"Dupli-Color® Rattle Can Sweepstakes™"
OFFICIAL SWEEPSTAKES RULES
NO PURCHASE, CONTRIBUTION OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. PROMOTION IS SUBJECT TO LOCAL, STATE AND FEDERAL LAW AND IS VOID WHERE PROHIBITED OR RESTRICTED.
This Sweepstakes (as defined below) is sponsored by RTM Productions, LLC (“RTM”), located at 130 Southeast Parkway Court, Franklin, TN 37064. RTM is also the administrator of the Sweepstakes. By entering this Sweepstakes (as defined below), participants accept and agree to be bound by these Official Rules. Any violation of these rules may, at RTM’s discretion, result in disqualification. All decisions of RTM regarding this Sweepstakes are final and binding in all respects.
1.ENTRY PERIOD: Dupli-Color® Rattlecan Sweepstakes™ (this “Sweepstakes”) begins at 12:00:01 PM Central Time (“CT”) on April 23, 2015 and ends at 11:59:59 AM CT on September 3, 2015 (the “Sweepstakes Period”). All entries must be received by 11:59:59 AM CT on September 3, 2015.
2.ELIGIBILITY: This Sweepstakes is open only to legal residents of the 50 United States and the District of Columbia (specifically excluding Guam, Puerto Rico, and all other U.S. and foreign territories and possessions) and all provinces of Canada (specifically excluding Quebec) (collectively, the “Eligibility Area”), who are the age of majority in their state or province of residence at the time of entry, and currently reside in (and are physically located in) the Eligibility Area at the time of entry (“Participants”). Only individuals may enter; no entry from any corporation or other entity shall be accepted. This Sweepstakes is VOID outside of the Eligibility Area and where otherwise taxed, prohibited or restricted. Employees, directors, agents and suppliers of RTM, The Sherwin-Williams Company (“Dupli-Color®”) and their affiliates, subsidiaries, advertising, promotion, fulfillment, marketing agencies, public relation firms, consultants and contractors, their immediate families (defined as spouse, child, sibling, parent, grandparent, step-parent, step-children and step-siblings) and those living in their same households are ineligible to participate in this Sweepstakes. By participating in this Sweepstakes, each Participant, (a) accepts the terms and conditions stated in these Official Rules, (b) agrees to be bound by these Official Rules and by the decisions of RTM, which are final and binding in all respects, (c) warrants that he/she is eligible to participate in this Sweepstakes, and (d) agrees to receive additional marketing communications from RTM and Dupli-Color®, which Participant may opt-out of at any time.
3.HOW TO ENTER: No purchase necessary to enter or win. There is one (1) way to enter this Sweepstakes. You may enter online by visiting the HYPERLINK "http://www.duplicolor.com" www.duplicolor.com website or HYPERLINK "http://www.powernationtv.com" www.powernationtv.com website, during the Sweepstakes Period and correctly follow the instructions to complete and submit all required registration information (including your name, a valid and active email address, mailing address, and phone number) in order to receive an entry into this Sweepstakes (individually, an “Entry” or collectively, the “Entries”). To be eligible as a Participant in this Sweepstakes, Entries must be received by 11:59:59 AM CT on September 3, 2015. All entry information must be complete to qualify. No changes to any Entry, Entry materials or information are permitted once submitted. All Entries become the property of RTM and will not be acknowledged or returned. LIMIT ONE ENTRY PER PERSON PER EMAIL PER WEEK. Entries received by RTM after the end of the Sweepstakes will be discarded and deemed VOID. In the event of a dispute regarding the identity of a Participant, the Entry will be deemed submitted by the natural person who is the registered holder of the email account, at the time of Entry, used to enter the Sweepstakes. The potential winner may be required, at RTM’s sole discretion, to show proof of being the registered holder of a particular email as a condition to receiving the prize award. Proof of entering this Sweepstakes online will not be deemed to constitute proof of receipt by RTM of Entry. RTM shall not be responsible for technical failures or any other errors in Entry transmission. The potential winner will be chosen by random drawing on or about September 8, 2015 and will be notified by UPS overnight delivery, e-mail and/or phone on or about September 18, 2015. IF THE POTENTIAL PRIZE WINNER DOES NOT RESPOND BY EMAIL OR PHONE TO RTM’S AWARD NOTICE WITHIN THREE (3) CALENDAR DAYS OF BEING NOTIFIED BY ANY METHOD SPECIFIED ABOVE, THE POTENTIAL WINNER WILL BE INELIGIBLE. If a Canadian resident is the potential winner, he or she will be required to answer correctly a mathematical skill testing question without assistance of any kind whether mechanical or otherwise to be eligible to be the winner and receive the prize. The winner will be announced on or about November 4, 2015. The prize winner is subject to verification.
