Five Star Painting, LLC | FIVE STAR PAINTING® NATIONAL COLOR DAY
PHOTO CONTEST SWEEPSTAKES
OFFICIAL RULES 2019
1) NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. THE SWEEPSTAKES IS OPEN ONLY TO LEGAL RESIDENTS OF the contiguous united states and canada (excluding quebec) and WHO ARE AT LEAST 21 YEARS OLD AT TIME OF ENTRY. VOID WHERE PROHIBITED.
2) SWEEPSTAKES DESCRIPTION AND PERIOD: “Five Star Painting® National Color Day Photo Contest” SWEEPSTAKES (the “Sweepstakes”) starts October 16, 2019 at 12:00AM CST and ends October 25th, 2019 at 11:59PM CST (the “Sweepstakes Period”). During the Sweepstakes Period, participants (each an “Entrant”) will post or comment a photo on either Facebook or Instagram, including hashtag “#FSPcolorday2019” to be entered for a chance to win. Prize will be a $250 VISA® gift card. A total of four (4) Prizes will be given away to four (4) winners. All Prize winners are subject to compliance with these Official Rules. The Prize winners will be randomly selected from all eligible Entrants during the Sweepstakes Period.
3) SPONSOR: This Sweepstakes is presented by Five Star Painting, L.L.C., located at 1010 N. University Parks Dr., Waco, TX 76707 (“Sponsor”).
If you have opted in to receive communications from us, but would prefer not to receive future giveaway mailings from Sponsor, please write to: Five Star Painting LLC 1010 N. University Park Drive, Waco, TX 76707 Attention: National Color Day Photo Contest.
4) ELIGIBILITY: VOID OUTSIDE THE CONTINENTAL U.S., IN RHODE ISLAND, FLORIDA, QUEBEC AND WHERE PROHIBITED BY LAW. The Sweepstakes is open only to legal residents of the Continental United States, the District of Columbia and Canada (excluding Quebec). To be eligible for the Sweepstakes, an individual must successfully enter the Sweepstakes, the process of Entry being described below, and: (i) be at least twenty-one (21) years or older on the date of Entry submission; (ii) be a legal U.S. or Canadian resident; and (iii) not be an employee (full-time or part-time), an immediate family member or a member of the household of an employee of Sponsor, its parent company, subsidiaries or affiliates, its franchisees and their subsidiaries and affiliates, or of any of their advertising and promotion agencies or any other business entity engaged in operating the Sweepstakes or selecting the winners of the Sweepstakes. The term “immediate family” includes spouses, sibling, parents, children, grandparents, and grandchildren, whether as “in-laws”, or by current or past marriage(s), remarriage(s), adoption, co-habitation or other family extension, and any other persons residing at the same household whether or not related. Entries are limited to one (1) entry per person, per household, per email address. All photography submitted must be owned property of the Entrant. All Entries not strictly meeting the criteria set forth in these Official Rules are disqualified. Participation constitutes Entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final, binding and indisputable in all matters related to the Sweepstakes. Winning the Prize is contingent upon fulfilling all requirements set forth herein.
5) HOW TO ENTER: NO PURCHASE IS NECESSARY TO ENTER OR WIN, and no entry fee or payment is necessary to participate in the Sweepstakes. Entrants must have internet access and a valid email address to participate. To enter the Sweepstakes, Entrants must post or comment a photo on either Facebook or Instagram, including hashtag “#FSPcolorday2019 to enter (and “Entry”). This may include providing certain information such as first name, last name, email address, postal address, and phone number. Incomplete Entries or Entries that do not fully comply with these Official Rules and the Submission Guidelines, in the sole discretion of Sponsor, will not be eligible. Each Entrant is solely responsible for any and all uses of any registered Facebook account. To enter the Sweepstakes, Entrants must comment or post a photo and include the hashtag “#FSPcolorday2019” on either Facebook or Instagram to be entered to win. Entrants may instead email a photo to email@example.com by October 25, 2019 11:59pm CST to be entered to win.
