DURASPAR INDUSTRIAL PERFORMANCE CONTEST
NO PURCHASE OR PAYMENT IS NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
Sponsor: The Valspar Corporation, Minneapolis, MN 55440-1461 (“Sponsor”).
Eligibility: The Duraspar Industrial Performance Contest (“Contest”) is open to legal residents of the United States and the District of Columbia, excluding Puerto Rico, who are at least 18 years of age at the time of entry. Employees, officers and directors of Sponsor, and its affiliates, subsidiaries, licensees, wholesalers, distributors, dealers, sales representatives, advertising and promotion agencies, and any and all other companies associated with the advertising and promotion agencies, and their immediate family members (spouse, children, parents, grandparents, siblings) and persons residing in the same household (whether or not related) of each are not eligible to participate. Contest is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law.
Agreement to Official Rules: By participating in this Contest, entrants agree to abide by the terms and conditions thereof as established by Sponsor. Sponsor reserves the right to qualify all submissions and to reject any submissions that do not meet the requirements for participation as established by Sponsor.
To Enter: Access Sponsor’s website at www.valsparindustrial.com/giveaway between November 17, 2016 at 12:00 AM CST and January 12, 2017 at 11:59 PM CST. To enter, provide your answers to the questions listed and provide the identifying information requested within the entry form so that you may be contacted if you are a winner.
By entering, all entrants consent to the use by Sponsor of all the information provided in the entries for marketing and/or sales promotional purposes without any attribution, identification, right of review or compensation. Entries submitted without complete identifying information will not be eligible to win. Limit one entry per person. By participating in the Contest, each entrant accepts and agrees that Sponsor, in its sole discretion, may disqualify any entrant who (whether in fact or by attempt) subverts, circumvents, or tampers with the entry process, or the lawful operation of this Contest, or who Sponsor finds to be acting in an unsportsmanlike or disruptive manner, or in a manner otherwise in violation of these Official Rules. Use of any robotic, automatic, programmed or similar entry method or more than one entry during the entry period will void all entries and result in disqualification.
Sponsor assumes no responsibility for computer system, hardware, software or program malfunctions or other errors, failures, delayed computer transactions or network connections that are human or technical in nature, or for damaged, lost, late, illegible or misdirected entries; technical, hardware, software, electronic or telephone failures of any kind; lost or unavailable network connections; fraudulent, incomplete, garbled or delayed computer transmissions whether caused by Sponsor, the users, or by any of the equipment or programming associated with or utilized in this contest; or by any technical or human error that may occur in the processing of submissions or downloading, that may limit, delay or prevent an entrant’s ability to participate in the Contest.
Sponsor reserves the right, in its sole discretion, to cancel or suspend this Contest and award a prize from entries received up to the time of termination or suspension should virus, bugs or other causes beyond Sponsor’s control, unauthorized human intervention, malfunction, computer problems, phone line or network hardware or software malfunction, which, in the sole opinion of Sponsor, corrupt, compromise or materially affect the administration, fairness, security or proper play of the contest or proper submission of entries. Sponsor is not liable for any loss, injury or damage caused, whether directly or indirectly, in whole or in part, from downloading data or otherwise participating in this Contest.
Drawing: Winner will be selected at Sponsor’s sole discretion on or about January 19, 2017 in a drawing from all eligible entries received. The drawing will be conducted by Sponsor, whose decisions and interpretations on all matters relating to the Contest and these Official Rules are final and binding in all respects. Potential winner will be notified via e-mail and, to remain eligible to win prize, must respond to the email within 7 days. Prizes will be shipped to the winner at provided address approximately two (2) weeks after the selection of the winner. If any potential winner cannot be contacted for any reason (including e-mail notifications that are not received due to being classified as “SPAM” or “junk”), if prize is returned as undeliverable mail, or if potential winner is found to be ineligible or otherwise not in compliance with these Official Rules, prize will be forfeited and an alternate potential winner selected from among all remaining eligible entries received provided there are a sufficient number of eligible entries.
Prizes: One (1) winner will receive a YETI® Tundra 50 cooler (ARV $379.99 USD each). The combined total ARV of all prizes is $379.99 USD. Taxes, if any, are the sole responsibility of each winner. Sponsor makes no warranties or disclaimers concerning the prizes beyond those customarily given by the manufacturer of the prizes. Sponsor reserves the right to substitute a different prize of approximately equivalent value in its sole discretion.
Odds of Winning: Odds of winning depend upon the total number of eligible entries received.
Prize Restrictions: All unspecified expenses in conjunction with acceptance and use of prize as well as taxes (if any) on prize are winner’s sole responsibility. Prizes cannot be transferred. No substitution of prize (or cash equivalent of prize) is allowed except by Sponsor in its sole discretion for prize of comparable value. Sponsor makes no warranties or disclaimers concerning the prizes beyond those customarily given by the manufacturer of the prizes.
Releases: By participating in Contest, entrant releases and agrees to hold harmless Sponsor, its respective parent companies, affiliates, divisions, subsidiaries, and the directors, officers, agents, shareholders, representatives, employees, successors and assigns of any of the above entities, from any and all liability associated (directly or indirectly, in whole or in part) with entrant’s participation in the Contest (including but not limited to violation of trademark, copyright, right of publicity, right of privacy or other third party rights in conjunction with content of entrant's review), entrant’s participation in any Contest-related activity and receipt, acceptance, possession or use/misuse of prizes. Sponsor makes no representation, warranty or guarantee of any kind regarding the prizes, including its merchantability or fitness for the intended purpose. By accepting prize, where permitted by law, winners grant Sponsor and its designees the right to print, publish, broadcast and use his/her name, portrait, picture, voice, likeness and biographical information, as well as the review submitted by winner, for advertising, trade and promotional purposes without additional compensation or notice.
Force Majeure: If, for any reason, the Contest (or any part thereof) is not capable of running as planned by reason of computer virus, bug, system malfunction, tampering, unauthorized intervention, fraud, technical failures, fire, flood, storm or other natural cataclysm, riot, strike, civil commotion, governmental regulation or any other causes beyond the control of Sponsor which, in its sole opinion, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest (or any part thereof), Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest and conduct the Contest and select the prize winners in a manner which is fair, equitable and in accordance with these Official Rules, as determined by Sponsor in its sole discretion. Notice of such action by Sponsor will be posted on Sponsor’s website.
Sponsor’s failure to enforce any provision of these Official Rules does not constitute the waiver of such provision.
CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE, TAMPER WITH THE ENTRY PROCESS, OR OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL AND TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW (IN ADDITION TO DISQUALIFICATION OF SUCH PERSON AND VOIDING OF HIS/HER ENTRY, IF APPLICABLE).
Disputes: Entrants agree that (a) any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively in Minnesota State or Federal Courts and hereby agrees to the personal jurisdiction of such courts as well as waives any right he/she may have to change of venue, forum non conveniens or any like right; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest but in no event attorneys’ fees; and (c) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to, claim punitive, incidental and consequential damages and any other damages, other than actual, out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of State of Minnesota, without giving effect to any choice of law or conflict of law rules (whether of the State of Minnesota or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than State of Minnesota.
Contest Results and Official Rules: To obtain the identity of the winners and/or a copy of these Official Rules,contact The Valspar Corporation, Attn: Chelsea Hagel, P.O. Box 1461, Minneapolis, MN 55440 or at (612) 851-7968.