rules
PURDY
2011 SAVE THE WALLS SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE REQUIRED TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. ELIGIBILITY: The Purdy ‘2011 Save The Walls’ Sweepstakes (the “Sweepstakes”) is open only to individuals who are legal residents of the United States and are eighteen (18) years or older at the time of entry. Officers, directors, and employees of the Sponsor (as defined below), Zig.marketing LLC, as well as the immediate family (spouse, parents, siblings, and children, and their respective spouses, regardless of where they live) and household members (whether or not related thereto) of each such person are not eligible. The Sweepstakes is subject to all Federal, state and local laws and regulations and is void where prohibited by law.
2. SPONSOR: The Sweepstakes is sponsored by Purdy, a business unit of The Sherwin-Williams Company, 101 West Prospect Avenue, Cleveland, Ohio 44115 (“Sponsor”).
3. AGREEMENT TO OFFICIAL RULES: Participation in the Sweepstakes constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth in these Official Rules in a timely manner.
4. ENTRY PERIOD: The Sweepstakes begins on May 12, 2011 at 12:00:01 am Eastern Time (“ET”) and ends on November 12, 2011 at 11:59:59 pm ET (the “Entry Period”). Entries received outside of the Entry Period will be disqualified.
5. ENTRY: To enter the Sweepstakes, go to the “Save The Walls” home page at www.youcansavethewalls.com. An individual may enter the Sweepstakes in one of two ways: (1) SHARE YOUR STORY: submit a description explaining your experience with Purdy paint products; or (2) ASK PURDY: submit a question and ask about painting techniques, how-to advice or suggestions. To enter, you must complete the online entry form including all required fields. Written description or question may not exceed 300 words. Limit one (1) entry per category, per person, per email address, for a total of two (2) maximum entries. Daily winners remain eligible to win the Grand Prize. Any additional entries will be void. Entries that are incomplete or that contain errors, trademarks/logos (other than Purdy), or inappropriate/derogatory/defamatory, language, nudity or profanity will be disqualified. Sponsor is not responsible for lost, late, misdirected, altered, or destroyed entries. All entries become the property of Sponsor and will not be acknowledged or returned. Proof of sending will not be deemed proof of receipt by Sponsor. Sponsor will post entries that comply with these Official Rules, in Sponsor’s sole discretion, at www.youcansavethewalls.com within one (1) business day of receipt. Sponsor reserves the right to summarize or edit any written description prior to posting on the site. If at any time an entrant wishes to have their description or entry deleted from the website and no longer entered in the Sweepstakes, the entrant should contact Zig.marketing, LLC at the address in Section 13 of these Official Rules or by using the “Contact Us” link at the bottom of www.youcansavethewalls.com.
6. ODDS OF WINNING: DAILY WINNERS: One (1) winner will be drawn at 12:00:00, noon (EST) daily by the Administrator, at random, from all eligible entries received by either submission method up until the drawing time. Odds of winning depend on the number of eligible entries received throughout the Entry Period, up until the drawing time. Non-winning entries will be carried forward for subsequent daily drawings. Sponsor will attempt to notify the potential winners by e-mail within 24 hours after the applicable drawing. Potential winners must provide street address within five (5) days of being contacted by Sponsor in order for Sponsor to send prize. If a potential winner cannot be contacted within five (5) days after the first attempt to make contact, or potential winner does not provide street address within five (5) days of being notified, potential winner will be deemed to be ineligible and disqualified. In such event, Sponsor may select an alternate potential winner at random from all eligible entries received. GRAND PRIZE WINNERS: On or about November 13, 2011, the Sponsor will conduct a random drawing from among all eligible entries received by 11:59:59 pm ET during the Entry Period to select one (1) entry as the Grand Prize winner. Odds of winning the Grand Prize depend on the number of eligible entries received throughout the Entry Period by both submission methods. Any daily prize winner will remain eligible to win the Grand Prize. Sponsor will attempt to notify the potential Grand Prize winner by e-mail within 24 hours after the Grand Prize drawing. If the potential Grand Prize winner cannot be contacted within ten (10) days after the first attempt to make contact, such potential Grand Prize winner will be deemed to be ineligible and disqualified. In such event, Sponsor may select an alternate potential Grand Prize winner at random from all eligible entries received during the Entry Period by both submission methods.
7. REQUIREMENTS OF THE POTENTIAL WINNERS: Except where prohibited, the potential winners once contacted may be required to complete and return an affidavit of eligibility and liability/publicity release (the “Affidavit/Release”), within five (5) days of being notified. If a potential winner fails to sign and return the Affidavit/Release within the required time period, such potential winner will be deemed to be ineligible and disqualified. In such event, Sponsor may select an alternate potential winner.
8. PRIZES: DAILY PRIZES (185): Each daily prize winner will receive a $25 gift certificate to be redeemed at one (1) of these home improvement retail locations: Home Depot, Lowe’s, Sherwin-Williams, Menard’s or Ace Hardware Stores. Sponsor reserves the right to award a gift card to any one of these retailers in Sponsor’s sole discretion. Additionally, the winner’s first name, last initial and city/state will be posted on the website www.youcansavethewalls.com. Retail value of each gift card: $25.00 USD. The total number of gift cards to be awarded in the Sweepstakes is one-hundred-eighty-five (185) and total retail value of all gift cards awarded is: $4,625.00 USD. An entrant may only win one (1) daily prize throughout the entire Sweepstakes.
