THE FOLLOWING PROMOTION IS INTENDED FOR VIEWING IN THE FIFTY (50) UNITED STATES, THE DISTRICT OF COLUMBIA AND CANADA ONLY (EXCLUDING, WITHOUT LIMITATION, QUEBEC, PUERTO RICO AND OTHER U.S. TERRITORIES AND POSSESSIONS) AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW AND AMERICAN ENGLISH. TO PARTICIPATE IN THE SHERWIN-WILLIAMS® STUDENT DESIGN CHALLENGE YOU MUST BE 18 YEARS OF AGE OR OLDER (CANADIAN RESIDENTS MUST BE THE AGE OF MAJORITY IN THEIR PROVINCE OF RESIDENCE) AND ENROLLED AS A STUDENT DURING THE ENTRY PERIOD OF THE CHALLENGE. YOU MUST NOT BE EMPLOYED AS A PROFESSIONAL DESIGNER.
THIS OFFER MAY NOT BE REPRODUCED, REPRINTED OR PUBLISHED ELSEWHERE IN ANY FORMAT WITHOUT THE WRITTEN PERMISSION OF THE SPONSOR.
SHERWIN-WILLIAMS® STUDENT DESIGN CHALLENGE OFFICIAL RULES
ONCE YOU SUBMIT YOUR DESIGN, IT BECOMES THE PROPERTY OF THE SHERWIN-WILLIAMS COMPANY (“SHERWIN-WILLIAMS”)
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT IMPROVE AN ENTRY’S CHANCE OF WINNING. VOID WHERE PROHIBITED.
BY ENTERING THE PROMOTION, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE PROMOTION ENTITIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
- DESCRIPTION: The Sherwin-Williams® Student Design Challenge (the “Challenge” or “Promotion”) begins at 9:00:00 AM Central Time (“CT”) on February 1, 2018, and ends at 9:00:00 PM CT on April 12, 2018 (the “Promotion Period”). The Promotion will have a Challenge Period and a Fan Voting Period.
- THE CHALLENGE PERIOD begins at 9:00:00 AM CT on February 1, 2018 and ends at 11:59:59 PM CT on March 15, 2018 (the “Challenge Period”). No submissions will be accepted after March 15, 2018.
- PUBLIC VOTING will take place from 9:00:00 AM CT on April 5, 2018 and ends at 9:00:00 PM CT on April 12, 2018 (the “Fan Voting Period”).
- SUBMISSIONS: Submission Requirements for both a Residential Design and for a Commercial Design: (1) The Submission must include a color rendering of an interior space. (2) The color rendering must illustrate the use of a defined palette (“Palette”) that includes a minimum of three Sherwin-Williams colors. The Palette must include three Sherwin-Williams colors and be listed on the color rendering, or on a separate page (as defined in paragraph #4 below). (3) In the rendering, the three Sherwin-Williams colors must be specified on a wall or as a surface coating. If a color is only specified in non-coating décor elements (i.e. in fabrics, accessories, etc.) it will not count toward the minimum requirements. (4) The Submission project description must describe the project and explain how color was integral to the design solution. (5) Submission description cannot be more than 175 words. (6) Submission may consist of up to three (3) renderings (views or room angles) for the same one (1) room or multiple rooms. (7) Your Submission must be uploaded in JPEG or PNG file format in the highest resolution possible, while no larger than 10 MB in file size. (8) Your Submission must be entirely your own work, or the work of your student design team. (9) You cannot take any elements from any other artist’s creation, work or pieces. (10) You agree that once you submit your Submission, it becomes the property of Sponsor. Submissions may be made by an individual or as a design team. Each design team must designate one Individual as the team contact and each design team must list all of the team members’ information that is requested. Only the individuals listed as team members will be eligible to receive a prize. Each individual entrant or design team can only submit one entry for a Residential Design and one entry for a Commercial Design. If a person is a part of a design team, that individual CANNOT submit an individual entry in that category.
