To enter this Giveaway, 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 AND A VALID E-MAIL ACCOUNT ARE REQUIRED.
You understand that you are providing your information solely to Kiss Products, Inc. Any questions, comments or complaints regarding the Giveaway (including making a request to have your information deleted) should be directed to Kiss Products, Inc.
1. Sponsor: Kiss Products, Inc. (“Sponsor”), 57 Seaview Blvd., Port Washington, NY 11050.
2. Eligibility: The imPRESSFX Giveaway ("Giveaway") 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; and who have internet access and an active e-mail account prior to the beginning of the Giveaway 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 Giveaway, performed services for Sponsor, or any organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Giveaway 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. Giveaway Entry via Instagram: The Giveaway begins on or about 12:00:01 am Eastern Time (“ET”) on 2/5/18 and ends 11:59:59 PM ET on 3/5/18 (“Giveaway Period”). You may only use one (1) email address/Instagram account to participate in the contest.
ENTRY VIA INSTAGRAM (No purchase necessary to enter or win): To be eligible for entry in this Giveaway, entrant must enter the Contest by following imPRESS manicure on Instagram and reposting the contest picture, tagging 2 friends with @imPRESSmanicure and #imPRESSFX in the caption. Sponsor reserves the right to disqualify entries which are incomplete. Each individual may enter the Giveaway once weekly regardless of method of entry. Any additional Submissions on the same week beyond the first Submission will be ignored, and not be eligible for the Giveaway. Sponsor reserves the right to disqualify entries which are (a) incomplete, (b) suspected of being false, (c) illegible, (d) contain sexual content or are otherwise offensive or objectionable; or (e) not in compliance with these Official Rules. There is no limit of entries throughout this Giveaway. However, only one Entry per Entrant per week is allowed. Entries generated by script, macro, or other automated means, and entries made by any means or practices which subvert the entry process are void. All entries become the sole property of Sponsor.
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.
4. Giveaway Entry Restrictions: 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 or 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.
6. Determination of Winners: A random drawing will be conducted to determine winners.
One (1) winner will be selected on February 12th from all eligible entries received.
One (1) winner will be selected on February 19th from all eligible entries received.
One (1) winner will be selected on February 26th from all eligible entries received.
One (1) winner will be selected on March 5th from all eligible entries received.
Odds of winning depend on the number of eligible entries received during Giveaway. By entering the Giveaway, entrants fully and unconditionally agree to be bound by these Official Rules and the decisions of the Sponsor, which will be final and binding in all matters relating to the Giveaway. The Winner need not be present to win.
7. Prizes, Approximate Retail Value ("ARV") – (4 winners total):
4 WINNERS: One (1) 6-piece full collection of imPRESS Special FX Press On Manicure and (1) handbag each. ARV Multiple Prize Total: $617.55. Limit of one (1) Prize per week, per person, address or household for duration of Giveaway.
8. Additional Prize Restrictions: No substitution, transfer or cash redemption of prizes except that 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. Unspecified expenses relative to prize acceptance/use are winner’s sole responsibility. 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 Prize won , 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: Potential winners will be notified by Sponsor via Instagram on Direct Message (“DM”). Failure to respond to the initial DM notification within three (3) business days after two notification 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 Giveaway 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 Giveaway 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 Giveaway, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Giveaway. In such event, Sponsor shall conduct the Giveaway 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 Giveaway will be posted on the Website. The right is reserved by Sponsor to disqualify any individual found, at Sponsor’s sole determination, to be tampering with the Entry process or the operation of the Giveaway, 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 Giveaway. Entrants further agree not to knowingly damage or cause interruption of the Giveaway and/or prevent others from participating in the Giveaway. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY 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 Giveaway, Entrants (if a minor in his/her jurisdiction of residence, his/her parent or legal guardian) agree to release and hold harmless Sponsor, 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 Giveaway 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 Giveaway, 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 Giveaway 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 Giveaway, shall be governed by, and construed in accordance with, the laws of the State of New York.
SPONSOR: Kiss Products, Inc., 57 Seaview Blvd., Port Washington, N.Y. 11050.