NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS PROMOTION. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID OUTSIDE OF THE UNITED STATES OF AMERICA AND VOID WHERE PROHIBITED BY LAW. INTERNET ACCESS IS REQUIRED. STANDARD DATA AND INTERNET ACCESS RATES MAY APPLY. THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM.

 

1. PROMOTION DESCRIPTION:

The Sherwin-Williams 2021 Color of the Year Sanctuary Gift Box Giveaway (s-w.com/cotyrules), consists of a sweepstakes of liking and commenting on select influencers’ posts promoting the Sherwin-Williams 2021 Color of the Year, Urbane Bronze SW 7048. These influencers are Andrea Schumacher, Anita Yokota, House of Funk, Jean Stoffer Design, John McClain Design, Kerrie Kelly, Mary Elizabeth, Michel Boyd, SG Style, Thistlewood Farms and Vintage Revivals. The sweepstakes promotion language states: “Here’s what to do: Follow me [@instagram handle] + @sherwinwilliams; Like this post; Leave a comment below telling me where you’d use Urbane Bronze in your home; You have until Friday, September 25 at 11:59 p.m. to enter. This giveaway is no way sponsored or endorsed by Instagram. Official rules and restrictions at [URL]. Must be 18+ and live in the US.” (“Promotion”). One selected winner per influencer will win a curated box. Participants are only eligible to win once.

2. PROMOTION PERIOD:

The Promotion begins at 11:00:00 a.m. Eastern Time (“ET”) on September 22, 2020 or whenever the selected influencer posts and ends at 11:59:59 p.m. ET on September 25, 2020 (“Promotion Period”). The Promotion computer is the official timekeeping device for the Promotion based on the time of the comment.

3. ENTRY DEADLINES AND DRAWING DATES:

Entry deadlines and winner selection dates for the Promotion are as follows:

Influencer Social Post Date at 11:00 a.m. ET	Entry Deadline Date by 11:59:59 p.m. ET	Winner Selection Date by 12:00 p.m. ET
09/22/2020	09/25/2020	09/28/2020

4. ELIGIBILITY:

Open to persons who are legal U.S. residents and who are at least 18 years of age as of September 22, 2020. Employees of Sherwin-Williams (“Sponsor”), each of the participating influencers and the immediate families (spouses, parents, children, siblings, grandparents, stepparents, stepchildren and stepsiblings and their respective spouses, regardless of where they reside) and household members of each such person (whether or not related), and their respective parents, affiliates, subsidiaries, retailers, marketers, dealers, advertising agencies, web designers, and Promotion agencies are not eligible to enter or win a prize. Sponsor reserves the right to verify the eligibility of any potential winner.

5. HOW TO ENTER:

To enter the Sweepstakes, during the Sweepstakes Entry Period as stated in Section 2, you must meet the eligibility requirements stated in Section 4, and you Follow the influencer + @sherwinwilliams; Like the influencer’s post; Leave a comment below telling the influencer where you’d use Urbane Bronze in your home (your “Entry”). Your Entry, including your username or profile name, will be entered into an online for entry into the Sweepstakes. While you may have the option to share information about the Sweepstakes via social media or other means, doing so will not change your chance of winning. By entering, entrant represents that his/her submission is his or her original work; that neither the submission itself nor the act of preparing the submission infringes or infringed on the property rights or other rights of any third party; and that the submission has not been submitted in any other Sweepstakes or won any award in any Sweepstakes. Modifying, enhancing or altering a third party’s pre-existing work does not qualify as entrant’s original creation.

You may only submit one Entry per influencer during the Sweepstakes Entry Period. Any Entries generated by script, macro or other automated means or by any means which subvert the entry process are void. All entries become the sole property of the Sponsor and will not be returned.

By entering, you represent that you have read the Official Rules for the Sweepstakes, and that you agree to be bound by all of them, as applicable. Usingone of the entry methods listed above.

6. POST AND COMMENT GUIDELINES:

The Sponsor reserves the right to disqualify any submission that it determines, in its sole and absolute discretion, to contain any content that is obscene, defamatory, dangerous, discriminatory, infringing or otherwise inappropriate or unsuitable for publication to general audiences, or that contains any copyrighted material (third-party trademarks) other than those of Sponsor should entrant choose to include Sponsor’s product(s) in the submission.

7. LIMITATIONS:

Limit one (1) entry per influencer post during the Promotion Period. Any attempt by a person to obtain more than one entry by using multiple or different names or any other methods may void that person's entries as solely determined by Sponsor. In the event of a dispute as to the identity of the winning entry, the entry will be deemed made by the person who posted the submission as determined by Sponsor’s community manager.

8. PRIZES:

The following prize will be awarded to one (1) winner per influencer (11 winners total): [a curated box from Sherwin-Williams, including a notebook, pens, paint swatch, Spotfiy gift card, water bottle, aroma therapy face spray and grower kit (ARV: $111).] The selections will be selected by the Winner Selection Date (see section 3 above). Participants are only eligible to win once.

9. SELECTION OF WINNERS:

The potential winners (one per influencer) will be selected by Sponsor’s agency at random. Odds of winning depend on the total number of eligible entries received during the Sweepstakes Period. The agency will review all eligible entries received by the Entry Deadline Date (see Section 3) to determine the prize winners by random drawings. The decision of the winner(s) is final and binding and not open to dispute of any kind. The influencer will notify the potential winners via social comment on Entry post or a direct message from Sponsor (each such communication, a “Notice”). Potential winners must respond to Sponsor as directed in the Notice within 48 hours. Within forty-eight (48) hours after that, Sponsor will provide you with directions as to how to complete the Prize claim process.

