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The Dupli-Color 2023 Café Racer Restyle Sweepstakes is here!
Follow along as we completely restyle this 1971 Honda CB350 and enter for your chance to WIN THIS BIKE.
Check back in often as there will ways to earn extra entries by following along as new videos are released and completing different actions on Dupli-Color Facebook, Instagram, and YouTube feeds. Sweepstakes ends 10/15/23. Good luck!
Enter on Gleam.io →
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Terms & Conditions
Unless otherwise stated, Gleam Giveaway Finder is not affiliated with this giveaway.
The DUPLI-COLOR 2023 Café Racer Restyle Sweepstakes
NO PURCHASE NECESSARY TO ENTER, WIN OR CLAIM A PRIZE. A PURCHASE or payment WILL NOT INCREASE AN ENTRANT’s CHANCES OF WINNING.
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 B 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 PARTICIPATE IN THIS SWEEPSTAKES.
The Dupli-Color 2023 Café Racer Restyle Sweepstakes (“Sweepstakes”) is sponsored by Sherwin-Williams Company (“Sponsor”), 101 W. Prospect Ave., Cleveland, OH 44115, and is administered by Anthony Thomas Advertising, (“Administrator”), 727 South Broadway Street, Akron, OH 44311.
- SWEEPSTAKES PERIOD: The Sweepstakes begins on September 1, 2023 at 12:00 AM Eastern Time (“ET”) and ends on October 15, 2023 at 11:59:59 PM ET (“Sweepstakes Period”). The Administrator’s computer is the Sweepstakes official clock.
- ELIGIBILITY: This Sweepstakes is open only to legal residents of the forty-eight (48) contiguous United States including the District of Columbia, (excluding Alaska and Hawaii), who are at least twenty-one (21) years of age at the time of entry and have a valid U.S. license (an “Entrant”). Employees of Sponsor, Administrator, and each of their respective parent companies, subsidiaries, affiliates, advertising and promotion agencies (collectively, “Sweepstakes Entities”) and each of their immediate family members (e.g., spouse, parent, child, sibling, and their respective spouses and the “steps” of each, regardless of where they reside) and persons living in the same household of each, whether or not related, are not eligible to enter or win. All federal, state, and local laws apply. Void in Alaska, Hawaii, and where prohibited or restricted by law.
Participation constitutes Entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions and interpretations, which are final and binding in all matters related to the Sweepstakes. For purposes of the Sweepstakes, an Entrant’s residential address and e-mail address will be the physical address and e-mail address submitted at the time of entry. Entrants will not be allowed to change their physical address or e-mail address.
HOW TO ENTER THE SWEEPSTAKES: During the Sweepstakes Period, an eligible Entrant may visit https://gleam.io/SGDPl/duplicolor-2023-cafe-racer-restyle-sweepstakes (“Website”) and complete and submit the registration form including, but not limited to: his/her first and complete last name (no initials), valid e-mail address, phone number, street address (no P.O. Boxes will be allowed), city, state, and zip code. Upon the successful submission of the registration information, an Entrant will receive one (1) entry (an “Entry”) into the Sweepstakes.
Entrant will also have an opportunity to receive additional Entries by completing specific activities throughout the Sweepstakes Period (see APPENDIX A). Entries that are incomplete or do not adhere to the rules or specifications of the Sweepstakes may be disqualified at the sole discretion of the Sponsor. Entrants are prohibited from using more than one (1) e-mail address or multiple identities. If it is found or suspected that an Entrant is using more than one e-mail address or multiple identities to participate in the Sweepstakes, then that Entrant, in Sponsor’s sole discretion, may not be eligible to win the Prize.
IMPORTANT: Message and data rates may apply if an Entrant enters this SWEEPSTAKES on his/her mobile device. Not all mobile telephone/wireless providers carry the service necessary to participate in thESE SWEEPSTAKES. Entrants should consult their wireless provider's pricing plans. Mobile entry is not required to enter or win THE prize in THIS SWEEPSTAKES.
