Custom&ID=14 and the Privacy Policy of The Marketing Agency found at www.themarketingagency.com/html/aboutUs.html and clicking on “Privacy.”
10. Entrant agrees that any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or the prize awarded and all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Connecticut, without giving effect to any choice of law or conflict of law rules (whether of the State of Connecticut or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Connecticut and shall be resolved individually, without resort to any form of class action, and exclusively in a court of competent jurisdiction sitting in Fairfield County, CT. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees and shall never include, and entrant hereby waives all rights to, consequential, incidental or punitive damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above may not apply to you.
11. For a Winners List — available on or about August 30, 2008, send a self addressed, stamped, #10, business envelope to Winner — Gardeners’ Choice “$100,000 Giveaway” Sweepstakes, c/o The Marketing Agency, 233 Needham Street, Suite 300, Newton MA 02464. Requests must be received by August 30, 2008. No mechanically reproduced or photocopied requests allowed; only one (1) request per outer mailing envelope. You cannot enter the Sweepstakes using this address. Entries mailed to this address will be discarded.
12. This Sweepstakes is sponsored by Gardeners’ Choice, Inc., 81961 County Rd. 687 South Hartford, MI 49057-8000 (“Sponsor”). This Sweepstakes is administered by The Marketing Agency, LLC, 233 Needham Street, Suite 300, Newton, MA 02464 (“Administrator”) www.themarketingagency.com.
13. For online Entries only: Sponsor not responsible for those who cannot access the Internet or phone line or cannot click-through for any period of time regardless of technical, hardware, software, telephone, Internet, virus contamination or network problems, or for delay, failure or malfunction for any reason including, but not limited to, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors, human errors, including but not limited to, errors by Sponsor’s representatives who enter incorrect information into any of Sponsor’s computer systems or by Force Majeure. Sponsor reserves the right to cancel/terminate, modify or suspend the Sweepstakes for any reason including if in Sponsor’s sole determination it believes that the integrity of the Sweepstakes has been, or could be, compromised or that the Sweepstakes is not capable of running as planned or fairly, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or Force Majeure or any other causes beyond Sponsor’s control. Winners will be drawn from among all eligible online entries awarded up to the time of the cancellation/termination and mail-in entries postmarked by cancellation/termination day and received up to seven (7) days later. Without limitation, all of an entrant’s entries will be disqualified, at the sole discretion of Sponsor, if Sponsor suspects than an entrant attempts (i) to enter the Sweepstakes through any means other than as described in these Official Rules; (ii) provides information that is inaccurate or fraudulent; or (iii) attempts to disrupt the Sweepstakes or circumvent the terms and conditions of these Official Rules. Sponsor assumes no liability for damage caused to entrant's or any other person's/entity's computer hardware, software or communications network, regardless of cause.

All trademarks are the property of their respective owners. The awardingof various prizes does not imply any participation in, or endorsementof, this Sweepstakes by their manufactures or sales channels.
©2007-2008, The Marketing Agency, LLC.