RestoreMyDecor

DUTCH BOY® PAINTS

RESTORE MY DÉCOR™ ‘DESIGN PANEL’ CONTEST

OFFICIAL RULES

NO PURCHASE REQUIRED TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

1. ELIGIBILITY : The Dutch Boy® Paints Restore My Décor ‘Win a Designer’ Contest (the “Contest”) is open only to individuals who are legal residents of the United States and are eighteen (18) years or older at the time of entry. Employees of The Sherwin-Williams Company, Zig.marketing, LLC and their related companies, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Contest is subject to all Federal, state and local laws and regulations and is void where prohibited by law.
2. SPONSOR : The Contest is sponsored by The Sherwin-Williams Company, The Dutch Boy Group, 101 Prospect Avenue, N.W., Cleveland, Ohio 44115 (“Sponsor”).
3. AGREEMENT TO OFFICIAL RULES : Participation in the Contest constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth in these Official Rules in a timely manner.
4. ENTRY PERIOD : The Contest begins on May 24, 2011 at 12:00:01 am Eastern Time ("ET") and ends on September 30, 2011 at 11:59:59 pm ET (the "Entry Period"). Entries received outside of the Entry Period will be disqualified.
5. ENTRY : There are two ways to enter this Contest for a chance to win the Grand Prize of a custom room design and makeover by celebrity designer Danielle Hirsch or a Monthly Prize of a professional design concept from either Danielle Hirsch or one of the Restore My Décor design panelists. Go to the site page at www.restoremydecor.com during the Entry Period and enter the Contest by either: (a) clicking on the link beneath Danielle Hirsch’s photo or (b) clicking on the ‘Enter a Room You Want Restored by Danielle or our Design Panel’ icon. To enter, choose a room in your home that you believe is in need of a custom room design and makeover and submit the following: (a) one picture of your room in JPG format no larger than 3 MB; (b) a written description of your room and why you believe that it needs a design and room makeover and (c) complete the online entry form including name, address, and e-mail address. By entering, you represent and warrant that (a) your entry does not violate any third party’s rights, and (b) that you have complied with these Official Rules. There is no limit to the number of unique rooms submitted; however repeat entry of the same room is prohibited. Any duplicate room entries will be void. Entries that are incomplete or that contain errors, trademarks/logos, copyrighted images or inappropriate/derogatory/defamatory images, language, nudity or profanity will be disqualified. Sponsor is not responsible for lost, late, misdirected, altered, or destroyed entries. All entries become the property of Sponsor and will not be acknowledged or returned. Proof of sending will not be deemed proof of receipt by Sponsor. Sponsor will review all entries. If Sponsor determines, in its sole discretion, that an entry complies with these Official Rules, Sponsor shall post the entry at www.restoremydecor.com within one (1) business day of receipt. Sponsor reserves the right to edit or summarize any written description or picture prior to posting on the site. If at any time an entrant wishes to have their room entry deleted from the website and no longer entered in the Contest, the entrant should contact Zig.marketing, LLC at the address in Section 13 of these Official Rules or by using the “Contact Us” form at the bottom of www.restoremydecor.com.
6. JUDGING; ODDS : Judging of entries will be completed by celebrity designer Danielle Hirsch and the Restore My Décor design panel experts. Judging for each monthly prize will take place within five (5) business days of the end of each month of the Entry Period from among all eligible entries received by 11:59:59 pm ET on the last day of the applicable month. Non-winning entries will be carried forward for subsequent monthly judging and also for a chance to win the Grand Prize. Judging for the Grand Prize shall take place on or about October 1, 2011. Judging of entries will be based on the following Judging Criteria:
   
   

   OPPORTUNITY FOR GREATEST ROOM TRANSFORMATION	:	50%
   UNIQUE ARCHITECTURAL FEATURES OF THE ROOM	:	20%
   CURRENT DÉCOR ITEMS TO USE IN DESIGN	:	20%
   GENERAL CONDITION OF THE ROOM	:	10%