- RANDOM DRAWING: On or around October 16, 2023, the Administrator will randomly select one (1) potential Grand Prize winner (“Winner”) from all eligible entries received. The Winner is considered a potential Winner pending verification of his/her eligibility and compliance with these Official Rules.
- PRIXE, APPROXIMATE RETAIL VALUE (“ARV”), AND ODDS OF WINNING:
Grand Prize: The Grand Prize is a restored and customized Vintage 1971 Honda CB350 Café Racer Motorcycle (the “Prize”) and includes shipping of the motorcycle to a destination specified by the Winner (within the continental U.S.) as well as $250 to have the motorcycle inspected by a technician of the Winner’s choosing (the motorcycle will have already been inspected by a professional mechanic chosen by Dupli-Color prior to shipping). The Prize is in no way sponsored, endorsed, administered by, or associated with Honda Motor Company. There will be one (1) Winner in this Sweepstakes.
- Total ARV: The total approximate retail value (“ARV”) of the Prize is $6,000 USD.
- Odds of Winning: The odds of winning the Prize depend on the number of eligible Entries received during the Sweepstakes Period.
- General Conditions: The Prize will be shipping from a location to be determined by Administrator between November 15 and November 22, 2023. Winner is solely responsible for all taxes (including, but not limited to, sales taxes and income taxes), registration, title, licensing fees, insurance and other fees and expenses related to the Prize. All costs and expenses not specifically included herein are solely the Winner’s responsibility. Winner will be required to present valid licensing and proof of insurability prior to accepting the Prize. The Winner will bear all risk of loss or damage to the Prize after it has been accepted at the specified drop-off location. If the Winner fails to comply with these conditions, the Prize will be forfeited, and an alternate winner will be randomly selected from all remaining eligible entries received. A limit of two (2) alternate winners may be selected. The Prize may not be transferred and must be accepted as awarded by the selected Winner. To the maximum extent permitted by law, the Prize is awarded “AS IS” without any warranty of any kind. In no event will more than the stated number of Prizes be awarded. If, for any reason, more prize notifications are sent than the number of Prizes offered, as set forth in these Official Rules, Sponsor reserves the right to award the intended number of Prizes through a random drawing from among all eligible Entries received.
- HOW TO CLAIM THE PRIZE: The potential Winner is subject to verification of eligibility and compliance with these Official Rules. After the random drawing, Administrator will notify the potential Winner via e-mail at the e-mail address provided at the time of registration, on the Entry. The potential Winner will be required to sign and return an Affidavit of Eligibility/Liability and Publicity Release (except where prohibited by law) and any other requested documents within seven (7) calendar days from the date of notification or the Prize may be forfeited in its entirety and awarded to an alternate winner, at the Sponsor’s sole and absolute discretion. Failure to provide all required information and a signature on the documents within the stated time period may result in forfeiture of a potential Winner’s right to claim his/her Prize, and may result in the Prize being awarded to an alternate winner. If a potential Winner is disqualified, found to be ineligible, not in compliance with these Official Rules, or declines to accept the Prize, the respective Prize may be forfeited. If the Prize is forfeited, the Prize may be awarded to an alternate winner, selected in a random drawing from among all remaining eligible entries received, as determined by Sponsor in its sole discretion. If, after a good-faith attempt, Sponsor is unable to award or deliver the Prize, the Prize may not be re-awarded. Upon verification of eligibility, the Winner will be contacted to finalize arrangements to receive the Prize. Winner shall be solely responsible for payment of any and all applicable federal, state, and local taxes for his/her Prize won. Sponsor will issue an IRS Form 1099-MISC for the Winner. All other costs and expenses not expressly set forth herein shall be the sole responsibility of the Winner. The Prize will only be awarded to a verified Winner.