4.ODDS OF WINNING: Odds of winning are determined by and depend upon the total number of eligible entries received. A purchase will not improve your chances of winning.
5.PRIZE: The prize will be awarded subject to these rules. One (1) Prize Winner will receive one (1) prize consisting of: a Factory 5 Racing 1933 Ford Replica Hot Rod. Roundtrip airfare and two nights accommodations for two to Nashville, TN. The approximate retail value of the prize is $32,500.00 USD.
RTM AND DUPLI-COLOR® EXPRESSLY DISCLAIM AND MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PRIZE AWARDED.
PRIZE CONDITIONS & RESTRICTIONS: Potential winner must take delivery of the prize on November 17, 2015 at RTM Productions LLC., 130 Southeast Parkway Court, Franklin, TN 37064 or prize will be forfeited. The winner will be solely responsible for all federal, state and local taxes, registration, license, title and insurance fees and for all costs and expenses associated with acceptance, taking delivery of and/or use of all elements of the prize, in whole or in part, not specified herein, including but not limited to all taxes, fees, insurance, travel costs and expenses, shipping costs and/or any other expenses associated with acceptance, use of and/or taking delivery of the prize. Potential winner is solely and exclusively responsible for possessing a current, valid driver’s license before taking possession and delivery of prize.
RTM AND DUPLI-COLOR® SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO A WINNER OR POTENTIAL WINNER WHO IS UNABLE OR UNAVAILABLE TO ACCEPT OR UTILIZE THE PRIZE, IN WHOLE OR IN PART, AS DESCRIBED HEREIN.
PRIZE CONDITIONS & RESTRICTIONS: All Prize Elements: The winner will be solely responsible for all federal, state and local taxes, registration, license, title and insurance fees and for all costs and expenses associated with acceptance, taking possession of and/or use of all elements of the prize, in whole or in part, not specified herein, including but not limited to all taxes, fees, insurance, shipping costs and/or any other expenses associated with acceptance and/or taking possession of the prize. By accepting the prize, the winner waives (a) the right to assert, as a cost of winning said prize, any and all costs of redemption, travel to redeem said prize, or shipping costs if applicable; and (b) any and all liability that might arise from redeeming, seeking or using said prize. By accepting prize, in whole or in part, if applicable, the winner accepts sole responsibility for titling and registering the prize, and for insuring the prize. POTENTIAL WINNER SHOULD CONSULT WITH HIS OR HER TAX ADVISORS REGARDING THE PRIZE AND APPLICABLE TAXES. EACH PARTICIPANT ACKNOWLEDGES AND AGREES THAT THE WINNER WILL BE SOLELY RESPONSIBLE FOR ALL APPLICABLE FEDERAL, STATE, AND LOCAL TAXES AND FEES ASSOCIATED WITH ACCEPTANCE OF THE PRIZE AND, IF A RESIDENT OF THE US, WILL BE ISSUED AN IRS FORM 1099 FOR THE VALUE OF THE PRIZE. The prize will be awarded in the name of the winner and is not transferable or exchangeable for cash, in whole or in part; however, RTM reserves the right to substitute a prize of comparable or greater value due to unavailability. No substitution or transfer of prize by winner is permitted. Except where prohibited by law, acceptance of a prize constitutes permission for RTM and/or Dupli-Color® to use winner’s name, hometown, likeness, statements and other personally identifiable information for promotional, commercials, advertising and marketing purposes in any media throughout the world without additional prize, incentive, consideration, consent or review.
6.PRIZE AWARDING; WINNER ANNOUNCEMENT: The potential winner and prize award is subject to verification and will be awarded only upon validation and verification by RTM. The potential prize winner will be chosen by random drawing on or about September 8, 2015 and notified on or about September 18, 2015 from all eligible entries received. The potential winner will be notified by RTM by UPS overnight delivery, e-mail and/or by phone, and the potential prize winner’s name will be posted on HYPERLINK "http://www.powernationtv.com" www.powernationtv.com on or about November 4, 2015. No substitution, transfer, or assignment of the prize will be permitted, except that RTM reserves the right, in its sole discretion, to substitute the prize with either the cash value of the prize that would have been awarded, or a prize of equal or greater value. The prize may not be combined with any other offer. IF THE POTENTIAL PRIZE WINNER DOES NOT RESPOND BY EMAIL OR PHONE TO RTM’S AWARD NOTICE WITHIN THREE (3) CALENDAR DAYS OF BEING NOTIFIED BY ANY METHOD SPECIFIED ABOVE, THE POTENTIAL WINNER WILL BE INELIGIBLE. In addition, if a prize notification is returned as undeliverable, or a potential prize winner is ineligible for any reason whatsoever as determined by RTM, fails to complete and return any required documents within the required timeframe as described in these Official Rules, or fails to claim and/or take possession of the prize on November 17, 2015, the prize will be forfeited and an alternate potential winner may be selected by random drawing from among the remaining eligible Entries using the criteria set forth herein.
