Rules

TICKET TO THE TRACK SWEEPSTAKES

OFFICIAL SWEEPSTAKES RULES 

NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT WILL NOT IMPROVE YOUR CHANCES OF WINNING.  

PLEASE READ CAREFULLY - IN THESE OFFICIAL RULES YOU WILL WAIVE AND GIVE UP CERTAIN LEGAL RIGHTS. THESE OFFICIAL RULES CONTAIN A DISPUTE RESOLUTION PROVISION IN APPENDIX 1 THAT REQUIRES ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. IF YOU DO NOT AGREE TO THESE OFFICIAL RULES, DO NOT ENTER THE TICKET TO THE TRACK SWEEPSTAKES.

The TICKET TO THE TRACK SWEEPSTAKES (the "Sweepstakes”) is intended for legal residents of the United States and the following states only: IL, IN, IA, KS, KY, MI, MN, MO, NE, ND, OH, SD, WI, WV, and WY, and shall only be construed and evaluated according to United States law. Do not enter this Sweepstakes if you are not a legal resident of the United States or do not have a permanent address in one of the following states, IL, IN, IA, KS, KY, MI, MN, MO, NE, ND, OH, SD, WI, WV, and WY, at the time of entry.

SPONSOR: Consumer Brands Group, a division of The Sherwin-Williams Company, 101 W Prospect Ave, Cleveland, OH 44113 (the “Sponsor”).

ADMINISTRATORS:  Bazaarvoice, 10901 Stonelake Blvd, Austin, TX 78759 and ViralSweep LLC, PO BOX 953, Cheshire, CT 06410 (the “Administrators”).

ELIGIBILITY: The Sweepstakes is only open to legal residents of the United States, with a permanent address in one the following states : IL, IN, IA, KS, KY, MI, MN, MO, NE, ND, OH, SD, WI, WV, and WY, who are at least eighteen (18) years of age or the age of majority, whichever is older, in their respective permanent jurisdiction of residence at the time of entry (the “Entrants”). The Sponsor, the Administrators, their respective parent companies, employees, officers, directors, subsidiaries, affiliates, distributors, representatives, and advertising and promotional agencies, and the officers, directors, agents, and employees of each of the foregoing, and members of their immediate families (defined as including spouse, biological, adoptive and step-parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above are NOT eligible to participate in this Sweepstakes. Void where prohibited or restricted by law. For the avoidance of doubt, any references in these Rules to Entrants shall also include the Entrants who are deemed the Winners (as defined below).

AGREEMENT TO OFFICIAL RULES: By participating, Entrants agree to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Sweepstakes. Non-eligibility or non-compliance with these Official Rules will result in disqualification. By participating in the Sweepstakes, you also agree to be bound by Sponsor’s Terms of Use.  In the event of a conflict, these Official Rules shall govern. 

This promotion is in no way sponsored, endorsed or administered by, or associated with NASCAR, Facebook, Twitter/X, YouTube, Pinterest, LinkedIn or Google. You understand that you are providing your information to the Sponsor and its Administrators of this Sweepstakes and not to NASCAR, Facebook, Twitter, YouTube, Pinterest, LinkedIn or Google.

PRIVACY POLICY: Information submitted by Entrants with an Entry will be treated in accordance with and will be subject to Sponsor’s Privacy Policy https://privacy.sherwin-williams.com/privacy-policy. By participating in the Sweepstakes and providing any personal contact information, Entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s Privacy Policy. By entering the Sweepstakes, Entrants agree to receive email newsletters periodically and acknowledge their automatic opt-in to the Sponsor’s email database. All subsequent emails from the Sponsor will have an unsubscribe/opt-out option.

SWEEPSTAKES PERIOD: The Sweepstakes begins on May 01, 2024 at 12:00 AM Eastern Time (“ET”) and ends May 31, 2024 at 11:59 PM ET (“Sweepstakes Period”). All online entries must be received by May 31, 2024 at 11:59 PM ET. 

HOW TO ENTER: Complete the online Entry form at the following website (the “Website”) during the Sweepstakes Period: https://app.viralsweep.com/sweeps/full/467def-153526?framed=1

By completing the online Entry form, an Entrant will receive one (1) Entry (an “Entry”) into the Sweepstakes. Entrants can also receive two (2) bonus entries after completing the online Entry, one (1) by Visiting Profile and Following Sponsor on Instagram (https://www.instagram.com/dutchboypaints/); and one (1) for Referring a Friend (using any of the following channels: Email, Linkedin, Facebook, Pinterest, Messenger, and SMS/Text). Limit of three (3) total Entries per Entrant, during the Sweepstakes Period, regardless of method of entry.

