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#KISSCON Official Rules

KISS USA x KCON 2017 LA TICKET SWEEPSTAKES

 

FOLLOW KISS USA’S SOCIAL MEDIA ACCOUNTS AND COMMENT ON WHY YOU

DESERVE TO WIN KCON CONCERT TICKETS USING HASHTAG #KISSCON

FOR A CHANCE TO WIN A KCON 2017 LA CONCERT TICKET

 

OFFICIAL RULES

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THE SWEEPSTAKES. A PURCHASE WILL NOT INCREASE ENTRANT’S CHANCES OF WINNING.  ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED.  VOID WHERE PROHIBITED BY LAW.

 

 

  1. SWEEPSTAKES DESCRIPTION & ELIGIBILITY: KISS USA x KCON 2017 LA Ticket Sweepstakes (the “Sweepstakes”), sponsored by Kiss Nail Products, Inc. and CJ E&M America, Inc. (collectively, the “Sponsor”), shall begin at 7:00 p.m. PDT on August 7, 2017 and end at 6:00 p.m. PDT on August 9, 2017 (the “Promotion Period”). The Sweepstakes is open only to legal residents of the contiguous United States and the District of Columbia (excluding residents of Rhode Island and Maine) (the “Eligibility Area”) and who comply with these Official Rules in all respects.  Participation in the Sweepstakes is limited to individuals eighteen (18) years or older (19 years or older in AL and NE, 21 years or older in MS).  Employees, officers, and directors of Sponsor or Sponsor’s parents, subsidiaries, and affiliates, and the immediate family members of such individuals (spouse, parents, siblings, children, legal guardians, in-laws, grandparents, and grandchildren) and members of the same households (whether legally related or not) of such individuals, are not eligible to enter or win.

 

By entering the Sweepstakes, you (an “Entrant” or “you”) accept and agree to be bound by these Official Rules and the decisions of Sponsor, including the interpretation of these Official Rules, which shall be final and binding in all respects.

 

To be eligible to enter and win the Sweepstakes, Entrant must be able to attend KCON 2017 LA in Los Angeles, California (the “Event”).  An Entrant who is unable to attend the Event is not eligible to enter or win the Sweepstakes, and Sponsor reserves the right to select an alternate winner.

 

These Official Rules include limitations of your rights and remedies.  The Sweepstakes is void outside the Eligibility Area and wherever prohibited by law or where the registration or filing requirements of any state or local jurisdiction have not been complied with.

 

  1. HOW TO ENTER: You may enter this Sweepstakes one of two ways:

 

  • Online Entry:
    • Have an internet connection.
    • If Entrant does not already have a Facebook or Instagram account, Entrant must register. These social media accounts are free to sign up.
      • The Sweepstakes is in no way sponsored, endorsed, administered by, or associated with Facebook or Instagram. Facebook and Instagram are registered trademarks, which are herein used for purposes of description only.  Such use is not intended to suggest or imply the sponsorship, endorsement, or the approval of this Sweepstakes by the owners of said trademarks.
    • Follow and/or Like Sponsor’s official social media accounts.
    • Use hashtag #KISSCON on the latest KISS Instagram post and comment on why you deserve to win a KCON 2017 LA concert ticket!

 

This call-to-action is subject to change at Sponsor’s sole discretion.

 

  • Mail-In Entry: Legibly print your full name, postal address, valid e-mail address, phone number, and date of birth on a piece of paper or a 3” x 5” index card, write down your favorite KISS product and who your favorite KCON 2017 artist is, and mail it in to CJ E&M America, Inc., Attention: KISS USA x KCON 2017 LA Sweepstakes, 3530 Wilshire Blvd., Suite 1220, Los Angeles, CA 90010. To be eligible for the Sweepstakes, mail-in entries must be postmarked by August 9, 2017, and received by Sponsor no later than August 11, 2017.

 

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES, AND PURCHASE DOES NOT IMPROVE ODDS OF WINNING.

 

Sponsor’s database clock will be the official timekeeper for this Sweepstakes.  ENTRIES ARE LIMITED TO ONE (1) ENTRY PER PERSON.  Subsequent attempts made by the same individual to submit multiple entries by using multiple social media accounts, e-mail addresses, or otherwise, may be disqualified.  Entries are void if they contain typographical, printing or other errors.  No entries from automatically generated e-mail addresses shall be accepted.  Use of any automated system, such as script, macro, or other automated means, to participate or generate entries (or otherwise assist in participation) is strictly prohibited and will result in disqualification.  Entries that are mutilated, altered, lost, late, inaccurate, incomplete, tampered with, unintelligible, illegible, forged, or otherwise not in compliance with these Official Rules will also result in disqualification.  Any false or deceptive entries or acts will render all entries by an Entrant ineligible.  The envelope containing a mail-in entry must not include entries for other persons (i.e., no bulk submissions).

