NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE
THE CHANCES OF WINNING.
1. Eligibility: This Campaign is open only to those who sign up at www.FreshCoatPainters.com
and who are 18 years old as of the date of entry. The Campaign is only
open to legal residents in a Fresh Coat Painters service area and is void
where prohibited by law. Employees of F.C. Franchising Systems, Inc.,
dba Fresh Coat Painters (“Fresh Coat Painters”), its affiliates,
directors, officers, affiliates, and their franchisees, advertising and
promotion agencies and suppliers (collectively the “Ineligible Parties”),
and immediate family members and/or those living in the same household
of Ineligible Parties are not eligible to participate in the Campaign.
The Campaign is subject to all applicable federal, state, and local laws
and regulations. Void where prohibited.
2. Agreement to Rules: By participating, the Contestant (“You”)
agrees to be fully and unconditionally bound by these Rules. You represent
and warrant that You meet the eligibility requirements. In addition, you
agree to accept the decisions of Fresh Coat Painters as final and binding
as it relates to the content of this Campaign.
3. Campaign Period: Entries will be accepted online starting on June 8,
2020 at 12:00 AM (EST) and ending June 21, 2020 at 11:59 PM (EST) All
online entries must be received by June 21, 2020 at 11:59 PM (EST)
4. How to Enter: The Campaign must be entered by submitting an entry using
the online form provided at www.FreshCoatPainters.com and submitting a
digital photo of the project. The entry must fulfill all Campaign requirements,
as specified, to be eligible to win a prize. Entries that are incomplete
or do not adhere to the rules or specifications may be disqualified at
the sole discretion of Fresh Coat Painters. You may enter only once. You
must provide the information requested. You may not enter more times than
indicated by using multiple email addresses, identities, or devices in
an attempt to circumvent the rules. If You use fraudulent methods or otherwise
attempt to circumvent the rules, your submission may be removed from eligibility
at the sole discretion of Fresh Coat Painters.
5. Prizes: The Winner(s) of the Campaign (the “Winner”) will
receive a professional room paint project, including Sherwin-Williams
paint. The project is valued at $1,500. Actual/appraised value may differ
at time of prize award. The specifics of the prize shall be solely determined
by Fresh Coat Painters. No cash or other prize substitution shall be permitted
except at Fresh Coat Painters. discretion. The prize is nontransferable.
Any and all prize-related expenses, including without limitation any and
all federal, state, and/or local taxes, shall be the sole responsibility
of Winner. No substitution of prize or transfer/assignment of prize to
others or request for the cash equivalent by Winner is permitted. Acceptance
of prize constitutes permission for Fresh Coat Painters. to use Winner’s
name, likeness, and entry for purposes of advertising and trade without
further compensation, unless prohibited by law.
6. Odds: The odds of winning depend on the number of eligible entries received.
7. Winner Selection and Notification: Winner will be selected by a random
drawing under the supervision of Fresh Coat Painters. Winner will be notified
by email within five (5) days following selection of Winner. Fresh Coat
Painters shall have no liability for Winner’s failure to receive
notices due to spam, junk e-mail or other security settings or for Winner’s
provision of incorrect or otherwise non-functioning contact information.
If Winner cannot be contacted, is ineligible, fails to claim the prize
within 14 days from the time award notification was sent, or fails to
timely return a completed and executed declaration and release as required,
the prize may be forfeited and an alternate Winner selected. Receipt by
Winner of the prize offered in this Campaign is conditioned upon compliance
with any and all federal, state, and local laws and regulations. ANY VIOLATION
OF THESE OFFICIAL RULES BY WINNER (AT Fresh Coat Painters’ SOLE
DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF
THE CAMPAIGN, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
8. Rights Granted by You: By entering this content (e.g., photo, video,
text, etc.), You understand and agree that Fresh Coat Painters, anyone
acting on behalf Fresh Coat Painters, and Fresh Coat Painters’ licensees,
successors, and assigns, shall have the right, where permitted by law,
to print, publish, broadcast, distribute, and use in any media now known
or hereafter developed, in perpetuity and throughout the World, without
limitation, your entry, name, portrait, picture, voice, likeness, image,
statements about the Campaign, and biographical information for news,
publicity, information, trade, advertising, public relations, and promotional
purposes. without any further compensation, notice, review, or consent.
