NO PURCHASE NECESSARY. PURCHASE WILL NOT INCREASE ODDS OF WINNING. VOID WHERE PROHIBITED.
- PROMOTION TIMING. The Behr Mini Makeovers Contest (the “Promotion”) begins on or about 12:00 P.M. Pacific Time (“PT”) on June 22, 2020 and ends at 11:59 P.M. PT on July 2, 2020 (the “Promotion Period”).
- 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 inlaws) 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.
- HOW TO ENTER. There is one (1) way to enter this Promotion during the Promotion Period:
• You may enter by visiting the Behr Mini Makeovers Contest landing page at: http:// www.behr.com/minimakeoverscontest. Follow all onscreen instructions to complete and submit the Promotion entry form (an “Entry”) by uploading an original photo of a space in your home, which is the subject of your Entry (a “Photo”). Your Photo must show a clear and unobstructed view of your space and your photo must be well lit. You will be required to provide a short explanation (200 words or less) about your space, how you use it and what mood you are trying to create (the “Reason,” which together with the Photo is an “Entry”). 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.
All entries become the property of Sponsor and will not be acknowledged or returned. Limit one (1) Entry per person, per household, 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.
If multiple Entries are received from any person or household, only the first Entry will be eligible for judging and all subsequent Entries will be void. All Entries must comply with the “Submission Guidelines and Submission Terms” attached to these Official Rules. Entries with Photos showing only a partial view, or fuzzy or blurry view or those Photos that have a visual effect applied over the image will be disqualified.
Entries may not violate the confidentiality, privacy or publicity rights of any third party or include any intellectual property of third parties, including copyrighted material or thirdparty trademarks. By submitting your Entry in this Contest, you give the Sponsor the rights to use it as stated in the Submission Guidelines and Submission Terms. The Reason and your Entry must be written in English.
Entries will not be acknowledged. Proof of sending or submission will not be deemed proof of receipt by Sponsor. You cannot change, alter, modify or revoke your Entry after submission. All Entries are subject to review by Sponsor and become the sole property of Sponsor. Entries will not be returned.
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. ENTRANTS SHOULD CONSULT THEIR WIRELESS PROVIDER’S PRICING PLANS. MOBILE ENTRY IS NOT REQUIRED TO ENTER OR WIN A PRIZE IN THIS PROMOTION.
- 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.
- ENTRY JUDGING. During the Entry Period (from June 22, 2020 through July 2, 2020), Entries will be reviewed by judges from a panel selected by Sponsor and consisting of employees of the Sponsor’s marketing team to determine whether the Entry complies with these Official Rules and to score each Entry based on the criteria listed below. Judging will be based on the following weighted criteria:
a. Quality and Detail of Photo – 40%
b. Creativity of Paint Project – 40%
c. Quality of 200 Word Written Submission – 20%
- SELECTION OF POTENTIAL PRIZE WINNERS. On or around July 7, 2020, at the discretion of the Sponsor, four (4) Grand Prize winners and twelve (12) First Prize winners, subject to verification of eligibility and compliance with the terms of these Official Rules, will be announced. The potential Grand Prize Winners may be subject to an interview by the Contest judges to determine the authenticity of the Entry, and he/she may be disqualified if the entrant has not complied with these Official Rules, as determined by the Contest judges. Potential Grand Prize Winners may be subject to a background check as determined by the Sponsor in its sole discretion; if the Potential Grand Prize winner has been convicted of a felony or any other crime that would reflect negatively on the Sponsor, the potential Grand Prize Winners may be disqualified and a
runner-up may be notified. Failure to comply with any of these requirements may, at Sponsor’s sole discretion; result in disqualification and a runner-up may be notified. The Grand Prize and First Prize Winners will be announced on or about July 7, 2020.
- NOTIFICATION AND REQUIREMENTS OF POTENTIAL WINNERS AND GRAND
PRIZE WINNERS. Each potential First 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 five (5) 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 (5) 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.
- PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”). Four (4) Grand Prize Winners will each receive one (1) Mini Replica of their space valued at $900 and one (1) $200 The Home Depot Gift Card (each a “Grand Prize”). Twelve (12) First Prize Winners will each receive one (1) $50 The Home Depot e-Gift Card (each a “First Prize”). The gift card may be subject to terms and conditions imposed by the merchant issuing the gift card, including an expiration date. No more than sixteen (16) prizes will be awarded. The aggregate ARV for all prizes is $5,000.
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.
- 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.
- 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.
- 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.
- 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.
- WINNERS’ LIST. For the names of the winners, available approximately two weeks after the end of the promotion, please visit the Promotion landing page at: http:// www.behr.com/minimakeoverscontest
- SPONSOR. The Sponsor of this Promotion is Behr Paint Company.
©2020 Behr Paint Company. All rights reserved.
BEHR PAINT COMPANY
BEHR MINI MAKEOVER CONTEST
SUBMISSION GUIDELINES AND SUBMISSION TERMS
The following are the Submission Guidelines and Submission Terms for Entries in the BEHR Mini Makeovers Contest (the “Promotion”).
I. Submission Guidelines: Each Entry (Reason and Photo) must comply with the following:
A. Cannot defame, misrepresent or contain disparaging 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 a
Submission cannot contain materials that are threatening, harassing, degrading, hateful, intimidating, obscene, indecent, pornographic, violent, illegal or otherwise objectionable or inappropriate, as determined by Sponsor in its sole discretion.
C. Cannot violate the confidentiality, privacy or publicity rights of any third party or include any intellectual property of third parties, including copyrighted material or thirdparty trademarks.
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).
E. Cannot contain or depict any person, and cannot contain materials embodying the names, likeness or other indicia identifying any other person, living or dead.
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 political agenda or message.
G. Cannot advertise or promote any brand or product of any kind (except for products of Sponsor), or contain any personal information, such as names, phone numbers, etc. H. Cannot violate any law. Entries must be the original work owned by the person submitting the Entry.
Entries cannot be made on behalf of any other person. A person may not submit an Entry in which any other person owns or has any rights or interests (including, but not limited to, rights as joint author) and may be required to provide documentation in a form acceptable to Sponsor evidencing such rights and interest, if so required by Sponsor.
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 rights 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.
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 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 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 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.
Once submitted, your Entry cannot be changed, altered or modified.