   
   Each entry will be evaluated on a scale of 1-100. Each month, the four (4) entries with the highest scores based on the Judging Criteria for that month shall be declared the potential monthly winners. The entry with the highest overall score based on the Judging Criteria for the entire Entry Period shall be declared the potential Grand Prize winner. In the event of a tie, the judges will re-evaluate the tied entries based on the Judging Criteria using a scale of 1-200. Odds of winning depend on the relative performance and the number of eligible entries received. If the potential winners cannot be contacted within ten (10) days after the first attempt to make contact, such potential winners will be deemed to be ineligible and disqualified. In such event, Sponsor may select alternate potential winners.
7. REQUIREMENTS OF THE POTENTIAL WINNERS : Except where prohibited, the potential winners once contacted may be required to complete and return an affidavit of eligibility and liability/publicity release (the “Affidavit/Release”), within five (5) days of being notified. If a potential winner fails to sign and return the Affidavit/Release within the required time period, such potential winner will be deemed to be ineligible and disqualified. In such event, Sponsor may select an alternate potential winner. If a potential winner is a minor, his/her parent or legal guardian will be required to sign the Affidavit/Release on the potential winner’s behalf.
8. PRIZES: GRAND PRIZE (1): The Grand Prize Winner will receive a room makeover prize package to restore the room entered in the Contest, consisting of expert design consultation and implementation by Danielle Hirsch. The Grand Prize Winner will receive recommendations for design elements to incorporate into the room, such as furnishings, fabrics, and materials to compliment the existing décor as well as Dutch Boy® paint (colors to be determined by Danielle’s design concept; number of paint gallons to be determined by the dimensions of Grand Prize Winner’s room). Danielle will personally travel to the Grand Prize winner’s home with her team and execute her design to restore the room over the duration of two (2) days as mutually agreed by Danielle and the Grand Prize winner. The Grand Prize package includes painting supplies and labor necessary to restore the room; provided, however, the total Grand Prize package awarded will not exceed $5,000.00 USD. Any costs in excess of $5,000.00 USD shall be the sole responsibility of Grand Prize winner. The Grand Prize package must be accepted by December 31, 2011.
   
   MONTHLY PRIZES (32): For the duration of the Contest (8 months), a total of four (4) prizes will be awarded each month. Each monthly prize will consist of the following: Dutch Boy® paint color recommendations, design elements to incorporate into the room, furnishing suggestions, fabrics and materials to compliment the décor as well as a sketch of the restored room. In addition, each entry will be featured on www.restoremydecor.com. In total, thirty-two (32) winners will receive expert design advice on their room from either Danielle Hirsch or the design panel. Approximate retail value of each monthly prize package: $200.00 USD for a total of $6,400.00 USD for all monthly prizes.
   
   The total approximate retail value of all Prizes for the Contest is: $11,400.00 USD. Any costs and expenses not expressly set forth herein are solely each winner’s responsibility. Any applicable Federal, state or local taxes are solely the responsibility of each winner. No cash substitutions or transfers will be permitted, except in Sponsor’s sole discretion; prizes may not be assigned prior to being awarded to winners. Sponsor reserves the right to substitute a prize package with another prize of equal or greater value if advertised prize or any component thereof is not available. An entrant may only win one (1) monthly prize during the Contest but may also win the Grand Prize.
9. PUBLICITY/LICENSE/INFORMATION : Except where prohibited, participation in the Sweepstakes constitutes each winner’s consent to (1) Sponsor’s use of winner’s name, likeness, voice, opinions, biographical information and state of residence; and (2) a non-exclusive license to reproduce winner’s entry and photographs, or any portions thereof, for promotional purposes in any media without further payment or consideration. In addition, all information submitted to Sponsor as part of this Sweepstakes will be treated in accordance with The Sherwin-Williams Company Privacy Policy and is subject to The Sherwin-Williams Company Terms of Use.
10. GENERAL CONDITIONS : Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes, or to be acting in violation of these Official Rules. Any attempt by any person to undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. In the event that the operation, security, or administration of the Sweepstakes is impaired in any way for any reason, Sponsor may, in its sole discretion, either (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules, or (b) award the prizes to the entrants based on the Judging Criteria at the time of the impairment. Sponsor’s failure to enforce any provision of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to the identity of any winner based on an e-mail address, the winning entry will be declared by the authorized account holder of the e-mail address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
11. RELEASE AND LIMITATIONS OF LIABILITY : By participating in the Sweepstakes, entrants agree to release and hold harmless Sponsor and its respective officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) errors in the administration of the Sweepstakes or the processing of entries; (e) any incorrect or inaccurate entry information; (f) inability to access the Sponsor’s website; (g) transactions that are processed late or incorrectly or are incomplete or lost due to computer or electronic malfunction or traffic congestion on the Internet or at any website; or (h) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt of any prize. Entrant further agrees that in any cause of action, Sponsor’s liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall Sponsor be liable for attorney's fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
12. DISPUTES : Except where prohibited, entrant agrees that: (a) any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of Ohio; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys’ fees and or related legal or other expenses; and (c) entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Ohio, without giving effect to any choice of law or conflict of law rules (whether of the State of Ohio or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Ohio.
13. SWEEPSTAKES RESULTS : For winners’ names, available after January 31, 2012, send a separate, self-addressed, stamped envelope to Zig.marketing, LLC, Dutch Boy Paints Restore My Décor ‘Win a Designer’ Contest c/o Nicole Selzer, 4401 Rockside Road, Suite 214, Independence, Ohio 44131. Requests must be received by February 25, 2012.