Any applicable Federal, state or local taxes are solely the responsibility of each winner. No prize substitutions, cash substitutions, or transfers permitted, except in Sponsor’s sole discretion; prizes may not be assigned prior to being awarded to winners. Sponsor reserves the right to substitute a prize with another prize of equal or greater value if advertised prize is not available. If a potential winner is an eligible minor in his/her state of jurisdiction, any prize will be awarded to his/her parent or legal guardian. An entrant may only win one (1) prize throughout the Sweepstakes.
ONE (1) GRAND PRIZE WINNER: On or about November 13, the Grand Prize winner will be drawn, at random, from all eligible entries received during the Entry Period. The Grand Prize winner will receive a trip to Los Angeles, California, to have a dining experience with TV Design Star Lisa LaPorta. Winner will receive round-trip coach airfare, on a carrier of Sponsor’s choice, from the major commercial airport nearest the winner’s residence as well as ground transportation to/from the airport to the hotel in Los Angeles. Winner will be awarded a pre-loaded $250.00 USD American Express Gift Card to be used for additional transportation fees for the duration of the trip. Hotel accommodations for 3-days/2-nights will be provided by Omni, Marriot or other comparable hotel as determined in Sponsor’s sole discretion. Dinner party with Lisa includes meal with Lisa, her spouse and/or agent at a mutually agreed upon restaurant. Dinner shall occur on or before March 31, 2012.
The approximate retail value (ARV) of the Grand Prize trip is $3,250.00 USD. Actual value may vary based on point of origination, airfare fluctuations and final trip details. Other meals, gratuities, and all other expenses not specified herein are the Grand Prize winner’s responsibility. Winner must be at least 18 years of age and must depart from and return to the same airport. Winner may select desired travel dates; however, travel dates must have a 2-3 day allowance for flexibility, based on holiday rates, hotel capacity, flight availability or other unforeseen circumstances or events. Sponsor and/or its agents are not responsible for any/all flight cancellations and/or travel delays. Winner is responsible for securing all necessary travel prerequisites, including identification. Winner may be required to provide a credit card at the time of hotel check-in to cover, among other things, incidentals and other expenses incurred that are not included as part of the prize. Once travel is booked, winner is responsible for any changes to the itinerary that may result in additional charges.
Any applicable Federal, state or local taxes are solely the responsibility of each winner. No prize substitutions, cash substitutions, or transfers permitted, except in Sponsor’s sole discretion; prizes may not be assigned prior to being awarded to winners. Sponsor reserves the right to substitute a prize with another prize of equal or greater value if advertised prize is not available. If a potential winner is an eligible minor in his/her state of jurisdiction, any prize will be awarded to his/her parent or legal guardian. The total approximate retail value of all Prizes awarded in this Sweepstakes is $7,875.00 USD.
9. PUBLICITY/LICENSE/INFORMATION: Except where prohibited, participation in the Sweepstakes constitutes each winner’s consent to (1) Sponsor’s use of winner’s name, likeness, voice, opinions, biographical information and state of residence; and (2) a non-exclusive license to reproduce winner’s entry, or any portions thereof, for promotional purposes in any media without further payment or consideration. In addition, all information submitted to Sponsor as part of this Sweepstakes will be treated in accordance with The Sherwin-Williams Company Privacy Policy (http://www.sherwin-williams.com/privacy/) and is subject to The Sherwin-Williams Company Terms of Use (http://www.sherwin-williams.com/terms/).
10. GENERAL CONDITIONS: Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes, or to be acting in violation of these Official Rules. Any attempt by any person to undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. In the event that the operation, security, or administration of the Sweepstakes is impaired in any way for any reason, Sponsor may, in its sole discretion, either (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules, or (b) cancel the Sweepstakes and award any remaining prizes at random from among the eligible entries received up until the time of impairment. Sponsor’s failure to enforce any provision of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to the identity of any winner based on an e-mail address, the winning entry will be declared by the authorized account holder of the e-mail address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
11. RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, entrants agree to release and hold harmless Sponsor and their respective officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) errors in the administration of the Sweepstakes or the processing of entries; (e) any incorrect or inaccurate entry information; (f) inability to access the Sponsor’s website; (g) transactions that are processed late or incorrectly or are incomplete or lost due to computer or electronic malfunction or traffic congestion on the Internet or at any website; or (h) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt of any prize. Entrant further agrees that in any cause of action, Sponsor’s liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall Sponsor be liable for attorney's fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
12. DISPUTES: Except where prohibited, entrant agrees that: (a) any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of Ohio; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys’ fees or other expenses; and (c) entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the 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 the State of Ohio or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Ohio.
13. SWEEPSTAKES RESULTS: For winners’ names, available after December 12, 2011, send a separate, self-addressed, stamped envelope to Zig.marketing, LLC, Purdy ‘2011 Save The Walls’ Sweepstakes c/o Nicole Selzer, 4401 Rockside Road Suite 214, Independence, Ohio 44131. Requests must be received by January 12, 2012. Winners will also be posted on www.youcansavethewalls.com.