ELIGIBILITY: The Promotion is open only to legal residents of the fifty (50) United States, the District of Columbia and Canada (excluding, without limitation, Quebec, Puerto Rico, other U.S. territories and possessions, and where prohibited by law), who are 18 years of age or older or, for Canadian residents, who are above the age of majority in the province or territory in which they reside, at the time of entry and enrolled as a student during the Entry Period of the Challenge. The Promotion is not open to students who are currently employed as a professional designer. Employees of Sponsor and its respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies and each of their respective officers and directors, or any persons or entities directly associated with the Challenge and members of their immediate families and/or persons living in the same household as such persons (collectively, the “Promotion Entities”), are ineligible to enter the Challenge. Subject to all applicable federal, state, and local laws and regulations.
US Residents: All international students legally residing in the U.S. on a student visa are eligible to enter. All US residents, including international students residing in the U.S., must have either a Social Security Number (“SSN”) or an Individual Taxpayer Identification Number (“ITIN”) at the time of being notified as a potential winner to be eligible to win (see additional information below in the NOTIFICATION section). All design team members must meet the eligibility requirement for the design team entry to be eligible. If one or more design team members are found to be ineligible, the entry will be deemed ineligible.
Canadian Residents: All international students legally residing in Canada on a student visa are not eligible to enter. All design team members must meet the eligibility requirement for the design team entry to be eligible. If one or more design team members are found to be ineligible, the entry will be deemed ineligible.
- PUBLIC VOTING: Each eligible Finalist Entry may be voted on by the general public. To vote, visit the Sherwin-Williams for Design Pros Facebook page at http://www.facebook.com/SherwinWilliamsforDesignersArchitect, to view the photo album of the Finalists and cast a vote for an entry by positively reacting, using “Like,” “Love,” or “Wow”, beginning at 9:00:00 AM CT on April 5, 2018, and ending at 9:00:00 PM CT on April 12, 2018 (the “Voting Period”). The Finalist in each category with the highest number of votes at the end of the Voting Period will be deemed the Fan Favorite prize winner in that category. A Facebook user may react to multiple entry photos; however, a person may only react once to each photo per Voting Period. An Entrant may vote for his or her own Entered Submission.
In the event of a tie, the Sponsor will review the tied photos based on the following criteria: a) relevance to the Contest theme (50%) and b) originality and overall design (50%) to determine the winner. Each entrant who spams or creates extra Facebook accounts for the purpose of casting votes may have their votes disqualified and their submissions may be voided. Decisions of Sponsor are final relating to all aspects of the online voting process and results. Sponsor may disqualify any Entry if Entrant or related parties violate any of the terms and conditions contained herein.
- PRIZE AND PRIZE VALUES:
First Prize: Two (2) First Prizes will be awarded, one to each of the First Prize Winners in the two Categories, for $2,500 USD Cash each. First Prize winners will also have their work featured in the 2016 edition of STIR magazine.
Second Prize: Two (2) Second Prizes will be awarded, one to each of the Second Prize Winners in the two Categories, for $1,000 USD Cash each.
Third Prize: Two (2) Third Prizes will be awarded, one to each of the Third Prize Winners in the two Categories, for $500 USD Cash each.
Fan Favorite Prize: Two (2) Fan Favorite Prizes will be awarded, one to each of the Fan Favorite Prize Winners in the two Categories, for a $100 USD Sherwin-Williams Gift Card each.
Design School Prizes: Two (2) Design School Prizes will be awarded, one to each of the First Prize winner’s Design School in the two categories, for $1,000 USD Cash each.
All winners will be featured on the Sherwin-Williams Facebook page and may also be featured in an issue of Sherwin-Williams® STIR® eExtra email newsletter.
Total value of all prizes is $10,200.00 USD.
- NOTIFICATION: Potential winners will be notified by mail or email.
US Residents: All US residents, including international students residing in the U.S., will be required to sign and return an Affidavit of Eligibility and Liability/Publicity Release (“Affidavit”), a W-9 form which will require a Tax Payer Identification number such as an SSN or an ITIN, and any other documents Sponsor may require within a specified time.