DUTCH BOY® PAINTS

RESTORE MY DÉCOR™ ‘ASK DANIELLE’ PROMOTION

OFFICIAL RULES

NO PURCHASE REQUIRED TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

1. ELIGIBILITY : The Dutch Boy® Paints Restore My Décor ‘Ask Danielle’ Promotion (the “Promotion”) is open only to individuals who are legal residents of the United States and are eighteen (18) years or older at the time of entry. Employees of The Sherwin-Williams Company, Zig.marketing, LLC and their related companies, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Promotion is subject to all Federal, state and local laws and regulations and is void where prohibited by law.
2. SPONSOR : The Promotion is sponsored by The Sherwin-Williams Company, The Dutch Boy Group, 101 Prospect Avenue, N.W., Cleveland, Ohio 44115 (“Sponsor”).
3. AGREEMENT TO OFFICIAL RULES : Participation in the Promotion constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth in these Official Rules in a timely manner.
4. ENTRY PERIOD : The Promotion begins on May 24, 2011 at 12:00:01 am Eastern Time (“ET”) and ends on December 31, 2011 at 11:59:59 pm ET (the “Entry Period”). Entries received outside of the Entry Period will be disqualified.
5. ENTRY : Go to the site page at www.restoremydecor.com during the Entry Period and enter the Promotion by submitting a decorating question (about painting technique, fabrics, etc.) either in writing or by video upload. Written questions must be less than 200 characters. If you choose to submit a question via video upload, the video must be in mpeg format and less than :30 seconds. You must complete the online entry form including name, address, and e-mail address. By entering, you represent and warrant that (a) your entry does not violate any third party’s rights, and (b) that you have complied with these Official Rules. Limit one (1) entry per person per email address. Written or video entries that are incomplete or that contain errors, trademarks/logos, copyrighted or inappropriate/derogatory/defamatory language, or profanity will be disqualified. Sponsor is not responsible for lost, late, misdirected, altered, or destroyed entries. All entries become the property of Sponsor and will not be acknowledged or returned. Proof of sending will not be deemed proof of receipt by Sponsor. Sponsor will review all entries. If Sponsor determines, in its sole discretion, that an entry complies with these Official Rules, Sponsor shall post the entry at www.restoremydecor.com within one (1) business day of receipt. Sponsor reserves the right to edit an entry prior to posting on the site. If at any time an entrant wishes to have their entry deleted from the website and no longer entered in the Promotion, the entrant should contact Zig.marketing, LLC at the address in Section 12 of these Official Rules or by using the “Contact Us” form at the bottom of www.restoremydecor.com.
6. JUDGING; ODDS : Judging of entries will be completed by celebrity designer Danielle Hirsch and the Restore My Décor design panel experts. Judging for each monthly prize will take place within five (5) business days of the end of each month of the Entry Period from among all eligible entries received by 11:59:59 pm ET on the last day of the applicable month. Non-winning entries will be carried forward for subsequent monthly judging and also for a chance to win the Grand Prize. Judging for the Grand Prize shall take place on or about October 1, 2011. Judging of entries will be based on the following Judging Criteria:
   