7.WINNER VERIFICATION: The potential winner must prove eligibility, including without limitation, age and residence, by signing and returning to RTM (or its designated agent) an Affidavit of Eligibility (including his/her Social Security Number and/or U.S. personal tax identification number for tax reporting purposes) and, except where prohibited by law, a Liability Release and a Publicity Release within five (5) calendar days of notification, or the potential winner is disqualified and forfeits the prize, and an alternate potential winner may be chosen by random drawing from among the remaining eligible Entries. At RTM’s request, a copy of a driver’s license, passport or other official government ID approved by RTM will be required to be provided to RTM. The potential winner agrees, as allowed by law, to allow RTM and/or Dupli-Color® and its designees the right to use the potential winner’s name, hometown, likenesses, biographical information and prize information for advertising, commercial, promotion, and publicity purposes worldwide in perpetuity in all media, now or hereafter known, without additional compensation. The potential winner must fulfill all the terms of these Official Rules as a condition to being awarded the prize. RTM expressly reserves the right to delay the announcement of the winner for technical reasons or for any other reason RTM deems necessary.
THE POTENTIAL WINNER THAT IS RANDOMLY SELECTED IS SUBJECT TO VERIFICATION BY RTM. THE POTENTIAL WINNER IS NOT THE WINNER OF THE PRIZE UNLESS AND UNTIL HIS OR HER ELIGIBILITY HAS BEEN VERIFIED, HE OR SHE HAS BEEN NOTIFIED THAT ELIGIBILITY VERIFICATION IS COMPLETE, HE OR SHE RESPONDS TO RTM’S AWARD NOTICE WITHIN THREE (3) CALENDAR DAYS OF BEING NOTIFIED AND HE OR SHE TAKES POSSESSION OF THE PRIZE ON NOVEMBER 17, 2015.
8.DISQUALIFICATION; DISCLAIMERS: Any software-generated, robotic, programmed, script, macro or other automated online entries or methods is strictly prohibited and will result in disqualification of all such entries. RTM reserves the right in its sole discretion to disqualify any person it finds: (a) to have tampered with the entry process or the operation of this Sweepstakes; (b) to be acting in violation of these Official Rules; or (c) to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person or to have provided inaccurate information on any legal documents submitted in connection with this Sweepstakes. If so disqualified, RTM reserves the right to terminate the person’s eligibility to participate in this and future promotions and sweepstakes offered by RTM. RTM reserves the right to request proof of any eligibility requirements in a form acceptable to RTM from a Participant at any time. Failure to provide such proof, if requested, may result in Participant’s disqualification, at RTM’s sole discretion. Any false information provided by any person concerning his/her identity or mailing address or any non-compliance by a Participant with these Officials Rules may result in the immediate disqualification of the Participant from the Sweepstakes. ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL OR ENTITY TO DAMAGE THE SWEEPSTAKES WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, RTM RESERVES THE RIGHT TO TAKE LEGAL ACTION.
Neither RTM nor Dupli-Color® is responsible for: (i) any typographical or other errors in the printing of the offer, these Official Rules, or any related advertisements; (ii) errors, whether human, mechanical or electronic, in the administration of the Sweepstakes or the announcement of the prize or potential prize winner; (iii) late, lost, illegible, incomplete, stolen, deleted, or misdirected entries due to any reason; or (iv) other error of any kind, whether human, mechanical or electronic. Neither RTM nor Dupli-Color® assume any responsibility or liability for incorrect or inaccurate entry information, whether caused by a Participant or by any of the equipment or programming associated with or utilized in this Sweepstakes or by any human error which may occur in connection with this Sweepstakes. Neither RTM nor Dupli-Color® are responsible or liable for any problems, incompatibility or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof, including without limitation, any injury or damage to any Participant’s or any other person's computer related to or resulting from participation in this Sweepstakes. Participants acknowledge that neither RTM nor Dupli-Color® has made, and is not in any manner responsible or liable for, any warranty, representation, or guarantee, expressed or implied, in fact or in law, relating to this Sweepstakes or the prize, in whole or in part.
