“Be the Next KISS Nail Art Superstar” Nail Art Challenge Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
“Be the Next KISS Nail Art Superstar” Nail Art Challenge (“Contest”) begins on March 9, 2015 at 4:00 P.M. Eastern Standard Time (“EST”) and ends May 29, 2015 at 3:00 P.M. EST (“Contest Period”).The sponsor of the Contest is Kiss Products, Inc., 57 Seaview Blvd., Port Washington, N.Y. 11050 (“Sponsor”). The Contest is subject to these Rules, and by entering, all participants (“Entrants”) and their parents or legal guardians (if those participants are under the age of 18 at the time of entry) agree that (1) they have read and are bound by these Rules, which are subject to modification in Sponsor’s sole discretion at any time, and (2) if any winner of this contest is under the age of 18 at the time of entry, a parent or legal guardian for that winner will be required to execute additional affidavits and releases before any prize is awarded, and if such affidavits and releases are not executed, another winner may be selected in Sponsor’s sole discretion. Certain other restrictions may apply.
Entrants, by participating, agree that Sponsor, Facebook, Instagram, Twitter and affiliates, subsidiaries and advertising and promotion agencies and all of their respective officers, directors, employees, representatives and agents (collectively, “Released Parties”) will have no liability whatsoever for, and shall be held harmless by Entrants against, any liability, for any injuries, losses or damages of any kind, including death, to persons, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize, participation in this Contest or the conducting of any event.
A PARTICIPANT’S ENTRY INTO THE CONTEST WILL BE DEEMED TO BE A REPRESENTATION THAT THE PARTICIPANT IS 13 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY.
ELIGIBILITY: The 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. To be eligible, a participant must be at least thirteen (13) years of age or older as of the date of entry. Employees (and their immediate families (parent, child, spouse or sibling and their respective spouses, regardless of where they reside) and those living in their same households, whether or not related) of Sponsor, their respective parent companies, affiliates, subsidiaries and advertising and promotion agencies are not eligible to enter or win. By participating, Entrants agree to be bound by these Official Rules and the decisions of the Sponsor, which are binding and final on matters relating to this contest. Contest is subject to all applicable federal, state and local laws. Void where prohibited.
This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram, Twitter and Facebook. By entering this contest, you understand that you are providing your information to Sponsor and not Instagram, Twitter and Facebook.
HOW TO ENTER:
ENTRY VIA FACEBOOK
Contestants must ‘like’ Kiss Nails Facebook page and then upload their photo of unique nail art designs created using Kiss Nail Art products and must tag #MyKissNailArt. All photos uploaded via Facebook must comply with the Statement of Rights & Responsibilities and Community Standards of the Facebook Web Site.
ENTRY VIA INSTAGRAM
Contestants must ‘follow’ @KissProducts Instagram then upload their photo of unique nail art designs created using Kiss Nail Art products and must tag #MyKissNailArt.
ENTRY VIA TWITTER
Contestants must ‘follow’ @KissProducts Twitter then upload their photo of unique nail art designs created using Kiss Nail Art products and must tag #MyKissNailArt.
ENTRY VIA KISSUSA.COM
Contestants must provide name and email on www.kissusa.com and then upload their photo of unique nail art designs created using Kiss Nail Art products and must tag #MyKissNailArt. You can either upload a photo from your desktop computer OR connect your Facebook account.
All entries must be received by May 25, 2015 12:00 A.M. EST. There is no limit of entries throughout this contest. 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.
HOW TO VOTE:
There is a limit of one (1) vote per (posted) Entry per day and votes can be submitted on the event page http://www.kissusa.com/contest
REQUIREMENTS OF ENTRIES: Entry may not contain, as determined by the Sponsor
, in its sole discretion, any content that:
- Is sexually explicit or suggestive; violent; derogatory of any ethnic, racial, gender, religious, profession, age, or any other group; profane or pornographic; or contains nudity;
- Promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
- Is obscene or offensive; endorses any form of hate or hate group;
- Defames, misrepresents or contains disparaging remarks about other people or companies;
- Contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission;
- Contains any personal identification of the Entrant, Entrant’s family members, or any third-party, including but not limited to license plate numbers, personal names, e-mail addressesphone numbers, or street addresses;
- Contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without permission;
- Contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures living or dead, not associated with the contest without permission;
- Contains look-alikes of celebrities or other public or private figures, living or dead not associated with the contest without permission;
- Communicates messages or images inconsistent with the positive images and/or good will to which Sponsor wishes to associate; and/or violates any law.
Entry must only include the original work of the Entrant, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If the Entry contains any material or elements that are not owned by the Entrant, and/or which are subject to the rights of third parties, the Entrant is responsible for obtaining, prior to submission of the Entry, any and all releases and consents necessary to permit the use and exhibition of the Entry by Sponsor in the manner set forth in these Official Rules. Sponsor reserves the right, to request proof of these permissions in a form acceptable to Sponsor from any Entrant at any time. Failure to provide such proof may, if requested, render Entry null and void, and even if Entrant provides such proof, Sponsor reserves the right in Sponsor’s sole discretion to void and invalidate the entry and determine that the entry is not eligible for this contest. By submitting an Entry, Entrant warrants and represents that he/she consents to the submission and use of the Entry in the Contest and to its use as otherwise set forth herein.