By entering this content, You represent and warrant that your entry does
not violate any third party’s proprietary or intellectual property
rights. If your entry infringes upon the intellectual property right of
another, You will be disqualified at the sole discretion of Fresh Coat
Painters. If the content of your entry is claimed to constitute infringement
of any proprietary or intellectual proprietary rights of any third party,
You shall, at your sole expense, defend or settle such claims. You shall
indemnify, defend, and hold harmless Fresh Coat Painters from and against
any suit, proceeding, claims, liability, loss, damage, costs or expense,
which Fresh Coat Painters may incur, suffer, or be required to pay arising
out of such infringement or suspected infringement of any third party’s right.
9. Terms & Conditions: Fresh Coat Painters reserves the right, in its
sole discretion, to cancel, terminate, modify or suspend the Campaign
should virus, bug, non-authorized human intervention, fraud, or other
cause beyond Fresh Coat Painters’ control corrupt or affect the
administration, security, fairness, or proper conduct of the Campaign.
In such case, Fresh Coat Painters may select the Winner from all eligible
entries received prior to and/or after (if appropriate) the action taken
by Fresh Coat Painters. Fresh Coat Painters reserves the right, in its
sole discretion, to disqualify any individual who tampers or attempts
to tamper with the entry process or the operation of the Campaign or website
or violates these Terms & Conditions. Fresh Coat Painters has the
right, in its sole discretion, to maintain the integrity of the Campaign,
to void votes for any reason, including, but not limited to: multiple
entries from the same user from different
IP addresses; multiple entries from the same computer in excess of that
allowed by Campaign rules; or the use of bots, macros, scripts, or other
technical means for entering. Any attempt by an entrant to deliberately
damage any website or undermine the legitimate operation of the Campaign
may be a violation of criminal and civil laws. Should such attempt be
made, Fresh Coat Painters reserves the right to seek damages to the fullest
extent permitted by law.
10. Limitation of Liability: By entering, You agree to release and hold
Fresh Coat Painters and its affiliates, franchisees, advertising and promotion
agencies, shareholders, representatives, agents, successors, assigns,
employees, officers, and directors from any liability, illness, injury,
death, loss, litigation, claim, or damage that may occur, directly or
indirectly, whether caused by negligence or not, from: (i) such entrant’s
participation in the Campaign and/or his/her acceptance, possession, use,
or misuse of any prize or any portion thereof; (ii) technical failures
of any kind, including but not limited to the malfunction of any computer,
cable, network, hardware, or software, or other mechanical equipment;
(iii) the unavailability or inaccessibility of any transmissions, telephone,
or Internet service; (iv) unauthorized human intervention in any part
of the entry process or the Promotion; and (v) electronic or human error
in the administration of the Promotion or the processing of entries.
11. Disputes: THIS CAMPAIGN IS GOVERNED BY THE LAWS OF THE STATE OF OHIO,
WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating
in this Campaign, participant agrees that any and all disputes that cannot
be resolved between the parties, and causes of action arising out of or
connected with this Campaign, shall be resolved individually, without
resort to any form of class action, exclusively before a court located
in Ohio having jurisdiction. Further, in any such dispute, under no circumstances
shall participant be permitted to obtain awards for, and hereby waives
all rights to, punitive, incidental, or consequential damages, including
reasonable attorney’s fees, other than participant’s actual
out-of-pocket expenses (i.e. costs associated with entering this Campaign).
Participant further waives all rights to have damages multiplied or increased.
12. Winners List: To obtain a copy of the Winner’s name or a copy
of these Official Rules, mail your request along with a stamped, self-addressed
envelope to: Fresh Coat Painters, 4755 Lake Forest Drive, Cincinnati,
Ohio, 45242. Requests must be received no later than June 24, 2020 11:59 PM (EST).
13. Sponsor: The Sponsor of the Campaign is Fresh Coat Painters, 4755 Lake
Forest Drive, Cincinnati, Ohio, 45242.
14. Facebook: The Campaign hosted by Fresh Coat Painters. is in no way
sponsored, endorsed, administered by, or associated with Facebook.
15. FRESH COAT is a registered trademark of F.C. Franchising Systems, Inc.
and each Fresh Coat location is an independently owned and licensed user
of that trademark. Proprietary and confidential property of F.C. Franchising
Systems, Inc. is used under license.