In the event any portion of this Sweepstakes is not capable of running as planned, including without limitation, due to infection by computer virus, bugs, non-authorized human intervention, fraud, technical failures, force majeure, insufficient qualified Entries or winner, or any other causes beyond the control of RTM which, in the sole opinion of RTM, corrupt, impair or affect the administration, security, fairness, integrity or proper play of this Sweepstakes, RTM reserves the right in its sole discretion to cancel, suspend, modify or terminate this Sweepstakes. Should this Sweepstakes be terminated prior to the stated expiration date of the Sweepstakes Period, notice will be posted at HYPERLINK "http://www.powernationtv.com" www.powernationtv.com and HYPERLINK "http://www.duplicolor.com" www.duplicolor.com and the prize will be awarded to a potential winner selected by random drawing from among the eligible Entries submitted up until the time of termination. In no event will more prizes be awarded than the one listed above.
DUPLI-COLOR®, RATTLE CAN RODTM and RATTLE CANTM are trademarks of The Sherwin-Williams Company or its affiliates. PowerNation, Truck Tech, Engine Power, Detroit Muscle and Xtreme Off Road are trademarks of RTM Productions LLC.
9.RELEASE; LIMITATION OF LIABILITY: By participating in this Sweepstakes, each Participant releases RTM, Dupli-Color® and their respective affiliates, subsidiaries, marketing partners, advertising, promotion, fulfillment, marketing agencies, public relation firms, consultants and contractors and the director and employees of each of them (“Released Parties”) from any and all liabilities, claims and actions of any kind whatsoever for injuries, damages or losses to persons (including death) and property which may be sustained in connection with the receipt, ownership, possession, use or misuse of the prize, or arising out of participation in this Sweepstakes, or while preparing for, participating in, and/or traveling to and from taking possession of the prize or any prize-related activity, and each participant agrees to indemnify and hold harmless such parties from the same. The Released Parties expressly disclaim any responsibility or liability for injury or loss to any person or property relating to the possession and/or subsequent use or misuse of any prize awarded. IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF THIS SWEEPSTAKES OR ANY ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE AWARDED IN CONNECTION WITH THIS SWEEPSTAKES, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, DEATH AND/OR PROPERTY DAMAGE, AS WELL AS ANY CLAIMS BASED ON DEFAMATION, PUBLICITY RIGHTS, MISAPPROPRIATION OF LIKENESS, FALSE LIGHT, INVASION OF PRIVACY, OR COPYRIGHT OR TRADEMARK INFRINGEMENT. IN NO EVENT SHALL RTM’S OR DUPLI-COLOR’S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF THIS SWEEPSTAKES EXCEED ONE HUNDRED U.S. DOLLARS ($100.00 USD).
10.GOVERNING LAW; DISPUTE RESOLUTION: This Sweepstakes is governed by U.S. law and is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Participants and RTM in connection with this Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Tennessee without giving effect to the conflict of laws, rules thereof, and any matters or proceedings shall take place in the courts of Nashville, Tennessee. Each Participant waives any and all objections to jurisdiction and venue in these courts and hereby submits to the jurisdiction of these courts. Any and all lawsuits or other disputes that arise relating to this Sweepstakes must be filed within one (1) year from the date that the winner is selected. Except where prohibited, as a condition of participating in this Sweepstakes, Participants agree that any and all disputes which cannot be resolved between or among the parties, and any claims and causes of action arising out of or connected with this Sweepstakes, the prize awarded, or the determination of the winner, shall be resolved individually, without resort to any form of class action.
11.NO WAIVER; SEVERABILITY: The failure of RTM to exercise or enforce any right or provision of these Official Rules shall not constitute a waiver of such right or provision. If any part of these Official Rules is held by a court of competent jurisdiction to be invalid or unenforceable, that part will be enforced to the maximum extent permitted by law, and the remainder of these Official Rules will remain fully in force.
12.RULES REQUEST; WINNER’S NAME: For a copy of these Official Rules or for the name of the winner, please send a stamped, self-addressed envelope to RTM Productions LLC., Attn: “Dupli-Color® Rattlecan Sweepstakes”, 130 Southeast Parkway Court, Franklin, TN 37064, by November 20, 2015. Residents of WA and VT may omit return postage.
13.SPONSOR/ADMINISTRATOR: The sponsor and administrator of this Sweepstakes is RTM Productions, LLC 130 Southeast Parkway Court, Franklin, TN 37064. | © 2015 RTM Productions LLC.