Sherwin-Williams “#EstoPintaBien” Giveaway
Official Sweepstakes Rules
NO PURCHASE OR USE OF MOBILE PHONE NECESSARY TO ENTER OR WIN. A PURCHASE, PAYMENT OR USE OF MOBILE PHONE WILL NOT INCREASE YOUR CHANCE OF WINNING. By entering this Sweepstakes (defined below) you agree to the receipt of future marketing materials from the Sponsor (defined below) by mail or email. You may opt out of such future marketing materials at any time after the Sweepstakes has ended, by following the “Opt Out” instructions provided in the marketing materials themselves.
DATES OF SWEEPSTAKES/ENTRY PERIODS: Sherwin-Williams “#EstoPintaBien” Giveaway (the “Sweepstakes”) begins at 1:00 p.m. Eastern Time (“ET”) on March 31, 2014, and ends at 5:59 p.m. ET on April 4, 2014 (the “Sweepstakes Period”). The Sweepstakes Period consists of five (5) entry periods (each, an “Entry Period”), each associated with a random drawing as follows:
Entry Period Drawing Date / Time
1) 1:00 p.m. ET through 5:45 p.m. ET on 3/31/14 6:00 p.m. ET on 3/31/14
2) 5:46 p.m. ET on 3/31/14 through 5:59 p.m. ET on 4/1/14 6:00 p.m. ET on 4/1/14
3) 6:00 p.m. ET on 4/1/14 through 5:59 p.m. ET on 4/2/14 6:00 p.m. ET on 4/2/14
4) 6:00 p.m. ET on 4/2/14 through 5:59 p.m. ET on 4/3/14 6:00 p.m. ET on 4/3/14
5) 6:00 p.m. ET on 4/3/14 through 5:59 p.m. ET on 4/4/14 6:00 p.m. ET on 4/4/14
There is no limit to the number of entries a person can submit per Entry Period; however, entries must be unique as further described in the “TO ENTER” section below. Non-winning eligible entries from previous Entry Periods will not carry over and will not be considered eligible for subsequent drawings. In order to be eligible for each of the drawings, Entrants must enter each Entry Period separately.
ELIGIBILITY: The Sweepstakes is open only to legal residents of the fifty (50) United States, the District of Columbia, or Puerto Rico who are at least eighteen (18) years of age or older at the time of entry (each, an “Entrant”). Officers, directors, managers and employees of The Sherwin-Williams Company, (the “Sponsor”), and each of its respective parents, subsidiaries, affiliates and related companies, dealers, advertising and Sweepstakes agencies, consultants and agents, as well as the immediate family (spouse, parents, siblings and children) and household members of each such person, and any others engaged in the development, production, execution or distribution of this Sweepstakes, including National Sweepstakes Company, LLC (the “Independent Administrator”) are not eligible to participate. The Sweepstakes is subject to all federal, state and local laws and regulations and is void where restricted or prohibited by law. Participation in the Sweepstakes constitutes Entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to this Sweepstakes.
TO ENTER: There are two ways to enter the Sweepstakes,
a) Mobile Phone: Download the free ColorSnap Application (the “App”) to your mobile phone or tablet. Then, following the instructions provided within the App, take a photograph and create your own palette. After following @SWPintura on Twitter® (if not already a follower), share the palette on Twitter® using the hashtag #EstoPintaBien and @SWpintura in the tweet to receive one (1) entry into the drawing associated with the Entry Period for which the palette was shared. There is no limit to the number of entries a person can submit per Entry Period; however, each new entry must include a new palette. Multiple entries submitted using the same palette will not be considered eligible and will be deemed void. You must include the hashtag “#EstoPintaBien” in your entry to be considered eligible for this Sweepstakes. The content of the palette submitted by an Entrant has no bearing on the selection of the Prize Winners (defined in the “WINNING/NOTIFICATION” section below). All Prize Winners will be selected at random. Data rates may apply to all mobile entries. Check with your wireless carrier for details.
b) Without using a mobile phone: To receive an entry into the Sweepstakes without using a mobile phone, visit www.swlatino.com/hsptwtrsweeps and complete the official entry form (the “Entry Form”) in its entirety including your first name, last name, address, city, state, zip code, telephone number, date of birth, email address, and complete the statement “Esto pinta bien because…” answer has to be less than 120 characters but more than 60 characters. Then press the “Submit” button in order to receive one (1) Entry into the drawing associated with the Entry Period in which you clicked the “Submit” button. There is no limit to the number of entries a person can submit without using a mobile phone per Entry Period; however, each new entry must include a different answer to the “Esto pinta bien because….” field. Multiple entries submitted using the same answer will not be considered eligible and will be deemed void.