The Entrant must fulfill all Sweepstakes requirements, as specified, to be eligible to win a Prize. Entries that are not complete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Sponsor. You may not enter more times than indicated by using multiple email addresses, identities or devices in an attempt to circumvent the rules. If you use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of Sponsor.

Proof of Entry information at the Website is not considered proof of delivery to or receipt by Sponsor of an Entry. Entries made by any other individual or any entity, and/or originating at any other website or email address, including, but not limited to, commercial Sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. The use of automated entry devices is prohibited, and no mechanically reproduced entries are allowed; all such entries will be void.  Entries that otherwise violate Administrator’s Authenticity Policy (https://www.bazaarvoice.com/legal/authenticity-policy/) will  also be void.  

The Sponsor and the Administrators, and each of their respective parent and affiliate companies and each of their vendors, suppliers, consultants, sub-contractors, distributors, legal counsel and advertising, marketing, public relations and promotional/fulfillment agencies, and each of their respective parent companies and each such company's officers, directors, employees and agents (collectively, the “Released Parties”) are not responsible for: late, incomplete, delayed, undelivered, or misdirected entries. All entries become the exclusive property of Sponsor and will not be acknowledged or returned. 

PRIZES, APPROXIMATE RETAIL VALUE (“ARV”) & ODDS OF WINNING: There will be two (2) Grand Prize Winners, (one (1) Homeowner/DIY (“DIY”), and one (1) Professional Contractor/Paint Professional (“Pro”)) and ten (10) Runner-Up Pit Kit Winners, (five (5) DIY and five (5) Pro). A total of twelve (12) Prizes will be awarded. Total ARV of all Prizes is Nine Thousand Dollars ($9,000). All other expenses associated with Prize acceptance or usage not specifically mentioned herein are the responsibility of the Winners. You are not guaranteed to win a Prize, the odds of winning depend on the number of eligible entries received during the Sweepstakes Period.

THE PRIZES: 

Two Grand Prize Winners: Each Grand Prize Winner will receive: one (1) Pit Kit, hotel accommodations for two (2) for two (2) nights, a Five Hundred Dollar ($500) Visa gift card for travel expenses, and two (2) VIP tickets with VIP event access to the race experience in Chicago, July 6-7, 2024. ARV for each Grand Prize is Three Thousand Dollars ($3,000), with a total ARV of Six Thousand Dollars ($6,000).

VIP event access includes: Daily passes to Harbor Suite, 2-day event access to races and concert, all-inclusive premium food and beverage provided (alcohol not included), access to pre-race and driver introductions on Sunday, access to dedicated VIP area at concert venue for suite patrons to enjoy the show separate from general admission.

Ten Runner-Up Individual Pit Kit Winners: Each Runner-Up Pit Kit Winner will receive a prize pack with Dutch Boy®-branded swag and gifts, including, but not limited to: Yeti Colster can, hat, Bluetooth speaker, backpack, t-shirt. The ARV for each Pit Kit is Three Hundred Dollars ($300), with the total ARV of Three Thousand Dollars ($3,000)

Actual/appraised value may differ at time of Prize award. The specifics of the Prize shall be solely determined by the Sponsor.

WINNER SELECTION AND NOTIFICATION: On or about June 3, 2024, two (2) Grand Prize Winners (one (1) DIY and one (1) Pro), and ten (10) Runner-Up Individual Pit Kit Winners (five (5) DIY and five (5) Pro) based on your designation at time of entry, a total of twelve (12) potential winners will be randomly selected by the Administrator. Each Winner is considered a potential winner pending verification of his/her eligibility and compliance with these Official Rules. Potential winners will be notified via email at the email address they used to enter the Sweepstakes within five (5) days following the potential winner selection. Sponsor shall have no liability for a potential winner's failure to receive notice due to potential winner’s privacy or spam filter settings which may divert any email, including any potential winner notification email, to a spam or junk folder or other security settings or for potential winner’s provision of incorrect or otherwise non-functioning contact information. 

Sponsor will attempt to notify each potential winner as set forth above, but if the Prize is unclaimed, unredeemed, or returned as undeliverable, the Prize may be awarded to an alternate winner, randomly selected from among all remaining eligible entries received, as determined by Sponsor in its sole discretion. The Prize is non-transferable and no assignment, substitution, exchange or cash equivalent will be allowed, except by Sponsor, who reserves the right to substitute the Prize with a prize of equal or greater value in case of unavailability of the Prize or force majeure, at Sponsor’s sole and absolute discretion. The Winners are solely responsible for all matters relating to the Prize after it is awarded. 

