Sherwin-Williams Coil Coatings Survey Drawing Offical Rules

PLEASE READ CAREFULLY - IN THESE OFFICIAL RULES YOU WILL WAIVE AND GIVE UP CERTAIN LEGAL RIGHTS. THESE OFFICIAL RULES CONTAIN A DISPUTE RESOLUTION PROVISION IN APPENDIX 1 THAT REQUIRES ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. IF YOU DO NOT AGREE TO THESE OFFICIAL RULES, DO NOT ENTER THE SWEEPSTAKES.

1. Eligibility:

The Sherwin-Williams Coil Coatings survey is open only to individuals that are (i) legal residents of the fifty (50) United States and the District of Columbia, Canada, (ii) eighteen (18) years of age or older, or the age of majority in their jurisdiction of residence, whichever is greater, at the time of entry, and (iii) are invited complete and enter into online survey drawing. 

2. Sponsor:

The survey drawing is sponsored by The Sherwin-Williams Company, 1101 S. 3rd Street, Minneapolis, MN 55415 (the “Sponsor”).

3. Administrator:

The drawing administrator is The Sherwin-Williams Coil Coatings. Any questions, comments, or complaints regarding the Sweepstakes should be directed to the Administrator. coilhelp@sherwin.com

4. Agreement to Official Rules:

Participation in the drawing constitutes Entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of the drawing parties, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth in these Official Rules in a timely manner.

5. Entry Period:

The survey begins at 12:00:01 a.m. Eastern Time (“ET”) on October 21, 2024, and ends at 11:59:59 p.m. ET on December 31, 2024 (the “Entry Period”). The Administrator’s computer is the official time-keeping device for the Drawing.

6. Entry:

During the Entry Period, you will be automatically entered into the Drawing if you: (i) complete the initial panel questionnaire online by using the link provided in the e-mail from The Sherwin-Williams Coil Coating or publication and provide your email address. There is a limit of one (1) entry per Entrant during the Entry Period.

7. Drawings; Odds:

On or about January 2, 2025, five (5) prize winners will be selected at random in a drawing from among all eligible entries received during the Entry Period. Odds of winning depend on the number of eligible entries received at the time of the drawing.

8. Notification:

The Sherwin-Williams Coil Coatings will notify the winners by email within two (2) business days of the drawing (“Notification”).

9. Prizes and Approximate Retail value (“ARV”):

Monetary values are expressed herein as U.S. dollars. There will be five (5) Five Hundred Dollar ($500) digital gift card prizes awarded. Prizes will be awarded by the Administrator on behalf of the Sherwin-Williams. Administrator will provide a redeemable digital gift card code to the winners’ email within a reasonable time period after Notification. The winners will be responsible for redeeming their own gift card codes.

The total ARV of all prizes awarded during the Sweepstakes is One Thousand Dollars ($2,500). The ARV of each individual prize is Five Hundred Dollars ($500). Any prize details not specified above will be determined by Sponsor in its sole discretion. Sponsor is not responsible for any other costs, expenses, or fees arising from the prizes or the Drawing. No substitution or transfer is permitted except by the Sponsor, which reserves the right to substitute the prize with one of comparable or greater value at its sole discretion.

10. General Conditions:

The Drawing Parties reserve the right in their sole discretion to disqualify any individual they find to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. ANY ATTEMPT BY ANY PERSON TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, THE SWEEPSTAKES PARTIES RESERVE THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. In the event that the operation, security, or administration of the Drawing is impaired in any way for any reason, the Drawing Parties may, in its sole discretion, either (a) suspend the Drawing to address the impairment and then resume the Drawing in a manner that best conforms to the spirit of these Official Rules, or (b) cancel the Drawing and award the prizes via random drawing from among the eligible entries received up to the time of the impairment. The failure of the Drawing Parties to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, pandemic, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of the Drawing Parties, or other “force majeure” event will not be considered a breach of these Official Rules. Drawing Parties’ failure to enforce any provision of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to the identity of any winner based on an e-mail address, the winning entry will be declared made by the authorized account holder of the e-mail address submitted at the time of entry. “Authorized account holder” is defined as the natural person that is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.

12. Release and Limitations of Liability:

By participating in the Drawing, Entrants agree to release and hold harmless the Drawing Parties, their officers, directors, employees, and agents (the “Released Parties”) from and against any loss, claim, cause of action, or liability arising out of participation in the Drawing or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Drawing; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing or human errors; (d) errors in the administration of the Drawing or the processing of entries; (e) any incorrect or inaccurate entry information; (f) inability to access the Sponsor’s website; (g) transactions that are processed late or incorrectly or are incomplete or lost due to computer or electronic malfunction or traffic congestion on the Internet or at any website; or (h) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Drawing, or receipt of any prize, or Sponsor’s use of submitted entry materials and Attributes, including, without limitation, claims for invasion of privacy, right of publicity, defamation, libel, or further consideration. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorneys’ fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.

