NO PURCHASE NECESSARY TO ENTER, WIN OR CLAIM A PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING.

PLEASE READ CAREFULLY - IN THESE OFFICIAL RULES YOU WILL WAIVE AND GIVE UP CERTAIN LEGAL RIGHTS. THESE OFFICIAL RULES CONTAIN A DISPUTE RESOLUTION PROVISION IN APPENDIX 1 THAT REQUIRES ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. IF YOU DO NOT AGREE TO THESE OFFICIAL RULES, DO NOT PARTICIPATE IN THIS GIVEAWAY.

 

1. Eligibility:

The Sherwin-Williams Purdy Products 2023 Giveaway (“Giveaway”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old (each, an “Entrant”). Employees of The Sherwin-Williams Company (“Sponsor”), its parent, affiliates, subsidiaries and advertising and promotion agencies, as well as the immediate family (spouse, parents, siblings, and children and their respective spouses, regardless of where they reside) and household members of those employees, whether or not related, are not eligible to enter or win.

2. Agreement to Official Rules/Privacy Policy:

Participation in the Giveaway constitutes Entrant’s 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 in these Official Rules in a timely manner. Any information you submit as part of the Giveaway will be treated in accordance with Sponsor's Privacy Policy. In the event of a conflict, these Official Rules shall govern.

3. Entry Period:

The Giveaway begins at 11:00 a.m. Eastern Time (“ET”) on Tuesday, October 24, 2023 and ends at 11:59 p.m. ET on Thursday, October 26, 2023 (the “Entry Period”).

4. To Enter the Giveaway:

During the Entry Period:

• visit Alec Willard’s TikTok page @alecpaintsofficial linked here;
• find the post announcing the Purdy Products 2023 Giveaway details; and
• like and publicly comment on your favorite Purdy Product, and tell us why it’s your favorite.

Via this method, you will receive one (1) entry into the Giveaway. There is a limit of one (1) entry per person. Entries in excess of the stated limitation or entries generated by script, macro, or other means will be void.

Entries must be in keeping with Sponsor’s image and cannot be inappropriate or obscene, or violate the privacy, publicity or intellectual property rights of any third party.

If you do not have a TikTok account, establishing an account is free. All applicable platform terms apply. You can return your account(s) to private and/or unfollow any applicable social account following the announcement of the winners. This Giveaway is in no way sponsored, endorsed, administered by, or associated with TikTok.

5. Drawing/Odds:

On or about Friday, October 27, 2023, Sponsor will select, by random drawing, one (1) potential winner. The winner is considered a potential winner pending verification of his/her eligibility and compliance with these Official Rules. The odds of being selected depend on the number of eligible entries received.

6. Notice to Potential Winners:

Sponsor will attempt to notify the potential winner via direct message to the social account that completed the valid entry requirements, shortly after the drawing. If the potential winner does not respond to the direct message by the date specified in the direct message, an alternate potential winner may be selected from all remaining eligible entries. Only three (3) alternate potential winners may be contacted.

7. Potential Winner Requirements:

The potential winner is subject to verification of eligibility and compliance with these Official Rules. The potential winner will be required to sign and return an Affidavit of Eligibility/Liability and Publicity Release (except where prohibited) within five (5) calendar days from the date of notification or the prize may be forfeited in its entirety and awarded to an alternate winner, at the Sponsor’s sole and absolute discretion. Failure to provide all required information and a signature on the documents within the stated time period may result in forfeiture of a winner’s right to claim his/her prize, and may result in the prize being awarded to an alternate winner, if time permits. Sponsor will attempt to notify the potential winner as set forth above, but Sponsor is not responsible for any undelivered messages, including without limitation messages that are not received because of a winner’s privacy or filter settings which may divert any Giveaway message, including any winner notification message, to a junk folder. Prizes are non-transferable and no prize substitution, exchange or cash equivalent will be allowed, except by Sponsor, who reserves the right to substitute a prize of equal or greater value, at Sponsor’s sole and absolute discretion. Released Parties shall not be held responsible for any delays in awarding the prize for any reason. The winner shall be solely responsible for payment of any and all applicable federal, state, and local taxes for the prize won. Sponsor will issue an IRS Form 1099-MISC for the prize winner. All other costs and expenses not expressly set forth herein shall be solely the winner’s responsibility. The prize will only be awarded to a verified winner.