   

   UNIQUENESS OF THE QUESTION	:	50%
   BROAD-BASED APPEAL OF THE QUESTION	:	50%

   
   Each entry will be evaluated on a scale of 1-100. Each month, the two (2) entries with the highest scores based on the Judging Criteria for that month shall be declared the potential monthly winners. In the event of a tie, the judges will re-evaluate the tied entries based on the Judging Criteria using a scale of 1-200. Odds of winning depend the number of eligible entries received. If the potential winners cannot be contacted within ten (10) days after the first attempt to make contact, such potential winners will be deemed to be ineligible and disqualified. In such event, Sponsor may select alternate potential winners.
7. REQUIREMENTS OF THE POTENTIAL WINNERS : Except where prohibited, the potential winners once contacted may be required to complete and return an affidavit of eligibility and liability/publicity release (the “Affidavit/Release”), within five (5) days of being notified. If a potential winner fails to sign and return the Affidavit/Release within the required time period, such potential winner will be deemed to be ineligible and disqualified. In such event, Sponsor may select an alternate potential winner. If a potential winner is a minor, his/her parent or legal guardian will be required to sign the Affidavit/Release on the potential winner’s behalf.
8. PRIZES: (32) WEEKLY PRIZES: On or about noon ET on each Friday for the duration of the Promotion, the Sponsor will conduct a random drawing from among all eligible entries received up until the drawing time (regardless of the method of entry) to select one (1) question as the Weekly Prize Winner. A total of thirty-two (32) weekly prizes will be awarded throughout the Promotion. Non-winning entries will be carried forward for subsequent weekly drawings. Odds of winning depend on the number of eligible entries received prior to each drawing. Each weekly prize consists of two (2) gallons of Dutch Boy Refresh® paint, in one color and one sheen of winner’s choice (ARV $50.00 USD). The total approximate retail value of all ‘Ask Danielle’ weekly prizes for the Promotion is $1,600.00 USD. An entrant may only win one (1) weekly prize throughout the Promotion but is also eligible to win a monthly prize.
9. (16) MONTHLY PRIZES: At the end of each month during the Promotion, Danielle will choose two (2) questions from all eligible question entries (regardless of method of entry) submitted up until her selection based on what Danielle believes would be of most interest to the public (see Criteria in Section 6). Danielle will personally answer these two selected questions through a video message that will be posted on the site www.restoremydecor.com in the ‘Ask Danielle’ video section. Approximate retail value of Danielle’s custom décor advice prize package is $200.00 USD. Total approximate retail value of all monthly prizes in this Promotion is $3,200.00 USD. An entrant may only win one (1) monthly prize throughout the Promotion, but remains eligible to win a weekly prize.
   
