NO INTERNET SUBSCRIPTION OR PURCHASE REQUIRED TO ENTER OR RECEIVE A PRIZE. A PURCHASE DOES NOT IMPROVE YOUR CHANCE OF WINNING.
SWEEPSTAKES ENTRANTS AND PRIZE RECIPIENT MUST BE BOTH (A) LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES (EXCLUDING COLORADO), THE DISTRICT OF COLUMBIA OR CANADA (EXCLUDING THE PROVINCE OF QUEBEC) AND (B) AGED 21 YEARS OR OLDER AT THE TIME OF ENTRY TO BE ELIGIBLE. VOID IN COLORADO, QUEBEC AND WHERE PROHIBITED BY LAW. SWEEPSTAKES SUBJECT TO ALL APPLICABLE FEDERAL, STATE/PROVINCIAL AND LOCAL LAWS AND REGULATIONS. Officers, directors and employees of Sponsor, and its respective parent company, subsidiaries, affiliates, divisions, advertising, promotional fulfillment and/or judging agencies (all such individuals and entities collectively referred to herein as the "Related Entities"), and their immediate families are not eligible to enter the Sweepstakes or win a prize.
THREE (3) WAYS TO ENTER: During the Sweepstakes Period, you may enter the Sweepstakes by A) Going to www.benjaminmooresweeps.com or www.facebook.com/benjaminmoorepaints, and clicking on the Sweepstakes tab. You can then enter the Sweepstakes through the application located in the Sweepstakes Tab. As part of your Facebook Entry, Facebook members must "Like" the Benjamin Moore Paints page, complete the entry form with all of the required information which will consist of your complete name, email address, zip code and agree to the Official Rules; B) You may also use your web-enabled wireless device equipped with a QR Code reader application (downloadable for free via the Internet) to scan the mobile tag featured on point of sale materials displayed in participating Benjamin Moore retailers. Upon scanning the mobile tag, you will be sent to the Entry Form and can enter the Sweepstakes by submitting your email address (A and B collectively, "Online Entries"); or C) Completing an Official Entry Form, available while supplies last, at participating Benjamin Moore retailers which will consist of printing your complete name, email address, mailing address and depositing the Official Entry at the participating retailer (C is collectively, "In-Store Entry"). All In-Store Entries will be sent to Sweepstakes Headquarters by the participating Benjamin Moore retailers. Sponsor is not responsible for incomplete, illegible, lost, delayed, mutilated, stolen, misdirected, late or postage-due Entries or mail or for any participating Benjamin Moore retailer's failure to mail the In-Store Entries to Sweepstakes Headquarters in a timely fashion. Limit one (1) Entry per Facebook account/email address. Regarding Online Entries (i) Standard carrier-specific wireless messaging rates and all applicable taxes apply depending upon the entrant's wireless pricing plan; (ii) Other carrier-specific rates and applicable taxes may also apply in accordance with entrant's wireless customer agreement; (iii) Wireless Entry may be limited and may not be available through all wireless carriers; and (iv) Use of automated entry or similar devices to participate or subvert the entry process is prohibited and all entries submitted through such devices are void. Sponsor, Facebook and the Related Entities are not responsible for any problems or technical, hardware, or software malfunctions of any telephone network or telephone lines, failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or utilized in this Sweepstakes, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or Entry to be received by the Sponsor due to technical problems, human error or traffic congestion, unavailable network connections on the Internet or at any website, or any combination thereof, including, without limitation, any injury or damage to entrant's or any other person's computer relating to or resulting from participating in this Sweepstakes or downloading any materials in this Sweepstakes.
WINNER SELECTION/RANDOM DRAWING: One (1) Grand Prize and two hundred (200) First Prize Winners will be selected in a random drawing from among all eligible Entries received. The random drawing will be conducted on or about November 5, 2012, by Sponsor's representative whose decisions in all matters relating to this Sweepstakes are final and binding. Odds of winning depend upon the number of eligible Entries received. FOR CANADIAN RESIDENTS ONLY: Before being declared a potential Prize Winner, an Eligible Participant who is a Canadian resident will be required to correctly answer a mathematical skill testing question, to be administered by Sponsor, without mechanical or other aid.
