NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS PROMOTION IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY. OPEN TO LEGAL RESIDENTS OF 50 UNITED STATES AND D.C. 18 YEARS OF AGE OR OLDER WHO ENTER FROM WITHIN THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA.
1) DESCRIPTION OF THE CONTEST. The #MyPaintColors Instagram Photo Contest (the “Contest”) is sponsored by Dunn-Edwards Corporation, 4885 E. 52nd Place, Los Angeles, CA 90058 (“Sponsor”). Sponsor is hereinafter referred to at times as the “Promotion Entity.” The Contest begins at 9:00:00 a.m. Pacific Standard Time (“PST”) on November 1, 2015 and ends at 11:59:59 p.m. PST on December 15, 2015 (the “Contest Period”). One Contest Grand Prize winner will be selected in accordance with the judging criteria below on or about December 18, 2015. By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects.
2) WHO MAY ENTER. The Contest is open only to those legal residents of the 50 United States and the District of Columbia who are 18 years of age or older at the time of entry and have an Instagram account. Authorized dealers of Sponsor, employees of the Promotion Entities, as well as the immediate family (spouse, parents, siblings and children) and household members of such employees, are not eligible to enter or win. The Contest is void where restricted or prohibited by law.
3) HOW TO ENTER. To participate in the Contest, you must have an Instagram account that is open to the public (an account where anyone can subscribe to your photos). You will not be eligible to participate if your Instagram account posts are set to the private option. There is no cost to register for an Instagram account. During the Contest Period, upload to your Instagram account photos of spaces that you’ve designed or painted using Dunn-Edwards paints and colors. Include the hashtag “#MyPaintColors”, “#DunnEdwards” and the color name(s) in the caption of your uploaded image. Enter as many times as you like during the Contest Period, however each photograph may only be submitted one time. Submissions are subject to the usage rights as outlined in USAGE RIGHTS OF SUBMISSIONS (#9). Entries will not be acknowledged or returned.
4) SUBMISSION REQUIREMENTS. Each photograph that is entered into the Contest must meet ALL of the “Submission Requirements” set forth below to be eligible (a photograph that meets all such requirements will be referred to as a “Submission”). Failure to complete any step outlined in, or to follow any of, the Official Rules will result in disqualification of the attempted entry: (i) all entrants must follow @dunnedwards on Instagram; (ii) all captions must include the hashtag #MyPaintColors, #DunnEdwards, and must include the color name(s) (iii) the entry must be a still photo – no videos will be accepted for entry; (iv) the photograph must be a single work of original material taken by the submitting entrant (for the avoidance of doubt, collage images comprising more than one image are not eligible); (v) if the photograph contains any material or elements that are not owned by the entrant and/or which are subject to the rights of third parties, and/or if any persons appear in the photograph, the entrant is responsible for obtaining, prior to submission of the photograph, any and all releases and consents necessary to permit the exhibition and use of the photograph in the manner set forth in these Official Rules without additional compensation; (vi) if any person appearing in any photograph is under the age of majority in their state/province/territory of residence the signature of a parent or legal guardian is required on each release; (vii) in the event a submitting entrant cannot provide all required releases, Sponsor reserves the right, in Sponsor's sole discretion, to disqualify the applicable Submission, or seek to secure the releases and clearances for Sponsor's benefit, or allow the applicable Submission to remain in the Contest; (viii) the photograph must not, in the sole and unfettered discretion of the Sponsor, contain obscene, provocative, defamatory, sexually explicit, or otherwise objectionable or inappropriate content (ix) the photograph cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); (x) the photograph cannot promote any activities that may appear unsafe or dangerous, or any particular political agenda or message; (xii) the photograph cannot depict, and cannot itself, be in violation of any law; and (xii) submissions must be received before the end of the Contest Period, and the Sponsor's database clock will be the official timekeeper for this Contest.
Proof of transmission is not proof of receipt. Entrants must not transmit anything that contains viruses or anything else that is harmful to any computer. No responsibility is assumed for late or misdirected entries, or any failure or unavailability of hardware, software, electronic communications, or Internet uploading or other connections. Sponsor is not responsible for any changes or effects caused to your mobile phone, computer system or camera or other equipment as a result of submitting an entry; nor for any carrier charges that may be incurred to upload the Submission.
5) WINNER SELECTION/JUDGING. At the end of each day of the Contest Period, two Sponsor employees (“Initial Judges) will judge all eligible Submissions from that day and select one daily highlight (“Daily Highlight”) to repost the following day. At the end of the Contest Period, the Initial Judges and one more Sponsor employee (“Final Judges”), will judge all Daily Highlights on the following criteria: Overall Room Design (40%), Creativity & Originality (30%); and Photographic Quality (30%). Final Judges will select one (1) Grand Prize Winner (the “Winner”) and such determination shall be final and binding.
In the event of a dispute over the identity of the entrant, entry will be deemed submitted by the authorized account holder of the primary e-mail address associated with the Instagram account used to submit the disputed entry. The authorized account holder is defined as the natural person who is assigned to an email address by an Internet access provider, on-line service provider, or any other organization (e.g. business, educational institute, etc.) that is responsible for assigning e-mail addresses for the domain. All entries must be received by the end of the Contest Period. Sponsor reserves the right to substitute another official judge for any reason (e.g. the unavailability of the original judge) at Sponsor’s sole discretion.
6) PRIZE: GRAND PRIZE: One (1) Grand Prize consisting of a $1,000 VISA Gift Card (“Grand Prize”).