Each potential winner may be required to sign and return a W-9 and/or an Affidavit of Eligibility/Liability and Publicity Release (“Affidavit & Release”) (except where prohibited by law) and any other requested documents within fifteen (15) calendar days from the date of notification. Failure to provide all required information and a signature on the documents within the stated time period may result in forfeiture of a potential winner’s right to claim his/her Prize, and may result in the Prize being awarded to an alternate winner. If a potential winner is disqualified, found to be ineligible, not in compliance with these Official Rules, or declines to accept the Prize, the respective Prize may be forfeited. If the Prize is forfeited, the Prize may be awarded to an alternate winner, randomly selected from among all remaining eligible entries received, as determined by Sponsor in its sole discretion. A limit of two alternate potential winners may be selected. If, after a good-faith attempt, Sponsor is unable to award or deliver the Prize, the Prize may not be re-awarded.

Upon verification of eligibility, the Winner will be contacted to finalize arrangements to receive the Prize. Winner shall be solely responsible for payment of any and all applicable federal, state, and local taxes for his/her Prize won. The Prize will only be awarded to a verified Winner. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT SPONSOR'S SOLE DISCRETION) WILL RESULT IN SUCH WINNER'S DISQUALIFICATION FROM THE SWEEPSTAKES AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED

RIGHTS GRANTED BY YOU:  By participating in this Sweepstakes, the Winner grants to the Sponsor and Sponsor’s designee the perpetual right and permission to use his/her name, address (city and state), biographical information, likeness, voice, picture, photograph or opinions, and other information and content provided in connection with the Sweepstakes for promotion, trade, commercial, advertising and publicity purposes in all media worldwide including, but not limited to, on television, social media and the Internet, without notice, review or approval and without additional compensation, except where prohibited by law.  

GENERAL CONDITIONS: If for any reason the operation or administration of this Sweepstakes is impaired or incapable of running as planned for any reason, including but not limited to (i) infection by computer virus or bugs, (ii) tampering or unauthorized intervention, (iii) fraud, (iv) technical failures, or (v) any other causes beyond the control of the Sponsor or Administrators 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/or to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice and award the Prizes using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Administrators reserve the right, at their sole discretion, to disqualify any individual deemed to be tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or Sponsor’s Website; or acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE 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 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. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to the identity of a Winner based on an email address, the winning entry will be declared by the authorized account holder of the email address associated with the Entry in question. “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. If the identity of the individual who actually participated in the Sweepstakes cannot be resolved to Sponsor's satisfaction, the affected individual's entry will be deemed ineligible.

RELEASE AND LIMITATION OF LIABILITY: By participating in the Sweepstakes, Entrants agree to release and hold harmless 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: (i) any technical errors that may prevent an Entrant from submitting an Entry; (ii) unauthorized human intervention in the Sweepstakes; (iii) printing errors; (iv) errors in the administration of the Sweepstakes or the processing of Entries; or (v) injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt or use of any Prize. Released Parties assume no 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. Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any email or Entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to Entrant's or any other person's computer relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes. The Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF PARTICIPATION IN THIS SWEEPSTAKES OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZES. By participating, Entrants release and agree to hold harmless the Released Parties from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in this Sweepstakes or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of the Prizes. The Winners also acknowledge that 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 Prizes. Released Parties are not liable in the event that any portion of the Sweepstakes is canceled due to weather, fire, strike, acts of war or terrorism, pandemic, or any other condition beyond their control. 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.

EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES, ARE HEREBY EXPRESSLY WAIVED BY HIM/HER.  SECTION 1542 READS AS FOLLOWS:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

SEVERABILITY: The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, the other provisions will remain in effect and will be construed as if the invalid or unenforceable provision were not contained herein.

DISPUTES: Except where prohibited by law, Entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any Prize awarded shall be resolved individually, without resort to any form of class action, as further explained in Appendix 1. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Entrants, Administrators, and Sponsor in connection with the Sweepstakes shall be governed by and construed in accordance with the laws of the State of Ohio, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s or jurisdiction’s laws other than the State of Ohio. 

WINNERS LIST: To request confirmation of the name, city, and state of residence of each Winner, please send a self-addressed, stamped business size envelope, by August 31, 2024 to: ASC/VS-SW Ticket to the Track Sweepstakes Winners List Request, 300 State St., Suite 402, Rochester, NY 14614.

