The following promotion is intended for the 50 United States and D.C. only and will be construed and evaluated according to United States laws. Do not proceed in this site if you are not a legal resident of the 50 United States or D.C., 21 years or older.
BENJAMIN MOORE’S PAINT IT RIGHT SWEEPSTAKES
OFFICIAL RULES – NO PURCHASE NECESSARY
TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND D.C., 21 YEARS OF AGE OR OLDER. VOID WHERE PROHIBITED.
1. How to Enter: Beginning at 9:00 a.m. Eastern Time (“ET”) on May 14, 2018 until 5:00 p.m. ET June 22, 2018 (the “Promotion Period”), you may enter Benjamin Moore’s Paint it Right Sweepstakes (the “Promotion”) by visiting the HGTV website (www.hgtv.com/paintitright) (the “Website”) and completing and submitting the online entry form (each, an “Online Entry”). Each Online Entry will be entered into the Grand Prize drawing. Limit of one (1) Online Entry, per person, per day. Incorrect and incomplete entries are void. These official rules are also available on the Website and at each participating Benjamin Moore retail location.
Second Chance to Win Entries: During the Promotion Period, after an entrant submits an Online Entry, entrant may follow the links and instructions on the ‘Thank You’ page to receive one (1) second chance entry (a “Second Chance to Win Entry”). Entrants must select their local Benjamin Moore retail store in order to complete the Second Chance to Win Entry. Limit of one (1) Second Chance to Win Entry per person during the Promotion Period. Second Chance to Win Entries will be entered into the Second Chance drawing only.
Bonus Entry via In-store Entry Code: Additionally, you may obtain one (1) bonus entry into the Grand Prize drawing (a “Bonus Entry” and together with the Online Entries, the “Grand Prize Entries”) in either of the following ways: (i) by visiting your local Benjamin Moore retail location and obtaining an entry code (location of Promotion display will vary by store) and following the instructions located on the promotion display to enter the entry code online, or (ii) hand printing your name, complete address and phone number either on a postcard or on a separate piece of paper no larger than 8½ x 11 inches, and mailing the postcard or paper to “Benjamin Moore’s Paint it Right Sweepstakes” P.O. Box 51412, Knoxville, TN 37950. A mail-in Bonus Entry must be postmarked by June 22, 2018, and received by June 29, 2018. Mechanically reproduced or hand stamped entries will not be accepted. Limit of one (1) Bonus Entry per person during the Promotion Period.
If more than one (1) Online Entry is received in a day, only the first Online Entry will be accepted and additional entries will be disqualified. For purposes of this Promotion, a “day” begins at 12:00 a.m. ET and ends at 11:59 p.m. ET, unless specified otherwise.If more than one (1) Second Chance to Win Entry or Bonus Entry is received during the Promotion Period, only the first Second Chance to Win Entry and first Bonus Entry will be accepted and additional entries will be disqualified. Multiple participants are not permitted to share the same email address. Any attempt by you to obtain more than the allowable number of entries by using multiple/different email addresses, identities, registrations or logins, or any other methods may void your entries and you may be disqualified from the Promotion. Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents (including, but not limited to, sweepstakes entry services) will void all entries by you. In the event of a dispute as to any online entry, the authorized account holder of the email address used to enter will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holders.
Note: In order to access the Website and in an effort to optimize each Websites user experience, ad blocking software on your computer needs to be disabled.
2. Eligibility: This Promotion is open only to legal residents of the 50 United States and D.C. who are 21 years of age or older as of the Promotion start date, except employees, agents and members of their households and immediate families (spouses, parents, siblings, children and each of their respective spouses) of the Promotion Entities (as defined below) and their respective parent companies, subsidiaries, franchisees, and affiliates, and their advertising and promotion agencies and all local sponsors.
4. Limitations of Liability: Scripps Networks, LLC dba Home & Garden Television (“Sponsor”), Benjamin Moore, other participating sponsors and Ritway, Inc. (collectively with Sponsor, the “Promotion Entities”) their respective affiliates, subsidiaries, parent, advertising and promotion agencies, and their respective officers, directors, shareholders, employees and agents, and any and all Internet servers and access provider(s) are not responsible for: any incorrect or inaccurate entry information; human error; technical malfunctions; failures, omissions, interruption, deletion, or defect of any telephone network, computer online systems, computer equipment, server providers, or software, including any injury or damage to your or any other computer relating to or resulting from participation in this Promotion; inability to access the Website or a Benjamin Moore retail location; theft, tampering, destruction, or unauthorized access to, or alteration of entries; transactions 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 web site; printing or human or other errors; and any entries which are late, lost, incomplete, misdirected, stolen, or any combination thereof. In-store visit and/or online submission is not considered proof of delivery or receipt. By entering, you agree to release, discharge, indemnify and hold harmless the Promotion Entities and their respective parent companies, subsidiaries, their respective representatives and agents, advertising and promotion agencies, promotion partners and prize suppliers, and all of their respective affiliated companies, employees, officers, directors and shareholders, from and against all claims and damages or liability arising in connection with your participation and/or entry in the Promotion and/or your receipt or use of any prize awarded in this Promotion or due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in any Promotion-related activity or participation in this Promotion. Except where prohibited by law, the winner’s entry and acceptance of the prize constitutes permission for the Promotion Entities to use said winner’s names, photographs, likenesses, statements, biographical information, voices, and city and state addresses on a worldwide basis, and in all forms of media, in perpetuity, without further compensation. If by reason of a printing or other error, more prizes are claimed than the number set forth in these rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available in the prize category in question. No more than the advertised number of prizes will be awarded. You further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
5. How Winner will be Determined: One (1) potential Grand Prize Winner (the “Grand Prize Winner”) will be randomly selected by Sponsor for the Grand Prize drawing, from among all eligible Grand Prize Entries. Additionally, up to four thousand seventy-nine (4,079) potential Second Chance Winners (each a “Second Chance Winner”) will be randomly selected by Sponsor as follows: one (1) Second Chance Winner per participating Benjamin Moore retail location will be randomly selected from among all eligible Second Chance Entries received by that location (as determined via the store selection function previously described under “Second Chance to Win Entries”). If a participating Benjamin Moore retail location does not receive any Second Chance to Win Entries, then no prize will be awarded for that location. The Grand Prize drawing and second chance drawings will occur on or about July 6, 2018.
