THANK YOU to everyone who submitted amazing photos and videos of your special memories. Wishing you all a truly fantastic Mother's Day!
This contest ended on May 5th, 2017. We will announce winners soon. Thank you to everyone who entered.
Everyone has special memories with their mom, big and small.
That trip to Disney, those special grilled cheese sandwiches, the time you laughed so hard together that water came out of her nose. Mother's Day is for celebrating those memories—and for making new ones.
Share a memory with mom for the chance to win two tickets to Paint Nite or Plant Nite and $500 Amex gift card!
There are two easy ways to enter:
Instagram: Post a photo or video of you and your mom using hashtag #memorieswithmom and tag us @paintnite or @plantnite. All Instagram entries will be populated into the photo gallery on this website.
That's it! Then, check back on May 5 when we'll post two randomly selected winners right here. Winners will also be notified by email.
And don't forget to share your memory with mom, too—we think she'll appreciate it.
PAINT NITE TICKET GIVE-A-WAY CONTEST OFFICIAL RULES
Entrants to the Paint Nite Mother’s Day Contest (the “Contest”) agree to the following official rules (“Official Rules”).
The Contest Sponsor is Paint Nite LLC, 230 Somerville Avenue, Somerville, Massachusetts 02143 (“Sponsor” or “Paint Nite”).
WHO MAY ENTER
No purchase is necessary to enter the Contest or claim the Contest prizes. In order to enter the Contest, contestants (referred to herein as “Entrants” or “Contestants”) must submit a photo (an “Entry” or “Entries” where applicable). The Contest is open to (i) legal residents of the United States of America who are at least twenty-one (21) years of age as of the date of their entry to the Contest and (ii) legal residents of Canada who are of legal drinking age for their province as of the date of their entry to the Contest. In addition, to be eligible for the Contest, persons must check the Opt-In box on the entry form and consent to future receipt of communications and promotions from Paint Nite and Plant Nite. Paint Nite and Plant Nite employees and licensees, and their affiliates, partners, subsidiaries, distributors, retailers, advertising and promotion agencies, and the immediate families or household members of each are not eligible for the Contest. The Contest is subject to all applicable federal, state, and local laws and regulations, and is void where prohibited by law or regulations.
The Contest submission period begins after 12:01 AM United States Eastern Daylight Time (“US EDT”) on April 24, 2017 and ends at 11:59:59 PM US EDT on May 5, 2017 (the “Contest Period”). All Entries must be received no later than 11:59:59 PM US EDT on May 5, 2017. By submitting an Entry, each Entrant agrees to the Official Rules and warrants that his or her Entry complies with all requirements set out in the Official Rules.
HOW TO ENTER
Contestants may enter only once via social media with the hashtag #MemorieswithMom or by uploading a photo into this website. Duplicate or additional Entries from the same Contestant may be disqualified from the Contest at the sole discretion of Paint Nite.
All Entries and requests become the property of Paint Nite and Plant Nite, and will not be acknowledged or returned. Paint Nite reserves the right to use photos in Paint Nite and Plant Nite marketing and advertising. In the event of a dispute over the identity of an Entrant, Entry will be deemed submitted by the authorized account holder of the e-mail account of the e-mail address submitted at time of the Entry.
Paint Nite will select two winners (each a “Winner”) from all of the Entries received during the Contest Period.
A Winner will receive two (2) free tickets to any Paint Nite or Plant Nite event in the United States or Canada, excluding fundraising events, private events, and special events.
In most of the United States, and in Canada, the retail value of Paint Nite event tickets is $45 per ticket, and the ticket portion of the prize thus has a retail value of $90. In New York City, the retail value of Paint Nite event tickets is $65 per ticket, and the ticket portion of the prize thus has a retail value of $130 if the free tickets are utilized in New York City.
In most of the United States, the retail value of Plant Nite event tickets is $55 per ticket, and the ticket portion of the prize thus has a retail value of $110. In New York City, the retail value of Plant Nite event tickets is $75 per ticket, and the ticket portion of the prize thus has a retail value of $150 if the free tickets are utilized in New York City.
A Winner may not substitute, assign, transfer or redeem their prize for cash. Sponsor reserves the right, at its sole discretion, to substitute prize (or portion thereof) with one of comparable or greater value, unless to do so would be prohibited by law. All prize details are at Sponsor's sole discretion. Under no circumstances shall a Winner be permitted to attend any Paint Nite or Plant Nite event unless said individual is of the legal drinking age or older in the jurisdiction where their event is to take place, and in no event may a Winner utilize the free tickets won to invite guests who are under the legal drinking age in the jurisdiction where their event is to take place.