Facebook® is a registered trademark of Facebook, Inc. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook. By entering this Sweepstakes you understand that you are providing your information to Sponsor and not to Facebook and you agree to release and hold harmless Facebook from any and all claims related to your entry in the Sweepstakes. The information you provide will only be used for verification of your eligibility to participate in the promotion and as otherwise provided for in these Official Rules. Please direct any questions or comments regarding this promotion to Sponsor. Each Entrant is solely responsible for any and all uses of his/her registered Facebook account.
To enter by mail, legibly hand print your First Name, Last Name and Email Address on a card, and mail the Entry and photo postmarked by October 25, 2019 (“the Sweepstakes Deadline”) to:
Five Star Painting LLC
Attn: National Color Day Photo Contest
1010 N. University Parks Drive
Waco, Texas 76707
ALL ENTRIES MUST BE RECEIVED BY THE SWEEPSTAKES PERIOD AND NO LATER THAN THE SWEEPSTAKES DEADLINE. Only one Entry per person, per household, per email address will be allowed, regardless of the method of Entry. Multiple Entries submitted by a single Entrant are void. The use of script, macro, automated entry or similar devices or any other devices that subvert the entry process to participate is prohibited and all Entries through such devices are void. Entrants must fully complete and submit all non-optional information requested to be eligible for the Sweepstakes. All Entries and any other submitted materials become the property of Sponsor and none will be returned. Sponsor is not responsible for transactions or Entries that are lost (for any reason including computer, telephone, human or other error or omission), incomplete, inaccurate, interrupted, stolen, deleted, delayed, garbled, mutilated, damaged, illegible, late or misdirected or that are processed, reported undeliverable or transmitted incorrectly; or for printing, typographical or other errors appearing within these Official Rules, in any Sweepstakes-related advertisements or other materials; or for other errors or problems of any kind whether mechanical, technical, human, telephonic, network, electronic wireless or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or problems which may occur in connection with the administration of the Sweepstakes, the processing of Entries, the announcement of each Prize, the inability to access any web site associated with this Sweepstakes or process any transaction thereon or for inaccurate transmissions or failure to receive Entry information on account of technical problems, traffic congestions on the Internet or any combination thereof. Any such Entries will be void.
By entering this Sweepstakes, each Entrant gives express permission to be contacted by Sponsor and/or its designee by email and/or postal mail for Sweepstakes purposes only.
Based upon your cellular phone provider, standard data rates may apply if you use your cellular phone to participate in this Sweepstakes. Please check with your cellular phone provider to determine if you will incur charges before participating in the Sweepstakes.
6) PRIZE/ODDS/TAXES: Four (4) Prize winners will be randomly selected from all eligible Entrants who submit an Entry during the Sweepstakes Period. Each Prize winner will be awarded a two hundred and fifty dollar ($250 USD) VISA® gift card. VISA® is a registered trademark of Visa International Service Association Corporation VISA® is protected under United States, Canada and/or international intellectual property laws. This Sweepstakes is in no way sponsored, endorsed, administered by or associated with Visa
Odds of Winning Prize(s): Estimated odds of winning are 1:25,000; however, the actual odds of winning depend upon the total number of eligible Entries received during the Sweepstakes Period.
Taxes: Each Prize winner will be solely responsible and liable for any and all federal, state, provincial, local and other taxes, fees and/or surcharges or taxes associated with the Prize and for any other expenses and costs not specifically described herein. By entering the Sweepstakes, each Entrant agrees that, if selected as a Prize winner, Entrant will provide Sponsor with all information required for Sponsor to complete the appropriate tax forms and related documents (if any), including, without limitation, a W-9 Form.
Sponsor bears no responsibility if any event, element or detail of a Prize is canceled, postponed or becomes unavailable for any reason. Should any event, element or detail of a Prize become unavailable, the Sponsor shall have no obligation to the Prize winners.
General: The approximate retail value of each Prize in the Sweepstakes is two hundred and fifty dollars ($250 USD). Prizes are non-assignable and non-transferable. No more than the stated number and value of prizes listed in these Official Rules will be awarded. Sponsor reserves the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes.