CONTENT REQUIREMENTS: A palette and any text containing: (a) obscene, lewd, crude, vulgar, profane, defamatory or inappropriate images or text, including nudity, acts of violence, or acts that appear to cause harm; (b) other offensive content and/or any content expressing explicit, graphic or indecent content that is or could be considered inappropriate, unsuitable, or offensive, as determined by Sponsor in its sole discretion; (c) third-party trademarks or logos; (d) any materials that violate or infringe (or may infringe) any third party rights, including copyrights, trademark rights, or rights of privacy or publicity; or (e) have been previously published, manufactured or produced, or have won an award in any competition or contest, shall be disqualified from the Sweepstakes. All palettes and any text are subject to verification by the Sponsor.
SPONSOR’S RIGHT TO ENTRIES/ENTRANT’S WARRANTIES & REPRESENTATIONS: Late entries or entries sent via any other method than those stated above will not be accepted. By submitting a palette, Entrants grant Sponsor a non-exclusive, transferable, royalty free, worldwide license to use the palette and any corresponding text. Entrants agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Sponsor on the grounds that any use of the entry, or any derivative works, infringes any of Entrant’s rights as creator, including, without limitation, copyrights, trademark rights, and moral rights. Sponsor has no obligation to acknowledge receipt of or to acknowledge any palette shared. Entrants warrant and represent that their palette and any corresponding text is solely their original work, has not been copied (in whole or in part) from any other source, and does not violate any third party legal rights, including without limitation, rights of trademark, copyright, privacy or publicity. Sponsor reserves the right, at its sole discretion, to disqualify any Entrant if Sponsor suspects that Entrant’s palette and any corresponding text violates the legal rights of any third party. No mechanically or programmatically reproduced entries are permitted. The use of any device to automate the entry process is absolutely prohibited, and any such entries shall be void. Sponsor is not responsible for late, incomplete, or delayed entries and all such entries are void. Sponsor has no obligation to acknowledge receipt of any entry received. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Twitter®. Entrants understand that the information being provided at point of entry is being provided to the Sponsor solely, and not to Twitter®.
DRAWING: At the end of each Entry Period, AC&M Group will select one (1) winner (each a “Prize Winner”) in a random drawing of all eligible entries received during that Entry Period. A total of five (5) Prize Winners will be selected in this Sweepstakes. The odds of being selected depend upon the total number of eligible entries received during the respective Entry Period. The random drawings will be conducted under the supervision of the Sponsor whose decisions are based upon its sole discretion and interpretation of these Official Rules and are final and binding in all respects.
NOTIFICATION: Sponsor will send each potential Prize Winner a direct message from @SWPintura or will send an email to the potential Prize Winner’s Twitter account used to enter the Sweepstakes or the email provided on the Entry Form without mobile form method of entry with instructions on how to claim the Prize (defined below). In order to receive a direct message from Sponsor, Entrants must (a) be following @SWpintura and (b) have their account settings set to “unprotected” and/or “public.” Upon receipt of the notification, each potential Prize Winner will have twenty-four (24) hours to submit to Sponsor his/her first name, last name, mailing address, telephone number (including area code), confirmation of his/her age, and email address for purposes of verification and shipping of the Prize (defined in the “PRIZES” section below). If a potential Prize Winner cannot be reached or does not respond and comply with the instructions in the direct message within twenty-four (24) hours of notification, or is found to be ineligible in accordance with these Official Rules, he/she will be disqualified without compensation of any kind, and, an alternate potential Prize Winner may be selected at random from among all remaining eligible entries received during the respective Entry Period. Only three (3) alternate potential Prize Winners may be contacted. All Prizes may not be awarded. The Prizes will be delivered to the Prize Winners within eight (8) to ten (10) weeks from the date of selection. If a Prize is returned as “Undeliverable,” the original Prize Winner will be disqualified without compensation of any kind, and an alternate Prize Winner will be selected at random from among the remaining non-winning eligible entries received during the respective Entry Period.