13. Disputes:

Except where prohibited by law, Entrant agrees that any and all disputes, claims, and causes of action arising out of, or connected with, the Drawing or any Prize awarded shall be resolved individually, without resort to any form of class action, as further explained in Appendix 1. 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 the Drawing Parties in connection with the Drawing, shall be governed by, and construed in accordance with, the laws of the State of Ohio, without giving effect to any choice of law or conflict of law rules (whether of the State of Ohio or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Ohio.

14. Sweepstakes Results:

To receive a list of the winners, which will be available after November 22, 2024, please send a self-addressed, stamped envelope to Sherwin-Williams Coil Coatings Board Sweepstakes, c/o Marketing, 1101 S 3rd Street, Minneapolis, MN 55415. Requests must be received by November 29, 2024.

APPENDIX 1 - DISPUTE RESOLUTION

PLEASE READ THIS DISPUTE RESOLUTION PROVISION CAREFULLY.  IT REQUIRES YOU AND SHERWIN-WILLIAMS TO ARBITRATE DISPUTES ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM EACH OTHER.

a.      Arbitration Agreement and Jury Waiver. You and Sherwin-Williams mutually agree to resolve all Disputes (as defined below) in arbitration, as set forth in more detail below. Both you and Sherwin-Williams are each giving up the right to have disputes resolved in court before a judge and/or jury (except as stated otherwise in this section), to the fullest extent of the law. The word “Disputes” means any past, existing, currently pending and/or future disputes, claims, suits, actions, causes of action, losses, liabilities, and/or demands of any kind in any way relating to, in connection with, or arising out of the Drawing or your participation therein, other than claims in which either party seeks injunctive or other declaratory relief to prevent the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents, and individual actions brought in small claims court for disputes fully within the scope of such court's jurisdiction.

b.      EXPRESS WAIVER OF RIGHT TO JURY TRIAL, CLASS ACTIONS, AND CLASS CLAIMS. AS TO ANY DISPUTE, BOTH SHERWIN-WILLIAMS AND YOU KNOWINGLY AND VOLUNTARILY WAIVE TO THE MAXIMUM EXTENT PERMITTED BY LAW THE RIGHT TO JURY OR BENCH TRIAL; THE RIGHT TO BRING, MAINTAIN, OR PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING, WHETHER IN ARBITRATION OR OTHERWISE; AND ANY NORMAL RIGHTS OF APPEAL FOLLOWING THE RENDERING OF THE ARBITRATOR'S AWARD, EXCEPT AS APPLICABLE LAW PROVIDES FOR JUDICIAL REVIEW OF ARBITRATION PROCEEDINGS. THE ARBITRATOR DOES NOT HAVE THE AUTHORITY TO CONSIDER, CERTIFY, OR HEAR ARBITRATION AS A CLASS ACTION, COLLECTIVE ACTION, OR ANY OTHER TYPE OF REPRESENTATIVE ACTION. ANY DISPUTE RELATING TO THE SCOPE, APPLICABILITY, VALIDITY, OR ENFORCEABILITY OF THIS CLASS WAIVER PROVISION SHALL BE RESOLVED BY A COURT AND NOT THE ARBITRATOR OR ARBITRATION SERVICE PROVIDER.

c.      Pre-Arbitration Notice and Informal Dispute Resolution. In the event that a Dispute arises between us, Sherwin-Williams is committed to working with you to reach a reasonable resolution. Both you and Sherwin-Williams agree that each party will notify the other in writing of any Dispute before initiating arbitration, so that we can try to resolve the Dispute informally and individually, negotiating in good faith. The notice of Dispute must be specific and individual to you and include your name, street address, telephone number, and e-mail, as well as a brief description of the Dispute, the amount of money (if any) at issue, and the specific relief sought. The notice must be signed and include the handwritten signature of, as applicable, either you or a Sherwin-Williams employee, depending on which party is providing notice. Notice sent by you to Sherwin-Williams must be sent to the following e-mail and street addresses:

The Sherwin-Williams Company
101 W Prospect Ave
Cleveland, OH 44115
Attn: Legal Department
Email: dispute@sherwin.com

Notice sent by Sherwin-Williams to you will be sent to the e-mail and/or street address that you provided to Sherwin-Williams in your notice of dispute.

You and Sherwin-Williams then agree to negotiate in good faith about the Dispute through an informal telephonic dispute resolution conference. The conference will be individual to you; multiple people or entities initiating claims cannot participate in the same conference. If either party has counsel, that party's lawyer may participate, but the party also must appear and participate. If and only if we fail to reach an amicable settlement of the Dispute within 60 days after receipt of the written notice of Dispute, then either party may commence an arbitration proceeding with a written demand for arbitration. Compliance with this informal dispute resolution provision is a prerequisite and condition precedent for initiating arbitration. Should disagreement arise, any determination of whether you or Sherwin-Williams complied with this provision will be decided by a court and not an arbitrator. Any limitations period and filing fee or other deadlines will be tolled from the date the Dispute is noticed to the other side until expiration of this 60-day period.