PRIZES: ONE (1) GRAND PRIZE: The Grand Prize is a trip for Grand Prize Winner (hereinafter, "Winner") and one (1) guest aged 18 years or older at time of prize awarded (hereinafter, "Guest") to Toronto, Canada to participate in a design consultation with Candice Olson on a date and time designated by Sponsor. The Grand Prize consists of round trip coach air transportation between the major airport nearest Grand Prize Winner's home and Toronto, Canada, for Grand Prize Winner and Guest; two (2) nights hotel accommodations (one room, standard double occupancy accommodations) at a Sponsor-specified hotel; round trip ground transfers between airport and hotel and between hotel and Candice Olson Design Consultation location; a check made payable to Grand Prize Winner in the amount of five thousand dollars ($5,000); and ten (10) gallons of Aura® Paint. The approximate retail value ("ARV") of Grand Prize is $9,650; and TWO HUNDRED (200) FIRST PRIZES: Each First Prize consists of one (1) Candice Olson book and one (1) Candice Olson Designer Picks Benjamin Moore Fan-Deck. The ARV of each First Prize: $35. Total ARV of all prizes: $16,650. Any difference between the stated ARV of any Prize and the actual value of a Prize will not be awarded. In the event the Grand Prize Winner resides within a 180-mile radius of Toronto, Canada, the air transportation portion of the Grand Prize will not be awarded and Sponsor will provide ground transportation between the Grand Prize Winner's home and Toronto, Canada. Sponsor will not reimburse the Grand Prize Winner for any difference between the cost of ground transportation and the cost of air transportation. In the event the Grand Prize Winner is not available to travel on Grand Prize Trip on dates designated by Sponsor, Grand Prize Winner may be disqualified and the Grand Prize may be awarded to an alternate winner in a random drawing from among all remaining eligible entries provided sufficient time remains prior to the Grand Prize Trip date. Grand Prize Winner will be solely responsible for any and all expenses and costs not expressly listed above including, but not limited to, any and all ground transportation between Grand Prize Winner's residence and airport of departure, ground transportation while in Toronto, Canada (not stated herein), meals and beverages, telephone calls, gratuities, baggage fees, travel upgrades and personal incidentals. Grand Prize Winner and Guest must travel on the same itinerary and are responsible for obtaining the necessary travel documents and, if necessary, a valid Passport prior to departure. Grand Prize Winner and Guest must travel on dates designated by Sponsor. Grand Prize Trip is subject to availability and restrictions and blackout dates may apply. If the Guest is deemed a minor under the jurisdiction of his/her state/province of residence, such Guest must be accompanied by a parent or legal guardian. No additional travel expenses or any other aspects of the Grand Prize will be awarded should the Guest's parent or legal guardian be required to accompany the Guest. Sponsor shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by the air carriers or any other persons providing any of these services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same. Sponsor shall not be liable for any loss or damage to baggage. In the event the Grand Prize Winner or Guest becomes disabled or cannot otherwise fully enjoy the Grand Prize due to illness, Sponsor shall have the option at its sole discretion of: (1) being relieved of liability for fulfillment of the prize award or any part thereof; (2) extending the period during which such prize may be awarded for a period equal to the duration of the Grand Prize Winner's or Guest's disability or illness. The Grand Prize Winner or Guest must prove such disability by a doctor's certificate, which certificate shall be endorsed by another physician agreeable to Sponsor and the Grand Prize Winner at Grand Prize Winner's expense. In the event, for whatever reason, the consultation is cancelled, that portion of the Grand Prize will not be awarded and no compensation or substitution will be provided to the Grand Prize Winner. Grand Prize Trip is subject to any and all restrictions instituted by the Department of Defense and/or Department of Homeland Security as required. In the event, for whatever reason, the Candice Olson Design Consultation listed in the Grand Prize description does not or cannot take place as scheduled or at all, for reasons included but not limited to scheduling conflicts, cancellations, postponement, an event of "Force Majeure" (as defined below), or for any other reason, then in lieu of participating in the Candice Olson Design Consultation, the Grand Prize Winner will receive the remaining components, if any, of the Grand Prize, which shall constitute full satisfaction of Sponsor's prize obligation to the Grand Prize Winner, and no other or additional compensation will be awarded.
