2022 Pro Van Contest
Official Rules
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KILZ® and BEHR PRO®
ULTIMATE PRO VAN CONTEST
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT IMPROVE YOUR CHANCES OF
WINNING. INTERNET ACCESS REQUIRED TO ENTER. EVIDENCE OF A CURRENT, VALID U.S. DRIVER’S
LICENSE AND AUTOMOBILE INSURANCE WILL BE REQUIRED PRIOR TO PRIZE AWARD. Void outside the
48 contiguous United States, and where prohibited or restricted by law.
ARBITRATION NOTICE: UNLESS OTHERWISE PROHIBITED BY LAW, BY ENTERING YOU AGREE THAT
DISPUTES BETWEEN YOU AND ANY PROMOTION ENTITY WILL BE RESOLVED BY BINDING, INDIVIDUAL
ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, JURY
TRIAL OR CLASS-WIDE ARBITRATION. See Disputes/Arbitration provision.
These Official Rules may be found at: www.kilz.com/provan In the event of any inconsistencies between
these Rules and any marketing, advertising and other communications pertaining to this Promotion,
these Rules shall govern.
1. PROMOTION PERIOD: Promotion begins on or about 9:00 A.M. Pacific Time (“PT”) on or about
September 12, 2022 and ends at 11:59 P.M. ET on November 12, 2022 (the “Promotion Period”). All time
referenced herein is Eastern Time. Entrants are solely responsible for determining the correct time zone
in their respective jurisdictions; Promotion Entities disclaim all liability or responsibility relating thereto.
Sponsor’s server/computer is the official timekeeping device for the Promotion.
2. ELIGIBILITY: The KILZ® and BEHR PRO® Ultimate Pro Van Contest (referred to as the
“Promotion”) is a trade promotion offered in the 48 contiguous United States including D.C., excluding
Alaska and Hawaii (“U.S.”) only to professional painters/painting contractors (defined below) who are
legal U.S. residents physically residing in the U.S., 18 or older at time of entry. For purposes of this
Promotion, a professional painter/painting contractor is an individual whose current and primary
livelihood (at least 20 hours per week) is based on the performance of recognized day-to-day duties
regularly engaged in by a painter (exterior or interior, commercial or residential, self-employed or
employee).
IMPORTANT NOTICES: Entrants have the responsibility to review and understand applicable policies,
laws, rules and/or regulations including employer/employment policies, tax implications and any other
limitations regarding eligibility to participate in trade promotions and/or receive prizes in connection
therewith. Furthermore, if entrant enters without obtaining the appropriate approvals, or if an individual
is participating in violation of any such policies and/or laws, Sponsor may, in its sole discretion, disqualify
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Official Rules
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the entrant and forfeit their prize, if applicable. If the verified winner is an employee of a painting
business (subject to, among other things, their compliance with any existing employment policy (if any)
regarding participation in trade promotions and/or receiving a prize), the employee and not their
employer will be awarded the vehicle prize. However, if the verified winner is the owner/principal or
self-employed as a painting business, the prize may be awarded in and to the name of the business,
subject to Sponsor approval.
Employees, officers and directors of Masterchem Industries LLC, Behr Paint Company and its subsidiaries
and affiliates, and Masco Corporation (referred to collectively as “Sponsor”), Graco Inc., WernerCo, 3M
COMPANY, The Home Depot (“Promotion Partner(s)”), any of their respective parent, subsidiary and
affiliated companies, advertising and promotion agencies, and any other individuals or entities who are
engaged directly or indirectly in the development of, the production, distribution or review of materials
for, or the administration, execution or implementation of this Promotion (collectively the “Promotion
Entities”) and persons in the immediate family of such individuals (spouse, parent, domestic partner,
child, sibling and their respective spouses, and foster and step-relations) regardless of where they reside,
or those living in their same household (whether or not related) as any person in any of the preceding
categories are not eligible to enter.
3. HOW TO ENTER: During the Promotion Period, eligible entrants (i) visit the Promotion website
landing page at www.kilz.com/provan (“Website”), (ii) follow all onscreen instructions to complete the
Promotion entry form (including your contact information and painting profession category), (iii) create
and share an original video (no less than :30 and no more than :60 seconds in length) that shows us your
pro painting project and the skills that prove YOU are the ultimate pro painter OR create and share an
original action photo of your latest paint project (format: .jpg, .png, .gif, at least 480px by 480px, file size
must be 20MB or less) and tell us in the written description (max. 250 words) about the skills that prove
YOU are the ultimate pro painter, then press “Submit” (“Entry”). Entrants must include a valid name and
email address and provide all required information in order for their 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.
