Color of the Year Photo Contest Official RulesNO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED. THIS PROMOTION IS NOT SPONSORED BY, ENDORSED BY, ADMINISTERED BY OR OTHERWISE ASSOCIATED OR AFFILIATED WITH FACEBOOK, TWITTER, OR INSTAGRAM.
1. Timing: The PPG “Pittsburgh Paints and Stains® Color of the Year Photo Contest” promotion (“Promotion”) begins on October 11, 2015, at 12:01 p.m. Eastern Time (“ET”), and ends on November 15, 2015, at 11:59 a.m. ET (the “Promotion Period”). The Promotion Period is comprised of five (5) phases (each, a “Phase”) as set forth in the chart below:
Sponsor's computer is the official time keeping device for this Promotion.
2. Eligibility: The Promotion is open only to legal residents of the fifty (50) United States (including the District of Columbia) who are at least thirteen (13) years old at the time of entry. Employees of PPG Industries, Inc., PPG Architectural Finishes, Inc., and any of its affiliate companies, as well as the immediate family (spouse, parents, in-laws, siblings, and children) and household members of each such employee are not eligible. Void where prohibited by law. The Promotion is subject to all applicable federal, state, and local laws and regulations. Participation in the Promotion constitutes participant’s full and unconditional agreement to these Official Rules and by the Sponsor’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.
3. How to Enter: During the Promotion Period, take a creative photograph of (a) the paint color Holly Glen MEN7009-4 (from Pittsburgh Paints & Stains®), (b) yourself interacting with the paint color Holly Glen, or (c) using the paint color Holly Glen in a project. Examples include a selfie of yourself painting with Holly Glen, a mood board inspired by Holly Glen, home décor items that coordinate with Holly Glen, etc. ("Submission"). The Submission must feature a visual of the Holly Glen color to be a valid entry, such as Holly Glen paint color chip, the Pittsburgh Paints & Stains® 2016 Color Trends brochure, or a sample of Holly Glen paint. Post your Submission to one (1) of the social media platforms listed below with the hashtag #ColoroftheYearSweeps ("Required Hashtag").
Social Media Submission Requirements:
a. Facebook: Visit http://facebook.com and log into or create a Facebook account using your valid email address that you select to use for your Facebook account. Creating an account is free, but the use of Facebook is governed by its terms of service (available at https://www.facebook.com/legal/terms). Then, follow Pittsburgh Paints and Stains and Post your Submission on the Pittsburgh Paints and Stains Facebook wall along with the Required Hashtag. Your account settings must be set to “unprotected” and/or “public” in order for your Facebook posts to be viewable by Sponsor and its agents. Posting a photo or text on Facebook from your mobile device may incur message and data rates. Please consult your wireless service provider regarding its pricing plans.
b. Twitter: Log in to or create your Twitter account. Creating a Twitter account is free but is subject to its terms and conditions (https://twitter.com/tos). Then, follow @pghpaintsstains and Tweet your Submission along with the Required Hashtag. Your account settings must be set to “unprotected” and/or “public” in order for your Tweets to be viewable by Sponsor and its agents. If you post updates to or receive updates from www.twitter.com from your mobile device you may incur message and data rates. Please consult your wireless service provider regarding its pricing plans.
c. Instagram: Log in to or create your Instagram account. Creating an Instagram account is free but is subject to Instagram's terms (http://instagram.com/about/legal/terms/#). Then, follow https://instagram.com/PittsburghPaintsAndstains/ and post your Submission to your Instagram account along with the Required Hashtag. In order for your entry to be valid, your Instagram profile must be public and in order to be viewable by the Sponsor and its agents. If you do not have the Instagram App, you may download it through the application store on your mobile device. Posting a photo on Instagram requires a mobile device and message and data rates may apply. Please consult your wireless service provider regarding its pricing plans.
All Submissions must comply with the Submission Guidelines below set forth. Any Submission that does not comply with these guidelines will not be eligible to win a prize in the Promotion and the submitting entrant may be disqualified from the Promotion at the discretion of Sponsor. No notice or opportunity to correct a Submission will be given. All decisions about the eligibility of any particular Submission will be made at Sponsor’s sole discretion, and are final and binding in all respects.
The Submission must:
- Be in a format acceptable to the applicable social media channel;
- Contain the Required Hashtag; and
- Be in English, if text is included.
- Have been submitted previously in a promotion of any kind;
- Contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
- Disparage Sponsor or any person or party affiliated with the Promotion and administration of this Promotion;
- Feature brand names or trademarks other than those owned by Sponsor;
- Contain text or imagery that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;
- Contain text or imagery that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
- Contain the image of any minor without the explicit permission of his/her legal guardian; or
- Contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where submission is created.
Any attempt by any participant to obtain more than the stated number of entries by using multiple/different Facebook/Twitter/Instagram accounts, email addresses, identities, registrations and logins, or any other methods will void all of that participant's entries and that participant will be disqualified. Use of any automated system to participate is prohibited and will result in disqualification of participant and voiding of all of participant’s entries. In the event of a dispute as to any Facebook/Twitter/Instagram account or email address, the authorized account holder of the email address used to register at Facebook.com, Twitter.com, Instagram.com or for such email address will be deemed to be the participant. 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.
Each potential winner may be required to show proof of being the authorized account holder.
All of the entrants from Phases 1-5 will have automatically be entered into the contest judging.
