colorFX Car Giveaway Official Rules
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT DOES NOT IMPROVE YOUR CHANCES OF WINNING.
BMW and BMW of North America, LLC is not affiliated or sponsor of this Sweepstakes.
By entering this Sweepstakes, entrants accept and agree to be bound by these Official Rules. Any violation of these rules may, at Administrator's and/or Sponsor’s discretion, result in disqualification.
1. ELIGIBILITY: The colorFX by imPRESS Car Sweepstakes (the “Sweepstakes”) is open only to individuals eighteen (18) years of age or older as of the date of entry and who are legal residents of the forty-eight (48) contiguous states of the United States or the District of Columbia and have a valid driver’s license. Employees of Kiss Nail Products, Inc. d/b/a KISS Products, Inc. (the “Sponsor”) and BMW of North America, LLC (“BMW”) , their affiliates, officers, subsidiaries, advertising and promotion agencies, retailers, distributors, dealerships, suppliers, immediate family members, and persons residing in the same household, are not eligible. Individuals who have won a prize in any Sponsor-related promotion in the twelve (12) months prior to the start of the Sweepstakes are not eligible to participate. All federal, state, local and municipal laws and regulations apply. By participating in this Sweepstakes, entrant agrees to be bound by these Official Rules and that the decisions of Sponsor shall be final and binding in all matters pertaining to the Sweepstakes, including, but not limited to, interpretation and application of these Official Rules. This promotion is void where prohibited.
2. PROMOTION PERIOD: Sweepstakes begins 12:00:01 AM EST on April 2, 2024, and ends on 11:59:59 pm EST June 9, 2024 (“Promotion Period”).
3. HOW TO ENTER: During the Promotion Period, visit www.impressbeauty.com/pages/colorfx-car-giveaway and complete and submit your entry form with all required entry information including, but not limited to, answering questions about your manicure routine and opting in to receive marketing communications from Sponsor. You may opt out from receiving marketing communications at any time by clicking unsubscribe in the marketing communication emails. Unsubscribing will not invalidate the sweepstakes entry so long as the opt-out is received after Sponsor’s receipt of the completed Sweepstakes entry form. Submission of the completed official online entry form will result in one (1) base entry (“Base Entry”).
Bonus Entries: Entrants have the opportunity to earn additional bonus entries (“Bonus Entries”) after successfully completing and submitting the official online entry form. To be awarded Bonus Entries, the participant must successfully complete the post-entry actions available on the Sweepstakes thank you page, provided upon the entrant submitting the Base Entry. There are three (3) ways to receive Bonus Entries:
Refer a friend. Entrants will be provided with a unique URL address to share with friends. For each friend that enters the Sweepstakes through the unique URL, the original referrer will receive one (1) Bonus Entry. Maximum of eight (8) Bonus Entries through this feature per entrant.
YouTube: Watch a video on the Sponsor's YouTube channel by clicking the link provided on the entry form and receive one (1) Bonus Entry. Limit of one (1) Bonus Entry through this feature per entrant.
colorFX by impRESS Website: Visit the Sponsor's website by clicking the link provided on the entry form and receive one (1) Bonus Entry. Limit of one (1) Bonus Entry through this feature per entrant.
Limit of one (1) Base Entry per email address. More than one (1) Base Entry from any e-mail address will void all entries from that person (including any Bonus Entries). There is a maximum of ten (10) Bonus Entries per email address. More than ten (10) Bonus Entries from any e-mail address will void all entries from that person (including the Base Entry). For the avoidance of doubt, there is a maximum total of eleven (11) entries per email address allowed. Entrants agree to be bound by and acknowledge compliance with these official rules, including, without limitation, the eligibility requirements. In the event of a dispute as to the identity of an entrant, the authorized account holder of the e-mail account will be deemed to be the entrant. “Authorized account holder” of an e-mail address is the natural person in whose name the e-mail address has been issued. A selected winner may be asked to provide Sponsor with proof that the selected winner is the authorized account holder of the e-mail address associated with the winning entry. If a dispute cannot be resolved, the entry will be deemed ineligible. Use of automated devices is not valid for entry. Entries become the exclusive property of the Sponsor and will not be returned.
4. PRIZE: One (1) Grand Prize: One (1) BMW 2 Series 230i Coupe custom colored to match the colorFX by imPRESS Nails color of the winner’s choice including sales tax, registration, and transfer fees. (Approximate retail value of $ 53,373.12 USD) and a cash payment of Twenty-Five Thousand Dollars ($25,000.00 USD) in the form of a check which is intended to assist with any federal, state, or other tax obligations related to the Vehicle (the “Tax Gross-Up Payment”).