Limit one (1) Entry per person. If multiple Entries are received from the same entrant, only the first
eligible Entry received may be considered and all other Entries will be void. Your Entry must appear to
have been submitted in good faith or may be disqualified. Entry must show case your own professional
painting skills or pro-level painting project recently completed (within the last year from the start date
of the Contest) or may not be considered as part of the Entry. Entrants must complete all steps and
submit all required information during the Promotion Period. Failure to strictly comply with these
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specific requirements will result in immediate disqualification and such Entry will not be considered.
Entry cannot be changed, altered, modified or revoked after submission. All Entries are subject to review
by Sponsor and become the sole property of Sponsor. Entries will not be returned.
Any spoken, textual or other content of any part of the Entry must be in English and must comply with
these Rules. Sponsor or its affiliates is the sole and exclusive owner of all right, title and interest in and
to any and all intellectual property including its logos, brand names, characters and slogans relating to
its products and services, along with all goodwill associated therewith.
ENTRY SPECIFICS: Entries must be complete, compliant, submitted via the Website, and received by
Sponsor within the Promotion Period. All Entries are subject to the terms and requirements stated in the
attached (incorporated) Submission Guidelines and Terms. In addition to all other restrictions and
conditions stated or incorporated elsewhere herein, Entries may NOT name, reference, contain or
depict any minor child(ren) (under the age of 18), or any other person or venue without the consent
of the person or venue owner. If requested by Sponsor, entrant shall provide evidence of their Entry’s
compliance with these Rules in writing. Nothing herein shall be deemed an obligation of confidentiality.
Entrants understand and agree to assume the risk that their Entry and any element thereof may, in whole
or in part, be identical or similar to any other Entry, that one Entry may regardless receive varying scores
from the other Entry, and entrants shall release and hold Promotion Entities harmless from same. Once
submitted, your Entry cannot be changed, altered or modified.
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 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 participate or 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
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sole and absolute discretion, will void all such Entries, and disqualify any entrant suspected of
using/benefitting from such methods.
Sponsor reserves the absolute right to disqualify and/or immediately remove any Entry/entrant in whole
or in part for any reason within its sole and absolute discretion. 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 will have a detrimental impact on Sponsor, this Promotion, or any of Sponsors’
or Promotion Partners’ brands, products or services. Furthermore, if an Entry, for any reason
whatsoever, includes or garners comments that are unpleasant, distasteful, nasty or otherwise
inappropriate for the Sponsor community, Sponsor reserves the right to disqualify Entry/entrant and
remove any such Entry. In the event of a dispute as to the identity of an entrant, the authorized account
holder of the respective email account used in connection with the Entry will be deemed to be the
entrant. Any potential winner may be required to show proof of being the authorized account holder.
Promotion Entities assume no responsibility for lost, late, incomplete, ineligible, inaccurate, undelivered,
delayed, destroyed, damaged, or misdirected Entries (in whole or in part); 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.
Entries may be forwarded or shared with family, friends and direct known contacts; 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, or if
applicable to acquire (unauthentic) Entries, Likes or Follows etc. is prohibited, as is posting content to
irrelevant or inappropriate sites to obtain entry, 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.
For those entrants entering with a mobile device: Normal internet access and device usage charges
imposed by a mobile plan and/or on-line service may apply to entry via mobile device. Other charges
may apply; check your mobile plan for rates/details. Promotion may not be available via all mobile
carriers. Consent is not a condition of purchase.
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Official Rules
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4. AGREEMENT TO OFFICIAL RULES: All Entries and participation in this Promotion shall be
governed by these Official Rules (“Rules”), the respective Sponsors’ Privacy Policies (links below) and
applicable Website Terms of Use (incorporated herein by reference). By participating in the Promotion,
each entrant fully and unconditionally agrees to be bound to and accepts these Official Rules, Terms of
Use and Privacy Policies, and any additional terms and conditions specific to the Promotion
communicated by Sponsor. By participating, entrants further agree to be bound to the decisions of the
Sponsor (and its authorized representatives) which are final and binding in all matters. By submitting an
Entry, entrants agree to be contacted by Sponsor with notices and reminders pertaining to the
Promotion and in accordance with its respective Privacy Policy.
