- PROMOTION TIMING. The BEHR Dream Tiny Sweepstakes (the “Promotion”) begins at 12:01 A.M. Pacific Time (“PT”) on July 1, 2016 and ends at 11:59 P.M. PT on October 1, 2016 (the “Promotion Period”).
- ELIGIBILITY. The Promotion is open only to individuals who at the time of entry (a) are legal residents of and domiciled in the fifty (50) United States or the District of Columbia, and (b) are at least 21 years of age. The following individuals are not eligible to participate: (i) employees of Behr Process Corporation (“Sponsor”) or Masco Corporation, any of their subsidiaries or affiliate companies, or their advertising, marketing or promotional agencies; (ii) family members (spouse, parents, siblings, children and in-laws) of any individual referred to in clause (i); and (iii) persons living in the same household (whether or not related) with any person referred to in clause (i) or (ii) above. This Promotion is subject to all federal, state, and local laws and regulations and is void (a) outside the 50 United States and the District of Columbia, and (b) where prohibited by law.
- HOW TO ENTER. To enter this Promotion during the Promotion Period:
Visit https://www.behrdreamtiny.com (the “Behr Website”) and follow all onscreen instructions to submit the promotion entry form (an “Entry”) by uploading a photo or choosing a pre-selected background, picking a color(s) and virtually painting the provided tiny house recreational vehicle, sharing a story that is 50 words or less about the entrant’s dream location for their tiny house recreational vehicle and filling out the required fields on the submission form. Follow all onscreen instructions to complete and submit the Promotion registration entry form (an “Entry”).
In the alternative, if you do not wish to enter the Promotion by submitting an entry as described above, you may enter the Promotion by providing your contact information here: http://bit.ly/1WEhgK7.
Entrants must include a valid email address. All required information must be included for the entry to be eligible.Entrants will be required to confirm they have reviewed and agreed to the Official Rules as a condition of entering the Promotion.
All entries become the property of Sponsor and will not be acknowledged or returned. Submitted “paintings” with background images and essays will be available for public viewing in a gallery on the Behr Website. All submissions must be the original creation of the person making the submission, may not have been published or produced previously or produced for any other purpose and must not infringe any third-party intellectual property rights. Submissions may not include untrue, defamatory, abusive, pornographic, violent, discriminatory, obscene, profane, offensive, harassing material, or material that may infringe or violate another party's rights (see Submission Guidelines and Submission Terms). Sponsor will monitor entries prior to public display and reserves the right, in its discretion, to not display and/or to disqualify non-compliant entries.
Limit one Entry per person during the Promotion Period, regardless of the means of entry. Additional entries will be disqualified. Entries will not be acknowledged or returned. Proof of sending or submitting an Entry will not be deemed proof of receipt by Sponsor. Sponsor is not responsible for lost, misdirected, erroneous, or incomplete submission forms.
- AGREEMENT TO OFFICIAL RULES. Your participation in this Promotion constitutes your full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.
- SELECTION OF POTENTIAL FIRST PRIZE WINNERS. On or about each of August 1, September 1, and October 1, 2016, one (1) potential winner (potential “First Prize Winner”) will be selected in a random drawing from among all eligible Entries received prior to 5 p.m. Pacific Time the day prior to each drawing. There will be a total of three (3) First Prize Winners, one (1) per each of the three drawings. Odds of winning depend on the total number of eligible Entries for each drawing and on the number of drawing for which the entrant is eligible. Entries drawn will not be eligible for any subsequent drawing. Entries not drawn will be carried over for any subsequent drawing. A purchase will not increase the chances of winning.
- SELECTION OF POTENTIAL SECOND PRIZE WINNERS. On or about October 2, 2016, twenty (20) potential winners (each a potential “Second Prize Winner”) will be selected in a random drawing from among all eligible Entries received. There will be a total of twenty (20) Second Prize Winners. Odds of winning depend on the total number of eligible Entries for each drawing and on the number of drawing for which the entrant is eligible. Entries not drawn will be carried over for any subsequent drawing. A purchase will not increase the chances of winning.
