1. PROMOTION TIMING. The KILZ® DIY WITH JOJO Sweepstakes (the “Promotion”) begins on or about 12:00:00 A.M. (“PST”) on June 23, 2020 and ends at 11:59:59 P.M. PST on July 14, 2020 (the “Promotion Period”).
2. ELIGIBILITY. The Promotion is open only to individuals who at the time of entry (a) are legal residents of and domiciled in the fifty (50) United States or the District of Columbia, and (b) are at least 18 years of age. The following individuals are not eligible to participate: (i) employees of Masterchem Industries, LLC (“Sponsor”) or Masco Corporation, any of their subsidiaries or affiliate companies, or their advertising, marketing or promotional agencies; (ii) family members (spouse, parents, siblings, children and in-laws) of any individual referred to in clause (i); and (iii) persons living in the same household (whether or not related) with any person referred to in clause (i) or (ii) above. This Promotion is subject to all federal, state, and local laws and regulations and is void (a) outside the 50 United States and the District of Columbia, and (b) where prohibited by law.
3. HOW TO ENTER. There is one way to enter this Promotion during the Promotion Period:
All entries become the property of Sponsor and will not be acknowledged or returned. Limit one Entry per person during the Promotion Period, regardless of the means of entry. Entries will not be acknowledged or returned. Proof of sending or submitting an Entry will not be deemed proof of receipt by Sponsor and/or Administrator.
4. AGREEMENT TO OFFICIAL RULES. Your participation in this Promotion constitutes your full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor and/or Administrator, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.
5. SPONSOR AND ADMINISTRATOR. This Promotion is sponsored by Masterchem Industries, LLC (“Sponsor”) and administered by ICF Next, Inc. (“Administrator”).
6. SELECTION OF POTENTIAL PRIZE WINNERS. On or around July 23, 2020, ten (10) potential winners (potential “Prize Winner”) will be selected in a random drawing from among all eligible Entries received. There will be a total of ten (10) Prize Winners, one (1) per each of the ten (10) drawings. Odds of winning depend on the total number of eligible Entries for each drawing and on the number of drawing for which the entrant is eligible. Entries drawn will not be eligible for any subsequent drawing. Entries not drawn will be carried over for any subsequent drawing. A purchase will not increase the chances of winning.
7. SELECTION OF POTENTIAL GRAND PRIZE WINNER. On or around July 23, 2020 one (1) potential grand prize winner (potential “Grand Prize Winner”) will be selected in a random drawing from among all eligible Entries received. There will be one (1) Grand Prize Winner. Odds of winning depend on the total number of eligible Entries received. Entries not drawn will be carried over for any subsequent drawing. A purchase will not increase the chances of winning.
8. NOTIFICATION AND REQUIREMENTS OF POTENTIAL WINNERS AND GRAND PRIZE WINNERS. Each potential Prize Winner and Grand Prize Winner will be initially contacted via email, will be required to provide a mailing address, and may also be required to sign and return an Affidavit of Eligibility, Liability and Publicity Release (except where prohibited by law) and/or an IRS W-9 Form within 14 calendar days of notification by Sponsor. Prizes won by persons who are eligible entrants but considered minors in their state of residence may be awarded to a parent or legal guardian, who must execute and return all required documentation outlined herein and otherwise comply with all requirements imposed on a winner. The prize may be forfeited and may be awarded to another entrant who is randomly selected if (i) any prize notification or any prize is returned as undeliverable, (ii) Sponsor is unable to contact a potential winner within five (5) days of the first attempt to contact him or her, (iii) a potential winner fails to provide his or her contact information within seven (7) calendar days after notification by Sponsor or fails to return an Affidavit of Eligibility, Liability Release and Publicity Release and/or an IRS W-9 Form within the time specified above, (iv) a potential winner is determined by Sponsor, in its sole discretion, to be ineligible, (v) a potential winner declines the prize, or (vi) a potential winner is otherwise not in compliance with these Official Rules. Sponsor is not responsible for any delay in awarding any prize.
Winner’s entry and acceptance of the prize constitutes permission (except where prohibited) for Sponsor and its designees to use, at Sponsor’s sole discretion, the winner’s name, photograph, likeness, statements, biographical information, voice and address (city and state), for advertising, promotions and other purposes in all forms of media, worldwide in perpetuity, without additional notice, permission or further compensation.
9. PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”). Each of the ten (10) Prize Winners will receive: one (1) $500 USD Visa e-gift card. The Grand Prize Winner will receive: one (1) 30-minute consultation via Skype/phone with JoJo Fletcher to discuss winner’s DIY project and tips for the renovation and ten (10) $500 USD Visa e-gift cards. The aggregate ARV for all prizes is $10,000.00 USD.
Each prize is nontransferable and non-refundable and must be accepted as awarded. All applicable taxes (including federal, state, and local income taxes for U.S. winners), duties, and the like, if any, are the sole responsibility of the prize winner. If a winner fails to comply with such laws, the prizes may be forfeited and Sponsor may, in its sole discretion, select an alternative potential winner. No cash substitution, assignment, redemption for cash, or transfer of prize by winner is permitted; however, Sponsor reserves the right, in its sole and absolute discretion, to substitute any prize described herein, or any portion thereof, with an alternative of equal or greater value. Winner shall not be entitled to the difference between the stated ARV and the actual price of the prize selected.
10. SUBMISSION REQUIREMENTS AND RESTRICTIONS. Each entrant must ensure that their Entry:
Each entrant warrants and represents that:
11. PERMISSIVE USE. You grant the Sponsor, Administrator and any related affiliates or agents unlimited, worldwide, perpetual, irrevocable, and royalty-free right, license, privilege, and permission to record, copy, adapt, film, capture, use, license, transmit, broadcast, exhibit, project, publish, circulate, display, or otherwise exploit, any and all renderings of the entrant’s Entry, name (including any and all nicknames, related names, and aliases), characters, biographies, artist's portrayal of characters, voice, image, likeness, visual representations, any and all attributes of the entrant’s personality, and/or any and all of the entrant’s acts, poses, actions, and appearances (collectively, "Name and Likeness"), and any ancillary use or derivative works on or in connection with any film, audio tape, video tape, audio-visual work, sound recordings, photograph, illustration, animation, broadcast, any derivative works or versions thereof in any media or embodiment now known or hereafter developed, throughout the world the way Sponsor or Administrator deems fit without any consideration or prior notice. Entries become the sole property of Sponsor.
12. GENERAL CONDITIONS. In the event of a dispute as to the identity of an online entrant, the authorized account holder of the email address used to enter, will be deemed to be the entrant, but only if such person meets all other eligibility criteria. “Authorized account holder” of an email address is defined as the natural person who is assigned to an email address by an internet access service provider, on-line service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Each entrant may be required to show proof of being the authorized account holder.Sponsor will consider only one (1) entry from each entrant. Any attempt by any entrant to receive more than the stated number of prizes by using multiple/different email addresses, identities, registrations and logins, or any other methods, as determined by the Administrator or Sponsor in its sole discretion, may void all of that entrant’s submissions and that entrant may be disqualified from this Promotion and any of the Sponsor's other promotions.
Sponsor reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of this Promotion; violates the Official Rules; acts in an unsportsmanlike or disruptive manner; or acts with intent to annoy, abuse, threaten or harass any other person; or who Sponsor suspects has engaged in any of the foregoing. Sponsor reserves the right to cancel, terminate or modify this Promotion if it cannot be completed as planned for any reason, including without limitation for infection by computer virus, bugs, tampering, unauthorized intervention, technical failures, corruption of any sort or any other matter beyond Sponsor’s control. In such event, Sponsor will award the prizes from among all eligible entries received prior to cancellation.
CAUTION: ANY ATTEMPT BY ANY ENTRANT, PERSON, OR ENTITY TO UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL OR CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR AND/OR ADMINISTRATOR RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
13. RIGHT TO CANCEL, MODIFY, OR DISQUALIFY. If for any reason the Entry or Promotion or any portion of either is not capable of running as planned due to technical or administrative problems, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the Sponsor's or Administrator’s reasonable control which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Promotion, the Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion or any portion of either.
14. WARRANTY. The Sponsor, Administrator, and any related affiliates make no other warranties or representations whatsoever relative to the quality, conditions, fitness or merchantability of any aspects of the prizes.