This Promotion is in no way sponsored, endorsed or administered by, or associated with any social media
platform used to advertise, promote or facilitate entry into this Promotion (collectively “Social Media
Platforms”). Any Social Media Platforms on which the Promotion is promoted, advertised, or executed
as applicable and each of their respective parent companies, subsidiaries, affiliates, officers, directors or
employees (collectively, “Social Media Released Parties”) shall be released and have no liability for this
Promotion, unless the liability is directly caused by such Social Media Platform. Entrants are providing
their own information to Sponsor and not to such Social Media Platform.
5. LICENSE: At the time entrant submits an Entry, and whether or not selected as a winner,
entrants grant to Sponsor, Promotion Partners, and their respective parent, subsidiaries and affiliates
(and their authorized representatives) an exclusive, fully paid and royalty-free, transferable, sub-
licensable, worldwide license to use (but without obligation to do so) the Entry, in whole and in part,
and all the content, intellectual and other property rights therein including the right to make derivative
works, through-out the world, and further agree to execute all documents and perform all acts
deemed necessary by Sponsor and/or any Promotion Partner to protect its license in and to the Entry
and all intellectual property therein. Entrants understand and agree by granting this license their Entry
may be modified, edited, distorted, used in whole or in part, alone or in combination with other works,
used in illusory or composite form, or in any other manner, as solely determined by Sponsor and/or any
Promotion Partner in any media and medium whatsoever now known or hereinafter developed including
without limitation print, video, broadcast, radio, internet, and posted throughout Sponsor’s, Promotion
Partners’, and (unrelated) third parties’ digital, on-line, and off-line social media, marketing and
advertising properties, printed materials, outdoor boards, signage and/or any other media/medium
through-out the world without further compensation or review. Entrants will not now nor in the future
be paid for their Entry or for granting any of these rights.
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6. JUDGING CRITERIA/WINNER SELECTION: All eligible Entries will be judged by a panel of neutral
judges selected by Sponsor to select one (1) potential Grand Prize winner based on the following criteria
in the table below, as applicable:
EVALUATIO
N CRITERIA
CRITERIA
CRITERIA
DESCRIPTION
POINT BREAKDOWN
TOTAL
POSSIBLE
POINTS
OPTION 1
(entrant will
select one
entry
option only)
Submission
of video:
Share a
video of
your
painting
project and
tell us how
you tackled
it.
(Min 30
seconds
Max video
length: 2:00)
CRITERIA 1
Relevant to a
paint project
Full point
submission will
show a video
that is relevant
to a painting
project
No points (0): If submission is not
relevant to a painting project OR
shows a project before any
priming/painting has occurred
Full points (30): If submission
shows a painting project, either
in-progress or a finished project
30
CRITERIA 2
Project
showcase &
context
Full-point
submission will
include robust
context around
the project
No points (0): If submission does
not include any context about
the project and simply shows the
project
Partial points (15): If submission
includes partial or little context
about where and when the
project occurred and why the
project was necessary
Full points (30): If submission
shows the finished project OR
partially finished project and
there is full, robust context about
where and when the project
occurred and why the project
was necessary
30
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Official Rules
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CRITERIA 3
Techniques &
skills
Full-point
submission will
include the
entrant
discussing the
“how” of the
project,
including
techniques and
skills for how
they completed
or are planning
to complete the
project
No points (0): If submission is not
relevant to a painting project OR
shows a project before any
priming/painting has occurred
Partial points (15): Entrant
discusses the techniques and
skills required for the project in a
superficial manner, including
incomplete detail to how they
tackled the project, what
techniques, skills, and products
were required for the project and
how they were used
Full points (30): Entrant
discusses the techniques and
skills required for the project in a
masterful way, including how
they tackled the project, what
techniques, skills, and products
were required for the project and
how they were used
30
Additional
form entry
fields
Zip code
Profession
Phone Number (optional)
Email opt-ins
Not applicable for scoring or any
points contribution to total
possible points
0
TOTAL POSSIBLE POINTS 100
OR
EVALUATIO
N CRITERIA
CRITERIA
CRITERIA
DESCRIPTION
POINT BREAKDOWN
TOTAL
POSSIBLE
POINTS
OPTION 2
(entrant
will select
CRITERIA 1
(Image)
Relevant to a
paint project
Full point
submission will
show an image
that is relevant to
a painting project
No points (0): If submission is not
