To enter this contest, you must agree to and abide by these Official Rules.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. INTERNET ACCESS, VALID E-MAIL ACCOUNT AND AN INSTAGRAM ACCOUNT ARE REQUIRED.
This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram. You understand that you are providing your information to Kiss Products, Inc. and not to Instagram. Any questions, comments or complaints regarding the Contest (including making a request to have your information deleted) should be directed to Kiss Products, Inc., and not to Instagram.
1.Sponsor: Kiss Products, Inc. (“Sponsor”), 57 Seaview Blvd., Port Washington, NY 11050.
2.Eligibility: The imPRESS Mani Match-Up Contest ("Contest") is open only to legal residents of the 49 States of the United States excluding Hawaii. Void in Puerto Rico, other United States territories, outside the United States and where prohibited or restricted by law, who are at least eighteen (18) years of age, who have internet access, an active e-mail account and an Instagram account prior to the beginning of the Contest Period. Any individuals (including, but not limited to, employees, consultants, independent contractors, and interns) who have, within the past six (6) months prior to the start of the Contest, performed services for Sponsor, or any organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest or supplying the prizes, and/or their respective parents, subsidiaries, affiliated and successor companies, and immediate family and household members of such individuals, are not eligible to enter or win prize(s). "Immediate family members" shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. "Household members" shall mean people who share the same residence at least three (3) months a year, whether related or not. Void where prohibited by law.
3. Contest Entry via imPRESS Instagram: The Contest, Week 1 begins on or about 12:00:01 am Eastern Time (“ET”) on 06/02/17 and will run weekly contests for four consecutive weeks, ending at 11:59:59 PM ET on 06/29/17 (“Contest Period”). You may only use one (1) e-mail address/Instagram account to participate in the Contest.
BY SUBMITTING A PHOTO VIA INSTAGRAM ALONG WITH THE HASHTAG #imPRESSManiMatch, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND FULLY AGREE TO THESE OFFICIAL RULES. DO NOT SUBMIT A PHOTO WITHOUT FIRST REVIEWING THESE OFFICIAL RULES. (IF YOU ARE A MINOR IN YOUR JURISDICTION OF RESIDENCE, YOU SHOULD FIRST REVIEW THESE OFFICIAL RULES WITH YOUR PARENT/LEGAL GUARDIAN AND OBTAIN THE CONSENT OF YOUR PARENT/LEGAL GUARDIAN BEFORE SUBMITTING A PHOTO.)
Partial or incomplete piecemeal submissions will NOT BE considered. Do not use the #imPRESSManiMatch for purposes other than participation in this Contest. *IMPORTANT: MESSAGE AND DATA RATES MAY APPLY TO USE OF MOBILE PHONE/DEVICE TO PARTICIPATE IN CONTEST. YOU (IF A MINOR IN YOUR JURISDICTION OF RESIDENCE, YOUR PARENT/LEGAL GUARDIAN) ARE STRONGLY ADVISED TO CHECK YOUR MOBILE PHONE/DEVICE CARRIER’S RATE PLAN BEFORE ATTEMPTING TO PARTICIPATE IN THE CONTEST VIA INSTAGRAM. CURRENTLY, INSTAGRAM ONLY SUPPORTS THE FOLLOWING MOBILE PHONES/DEVICES: iPad®, iPhone®, iPod touch® AND Android® (no sponsorship/endorsement by the owners of such trademarks is intended/implied). WIRELESS INTERNET SERVICE MAY NOT BE AVAILABLE IN ALL AREAS.
In the event of any dispute concerning the identity of any entrant (or Entrant), the Entry will be deemed submitted by the natural person who is the authorized account holder of the transmitting e-mail account. "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, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Entries uploaded to Instagram will be publicly viewable on Instagram (contingent upon Sponsor’s preliminary determination as to eligibility and Official Rules compliance). Entrant releases and agrees to hold harmless Sponsor from any and all liability associated with posting Entry, including his/her express acknowledgment that (a) the Entry may differ from the photo entry as submitted due to technological limitations/malfunctions/errors or other cause; (b) photos may be posted in any pattern, sequence or format, and such pattern/sequence/format may or may not be rotated or varied, in Sponsor’s sole discretion; and (c) Entries submitted via Social Media Channel will be attributed to entrant’s Instagram user name. Posting of a photo does NOT constitute any representation by Sponsor that such entry is eligible for the Contest; and, if after such posting, Sponsor determines in its sole discretion that the entry is not in full compliance with these Official Rules or if the entrant is not eligible pursuant to these Official Rules, the entrant submitting such entry will be disqualified and the photo may be removed.
4. Contest Entry Restrictions: Entrant must submit an original photo (DO NOT COPY OTHERS’ WORKS). If photo is taken by a third party, Entrant must have secured all rights/clearances to the photo from the photographer; and, Sponsor may condition Contest eligibility on entrant timely furnishing adequate proof of entrant obtaining such rights/clearances. Only the hands/nails or image of Entrant him/herself (and no other persons’ hands/nails or likeness) may appear in photo.