CLAIMING PRIZES/RELEASES: Prizes are subject to the Sweepstakes Rules and all applicable federal, state/provincial, and local laws. Prizes are not transferable. Federal, state/provincial and local taxes on prizes are sole responsibility of the Prize Winners. Sponsor will not pay for or offset any tax liability on any Prize. No prize substitutions or cash redemptions allowed except by Sponsor, who may substitute a prize of equal or greater value if advertised prize becomes unavailable. Eligibility, age and claims made by potential Winner are subject to verification. Potential Winners will be notified on or about November 12, 2012, by e-mail and/or U.S. Mail or Canadian Post using the information provided at the time of Entry. Potential Grand Prize Winner and Guest will be sent via U.S. Mail and/or e-mail an affidavit of eligibility and a liability and (where imposing such condition is legal) a publicity release, which potential Grand Prize Winner must sign before a notary public and return to Sponsor within five (5) business days of notification or Grand Prize is subject to forfeiture and such prize will be awarded to an alternate winner in a random drawing from among all remaining Entries provided sufficient time remains prior to the Grand Prize Event. If a potential Winner notification or a Prize is returned as undeliverable, selected potential Winner is ineligible, or selected potential Winner declines the prize, that Prize will be awarded to an alternate potential Winner in a random drawing from among all remaining eligible entries. Sponsor is not responsible for fraudulent calls or e-mails made to entrants not by the Sponsor. Grand Prize Winner must supply Sponsor with his/her social security number for tax purposes. The Grand Prize will be awarded provided it is properly claimed.
INTERNET: If for any reason this Sweepstakes is not capable of running as planned due to an infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor or the Related Entities which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the Entry process, and to cancel, terminate, modify or suspend the Sweepstakes. Neither the Sponsor nor any Related Entity assumes any responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Entries. Neither the Sponsor nor any Related Entity is responsible for any problems or technical malfunctions of any telephone network or telephone lines, computer on-line systems, servers, providers, computer equipment, software, failure of any e-mail or Entry to be received by the Sponsor or any Related Entity due to technical problems, human error or traffic congestion on the Internet or at any Web site, or any combination thereof, including any injury or damage to Entrant's or any other persons' computer relating to or resulting from participating in this Sweepstakes or downloading any materials in this Sweepstakes. NEITHER SPONSOR NOR ANY RELATED ENTITY IS RESPONSIBLE FOR INCOMPATIBILITY OF ENTRANT'S HARDWARE, SOFTWARE OR BROWSER TECHNOLOGY WITH SPONSOR'S OR ANY RELATED ENTITY'S HARDWARE, SOFTWARE OR BROWSER TECHNOLOGY. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR OR AFFECTED RELATED ENTITY RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity or eligibility of a Prize Winner based on an e-mail address, the winning Entry will be declared made by the "Authorized Account Holder" of the e-mail address at time of Entry. An "Authorized Account Holder" is defined as the natural person who is aged 21 years or older who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Sponsor may ask any Entrant or potential Prize Winner to provide Sponsor with proof that such party is the authorized account holder of the email account associated with the Entry.