Canadian Residents: All Canadian residents will be required to sign and return a Declaration and Release Form (the “Declaration”), and any other documents Sponsor may require within a specified time. Potential winners will be required to correctly answer a skill-based mathematical test question without mechanical or other aid (which may, in the sole and absolute discretion of the Sponsor, be administered online, by email or other electronic means, by telephone, or in the Sponsor’s form of Declaration and Release) within a limited time-period in order to be eligible to receive his or her prize. Not providing the answer within the required time period, providing an incorrect or incomplete answer, or noncompliance with the terms of administration of the skill-testing question will result in disqualification of the potential winner and an alternate winner may be selected.
Failure to timely return a signed Affidavit or Declaration or other required documents or the return of any prize notification or prize as undeliverable will result in prize forfeiture. Potential winners cannot contact the media or in any way promote their winning until after the embargo date of June 12, 2017, or prize may be forfeited. Federal and state income taxes may apply and are the sole responsibility of the winners. If a design team is selected as a winner, all members will be required to complete an Affidavit or any other document Sponsor may require. Also if a design team is confirmed as a winner, then all members of the design team will equally split the prize to be awarded. All expenses not specifically stated as being included are excluded, including but not limited to taxes, including any income tax, and are the responsibility of the winners. First and Second Prize US Winners will be issued an Internal Revenue Service Form 1099 for the value of their prize for the tax year in which prize was won, and if the winners are a design team, each will receive their own individual Internal Revenue Service Form 1099. No assignment or transfer of any prize is permitted. Prior to being declared a winner, any winner who is a Canadian resident will be required to correctly answer a timed, skill-testing, mathematics question, unaided and without mechanical or electronic assistance, administered by mail, email or by telephone at the sole discretion of Sponsor or its agents, prior to receiving his/her prize.
All US residing international student potential winners, must have either an SSN or an ITIN at the time of being notified as a potential winner to be eligible to win. For further information on SSN and ITIN, visit the IRS website at https://www.irs.gov/individuals/international-taxpayers/taxpayer-identification-numbers-tin. If a potential winner does not have an SSN or an ITIN at the time of being notified, potential winner will be deemed ineligible and will result in prize forfeiture and an alternate winner may be notified.
- LICENSE: By entering your Submission in the Challenge, you hereby grant Sponsor and its successors a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sublicenseable (through multiple tiers) and transferable license (with a right to create derivative works) to use, copy, distribute, perform, publicly perform and display your Submission, in any and all media, in whatever form, for any legal purposes whatsoever now known or that hereinafter become known. Each Entrant irrevocably waives any and all so-called moral rights they may have in the Submission(s) submitted by him or her.
- REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: Submission must be the original work of the Entrant, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If the Submission contains any material or elements that are not owned by the Entrant and/or which are subject to the rights of third parties, the Entrant is responsible for obtaining, prior to submitting the Submission, any and all releases and consents necessary to permit the use and exhibition of the Submission in the manner set forth in these Official Rules and the Terms and Conditions of Use of the Website, including, without limitation, name and likeness permissions for any person that appears in or is identifiable in the Submission. If any identifiable person appearing in the Submission is under the age of majority in his/her state of residence, the parent or legal guardian is required to provide permission. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any Entrant at any time. By submitting a Submission, Entrant warrants and represents that he/she and any persons appearing or who are identifiable in the Submission consents to the submission and use and exhibition of the Submission in the manner set forth in these Official Rules and the Terms and Conditions of Use of the Website. Sponsor reserves the right to disqualify any Submission for any reason, in its sole and absolute discretion.
- DATES & DEADLINES / ANTICIPATED NUMBER OF CHALLENGE ENTRANTS: Because of the unique nature and scope of the Challenge, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Challenge. Sponsor cannot accurately predict the number of Entrants who will participate in the Challenge.
- FURTHER DOCUMENTATION: If Sponsor shall desire to secure additional assignments, releases, certificates of engagement for the Submission or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of the agreements hereunder, then each Entrant agrees to sign the same upon Sponsor’s request therefore (without any need for any additional consideration).