Participation must be effected in accordance with these Official Rules. Once submitted, photo cannot be modified by Entrant. Joint/group entries are prohibited. No entries may be affected (in whole or in part) on behalf of someone else.
Entries: (i) must be the original and sole creation of the Entrant, and all right, title and interest including but not limited to the copyright in any Entry, must be owned solely by the submitting entrant, (ii) must have been created specifically for this Contest, (iii) may not have been previously published, (iv) may not infringe upon any third party’s rights, including, but not limited to, copyright, patent or trademarks/tradenames/logos, or rights of privacy or publicity, or contain material that is or may be considered defamatory, slanderous or libelous, or portray or depict any person, product or entity in a false light,***(v) may not violate any law, rule or regulation, (vi) may not contain any virus, bugs, or other deleterious material, and (vii) may not, for example, but not limited to, contain, profanity, defamatory statements, words or symbols widely considered offensive to individuals of any certain race, ethnicity, religious, sexual orientation or socioeconomic group, threats to any person, place, business, group or world peace; and each entrant (if a minor in jurisdiction of residence, Entrant’s parent/legal guardian) warrants and represents that his/her Entry complies with all of those conditions. Entries cannot contain, among other things, the trademark, tradename or logo of any third party or entity or product, cannot name, or describe any person (living, dead, or fictional) other than the Entrant, and cannot contain any material that is protected by copyright. Sponsor grants to each entrant a limited, non-transferable, non-exclusive, non-sublicensable, revocable right to use its trademarks solely for purposes of and limited to including them in photos submitted in this Contest in accordance with these Official Rules; such right and license will automatically expire without further act of any party at the expiration of the Contest Period, unless specifically extended on an individual basis by Sponsor in writing in its sole discretion. Any other use of Sponsor’s trademarks will be a violation of Sponsor’s intellectual property rights. SUBMITTED PHOTOS REPRESENT SOLELY THE VIEWS/OPINIONS OF THE ENTRANT AND DO NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR IN ANY MANNER. SPONSOR IS ACTING AS A PASSIVE CONDUIT FOR THE RE-POSTING/RE-PUBLICATION OF PHOTOS, AND HAS NO OBLIGATION TO AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONJUNCTION WITH SCREENING, MONITORING OR REVIEWING THE CONTENT OF PHOTOS.
Entries must be manually key-stroked by the Entrant; use of automated Entry devices or programs, or entries by third parties by any method of Entry, is prohibited. Entries that do not conform to these Official Rules applicable additional guidelines or are submitted in any manner other than stated in these Official Rules will be disqualified.
5. Rights: By submitting an Entry, each Entrant (if a minor in his/her jurisdiction of residence, his/her parent or legal guardian) acknowledges and agrees that if the Entry is determined to be a Winner, by acceptance of a prize, the winning Entrant grants to Sponsor and its licensees, sublicensees, successors, and assigns (collectively, the “Rights Holders”), the exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sublicenseable right and license (including, but not limited to, all intellectual property and proprietary rights including, without limitation, patents, trademarks, and copyrights) to use, perform, exhibit, reproduce, manufacture, construct, tailor, distribute, sell, offer to sell, import and/or otherwise exploit the Entry in any manner and in any and all distribution channels, venues or media now known or hereafter devised (collectively, the “License”). The rights granted pursuant to the License shall also include, without limitation, the right to: (a) change, alter, distort, edit or revise the Entry, or any part thereof; and (b) make derivative works based on the Entry, or any part thereof. Entrant (if a minor in his/her jurisdiction of residence, his/her parent or legal guardian) agrees to sign any documents required by Sponsor upon request (and without further compensation) to confirm such License. For entries made via Rule 4, the preceding grant of rights is expressly made subject to any rights retained by the operator of the social media channel used to submit the entry.
6. Judging: Odds of winning will depend on the total number of eligible entries received via www.instagram.com/impressmanicure and made within Contest Period. Sponsor reserves the right to not select a Prize winner if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Entries for Entry Period. Some or all judges may be affiliated with Sponsor.
7. Prizes, Approximate Retail Value ("ARV") – (4 Grand Prize Winners): GRAND PRIZE: Four (4) winners, One (1) per week, will each receive a $250 Gift Card to Net-a-Porter website. ARV Grand Prize: $250.00 ARV Prize total: $1,000.00 for four (4) winners.
8. Additional Prize Restrictions: No substitution, transfer or cash redemption of prizes except Sponsor in its sole discretion may award a substitute prize/prize component of equal or greater value if advertised prize/prize component is unavailable at time of awarding. (But, gift card prizes ARE redeemable for cash, where required by law.) Unspecified expenses relative to prize acceptance/use are winner’s sole responsibility. In all cases, gift cards are subject to the terms and conditions indicated thereon. All federal, state and local taxes are the sole responsibility of the winner; and, winner will be issued a 1099 Tax Form for fair market value of Grand Prize won and Grand Prize won (if applicable), with winner’s receipt of prize(s) being reported to the Internal Revenue Service as per applicable law. Sponsor reserves the right to award prize(s) to winner’s parent or legal guardian, if winner is a minor in his/her jurisdiction of residence.