NONCOMPLIANCE OR RETURN OF PRIZE NOTIFICATION AS UNDELIVERABLE, WHETHER BY REGULAR MAIL, EMAIL OR DIRECT MESSAGE VIA SOCIAL MEDIA CHANNEL, MAY RESULT IN DISQUALIFICATION AND SELECTION OF AN ALTERNATE POTENTIAL WINNER(S).
The above referenced prizes are non-refundable and may not be sold or exchanged for anything of monetary value. In addition, prizes are not transferrable, unless the transfer is expressly agreed to in writing by Sponsor in Sponsor’s sole discretion.
SELECTION OF WINNERS
Paint Nite will select a Winner based on complete fulfillment of the Contest Rules (in Paint Nite’s sole discretion) and in Paint Nite’s sole and absolute discretion. The Winner will be notified by Paint Nite by email address from where the Winner submitted his/her Entry to the Contest, within five days following the selection of the Winner, and may be announced publicly on the Paint Nite and/or Plant Nite websites. After the announcement of the Winner, the Winner’s name may, in Paint Nite’s sole discretion, be posted to one or all of the following: Facebook, Instagram, Twitter, or such other social media outlet or media outlet as Paint Nite may, in its sole discretion, choose. All submissions (winning or otherwise) may be utilized by Paint Nite and Plant Nite for any purpose, including, but not limited to promotional materials, content on any social media channels, and Paint Nite and Plant Nite marketing regardless of whether the Entry is chosen as a winning Entry.
If the selected Winner cannot be contacted, is ineligible, fails to claim the prize within fifteen (15) days from the time award notification was sent, or fails to timely return a completed and executed declaration and releases as required by Paint Nite in its sole and absolute discretion, the prize may be forfeited and an alternate Winner selected.
All Entries must be submitted and received by Sponsor during the Contest Period. Proof of submission is not proof of receipt. Sponsor reserves the right to examine the original Entry submitted in order to confirm compliance with the Official Rules.
Odds of winning depend on the number of eligible entries received during Contest Period.
RELEASE OF LIABILITY
By participating in the Contest, each Entrant releases Sponsor, and its subsidiaries, affiliates, licensees, partners, employees, officers, directors, members, managers, agents, attorneys, advertising agencies, and all others associated with the development and execution of this Contest (collectively “Releasees”), from any and against any and all injury, loss or damage caused or claimed to be caused by Entrant’s participation in the Contest and/or the acceptance, awarding, receipt, prize, use and/or misuse of the prize won, and Entrant agrees that Releasees are in no matter responsible for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relating to the Contest and/or the awarding of any Contest prize. Notwithstanding the foregoing, in the event that the preceding release is determined by a court of competent jurisdiction to be invalid or void for any reason, Entrant agrees that, by entering the Contest, (i) any and all disputes, claims, and causes of action arising out of or in connection with the Contest, or any prizes awarded, shall be resolved individually without resort to any form of class action; (ii) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event attorney’s fees; (iii) under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby waives all rights to claim, incidental or consequential damages or otherwise increased damages and any other damages, other than damages for actual out-of-pocket expenses, but in no event attorneys’ fees, (iv) Entrant expressly waives any claims based on use of Entrant’s Entry into the Contest, use of Entrant’s Entry, and (v) Entrant expressly waives any claims based on use of Entrant’s Entry into the Contest, including, but not limited to any claim for damages based on the use of Entrant’s Contest entry by any of the Releasees.
Releasees assume no responsibility for, and Entrants expressly waive any and all claims based on any error, omission, interruption, deletion, defect, or delay in operation or transmission; communications line failure; theft or destruction of or unauthorized access to Contest Entries or Entry forms; or alteration of Entries or Entry forms. Releasees are not responsible for any problems with or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email entry to be received on account of technical problems or traffic congestion on the Internet or at any website, human errors of any kind, or any combination thereof, including any injury or damage to Entrants' or any other persons' computers related to or resulting from participation, uploading or downloading of any materials related to in this Contest.
If the Contest Entry submitted contains any material or elements that are not owned by Entrant and/or which are subject to the rights of third parties, Entrant is responsible for obtaining, prior to submission of the Entry, any and all releases and consents necessary to permit the Entry in the manner set forth in these Official Rules. Entrant expressly agrees to defend and indemnify Releasees, including the payment of any judgment, settlement, or attorneys fees related to the defense of Releasees in the event any third party makes a demand, claim, or bring an action against Paint Nite or Plant Nite based on (i) the photograph submitted with the Contest Entry, (ii) the use of the photograph submitted with the Contest Entry, (iii) any claim that the Contest Entry submitted does not belong to the Entrant, or (iv) use of the Winner’s tickets, whether as a guest or invitee of the Winner, or otherwise. The Winner is solely responsible for the conduct of any guest who utilizes a free ticket, and agrees to defend and indemnify Releasees for such person’s conduct at or following any Paint Nite or Plant Nite event. In such event, Paint Nite and Plant Nite shall have sole discretion on who it wishes to prosecute their defense.
