Behr Paint Company – Behr Was There – Win one (1) BEHR Prize Pack which includes the following branded items one (1) coverall

BEHR PAINT COMPANY
BEHR WAS THERE SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE NECESSARY. PURCHASE WILL NOT INCREASE ODDS OF WINNING.
VOID WHERE PROHIBITED.
1. PROMOTION TIMING. The BEHR WAS THERE SWEEPSTAKES begins at 12:00:01
P.M. Pacific Time (“PT”) on May 12th
, 2022 and ends 11:59:59 P.M. PT on June 9th
, 2022
(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,
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, 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.
3. HOW TO ENTER. There are two (2) ways to enter this Promotion during the Promotion
Period:
You may enter by visiting the Behr Was There Sweepstakes landing page at:
https://spr.ly/6004zEvCa. Follow all onscreen instructions to complete and submit the
Promotion entry form (an “Entry”) by uploading an image or text response on the Behr
was There Sweepstakes landing page. 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.
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: https://spr.ly/6008zEa6a by 11:59:59 PM PT on June 9th
, 2022.
All entries become the property of Sponsor and will not be acknowledged or returned.
Limit one Entry 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.
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 and the
decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon
fulfilling all requirements set forth herein.
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 GRAND PRIZE WINNER. On or around 1:00 P.M. PT on
June 9th
2022, two potential (2) Grand Prize Winners and ten potential (10) 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.
7. 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 any prize.
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.
8. PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”). Subject to confirmation of
eligibility and compliance, the following prizes are available to be awarded:
Two (2) Grand Prize Winners will each receive one (1) $1,000 cash prize. Ten (10) First
Prize Winners will each receive one (1) BEHR Prize Pack which includes the following
branded items: one (1) coverall, one (1) drop cloth, one (1) stir stick and two (2) rolls of
painter’s tape. No more than twelve (12) prizes will be awarded. The ARV for the box is
valued at $325. Total ARV for all prizes is USD $5,250 based on current exchange rate
calculations at time of drafting. Limit one (1) prize per person/email. 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 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.
10. 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.
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; (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.
12. 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.
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
14. WINNERS’ LIST. For the names of the winners, available approximately two weeks after
the end of the promotion, please visit https://spr.ly/6004zEvCa
15. SPONSOR. The Sponsor of this Promotion is Behr Paint Company, 1801 East St.
Andrew Pl., Santa Ana, CA 92705.
©2022 Behr Paint Company. All rights reserved.