relevant to a painting project OR
shows a project before any
priming/painting has occurred
35
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one entry
option only)
Open-ended
response
with image
upload
Full points (35): If submission
shows a painting project, either
in-progress or a finished project
CRITERIA 2
(Open-ended
Response)
Project
showcase &
context
MAX 250
words
Full-point
submission will
include robust
context around
the project
No points (0): If submission does
not include any context about
the project and simply shows the
project
Partial points (20): If submission
includes partial or little context
about where and when the
project occurred and why the
project was necessary
Full points (35): If submission
shows the finished project OR
partially finished project and
there is full, robust context about
where and when the project
occurred and why the project
was necessary
35
CRITERIA 3
(Open-ended
Response)
Techniques &
skills
Full-point
submission will
include the
entrant discussing
the “how” of the
project, including
techniques and
skills for how they
completed or are
planning to
complete the
project
No points (0): If submission is not
relevant to a painting project OR
shows a project before any
priming/painting has occurred
Partial points (15): Entrant
discusses the techniques and
skills required for the project in a
superficial manner, including
incomplete detail to how they
tackled the project, what
techniques, skills, and products
were required for the project and
how they were used
Full points (30): Entrant
discusses the techniques and
skills required for the project in a
masterful way, including how
they tackled the project, what
techniques, skills, and products
were required for the project and
how they were used
30
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Additional
form entry
fields
Zip code
Profession
Phone Number (optional)
Email opt-ins
Not applicable for scoring or any
points contribution to total
possible points
0
TOTAL POSSIBLE POINTS 100
In case of a tie, the Entry, among those tied, with the highest rating in the Criteria 1 category will break
the tie. In the event a tie still remains, the Entry, among those tied, with the highest rating in the Criteria
2 category will break the tie (regardless of the type of submission). The display of any Entry by Sponsor
shall not be deemed to constitute Sponsor’s representation or agreement that the Entry is, in whole or
in part, compliant with these Official Rules, or eligible for judging or prize award.
7. PRECONDITIONS TO PRIZE AWARD: Potential prize winner will be required to provide proof of
a valid current U.S. driver’s license and automobile liability insurance, or else prize will be forfeited and
awarded to an alternate potential winner. Winner may be required to provide proof of being an eligible
professional painter, and/or to execute additional releases or other documents at the request of Sponsor
or any other third party. To be eligible, winner must physically reside in the contiguous U.S. (as defined
herein) and as applicable must take possession of the vehicle on or within 7 days of notification (which
may take up to 120 days) at the location specified by Sponsor. Winner is solely responsible, as applicable,
for all tax, title, registration and insurance, and delivery of vehicle from delivery location to winner’s U.S.
residence. Upon prize delivery to winner, winner assumes all costs, responsibility, damages, liability and
expenses relating directly or indirectly to the vehicle thereafter. Any difference in MSRP/Kelley BBV and
actual value will not be awarded in cash or otherwise. Prize notification does not confer winner status;
prize award is subject to verification of eligibility and compliance with the above requirements, and all
other terms in these Rules. Sponsor shall have the right, where necessary, not to award a prize, to
undertake all action and/or require further information as is reasonable to protect itself, or any of the
Promotion Entities against fraudulent or invalid claims, potential public scandal, ridicule, or disrepute in
awarding the prize to any potential winner. Without limiting the foregoing, potential Prize winner may
be subject to a background check as determined by the Sponsor in its sole discretion; if potential Prize
winner has been convicted of a felony or any other crime that would reflect negatively on the Sponsor
or Promotion Partners, the potential winner may be disqualified, and an alternate potential winner may
be notified based on next highest score. Vehicle prize must be accepted “AS IS”. WITHOUT LIMITING
ANY MANUFACTURER WARRANTIES (IF ANY), SPONSOR MAKES NO WARRANTIES, EXPRESSED OR
IMPLIED, AS TO THE QUALITY OR CONDITION OF THE PRIZE OR ANY ELEMENT THEREOF AND
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EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. Failure to comply with any of these requirements may, in Sponsor’s sole discretion result in
disqualification.
8. NOTIFICATION OF POTENTIAL WINNER: It is anticipated, but not guaranteed, that the Grand
Prize winner will be announced approx. four – six weeks following the end of the Promotion Period.