8. Prizes & Approximate Retail Value (“ARV”):

One (1) Purdy storage box will be awarded, with Purdy products inside. The winner will receive a combination of the following Purdy products:

• 1 Purdy^® Painter’s Storage Box
• 2 Purdy® XL^® Glide^™ brush
• 2 Purdy^® Pro-Extra^® Glide brush
• 2 Purdy^® Nylox^™ brush
• 2 Purdy^® Chinex Elite Dale brush
• 2 Purdy^® XL^® High-Capacity brush
• 1 Purdy^® White Dove^™ roller cover (3 pack)
• 1 Purdy^® Marathon^™ roller cover (3 pack)
• 1 Purdy^® Colossus roller cover (3 pack)
• 1 Purdy^® Premium 10-in-1 Multi-Tool
• 2 Purdy^® Revolution 9” roller frames
• 2 Purdy^® t-shirts

The total ARV of all prizes is $650.

Prizes are awarded “as is” with no warranty or guarantee, either express or implied. Any prize details not specified above will be determined by Sponsor, in its sole discretion. A prize may not be transferred and must be accepted as awarded. A winner may not request cash or a substitute prize; however, Sponsor reserves the right to substitute a prize with another prize of comparable or greater value for any reason, as determined by Sponsor, in its sole discretion. Limit one (1) prize per person. Acceptance of a prize shall constitute winner’s permission that Sponsor have the perpetual right to use winner’s name, address (city and state only), biographical information, likeness, picture and other information and content provided in connection with the Giveaway for promotion, trade, commercial, advertising and publicity purposes in any and all media worldwide, now known or hereinafter devised, without further notice, review, or approval and without compensation, except where prohibited by law.

9. General Conditions:

In the event that the operation, security, or administration of the Giveaway is impaired in any way, Sponsor may, in its sole discretion, either: (a) suspend the Giveaway to address the impairment and then resume the Giveaway; or (b) award the prizes at random from among the non-suspect, eligible entries received up to the time of the impairment, or as otherwise deemed fair and appropriate by Sponsor. Sponsor reserves the right, in its sole discretion, to disqualify, void all associated entries and seek damages, including attorneys’ fees, from any individual who tampers with the operation of the Giveaway or social platform, violates these Official Rules, or acts in a disruptive or unsportsmanlike manner. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Proof of sending any communication to Sponsor shall not be deemed proof of receipt of that communication by Sponsor. The Giveaway is subject to all applicable federal, state, and local laws and regulations and is void where prohibited.

10. Release and Limitations of Liability:

By participating, Entrant agrees to release and hold harmless Sponsor, and their respective parents, subsidiaries, affiliates, and advertising and promotion agencies, and each of their respective officers, directors, employees, and agents (collectively, the “Released Parties”) from and against any claim or cause of action arising out of participation in the Giveaway, or receipt or use of any prize. Entrant further agrees that in any cause of action, the Released Parties liability will be limited to the cost of entering and participating in the Giveaway, and in no event shall the Released Parties 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. Released Parties are not responsible for lost, late, incomplete, inaccurate, stolen, delayed, misdirected, undelivered or garbled entries, comments, email, direct messages, posts or other communications; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Giveaway, including, without limitation, errors or difficulties which may occur in connection with the administration of the Giveaway, the processing of entries, the announcement of the prizes or in any Giveaway-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site or social platform users, tampering, hacking, or by any equipment or programming associated with, or utilized in the Giveaway. Released Parties are not responsible for injury or damage to participants' or to any other person's computer or mobile device related to or resulting from participating in this Giveaway or downloading materials from, or use of the website or any social platform.

11. Disputes:

Except where prohibited, Entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Giveaway or any Prize awarded shall be resolved individually, without resort to any form of class action, as further explained in Appendix 1. 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 Giveaway, 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.

12. Sponsor:

The Sherwin-Williams Company, 101 West Prospect Avenue, Cleveland, OH 44115.

13. Giveaway Results:

To obtain a copy of these Official Rules or for the name of the Winner, which will be available after October 27, 2023 send a self-addressed, stamped envelope to Megan Amantea, C/O The Sherwin-Williams Company, 101 West Prospect Avenue, 1060 Guild Hall, Cleveland, Ohio 44115, ATTN: Purdy Products 2023 Giveaway. Requests must be received by November 10, 2023.

APPENDIX 1 - DISPUTE RESOLUTION

PLEASE READ THIS DISPUTE RESOLUTION PROVISION CAREFULLY. IT REQUIRES YOU AND SHERWIN-WILLIAMS TO ARBITRATE DISPUTES ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM EACH OTHER.

