BEHR PROCESS CORPORATION
“Color A Memory: Celebrating Moms” SWEEPSTAKES
NO PURCHASE NECESSARY. PURCHASE WILL NOT INCREASE ODDS OF WINNING. VOID WHERE PROHIBITED.
PROMOTION TIMING. The Color A Memory Sweepstakes:
Celebrating Moms (the “Promotion”) begins at 12:01 P.M.
Pacific Time (“PT”) on April 18, 2016 and ends 11:59 P.M. PT on May 8, 2016
(the “Promotion Period”).
ELIGIBILITY. The Promotion is open only to individuals who
at the time of entry (a) are legal residents of and domiciled in the fifty (50)
United States or the District of Columbia, and (b) are at least 18 years of age.
The following individuals are not eligible to participate: (i) employees of Behr
Process Corporation (“Sponsor”) or Masco Corporation, any of
their subsidiaries or affiliate companies, or their advertising, marketing or
promotional agencies; (ii) family members (spouse, parents, siblings, children
and in-laws) of any individual referred to in clause (i); and (iii) persons living
in the same household (whether or not related) with any person referred to in
clause (i) or (ii) above. This Promotion is subject to all federal, state, and
local laws and regulations and is void (a) outside the 50 United States and the
District of Columbia, and (b) where prohibited by law.
HOW TO ENTER.
and follow all onscreen instructions to submit the promotion entry form (an
“Entry”) by uploading a photo, picking a color, naming it and
filling out required fields on the submission form. Entrants must include a valid
email address. All required information must be included for the entry to be
eligible. Entrants will be required to confirm they have agreed to the Official
Rules as a condition of entering the Promotion.
If you do not wish to enter the Promotion by submitting an online entry as
described above, you may enter the Promotion by providing your contact information
All entries become the property of Sponsor and will not be acknowledged or
returned. Limit one Entry per email per person during the Promotion
Period, regardless of the means of entry. Entries will not be acknowledged
or returned. Proof of sending or submitting an Entry will not be deemed proof of
receipt by Sponsor.
AGREEMENT TO OFFICIAL RULES. Your participation in this Promotion
constitutes your full and unconditional agreement to and acceptance of these Official
Rules and the decisions of the Sponsor, which are final and binding. Winning a prize
is contingent upon fulfilling all requirements set forth herein.
SELECTION OF POTENTIAL FIRST PRIZE WINNERS. On or around May 13, 2016,
ten (10) potential first prize winners (each a potential “First Prize Winner”) will
be selected in a random drawing among all eligible Entries received. Odds of winning
depend on the total number of eligible Entries received. A purchase will not increase
the chances of winning.
SELECTION OF POTENTIAL GRAND PRIZE WINNER. On or around May 13, 2016,
one (1) potential grand prize winner (potential “Grand Prize Winner”) will be selected
in a random drawing from among all eligible Entries received. There will be one (1)
Grand Prize Winner. Odds of winning depend on the total number of eligible Entries
received. A purchase will not increase the chances of winning.
NOTIFICATION AND REQUIREMENTS OF POTENTIAL WINNERS AND GRAND PRIZE WINNERS.
Each potential Prize Winner and Grand Prize Winner will be initially contacted
via email, will be required to provide a mailing address, and may also be required
to sign and return an Affidavit of Eligibility, Liability and Publicity Release
(except where prohibited by law) and/or an IRS W-9 Form within seven (7) calendar
days of notification by Sponsor. Prizes won by persons who are eligible entrants
but considered minors in their state of residence may be awarded to a parent or
legal guardian, who must execute and return all required documentation outlined
herein and otherwise comply with all requirements imposed on a winner. The prize
may be forfeited and may be awarded to another entrant who is randomly selected
if (i) any prize notification or any prize is returned as undeliverable, (ii) Sponsor
is unable to contact a potential winner within five (5) days of the first attempt
to contact him or her, (iii) a potential winner fails to provide his or her contact
information within seven (7) calendar days after notification by Sponsor or fails
to return an Affidavit of Eligibility, Liability Release and Publicity Release
and/or an IRS W-9 Form within the time specified above, (iv) a potential winner
is determined by Sponsor, in its sole discretion, to be ineligible, (v) a potential
winner declines the prize, or (vi) a potential winner is otherwise not in compliance
with these Official Rules. Sponsor is not responsible for any delay in awarding
Winner’s entry and acceptance of the prize constitutes permission (except where
prohibited) for Sponsor and its designees to use, at Sponsor’s sole discretion,
the winner’s name, photograph, likeness, statements, biographical information, voice
and address (city and state), for advertising, promotions and other purposes in
all forms of media, worldwide in perpetuity, without additional notice, permission
or further compensation.
PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”). Each of ten (10) First Prize Winners
will receive: one (1) $100 Gift Card to The Home Depot®. One (1) Grand Prize Winner
will receive: one (1) $2,500 cash prize. The aggregate ARV for all prizes in the
Promotion is $3,500.
Each prize is nontransferable and non-refundable and must be accepted as awarded.
