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May 23-June 30, 2008
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA, 18 YEARS OF AGE OR OLDER. VOID WHERE PROHIBITED.
Employees and their immediate families (parent, child, spouse or sibling and their respective spouses, regardless of where they reside, and those living in their same households, whether or not related) of Bed Bath & Beyond Inc. ("Sponsor"), The Sherwin-Williams Company, and their respective parents, affiliates, subsidiaries, retail locations and advertising and promotion agencies, are not eligible to enter or win. By participating, entrants agree to be bound by these Official Rules and the decisions of the judges and/or Sponsor, which are binding and final on all matters relating to the Paint, Decorate & Beyond® Sweepstakes ("Sweepstakes"). Sweepstakes subject to all applicable federal, state and local laws.
TO ENTER: Between 1:01 a.m. Eastern Time ("ET") on May 23, 2008 and 11:59 p.m. ET on June 30, 2008 (the "Entry Period"), there are two (2) ways to enter:
1. Online: Visit www.bedbathandbeyond.com or www.sherwin-williams.com. At either site, click on the promotion button and follow the directions to complete and submit an entry form. When you enter the Sweepstakes, you can also opt-in to receive promotional offers and emails from Sponsor and/or The Sherwin-Williams Company. You can opt-out of receiving such offers and emails at any time and opting-in does not impact your chances of winning. Online entries must be received by 11:59 p.m. ET on June 30, 2008 to be eligible; or
2. By Mail: To enter by mail, hand-print your name, complete address, telephone number (including area code) and date of birth on a 3" x 5" card and mail it in an envelope with proper postage affixed to: Paint, Decorate & Beyond® Sweepstakes, P.O. Box 111664, Trumbull, CT 06611. Mail-in entries must be postmarked by July 1, 2008 and received by July 9, 2008 to be eligible. Limit one (1) mail-in entry per stamped outer envelope.
Limit (1) entry per person, per e-mail address, and per household during each day of the Promotion Period (with a day defined as the 24-hour period beginning at 12:00:01AM ET & ending at 11:59:59PM ET). Additional entries received from any person or e-mail address or household during any one day of the Sweepstakes will be void. Entries generated by script, macro or other automated or mechanical means are void. All entries become the exclusive property of Sponsor and will not be returned.
DRAWING: One (1) potential Grand Prize, three (3) potential First Prize and ten (10) potential Second Prize winners will be selected in a random drawing held on or about July 25, 2008 from among all eligible entries received.
The drawing will be conducted by an independent judging agency. Odds of winning a prize depend on the number of eligible entries received. Potential winners will be notified by mail, phone, and/or e-mail and will be required to execute and return an affidavit of eligibility, a liability release and, where lawful, a publicity release within seven (7) days of date of issuance. If such documents are not returned within the specified time period, prize or prize notification is returned as undeliverable, Sponsor is unable to contact a potential winner within a reasonable time period or a potential winner is not in compliance with these rules, prize will be forfeited and, at Sponsor's discretion, an alternate winner selected. If a potential winner is at least 18 but considered a minor in his/her jurisdiction of residence, prize may be awarded in the name of his/her parent or legal guardian who will be responsible for fulfilling all requirements imposed on winners set forth herein.
PRIZES: ONE (1) GRAND PRIZE: Grand Prize consists of winner's choice of having either the interior OR the exterior of his/her home painted with Sherwin-Williams paint and utilizing a Sherwin-Williams selected painting contractor (retail value not to exceed $10,000, inclusive of paint and labor) and $5,000 in the form of a Bed Bath & Beyond® Gift Card, which may be used by winner to decorate his/her residence. Residence must be located within the 50 United States or District of Columbia. Residence must be either a single family dwelling, condo or apartment. All commercial buildings are excluded. A list of colors and paint types from which winner will be able to select will be provided by The Sherwin-Williams Company. Grand Prize winner is responsible for obtaining all permits and inspections and consents necessary to complete painting and is responsible for securing any insurance with respect to painting during and after painting. Upon completion of affidavit process for Grand Prize winner, he/she will indicate if he/she has selected interior or exterior painting services as his/her prize. Based upon selection, the judging organization will coordinate with a Sherwin-Williams representative who will visit the Grand Prize winner's home at a mutually agreed upon time to prepare an estimate. The estimate will include paint, labor and any standard paint preparation work. Grand Prize winner will be responsible for costs exceeding $10,000 prizing value should an estimate of services exceed the prize value and Grand Prize winner elects to move forward with painting services, or winner can adjust scope of project to fit within $10,000 Grand Prize retail value. Payment for difference in prize value may be required in advance. Released Parties (as defined below) are not responsible for contractor liens. Grand Prize winner will be responsible for all color selection choices. Based upon timely estimate approval by homeowner and painting contractor availability, a mutually agreed upon schedule will be provided to the Grand Prize winner. Grand Prize winner will make home reasonably available for painting. Grand Prize home painting must be completed by July 31, 2009.