• Arbitration Agreement and Jury Waiver. You and Sherwin-Williams mutually agree to resolve all Disputes (as defined below) in arbitration, as set forth in more detail below. Both you and Sherwin-Williams are each giving up the right to have disputes resolved in court before a judge and/or jury (except as stated otherwise in this section), to the fullest extent of the law. The word “Disputes” means any past, existing, currently pending and/or future disputes, claims, suits, actions, causes of action, losses, liabilities, and/or demands of any kind in any way relating to, in connection with, or arising out of the Event or your participation therein, other than claims in which either party seeks injunctive or other declaratory relief to prevent the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents, and individual actions brought in small claims court for disputes fully within the scope of such court's jurisdiction.
• EXPRESS WAIVER OF RIGHT TO JURY TRIAL, CLASS ACTIONS, AND CLASS CLAIMS. AS TO ANY DISPUTE, BOTH SHERWIN-WILLIAMS AND YOU KNOWINGLY AND VOLUNTARILY WAIVE TO THE MAXIMUM EXTENT PERMITTED BY LAW THE RIGHT TO JURY OR BENCH TRIAL; THE RIGHT TO BRING, MAINTAIN, OR PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING, WHETHER IN ARBITRATION OR OTHERWISE; AND ANY NORMAL RIGHTS OF APPEAL FOLLOWING THE RENDERING OF THE ARBITRATOR'S AWARD, EXCEPT AS APPLICABLE LAW PROVIDES FOR JUDICIAL REVIEW OF ARBITRATION PROCEEDINGS. THE ARBITRATOR DOES NOT HAVE THE AUTHORITY TO CONSIDER, CERTIFY, OR HEAR ARBITRATION AS A CLASS ACTION, COLLECTIVE ACTION, OR ANY OTHER TYPE OF REPRESENTATIVE ACTION. ANY DISPUTE RELATING TO THE SCOPE, APPLICABILITY, VALIDITY, OR ENFORCEABILITY OF THIS CLASS WAIVER PROVISION SHALL BE RESOLVED BY A COURT AND NOT THE ARBITRATOR OR ARBITRATION SERVICE PROVIDER.
• Pre-Arbitration Notice and Informal Dispute Resolution. In the event that a Dispute arises between us, Sherwin-Williams is committed to working with you to reach a reasonable resolution. Both you and Sherwin-Williams agree that each party will notify the other in writing of any Dispute before initiating arbitration, so that we can try to resolve the Dispute informally and individually, negotiating in good faith. The notice of Dispute must be specific and individual to you and include your name, street address, telephone number, and e-mail, as well as a brief description of the Dispute, the amount of money (if any) at issue, and the specific relief sought. The notice must be signed and include the handwritten signature of, as applicable, either you or a Sherwin-Williams employee, depending on which party is providing notice. Notice sent by you to Sherwin-Williams must be sent to the following e-mail and street addresses:

  The Sherwin-Williams Company
  101 W Prospect Ave
  Cleveland, OH 44115
  Attn: Legal Department
  Email: dispute@sherwin.com

  Notice sent by Sherwin-Williams to you will be sent to the e-mail and/or street address that you provided to Sherwin-Williams in your notice of dispute.

  You and Sherwin-Williams then agree to negotiate in good faith about the Dispute through an informal telephonic dispute resolution conference. The conference will be individual to you; multiple people or entities initiating claims cannot participate in the same conference. If either party has counsel, that party's lawyer may participate, but the party also must appear and participate. If and only if we fail to reach an amicable settlement of the Dispute within 60 days after receipt of the written notice of Dispute, then either party may commence an arbitration proceeding with a written demand for arbitration. Compliance with this informal dispute resolution provision is a prerequisite and condition precedent for initiating arbitration. Should disagreement arise, any determination of whether you or Sherwin-Williams complied with this provision will be decided by a court and not an arbitrator. Any limitations period and filing fee or other deadlines will be tolled from the date the Dispute is noticed to the other side until expiration of this 60-day period.
• Arbitration Rules and Procedures. Arbitration will be administered by the American Arbitration Association (the "AAA) or, if the AAA is unavailable or unwilling to administer the arbitration for any reason, with another arbitration provider mutually agreed to by the parties. The AAA's Consumer Arbitration Rules, in effect at the time the arbitration is commenced shall govern unless they are inconsistent with these Official Rules, in which case these Official Rules control. (A current version of these rules is available here: https://www.adr.org/Rules or by calling 1-800-778-7879. These rules may be amended from time to time.). Any demand for arbitration filed with the AAA must be individual to you, contain information specific to your Dispute, and be signed and include the handwritten signature of, as applicable, either you or a Sherwin-Williams employee, depending on which party demands arbitration, and the signature of the initiating party's attorney, if either you or Sherwin-Williams is represented by counsel. Any attorney signing a demand certifies, to the best of the person's knowledge, information, and belief, formed after a reasonable inquiry, that: (i) the demand is not being presented for an improper purpose; (ii) the claims and legal contentions are warranted by existing law or a non-frivolous argument for changing the law; and (iii) the factual contentions have or will likely have evidentiary support. Any dispute regarding whether a demand complies with this provision, or whether the AAA Consumer Arbitration Rules and fees apply, will be decided by a court and not the AAA or an arbitrator, and no filing or other arbitration fees or costs will be incurred by the other party until these conditions are satisfied and any disputes resolved.