4. How to Win:
a. First Prize Drawings: For Phases 1-5, Sponsor will randomly select five (5) potential First Prize Promotion winners, one (1) from each entry Phase, on or around three (3) days after the conclusion of such Phase. Each drawing will take place at the North American Headquarters of PPG Industries, Inc., located at One PPG Place, Pittsburgh, PA 15272. The winner need not be present. The potential winner will be notified via the social media platform through which he/she entered. Except where prohibited, each potential winner (or his/her parent, if the potential winner is a minor) may be required to sign and return to the Sponsor, within ten (10) days of being notified, an Affidavit of Eligibility, Liability & Publicity Release, in order to claim his/her prize. If a winner has not reached the age of majority in his/her state of residence, then the prize will be awarded in the name of his/her parent or legal guardian. If the potential winner cannot be contacted within ten (10) days of the first attempt to contact him/her or if he/she fails to sign and return the Affidavit of Eligibility, Liability & Publicity Release within the required time period or prize is returned as undeliverable, potential winner forfeits prize, and an alternate entrant will be selected in his/her place at random from among all remaining eligible entries received during the corresponding Phase of the Promotion. Prize will be awarded approximately four (4) weeks after winner verification provided a sufficient number of eligible entries are received.
b. Grand Prize Judging: For the contest portion of the Promotion, on or around November 16, 2015, a panel of qualified judges, as determined by Sponsor in its sole discretion, will select one (1) potential Grand Prize winner with the highest-scoring Submission from among all Submissions received during the Promotion Period based on the following criteria ("Judging Criteria"): quality of photo (1/3); level of creativity (1/3); visibility of the Holly Glen color and/or the Digital Inspiration Studio (1/3). In the event of a tie, the Submission having received the highest score in the “level of creativity” category will be deemed the potential Grand Prize winner.
5. Prizes: FIVE (5) FIRST PRIZES: Each confirmed First Prize winner will receive one (1) Menards gift card valued at $100. Approximate Retail Value (“ARV”): $100 each. ONE (1) GRAND PRIZE: One (1) Grand Prize winner will receive a gift card in the amount of $500 to Menards. ARV: $500. Total ARV of all prizes: $1,000. FOR ALL PRIZES: Winner must comply with all terms and conditions of these Official Rules in order to claim a prize. No cash or other substitution, assignment or transfer of any prizes permitted, except by Sponsor, who reserves the right to substitute a prize or prize component with cash or another prize of equal or greater value. Winner is responsible for all federal, state and local taxes and fees associated with prize receipt and/or use. Prizes will be awarded “as is” with no warranty or guarantee, either express or implied offered by Sponsor. Odds of winning a First Prize from Phases 1-5 depends on the number of eligible entries received during the same entry Phase of the Promotion Period. Limit: One (1) First Prize per person.
6. Publicity: By entering the Promotion and/or accepting prizes, each entrant grants to Sponsor (and its licensees and partners) a non-exclusive, worldwide, royalty-free, perpetual license to edit, publish, promote, republish at any time in the future, and otherwise use entrant’s name, likeness, biographical information, submission and any other information or materials provided by entrant, in any and all media now known or hereinafter devised, without territorial restriction (except where prohibited by law), for possible editorial, publicity, promotional or advertising purposes, without further permission, notice or compensation (except where prohibited by law). All submissions, including submission file and content, will become the property of Sponsor, and may be used by Sponsor for commercial purposes without payment of any kind to the participating entrants. Each entrant agrees to irrevocably and unconditionally transfer and assign to Sponsor all rights to all information submitted during the Promotion, and agrees to execute and deliver such documents, certificates, assignments and other writings, and take such other actions as may be necessary or desirable to vest in Sponsor the ownership rights granted to Sponsor hereunder.
7. General Conditions: Sponsor is not responsible for problems with the submissions, including, but not limited to, lost, late, incomplete, invalid, unintelligible, or misdirected entries, which will be disqualified. Sponsor reserves the right, in its sole discretion, to modify, suspend, or cancel the Promotion, and select the winner(s) from the entries received prior to the modification, suspension, or cancellation. Sponsor agrees to take such action in a fair and appropriate manner. In addition, Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the submission process or the operation of the Promotion or to be acting in violation of these Official Rules or any other promotion, or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any other entrant’s submission or undermine the legitimate operation of the Promotion is a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
8. Release and Limitation of Liability: The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants or by any of the equipment or programming associated with or utilized in the Promotion; (b) unauthorized human intervention in any part of the entry process or the Promotion; (c) technical or human error which may occur in the administration of the Promotion or the processing of Promotion submissions, including, but not limited to, malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (d), late, lost, undeliverable, or damaged mail; or (e) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt or use of any prize or while traveling to or from any prize-related activity. Each winner also further acknowledges that the Released Parties have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, expressed or implied, in fact or in law relative to any prize or this Promotion including but not limited to quality, condition or fitness for a particular purpose. If for any reason an entrant’s submission is confirmed to have been erroneously lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another submission and thereby another entry into the Promotion. No more than the stated number of prizes will be awarded.
9. Disputes: Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate courts located in the Commonwealth of Pennsylvania, U.S.A.; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion but in no event attorneys’ fees; and (c) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Pennsylvania, U.S.A. without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Pennsylvania, U.S.A. or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Pennsylvania, U.S.A.
10. Sponsor: PPG Industries, Inc., One PPG Place, Pittsburgh, PA 15272.
12. Winner List: For the winner’s name, send a self-addressed, stamped envelope, along with a request to “Pittsburgh Paints and Stains Color of the Year Photo Contest”, Kristina Wiggins Architectural Coatings – CRO 400 Bertha Lamme Drive Cranberry Township, PA 16066. Requests must be received by November 30, 2015.
This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter, or Instagram. Information is being provided to Sponsor, not Facebook, Twitter, or Instagram.