While the Grand Prize winner is not obligated to retain the changes made to the interior/exterior of the residence, neither Sponsor nor The Sherwin-Williams Company is required to restore the residence to its original condition. The Grand Prize winner will be asked to provide written assurance of his/her willingness to accept the painting plan, and to provide a waiver of any liability in connection with the painting as a condition of winning this Sweepstakes, including release of any liability relating to any damages that may occur in connection with the painting. If Grand Prize winner is not the exclusive owner of his/her residence, he/she will be responsible for obtaining permission to paint from the applicable parties and may be asked and required to present proof of such permission in a form satisfactory to Sponsor and The Sherwin-Williams Company. If Grand Prize winner is unwilling or unable to accept painting portion of Grand Prize, Sponsor reserves the right to award the Bed Bath & Beyond® Gift Card only or to disqualify Grand Prize winner, and, at its discretion, select an alternate Grand Prize winner.
Approximate Retail Value ("ARV") of Grand Prize: $15,000 (ARV dependent upon certain factors including but not limited to, interior or exterior square footage of winner's home, paint products used, and geographic location).
THREE (3) FIRST PRIZES: $500 Bed Bath & Beyond® Gift Card and $500 Sherwin-Williams® Gift Card. ARV: $1,000 each.
TEN (10) SECOND PRIZES: $250 Bed Bath & Beyond® Gift Card and $250 Sherwin-Williams® Gift Card ARV: $500 each.
Total ARV of all prizes: $13,000-$23,000.
Gift cards are subject to certain terms and conditions specified by issuers. Prizes are awarded "as is" with no warranty or guarantee, either express or implied by Sponsor or The Sherwin-Williams Company, except as may be set forth on the label of the paint product. Winners may not substitute, assign or transfer a prize or redeem a prize for cash, but Sponsor reserves the right, at its sole discretion, to substitute a prize (or portion thereof) with one of comparable or greater value. Winners are responsible for all applicable federal, state and local taxes, if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided. Sponsor will provide Grand and First Prize winners with an IRS Form 1099 for actual value of prize. All prize details are at Sponsor's sole discretion. Limit one (1) prize per household.
GENERAL CONDITIONS: Sponsor, The Sherwin-Williams Company, their respective parents, affiliates, subsidiaries, retail locations and advertising and promotion agencies and all their respective officers, directors, employees, representatives, partners and agents (collectively, "Released Parties") are not responsible for lost, late, incomplete, inaccurate, delayed, stolen, misdirected, undelivered, illegible, damaged, or garbled, entries or for postage-due mail; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions, or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the prizes or in any Sweepstakes-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes. Released Parties are not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this Sweepstakes or downloading materials from or use of the web sites. Persons who tamper with or abuse any aspect of the Sweepstakes or web sites or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Should any portion of the Sweepstakes be, in Sponsor's sole opinion, compromised by any non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Sweepstakes and, if terminated, at its sole discretion, select the potential winners from all eligible, non-suspect entries received prior to action taken or as otherwise deemed fair and appropriate by Sponsor. Entrants, by participating, agree that Released Parties will have no liability whatsoever for, and shall be held harmless by entrants against, any liability, for any injuries, losses or damages of any kind, including death, to persons, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize (including any injury or harm related to the painting) or participation in this Sweepstakes. Each winner, by acceptance of prize, except where legally prohibited, grants permission for Sponsor and its designees to use his/her name, address (city and state), photograph, voice and/or other likeness and prize information for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval. In the event of a dispute regarding online entries received from multiple users having the same e-mail account, the authorized subscriber of the e-mail account at the time of entry will be deemed to be the entrant and must comply with these rules. Authorized account subscriber is the natural person who is assigned the e-mail address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning e-mail addresses.
WINNERS LIST: For the names of the winners (available after August 30, 2008), send a self-addressed, stamped envelope to: Paint, Decorate & Beyond® Sweepstakes, P.O. Box 110662, Trumbull, CT 06611, for receipt no later than July 15, 2008.
SPONSOR: Bed Bath & Beyond Inc., 110 Bi-County Boulevard, Farmingdale, NY 11735.
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