BEHRPROSM EXPERIENCE 2013 SWEEPSTAKES
SWEEPSTAKES OPEN TO LEGAL RESIDENTS OF THE 48 CONTIGUOUS UNITED STATES AND DISTRICT OF COLUMBIA, 21 AND OLDER. NOT OPEN TO RESIDENTS OF ALASKA AND HAWAII. ENTRANTS MUST BE A CONTRACTOR OR SKILLED TRADE WORKER IN CONSTRUCTION AND CURRENTLY EMPLOYED IN THE CONSTRUCTION INDUSTRY (e.g., GENERAL CONSTRUCTION, PAINTING AND WALL COVERINGS, PROPERTY MANAGEMENT OR REMODELING). SEE COMPLETE ELIGIBILITY RULES BELOW.
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED BY LAW.
Sweepstakes Period: The BehrProSM Experience 2013 Sweepstakes (“Sweepstakes”) begins at 12:01 A.M. ET on April 22, 2013 and ends at 11:59 P.M. ET on September 30, 2013 (the “Sweepstakes Period”).
Eligibility: This Sweepstakes is open to any legal resident of the 48 contiguous United States and District of Columbia (void in Alaska and Hawaii) who is at least 21 years old as of the date of entry, and is actively employed in the construction industry as a licensed or accredited contractor or skilled trade worker (or a member of a leading or recognized industry trade association) engaged in General Construction, Painting and Wall Coverings, Property Management or Remodeling. Employees of Behr Process Corporation (“Sponsor”), and its parent, subsidiary, and affiliate companies and its marketing, advertising and promotional agencies, and The Sweepstakes Center, Inc. (the “Promotion Operator”), Sandbox Marketing, SmartLead, The Home Depot, Inc., and in all cases members of their immediate families (spouses, parents, children, and siblings and their spouses), and/or those living in the same household of any of them (whether or not related) are not eligible. Void where prohibited or restricted by law. All applicable federal, state and local laws apply. By participating, entrant acknowledges that he or she is in good legal standings; for example, winner has not been convicted of a felony, does not have multiple complaints against him or her as a professional, contractor or skilled trade worker. If selected as the potential winner, entrant agrees that the Sponsor has the right to investigate entrant’s background and declare the entrant ineligible if the he or she is found not to be in good legal standing, and any decision is at the sole discretion of the Sponsor.
How to Enter: To enter visit www.behrproexperience.com during the Sweepstakes Period and complete and submit the online registration form. Online entries must be received by 11:59 P.M. ET on September 30, 2013. All entries must be complete to be eligible. All entries become the property of Sponsor and will not be returned. Limit: one entry per person. Any attempt by any entrant to submit more than one entry by using multiple email addresses, identities, registrations, or any other methods will void that participant's entries and that participant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification.
Drawing: The name of the potential Grand Prize Winner (subject to eligibility confirmation) will be selected on or about October 14, 2013 in a random drawing conducted by the Promotion Operator, an independent judging agency, whose decisions will be final in all matters pertaining to this promotion, from among all eligible entries received. The potential Grand Prize Winner will be notified by mail within approximately ten (10) days of drawing and will be required to execute and return an Affidavit of Eligibility/Compliance & Publicity/Liability Release within ten (10) days of date of mailing of notification. If the potential Grand Prize Winner fails to timely return the Affidavit, then a new potential Grand Prize winner will be selected. Failure to timely return required documents, or if prize notification is returned as undeliverable, the Grand Prize will be forfeited and an alternate winner will be selected. Forfeiture of the prize will also result if the potential winner did not comply with these Official Rules, if Sponsor is unable to contact the potential winner within a reasonable time period or if the prize notification is returned as undeliverable.
Prizes/Approximate Retail Value/Odds: Two (2) Grand Prizes are awarded to each of the two (2) winners. Each Grand Prize consists of one BehrPro Custom Paint trailer equipped with a tool kit, having an Approximate Retail Value ("ARV") of $12,000 (as estimated for purposes of these Officials Rules). If the actual value of the Grand Prize is less than the stated AVR, the winner will not be entitled to a check, cash or payment for the difference. Trailer shown in promotional materials is for illustration purposes only; trailer awarded as a Grand Prize to winner may differ. Sponsor reserves the right to establish delivery arrangements, which will be at Sponsor’s discretion. All other details of the trailer not stated herein are at the sole discretion of the Sponsor. Prize is not transferable or substitutable, except by Sponsor, with one of equal or greater value. Winner is responsible for all Federal, state, and local taxes and all other costs and expenses not specifically stated above, including but not limited to registration, license, title, insurance fees; the cost of any upgrades, or optional equipment. Odds of winning depend on the total number of eligible entries received. Neither Sponsor nor Promotion Operator makes any representations or warranties with respect to the Grand Prize.
