Benjamin Moore® Designer Spotlight Program Terms and Conditions
No Purchase Necessary to Enter. No Cash Value.
Agreement to these Terms: These Terms and Conditions (“Terms”) apply to Designer Content Program (the “Program”) sponsored by Benjamin Moore Co. (“Sponsor”). These Terms may be modified, cancelled or amended from time-to-time in Sponsor’s sole and absolute discretion by posting revised Terms to the www.benjaminmoore.ca/spotlightterms (the “Site”), and your continued participation in the Program is deemed your consent to be bound to any revised Terms. If you do not agree to the Terms, please do not participate in the Program. Void where restricted or prohibited.
Eligibility: You must be 18 years of age or older and a resident of the fifty (50) United States and District of Columbia or Canada to participate in the Program (eligible “Participants”). Employees of Sponsor or their immediate family or persons living in the same household as such employees are not eligible. All materials, information, documentation and participation in the Program and all issues relating thereto are subject to these Terms, and the interpretations and decisions of the Sponsor (and its authorized representative), which are final and binding. Participation in this Program does not create or constitute any employment relationship between Participants and Sponsor.
Program Period: The Program begins on or about 12:00 am Eastern Time (“ET”) on February 1, 2019 and ends 11:59 pm ET on December 31, 2019 (“Program Period”). Sponsor’s server’s clock shall be the official time-keeping device for all times applicable to the Program. Participants are solely responsible for determining the corresponding time zone in their respective jurisdictions.
Program Submissions: In order to participate, you must compete and submit the information and content release form (“Entry Form”) and photos showing your design using Benjamin Moore paints (including product, color and sheen used (the “Submission”) to the following email address: email@example.com. Each Participant’s Submission will be reviewed by Sponsor representative to determine if the Submission is of a high quality and skill and fits the aesthetic of the Benjamin Moore brand. If selected, Participant and his/her Submission will be featured on Sponsor’s website, social media channels and marketing materials as determined by Sponsor in its sole discretion. Sponsor reserves the right to reject any Submission or Entry Form that violates these Terms. This is a skill-based program and chance plays no decisive part in the determination of featured selections.
Participant Grant: In consideration for the participation in this Program, each Participant grants to Sponsor the worldwide, irrevocable, royalty-free and perpetual right, and right to license others, to reproduce, distribute, create derivative works, display and perform the Submission Materials and to use Participant’s name, likeness and biographical information (including city and state/province of residence) in any and all media and formats, whether now known or hereafter created, including without limitation on the Internet and social media channels and in connection with the Sponsor’s products and services. Participant is not entitled to any monetary compensation or right of approval over the use of the Submissions or Participant’s name, likeness or biographical information. Sponsor has the right to cease use or not to use the Submission or Participant’s name, likeness or biographical information without any obligation or liability to Participant.
Participant Representation: Participants represent that any and all designs, content, materials and information submitted/provided in this Program in whatever form and/or medium (“Submission Materials”) do not violate or infringe the copyright, trademark, patent, privacy, publicity or other right of any third party, and show the Participant’s design work. Submission Materials are Participants’ sole responsibility. Sponsor is not responsible for Submission Materials or any element thereof that are lost, late, damaged, altered, destroyed, forged, tampered with, mutilated, incomprehensible, misdirected, undelivered, illegible, incompatible, incomplete, stolen or otherwise not in compliance with these Program Terms.
General Conditions: Sponsor reserves the right, subject only to the approval of the Régie in Quebec, to modify, terminate or cancel the Program, or any element thereof, at any time without prior notice or liability, and reserves the absolute right to interpret the Terms of the Program. If for any reason the Program, or any element thereof, is impaired, not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, cheating, bots/scripts, mechanical or other artifice, regularly-scheduled maintenance, equipment failure, technical failures, a force majeure event, or any other causes similar or dissimilar which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Program, or any element thereof (as determined by Sponsor in its sole and absolute discretion), Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Program, or any part thereof.
In the event of any discrepancy or inconsistency between the terms and conditions of these English Terms and disclosures or other statements contained in any Content Program-related materials, including, but not limited to, the French version of these Terms, point of sale, television, print or online advertising and/or any instructions or interpretations of these Terms given by any representative of the Sponsor, the terms and conditions of these Terms shall prevail, govern and control to the fullest extent permitted by law.
Limitations of Liability: BY PARTICIPATING IN THE PROGRAM, PARTICIPANTS AGREE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TO RELEASE, DISCHARGE AND HOLD HARMLESS THE SPONSOR AND ITS PARENT, AFFILIATED AND SUBSIDIARY COMPANIES, ADVERTISING AND PROMOTION AGENCIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES, ASSIGNS AND AGENTS (“RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL ALLEGED AND/OR ACTUAL CLAIMS, CAUSES OF ACTION, DEMANDS, LOSSES, SETTLEMENTS (WHETHER OR NOT LITIGATION OR OTHER LEGAL PROCEEDINGS ARE COMMENCED), LIABILITIES AND DAMAGES OF ANY KIND WHATSOEVER EXISTING NOW OR ARISING IN THE FUTURE (INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PERSONAL INJURY, DEATH, DISABILITY AND PROPERTY DAMAGE, VIOLATION OF INTELLECTUAL PROPERTY, PROPRIETARY, PUBLICITY, PRIVACY OR ANY OTHER RIGHT), COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, COURT COSTS, SETTLEMENT AND DISBURSEMENTS) DIRECTLY OR INDIRECTLY ARISING OUT OF PARTICIPATION IN THE PROGRAM AND/OR PROGRAM RELATED ACTIVITY OR USE OF THE SUBMISSION MATERIALS OR PARTICIPANT’S NAME, LIKENESS OR BIOGRAPHICAL INFORMATION BY SPONSOR. The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if Released Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether Participants bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of God or other force majeure, telecommunications failure, compromise or destruction of the Program).
In no event will the Released Parties be responsible or liable for any indirect, incidental, consequential or punitive damages arising out of this Program or participation therein, the use or misuse of an incentive or any element thereof, or access to, and use of any participating Site or the downloading from and/or printing material downloaded from said site(s), or any failure with respect thereto. Without limiting the foregoing, everything on the Site, INCLUDING THE PROGRAM, is provided “AS IS” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. A waiver by Sponsor of any term in these Program Terms and Conditions does not constitute a waiver of any other provision. If any provision is adjudged to be invalid it shall be struck from these Terms and the remainder of the Terms shall remain in full force and effect. Participants waive any applicable statutory and common law that may permit a contract to be construed against its drafter.
Dispute Resolution, Applicable Law and Venue: THIS PROGRAM IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF NEW JERSEY WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Program, Participant agrees that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Program shall be resolved individually, without resort to any form of class action, exclusively before a neutral one person arbitration panel located in or near Montvale, NJ.
For Quebec residents: Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.
Sponsor: Benjamin Moore & Co., 101 Paragon Drive, Montvale, NJ 07645.