By submitting an Entry, Entrant hereby grants permission for the Entry to be posted on www.facebook.com/kissnails, www.kissusa.com, www.instagram.com/kissproducts, www.twitter.com/kissproducts, www.pinterest.com/kissproducts or other websites, as determined by Sponsor. Entrant agrees that Released Parties (as defined below) are not responsible for any unauthorized use of Entries by third parties. Released Parties do not guarantee the posting of any Entry and may remove a posted Entry at any time.
JUDGING: All eligible Entries received will be judged on June 1, 2015 by a panel of judges based on the following criteria (numerical percentages are approximations): Overall representation of the KISS Products Brand (20%), creativity of photo and copy (40%), quality of photo (20%), compliance with the use of #MyKissNailArt hashtag, tagging of @KissProducts and following KISS social media handles (20%). Only followers/fans of @kissproducts (www.facebook.com/kissnails, www.instagram.com/kissproducts and www.twitter.com/kissproducts) are eligible. 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.
WINNER NOTIFICATION: Potential winners may be notified via Instagram, Facebook and Twitter on June 8, 2015 and will have Three (3) days from date/time of notification to respond to Sponsor. Potential Grand Prize winner will, and potential Second Prize winners may, be required to execute and return an affidavit of eligibility, a liability release, intellectual property ownership transfer documentation, a publicity release, and any other documentation that Sponsor requires in Sponsor’s sole discretion within ten (10) days of date of issuance. If all such documents are not returned within the specified time period, Sponsor is unable to contact a potential winner within five (5) days from date/time of initial notification, or a potential winner is not in compliance with these Official Rules, he/she may be disqualified and, at Sponsor’s discretion, a runner-up may be selected for the applicable prize.
GRAND PRIZE: One (1) grand prize winner will receive a $1,000 Gift Card and have a chance to become a nail artist for KISS Products.
SECOND PRIZE: One (1) second prize winner will receive a $500 Gift Card.
THIRD PRIZE: One (1) third prize winner will receive a $250 Gift Card.
Most Voted: One (1) most voted winner will receive a $100 Bejour Digital Coupon.
Winners may not substitute, assign or transfer prize, or redeem prize for cash; Sponsor reserves the right, at its sole discretion, to substitute a prize (or portion thereof) with one of comparable or greater value. Winners are responsible for all applicable federal, state and local taxes, if any, as well as any other costs and expenses associated with prize acceptance and use not explicitly stated herein as being awarded. All prize details are at Sponsor’s sole discretion. Prize awards are subject to verification of eligibility and compliance with these Official Rules.
OWNERSHIP/USE OF ENTRIES: By submitting an Entry, each Entrant agrees that (1) Sponsor shall solely own, and Entrant hereby assigns to Sponsor all rights, title, and interest worldwide, the Entry submitted (including the copyright thereto and all rights embodied therein), and (2) Sponsor and Sponsor’s designees may exploit, edit, modify, reproduce, distribute, publicly perform, publicly display, and create derivative works from the Entry and all elements of such Entry, including, without limitation, the names and likenesses of any persons or locations embodied therein, in any and all media now known or hereafter devised, worldwide, in perpetuity without compensation, permission or notification to Entrant, Entrant’s parent or guardian, or any third party.
GENERAL CONDITIONS: Released Parties are not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, or undelivered Entries or photos; interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, or other errors or difficulties of any kind whether human, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of Entries or photos, the tabulation of votes, the announcement of the prizes or in any Contest-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Persons who tamper with or abuse any aspect of the Contest or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated Entries will be void. Should any portion of the Contest be, in Sponsor’s sole opinion, compromised by non-authorized intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of Entries, Sponsor reserves the right at its sole discretion to terminate the Contest and, if terminated, at its discretion, select the potential winners for the Entry Period(s) at issue from all eligible, non-suspect Entries received for the applicable Entry Period(s) prior to action taken or as otherwise deemed fair and appropriate by Sponsor using the judging criteria specified above.
Each winner grants permission for Sponsor and its designees to use his/her name, address (city and state), Entry, photograph, voice, likeness, prize information, any other aspects of Entrant’s persona, and any other information that may identify Entrant for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH INDIVIDUAL AND RESERVES THE RIGHT TO SEEK ANY AND ALL REMEDIES AVAILABLE FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
Sponsor’s failure to enforce any provision of these Official Rules shall not constitute a waiver of that provision. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision.
ARBITRATION: Except where prohibited by law, as a condition of participating in this Contest, participant agrees that (1) any and all disputes and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the Sponsor; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than participant's actual out-of-pocket expenses (i.e., costs associated with participating in this Contest), and participant further waives all rights to have damages multiplied or increased.
CHOICE OF LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, USA, without reference to its conflicts of laws principles.
WINNERS’ LIST: For a complete winner’s list (available after June 8, 2015) please email firstname.lastname@example.org using subject line “Be the Next KISS Nail Art Superstar Winners List” no later than June 15, 2015.
SPONSOR: Kiss Products, Inc., 57 Seaview Blvd., Port Washington, N.Y. 11050.