Potential winner will be notified via email or telephone (in Sponsor’s discretion), will be required to
provide a mailing address, and will also be required to sign, have notarized and return an Affidavit of
Eligibility, Liability and Publicity Release (except where prohibited by law) (“Release Documents”) and an
IRS 1099, W-9 Form (or other forms required by the Sponsor and/or IRS regarding tax reporting
obligations) within the time specified by Sponsor in the prize notification. If a potential Prize winner is
found to be ineligible or not in compliance with these Official Rules, declines to accept the Prize, Sponsor
is unable to contact the potential winner on or within two separate attempts, or in the event that the
Prize confirmation, notification or Prize is returned, misdirected or undeliverable, the Prize will be
forfeited, and in the Sponsor’s sole discretion, the forfeited Prize may be awarded to an alternate
potential Prize winner. If the Sponsor wishes to select an alternate potential Prize winner, Sponsor will
do so based on the next highest score of an eligible entrant’s Entry. Sponsor is not responsible for any
delay in awarding any prize.
Promotion Entities are not responsible for any undelivered telephone calls, messages, e-mails, or any
other communications, including but not limited to those that are not received because of the entrant’s
privacy or spam filter settings that may divert any winner/prize notification or other Promotion related
communications to a spam or junk folder. Prize award(s) is/are subject to verification of eligibility and
compliance with these Official Rules.
9. PRIZE/MANUFACTURER’S SUGGESTED RETAIL PRICE (“MSRP”)/APPROXIMATE RETAIL VALUE
(“ARV”): Grand Prize (1): a 2021 Ford® Transit 350 Cargo Van (MSRP: $68,275, plus registration $7,256)
with a Motor Trend® professional painters’ customization package (ARV: $39,709). Package consists of:
vinyl flooring, mechanical ladder system, custom galley and sink with water system, rack system,
infotainment system (including speakers), cameras, exterior lighting, refrigerator, sound system; 3M®
Painters Tape, Woodfillers, Maskings, Masking Tape, Standard Sheets, Cloth Tape, Cut Sheets, Sanding
Sponges, Spackling, Maskings; Werner® Ladders, Weather Guard® bins, mats, and hook holders; Graco®
Ultra Max II 495 PC Pro Electric Airless Stand sprayer, TC Pro Cordless Handheld Airless Sprayer, and
popular accessories; KILZ® Primers (3 1-Gallon, 6 5-Gallon, and 12 Aerosols), brushes (9), and rollers (14)
with roller covers (8); Behr Pro® Interior and Exterior Paint (4 1-Gallon and 3 5-Gallon). Total ARV of
Grand Prize: $115,240.
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Limit one (1) prize. Winner is solely responsible for all costs and expenses not expressly set forth as being
included herein. Prize will be awarded provided sufficient eligible entries are received. Prize is personal
to the winner, is nontransferable and non-refundable and must be accepted as a whole, as awarded.
Sponsor will pay applicable U.S. Federal and state taxes on the actual value of the vehicle prize (including
customization package) being awarded (up to a maximum amount of $30,000). However, winner will not
be discharged from their required applicable tax payment obligations if over the maximum amount
covered by Sponsor, nor from their tax reporting requirements and the like, which are the sole
responsibility of such winner in addition to any and all expenses after prize award. No cash substitution,
assignment, redemption for cash, or transfer of prize in whole or in part 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 Prize of equal or greater value. Winner shall not be
entitled to the difference between the stated MSRP/ARV and the actual price of the prize selected. If
applicable, gift cards/certificates are subject to terms and conditions established by the issuer (including
expiry dates), are provided for promotional purposes only and, unless otherwise stated or required by
law, are not redeemable for cash. Gift cards/certificates awarded as a prize will not be replaced by
Promotion Entities if lost, stolen, misplaced, damaged or destroyed. Only the number and description of
prizes stated in these Official Rules is/are available to be awarded in the Promotion. In no event is
Sponsor responsible for awarding different prizes, more prizes, or prizes in greater denomination than
the number of prizes or amounts stated herein. Prize, and any element thereof, including any products
and/or gift cards received as a prize, may not be sold, resold, auctioned, bartered, or placed into any
other unauthorized channels of distribution. Any prize pictured or mentioned in advertising or Promotion
materials (including any website) is for illustrative purposes only and may not be the actual prize
awarded. All makes, models, features, and equipment of prizes are selected by Sponsor in its sole
discretion. All details and other restrictions of Prizes not specified in these Official Rules will be
determined by Sponsor in its absolute discretion. The use of any non-Sponsor trademarks, service marks,
logos or other marks in connection with this Promotion or any prize is not meant by Sponsor to imply the
endorsement of the respective owner(s) of such marks, or any affiliation of the respective owner(s) of
such marks, and such owners are not sponsors nor otherwise affiliated with this Promotion.
