2013 Colorful Community Contest Official Rules
1. NO PURCHASE NECESSARY. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.
2. Name: This promotion, referred to herein as the "Contest," is called the “Colorful Community Contest.”
3. Sponsor and Administrator: The Contest is sponsored by Glidden® paint, a brand of Akzo Nobel Paints LLC, 15885 West Sprague Road, Strongsville, Ohio 44136 (“Sponsor”) and administered by Cavaliers Operating Company LLC, One Center Court, Cleveland, Ohio 44115 (“Administrator”)
4. Eligibility. The Contest is open to public, private and charter primary and secondary schools (grades K-12) located in Cuyahoga, Summit, Lorain, Portage, Medina, Geauga or Lake Counties, Ohio. Entries must made by authorized employees of the entering school. Entries prepared by or signed by employees of Sponsor, Administrator, Quicken Loans Arena, the National Basketball Association and its member teams, NBA Properties, Inc., or any of their corporate affiliates and their immediate families are not eligible. This offer is subject to applicable federal, state, and local laws and regulations. Void where prohibited. The internal laws of the state of Ohio will govern this Contest. Any and all legal actions or claims arising in connection with this Contest must be brought in a court of competent jurisdiction within Cuyahoga County, Ohio.
5. How To Enter: Read these Official Rules and complete the entry form, available at http://www.nba.com/cavaliers/community/colorful-community-2013. Entries must made by authorized employees of the entering school. Completed entries can be faxed to 216.420.2010, emailed to email@example.com, or mailed to “Colorful Community Contest”, One Center Court, Cleveland, OH 44115. All entries shall be deemed to have been made by the school that is the subject of the entry. One entry will be accepted per school. More frequent entries will be disqualified. Sponsor and Administrator shall not be responsible for lost, late, misdirected, damaged, illegible, incomplete, garbled, or incorrect entries. Entries become the property of Sponsor and will not be returned. Contest begins at 12:01 a.m. Eastern Standard Time on January 17, 2013. All entries must be received (or entries sent by mail postmarked) by 11:59 p.m. Eastern Standard Time on February 13, 2013 after which time the Contest will be closed and no further entries accepted. Entry into the Contest constitutes acceptance of these Official Rules in their entirety. Entrant warrants that it is eligible to participate in the Contest and agrees to indemnify and hold harmless, to the extent permitted by law, Sponsor and Administrator from any loss, damage or expense arising out of or in connection with participation in this Contest or the acceptance, use or misuse of any prize.
6. Entry Requirements. Entries may not defame or invade the publicity rights or privacy of any person (living or deceased) or any other legal entity, or otherwise infringe upon any personal or proprietary rights of such person or other legal entity. Entries must not contain material that: (1) is inappropriate, indecent, obscene, hateful, tortuous, defamatory, slanderous or libelous; (2) promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; and (3) is unlawful, in violation of or contrary to the laws or regulations of the state of Ohio. Entrant represents and warrants that its entry and its contents are original to the entrant, that no other person or other legal entity has any right in or to the entry or its contents, and that neither the entry nor its contents infringes upon or violates the rights of any third party (including any person or other legal entity). Sponsor shall have the right to disqualify any entries that it deems to be inappropriate, obscene, otherwise not in good taste, or in any way nonconforming with these Official Rules, as determined by Sponsor in its sole discretion. Sponsor disclaims any and all liability for any infringement of any entrant’s rights in any submission caused by any entrant or any third party.
7. Judging: Eligible entrants shall be judged by the Colorful Community Contest Selection Committee , comprised of five qualified individuals selected by Sponsor and Administrator, based on need (33%), scope of project (33%) and potential impact of the project on the student body (34%). Three finalists shall be selected on February 18, 2013 and shall be contacted by Sponsor by telephone during business hours that day. Each proposed finalist shall, by February 21, 2013, review the declaration and release forms to be executed by the winner, indicate their acceptance of those forms, and shall execute documents permitting said finalists’ entry to be publicly displayed and used by Sponsor and Administrator for promotional purposes. The entries of the three qualified finalists shall thereafter be available to the public, via cavs.com and lakeeriemonsters.com, for public voting (based on the same criteria) from February 22, 2013 through March 8, 2013. Only one vote per person will be accepted during the public voting period. Any and all votes determined by Sponsor and/or Administrator to have been entered or obtained through use of any third-party vote aggregator, vote request website or vote request or exchange page shall be disqualify. Sponsor and Administrator shall assess the validity of any votes received in their sole discretion. The finalist garnering the most votes shall be judged the winner of the contest, subject to paragraph 9 of these Official Rules.