9. Winner Notification: Winner will be notified by Sponsor via Instagram direct message. When entering via Instagram, it is recommended that you confirm your Instagram notification setting is turned on. Failure to respond to the initial verification notification within three (3) business days after notification after two (2) attempts will result in disqualification, and prize forfeiture. Potential winners (if a minor in jurisdiction of residence, his/her parent or legal guardian) will be required to complete, sign and return within three (3) business days of date on notification an Affidavit of Eligibility, Liability Release and Indemnification, a Publicity Release where allowed by law and a Background Check Application, as well as other documents that Sponsor may require. If documents are not returned on a timely basis, or if any notification or prize is returned as non-deliverable, or if a potential winner of a prize is found to be ineligible or not in compliance with these Official Rules, such prize may be forfeited and an alternate winner will be selected in accordance with the judging procedure as stated in Rule 6 above (time permitting).
10. Limitations of Liability: Released Parties (as defined below) are not responsible for lost, late, incomplete, stolen, misdirected, illegible, inaccessible entries/photos, internet connections or email; or for any computer, telephone, wireless, satellite, cable, network, electronic, internet or phone hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/ internet/ website/use net/accessibility, availability, or traffic congestion, internet contact, or any technical error, or program errors or malfunctions or unauthorized human intervention, or the incorrect or inaccurate capture of Entry or other information, or the failure to capture, or loss of, any such information. The Released Parties (as defined below) are not responsible for any incorrect or inaccurate information, whether caused by Web site users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Contest and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Web site (or any other web site). If for any reason the Contest is not capable of running as planned (in whole or in part), as solely determined by Sponsor, including but not limited to by infection by computer virus, bugs, tampering, unauthorized intervention, fraud or technical failures that can corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest. In such event, Sponsor shall conduct the Contest and award the prize(s) for one or more affected Monthly Periods/Onsite Events in a manner which is fair, appropriate and consistent with the spirit of these Official Rules, as determined by Sponsor in its sole discretion. Notice of cancellation/termination/ modification/suspension of the Contest will be posted on the Website. The right is reserved by Sponsor to disqualify any individual found, at its sole discretion, to be tampering with the Entry process or the operation of the Contest, to be acting in violation of the Official Rules, or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Released Parties are not responsible for any injury or damage to Entrant's or any other person's computer/mobile phone or device related to or resulting from participation in or downloading any materials from this Contest. Entrants further agree not to knowingly damage or cause interruption of the Contest and/or prevent others from participating in the Contest. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE OR AN INDIVIDUAL OTHERWISE ATTEMPTS TO DEFRAUD SPONSOR, SPONSOR MAY DISQUALIFY ANY ENTRANT MAKING SUCH ATTEMPT AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
11. Additional Conditions: By participating, Entrants (if a minor in his/her jurisdiction of residence, his/her parent or legal guardian) agree to be bound by and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects. By participating in this Contest, Entrants (if a minor in his/her jurisdiction of residence, his/her parent or legal guardian) agree to release and hold harmless Sponsor, Instagram, their respective parent, subsidiary, affiliated and successor companies, advertising and promotion agencies and prize suppliers, and each of their respective officers, directors, agents, representatives and employees, as well as each of their respective successors, representatives and assigns (collectively, the "Released Parties") from any and all actions, claims, injury, loss or damage (whether due to negligence or otherwise) to person(s), including death, and property or breach or failure or any representation of warranty arising in any manner, directly or indirectly, from participation in this Contest and/or from the acceptance misuse or use of any prize. By entering, Entrant (if a minor in his/her jurisdiction of residence, his/her parent or legal guardian) authorizes the Sponsor and its designees to use Entrant’s name, voice, likeness, photograph, prize information, biographical data and city and state of residence in programming, advertising, trade and/or promotional material and on a winners’ list (if applicable) in all media now known or hereafter discovered, world-wide and on the World Wide Web and internet, at any time, in perpetuity, without additional compensation (where permitted by law) and without review, approval or notice, to the extent permitted by law. Sponsor is not obligated to use any of the above mentioned information or materials, but may do so and may edit such information or materials, at Sponsor’s sole discretion, without further obligation or compensation. SPONSOR MAKES NO WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF ANY PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
12. Disputes: Arbitration/Choice Of Law: To the fullest extent permitted by law, entrants (if a minor in his/her jurisdiction of residence, his/her parent or legal guardian) agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or any prize awarded, or the determination of the winner, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the Rules of the American Arbitration Association, then effective, and (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for and entrant (if a minor in his/her jurisdiction of residence, his/her parent or legal guardian) hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and/or Released Parties in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, without regard for conflicts of law doctrine, and all proceedings shall take place in the City of New York, County of New York.
SPONSOR: Kiss Products, Inc., 57 Seaview Blvd., Port Washington, N.Y. 11050. @kissproducts