Rules

“Loyalty Sweepstakes”
OFFICIAL 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 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 Loyalty Sweepstakes.

The “Loyalty Sweepstakes” (the Sweepstakes”) is intended for legal residents of the United States and Canada (excluding Quebec), and shall only be construed and evaluated according to United States law, Canadian law, and applicable state/province law. Do not enter this Sweepstakes if you are not a legal resident of the United States or Canada 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 open to legal residents of the United States and Canada (excluding residents of Quebec) 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. Non-eligibility or non-compliance with any of these Official Rules will result in disqualification. 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. By participating in the Sweepstakes, you also agree to be bound by Sponsor’s Terms of Use, including its dispute resolution provision. In the event of a conflict, these Official Rules shall govern. Winning a Prize (as defined below) is contingent upon fulfilling all requirements set forth herein.

HOW TO ENTER: The Sweepstakes begins at 12:00:01 a.m. Eastern Time (“ET”) on July 1, 2024 and ends at 11:59:59 p.m. ET on December 31, 2024 (“Sweepstakes Period”). The Sponsor’s database computer is the official time-keeping device for the Sweepstakes. The Sweepstakes Period will be divided into six (6) monthly entry periods, each an (“Entry Period”):

During the Sweepstakes Period, there are two (2) ways to Enter (an “Entry”):

• Complete the online Entry form at any of the nine (9) following websites (the “Websites”):
  https://app.viralsweep.com/sweeps/full/be4700-112297?framed=1
  https://app.viralsweep.com/sweeps/full/dc98c5-112296?framed=1
  https://app.viralsweep.com/sweeps/full/e9546a-112295?framed=1
  https://app.viralsweep.com/sweeps/full/e5c079-112294?framed=1
  https://app.viralsweep.com/sweeps/full/6b5c56-112293?framed=1
  https://app.viralsweep.com/sweeps/full/f1b61f-112291?framed=1
  https://app.viralsweep.com/sweeps/full/99ec28-112290?framed=1
  https://app.viralsweep.com/sweeps/full/c9bd0c-112288?framed=1
  https://app.viralsweep.com/sweeps/full/0f8d37-81986?framed=1

After completion of the Entry form, Entrants will be asked to complete a product review. The review form will require Entrants to provide a nickname, email address, and a product review. By completing the review form, an Entrant will receive one (1) Sweepstakes Entry for each approved review. If the Entrant adds at least one relevant photo to the review form, they will receive one (1) additional Entry for each approved review with a photo. Images provided will be treated as approved “User Generated Content” (UGC) and will be governed by the Sponsor’s Terms of Use policy here: https://www.sherwin-williams.com/terms-of-use

• Rejected reviews will not be entered into Sweepstakes. Entrants understand and agree that their product review and nickname may appear on Sherwin Williams website.

OR

• Entrants can also enter the Sweepstakes at the Website without submitting a product review. To do so, an Entrant must check the check-box at the Website opting into receiving the Sponsor’s email newsletter. By opting into the newsletter thru the Website, an Entrant will receive one (1) Entry. All subsequent newsletters will contain a clear unsubscribe/opt-out option.

By completing an Entry form, an Entrant will receive one (1) Entry per Website. Limit nine (9) Entries per Entrant, per Entry Period, regardless of method of entry.

Review Guidelines: Your honest feedback and/or opinion is required. A positive review or endorsement will not increase your chances of winning. The entire review form must be completed. Reviews must not be indecent, obscene, hateful, tortious, defamatory, or libelous or contain material that violates or infringes another’s rights, or contain material that is unlawful in any way. Sponsor reserves the right to reject or disqualify, at its sole discretion, any entrant where it finds the review unlawful, or in violation of these Official Rules.

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. All information submitted by Entrants will be treated according to Sponsor’s privacy policy, available at 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 acknowledge their automatic opt-in to the Sponsor’s email database. All subsequent emails from the Sponsor will have an unsubscribe/opt-out option.

DRAWING AND NOTIFICATION: A total of six (6) potential Winners will be randomly selected throughout the Sweepstakes Period. One (1) potential Winner (“Winner”) will be randomly selected per Entry Period by the Sponsor, whose decisions are final and binding. The drawings will be conducted on or about the 5^th day following the End Date of each Entry Period. Odds of winning a Prize will depend on the total number of eligible entries received during the Entry Period in question (thru all Websites). NOTE: Entries do not carry over into subsequent Entry Periods. The potential Winners will each be contacted by one of the Administrators via phone and/or email.

A potential Winner from Canada will be required to correctly answer a mathematical skill testing question, administered by phone, without assistance of any kind (whether mechanical or otherwise) within a 2-minute time limit in order to be eligible to win the prize. If a potential Winner cannot be contacted and the skill testing question administered, or if potential Winner is determined to be less than the age of majority in his/her province of residence, the prize will be forfeited, and an alternate potential Winner will be selected. There will only be 2 other alternative winners selected.

PRIZES & APPROXIMATE RETAIL VALUE (“ARV”): There will be six (6) Prizes awarded. Each month a Winner will receive a $200 gift card for a participating retailer (“Prize”). The exact Prize awarded will depend on the Website where the selected Winner entered the Sweepstakes. Total ARV of all Prizes: $1,200. All other expenses associated with Prize acceptance or usage not specifically mentioned herein are the responsibility of the Winners. NOTE: No substitution, assignment or transfer of the Prize is permitted, except by Sponsor, who reserves the right to substitute the Prize with another of equal or greater value.

By accepting a Prize, the Winners 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 the Prizes. The Winners will be responsible for all local, state, and federal taxes associated with the receipt of their Prize. The Winners are solely responsible for all matters relating to the Prize after it is awarded. If a Prize or Prize notification is returned as unclaimed or undeliverable to a potential Winner, if a potential Winner cannot be reached or does not comply with Prize notification instructions within three (3) days from the first notification attempt, or if potential Winner is not in compliance with these Official Rules, then such person shall be disqualified and, at Sponsor’s sole discretion, an alternate Winner may be selected for the Prize at issue.

By accepting a Prize, where permitted by law, the Winners grant to the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time their full name, portrait, picture, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification. 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 cancelled 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.

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 Administrator 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 (defined below) 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 its 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 registration 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 LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, Entrants agree to release and hold harmless 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”) 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 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. For New Jersey Residents: nothing herein bars recovery of damages or attorneys’ fees where mandated by statute.

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, AND ANY PROVINCE OR TERRITORY OF CANADA, 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.”

DISPUTES: You and Sponsor agree to resolve disputes arising from/in connection with this Sweepstakes or any prize awarded through arbitration on an individual basis, rather than through jury trials or class actions as governed by and further explained in Sponsor’s Terms of Use. 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. By participating in the Sweepstakes, Entrant agrees that: (i) any and all disputes, claims, and causes of action arising out of or in connection with the Sweepstakes, shall be resolved individually without resort to any form of class action; (ii) any judicial proceeding shall take place in a federal or state court within the State of Ohio; (iii) 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 will attorney fees be awarded or recoverable; (iv) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to seek, punitive, incidental, exemplary, consequential, special damages, lost profits, other damages, and/or any rights to have damages multiplied or otherwise increased; and (v) Entrant’s remedies are limited to a claim for money damages (if any) and he/she waives any right to seek injunctive or equitable relief.

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.

WINNERS LIST REQUEST: To request confirmation of the first name, last initial, city, and state of residence of each Winner, please send a self-addressed, stamped business size envelope, by February 20, 2025 to: ASC/VS-SW Gift Card Sweepstakes Winners List Request, 300 State St., Suite 402, Rochester, NY 14614.