8. Prize. The winning entrant will have their submitted area repainted by Sponsor and its contractor personnel with up to 50 gallons of Glidden® brand paints [sufficient to cover approximately 1,700 square feet]. Approximate retail value of prize: $3,250. No prize substitution or cash redemption allowed by winner. Prize is not transferable. Area(s) must be cleared for painting by winner on a date mutually agreed to by Sponsor and winner, to occur during the 2012-2013 school year. Sponsor may suggest painting of a different area if entered area is unable to be repainted in a workmanlike fashion or if substrate to be painted is unsuitable for repainting. Sponsor and Administrator make no representation or warranty regarding results of repainting. Results of painting may vary depending on substrate conditions, weather, surface quality and other factors. Sponsor is unable to accommodate requests for painting of complex graphics. Sponsor and Administrator shall host a ribbon-cutting ceremony, which may include one or more representatives of the Cleveland Cavaliers and Lake Erie Monsters, at the winning school for the newly painted space on a date and time mutually agreed to by Sponsor, Administrator, and winner. Any and all taxes relating to prize are the sole responsibility of the winner. Sponsor makes no representation or warranties concerning the appearance, safety or performance of any prize awarded.
9. Winner Notification. The winning entrant will be notified by telephone and by e-mail, using information provided on the entry form, on March 8, 2013 during business hours. Before being declared a Winner, the selected entrant shall execute a Declaration and Release stating the entrant's eligibility to win the Prize and compliance with these Official Rules, and shall confirm its acceptance of the Prize. Should the winning entrant decline the prize, or refuse to execute the Declaration and Release, the Prize will be forfeited and shall be awarded to the finalist with the next highest number of votes, as described in paragraph 7 of these Official Rules.
10. Publicity: All entrants, except where prohibited by law, grant Sponsor an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, license (sublicensable through multiple tiers) to use the Contest Entry (or any modification), other than personal information associated with such entry, in whole or in part, for any purpose and in any manner in its sole discretion, and to use those rights in perpetuity in all media now or hereafter known at any time throughout the Universe. This license to Sponsor includes, but is not limited to, use entry information for advertising and promotional purposes. You agree that you are solely responsible for all of your entry information. The ribbon-cutting ceremony may be videotaped and photographed, and such materials may be used for promotional purposes by Sponsor and Administrator, including in marketing materials for the Cleveland Cavaliers and Lake Erie Monsters. Winner shall execute a declaration and release permitting promotional use of photographs and videotaped content from the ribbon cutting ceremony.
12. Limitation of Liability. Each entrant into the Sweepstakes agrees to be bound by these rules and to release Sponsor, Administrator, their affiliates, directors, employees, officers, and agents, including without limitation, its advertising and promotion partners, from any and all liability, loss or damages arising from or in connection with the awarding, receipt, and/or use or misuse of prize or participation in any Contest-related activities. Under no circumstances will any entrant or Winner be permitted to obtain, and participants hereby waive all rights to, punitive, incidental or consequential damages, or attorneys' fees, and entrants further waive all rights to multiplied, increased or otherwise enhanced damages. Sponsor reserves the right, in its sole discretion, to cancel or suspend part or all of this promotion should virus, bugs, non-authorized human intervention or other causes beyond the control of Sponsor or Administrator corrupt or impair its administration, security, fairness or proper play. Sponsor and Administrator are not responsible for technical, hardware, software or telephone failures of any kinds, lost or unavailable network connections, fraud, incomplete, garbled or delayed computer transmissions, whether caused by any of the equipment, programming or personnel associated with or utilized in this promotion.
13. List of Winners: The winning school will be identified on the Administrators’ websites at www.cavs.com and www.lakeeriemonsters.com. Alternately, send a self-addressed, stamped envelope to Winners, Colorful Community Contest, One Center Court, Cleveland, OH 44115, no later than May 1, 2013.
CAUTION: Sponsor and Administrator are not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alternation of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive entry information on account of technical problems or traffic congestion on the Internet or at any Web site or any combination thereof. If, for any reason, the Internet is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness or proper conduct of this Contest, Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Contest. Sponsor reserves the right to disqualify any individual who tampers with the entry process.
ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSER RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.