 

As a condition of entering the Sweepstakes, each Entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Sweepstakes and complying with applicable laws, regulations and rules.  In the event of a dispute over the identity of an Entrant, entry will be deemed submitted by the authorized account holder of the social media account or e-mail address, which the Entrant will have the obligation to establish/verify.  The “authorized account holder” is defined as the person assigned to a social media account by a social media platform or an e-mail address by an Internet access provider, online service provider and/or other organization responsible for assigning e-mail addresses.  All materials submitted become the exclusive property of Sponsor and will not be returned.  In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible.  Illegible and/or incomplete entries and entries submitted by Entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void.

 

The Sponsor and any and all Internet server(s) and access provider(s), and each of their respective affiliates, subsidiaries, parent corporations, retailers and advertising and promotion agencies, and all of their officers, directors, shareholders, employees and agents are not responsible for: any incorrect or inaccurate entry information; human errors; technical malfunctions; failures, omissions, interruptions, deletions or defects of any telephone or mobile network, computer and mobile online systems, equipment, servers, providers, or software, including without limitation any injury or damage to participant’s or any other person’s computer or mobile devices relating to or resulting from participation in the Sweepstakes; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer, mobile device, or electronic malfunction or traffic congestion on telephone lines or the Internet or any website or for any other reason whatsoever; typographical, printing or other errors; any entries which are late, lost, incomplete, misdirected, stolen, mutilated, illegible, or postage due, or any combination thereof.

 

  1. WINNER SELECTION: Five (5) winners will be randomly selected from the pool of eligible Entrants by following the instructions per Paragraph 2 (each a “Winner,” and collectively the “Winners”). The Winners of the Sweepstakes will be selected at random from among all eligible entries from the list of Entrants, and the Winner will receive the Prizes described below, subject to eligibility verification by Sponsor.  The drawing date for the Sweepstakes is on August 11, 2017.  The Winners will be announced on August 11, 2017, at or about 6:00 p.m. PDT on KCON’s official Facebook page: https://www.facebook.com/kconusa/. The potential Winners will be contacted, within twenty-four (24) hours of the announcement, via social media direct message or by the e-mail addresses provided at the time of concert ticket purchase or with the mail-in entry.  It is Entrant’s responsibility to timely check Entrant’s inbox or e-mail for the winner announcement.  Sponsor is not responsible for any failure of delivery of notice if Entrant provides an incorrect e-mail address.

 

  1. PRIZES: Five (5) random Winners will receive a package consisting of: (i) one (1) Kiss Lashes, (ii) one (1) Kiss Nails, and (iii) two (2) KCON 2017 Los Angeles P4 concert tickets (the “Prize(s)”). Approximate Retail Value (ARV): $1,159.90 total (Kiss Lashes: $3.99 each; Kiss Nails: $7.99 each; KCON 2017 LA P4 concert ticket: $110 per ticket).  The ARV of the Prizes is based on information available to Sponsor as of August 7, 2017.

 

All transportation and travel costs to the Event are the sole responsibility of the Winner.  Sponsor shall not be responsible or liable for any additional costs, such as meals, incurred by the Winner.  Prize details not specified herein will be determined by Sponsor in Sponsor’s sole discretion.  Sponsor is not responsible for, and the Winners will not receive, the difference (if any) between the actual value of the Prize at the time of award and the stated ARV in these Official Rules.     The Prize has no monetary value and is not transferable, assignable, or redeemable for cash.  Except as otherwise specified herein, no substitution for a Prize by the Winners will be allowed.  Prize may not be sold, bartered, or exchanged by the Winners.

 

Upon Sponsor’s request, the Winner shall provide tax information, such as a valid social security number, before a Prize is released, regardless of whether the Prize, in whole or in part, is used.  An IRS Form 1099 (Miscellaneous Income) may be issued in the name of the Winner, for the actual value of the Prize received.  Entrants waive the right to assert as a cost of winning any Prize any and all costs of verification and redemption or travel to claim a Prize and any liability or publicity that might arise from claiming or seeking to claim a Prize.