WITHOUT LIMITING ANY MANUFACTURER WARRANTIES, PROMOTION ENTITIES MAKE NO
REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THIS PROMOTION, ANY PRIZE, THE
ABILITY TO IN ANY WAY PROMOTE OR MARKET ANY WINNER OR ENTRY, THE QUALITY OR CONDITION
OF THE WEBSITE; PROMOTION ENTITIES EXPRESSLY DISCLAIM ANY WARRANTY OF
MERCHANTABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE RELATING THERETO.
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10. GENERAL RELEASE CONDITIONS: BY PARTICIPATING, ENTRANTS AND WINNER AGREE TO THE
FULLEST EXTENT PERMITTED BY LAW TO RELEASE, FOREVER DISCHARGE AND HOLD HARMLESS THE
SPONSOR, OTHER PROMOTION PARTNERS AND ENTITIES, AND THEIR PARENTS, AFFILIATES AND
SUBSIDIARY COMPANIES, ADVERTISING AND PROMOTION AGENCIES, AND THEIR RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES AND AGENTS
AND SOCIAL MEDIA PLATFORMS (“RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL ALLEGED
AND/OR ACTUAL CLAIMS, CAUSES OF ACTION, DEMANDS, LOSSES, SETTLEMENTS (WHETHER OR NOT
LITAGATION IS COMMENCED), LIABILITIES AND DAMAGES OF ANY KIND WHATSOEVER EXISTING NOW
OR ARISING IN THE FUTURE (INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PERSONAL INJURY,
DEATH, DISABILITY AND PROPERTY DAMAGE, VIOLATION OF PROPRIETARY, PUBLICITY, PRIVACY OR
ANY OTHER RIGHT), COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE
ATTORNEYS’ FEES, COURT COSTS, SETTLEMENT AND DISBURSEMENTS) DIRECTLY OR INDIRECTLY
ARISING OUT OF USE OF THE ENTRY IN WHOLE OR IN PART, SUBMITTING AN ENTRY OR OTHERWISE
PARTICIPATING IN (OR INABILITY TO PARTICIPATE IN) ANY ASPECT OF THIS PROMOTION, THE RECEIPT,
ACCEPTANCE, OWNERSHIP, POSSESSION, USE OR MISUSE OF A PRIZE, PARTICIPATION (OR INABILITY
TO PARTICIPATE) IN ANY PROMOTION AND/OR PRIZE RELATED ACTIVITY, ACCESS TO THE WEBSITE,
AND/OR OTHER PARTICIPATION IN THIS PROMOTION. By entering and/or accepting a prize, entrants
and winner covenant to the fullest extent permitted by law not to sue any Released Party or cause them
to be sued regarding any matter released above, and not to disaffirm, limit or rescind this release. A
waiver by one or more of the Promotion Entities of any term in these Official Rules does not constitute
a waiver of any other provision. Any provision adjudged to be invalid shall be struck from these Rules
and the remainder shall continue in full force and effect.
11. LIMITATIONS OF LIABILITY: Promotion Entities are not responsible for any incorrect or inaccurate
information, whether caused by website users, human error, tampering, hacking or by any of the
equipment or programming associated with or utilized in the Promotion and/or social media platform
and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation
or transmission, incompatibility, communications failure, theft, loss or destruction of Entries, nor for the
failure to capture Entry or other information. Promotion Entities are not responsible for injury or
damage to participants’ or to any other person’s computer and/or mobile device related to or resulting
from downloading materials from or use of any Website, social media platform, device or app. If the
Promotion or any element thereof is not capable of running as planned by reason of, but not limited to,
tampering, unauthorized intervention, fraud, technical or other artifice, failures or errors, or any other
causes which Sponsor deems, in its sole opinion, could corrupt or affect the administration, security,
fairness, integrity or proper conduct of this Promotion, Sponsor reserves the right at its sole discretion
to cancel, terminate, modify or suspend the Promotion, or any element thereof and may select the
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winner from non-suspect, eligible Entries received prior to the action or as otherwise deemed equitable
by Sponsor. In the event of any discrepancy, ambiguity, inconsistency, printing or any other error or
miscommunication in any communications, announcements, advertising and/or promotional materials
relating to this Promotion, these Official Rules shall govern.