By entering the Contest, each Entrant grants all rights in the Entry (including the photograph submitted) the Entrant submitted and any derivative works created therefrom to Paint Nite. Entrants consent to Releasees doing or omitting to do any act that would otherwise infringe the Entrant's “moral rights” in their Entries. Display or publication of any Entry on Paint Nite’s website (or any other website or forum of Paint Nite’s choosing) does not indicate the Entrant will be selected as a winner or entitle the Winner to any consideration other than set forth herein. Releasees will not be required to pay any additional consideration or seek any additional approval in connection with any use of any Entry, whether deemed to be a valid Entry or otherwise. Additionally, by entering, each Entrant grants to Releasees the unrestricted right to use all statements made in connection with the Contest, or choose not to do so, and to use all Entries for any purpose whatsoever at Releasees’ sole discretion. Releasees will not be required to pay any additional consideration or seek any additional approval in connection with any such use. All submissions to the Contest become the property of Paint Nite, and Paint Nite and Plant Nite may use any Entry in any manner it chooses without incurring any obligation to any Entrant.
LIMITATION OF LIABILITY
By entering this Contest, all Entrants agree to release, discharge, indemnify and hold harmless Releasees from any claims, losses, and damages arising out of any participation in this Contest or any Contest-related activities and the acceptance and use, misuse, or possession of any prize awarded hereunder. Further, all Entrants warrant that they, immediately prior to submission of an Entry, are the sole holder of the email address set forth in the Entry, and that such ownership rights have not been transferred or hypothecated in any way to any third party.
IN NO EVENT SHALL RELEASEES BE LIABLE (JOINTLY OR SEVERALLY) TO ENTRANT, OR IN THE CASE OF A WINNER, A WINNER’S GUEST(S), FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE CONTEST, USE OF ANY ENTRANTS’ ENTRY OR A DERIVATIVE WORK CREATED FROM SUCH ENTRY, OR OTHERWISE RELATED TO THE CONTEST, OR PARTICIPATION IN ANY PAINT NITE OR PLANT NITE EVENT, AND ALL ENTRANTS TO THE CONTEST AGREE TO DEFEND AND INDEMNIFY, INCLUDING ALL PAYMENT OF REASONABLE ATTORNEYS FEES AND COSTS, PAINT NITE AND PLANT NITE IN THE EVENT THAT ANY SUCH DAMAGES ARE CLAIMED. IN NO CIRCUMSTANCE SHALL RELEASEES’ TOTAL LIABILITY TO YOU OR ANYONE ELSE FOR ANY DAMAGES OR LOSSES ARISING FROM OR RELATED TO THE CONTEST IN ANY WAY, EXCEED THE MAXIMUM FACE VALUE OF THE PRIZE AS SET FORTH IN THESE OFFICIAL RULES.
THIS CONTEST IS VOID WHERE PROHIBITED. Entrants agree that this Contest and these Official Rules shall be subject to and governed in accordance with the laws of the Commonwealth of Massachusetts, without regard to conflict of laws principles, and, as necessary the laws of the United States of America.
Entrants and any guest of a Winner to a Paint Nite or Plant Nite event agree that any dispute, claim, action, or controversy arising out of or relating in any way to the Contest shall be determined by binding arbitration instead of in courts. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and is subject to limited review by courts. Arbitrators may award the same damages and relief that a court can award. Entrants, including any guest(s) of a Winner, that may attend a Paint Nite or Plant Nite event (“Event Attendees”), and Paint Nite and Plant Nite agree that Mass. Gen. Laws c. 251, et seq., governs the interpretation and enforcement of this provision, and that Event Attendees and Paint Nite are waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Official Rules and is specifically enforceable against Entrants and any Event Attendees. Event Attendees are bound by these rules, and a Winner agrees to inform Event Attendees of these Official Rules by providing a copy thereof to each Event Attendee.
If an Entrant, Winner or Event Attendee elects to seek arbitration, each must first send to Paint Nite, by certified mail, a written notice of such claim (“Notice”). The Notice to Paint Nite must be addressed to: General Counsel, Paint Nite LLC, 230 Somerville Avenue, Somerville, MA 02143. The Notice must state the basis of such claim, including all facts related to such claim, all witnesses to such claim, and a complete statement of the damages such claim seeks, including a description of how such damages are calculated.
ENTRANTS, WINNERS, EVENT ATTENDEES, PAINT NITE, AND PLANT NITE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless an Entrant, Winner, Event Attendee, Paint Nite, and Plant Nite agree otherwise, the arbitrator may not consolidate more than one person’s claims with another person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
An Entrant, Winner, and any Event Attendee agree that any proceeding involving any dispute, claim, action, or controversy arising out of or in connection with the Contest shall be arbitrated, as set forth herein, solely and exclusively in the Commonwealth of Massachusetts, Suffolk County, before either (i) JAMS arbitration service or (ii) such other arbitrator as may be agreed to in writing. If the parties are unable to agree on one of these two options, the arbitration shall take place before JAMS arbitration service, located in Boston, Massachusetts.
