Behr – Color In Motion – Win one USD $50000/CDN $63137 cash prize (awarded in the form of a check).

BEHR PAINT COMPANY
BEHR COLOR IN MOTION SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE NECESSARY. PURCHASE WILL NOT INCREASE ODDS OF
WINNING. VOID WHERE PROHIBITED.
1. PROMOTION TIMING. The BEHR Color in Motion Sweepstakes (the
“Promotion”) begins at 12:00:01 P.M. Pacific Time (“PT”) on August 31, 2021 and
ends 11:59:59 P.M. PT on September 28, 2021 (the “Promotion Period”).
2. 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, or Canada and (b) are at least 18 years of age. The following
individuals are not eligible to participate: (i) employees of Behr Paint Company
(“Sponsor”) or Masco Corporation, any of their subsidiaries or affiliate companies,
or their advertising, marketing or promotional agencies; (ii) family members
(spouse, partners, parents, siblings, children and in-laws including step and foster
relations) 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 Canada and (b) where prohibited by law.
3. HOW TO ENTER. There are two (2) ways to enter this Promotion during the
Promotion Period:
A. You may enter by visiting the Behr Color in Motion Sweepstakes landing page
at: http://spr.ly/6008yUQ82 (CA ENG: http://spr.ly/6009yQex1)
B. Follow all onscreen instructions to complete and submit the Promotion entry
form (an “Entry”) by uploading a response on the entry page on Wyng. 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
reviewed and agreed to the Official Rules as a condition of entering the
Promotion;
C. In the alternative, if you do not wish to enter the Promotion by submitting an
Entry as described above, you may enter the Promotion by providing your
contact information here: http://spr.ly/6008yUQB4 by 11:59:59 PM PT on
September 28, 2021.
All entries become the property of Sponsor and will not be acknowledged or
returned. Limit one (1) Entry per person during the Promotion Period,
regardless of the means of entry. Proof of sending or submitting an Entry will
not be deemed proof of receipt by Sponsor or proof of eligibility for the Promotion.
IMPORTANT: MESSAGE AND DATA RATES MAY APPLY IF AN ENTRANT
ENTERS THIS PROMOTION ON HIS/HER MOBILE DEVICE. NOT ALL MOBILE
TELEPHONE/WIRELESS PROVIDERS CARRY THE SERVICE NECESSARY
TO PARTICIPATE IN THIS PROMOTION. CONSENT IS NOT A CONDITION OF
PURCHASE. ENTRANTS SHOULD CONSULT THEIR WIRELESS PROVIDER’S
PRICING PLANS. MOBILE ENTRY IS NOT REQUIRED TO ENTER OR WIN A
PRIZE IN THIS PROMOTION.
4. AGREEMENT TO OFFICIAL RULES. Your participation in this Promotion
constitutes your full and unconditional agreement to and acceptance of these
Official Rules, the Sponsor’s Privacy Policy, and the decisions of the Sponsor,
which are final and binding. Winning a prize is contingent upon fulfilling all
requirements set forth herein. By submitting an Entry, entrants agree to be
contacted by Sponsor with notices and reminders pertaining to the Promotion.
5. ENTRY SPECIFICS: Entries must be complete, compliant, submitted via the
Website communicated, and received by Sponsor within the Promotion Period.
Without limitation, any Entry deemed or suspected by Sponsor, in its absolute
discretion to condone, promote, contain or depict in any manner content/activities
that are or may be: dangerous, indecent, obscene, offensive, cruel, hateful,
tortious, defamatory, demeaning, disgusting, harmful or unlawful; in any way
improper or unsuitable; or appears to infringe upon the intellectual property or other
rights of any other person, brand, or entity, or illegally defames Sponsor or any
other Promotion partner (if any) will be disqualified.
Incomplete, invalid, unsuitable, or otherwise non-compliant Entries (as determined
in Sponsor’s sole and absolute discretion) will not be eligible. If, upon review,
Sponsor (or its authorized representative) is unable to determine that an Entry is
compliant, or reasonably suspects that it is not compliant in whole or in part, the
Entry as a whole may be disqualified. Proof that you uploaded an Entry does not
constitute proof or evidence that it was received within the Promotion Period or
eligible for the Promotion. Entries become the property of Sponsor and will not be
returned. Entries submitted via any other entry method than stated herein will not
be accepted. Entries may only be submitted by a single registered email account
user; group or commercial submissions are not permissible. Multiple entrants are
not permitted to share the same device, account, IP or email address. Entrants
may not (whether apparent or suspected) enter through a sweepstakes/contest
club or exchange site (or similar method, whether or not paid), with multiple or false
identities, accounts, or devices, or use multiple e-mail and/or street addresses, or
use any other device or artifice to enter. Engaging directly or indirectly in any
(apparent or suspected) artifice, cheating, fraud, spamming, phishing, on-line
clubs (or similar methods), exchange sites, robotic, automatic, macro,
programmed or like participation methods as determined in Sponsor’s sole and
absolute discretion, will void all such Entries, and disqualify any entrant suspected
of using/benefitting from such methods.