Release & Limitation of Liability: Winner and all entrants, as a condition of entry into this Sweepstakes, agree to release, indemnify and hold harmless Sponsor, Promotion Operator and their respective parents, subsidiaries, affiliated companies, marketing and promotion agencies and each of their respective officers, directors, shareholders, members, employees, agents and assigns and all others associated with the development and execution of this Sweepstakes (collectively, the “Released Parties”) from and against any and all liabilities, claims, actions, lawsuits, judgments, costs and expenses, damages of any kind whatsoever, injuries, or losses to persons or property arising from, resulting from or in connection with the Sweepstakes, submitting an entry or otherwise participating in any aspect of the Sweepstakes, the receipt, ownership, possession, use or misuse of any prize awarded or any typographical or other error in these Official Rules or the announcement of offering of the prize. EACH ENTRANT ACKNOWLEDGES THAT THE RELEASED PARTIES HAVE NEITHER MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE PRIZE, INCLUDING, BUT NOT LIMITED TO, ITS QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. Released Parties are not responsible for (a) lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, Web sites, or other connection, availability or accessibility problems arising in connection with or over the course of the Sweepstakes; (b) communications failed, jumbled, scrambled, delayed, incorrect, incomplete or misdirected electronic communications, computer, telephone or cable transmissions or hardware or software malfunctions, failures or difficulties; (c) failure of personal computers and/or software and hardware configurations, any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical or other error in the offering or announcement of any prize or in any prize notification documents or any other Sweepstakes-related materials; (d) any other errors of any kind relating to or in connection with the Sweepstakes, whether human, mechanical, clerical, electronic, or technical in nature, including, but not limited to, errors which may occur in connection with the administration of the Sweepstakes or the processing of entries; (e) the incorrect or inaccurate capture of information, or the failure to capture any information in connection with the Sweepstakes; (f) damage to a user's system occasioned by participation in this Sweepstakes or downloading any information necessary to participate in this Sweepstakes, or (g) incomplete, illegible, misdirected, damaged, lost entries.
General Conditions: By entering this promotion, entrants agree to abide by these Official Rules. Persons found tampering with or abusing any aspect of this Sweepstakes, as solely determined by Sponsor, will be disqualified and may be subject to prosecution. If in the judgment of Sponsor, the promotion is compromised by virus, bugs, non-authorized human intervention or other causes beyond the control of Sponsor, which corrupts the administration, security, fairness or proper play of the promotion, Sponsor reserves the right, in its sole discretion to discontinue, suspend or terminate the promotion and conduct a random drawing to select potential winners from among all eligible entries received as of the date of its termination of the Sweepstakes. In the event of a dispute as to the identity of a winner based on an email address, the winning entry will be declared made by the authorized account holder of the email address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
Consent: By entering this Promotion, winner grants to Sponsor and its designees the right to use, at Sponsor’s sole discretion, winner’s name, photograph, videotape, likeness, voice, statements, opinions, biographical information and address (city and state) for advertising, promotions and publicity purposes in any and all media now known or hereafter devised, worldwide in perpetuity without limitation and without any additional compensation, permission or notification, except where prohibited by law.
Dispute Resolution: If there is any conflict between any promotional material and these Official Rules, the provisions of these Official rules shall prevail. The resolution of any dispute shall be within Sponsor’s sole discretion. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Sweepstakes shall be governed exclusively by, and construed in accordance with, the substantive laws of the State of Michigan without regard to other states conflicts of law principles. All entrants consent to the jurisdiction and venue in the State of Michigan.
Except where prohibited, by participating in this Sweepstakes, entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this sweepstakes, or awarding of the prize, shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this sweepstakes but in no event attorneys’ fees; and (c) under no circumstances will any participant be permitted to obtain awards for and hereby waives all rights to claim 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. Some jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above may not apply.
Winner List: You may obtain the name of the winner by mailing a self-addressed, stamped envelope, by December 7, 2012 to: Winners List, BehrPro Experience 2013 Sweepstakes, c/o The Sweepstakes Center, P. O. Box 16350, Rochester, NY 14616.
Sponsor: This Sweepstakes is sponsored by Behr Process Corporation, 3400 West Segerstrom Avenue, Santa Ana, CA 92704. The Promotion Operator is The Sweepstakes Center, Inc., P.O. Box 16350, Rochester, NY 14616.
© 2013 Behr Process Corporation. All rights reserved.