This Governing Law and Venue provisions set forth herein shall survive termination of these Official Rules, the Contest, and any Paint Nite or Plant Nite event attended by a Winner or Event Attendees.
In the event the agreement to arbitrate is held to be invalid or unenforceable, which decision shall be made by the arbitrator only, an Entrant, Winner, Event Attendees, Paint Nite, and Plant Nite agree that any action or proceeding involving any dispute arising out of or in connection with the Contest, these Official Rules, or any Paint Nite event attended by the Winner, or Event Attendees shall be brought only in the Commonwealth of Massachusetts, and in such circumstance an Entrant, Winner, Event Attendees, Paint Nite, and Plant Nite hereto irrevocably consent and submit to the exclusive jurisdiction within the Commonwealth of Massachusetts in respect of any such proceeding before (i) the federal District Court for the District of Massachusetts, located in Boston, Massachusetts or (ii) the Massachusetts Superior Court, Middlesex County.
To the extent permitted by law, the right to litigate, to seek injunctive relief or to make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Contest are hereby excluded, and any Entrant, Winner, or Event Attendees expressly waive any and all such rights. Certain restrictions may apply. Entries void if the Sponsor determines the Entry is illegible, incomplete, damaged, irregular, altered, counterfeit, produced in error, submitted by any automated program, contain defamatory, repugnant, or offensive material, or if the Entry was obtained through fraud or theft, or misrepresents any fact; each of the foregoing to be determined in Paint Nite’s sole and exclusive discretion. The foregoing rules apply even in the circumstance an Entry is determined to be invalid.
By entering, Entrants, the Winner, and Event Attendees also agree (a) to be bound by these Official Rules; (b) that the decisions of Paint Nite are final and binding with respect to all matters relating to the Contest; and (c) that Sponsor may use any Entry and Entrant’s name, photograph, likeness, and/or voice in any publicity or advertising relating to the Contest, the Paint Nite or Plant Nite event attended by Winners as a result of their prize, or future promotions without compensation or approval (except where prohibited by law). All federal, state/provincial/territorial, and local taxes, fees and surcharges and taxes (whether foreign or domestic, and including income, sales, and import taxes) on the prize are the sole responsibility of a Winner. In the event that the selected Winner of any prize is ineligible, cannot be traced or does not respond within fifteen (15) days from the time a winner notification is sent as required by the these Official Rules, or refuses the prize, the prize will be forfeited and Sponsor, in its sole discretion, may choose whether to award the prize to another Entrant.
The Sponsor reserves the right to verify the validity of any Entry and/or Entrant (including an Entrant's identity and address) and to disqualify any Entrant who submits an Entry that is not in accordance with these Official Rules or who tampers with the Entry process. Failure by the Sponsor to enforce any of its rights at any stage does not constitute a waiver of those rights.
By entering this Contest, Entrants are opting in and consenting to receive email communications from the Sponsor.
RIGHT TO CANCEL OR SUSPEND CONTEST
If for any reason the Contest is not capable of running as planned, due to infection by computer virus, bugs, worms, trojan horses, denial of service attacks, tampering, unauthorized intervention, fraud, technical failures, or any other reason that corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right, at its sole discretion, to disqualify any individual(s) who tamper with the entry process, and/or to cancel, terminate, modify, or suspend the Contest.
If the Contest is terminated before the end date, Sponsor may determine a Winner from all eligible Entries received as of the termination date.
The names of any Winner will be available on one of the pages of Paint Nite’s blog (www.blog.paintnite.com) and Instagram pages (www.instagram.com/paintnite and www.instagram.com/plantnite) on or after the end of the Contest Period.
Entrants agree that personal data, may be processed, shared, and otherwise used for the purposes and within the context of the Contest and any other purposes outlined in these Official Rules and for any other purposes Paint Nite, in its sole discretion, deems appropriate. The data may also be used by the Sponsor in order to verify the Entrant’s identity, or to otherwise verify the Entrant’s eligibility to participate in the Contest. Contestants have the right to access, review, rectify, or cancel any personal data held by Sponsor by writing to Paint Nite LLC, 230 Somerville Avenue, Somerville, Massachusetts 02143. Personal data will be used by Sponsor and its affiliates exclusively for the purposes stated herein.
The Children's Online Protection Policy (“COPPA”) provides protection for children while online and prohibits websites from accepting any identifiable data or information from anyone thirteen and under. In accordance with COPPA and these Official Rules, Paint Nite will not accept entries or associated information from individuals under the legal drinking age in the jurisdiction in which they reside.