- SELECTION OF POTENTIAL GRAND PRIZE WINNER. On or about October 2, 2016, one (1) potential grand prize winner (potential “Grand Prize Winner”) will be selected in a random drawing from among all eligible Entries received. There will be one (1) Grand Prize Winner. Odds of winning depend on the total number of eligible Entries received. A purchase will not increase the chances of winning.
- NOTIFICATION AND REQUIREMENTS OF POTENTIAL WINNERS AND GRAND PRIZE WINNERS. Each potential Prize Winner and Grand Prize Winner will be initially contacted via email, will be required to provide a mailing address and a copy of a valid photo identification, will be required to submit to a background check, and will be required to sign and return an Affidavit of Eligibility, Liability and Publicity Release (except where prohibited by law) and/or an IRS W-9 Form within seven (7) calendar days of notification by Sponsor. Prizes won by persons who are eligible entrants but considered minors in their state of residence may be awarded to a parent or legal guardian, who must execute and return all required documentation outlined herein and otherwise comply with all requirements imposed on a winner. Any prize may be forfeited and may be awarded to another entrant who is randomly selected if (i) any prize notification or any prize is returned as undeliverable, (ii) Sponsor is unable to contact a potential winner within five (5) days of the first attempt to contact him or her, (iii) a potential winner fails to provide his or her contact information within seven (7) calendar days after notification by Sponsor or fails to return an Affidavit of Eligibility, Liability Release and Publicity Release and/or an IRS W-9 Form within the time specified above, (iv) a potential winner is determined by Sponsor, in its sole discretion, to be ineligible, (v) a potential winner declines the prize, or (vi) a potential winner is otherwise not in compliance with these Official Rules. Grand Prize may be forfeited and may be awarded to another entrant who is randomly selected if Grand Prize winner fails to identify the location for delivery within the Continental United States within thirty (30) calendar days after notification of winning the Grand Prize by Sponsor or if Grand Prize winner cannot meet the legal eligibility requirements for registration of a travel trailer RV. Sponsor is not responsible for any delay in awarding any prize.
Winner’s entry and acceptance of the prize constitutes permission (except where prohibited) for Sponsor and its designees to use, at Sponsor’s sole discretion, the winner’s name, photograph, likeness, statements, biographical information, voice and address (city and state), for advertising, promotions and other purposes in all forms of media, worldwide in perpetuity, without additional notice, permission or further compensation.
PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”). Grand Prize: One (1) Grand Prize Winner will receive: a pre-designed and built tiny house recreational vehicle (“RV”) (up to 200 sq. ft.) and delivery to location identified by winner within the Continental United States (approximate retail value (“ARV”) up to approx. $75,000); one (1) cash prize up to approximately $25,000; and one (1) $1,000 The Home Depot® gift card. Total ARV for the Grand Prize will not exceed $101,000. First Prizes: Three (3) First Prize Winners will receive: one (1) $500 Airbnb gift card; and one (1) $4,500 cash prize. Second Prizes: Twenty (20) Second Prize Winners will receive: one (1) $100 The Home Depot® gift card. The aggregate ARV for all prizes in the Promotion is up to approximately $118,000.
Each prize is nontransferable and non-refundable and must be accepted as awarded. Grand Prize winner may not select options, model, colors, or designs relating to Grand Prize. Grand Prize winner is solely responsible for any required real estate, fees, title, registration, utility connections, insurance, and any other costs associated with installation, use and maintenance of Grand Prize. Grand Prize winner is solely responsible for complying with all zoning and use laws and ordinances associated with installation, use and maintenance of Grand Prize. Payment of all applicable taxes (including federal, state, and local income taxes for U.S. winners), duties, and the like, if any, are the sole responsibility of the prize winner. No cash substitution, assignment, redemption for cash, or transfer of prize by winner is permitted; however, Sponsor reserves the right, in its sole and absolute discretion, to substitute any prize described herein, or any portion thereof, with an alternative of equal or greater value. Winner shall not be entitled to the difference between the stated ARV and the actual price of the prize selected. Gift card prizes may be subject to additional terms and conditions of issuer, for which Sponsor is not responsible.
GENERAL CONDITIONS. In the event of a dispute as to the identity of an online entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant, but only if such person meets all other eligibility criteria. “Authorized account holder” of an email address is defined as the natural person who is assigned to an email address by an internet access service provider, on-line 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.