   If a potential winner cannot be contacted within ten (10) days after the first attempt to make contact, such potential winner will be deemed to be ineligible and disqualified. In such event, Sponsor may select an alternate potential winner. Any applicable Federal, state or local taxes are solely the responsibility of each winner. No cash substitutions or transfers will be permitted, except in Sponsor’s sole discretion; prizes may not be assigned prior to being awarded to winners. Sponsor reserves the right to substitute a prize package with another prize of equal or greater value if advertised prize or any component thereof is not available. The total approximate value of all prizes awarded in this Promotion is $4,800.00 USD.
10. PUBLICITY/LICENSE/INFORMATION : Except where prohibited, participation in the Promotion constitutes each winner’s consent to (1) Sponsor’s use of winner’s name, likeness, voice, opinions, biographical information and state of residence; and (2) a non-exclusive license to post or reproduce winner’s entry or any portions thereof, for promotional purposes in any media (including on www.restoremydecor.com) without further payment or consideration. In addition, all information submitted to Sponsor as part of this Promotion will be treated in accordance with The Sherwin-Williams Company Privacy Policy and is subject to The Sherwin-Williams Company Terms of Use.
11. GENERAL CONDITIONS : Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion, or to be acting in violation of these Official Rules. Any attempt by any person to undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. In the event that the operation, security, or administration of the Promotion is impaired in any way for any reason, Sponsor may, in its sole discretion, either (a) suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Official Rules, or (b) select winners at random from among the eligible entries received up to the time of the impairment. Sponsor’s failure to enforce any provision of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to the identity of any winner based on an e-mail address, the winning entry will be declared by the authorized account holder of the e-mail address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
12. RELEASE AND LIMITATIONS OF LIABILITY : By participating in the Promotion, entrants agree to release and hold harmless Sponsor and its respective officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Promotion or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Promotion; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) errors in the administration of the Promotion or the processing of entries; (e) any incorrect or inaccurate entry information; (f) inability to access the Sponsor’s website; (g) transactions that are processed late or incorrectly or are incomplete or lost due to computer or electronic malfunction or traffic congestion on the Internet or at any website; or (h) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt of any prize. Entrant further agrees that in any cause of action, Sponsor’s liability will be limited to the cost of entering and participating in the Promotion, and in no event shall Sponsor be liable for attorney's fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
13. DISPUTES : Except where prohibited, entrant agrees that: (a) any and all disputes, claims and causes of action arising out of, or connected with, the Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of Ohio; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Promotion, but in no event attorneys’ fees and or related legal or other expenses; and (c) entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Ohio, without giving effect to any choice of law or conflict of law rules (whether of the State of Ohio or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Ohio.
14. PROMOTION RESULTS : For winners’ names, available after January 31, 2012, send a separate, self-addressed, stamped envelope to Zig.marketing, LLC, Dutch Boy Paints Restore My Décor ‘Ask Danielle’ Promotion c/o Nicole Selzer, 4401 Rockside Road, Suite 214, Independence, Ohio 44131. Requests must be received by February 25, 2012.

