The following promotion is intended for viewing in the contiguous 48 United States and D.C. only and will be construed and evaluated according to United States laws. Do not proceed in this site if you are not a legal resident of the contiguous 48 United States or D.C., 21 years or older, and accessing this site in the United States.
PAINT THE IMPOSSIBLE SWEEPSTAKES
NO PURCHASE NECESSARY TO ENTER OR WIN.
A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: The Paint the Impossible Sweepstakes (the “Promotion”) is open only to legal residents of the contiguous 48 United States and D.C. that are 21 years of age or older at the time of entry. Void in Alaska, Hawaii, Puerto Rico, the United States Territories and Possessions, and overseas military installations outside of the states specifically listed herein and where prohibited by law. Employees and members of their households and immediate families (spouses, parents, siblings, children and each of their respective spouses) of the Promotion Entities (as defined below) and their respective subsidiaries, affiliates, advertising and promotion agencies and all local sponsors are not eligible to enter. This Promotion is governed by U.S. law and is subject to all federal, state and local laws and regulations.
2. Sponsor: The Sherwin-Williams Company, 101 W. Prospect, Cleveland, OH 44115 (“Sponsor”).
3. Administrator: The TEAM Group, LLC, P.O. Box 204, Florham Park, NJ 07932 (“Administrator”).
4. Agreement to Official Rules: Participation in the Promotion constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules. Winning a prize is contingent upon fulfilling all requirements set forth in these Official Rules in a timely manner.
5. How to Enter: Beginning at 9:00 a.m. Eastern Time (“ET”) on August 5, 2013, until 5:00 p.m. ET on September 16, 2013 (the “Promotion Period”), you may enter the Promotion by visiting the Food Network website (www.foodnetwork.com/paint) (the “Website”) and completing and submitting the online entry form. Incorrect and incomplete entries are void. Entries received outside of the Promotion Period will be disqualified. Administrator’s computer is the official time-keeping device for the Sweepstakes.
Limit of one (1) entry per eligible person, per day, during the Promotion Period. If multiple entries are received, only the first entry will be accepted and additional entries will be disqualified. Multiple participants are not permitted to share the same email address. Any attempt by a participant to obtain more than one (1) entry per day by using multiple/different email addresses, identities, registrations or logins, or any other methods may void that participant’s entries and that participant may be disqualified from the Promotion. Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents (including, but not limited to, sweepstakes entry services) will void all entries by that entrant. In the event of a dispute as to any online entry, the authorized account holder of the email address used to enter will be deemed to be the entrant. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. A potential winner may be required to show proof of being the authorized account holder. All entries become the property of Sponsor and will not be returned.
7. Publicity/License: Except where prohibited by law, participation in the Promotion constitutes your consent to Sponsor's use of your name, likeness, entry, voice, opinions, biographical information, and state of residence for promotional purposes in any and all media in perpetuity without further payment, consideration, permission, or approval and, upon request, to the giving of consent, in writing, to such use.
8. Release and Limitations of Liability: Sponsor, Administrator, Scripps Networks, LLC, and other participating sponsors (collectively, the “Promotion Entities”), their respective affiliates, subsidiaries, advertising and promotion agencies, and their respective officers, directors, shareholders, employees and agents, and any and all Internet servers and access provider(s) are not responsible for: any incorrect or inaccurate entry information; human error; technical malfunctions; failures, omission, interruption, deletion, or defect of any telephone network, computer online systems, computer equipment, server providers, or software, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participation in this Promotion; inability to access the Website; theft, tampering, destruction, or unauthorized access to, or alteration of entries; 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 web site; printing or human or other errors; and any entries which are late, lost, incomplete, misdirected, stolen, or any combination thereof. Online submission is not considered proof of delivery or receipt.
By entering, all participants and/or entrants also agree to release, discharge, indemnify and hold harmless the Promotion Entities and their respective subsidiaries, representatives and agents, advertising and promotion agencies, promotion partners and prize suppliers, and all of their respective affiliated companies, employees, officers, directors and shareholders, from and against all claims and damages or liability arising in connection with each entrant’s participation and/or entry in the Promotion and/or their receipt or use of any prize awarded in this Promotion or due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in any Promotion-related activity or participation in this Promotion. If by reason of a printing or other error, more prizes are claimed than the number set forth in these rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised prize. No more than one prize will be awarded. Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
9. How Winner will be Determined: The potential Grand Prize Winner (the “Grand Prize Winner”) will be selected in a random drawing from among all eligible entries received on approximately September 23, 2013, by Administrator, and will be contacted by phone on or about September 25, 2013. Sponsor and Administrator’s decisions with respect to the winner and other matters pertaining to the Promotion shall be final and binding. A prospective winner may be required to sign an affidavit of eligibility and release of liability and publicity (where permitted), and return same, properly executed, within five (5) days of issuance of prize notification. If Administrator is unable to contact the prospective winner within three (3) days from first notification attempt, if the prospective winner fails to complete and return all requested forms by the specified date, or if the prospective winner fails to comply with any of the requirements, his/her prize will be forfeited and an alternate prospective winner shall be selected. The odds of winning depend upon the number of eligible entries received for the applicable drawing.
