CONCO PAINTS ®
"Post a Job – Win a Website" Sweepstakes
OFFICIAL RULES
NO PURCHASE REQUIRED TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. ELIGIBILITY: The Conco Paints® "Post a Job – Win a Website" Sweepstakes (the "Sweepstakes") is open only to residential, home and commercial remodeling contractors who are legal residents of the fifty (50) United States, the District of Columbia, Puerto Rico, and all U.S. territories and are eighteen (18) years or older at the time of entry. Employees and directors of The Sherwin-Williams Company, including Conco Paints®, a business unit of The Sherwin-Williams Company, Zig.marketing LLC and their related companies, as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee and director 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 Conco Paints®, a business unit of The Sherwin-Williams Company, 101 Prospect Avenue, N.W., 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 at 12:00:01 a.m. Eastern Time (ET) on August 30, 2010 and ends at 11:59:59 p.m. ET on December 31, 2010 (the "Entry Period"). Entries received outside of the Entry Period will be disqualified.
5. ENTRY: During the Entry Period, enter by accessing the internet website at www.concopaints.com ("Website"). To enter, you must post a remodeling job or project you have completed with one to 2 pictures and a brief description (not to exceed 600 characters) of the job/project. Complete the online entry form including your name, business name, e-mail address and all other required information, then click "Submit". By entering, you represent and warrant that (a) your entry does not violate any third party's rights, (b) to the extent your entry depicts any property owned by a third party or a person other than yourself, that owner/person has authorized you to submit the entry into this Sweepstakes and that you can make a written copy of such authorization available to Sponsor upon request; and (c) that you have complied with these Official Rules. There is no limit to the number of unique jobs that can be posted; however, duplication is prohibited. Posting one job multiple times will be considered a duplicate entry and will be void. There is no cost to register. Entries that are incomplete or that contain errors, trademarks/logos , copyrighted images, inappropriate/derogatory/defamatory images, language, nudity, or profanity will be disqualified. Sponsor is not responsible for lost, late, misdirected, altered, or destroyed entries.
6. REVIEW AND POSTING: Sponsor will review all entries. If Sponsor determines, in its sole discretion, that an entry complies with these Official Rules, Sponsor will post the entry on the Website and invite Website visitors to rate the entry. These ratings, however, will not determine who wins a prize. The winners will be selected in monthly random drawings, as set forth below. Sponsor will not notify entrants whose entries are not posted on the Website.
7. DRAWINGS; ODDS: Monthly Prize Drawings. On or about the following dates (October 1, November 1, December 1, 2010 and January 1, 2011) a random drawing from among all eligible entries received up until the drawing date for that period will be conducted to determine the prize winners (2 winners drawn each month; 8 winners total). Odds of winning depend on the number of eligible entries received at the time of each drawing. An entrant may only win one (1) prize throughout the Sweepstakes. Non-winning entries will be carried forward for subsequent monthly drawings. Sponsor will attempt to notify the potential winners within ten (10) days of the applicable drawing. If a potential winner cannot be contacted within ten (10) days after the first attempt to make contact, 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.
8. REQUIREMENTS OF THE POTENTIAL WINNERS: Except where prohibited, potential winners once contacted may be required to complete and return an affidavit of eligibility and liability/publicity release (the "Affidavit/Release") within ten (10) days of being notified. If a potential winner fails to sign and return the Affidavit/Release within the required time period, 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. If a potential winner is an eligible minor in his/her state of jurisdiction, his/her parent or legal guardian will be required to sign the Affidavit/Release on the potential winner's behalf.
9. PRIZES: Eight (8) Prize winners will each receive a customized website provided, hosted and maintained by Zig.marketing, LLC to promote their business for one year (12 consecutive months) from start date determined by the launch of customized website. This website will consist of a home page as well as featured projects. The winner may select style and format of the pages from two (2) different background templates. The winner's company name/address/contact information will be added, and five (5) projects chosen by the winner (includes images and brief description) will be featured along with five (5) testimonials or recommendations from customers. Additionally, for the duration of twelve (12) months, winner may add one (1) new project and/or one (1) new testimonial each month for 12 months. (Approximate value of each prize: US $8,000). After design and content managed services have been rendered for one (1) year, the website will remain active and live on the internet. The value of the prize may be treated as income to a winner and the winner will be responsible for payment and reporting of all applicable taxes. Entrants agree that Sponsor is not responsible or liable for the website to be provided and that the provision of the website, the terms and conditions related to the website and the rights of any applicable prize winner and/or any other matter with respect to the website are matters solely between the applicable prize winner and Zig.marketing LLC. Each entrant agrees to release and hold harmless Sponsor, and its officers, directors, employees, and agents from and against any loss, claim, cause of action or liability arising out of or related to the website.
10. PUBLICITY: Except where prohibited, participation in the Sweepstakes constitutes each winner's consent to (a) Sponsor's use of winner's name, business name, likeness, voice, opinions, biographical information and state of residence for promotional purposes in any media without notice, further payment or consideration, and (b) a non-exclusive license to reproduce winner's entry and photographs, or any portions thereof, for promotional purposes in any media without further payment or consideration.
11. PRIVACY; TERMS OF USE: All information submitted to Sponsor as part of this Sweepstakes will be treated in accordance with The Sherwin-Williams Company Privacy Policy and is subject to The Sherwin-Williams Company Terms of Use.
12. GENERAL CONDITIONS: In the event that any fraud, virus, technical error, bug, unauthorized human intervention or other problem impairs the administration, fairness, integrity, or security of the Sweepstakes, Sponsor may, in its sole discretion, suspend the Sweepstakes to address the impairment and either: (a) take reasonable action to resume the Sweepstakes in a manner that most closely adheres 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 to the time of the impairment. 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 or in an unsportsmanlike or disruptive manner. 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. 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 made 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.
13. RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, entrants agree to release and hold harmless Sponsor, Zig.marketing, LLC, their respective officers, directors, employees, and agents (the "Released Parties") from and against any loss, claim, cause of action or liability 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 or human 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, receipt, or use/misuse of any prize.
14. 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 a Sweepstakes, but in no event attorneys' fees or 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.
15. SWEEPSTAKES RESULTS: For winners' names, available after February 15, 2010, send a separate, self-addressed, stamped envelope to Zig.marketing, LLC, Conco Paints® �Post A Job – Win A Website' Sweepstakes c/o Nicole Selzer, 4401 Rockside Road, Suite 214, Independence, Ohio 44131. Requests must be received by March 15, 2011.