GENERAL: By entering this Sweepstakes, entrants and Prize Winners: (1) agree to be bound by these Official Rules; (2) agree to release Sponsor and the Related Entities from any and all liability for any loss, harm, damages, costs or expenses, including without limitation property damages, personal injury and/or death, due in whole or in part, directly or indirectly, to participation in this Sweepstakes or any Sweepstakes-related activity, or the acceptance, possession, use or misuse of any Prize and claims based on publicity rights, defamation or invasion of privacy and merchandise delivery; and (3) consent to the use of his/her name, voice, picture, and likeness for advertising and promotional purposes in any medium throughout the world, whether now known or hereafter devised, in perpetuity without additional compensation unless prohibited by law, and (4) acknowledge that Sponsor and the Related Entities have neither made nor are responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any Prize, including but not limited to its quality, mechanical condition, or fitness for a particular purpose. Sponsor may discontinue this Sweepstakes at any time. Sponsor may terminate any Sweepstakes or decide to modify it in any manner that it deems fair and equitable to entrants if it becomes aware of any occurrence that would materially affect the Sweepstakes' security and fairness. Sponsor may prohibit individuals from participating in the Sweepstakes and disqualify entries if they (1) attempt to enter the Sweepstakes through any means other than as described in these Official Rules, (2) attempt to disrupt the Sweepstakes or circumvent the terms and conditions of these Official Rules in any way or (3) repeatedly show a disregard for the Sweepstakes Official Rules or act (a) in an unsportsmanlike manner, or (b) with an intent to annoy, abuse, threaten or harass any other entrant or Sponsor. Sponsor's decisions with respect to the Sweepstakes are final.
LIMITATION OF LIABILITY: By participating in this Sweepstakes, entrants agree to release and hold harmless Sponsor and the Related Entities from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize hereunder, 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) errors in the administration of the Sweepstakes or the processing of Entries; or (e) injury or death to a person(s) or damage to property which may be a result, directly or indirectly, in whole or in part, from entrant's participation in the Sweepstakes or entrants' receipt, acceptance, use and/or enjoyment of any Prize. In no event shall Sponsor or the Related Entities be liable for attorney's fees. Each Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. Sponsor and the Related Entities reserve the right to correct typographic, clerical or printing errors in any Sweepstakes materials. Sponsor and the Related Entities are not responsible for any typographical or other error in the printing of this Sweepstakes, the administration of the Sweepstakes or in the announcement of any Prize Winner, including such error as may give an erroneous indication that a Prize has been won. In the event the Sponsor or the Related Entities are prevented from continuing with this Sweepstakes, or the integrity and/or feasibility of the Sweepstakes is undermined by any event including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute, or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state, or local government law, order of regulation, order of any court or jurisdiction, or other cause not reasonably within the Sponsor's or the Related Entities' control (each a "Force Majeure" event) the Sponsor and the Related Entities shall have the right, in their sole discretion, to abbreviate, modify, suspend, cancel or terminate the Sweepstakes without notice or further obligation. If the Sponsor or the Related Entities, in their discretion, elect to abbreviate, cancel or terminate the Sweepstakes as a result of a Force Majeure event, the Sponsor and the Related Entities reserve the right, but shall have no obligation, to award the Grand Prize from among all valid and eligible Entries received up to the time of such Force Majeure event. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with the law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
DISPUTES: Except where prohibited, Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of, or connected with this Sweepstakes or any Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal or state court of New Jersey; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys' fees; and (3) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives 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 the Entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New Jersey, without giving effect to any choice of law or conflict of law rules (whether of the State of New Jersey or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New Jersey. Some jurisdictions do not allow for limitations of certain remedies or damages and so this provision may not apply to you.
WINNERS' LIST: To obtain a list of Prize Winners, (available after November 15, 2012) send a self-addressed, stamped envelope to: Colors By Candice Winners, c/o Centra Marketing & Communications, LLC, 1400 Old Country Road, Suite 420, Westbury, NY 11590. All requests must be received by December 31, 2012.
NATURE OF SPONSOR'S BUSINESS: Manufacturer and distributor of Paints.
Copyright® 2012 Benjamin Moore & Co. All rights reserved.