10. Conditions of Entry: Entry materials that have been tampered with or altered are void. If, in the Sponsor or the Administrator’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Promotion, or if computer virus, bugs, unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Promotion, the Sponsor or the Administrator reserve the right at their sole discretion to disqualify any individual who tampers with the entry process and void any entries submitted fraudulently, to modify or suspend the Promotion, or to terminate the Promotion and conduct a random drawing to award the prize using all eligible, non-suspect entries received as of the termination date. Should the Promotion be terminated prior to the stated expiration date, notice will be posted on the Website. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. The failure of Sponsor and/or Administrator to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor, or other “force majeure” event will not be considered a breach of these Official Rules. Sponsor’s failure to enforce any provision of these Official Rules shall not constitute a waiver of that provision.
11. Prize and Approximate Retail Value (“ARV”): Monetary values are expressed herein as U.S. dollars (“USD”). One (1) Grand Prize Winner will receive the following (the “Grand Prize”): a trip for two (2) to the newest Restaurant: Impossible location (the “Venue”), which includes: (i) roundtrip coach class air transportation for Grand Prize Winner and a guest between the major U.S. commercial airport in the contiguous 48 United States and D.C. nearest Grand Prize Winner’s residence and the Venue (airports determined by Sponsor in its sole discretion); (ii) three (3) days and two (2) nights first class hotel accommodations (as determined by Sponsor) (one double occupancy room, room rate and tax only); (iii) a meet and greet with Restaurant: Impossible host Robert Irvine; (iv) two (2) passes to the Restaurant: Impossible reveal/grand opening event at the Venue; (v) dinner for two (2) at a fine dining restaurant; and (vi) one (1) $500 Sherwin-Williams gift card. ARV of the Grand Prize: $3,630 USD. Participation of Robert Irvine has no cash value and if Robert Irvine is unavailable for any reason, the remaining elements of the Grand Prize shall represent Sponsor’s sole liability to the Grand Prize Winner. The actual value of the Grand Prize may vary depending on the city of departure and fluctuations in airfare charges and hotel rooms. Any difference between the actual value of the Grand Prize and the stated ARV (if less than the actual value) will not be awarded.
The specifics of all aforementioned elements of the Grand Prize shall be solely determined by Sponsor. The gift card is subject to the terms and conditions as specified by Sponsor. All costs, taxes, fees, and expenses associated with any element of the Grand Prize not specifically addressed above are the sole responsibility of the Grand Prize Winner. All federal, state and local taxes are the Grand Prize Winner’s responsibility. Grand Prize Winner will be issued a 1099 tax form for the actual value of the respective prize.
Travel must be round trip. Sponsor will determine airline, flight itinerary, hotel, dinner location and accommodations in its sole discretion. If in the judgment of Sponsor air travel is not required due to Grand Prize Winner's proximity to Venue, ground transportation will be substituted for roundtrip air travel at Sponsor's sole and absolute discretion. The difference in value will not be awarded to the Grand Prize Winner. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel and accommodations are subject to availability. Travel is subject to the terms and conditions set forth in this Promotion, and those set forth by the Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. Prize is non-assignable, non-transferable and no substitution, exchange, or cash equivalent will be allowed except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the prize (or a component thereof) for one of equal or greater value if the designated prize should become unavailable for any reason or due to force majeure. All travel must be completed on the dates and times selected by the Sponsor. Due to production schedules, Grand Prize Winner and guest will be given limited notice as to the mandatory travel dates. If Grand Prize Winner is unable to accept the Grand Prize during the time period chosen by the Sponsor, Grand Prize Winner forfeits the Grand Prize in its entirety and an alternate winner may be selected. Some restrictions may apply. Meals not described above, incidentals, tips, telephone calls, or any other personal expenses incurred during the trip are the responsibility of the Grand Prize Winner. Grand Prize Winner and guest are responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that the Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. Grand Prize Winner and guest must travel the same itinerary and on the dates and/or times specified by Sponsor or the Grand Prize will be forfeited in its entirety. Once the guest is selected, he/she may not be substituted, except at the Sponsor’s sole discretion. Travel companion of winner must be at least twenty-one (21) years of age or older and must sign a Liability and Publicity Release. If potential Grand Prize Winner’s travel companion fails to return such documents within date and/or time indicated within such documents, then the potential winner will be disqualified and an alternate winner will be selected. Except where prohibited by law, the winner's entry and acceptance of the Grand Prize constitutes permission for the Promotion Entities to use said winner's travel companion's name, likeness, entry, voice, opinions, biographical information, and state of residence for promotional purposes in any and all media in perpetuity without further payment, consideration, permission, or approval and, upon request, to the giving of consent, in writing, to such use.
12. Disputes/Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these rules, or the rights and obligations of any entrant or the Promotion Entities 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 or provisions that would cause the application or the laws of any jurisdiction other than the State of Ohio. Any action or litigation concerning this Agreement shall take place exclusively in the federal or state courts sitting in Cuyahoga County, Ohio, and each entrant expressly consents to the jurisdiction of and venue in such courts and waives all defenses of lack of jurisdiction and inconvenient forum with respect to such courts. Any and all disputes, claims, and causes of action arising out of or in connection with this Promotion, shall be resolved individually, without resort to any form of class action. Each Entrant agrees to service of process by mail or other method acceptable under the laws of the State of Ohio. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS PROMOTION. ENTRANT HEREBY WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEY'S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, IDENTIFIABLE PERSONS, OR THIRD PARTY PARTICIPANTS, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.
13. Winner’s List/Rules Request: Beginning on or about October 1, 2013, you may obtain the name of the Grand Prize Winner by going to the Website. A copy of these official rules is also available on the Website.