7) WINNER REQUIREMENTS: Each Prize winner will be required to provide proof of compliance with the requirements of the Sweepstakes Official Rules for winning the Prize. Each Prize winner must provide proof of identity, proof of age on the Entry date and proof of legal residency in his/her state, province or territory of residency. Sponsor will be the sole arbiter as to the sufficiency of said proof. Entry constitutes acceptance of these Official Rules. Failure to comply with any of the Official Rules or procedures set forth herein will result in forfeiture of Prizes and an alternate winner may be randomly selected.
8) WINNER SELECTION/NOTIFICATION: On or about October 30th, 2019, Sponsor will randomly select four (4) Entrants from among all eligible Entries received during the Sweepstakes Period to award the four (4) Prizes.
No potential Prize winners are Official Winners unless Sponsor confirms such. Potential Prize winners will be notified via method of entry, including Facebook or Instagram direct messaging or email. Sponsor will make two (2) attempts, two (2) days apart, to contact the potential Prize winner via such method. Potential Prize winner will have four (4) calendar days from the time of the first notification attempt to respond to Sponsor or else Sponsor will move on to randomly select and notify an alternate Prize winner. Potential Prize winners will be required to confirm their address before delivery of such Prize, or Sponsor may simply mail such prize to the Prize winner at the contact information provided. If any notification attempt or Prize delivery fails or is returned for any reason, such Prize winner may forfeit the prize, and Sponsor will randomly select an alternate Prize winner from among all eligible Entries received during the Sweepstakes Period.
Each Entrant agrees that Sponsor has the sole right, authority and discretion to determine each winner of the Sweepstakes and to resolve all matters or disputes arising from the Sweepstakes and that Sponsor’s determination is final and binding.
In the event of a dispute as to the identity of any online Entrant based on an email address, Entrant will be deemed to be the “authorized account holder” of the email address submitted at the time of Entry provided Entrant is eligible according to these Official Rules. “Authorized account holder” of the email address is defined as the natural person who is assigned to the email address by an Internet access provider, online service provider or other organization (e.g., a business, educational institution, etc.) which is responsible for assigning email addresses for the domain associated with the submitted email address. In the event a winning “Authorized account holder” is a joint account, a total of one (1) Prize will be awarded in the names of the joint account holders. Proof (to Sponsor’s satisfaction) of being the authorized account holder may be required by Sponsor. Sponsor reserves the right to modify prize award procedures.
9) WINNER: To obtain the winners’ names, send a self-addressed, stamped envelope to the Sponsor at: Five Star Painting, L.L.C., 1010 N. University Parks Dr., Waco, TX 76705, Attn: Five Star Painting® Marketing: National Color Day Contest.
10) CONDITIONS OF ENTRY:
- Use of Entrant Information: By entering the Sweepstakes, each Entrant grants permission to Sponsor and its agents, designees, and licensees, without further compensation, to the use of the Entrant’s name, voice, photograph/likeness and any other information provided in Entrant’s Entry for advertising and promotional purposes, worldwide and in perpetuity, in any and all forms of media, now known or hereafter devised (including and without limitation, the Internet), except where prohibited by law. Upon request, any Prize winner will provide consent to such in writing. Entrant’s name and email address may be used by Sponsor and shared with Sponsor’s partners for marketing purposes if Entrant opts-in, via his or her Entry, to receiving such communications. Entrant’s agreement to receive marketing materials is not a condition of entering the Sweepstakes nor does it increase Entrant’s chances of winning.
- Execution of an Affidavit of Eligibility by each Prize Winner: Except where prohibited by law, by entering, each Entrant agrees that, if selected as a Prize winner, Entrant will sign an affidavit of eligibility, in the form presented by Sponsor. By entering, Entrants give express permission to be contacted by Sponsor by email relating strictly to the Sweepstakes.
- Disqualification: Sponsor reserves the right, in its sole discretion, to disqualify any Entrant who fails or refuses to comply with these Official Rules, who enters or attempts to enter the Sweepstakes, in any manner, or through any means, other than as described in these Official Rules, or who disrupts or attempts to disrupt the Sweepstakes or circumvents any of these Official Rules.