 

  1. WINNER NOTIFICATION; PRIZE CLAIM: The Winners will be announced on KCON’s official Facebook page (https://www.facebook.com/kconusa/), and the Winners will be notified by social media direct message, or via the e-mail address provided by Entrant, on or about August 11, 2017. After notification of winning, the potential Winner shall be required to complete, sign, and return a Prize Winner Affidavit and Release of Liability, a completed IRS W-9 form, and, except where prohibited, a Publicity Release Form within twenty-four (24) hours of issuance.  All documents required as set forth above may be referred to herein as “Required Documents.”  The Required Documents may request information of the Winners, including full name, home phone number, e-mail address, and date of birth.

 

Awarding of the Prize is subject to the Winner’s acceptance of, and compliance with, these Official Rules.  Non-compliance may result in disqualification and award of the Prize to an alternate Winner.  If any potential Winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the Prize for any reason prior to award, such potential Winner may be disqualified and an alternate potential Winner may be selected.  If requested by Sponsor, Entrant must show photo identification for Sponsor to verify that the eligibility requirements are met.  If any Prize notification or Prize is returned for any reason, or if Winner is disqualified for any reason, Sponsor may decide, in its sole discretion, to award such applicable Prize to an alternate eligible Entrant or, if time does not permit (in Sponsor’s opinion), to not award such Prize.

 

  1. ODDS: Odds of winning the Prize depend upon the total number of eligible entries received and the timing of the entries submitted.

 

  1. DISQUALIFICATION: Sponsor may disqualify an Entrant (and cause the Prize that has been awarded (if any) to be forfeited) due to any of the following: (a) the Entrant fails to comply with any of the terms, conditions, restrictions, or limitations of these Official Rules (as determined by Sponsor in Sponsor’s sole discretion); (b) the Entrant fails to respond to the winner notification or any other notice within twenty-four (24) hours after its transmission; (c) the Entrant fails to complete, sign, and return the Required Documents within twenty-four (24) hours after its receipt; (d) the inability of Sponsor to contact a potential Winner or the return of any winner notification, notice, or Prize as undeliverable; or (e) an Entrant’s failure to maintain his/her behavior in accordance with all applicable laws and generally-accepted social practices in connection with participation in any Sweepstakes-related or Prize-related activity, including, without limitation, if the Entrant (i) is uncooperative or disruptive; (ii) annoys, threatens, or harasses any other person; (iii) uses profanity; (iv) demonstrates any lewd, sexually suggestive, or otherwise obscene gestures; (v) attempts or does cause serious harm or damage to person, property, or the reputation of Sponsor or any other Entrant; or (vi) performs an act defined by federal, state, or local statute or ordinance as constituting a criminal act.

 

Further, if for any reason this Sweepstakes or part thereof is not capable of running as planned, or if this Sweepstakes or any website, page, app or e-mail address associated therewith (or any portion thereof), including but not limited to the Sponsor’s website, Facebook or Instagram becomes corrupted or does not allow the proper fair play of the Sweepstakes in accordance with these Official Rules, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by Entrants (or others), fraud, technical failures, or any other causes, in the Sponsor’s sole opinion, corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, the Sponsor reserves the right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, modify, or suspend this Sweepstakes or any portion thereof.  In the event this Sweepstakes is cancelled, the Sponsor may choose to, but is not obligated to, award the Prizes to Entrants from among all eligible, non-suspect entries received prior to the time of the action or event warranting such cancellation.  If such cancellation, termination, modification, or suspension occurs, notification will be posted at http://www.kconusa.com.  ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE, PAGE OR E-MAIL ADDRESS (INCLUDING THE WEBSITE) OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

 

  1. DISCLAIMERS: Sponsor shall not be liable to the Winner or any other person for failure to supply a Prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, disease, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond the Sponsor’s sole control. Sponsor is not responsible for any typographical or other printing errors in the offer or administration of the Sweepstakes.  Prize is awarded “as is, where is,” without warranty of any kind, express or implied, including without limitation any warranty of merchantability or suitability for a particular purpose.

 

  1. GOVERNING LAW; DISPUTE RESOLUTION: The laws of the State of California apply to and govern the Sweepstakes, as well as any disputes or claims arising from or in connection with the Sweepstakes. The parties agree that any and all disputes or controversies of any nature between them arising at any time shall be determined by confidential, final and binding arbitration, in accordance with the arbitration rules of JAMS to be held in Los Angeles County, California, before a single neutral arbitrator.  The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by JAMS, with JAMS rules applied to break any deadlock in selecting an arbitrator.