- PUBLICITY RELEASE: By participating in the Challenge, in addition to any other grants which may be granted in any other agreement entered into between or among Sponsor and any Entrant in or Winner of the Challenge, each Entrant irrevocably grants the Promotion Entities and their respective successors, assigns and licensees, the right to use such Entrant’s Submission, name, likeness, biographical information, and any individual(s) participating in the Submission, in any and all media for any purpose, including without limitation, commercial, advertising and promotional purposes as well as in, on or in connection with the Website or the Challenge or other promotions, and hereby release the Promotion Entities from any liability with respect thereto, unless prohibited by law.
- NATURE OF RELATIONSHIP / WAIVER OF EQUITABLE RELIEF: Each Entrant hereby acknowledges and agrees that the relationship between the Entrant and the Promotion Entities is not a confidential, fiduciary, or other special relationship, and that the Entrant’s decision to provide the Entrant’s Submission to Sponsor for purposes of the Challenge does not place the Promotion Entities in a position that is any different from the position held by members of the general public with regard to elements of the Entrant’s Submission. Each Entrant acknowledges and agrees that the Promotion Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the Entrant’s copyright in and to the Submission. Finally, each Entrant acknowledges that, with respect to any claim by Entrant relating to or arising out of any Promotion Entities’ actual or alleged exploitation or use of any Submission or other material submitted in connection with the Challenge, the damage, if any, thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief or in any way.
- GENERAL LIABILITY RELEASE/FORCE MAJEURE: Entrants agree that the Promotion Entities shall not be responsible or liable for any losses, damages or injuries of any kind resulting from the Challenge or any Challenge-related activity. Sponsor assumes no responsibility for any damage to an Entrant’s computer system, which is occasioned by accessing the Website or participating in the Challenge, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, Delayed Computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged or stolen Submissions or notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Challenge or the Website, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Challenge, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. In the event Sponsor is prevented from continuing with the Challenge as contemplated herein by any event beyond its control, including but not limited to fire, flood, earthquake, explosion, labor dispute or strike, act of God or public enemy, or any federal, state or local government law, order, or regulation, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate the Challenge. If the Challenge is terminated before the designated end date, Sponsor will (if possible) select the winners from all eligible, non-suspect Submissions received as of the date of the event giving rise to the termination. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
- DISPUTES: Each Entrant agrees to release, defend, indemnify and hold harmless Sponsor, Agent for Sponsor, those working on its behalf and each of their respective officers, directors, representatives, employees, agents, successors and assigns from any damage, injury, death, loss or other liability, either at law or equity, whether known or unknown, asserted or non-asserted, that may arise from or in any way relate to any Entrant’s participation in this Challenge, Sponsor’s use of the Entry or the awarding, acceptance, use or misuse of any prize. Any and all disputes, claims and causes of action arising out of or in connection with this Challenge shall be resolved individually without resort to any form of class action. This Challenge shall be governed by and construed in accordance with the laws of the State of Ohio regardless of principles of conflicts of laws that may require the application of the laws of another jurisdiction. Any action or litigation concerning this Agreement shall take place exclusively in the federal or state courts sitting in Cleveland, Ohio, and each Entrant expressly consents to the jurisdiction of and venue in such courts and waives all defenses of lack of jurisdiction and inconvenient forum with respect to such courts. Each Entrant agrees to service of process by mail or other method acceptable under the laws of the State of Ohio.
- ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS CHALLENGE. ENTRANT HEREBY WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEYS’ FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.
- OFFICIAL RULES: To obtain a copy of the rules, visit www.swstudentdesign.com or send a self-addressed stamped envelope to Student Design Challenge Rules Request, C/O The Sweepstakes Center, PO Box 16350, Rochester, NY 14616. All such requests must be received no later than May 12, 2018.
- WINNERS LIST: To obtain a copy of a winners list, send a self-addressed stamped envelope to Student Design Challenge Winners List, C/O The Sweepstakes Center, PO Box 16350, Rochester, NY 14616. All such requests must be received no later than June 12, 2018. These Winners will be posted on the Website at www.swstudentdesign.com by June 12, 2018.
- SPONSOR: The Sherwin-Williams Company, 101 Prospect Avenue NW, Cleveland, OH 44115