d.      Arbitration Rules and Procedures. Arbitration will be administered by the American Arbitration Association (the "AAA) or, if the AAA is unavailable or unwilling to administer the arbitration for any reason, with another arbitration provider mutually agreed to by the parties. The AAA's Consumer Arbitration Rules, in effect at the time the arbitration is commenced shall govern unless they are inconsistent with these Official Rules, in which case these Official Rules control. (A current version of these rules is available here: https://www.adr.org/Rules or by calling 1-800-778-7879. These rules may be amended from time to time.). Any demand for arbitration filed with the AAA must be individual to you, contain information specific to your Dispute, and be signed and include the handwritten signature of, as applicable, either you or a Sherwin-Williams employee, depending on which party demands arbitration, and the signature of the
initiating party's attorney, if either you or Sherwin-Williams is represented by counsel. Any attorney signing a demand certifies, to the best of the person's knowledge, information, and belief, formed after a reasonable inquiry, that: (i) the demand is not being presented for an improper purpose; (ii) the claims and legal contentions are warranted by existing law or a
non-frivolous argument for changing the law; and (iii) the factual contentions have or
will likely have evidentiary support. Any dispute regarding whether a demand complies with this provision, or whether the AAA Consumer Arbitration Rules and fees apply, will be decided by a court and not the AAA or an arbitrator, and no filing or other arbitration fees or costs will be incurred by the other party until these conditions are satisfied and any disputes resolved.

Any arbitration hearing will be conducted in Cleveland, Ohio by a single arbitrator or as otherwise provided by the Consumer Arbitration Rules. The award of the arbitrator will be final and binding on the parties, and judgment upon such award may be entered in any court of competent jurisdiction. The arbitrator will have the authority to award the same relief that would be available in court under the applicable law for the Dispute, but any relief awarded in arbitration, including any injunctive or declaratory relief, must be consistent with the limitation of liability provisions set out in these Official Rules and must be in favor of and applicable to only the individual party seeking relief, with no preclusive effect in Disputes with other parties. The arbitrator may not award relief for or against any person or entity not a party to the proceeding.  More information about the arbitration process is available at www.adr.org.

e.      Federal Arbitration Act. These Official Rules affect interstate commerce, and the interpretation and enforceability of this Dispute Resolution provision will be substantively, procedurally, and exclusively governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the maximum extent permitted by applicable law, except as modified by these Official Rules.

f.       Confidentiality. Any arbitration will be confidential, and documents exchanged may not be used or shared outside of the arbitration process without the prior written consent of the parties or as required by law. Also, except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right.

g.      Arbitration Fees and Costs. The filing party must pay the filing and other fees and costs of arbitration as provided by the AAA Rules. The parties will share the arbitrator's compensation equally, unless you submit specific and individualized evidence that arbitration fees or costs are unduly burdensome for you as compared to the costs of litigation, the arbitrator determines that arbitration fees or costs would be unduly burdensome to you, and the AAA refuses to grant you a waiver of those fees or costs. Any arbitration fees or costs paid by a party are subject to fee- or cost-shifting to the other party, if the arbitrator determines that the matter is frivolous or brought for an improper purpose. Each party will pay its own deposition, witness, expert, and attorneys' fees and other expenses to the same extent as if the matter were being heard in court. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees and costs, or if there is a written agreement providing for attorneys' fees and costs to be awarded to the prevailing party, the arbitrator may award reasonable attorneys' fees and costs in accordance with the applicable statute or written agreement. The arbitrator will resolve any dispute as to the reasonableness of fees or costs awarded under this paragraph.

h.      Multiple Individual Claims. Arbitration is intended to be an efficient and fair process for resolution of Disputes for both parties. It is, accordingly, a breach of this arbitration agreement and Official Rules to bring or file an arbitration demand as part of a collection of multiple individual claims for the purpose of requiring the other party to incur excessive filing fees through the AAA or other arbitration provider. Should 50 or more similar arbitration demands presented by or with the assistance or coordination of the same law firms or organizations be submitted to AAA or another arbitration provider against Sherwin-Williams within a 30-day period (or otherwise in close proximity), then the parties will discuss, negotiate, and work in good faith with the AAA or other provider to develop effective, reasonable, and cost-efficient procedures that minimize filing and other fees to the parties in the arbitration but maintain individualized arbitrations of the Disputes. The question of whether the parties have complied with this provision is reserved for the court and not the arbitrator or AAA.

i.       Litigation of Small Claims and Intellectual Property Disputes. Each party retains the right (i) to elect to have any claims heard in small claims court on an individual (non-class, non-representative) basis for Disputes within the scope of such court's jurisdiction, up to thirty (30) days after the party is given notice of the filing of an arbitration demand, and (ii) to seek injunctive or other relief in any court of competent jurisdiction regarding any intellectual property dispute between the parties in which either party seeks injunctive or other equitable relief to prevent the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. You hereby irrevocably consent to jurisdiction and venue of the State, Federal, and other courts of the State of Ohio with respect to any such injunctive or other relief. The parties acknowledge that their respective rights in their intellectual property are of a special, unique, extraordinary character, giving those rights peculiar value, the unauthorized use, disclosure, or loss of which cannot be readily estimated and may not be adequately compensated for in monetary damages.