Each potential winner will be contacted by phone or email on or about July 11, 2018. Sponsor’s decisions with respect to winners, these Official Rules, and all other matters pertaining to the Promotion shall be final and binding. The Grand Prize Winner will be required to sign an affidavit of eligibility and release of liability and publicity (where permitted), and return same, properly executed, within five (5) days of issuance of prize notification. In addition, the prospective winner of the Grand Prize Drawing will be required to sign a background check authorization form and return same, properly executed, within five (5) days of issuance of prize notification. If Sponsor is unable to contact the prospective winner within three (3) days from first notification attempt, if the prospective winner fails to complete and return all requested forms by the specified date, or if the prospective winner fails to comply with any of the requirements, his/her prize will be forfeited and an alternate prospective winner shall be selected. The odds of winning depend upon the number of eligible entries received for the applicable drawing.
6. Conditions of Entry:Entry materials that have been tampered with or altered are void. If in the Sponsor’s opinion there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Promotion, or if computer virus, bugs, unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Promotion, the Sponsor reserves the right at its sole discretion to disqualify any individual who tampers with the entry process and void any entries submitted fraudulently, to modify, suspend, or terminate the Promotion, or to conduct a random drawing to award the prizes using all eligible, non-suspect entries received as of the termination date. Should the Promotion be terminated prior to the stated expiration date, notice will be posted on the Website. In the event of a dispute as to the identity of the 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. CAUTION: ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM YOU TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
Grand Prize: One (1) Grand Prize Winner will receive the following (the “Grand Prize”): (i) $40,000 presented in the form of a check and (ii) a 30-minute design consultation via video chat with Jonathan Scott. Approximate retail value (“ARV”) of the Grand Prize: $40,000.
Second Chance Prizes: Each Second Chance Winner will receive the following (the “Second Chance Prize”): one (1) voucher for two (2) gallons of Benjamin Moore Regal Select paint. ARV of each Second Chance Prize: $100. ARV of all prizes: up to $407,900.
ARV of all prizes: up to $447,900.
Consultation must be redeemed within four (4) months of Grand Prize Winner verification and is subject to availability and must occur on a date as solely determined by HGTV and Sponsor. Participation of Jonathan Scott has no cash value and if HGTV talent is unavailable for all of any portion of the consultation for any reason, the remaining elements of the Grand Prize shall represent Sponsor’s sole liability to the Grand Prize Winner. Should the Grand Prize Winner engage in anti-social or inappropriate activities or behavior (as determined by the Sponsor or HGTV in its sole discretion) in conjunction with the consultation, Sponsor reserves the right to terminate the consultation (with the Sponsor and HGTV having no liability to the Grand Prize Winner) and/or take any other action deemed necessary in its sole discretion so as to protect its rights. Should Grand Prize Winner not have access to the appropriate hardware/software technology so as to participate in the consultation via video chat, consultation will instead be awarded in the form of a telephone call and, in such case, the telephone call shall represent Sponsor’s entire obligation with regard to the consultation element of the Grand Prize.
Second Chance Prize voucher may only be redeemed at the Benjamin Moore location selected by the Second Chance Winner at the time of Second Chance to Win Entry. Additional restrictions and exclusions may apply.
The specifics of all aforementioned elements of the prizes in the Promotion shall be solely determined by Sponsor. All costs, taxes, fees, and expenses associated with any element of any prize not specifically addressed above are the sole responsibility of the respective winner. All federal, state and local taxes on prizes are the prize winner’s responsibility. Grand Prize Winner will be issued a 1099 tax form for the actual value of the Grand Prize.
Prizes cannot be transferred, substituted, or redeemed for cash except at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize, or portions thereof, with a prize of equal or greater value due to prize unavailability for any reason and only then for a prize/prize element of comparable value (as applicable).
8. Disputes/Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these rules, or the rights and obligations of any entrant or the Promotion Entities in connection with the Promotion, shall be governed by and construed in accordance with the laws of the State of Tennessee without giving effect to any choice of law or conflict of law rules or provisions which would cause the application or the laws of any jurisdiction other than the State of Tennessee. Any action or litigation concerning this Agreement shall take place exclusively in the federal or state courts sitting in Knox County, Tennessee, and you expressly consent to the jurisdiction of and venue in such courts and waive all defenses of lack of jurisdiction and inconvenient forum with respect to such courts. Any and all disputes, claims, and causes of action arising out of or in connection with this Promotion, shall be resolved individually, without resort to any form of class action. You agree to service of process by mail or other method acceptable under the laws of the State of Tennessee. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS PROMOTION. YOU HEREBY WAIVE ANY RIGHTS OR CLAIMS TO ATTORNEY’S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, IDENTIFIABLE PERSONS, OR THIRD PARTY PARTICIPANTS, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.
9. Winner List: Beginning on or about August 23, 2018 you may obtain the names of the winners by going to the Website.
10. Sponsor: Scripps Networks, LLC dba Home & Garden Television, 9721 Sherrill Boulevard, Knoxville, Tennessee 37932.
11. Administrator: Ritway, Inc., 1463 E. Weisgarber Rd., Knoxville, TN 37909.