IN NO EVENT WILL THE PROMOTION ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR
LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES ARISING OUT OF THIS PROMOTION, PARTICIPATION (OR INABILITY TO PARTICIPATE)
IN THE PROMOTION AND/OR PRIZE RELATED ACTIVITIES, THE USE OR MISUSE OF A PRIZE, ACCESS TO
AND USE OF ANY PARTICIPATING SITES/WEBSITES OR THE DOWNLOADING FROM AND/OR PRINTING
MATERIAL DOWNLOADED FROM ANY SITES/WEBSITES ASSOCIATED WITH THIS PROMOTION.
12. PUBLICITY RELEASE. By entering and/or accepting a prize, entrants and winner hereby
irrevocably consent, where lawful, to the taking, recording, and use (but without obligation) and the
right to make derivative works, by Sponsor (and its affiliated companies and their respective authorized
representatives) of their Entry and any part thereof, and name, image, photographs, videotape, likeness,
hometown/state, biographical information, voice, as well as any statements made by winner regarding
the Promotion or Sponsor (provided they are true), for publicity, trade, advertising and promotional
purposes in all media now known or hereafter developed worldwide, including but not limited to the
Internet, mobile devices, and World Wide Web, and including but not limited to Sponsor’s, MASCO’s and
unrelated third party social media sites, without additional compensation, and without the right of
review, notification or approval.
13. FORCE MAJEURE: Promotion Entities shall not be liable to entrants, winner or any other person
or entity for failure to execute the Promotion or supply a prize, or any part thereof, by reason of any act
of God, any action(s), regulation(s) order(s) or request(s) by any governmental or quasi-governmental
entity whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid, equipment
failure, terrorist act, cyber-attack, earthquake, war, fire, flood, explosion, unusually severe weather,
hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage,
transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, event or
experience delay or cancellation, talent/prize unavailability, epidemic or pandemic, or any similar or
dissimilar event beyond their reasonable control.
14. DISPUTES/ARBITRATION: If any dispute, claim or controversy arising out of or related to the
Promotion or these Official Rules cannot be resolved informally between Sponsor and entrant, then such
matter shall to the fullest extent permitted by appliable law be submitted for binding arbitration. Binding
arbitration shall take place in the State of California, Santa Ana, and shall be administered by a neutral
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Official Rules
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one-person arbitrator pursuant to the rules of the American Arbitration Association. The arbitration shall
apply California state law, without regard to conflict of law rules. The language of the arbitration
proceeding shall be English. The provisions of this Section may be enforced in a court of competent
jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees and
expenses (including reasonable attorney fees), to be paid by the party against whom enforcement is
ordered. The arbitration award shall be final, binding on the parties, not subject to appeal, and
enforceable by any court having jurisdiction over the necessary party or its assets. Neither party shall
initiate any action in a court of law except for enforcement of a settlement or arbitration award, provided
that either party may apply to any court of competent jurisdiction for injunctive or other equitable relief
as may be necessary to protect such party’s intellectual property rights and confidential information.
15. PRIVACY POLICY: To see how Sponsor may use personal information obtained in connection with
this Promotion, see Sponsors’ Privacy Policy at https://www.kilz.com/privacy-policy (Masterchem);
https://www.behr.com/consumer/privacy-
policy?https://www.behr.com/consumer/&gclid=CjwKCAjwquWVBhBrEiwAt1KmwuLbIubuONNf3_n8w
EMO7mztxEMync1-OV1MRrNn18aB8GG10J78lhoCt0YQAvD_BwE&gclsrc=aw.ds (Behr);
https://masco.com/privacy-
policy/#:~:text=Masco%20takes%20measures%20designed%20to,guaranteed%20to%20be%20entirely
%20secure (Masco).
By accepting these Official Rules, entrant is giving the Sponsor consent to collect, access, store and use
entrants’ personally identifiable information submitted with Entry in accordance with these Official
Rules, for the purpose of administering the Promotion, and in accordance with the Sponsor’s privacy
policy.
16. WINNERS’ LIST: For the name of the winner, please visit www.kilz.com/provan
17. SPONSORS: Masterchem Industries LLC, 1801 E. St Andrew Pl, Santa Ana, California 92705; Behr
Paint Company and its subsidiaries and affiliates, 1801 E. St Andrew Pl, Santa Ana, California 92705; and
Masco Corporation, 17450 College Parkway, Livonia, MI 48152.