15. INDEMNITY & RELEASE. As a condition of entering this Promotion, each entrant agrees, and as a condition of being awarded a prize, each winner agrees, to the maximum extent permitted by law, to release, indemnify and hold harmless Sponsor and Masco Corporation, the Administrator and ICF Next, their respective subsidiaries or affiliate companies, their advertising, marketing or promotional agencies and each such company’s respective officers, employees, directors, representatives and agents and all others associated with the development and execution of this Promotion (individually and collectively, the “Released Parties”), from and against any and all liabilities, claims, actions, lawsuits, judgments, costs and expenses, damages of any kind whatsoever, injuries, or losses to persons or property arising from or relating to, in whole or in part, this Promotion, submitting an entry or otherwise participating in any aspect of this Promotion, the receipt, ownership, possession, use or misuse of any prize awarded, or any actual or alleged breach by entrant of these Official Rules. The Sponsor and/or Administrator’s reserve the right to modify or terminate the Promotion or to make such other decisions regarding the administration or outcome as the Sponsor and/or Administrator deem appropriate.
16. LIMITATION OF LIABILITY. IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, INCURRED BY ENTRANTS OR ANY THIRD PARTY, WHETHER BASED ON WARRANTY OR IN CONTRACT, TORT, OR OTHER LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES, ARISING FROM THE ENTRY, THE PROMOTION PRIZES OR USE OF A PROMOTION PRIZE, EVEN IF THE SPONSOR OR ADMINISTRATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Entrants acknowledge that the Released Parties have not made and are not in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the prize, including, but not limited to, its quality or fitness for a particular purpose. The Released Parties are not responsible for: (a) lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connection, availability or accessibility problems arising in connection with or over the course of this Promotion; (b) failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions or hardware, software or technical malfunctions, failures or difficulties; (c) errors of any kind relating to or in connection with this Promotion, whether human, mechanical, clerical, electronic, or technical in nature, including, but not limited to, errors which may occur in connection with the administration of this Promotion, the processing of entries, the announcement or notification of any winner or prize or the cancellation of this Promotion; (d) damage to a user's system occasioned by participation in this Promotion or downloading any information necessary to participate in this Promotion; (e) incomplete, illegible, misdirected, damaged or lost entries; or (f) failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications, whether caused by the sender, by any of the equipment or programming associated with or utilized in this Promotion.
DISPUTE RESOLUTION. If there is any conflict between any promotional material and these Official Rules, the provisions of these Official Rules shall prevail. The resolution of any dispute shall be within Sponsor and/or Administrator’s sole discretion. As a condition of entering this Promotion, except as prohibited by law, you agree that: (a) all causes of action arising out of or connected with this Promotion, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees or court costs. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Sponsor in connection with this Promotion, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Virginia, without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Virginia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Virginia. Any legal suit, action, or proceeding arising out of this Promotion or the applicable Rules shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Virginia in each case located in the city of Fairfax and County of Fairfax, and the entrant(s), Sponsor and Administrator irrevocably submit to the exclusive jurisdiction of such courts in any such suit, action, or proceeding and waives any objection based on improper venue or forum non conveniens and waives its right to trial by jury.
17. ELECTRONIC COMMUNICATIONS. By submitting the Entry, you agree to communicate for the purpose of the Promotion with the Sponsor and/or Administrator electronically. Through your Entry submission, you (i) agree that your consent to these Rules is a binding form of your electronic signature and (ii) represent that you have Internet access and a valid email address enabling you access to information pertaining to the Promotion and to receive communications and documents electronically. Your consent is effective unless and until you withdraw it in writing to KILZPR@icfnext.com.
18. PRIVACY. Entrants acknowledges that they have read and accepted ICF Next’s privacy statement and the terms and conditions outlined here. Entrants agree that personal data including, but not limited to, name, email address, age, location, photo submission, and written submission ("Personal Data") may be:
Additionally, we ask that you please keep in mind:
19. CONTACT & WINNERS’ LIST. For the names of the winners, available approximately two weeks after the end of the promotion, visit www.KILZDIYwithJoJo.com.
Any queries shall be sent by mail to the Sponsor at:
Masterchem Industries LLC
1801 E. St. Andrew Place
Santa Ana, CA 92705
Or by email at: KILZPR@icfnext.com
©2020 Masterchem Industries, LLC. All rights reserved.