- LIMITATION OF LIABILITY: By participating in this Sweepstakes, Entrants agree that the Sweepstakes Entities and each of their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers and each their respective officers, directors, stockholders, employees, representatives, designees and agents (“Released Parties”) are not responsible for: (i) lost, late, incomplete, stolen, misdirected, postage due or undeliverable e-mail/text notifications or postal mail; (ii) any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; (iii) garbled, corrupt or jumbled transmissions, service provider/network accessibility, availability or traffic congestion; (iv) any technical, mechanical, printing or typographical or other error; (v) the incorrect or inaccurate capture of registration information or the failure to capture, or loss of, any such information; (vi) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Sweepstakes; (vii) any injury or damage, whether personal or property, to Entrants or to any person's computer related to or resulting from participating in the Sweepstakes and/or accepting the Prize; or (viii) entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules. Further, the Sweepstakes Entities are not responsible for any unanswered or undeliverable Winner notifications.
By entering the Sweepstakes, each Entrant agrees: (i) to be bound by these Official Rules, including entry requirements; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his/her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Sweepstakes and/or the Prize; and (iv) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all disputes, claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may arise in connection with: (a) the Sweepstakes, including, but not limited to, any Sweepstakes-related activity or element thereof, and the Entrant’s Entries, participation or inability to participate in the Sweepstakes; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, death, negligence or willful misconduct in connection with the Prize, or any component thereof; (d) any change in the prizing (or any components thereof); (e) human error; (f) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (g) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); or (h) the negligence or willful misconduct by Entrant.
If, for any reason, the Sweepstakes is not capable of running as planned, Sponsor reserves the right, at its sole and absolute discretion, to cancel, terminate, modify or suspend the Sweepstakes and/or proceed with the Sweepstakes, including but not limited to (a) substituting the Prize; and/or (b) the selection of a Winner in a manner it deems fair and reasonable, including the selection of a Winner from among eligible Entries received prior to such cancellation, termination, modification or suspension. In no event will more Prizes be awarded than are stated in these Official Rules. In the event that, due to technical, typographical, mechanical, administrative, printing, production, computer or other errors, there are more Winners than are stated in these Official Rules, a random drawing among the claimants will be held to determine the Winner.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING THE PRIZE, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
- DISPUTES: Except where prohibited, Entrant agrees that any and all disputes, claims and causes of action arising out of, or in connection with, the Sweepstakes or the Prize awarded, shall be resolved individually, without resort to any form of class action, as further explained in Appendix B. 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 Sponsor in connection with the Sweepstakes, 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.
- PUBLICITY RIGHTS: By participating in this Sweepstakes, the Winner grants to the Sponsor and Sponsor’s designee the perpetual right and permission to use his/her name, address (city and state), biographical information, likeness, voice, picture or opinions, and other information and content provided in connection with the Sweepstakes for promotion, trade, commercial, advertising and publicity purposes in all media worldwide including, but not limited to, on television, social media and the Internet, without notice, review or approval and without additional compensation, except where prohibited by law.
- GENERAL: Any attempted form of participation in this Sweepstakes other than as described herein is void. Sponsor and Administrator reserve the right to disqualify, in their sole and absolute discretion, any Entrant found or suspected to be tampering with the operation of the Sweepstakes; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of this Sweepstakes. Any attempted form of participation in this Sweepstakes other than as in these Official Rules is void. If it is discovered that a person has registered or attempted to register more than once using multiple phone numbers, e-mail addresses, residential addresses, multiple identities, IP addresses, use of proxy servers, or like methods, all of that person’s Entries will be declared null and void and that person will not be awarded the Prize that he/she might have been entitled to receive. Any use of robotic, automatic, macro, programmed, third party or like methods to participate in the Sweepstakes will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. Entrants and/or potential Winners may be required to provide proof of identification and eligibility as required by Sponsor or Administrator. In the event of a dispute as to the identity of a Winner, the winning entry will be declared made by the authorized account holder of the e-mail address submitted on the registration form associated with such Entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational institution) 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 an authorized account holder. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If any provision of these Official Rules or any word, phrase, clause, sentence, or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules or the Prize documents will not affect the validity or enforceability of any other provision. No Entrant shall have the right to modify or amend these Official Rules. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. All entries and/or materials submitted become the property of Sponsor and will not be returned. In the event of any conflict with any Sweepstakes details contained in these Official Rules and Sweepstakes details contained in any promotional materials (including but not limited to point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Sweepstakes as set forth in these Official Rules shall prevail.