7) GENERAL PRIZE CONDITIONS. Grand Prize will be awarded only if the potential winner fully complies with these Official Rules. All costs, including federal, state and local taxes, insurance, and other expenses not specifically identified as included in the Prize, are the sole responsibility of Winner. No transfer, assignment, cash redemption or substitution of prizes (or portion of Prize) except by Sponsor due to prize unavailability and then for a prize (or applicable portion of Prize) of equal or greater value as determined by Sponsor. All details and other restrictions of prizes not specified in these Official Rules will be determined by Sponsor in its sole discretion. Arrangements for delivery of Prize will be made after Winner validation. Odds of winning a prize depend on the number of entries received and skill of the entrant.
8) NOTIFICATION OF THE WINNER: The potential winner will be notified via comment on Instagram by Sponsor promptly following their selection. The winner will be required to execute and return an Affidavit of Eligibility, Liability/Publicity Release (collectively, the “Prize Claim Documents”) within seven (7) calendar days following the date of attempted notification. If selected winner cannot be contacted, is ineligible, fails to claim a prize, and/or fails to return the Prize Claim Documents, within the applicable time period, Sponsor may elect to disqualify the selected winner, who will then forfeit his or her right to receive the Prize. In the event the potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner from among all remaining eligible entries. Except where prohibited, by accepting a Prize, a Winner agrees that the Promotion Entity may, without any limitation or further compensation, use his or her name, Instagram handle, voice and/or likeness, and winning photograph and accompanying caption in any and all media for marketing, public relations or other promotional purposes.
9) USAGE RIGHTS IN SUBMISSIONS. By entering your Submission in the Contest, you acknowledge and agree that you will retain ownership of any photograph you submit, subject to the license below. The Promotion Entities and their licensees (“Authorized Parties”) shall have the unrestricted and non-exclusive right to reproduce, distribute, display, edit, adapt, publish, perform, broadcast, modify, and otherwise use each Submission for marketing, public relations or other promotional purposes worldwide, in any and all media, whether now known or later discovered, in perpetuity, without further compensation to the entrant or anyone else. Display or publication of any Submission on an Authorized Party’s website does not indicate the entrant will be selected as a winner.
10) REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION. Each person who enters this Contest covenants, represents and warrants to Sponsor as follows: (i) that the Submission is an original work created solely by the entrant, that the photograph does not infringe on the copyrights, trademarks, moral rights, rights of privacy/publicity or intellectual property rights of any person or entity, and that no other party has any right, title, claim, or interest in the photograph; (ii) the Submission is wholly original with entrant and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iii) the Submission does not and will not violate any applicable laws, and meets the Submission Requirements set forth above. Each entrant hereby agrees to indemnify and hold the Promotion Entity harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder.
11) NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each entrant hereby acknowledges and agrees that the relationship between the entrant and the Promotion Entity is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to provide the entrant’s Submission to Sponsor for purposes of the Contest does not place the Promotion Entity in a position that is any different from the position held by members of the general public with regard to elements of the entrant’s Submission. Each entrant understands and acknowledges that the Promotion Entity have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to them or being developed by their own employees. Each entrant also acknowledges that many ideas or materials may be competitive with, similar or identical to the Submission and/or each other in theme, idea, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of the Promotion Entity’s use of any such similar or identical material. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of the Promotion Entity’s actual or alleged exploitation or use of any Submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief, and entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
12) IMPORTANT. PLEASE READ - GENERAL RELEASE AND LIMITATIONS ON LIABILITY. By entering the Contest, entrants agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with the Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event will attorneys’ fees be awarded or recoverable; and (3) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby knowingly and expressly waives all rights to seek, punitive, incidental or consequential damages and/or any other damages, other than actual out-of-pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased. Each entrant acknowledges and agrees that the Promotion Entity, and Instagram, Inc., are not responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with: (i) incomplete, lost, late, misdirected or illegible entries or for failure to receive entries due to any cause, including without limitation human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with sender, with Sponsor, or otherwise, that may limit an entrant’s ability to participate in the Contest; (ii) any injury or damage resulting from participation in the Contest and/or the use or misuse of any prize, or any claims, costs, injuries, losses, or damages related to or based on the entrant’s rights of publicity or privacy, or the entrant’s claim that he or she has somehow been defamed or portrayed in a false light. Promotion Entity assumes no responsibility for any damage to an entrant’s computer system which is occasioned by accessing the websites of Sponsor or participating in the Contest, or for any computer system, phone line, mobile phone, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information.
13) GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any participant, Sponsor or the Promotion Entities in connection with the Contest, 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 or provisions which would cause the application of the laws of any jurisdiction other than the State of California. If any controversy or claim arising out of or relating to the Contest, the Official Rules, or the breach of any term hereof, cannot be otherwise resolved, it shall be resolved by binding arbitration conducted in the County of Los Angeles, and administered by Judicial Arbitration and Mediation Services (“JAMS”) in accordance with its Streamlined Arbitration Rules and Procedures or subsequent versions thereof (“the JAMS Rules”). The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be an experienced arbitrator licensed to practice law in California. The decision of the arbitrator shall be binding, final and conclusive and cannot be appealed in any court. The remedy for any claim shall be limited to actual damages, and in no event shall any party be entitled to recover punitive, exemplary, consequential, or incidental damages, including attorney’s fees or such related costs of bringing a claim, or to rescind this agreement or seek injunctive or any other equitable relief.
14) LIST OF WINNERS: If you would like a list of Winners (available after December 25, 2015), please send a self-addressed stamped envelope before March 1, 2016 to: #MyPaintColors Instagram Photo Contest, Contest Winners, Dunn-Edwards Corporation, 4885 E. 52nd Place, Los Angeles, CA 90058.
15) MISCELLANEOUS: This Contest is in no way sponsored, endorsed or administered by, or otherwise associated with, Instagram, Inc.