Without limiting the foregoing, Entry/entrant will be disqualified if Sponsor believes
the Entry is not in the spirit of the Promotion, is not compliant herewith, or awarding
the prize to any person will have a detrimental impact on Sponsor, this Promotion,
or any of Sponsor’s brands, products or services. Furthermore, if an Entry, for any
reason whatsoever, is unpleasant, distasteful, nasty or otherwise inappropriate for
the Sponsor community, Sponsor reserves the right to disqualify Entry/entrant.
Promotion Entities assume no responsibility for lost, late, incomplete, ineligible,
inaccurate, undelivered, delayed, destroyed, damaged, or misdirected Promotion
related communications (in whole or in part including into entrant’s spam/junk
folders); or for any equipment, computer, telephone, device, network, platform,
app, electronic, hardware or software malfunctions, failures, connections, or
availability, or garbled, corrupt, or jumbled transmissions; nor service provider,
Internet, website, user accessibility or availability, incompatibility, traffic
congestion, unauthorized human intervention or any human error, or the incorrect
or inaccurate capture of Entry, or other information, nor for the failure to capture or
display any such information.
Entrants must not engage in phishing or spamming. Apparent or suspected
phishing or spamming, sending of junk communications or the use of any
unauthorized method or automated system to participate is prohibited, and, if
discovered at any time will void the applicable Entry and entrant suspected of
using/benefitting from such methods in Sponsor’s sole and absolute discretion.
6. SELECTION OF POTENTIAL PRIZE WINNERS AND ODDS OF WINNING. On
or around 1:00 P.M. PT at the offices of Wyng on October 5, 2021, one potential
(1) Grand Prize winner and five potential (5) First Prize winners will be selected in
a random drawing from among all eligible entries received. Odds of winning
depend on the total number of eligible Entries received during the Promotion
Period.. Canadian potential winners must correctly respond unaided and within the
time specified to a four-part mathematical skills testing question, or will forfeit the
opportunity to receive a prize.
7. NOTIFICATION AND REQUIREMENTS OF POTENTIAL WINNERS. Each
potential 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 or W8-BEN Form (U.S. winners) or a Declaration of Eligibility,
Liability and Publicity Release (for Canadian winners who have correctly
responded to the skill testing question) (“Release Documents”) within seven (7)
calendar days of notification by Sponsor. Prizes won by persons who are eligible
entrants but considered minors in their state or province/territory 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 Release Documents 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 any prize. There will not be a second-chance drawing.
Each 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 (provided true),
biographical information, voice and address (city and state/territory/province), for
advertising, promotions and other purposes in all forms of media (including but not
limited to the internet, and Sponsor’s and unrelated third-party social media sites),
worldwide in perpetuity, without additional notice, permission or further
compensation.
8. PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”). Subject to confirmation
of eligibility and compliance, the following prizes are available to be awarded:
Grand Prize (1): one (1) USD $50,000/CDN $63,137 cash prize (awarded in the
form of a check).\
First Prizes (5): one (1) USD $1,000/CDN $1,262 The Home Depot® Gift Card.
The gift card may be subject to terms and conditions imposed by the merchant
issuing the gift card, including an expiration date, and will not be replaced by
Sponsor if lost, misplaced, stolen, damaged, or destroyed.
Total ARV for all prizes is USD $55,000/CDN $68,750, based on current exchange
rate calculations at time of drafting.
Limit one (1) prize per person. Only the number and description of prizes stated
in these Official Rules are available to be awarded in the Promotion. In no event is
Sponsor responsible for awarding different prizes, more prizes, or prizes in greater
denominations than the number of prizes or amounts stated herein. 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.
9. 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, force majeure, or any other matter beyond Sponsor’s control. In such event,
Sponsor may award the prizes from among all eligible non-suspect Entries
received prior to cancellation if doing so is reasonable and fair (as determined by
Sponsor).
10. RELEASE & INDEMNIFICATION. 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 alleged or actual 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.
11.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; € 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
12.DISPUTE RESOLUTION. If there is any conflict between any promotional material
and these Official Rules, these Official rules shall prevail. The resolution of any
dispute shall be within Sponsor’s sole discretion. As a condition of entering this
Promotion, to the fullest extent permitted 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
13. PRIVACY POLICY. To see how Sponsor may use personal information obtained
in connection with this Promotion, see Sponsor’s Privacy Policy at
http://www.behr.com/privacypolicy and
https://www.behr.ca/consumer/privacy-policy
14.WINNERS’ LIST. For the names of the winners, available approximately two
weeks after the end of the promotion, http://spr.ly/6008yUQ82 (CA ENG:
http://spr.ly/6009yQex1)
15.QUEBEC RESIDENTS: Any litigation respecting the conduct or organization of a
publicity Contest in Québec may be submitted to the Régie for a ruling. Any litigation
respecting the awarding of the Prize may be submitted to the Régie only for the
purpose of helping the parties reach a settlement. Fees under Quebec law have been
paid.
16.SPONSOR. The Sponsor of this Promotion is Behr Paint Company, 1801 East
St. Andrew Pl., Santa Ana, CA 92705.
©2021 Behr Paint Company. All rights reserved.