NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility:
The Sweepstakes 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. Employees of The Sherwin-Williams Company (“Sponsor”), as well as the immediate family (spouse, parents, siblings, and children) and household members of those employees, are not eligible to enter.
2. Timing:
The Sweepstakes begins at 8:00:00 a.m. ET on Wednesday January 20, and ends at 7:00:00 p.m. ET on Saturday January 23 (the “Entry Period”). Sponsor’s computer is the official time-keeping device for the Sweepstakes.
3. How To Enter:
a. Instructions: First, download the free ColorSnap Visualizer app from the Apple App Store for iPhone or iPad or Google Play Store for Android. Next, take a picture to color match your outfit (your “Entry”). Then, post your Entry on Instagram during the Entry Period using #SWColorLove and #AltContest. By entering, you agree to these Official Rules and the #SWColorLove Campaign Terms.
b. Content Requirements: Please make sure your Entry does not: (i) violate anyone else’s rights, including their copyrights, trademark rights, or rights of privacy or publicity; (ii) prominently feature any trademarks or logos; (iii) prominently feature any person other than yourself, unless you can provide Sponsor with written permission from that person; (iv) portray Sponsor or its products in a negative light; or (v) contain any content that is obscene, indecent, or otherwise inappropriate, as determined by Sponsor, in its sole discretion.
c. Rights to Entries: You do not transfer ownership of your Entry by submitting it. However, you do grant Sponsor an irrevocable, perpetual (non-exclusive) right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your Entry — along with your Instagram username and profile picture (in Sponsor’s sole discretion) — in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from you.
4. Drawing:
On or about Monday February 1, 2016, Sponsor will select four (4) potential winners in a random drawing of all entries received. The odds of being selected depend on the number of entries received. Sponsor will attempt to notify potential winner via Instagram direct message to the Instagram account that uploaded the Entry shortly after the drawing.
5. Potential Winner Requirements:
A potential winner may be required to complete and return an affidavit of eligibility and liability/publicity release. If a potential winner fails to sign and return these documents within the required time period or does not claim prize one week after notification from Sponsor, an alternate potential winner may be selected in his/her place in a random drawing of all remaining entries received. Only three (3) alternate potential winners may be contacted.
6. Prizes:
Four (4) winners will each receive a $50 Sherwin-Williams gift card. 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 equal or greater value if the prize is not available for any reason, as determined by Sponsor, in its sole discretion.
7. General Conditions:
In the event that the operation, security, or administration of the Sweepstakes is impaired in any way, Sponsor may, in its sole discretion, either: (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes; or (b) award the prizes at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right, in its sole discretion, to disqualify and seek damages from any individual who tampers with the operation of the Sweepstakes, 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 by mail shall not be deemed proof of receipt of that communication by Sponsor. The Sweepstakes is subject to federal, state, and local laws and regulations and is void where prohibited.
8. Release and Limitations of Liability:
By entering, you agree to release and hold harmless Sponsor, Instagram, their respective parents, subsidiaries, affiliates, and each of their 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) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Sweepstakes or the processing of entries; or (g) injury or damage to persons or property. You further agree that in any cause of action, in no event shall the Released Parties be liable for attorney’s fees. You waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
9. Privacy:
Any information you submit as part of the Sweepstakes will be treated in accordance with Sponsor’s Privacy Policy.
10. Disputes:
You agree that any and all disputes, claims, and causes of action arising out of, or connected with, the Sweepstakes or any prize shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Cleveland, Ohio. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of Ohio, without giving effect to any choice of law or conflict of law rules (whether of Ohio or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Ohio.
11. Sponsor:
The Sweepstakes is sponsored by The Sherwin-Williams Company, 101 West Prospect Avenue, Cleveland, OH 44115. The Sweepstakes is in no way sponsored, endorsed, or administered by Instagram.
12. Sweepstakes Results:
For winners’ names, available after March 1, 2016, send a self-addressed, stamped envelope to Kathy Amend, C/O The Sherwin-Williams Company, 101 West Prospect Avenue, 1060 Guild Hall, Cleveland, Ohio 44115, ATTN: Share Your Signature Color Sweepstakes. Requests must be received by March 31, 2016.