DUTCH BOY® PAINTS

RESTORE MY DÉCOR™ ‘COMMENT’ SWEEPSTAKES

OFFICIAL RULES

NO PURCHASE REQUIRED TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

1. ELIGIBILITY: The Dutch Boy® Paints ‘Restore My Décor’–‘Comment’ Sweepstakes (the “Sweepstakes”) is open only to individuals who are legal residents of the United States and are eighteen (18) years or older at the time of entry. Employees of The Sherwin-Williams Company, Zig.marketing, LLC and their related companies, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Sweepstakes is subject to all Federal, state and local laws and regulations and is void where prohibited by law.
2. SPONSOR: The Sweepstakes is sponsored by The Sherwin-Williams Company, The Dutch Boy Group, 101 Prospect Avenue, N.W., Cleveland, Ohio 44115 (“Sponsor”).
3. AGREEMENT TO OFFICIAL RULES: Participation in the Sweepstakes constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth in these Official Rules in a timely manner.
4. ENTRY PERIOD: The Sweepstakes begins on May 24, 2011 at 12:00:01 am Eastern Time (“ET”) and ends on December 31, 2011 at 11:59:59 pm ET (the “Entry Period”). Entries received outside of the Entry Period will be disqualified.
5. ENTRY: To enter this Sweepstakes, go to the site page at www.restoremydecor.com during the Entry Period and click on the ‘Comment on any restored rooms’ icon to register. To register to comment on rooms, you must provide your name and email address. Once registered, this will allow you access to the gallery of rooms, where you can view and comment on any room. For each comment you submit, you will receive one (1) entry into the Sweepstakes. There is no limit on the number of comments you may submit; you may comment as often as you would like, on any room. Any comment that contains inappropriate/derogatory/defamatory language or profanity, as determined in Sponsor’s sole discretion, will be disqualified. Sponsor will post comments that comply with these Official Rules at www.restoremydecor.com within one (1) business day of receipt. If at any time an entrant wishes to retract comment from the website, which may result in forfeiting entry into the Sweepstakes, the entrant should contact Zig.marketing, LLC at the address in Section 13 of these Official Rules or by using the “Contact Us” form at the bottom of www.restoremydecor.com.
6. DRAWINGS; ODDS: On or about 12 noon ET on each Friday during the Entry Period and after the end of the Entry Period, the Sponsor will conduct a random drawing from among all eligible entries received up until the applicable drawing time to select one (1) entry as the weekly winner. Non-winning entries will be carried forward for subsequent weekly drawings. Odds of winning depend on the number of eligible entries received on the website prior to each weekly drawing. An entrant may only win one (1) weekly prize throughout the Sweepstakes. If a potential winner cannot be contacted within ten (10) days after the first attempt to make contact, such potential winner will be deemed to be ineligible and disqualified. In such event, Sponsor may select an alternate potential winner.
7. REQUIREMENTS OF THE POTENTIAL WINNERS: Except where prohibited, the potential winners once contacted may be required to complete and return an affidavit of eligibility and liability/publicity release (the “Affidavit/Release”), within five (5) days of being notified. If a potential winner fails to sign and return the Affidavit/Release within the required time period, such potential winner will be deemed to be ineligible and disqualified. In such event, Sponsor may select an alternate potential winner. If a potential winner is a minor, his/her parent or legal guardian will be required to sign the Affidavit/Release on the potential winner’s behalf.
8. (32) WEEKLY PRIZES: A total of thirty-two (32) weekly prizes will be awarded throughout the Sweepstakes. Each weekly prize consists of two (2) gallons of Dutch Boy Refresh® paint, in one color and one sheen of winner’s choice (ARV $50.00 USD). The total approximate retail value of all ‘Comment’ weekly prizes for the Sweepstakes is $1,600.00 USD. Any applicable Federal, state or local taxes are solely the responsibility of each winner. No cash substitutions or transfers will be permitted, except in Sponsor’s sole discretion; prizes may not be assigned prior to being awarded to winners. Sponsor reserves the right to substitute a prize package with another prize of equal or greater value if advertised prize or any component thereof is not available.
9. PUBLICITY/LICENSE/INFORMATION: Except where prohibited, participation in the Sweepstakes constitutes each winner’s consent to (1) Sponsor’s use of winner’s name, likeness, voice, opinions, biographical information and state of residence; and (2) a non-exclusive license to post and reproduce winner’s entry, or any portions thereof, for promotional purposes in any media (including on www.restoremydecor.com) without further payment or consideration. In addition, all information submitted to Sponsor as part of this Sweepstakes will be treated in accordance with The Sherwin-Williams Company Privacy Policy and is subject to The Sherwin-Williams Company Terms of Use.
10. GENERAL CONDITIONS: Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes, or to be acting in violation of these Official Rules. Any attempt by any person to undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. In the event that the operation, security, or administration of the Sweepstakes is impaired in any way for any reason, Sponsor may, in its sole discretion, either (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules, or (b) select winners at random from among the eligible entries received up to the time of the impairment. Sponsor’s failure to enforce any provision of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to the identity of any winner based on an e-mail address, the winning entry will be declared by the authorized account holder of the e-mail address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
11. RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, entrants agree to release and hold harmless Sponsor and its respective officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) errors in the administration of the Sweepstakes or the processing of entries; (e) any incorrect or inaccurate entry information; (f) inability to access the Sponsor’s website; (g) transactions that are processed late or incorrectly or are incomplete or lost due to computer or electronic malfunction or traffic congestion on the Internet or at any website; or (h) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt of any prize. Entrant further agrees that in any cause of action, Sponsor’s liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall Sponsor be liable for attorney's fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
12. DISPUTES: Except where prohibited, entrant agrees that: (a) any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of Ohio; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys’ fees and or related legal or other expenses; and (c) entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Ohio, without giving effect to any choice of law or conflict of law rules (whether of the State of Ohio or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Ohio.
13. SWEEPSTAKES RESULTS: For winners’ names, available after January 31, 2012, send a separate, self-addressed, stamped envelope to Zig.marketing, LLC, Dutch Boy Paints Restore My Décor ‘Comment’ Sweepstakes c/o Nicole Selzer, 4401 Rockside Road, Suite 214, Independence, Ohio 44131. Requests must be received by February 25, 2012.