APPENDIX 1 - DISPUTE RESOLUTION

PLEASE READ THIS DISPUTE RESOLUTION PROVISION CAREFULLY.  IT REQUIRES YOU AND SHERWIN-WILLIAMS TO ARBITRATE DISPUTES ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM EACH OTHER.

a.      Arbitration Agreement and Jury Waiver. You and Sherwin-Williams mutually agree to resolve all Disputes (as defined below) in arbitration, as set forth in more detail below. Both you and Sherwin-Williams are each giving up the right to have disputes resolved in court before a judge and/or jury (except as stated otherwise in this section), to the fullest extent of the law. The word “Disputes” means any past, existing, currently pending and/or future disputes, claims, suits, actions, causes of action, losses, liabilities, and/or demands of any kind in any way relating to, in connection with, or arising out of the Sweepstakes or your participation therein, other than claims in which either party seeks injunctive or other declaratory relief to prevent the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents, and individual actions brought in small claims court for disputes fully within the scope of such court's jurisdiction.

b.      EXPRESS WAIVER OF RIGHT TO JURY TRIAL, CLASS ACTIONS, AND CLASS CLAIMS. AS TO ANY DISPUTE, BOTH SHERWIN-WILLIAMS AND YOU KNOWINGLY AND VOLUNTARILY WAIVE TO THE MAXIMUM EXTENT PERMITTED BY LAW THE RIGHT TO JURY OR BENCH TRIAL; THE RIGHT TO BRING, MAINTAIN, OR PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING, WHETHER IN ARBITRATION OR OTHERWISE; AND ANY NORMAL RIGHTS OF APPEAL FOLLOWING THE RENDERING OF THE ARBITRATOR'S AWARD, EXCEPT AS APPLICABLE LAW PROVIDES FOR JUDICIAL REVIEW OF ARBITRATION PROCEEDINGS. THE ARBITRATOR DOES NOT HAVE THE AUTHORITY TO CONSIDER, CERTIFY, OR HEAR ARBITRATION AS A CLASS ACTION, COLLECTIVE ACTION, OR ANY OTHER TYPE OF REPRESENTATIVE ACTION. ANY DISPUTE RELATING TO THE SCOPE, APPLICABILITY, VALIDITY, OR ENFORCEABILITY OF THIS CLASS WAIVER PROVISION SHALL BE RESOLVED BY A COURT AND NOT THE ARBITRATOR OR ARBITRATION SERVICE PROVIDER.

c.      Pre-Arbitration Notice and Informal Dispute Resolution. In the event that a Dispute arises between us, Sherwin-Williams is committed to working with you to reach a reasonable resolution. Both you and Sherwin-Williams agree that each party will notify the other in writing of any Dispute before initiating arbitration, so that we can try to resolve the Dispute informally and individually, negotiating in good faith. The notice of Dispute must be specific and individual to you and include your name, street address, telephone number, and e-mail, as well as a brief description of the Dispute, the amount of money (if any) at issue, and the specific relief sought. The notice must be signed and include the handwritten signature of, as applicable, either you or a Sherwin-Williams employee, depending on which party is providing notice. Notice sent by you to Sherwin-Williams must be sent to the following e-mail and street addresses:

The Sherwin-Williams Company
101 W Prospect Ave
Cleveland, OH 44115
Attn: Legal Department
Email: dispute@sherwin.com

Notice sent by Sherwin-Williams to you will be sent to the e-mail and/or street address that you provided to Sherwin-Williams in your notice of dispute.

You and Sherwin-Williams then agree to negotiate in good faith about the Dispute through an informal telephonic dispute resolution conference. The conference will be individual to you; multiple people or entities initiating claims cannot participate in the same conference. If either party has counsel, that party's lawyer may participate, but the party also must appear and participate. If and only if we fail to reach an amicable settlement of the Dispute within 60 days after receipt of the written notice of Dispute, then either party may commence an arbitration proceeding with a written demand for arbitration. Compliance with this informal dispute resolution provision is a prerequisite and condition precedent for initiating arbitration. Should disagreement arise, any determination of whether you or Sherwin-Williams complied with this provision will be decided by a court and not an arbitrator. Any limitations period and filing fee or other deadlines will be tolled from the date the Dispute is noticed to the other side until expiration of this 60-day period.