All applicable taxes (including federal, state, and local income taxes for U.S.
winners), duties, and the like, if any, are the sole responsibility of the prize
winner. No cash substitution, assignment, redemption for cash, or transfer of prize
by winner is permitted; however, Sponsor reserves the right, in its sole and absolute
discretion, to substitute any prize described herein, or any portion thereof, with
an alternative of equal or greater value. Winner shall not be entitled to the difference
between the stated ARV and the actual price of the prize selected.
GENERAL CONDITIONS. In the event of a dispute as to the identity
of an online entrant, the authorized account holder of the email address used to
enter, will be deemed to be the entrant, but only if such person meets all other
eligibility criteria. “Authorized account holder” of an email address is defined
as the natural person who is assigned to an email address by an internet access
service provider, on-line service provider, or other organization (e.g., business,
educational institution, etc.) that is responsible for assigning email addresses
for the domain associated with the submitted email address.
Sponsor reserves the right at its sole discretion to disqualify any individual who
tampers or attempts to tamper with the entry process or the operation of this Promotion;
violates the Official Rules; acts in an unsportsmanlike or disruptive manner; or
acts with intent to annoy, abuse, threaten or harass any other person; or who Sponsor
suspects has engaged in any of the foregoing. Sponsor reserves the right to cancel,
terminate or modify this Promotion if it cannot be completed as planned for any
reason, including without limitation for infection by computer virus, bugs, tampering,
unauthorized intervention, technical failures, corruption of any sort or any other
matter beyond Sponsor’s control. In such event, Sponsor will award the prizes from
among all eligible entries received prior to cancellation.
RELEASE & LIMITATION OF LIABILITY. As a condition of entering
this Promotion, each entrant agrees, and as a condition of being awarded a prize,
each winner agrees, to the maximum extent permitted by law, to release, indemnify
and hold harmless Sponsor and Masco Corporation, their respective subsidiaries or
affiliate companies, their advertising, marketing or promotional agencies and each
such company’s respective officers, employees, directors, representatives and agents
and all others associated with the development and execution of this Promotion
(individually and collectively, the “Released Parties”), from
and against any and all liabilities, claims, actions, lawsuits, judgments, costs
and expenses, damages of any kind whatsoever, injuries, or losses to persons or
property arising from or relating to, in whole or in part, this Promotion, submitting
an entry or otherwise participating in any aspect of this Promotion, the receipt,
ownership, possession, use or misuse of any prize awarded, or any actual or alleged
breach by entrant of these Official Rules.
LIMITATION OF LIABILITY. Entrants acknowledge that the Released
Parties have not made and are not in any manner responsible or liable for any warranty,
representation or guarantee, express or implied, in fact or in law, relative to
the prize, including, but not limited to, its quality or fitness for a particular
purpose. The Released Parties are not responsible for: (a) lost, interrupted, inaccessible
or unavailable networks, servers, satellites, Internet Service Providers, websites,
or other connection, availability or accessibility problems arising in connection
with or over the course of this Promotion; (b) failed, jumbled, scrambled, delayed,
or misdirected computer, telephone or cable transmissions or hardware, software
or technical malfunctions, failures or difficulties; (c) errors of any kind relating
to or in connection with this Promotion, whether human, mechanical, clerical, electronic,
or technical in nature, including, but not limited to, errors which may occur in
connection with the administration of this Promotion, the processing of entries,
the announcement or notification of any winner or prize or the cancellation of this
Promotion; (d) damage to a user's system occasioned by participation in this Promotion
or downloading any information necessary to participate in this Promotion; (e) incomplete,
illegible, misdirected, damaged or lost entries; or (f) failed, incorrect, inaccurate,
incomplete, garbled or delayed electronic communications, whether caused by the
sender, by any of the equipment or programming associated with or utilized in this
Promotion. If the Promotion website goes down for any reason or if Sponsor is unable
to accept entries, Released Parties are not responsible, but Sponsor will make a
good faith effort to remedy the problem as quickly as possible or Sponsor may terminate
this Promotion. By entering this Promotion, you waive (to the maximum extent permitted
by law) the right to claim any punitive, consequential, incidental, special, exemplary,
or indirect damages of any kind and any and all rights to have damages multiplied
or otherwise increased.
DISPUTE RESOLUTION. If there is any conflict between any promotional
material and these Official Rules, the provisions of these Official rules shall
prevail. The resolution of any dispute shall be within Sponsor’s sole discretion.
As a condition of entering this Promotion, except as prohibited by law, you agree
that: (a) all causes of action arising out of or connected with this Promotion,
or any prize awarded, shall be resolved individually, without resort to any form
of class action; and (b) any and all claims, judgments, and awards shall be limited
to actual out-of-pocket costs incurred, but in no event attorneys’ fees or court
costs. 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 this Promotion, shall be governed
by, and construed in accordance with, the laws of the State of New York, without
giving effect to any choice of law or conflict of law rules (whether of the State
of New York or any other jurisdiction), which would cause the application of the
laws of any jurisdiction other than the State of New York.