If a potential winner does not respond to Sponsor’s notification and provide the information as directed above within 48 hours or email is undeliverable to the provided address, then potential winner’s entry will be disqualified. Sponsor's determination of ineligibility or noncompliance with these Official Rules will result in disqualification of the entry. If a potential winner’s entry is disqualified for any reason, an alternate winner may be selected. Sherwin-Williams reserves the right to cancel, terminate or suspend this Promotion or any part of this Promotion for any reason. Prize will be shipped to winner at the address they provide. Sherwin-Williams is not responsible for lost, damaged or stolen items.

Winner releases Sponsor and its agents from all claims and damages associated with the use of the prize. No substitutions for prizes and prizes are non-refundable and non-transferable except at sole discretion of Sponsor. Sponsor reserves the right to substitute prize of equal or greater value.

10. GRANTS OF RIGHTS:

Each participant into the Promotion hereby irrevocably grants Sponsor a non-exclusive, perpetual, royalty-free license to use, alter and display any written content in connection with this Promotion or related marketing or promotional activities or materials, in any and all media channels without limitation, worldwide and without additional compensation, notice or approval. Participant grants Sponsor permission to post and/or publish the participant’s name, city/State of residence in connection with any of the above.

11. GENERAL CONDITIONS:

All federal, state and local laws and regulations apply. All federal, state and local taxes, if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided are the sole responsibility of the winner. No cash equivalent, transfer or substitution of any prize is permitted except at Sponsor's sole discretion. Prize acceptance constitutes permission to Sponsor, and their agencies and participating retailers to use the recipient's name and/or likeness for advertising or trade without further compensation in perpetuity, unless prohibited by law. By participating in this Promotion, you agree to be bound by the Official Rules. Material submitted becomes the sole property of Sponsor and will not be returned. Sponsor shall also have the right to take such other measures as it deems necessary in its sole discretion to preserve the integrity of this Promotion. Sponsor is not responsible for (a) lost, late, mutilated, illegible, misdirected, incomplete, or non-delivered mail, posts, text messages or email, or for interrupted or unavailable satellite, network, server, internet service provider, website, telephone or other connections, availability or accessibility, or miscommunications, or failed computer, satellite, telephone or cable transmissions, or lines, or technical failure or jumbled, garbled, corrupted, scrambled, delayed or misdirected transmissions or computer hardware or software or telephone malfunctions, failures, or technical errors or difficulties, or other errors of any kind whether human, mechanical, electronic or network or the incorrect or inaccurate capture of entry or other information or the failure to capture, or loss of, any such information; and (b) any incorrect or inaccurate information, whether caused by website users, or by any equipment or programming associated with or utilized in this Promotion, any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or tampering with or hacking of the website, and (c) any other unforeseeable events. Sponsor reserves the right, at its sole discretion, to (1) disqualify any individual, who tampers with the entry process or operation of the Promotion, and (2) modify, suspend or terminate all or part of this Promotion. Notice of such modification, termination or suspension will be posted on the Promotion entry page, if any, and/or on Sponsor’s primary website. Caution: Any attempt by you to deliberately damage any website or undermine the legitimate operation of this Promotion is a violation of criminal and civil laws, and should such an attempt be made, Sponsor reserves the right to seek damages from you to the fullest extent of the law. Sponsor is not responsible for injury or damage to a participant's or any other person's mobile phone, computer, tablet or any other entry device related to or resulting from participating in this Promotion.

12. LIMITATION OF LIABILITY:

You agree to release and hold harmless Sponsor, Instagram and their respective parents, partners, affiliates, subsidiaries, retailers, marketers, dealers, advertising agencies, web designers, promotion agencies and prize suppliers, and each of their respective officers, directors, shareholders, employees, agents, successors and assigns (collectively, the “Released Parties”) from any and all liabilities, damages, losses, injuries, claims and actions of any kind arising out of or resulting from participation in this Promotion or from the acceptance, use or misuse of any prize or other such benefit including, without limitation, claims based on death, publicity rights, defamation or invasion of privacy. Released Parties 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 Websites; theft, tampering, destruction, or unauthorized access to, or alteration of entries; entries 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; printing, typographical, human or other errors; and any entries which are late, lost, incomplete, delayed, misdirected, stolen, inaccurate, or any combination thereof. Entries are considered only upon receipt. Proof of online submission is not considered proof of delivery or receipt. Released Parties are not responsible for incomplete, misdirected, delayed, undelivered, inaccurate, lost, late, garbled, mutilated, illegible entries, postage-due mail, incorrect or inaccurate transcription of entry, electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft, destruction or unauthorized access to or alterations of entry materials, technical, network, telephone equipment, electronic, computer, hardware or software malfunctions, or limitations of any kind or for entries that for any reason are not received by Sponsor by the stated deadline. Released Parties are not responsible for any error or malfunction that occurs during the Promotion, in the announcement of the prizes, in awarding of more prizes than are intended, or in any promotion-related materials. The Released Parties (i) make no warranty, guaranty or representation of any kind concerning the prizes and (ii) disclaim any implied warranty.

13. DISPUTES:

Except where prohibited, you agree that (1) any and all disputes, claims and 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; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys' fees; and (3) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of you and Sponsor in connection with this 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. PRIVACY STATEMENT:

By participating in this Promotion, you hereby agree to Sponsor's privacy statement which can be found at privacy.sherwin-williams.com/privacy-policy

15. WINNERS LIST:

Any legally required winner's list may be obtained by sending a self-addressed, stamped envelope after the completion of this Promotion to: Sherwin-Williams 2021 Color of the Year Sanctuary Gift Box Giveaway, Winners List Request, INSERT ADDRESS. All such requests must be received by December 1, 2020.

16. SPONSOR:

The Sherwin-Williams Company