- WINNERS LIST: To find out who won, interested individuals should send a self-addressed stamped business envelope to: Winner - The Dupli-Color 2023 Café Racer Restyle Sweepstakes, 727 South Broadway Street, Akron, OH 44311. Winner requests must be received no later than November 30, 2023.
- The Sweepstakes is in no way sponsored, endorsed, administered by, or associated with Facebook, Twitter, Instagram, Snapchat, YouTube, Reddit, Pinterest, LinkedIn or any other social networks that are used to share the Sweepstakes. You understand that you are providing your information to the Sponsor of the Sweepstakes and not to Facebook, Twitter, Instagram, Snapchat, YouTube, Reddit, Pinterest, LinkedIn or any other social networks.
To enter the Sweepstakes, an eligible Entrant may visit https://gleam.io/SGDPl/duplicolor-2023-cafe-racer-restyle-sweepstakes (“Website”) during the Sweepstakes Period and complete and submit the registration form including, but not limited to: his/her first and complete last name (no initials), valid e-mail address, phone number, street address (no P.O. Boxes will be allowed), city, state, and zip code. Upon the successful submission of the registration information, an Entrant will receive one (1) entry (an “Entry”) into the Sweepstakes.
Entrant will also have an opportunity to receive additional Entries by completing specific activities throughout the Sweepstakes Period as outlined below — each activity will be further outlined/described within the Website.
- Subscribe to Dupli-Color Newsletter = 1 Entry
- Check Out Our Website — specific page(s) on the website = 1 Entry each
- NOTE: Entrants will receive only one (1) Entry for visiting each of the website pages outlined in the Sweepstakes Website regardless of how many times the Entrant visits each page
- Visit Dupli-Color Facebook page = 1 Entry
- Visit Dupli-Color Instagram page = 1 Entry
- Visit Dupli-Color YouTube channel = 1 Entry
- NOTE: Entrants will receive one (1) Entry for visiting each of the Dupli-Color Facebook page, Instagram page, and YouTube Channel regardless of how many times the Entrant visits each page/channel
- Share Sweepstakes with Friends = 2 Entries per successful referral
- View Specific Posts on Dupli-Color Facebook = 1 Entry each
- View specific post(s) on Dupli-Color Instagram = 1 Entry each
- View specific post(s) on Dupli-Color YouTube = 1 Entry each
- NOTE: Entrants will receive only one (1) Entry for visiting each of the Facebook, Instagram, and YouTube posts outlined in the Sweepstakes Website regardless of how many times the Entrant visits each post
- Answer Question(s) = 10 Entries each
- NOTE: Each question and where to find the answers will be outlined/described within the Sweepstakes website
- Enter Secret Code(s) = 2 Entries each
- NOTE: Details about where to find the secret codes will be outlined/described within the Sweepstakes website
- Posts and/or comment(s) on specific post(s) on Facebook, Instagram, YouTube with specific hashtag and/or @mention = 3 Entries each
- Facebook follower = 5 Entries
- Instagram follower = 5 Entries
- YouTube follower = 5 Entries
Entries that are incomplete or do not adhere to the rules or specifications of the Sweepstakes may be disqualified at the sole discretion of the Sponsor. Entrants are prohibited from using more than one (1) e-mail address or multiple identities. If it is found or suspected that an Entrant is using more than one e-mail address or multiple identities to participate in the Sweepstakes, then that Entrant, in Sponsor’s sole discretion, may not be eligible to win the Prize.
APPENDIX B - 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 Sweepstakes 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: [email protected]
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.