  Any arbitration hearing will be conducted in Cleveland, Ohio by a single arbitrator or as otherwise provided by the Consumer Arbitration Rules. The award of the arbitrator will be final and binding on the parties, and judgment upon such award may be entered in any court of competent jurisdiction. The arbitrator will have the authority to award the same relief that would be available in court under the applicable law for the Dispute, but any relief awarded in arbitration, including any injunctive or declaratory relief, must be consistent with the limitation of liability provisions set out in these Official Rules and must be in favor of and applicable to only the individual party seeking relief, with no preclusive effect in Disputes with other parties. The arbitrator may not award relief for or against any person or entity not a party to the proceeding. More information about the arbitration process is available at www.adr.org.

• Federal Arbitration Act. These Official Rules affect interstate commerce, and the interpretation and enforceability of this Dispute Resolution provision will be substantively, procedurally, and exclusively governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the maximum extent permitted by applicable law, except as modified by these Official Rules.
• Confidentiality. Any arbitration will be confidential, and documents exchanged may not be used or shared outside of the arbitration process without the prior written consent of the parties or as required by law. Also, except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right.
• Arbitration Fees and Costs. The filing party must pay the filing and other fees and costs of arbitration as provided by the AAA Rules. The parties will share the arbitrator's compensation equally, unless you submit specific and individualized evidence that arbitration fees or costs are unduly burdensome for you as compared to the costs of litigation, the arbitrator determines that arbitration fees or costs would be unduly burdensome to you, and the AAA refuses to grant you a waiver of those fees or costs. Any arbitration fees or costs paid by a party are subject to fee- or cost-shifting to the other party, if the arbitrator determines that the matter is frivolous or brought for an improper purpose. Each party will pay its own deposition, witness, expert, and attorneys' fees and other expenses to the same extent as if the matter were being heard in court. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees and costs, or if there is a written agreement providing for attorneys' fees and costs to be awarded to the prevailing party, the arbitrator may award reasonable attorneys' fees and costs in accordance with the applicable statute or written agreement. The arbitrator will resolve any dispute as to the reasonableness of fees or costs awarded under this paragraph.
• Multiple Individual Claims. Arbitration is intended to be an efficient and fair process for resolution of Disputes for both parties. It is, accordingly, a breach of this arbitration agreement and Official Rules to bring or file an arbitration demand as part of a collection of multiple individual claims for the purpose of requiring the other party to incur excessive filing fees through the AAA or other arbitration provider. Should 50 or more similar arbitration demands presented by or with the assistance or coordination of the same law firms or organizations be submitted to AAA or another arbitration provider against Sherwin-Williams within a 30-day period (or otherwise in close proximity), then the parties will discuss, negotiate, and work in good faith with the AAA or other provider to develop effective, reasonable, and cost-efficient procedures that minimize filing and other fees to the parties in the arbitration but maintain individualized arbitrations of the Disputes. The question of whether the parties have complied with this provision is reserved for the court and not the arbitrator or AAA.
• Litigation of Small Claims and Intellectual Property Disputes. Each party retains the right (i) to elect to have any claims heard in small claims court on an individual (non-class, non-representative) basis for Disputes within the scope of such court's jurisdiction, up to thirty (30) days after the party is given notice of the filing of an arbitration demand, and (ii) to seek injunctive or other relief in any court of competent jurisdiction regarding any intellectual property dispute between the parties in which either party seeks injunctive or other equitable relief to prevent the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. You hereby irrevocably consent to jurisdiction and venue of the State, Federal, and other courts of the State of Ohio with respect to any such injunctive or other relief. The parties acknowledge that their respective rights in their intellectual property are of a special, unique, extraordinary character, giving those rights peculiar value, the unauthorized use, disclosure, or loss of which cannot be readily estimated and may not be adequately compensated for in monetary damages.