d.      Arbitration Rules and Procedures. Arbitration will be administered by the American Arbitration Association (the "AAA) or, if the AAA is unavailable or unwilling to administer the arbitration for any reason, with another arbitration provider mutually agreed to by the parties. The AAA's Consumer Arbitration Rules, in effect at the time the arbitration is commenced shall govern unless they are inconsistent with these Official Rules, in which case these Official Rules control. (A current version of these rules is available here: https://www.adr.org/Rules or by calling 1-800-778-7879. These rules may be amended from time to time.). Any demand for arbitration filed with the AAA must be individual to you, contain information specific to your Dispute, and be signed and include the handwritten signature of, as applicable, either you or a Sherwin-Williams employee, depending on which party demands arbitration, and the signature of the initiating party's attorney, if either you or Sherwin-Williams is represented by counsel. Any attorney signing a demand certifies, to the best of the person's knowledge, information, and belief, formed after a reasonable inquiry, that: (i) the demand is not being presented for an improper purpose; (ii) the claims and legal contentions are warranted by existing law or a non-frivolous argument for changing the law; and (iii) the factual contentions have or will likely have evidentiary support. Any dispute regarding whether a demand complies with this provision, or whether the AAA Consumer Arbitration Rules and fees apply, will be decided by a court and not the AAA or an arbitrator, and no filing or other arbitration fees or costs will be incurred by the other party until these conditions are satisfied and any disputes resolved.

Any arbitration hearing will be conducted in Cleveland, Ohio by a single arbitrator or as otherwise provided by the Consumer Arbitration Rules. The award of the arbitrator will be final and binding on the parties, and judgment upon such award may be entered in any court of competent jurisdiction. The arbitrator will have the authority to award the same relief that would be available in court under the applicable law for the Dispute, but any relief awarded in arbitration, including any injunctive or declaratory relief, must be consistent with the limitation of liability provisions set out in these Official Rules and must be in favor of and applicable to only the individual party seeking relief, with no preclusive effect in Disputes with other parties. The arbitrator may not award relief for or against any person or entity not a party to the proceeding. More information about the arbitration process is available at www.adr.org.

e.      Federal Arbitration Act. These Official Rules affect interstate commerce, and the interpretation and enforceability of this Dispute Resolution provision will be substantively, procedurally, and exclusively governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the maximum extent permitted by applicable law, except as modified by these Official Rules.

f.       Confidentiality. Any arbitration will be confidential, and documents exchanged may not be used or shared outside of the arbitration process without the prior written consent of the parties or as required by law. Also, except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right.

g.      Arbitration Fees and Costs. The filing party must pay the filing and other fees and costs of arbitration as provided by the AAA Rules. The parties will share the arbitrator's compensation equally, unless you submit specific and individualized evidence that arbitration fees or costs are unduly burdensome for you as compared to the costs of litigation, the arbitrator determines that arbitration fees or costs would be unduly burdensome to you, and the AAA refuses to grant you a waiver of those fees or costs. Any arbitration fees or costs paid by a party are subject to fee- or cost-shifting to the other party, if the arbitrator determines that the matter is frivolous or brought for an improper purpose. Each party will pay its own deposition, witness, expert, and attorneys' fees and other expenses to the same extent as if the matter were being heard in court. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees and costs, or if there is a written agreement providing for attorneys' fees and costs to be awarded to the prevailing party, the arbitrator may award reasonable attorneys' fees and costs in accordance with the applicable statute or written agreement. The arbitrator will resolve any dispute as to the reasonableness of fees or costs awarded under this paragraph.

h.      Multiple Individual Claims. Arbitration is intended to be an efficient and fair process for resolution of Disputes for both parties. It is, accordingly, a breach of this arbitration agreement and Official Rules to bring or file an arbitration demand as part of a collection of multiple individual claims for the purpose of requiring the other party to incur excessive filing fees through the AAA or other arbitration provider. Should 50 or more similar arbitration demands presented by or with the assistance or coordination of the same law firms or organizations be submitted to AAA or another arbitration provider against Sherwin-Williams within a 30-day period (or otherwise in close proximity), then the parties will discuss, negotiate, and work in good faith with the AAA or other provider to develop effective, reasonable, and cost-efficient procedures that minimize filing and other fees to the parties in the arbitration but maintain individualized arbitrations of the Disputes. The question of whether the parties have complied with this provision is reserved for the court and not the arbitrator or AAA.

i.       Litigation of Small Claims and Intellectual Property Disputes. Each party retains the right (i) to elect to have any claims heard in small claims court on an individual (non-class, non-representative) basis for Disputes within the scope of such court's jurisdiction, up to thirty (30) days after the party is given notice of the filing of an arbitration demand, and (ii) to seek injunctive or other relief in any court of competent jurisdiction regarding any intellectual property dispute between the parties in which either party seeks injunctive or other equitable relief to prevent the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. You hereby irrevocably consent to jurisdiction and venue of the State, Federal, and other courts of the State of Ohio with respect to any such injunctive or other relief. The parties acknowledge that their respective rights in their intellectual property are of a special, unique, extraordinary character, giving those rights peculiar value, the unauthorized use, disclosure, or loss of which cannot be readily estimated and may not be adequately compensated for in monetary damages.