 

  1. PUBLICITY AUTHORIZATION: By participating in the Sweepstakes, Entrant hereby authorizes and grants the right to Sponsor and Sponsor’s parents, subsidiaries, and affiliates, and its and their employees, officers, and directors, and those acting pursuant to their authority, (collectively, the “Promotion Parties”) the right to print, publish, broadcast, depict, reproduce, and use the Entrant’s name, portrait, picture, likeness, voice, statements attributable to him/her, city and state of residence, and other biographical information and the Entrant’s Sweepstakes entry for advertising and promotional purposes throughout the world in any and all media now known or existing at any time in the future, without further approval, notification, or compensation. Entrants acknowledge and agree that this authorization is intended to satisfy all consent requirements of California Civil Code sections 3344 and 3344.1, and Entrants hereby waive and release any and all claims that Entrants may have or hereafter have against the Promotion Parties under such statutes or any other statutes or common law principles of similar effect.

 

  1. LIMITATION OF LIABILITY; RELEASE; INDEMNIFICATION: ENTRANTS WAIVE THE RIGHT TO CLAIM ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, PUNITIVE, CONSEQUENTIAL, DIRECT, OR INDIRECT DAMAGES, AGAINST THE PROMOTION PARTIES, FACEBOOK, AND INSTAGRAM, RESULTING FROM, ARISING FROM, OR IN CONNECTION WITH PARTICIPATING IN THE SWEEPSTAKES OR ANY PRIZE ACTIVITY.

 

By participating in the Sweepstakes, Entrants hereby agree to defend, hold harmless, and indemnify the Promotion Parties, Facebook, and Instagram from and against any and all claims, demands, actions, suits, losses, expenses (including, without limitation, reasonable attorney fees and expenses), costs and liabilities of any nature whatsoever that arise or result from Entrants’ action, inaction, negligence, or other fault in connection with participating in the Sweepstakes.  Without limiting the foregoing, by participating in and entering the Sweepstakes, (a) Entrants agree that the Promotion Parties, Facebook, and Instagram shall not be liable for personal injuries, death, damages, expenses or costs or losses of any kind resulting from participation or inability to participate in the Sweepstakes or parts thereof or acceptance of, use of or inability to use the Prize or parts thereof including, without limitation, claims, suits, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light (whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory and (b) Winner hereby releases the Promotion Parties, Facebook, and Instagram from any and all liability and responsibility with respect to the Prize (including any property loss, damage, personal injury or death).

 

  1. WAIVER OF CALIFORNIA CIVIL CODE SECTION 1542: Entrants acknowledge that they have read and understood the provisions of California Civil Code Section 1542, which provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” Being aware of such statutory right, by participating in the Sweepstakes, Entrants expressly waive any rights under California Civil Code Section 1542 as well as any other statutes or common law principles of similar effect.

 

  1. TAXES; OTHER EXPENSES: Any applicable taxes (federal, state, and local), fees, or other costs and expenses associated with the Prize not specified herein as being provided are the Winner’s sole responsibility. Sponsor reserves the right to withhold and deduct such taxes and charges from the prize if and to the extent required by law.

 

  1. PRIVACY INFORMATION: You understand that any personally identifiable information you provide in connection with the Sweepstakes is provided to Sponsor. Any information collected shall be used only in a manner consistent with these Official Rules and with Sponsor’s privacy policy, which can be found at: kconusa.com/privacy-policy.

 

  1. GENERAL: All federal, state, provincial and local laws and regulations apply. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision.  In the event that any provision of these Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid, unenforceable, or illegal provisions were not contained herein.  Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision.  Entrants agree to waive any rights to claim ambiguity of these Official Rules.  Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of any provision.  In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials and these Official Rules, these Official Rules shall prevail, govern, and control, and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.  Sponsor reserves the right to amend or revise these Official Rules at any time.  Notice of any such change will be posted on Sponsor’s web site at: kconusa.com.

 

  1. WINNER’S LIST: Please visit kconusa.com for the official listing of the Winner and a copy of these Official Rules. The list shall be available after August 14, 2017.

 

  1. COPY OF THE RULES: To obtain a copy of the Official Rules, please send a separate, self-addressed stamped envelope to KISS USA x KCON 2017 Ticket Sweepstakes, CJ E&M America, Inc., Attention: KCON Marketing, 3530 Wilshire Blvd., Suite 1220, Los Angeles, CA 90010.

 

  1. NO IMPLIED ENDORSEMENT: This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram. The names of individuals, groups, companies, products and services mentioned herein, and any corresponding likenesses, logos and images thereof reproduced herein, have been used for identification purposes only and may be the copyrighted properties and trademarks of their respective owners. The mention of any individual, group or company does not imply any association with or endorsement by such individual, group or company or the manufacturer or distributor of such product or service and, except as otherwise indicated, no association or endorsement is intended or should be inferred.

 

SPONSOR: Kiss Nail Products, Inc.; CJ E&M America, Inc.

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