Sponsor reserves the right, without notice or prior approval, to cancel or terminate the Contest in its
entirety or modify or supersede these Official Rules in its sole reasonable discretion for important
reasons and in such event will post termination notice or revised Rules, as applicable, on the Website,
any such revised Rules will continue to govern all aspects of the Contest.
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Page 15 of 16
KILZ® and BEHR PRO®
ULTIMATE PRO VAN CONTEST
SUBMISSION GUIDELINES AND SUBMISSION TERMS
I. Submission Guidelines: Each Entry (Video, Response and Photo and all content and elements
thereof) must comply with the following, or may be subject to disqualification:
A. Cannot defame, misrepresent or contain untrue or illegal remarks or images about Sponsor or its
products or other people, products or companies.
B. Cannot communicate any message inconsistent with the positive image and goodwill with which
Sponsor wishes to associate. Without limitation, this means that an Entry must NOT appear to condone,
promote, contain or depict in any manner illegal, tortious, dangerous, harmful, offensive, indecent,
cruel, unsafe, demeaning, defamatory, disgusting, violent, hateful, or other objectionable, improper or
unsuitable activities or content (as solely determined by Sponsor).
C. Entries must be the original work owned by the person submitting the Entry and cannot appear to
infringe upon the intellectual property (including copyrighted material or third-party trademarks),
privacy, publicity, or other rights of any other person, brand, or entity.
D. Cannot contain trademarks (including logos), trade dress (such as distinctive packaging or building
exteriors/interiors), or any other similar intellectual property rights owned by others, except for those
owned by Sponsor (and such Sponsor-owned images may be used solely in connection with an Entry),
without express consent of the intellectual property owner.
E. Cannot contain or depict any person without their express consent, and cannot contain materials
embodying the names, likeness or other indicia identifying any other person, living or dead without
their/their estates’ express consent. Entries cannot be made on behalf of any other person. Any Entry in
which any other person owns or has any rights or interests (including, but not limited to, rights as joint
author) must be submitted with such joint owner’s express consent.
F. Cannot promote drugs, alcohol, tobacco, firearms/weapons (or the use of any of the foregoing), any
activities that may appear unsafe or dangerous, or any particular highly sensitive or political agenda or
message.
G. Cannot advertise or promote any brand or product of any kind (except for products of Sponsor), or
contain any confidential or personally identifiable information (i.e., names, phone numbers, etc.).
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Page 16 of 16
H. Cannot violate any law or any terms of the Official Rules.
II. Submission Terms: By submitting an Entry, you:
A. Represent and warrant that the Entry (i) is original and does not infringe the intellectual property
rights of any third party, (ii) has not been published in any medium, (iii) has not been submitted or used
for any other commercial or public purpose, (iv) has not won an award; and (v) has not been previously
submitted in this Promotion.
B. Give the Sponsor the full right and license to use your Entry as stated in the Official Rules.
C. Agree to have submitted your Entry without receiving any fee or other form of monetary
compensation. And agree not to assert any moral rights in and to Entry.
D. Grant Sponsor and its designees an unlimited, irrevocable, worldwide, perpetual license to publish,
copy, display, broadcast, distribute, transmit, adapt, modify and/or otherwise use, at Sponsor’s sole
discretion, your Entry and any and all part(s) thereof for any purpose, including, but not limited to,
promotion of Sponsor or its products, without any fee or other form of compensation.
E. Agree that submission of your Entry is without restriction and will not place Sponsor under any
obligation to you or any third party.
F. Acknowledge and agree that Sponsor may receive many Entries in this Promotion and that such other
Entries may be similar or identical in theme, idea, format or other respects, and you waive any and all
claims you may have had, may have, and/or may have in the future that the Entry used by the Sponsor,
its affiliates, or their respective officers, directors, employees and agents may be similar to or the same
as those in your Entry.
G. Agree that Sponsor shall have the exclusive right to edit, adapt and publish your Entry, or any part
thereof, and that Sponsor may use it in any media, in whole or in part, in composit, modified or other
format in association with this Promotion without attribution or compensation to you.
H. Agree that any publication of your Entry is at Sponsor’s sole discretion.
I. Agree that Sponsor is not responsible for any unauthorized third-party use of your Entry.