PRIZES: Each of the five (5) Prize Winners will receive one (1) Apple® 16GB iPad mini with an approximate retail value (“ARV”) of $299. The total ARV of all Prizes to be awarded is $1,495. No Prize substitution or cash alternative. Sponsor will not replace a lost, mutilated or stolen Prize. Sponsor reserves the right to substitute a Prize with a prize of comparable or greater value if the Prize should become unavailable for any reason. Prizes are not transferable prior to award. Each Prize consists only of the items specifically listed as part of the Prize description. Prize Winners agree that the Prizes are being provided “as is,” and the Released Parties (as defined in the “RELEASE” section below) make no warranty, representation or guarantee regarding the Prize, including but not limited to its quality, condition, merchantability or fitness for a particular purpose. Prize Winners must look solely to the manufacturer of the Prize for any such warranties or guarantees, if any. Name of prize manufacturer is used solely for the purposes of identification of the Prizes. No endorsement, authorization, sponsorship, or approval of prize manufacturers is intended or implied by such use. Each Prize Winner consents (and agrees to sign any additional documents required by Sponsor to formalize, effect or perfect such consent, except where prohibited by law) to Sponsor’s use of his/her name (and/or Twitter® username), likeness (photograph and/or video), biographical information, and voice in advertising/publicity/trade without compensation, notice or approval; and, each Prize Winner disclaims any ownership rights of such advertising/publicity/trade material (TN residents will not be required to sign a publicity release).
GENERAL CONDITIONS: Should any portion of the Sweepstakes be compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole discretion of Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right, at its sole discretion, to either: (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner which is fair, appropriate and consistent with these Official Rules; or (b) award the Prize(s) at random from among the eligible entries received up to the time of impairment. Notice of such action by Sponsor will be posted on the Sponsor’s Twitter® page. 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. Sponsor reserves the right to disqualify or reject any incomplete, inaccurate or false entry. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY 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 TERM OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF THESE PROVISIONS. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose name the Twitter® account is registered (the “Authorized Account Holder”). The “Authorized Account Holder” is the natural person who is assigned to the Twitter® account. Potential Prize Winners (defined below) may be required to show proof of being the Authorized Account Holder.
RELEASE: By participating in this Sweepstakes, Entrants agree to release and hold harmless Sponsor, Twitter, Inc., and each of their respective officers, directors, managers, employees, parents, subsidiaries, affiliates, agents, members, shareholders, insurers, servants, divisions, predecessors, successors, representatives, dealers, distributors, advertising, sweepstakes, and fulfillment agencies, including the Independent Administrator, consultants and legal advisors (collectively, the “Released Parties”) from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt, redemption or use of a Prize.
LIMITATIONS OF LIABILITY: The Released Parties are not responsible for: (a) unauthorized human intervention in the Sweepstakes; (b) electronic or human error which may occur in the administration of the Sweepstakes or the processing of entries; (c) any injury, damage or loss (including death) to persons or property of any kind, which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or from the receipt, use or misuse of a Prize; (d) any printing or typographical errors in any Sweepstakes-related materials; (e) stolen, lost, late, misdirected, corrupted, incomplete, or indecipherable entries; (f) technical failures of any kind, including but not limited to the malfunctioning of any computer, mobile device, cable, network, hardware or software; or (g) any errors on the Twitter platform that may prevent an entrant from entering or receiving direct messages. Entrants further agree that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney’s fees. Entrants waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
DISPUTES: Except where prohibited, Entrants agree that 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 Ohio. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Entrants’ rights and obligations, or the rights and obligations of Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of Ohio, without giving effect to any choice of law or conflict of law rules (whether of Ohio or any other jurisdiction, which would cause the application of the laws of any jurisdiction other than Ohio.
WINNERS LIST: To request a winners list, please send a self-addressed, stamped envelope, for receipt no later than May 30, 2014, to “Sherwin-Williams® #EstoPintaBien Giveaway Winners List Request,” PO Box 10505, Rochester, NY 14610. The Official Rules will also be made available in Spanish at www.SWLatino.com//hsptwtrsweepsrulesspa.
SPONSOR: The Sherwin-Williams Company, 101 W Prospect, Cleveland, OH 44115. This Sweepstakes shall not be published without prior written consent from the Sponsor.
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