- Compliance with Laws: All federal and state, provincial and local laws and regulations apply.
- Content Ownership: All intellectual property, including but not limited to trademarks, tradenames, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned and or used under license by the Sponsor and/or their affiliates. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owner is strictly prohibited.
- Termination: Sponsor reserves the right to terminate the Sweepstakes for any or no reason, at any time, with or without notice, prior to the end of the Sweepstakes Period, or to modify, suspend or immediately terminate the online portion of the Sweepstakes if infected with a computer virus or is otherwise technically impaired.
11) LIMITATIONS OF LIABILITY: BY ENTERING, EACH ENTRANT AGREES TO RELEASE, INDEMNIFY AND HOLD HARMLESS SPONSOR, ITS PARENT CORPORATION, SUBSIDIARIES, AFFILIATES, LICENSEES, PRIZE SUPPLIERS, AND ADVERTISING AND PROMOTION AGENCIES, AND EACH OF THEIR RESPECTIVE AGENTS, REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS, AND EMPLOYEES (COLLECTIVELY, “RELEASEES”) FROM AND AGAINST ANY INJURIES, LOSSES, DAMAGES, CLAIMS, ACTIONS, OR LIABILITY OF ANY KIND RESULTING FROM OR ARISING FROM PARTICIPATION IN THE Sweepstakes OR ACCEPTANCE, POSSESSION, USE, MISUSE OR NONUSE OF ANY PRIZE THAT MAY BE AWARDED. RELEASEES ARE NOT RESPONSIBLE FOR TECHNICAL, COMPUTER, MECHANICAL, NETWORK, WIRELESS, TELEPHONE EQUIPMENT, ELECTRONIC, HARDWARE OR SOFTWARE MALFUNCTIONS OF ANY KIND, ERRORS, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATIONS OR TRANSMISSION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO OR ALTERATIONS OF ENTRY MATERIALS, TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ANY COMBINATION THEREOF, PRINTING, TYPOGRAPHICAL, HUMAN OR OTHER ERRORS RELATING TO OR IN CONNECTION WITH THE GIVEAWAY, INCLUDING, WITHOUT LIMITATION ERRORS WHICH MAY OCCUR IN THE ADMINISTRATION OF THE GIVEAWAY, THE PROCESSING OF ENTRIES, THE ANNOUNCEMENT OF THE PRIZE, OR IN ANY GIVEAWAY RELATED MATERIALS. BY ENTERING, EACH ENTRANT AGREES THAT: A.) UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES; B.) ALL CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS GIVEAWAY, OR THE PRIZE AWARDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; C.) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, BUT IN NO EVENT ATTORNEYS FEES; AND D.) In no event shall the total liability of either party exceed the Sweepstakes prize value.
12) WINNER RELEASES: All Entrants, as a condition of Entry into the Sweepstakes, agree to release Sponsor, from and against any and all liability, loss, claims, demands or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with: (a) accessing the Entry Page; (b) submitting an Entry or otherwise participating in any aspect of the Sweepstakes; (c) the receipt, ownership or use of any Prize awarded; (d) preparing for, participating in or traveling to and/or from any Prize-related activity; or (e) any typographical or other error in these Official Rules or the announcement of the offering of the Prize. Each Prize winner shall bear all risk of loss or damage to the Prize after it has been delivered. The Sponsor makes no representations or warranties of any kind concerning the appearance, safety, or performance of the Prize. Except for residents of Tennessee and where prohibited by law, each Prize winner grants to Sponsor the right to print, publish, broadcast and use worldwide in any media now known or hereinafter known or developed (including without limitation use online at the Sweepstakes, Sponsor’s website (the “Website”), in perpetuity the Prize winner’s Entry, name, address, voice, statement, picture or other likeness, without additional compensation, for public relations, advertising and promotional purposes as may be determined by Sponsor.