Winner agrees to accept the Prize “as is,” including but not limited to the condition of the car and its features. Prize winner MUST select a colorFX by imPRESS Nails color for the Prize to be custom colored to match, as part of the prize acceptance and Affidavit of Eligibility/Release of Liability or Prize is forfeited in its entirety. Sponsor will make every attempt to match the selected nail color to the best of its ability. Sponsor reserves the right to wrap the vehicle rather than custom paint it to match the selected nail color to the best of its ability, at its sole discretion. Vehicle sales tax, registration and transfer fees are estimated and may vary depending on the municipality/state of the winner. Any difference in value of Prize as stated herein and value at time of winner notification or Prize delivery, if any, will not be awarded. Prize winner must be a licensed driver, and present a current, valid driver’s license and proof of auto insurance before taking possession of the vehicle. The vehicle will be delivered via ground transportation to the winner’s home. Prize winner must take possession of the vehicle within ninety (90) days of winner notification unless such timing is further delayed due to the paint job or wrap being applied or due to delay caused by Sponsor. Failure of winner to take possession of Prize as detailed herein shall be deemed as forfeited the Prize.
SPONSOR IS NOT RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE VEHICLE INCLUDING BUT NOT LIMITED TO ITS QUALITY, FITNESS FOR PURPOSE OR MECHANICAL CONDITION. SPONSOR IS RESPONSIBLE ONLY FOR PRIZE DELIVERY; NOT RESPONSIBLE FOR PRIZE UTILITY, QUALITY OR OTHERWISE. SOME BMW STANDARD VEHICLE WARRANTIES MAY NOT APPLY TO THE PRIZE ONCE CUSTOMIZATION WORK HAS BEEN DONE ON THE PRIZE.
The Tax Gross-Up Payment may not be sufficient to cover the winner’s entire tax liability related to winning the Grand Prize. Prize winner shall assume full liability for any taxes in connection with the Prize. Sweepstakes Administrator and Sponsor will not bear any responsibility whatsoever arising from such tax obligations (other than Sponsor’s responsibility to comply with all reporting obligations and as otherwise expressly set forth herein).
Any expenses or requirements for claiming, taking possession of or using Prize that are not expressly mentioned above, including any taxes, fees, title, license, registration, insurance, and other fees associated with Prize are the winner’s sole responsibility. No substitutions for Prize except by Sponsor or as may be necessary due to unavailability, in which case prize of equal or greater value will be awarded. Prize is not transferable or redeemable for cash. All taxes and other expenses not specified herein are the sole responsibility of the winners.
5. NO PRIZE TRANSFER OR SUBSTITUTION: The prize cannot be exchanged for monetary value. All prize details shall be determined by Sponsor in Sponsor’s sole and absolute discretion.
6. ODDS: Odds of winning are dependent on the total number of eligible Entries received. Only a claimed Prize will be awarded. No more than the advertised number of prizes will be awarded.
7. WINNER SELECTION AND NOTIFICATION One (1) winner will be selected in a random drawing conducted by the Administrator. The Prize winner will be selected on June 10th, 2024, from all eligible entries received by the end of the Promotion Period. The drawing will be conducted by an independent judging organization (“Administrator”), whose decisions are final on all matters relating to the Sweepstakes. The potential Prize winner will be required to complete and return an Affidavit of Eligibility/Release of Liability which must be signed and received by Sponsor or its designated agent within fourteen (14) days of date printed on prize notification, or an alternate winner will be selected in a random drawing from remaining eligible entries. A copy of the potential Prize winner’s valid driver's license must accompany the executed Affidavit of Eligibility/ Release of Liability. Receipt by the winner of the prize offered in this Sweepstakes is also conditioned upon (i) winner’s selection of custom car color (ii) proof of vehicle insurance prior to taking possession of the vehicle and (iii) winner’s compliance with all federal, state, local and municipal laws and regulations. If any prize notification letter or any prize is returned as undeliverable, the prize will be awarded to an alternate winner selected in a random drawing from remaining eligible entries. Sponsor shall not be liable for winner’s failure to receive any prize notification letter or prize for any reason, including, but not limited to, winner’s provision of incorrect or otherwise non-functioning contact information.
8. PRIZE CONDITIONS: Prize will be accepted “as is” without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). No cash or other prize substitution shall be permitted except at Sponsor’s sole discretion. Prize winner agrees to provide Sponsor with a photo of themselves with Prize suitable for Sponsor’s purposes within ten (10) days following delivery of Prize, in conjunction with the Sweepstakes, and, upon Sponsor’s written request, a quote about imPRESS nails. Neither such photo or quote submitted to Sponsor shall infringe upon the rights of any other party. Prize winner hereby grants Sponsor and its assigns the absolute, unrestricted, transferable, sublicensable, royalty-free, irrevocable, perpetual, worldwide right to copy, reproduce, modify, create derivative works from, display, transmit, broadcast, license and otherwise use the Prize winner’s name, image, likeness, and any other material(s) submitted, in any media whether now known or hereafter devised. Sponsor or its designated agent will furnish an Internal Revenue Service Form 1099 to the Prize winner for the actual retail value of the Prize for the tax year in which the Prize was accepted for all prizes valued at Six Hundred Dollars ($600.00 USD) or greater. Prize winner is responsible for all federal, state, and local taxes (including income and withholding taxes) and all other costs associated with Prize acceptance and use not specified herein as being provided. No transfers of Prize, in whole or in part, will be permitted, except at the Sponsor’s sole discretion.