Sponsor reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of this Promotion; violates the Official Rules; acts in an unsportsmanlike or disruptive manner; or acts with intent to annoy, abuse, threaten or harass any other person; or who Sponsor suspects has engaged in any of the foregoing. Sponsor reserves the right to cancel, terminate or modify this Promotion if it cannot be completed as planned for any reason, including without limitation for infection by computer virus, bugs, tampering, unauthorized intervention, technical failures, corruption of any sort or any other matter beyond Sponsor’s control. In such event, Sponsor will award the prizes from among all eligible entries received prior to cancellation.
- RELEASE & LIMITATION OF LIABILITY. As a condition of entering this Promotion, each entrant agrees, and as a condition of being awarded a prize, each winner agrees, to the maximum extent permitted by law, to release, indemnify and hold harmless Sponsor and Masco Corporation, their respective subsidiaries or affiliate companies, their advertising, marketing or promotional agencies and each such company’s respective officers, employees, directors, representatives and agents and all others associated with the development and execution of this Promotion (individually and collectively, the “Released Parties”), from and against any and all liabilities, claims, actions, lawsuits, judgments, costs and expenses, damages of any kind whatsoever, injuries, or losses to persons or property arising from or relating to, in whole or in part, this Promotion, submitting an entry or otherwise participating in any aspect of this Promotion, the receipt, ownership, possession, use or misuse of any prize awarded, or any actual or alleged breach by entrant of these Official Rules.
- LIMITATION OF LIABILITY. Sponsor makes no representations or warranties with respect to the Grand Prize. Entrants acknowledge that the Released Parties have not made and are not in any manner 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 or fitness for a particular purpose. The Released Parties are not responsible for: (a) lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connection, availability or accessibility problems arising in connection with or over the course of this Promotion; (b) failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions or hardware, software or technical malfunctions, failures or difficulties; (c) errors of any kind relating to or in connection with this Promotion, whether human, mechanical, clerical, electronic, or technical in nature, including, but not limited to, errors which may occur in connection with the administration of this Promotion, the processing of entries, the announcement or notification of any winner or prize or the cancellation of this Promotion; (d) damage to a user's system occasioned by participation in this Promotion or downloading any information necessary to participate in this Promotion; (e) incomplete, illegible, misdirected, damaged or lost entries; or (f) failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications, whether caused by the sender, by any of the equipment or programming associated with or utilized in this Promotion. If the Behr Website goes down for any reason or if Sponsor is unable to accept entries, Released Parties are not responsible, but Sponsor will make a good faith effort to remedy the problem as quickly as possible or Sponsor may terminate this Promotion. By entering this Promotion, you waive (to the maximum extent permitted by law) the right to claim any punitive, consequential, incidental, special, exemplary, or indirect damages of any kind and any and all rights to have damages multiplied or otherwise increased. In no event will the Released Parties be responsible or liable to entrants for any damages or losses of any kind (including, without limitation, direct, indirect, incidental, consequential, or punitive damages) arising out of participation in this contest or the acceptance, possession, use, or misuse of, or any harm resulting from the acceptance, possession, use or misuse of the prizes, or for any errors in the processing of the entries or the notification of winners or potential winners.
- DISPUTE RESOLUTION. If there is any conflict between any promotional material and these Official Rules, the provisions of these Official Rules shall prevail. The resolution of any dispute shall be within Sponsor’s sole discretion. As a condition of entering this Promotion, except as prohibited by law, you agree that: (a) all causes of action arising out of or connected with this Promotion, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees or court costs. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Sponsor in connection with this Promotion, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
- WINNERS’ LIST. For the names of the winners, available approximately two weeks after the end of the promotion, visit http://www.behr.com/consumer/winners.
- SPONSOR. The Sponsor of this Promotion is Behr Process Corporation, 3400 W. Segerstrom Avenue, Santa Ana, CA 92704.
©2016 Behr Process Corporation. All rights reserved.
The following are the Submission Guidelines and Submission Terms for Entries in the BEHR Dream Tiny Sweepstakes (the “Promotion”).