13) GOVERNING LAW/JURISDICTION: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Entrants, Sponsor, and promotion entities in connection with the Sweepstakes shall be governed and construed in accordance with the internal laws of the State of Texas without giving effect to any choice of law of conflict of law Official Rules or provisions that would cause the application of any other state or province’s laws. EXCEPT AS PROHIBITED BY LAW AND AS A CONDITION OF PARTICIPATING IN THIS SWEEPSTAKES, ENTRANT HEREBY WAIVES ANY RIGHT HE/SHE MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS SWEEPSTAKES, ANY DOCUMENT OR AGREEMENT ENTERED INTO IN CONNECTION HEREWITH AND ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY.
- Collection of Information: The information which the Sponsor collects through the Website may include personally identifiable information ("Personal Information") which refers to information that helps it identify users or viewers of the Website (collectively, "Users" and each a "User"). The Personal Information includes data such as a User’s name, street address, phone number, facsimile number, email address, username and password. The Website allows Users to submit Personal Information in order to contact or communicate with Sponsor. If User contacts Sponsor through its website www.fivestarpainting.com please note that Personal Information may be maintained by that website. Users are responsible for keeping all Personal Information current and may change any previously entered information through the Website in the manner set forth below.
- Use of Personal Information: Sponsor uses the information that is collected about Users for a variety of purposes. Personal Information about Users will also be used, if applicable, to provide customer service, confirm and fulfill your orders, ship your orders, and administer payments and possible problems and disputes with dispatchers and other service providers.
- Sponsor will not sell, distribute or lease Personal Information to third parties unless Sponsor has User’s permission or are required by law to do so.
- Security of Collected Personal Information: Once collected, Sponsor maintains physical, electronic and administrative steps to ensure that the Personal Information remains accurate, timely and secure from unauthorized or inappropriate access. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure and while we strive to protect your personal information, we cannot guarantee or warrant its complete security. Sponsor shall not be responsible for harm that User or any person may suffer as a result of a breach of confidentiality in respect to use of the Website or any information transmitted to the Website.
- Non-Personal Information: Sponsor collects certain aggregate and non-Personal Information when you visit the Website. Aggregate and non-Personal Information does not relate to a single identifiable visitor. It tells us such things as how many Users visited the Website and the pages accessed. By collecting this information, Sponsor learns how to best tailor its Website to its visitors. Sponsor collects this information through “cookie” technology.
- Protection of Children: Sponsor does not knowingly collect or use any Personal Information from children (minors younger than 13) through the Website. If you are a parent and believe Sponsor may have inadvertently collected such information from your child, please notify Sponsor immediately by calling: (254) 745-2540
ABBREVIATED RULES: NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. You have not yet won. The Sweepstakes is open only to legal residents of the continental United States and Canada (excluding Quebec) who are twenty-one (21) years old or older as of the date of Entry, and have internet access and a valid email address. Entries must be received between 12:00:00 AM CST October 16, 2019, and 11:59:59 PM CST October 25th, 2019. To enter, comment or post a photo and include the hashtag “#FSPcolorday2019” on either Facebook or Instagram. To enter by mail, send a photo and legibly hand print your First Name, Last Name, Email Address, Postal Address, City, State or Province, Zip of Postal Code, Phone Number. Limit: one entry per person, per household, per email address during the Sweepstakes Period. Four (4) Prize winners will be randomly selected from all eligible Entries submitted during the Sweepstakes Period. Each Prize winner will be awarded a two hundred and fifty dollar ($250 USD) VISA® gift card. VISA® is a registered trademark of Visa International Service Association Corporation. VISA® is protected under United States, Canada and/or international intellectual property laws. This Sweepstakes is in no way sponsored, endorsed, administered by or associated with Visa Estimated odds of winning are 1:25,000; however, the actual odds of winning depend upon the total number of eligible Entries received during the Sweepstakes Period. To obtain the winner’s name, send a self-addressed, stamped envelope to the Sponsor at Five Star Painting, L.L.C., 1010 N. University Parks Dr., Waco, TX 76705, Attn: Five Star Painting® Marketing: National Color Day Contest.