9. GENERAL: This Sweepstakes offer is void where prohibited or restricted by law and is subject to applicable federal, state, local and municipal laws and regulations. Sponsor and judges shall not be responsible for late, lost, stolen, damaged, incorrect, incomplete, illegible, garbled, misaddressed, or misdirected entries, misrouted or scrambled transmissions or communications, or for errors, omissions, interruptions, deletions, defects, or delays in operations or transmission of information, in each case whether arising by way of technical or other failures or malfunctions of telephone, Internet, computer hardware, software, communications devices, or transmission lines, or data corruption, theft, destruction, loss, unauthorized access to or alteration of entry materials, or otherwise. Sponsor disclaims, and entrant releases and holds Sponsor harmless from, any liability for damage to any telephone or computer system resulting from participation in, or accessing or downloading information in connection with, this Sweepstakes, and Sponsor reserves the right, at its sole discretion, to modify, cancel, terminate or suspend this Sweepstakes should any virus, bug, technical failures, unauthorized human intervention or other causes beyond Sponsor’s control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. In the event of any cancellation, termination or suspension, a notice will be posted, and, at Sponsor’s sole discretion, a random drawing will be held from among all eligible entries received prior to such time. Sponsor reserves the right, at its sole discretion, to disqualify any entrant if his or her fraud or misconduct affects the integrity of the Sweepstakes. For the avoidance of doubt, Sponsor's failure or delay to enforce any of these official rules will not constitute a waiver thereof. If any provision of the official rules is or becomes invalid, illegal, or unenforceable, or is held invalid, illegal, or unenforceable by any court of competent jurisdiction, the other provisions shall not be affected thereby and will remain in full force and effect. By participating in this Sweepstakes, each entrant and winner accepts the conditions stated in these official rules, agrees to be bound by the decisions of the judges and warrants that s/he is eligible to participate in this Sweepstakes. By submitting an entry in the Sweepstakes, each entrant acknowledges and agrees that Sponsor shall be permitted to use entry data for marketing purposes consistent with Sponsor’s privacy policies (available at https://www.kissusa.com/privacy) as may be updated from time to time by Sponsor and applicable law. All entrants further agree that in the event of any third-party claims, damages, losses or injuries, arising from or relating to entrant’s participation in this Sweepstakes, the entrant will indemnify, defend, and hold harmless Sponsor and its agencies from any and all such claims, including the attorneys' fees related thereto. Entrants further release and agree to indemnify, defend, and hold harmless Sponsor, its agencies and their respective officers, directors, shareholders, members, employees, representatives and agents from any and all liability, claims, actions, loss, harm, damage, injury, cost or expense whatsoever, including, but not limited to: (a) property damage, personal injury and/or death which may be sustained in connection with this Sweepstakes; (b) the receipt, ownership, use or misuse of any prize awarded; (b) participation in any Sweepstakes-related activity, including, without limitation, travel; (c) any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action; (d) any typographical or other error in these official rules or any other materials disseminated by Sponsor; and (e) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with any equipment, systems, networks, lines, satellites, servers, computers, or providers used by an entrant or Sponsor.
10. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR MANIPULATE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW.
11. DISPUTES, GOVERNING LAW AND VENUE: ENTRANT AGREES THAT: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES OR ANY PRIZE AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, EXCLUSIVELY BEFORE A COURT LOCATED IN NASSAU COUNTY, NEW YORK HAVING JURSIDICTION, AND IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO PRINCIPLES OF CONFLICTS OF LAW; AND (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING THE COSTS ASSOCIATED WITH ENTERING THIS SWEEPSTAKES, IF ANY, BUT IN NO EVENT WILL ENTRANT BE ENTITLED TO RECEIVE ATTORNEYS’ FEES OR BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL JUDGMENTS OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET DAMAGES (EXCLUDING ATTORNEYS’ FEES) ASSOCIATED WITH PARTICIPATION IN THIS PROMOTION AND SHALL NOT INCLUDE ANY INDIRECT, PUNITIVE, INCIDENTAL AND/OR CONSEQUENTIAL DAMAGES.
12. WINNERS LIST: For a copy of the winner’s name (i.e., the winner’s first name and last initial), send a self-addressed, stamped envelope within six (6) months of winner selection, to: KISS Products, Inc., The colorFX by imPRESS Car Sweepstakes, 25 Harbor Park Drive, Port Washington, NY 11050. Requests will be fulfilled/name will be posted, after the winner’s name has been verified. For a copy of the official rules, visit www.impressbeauty.com/pages/colorfx-car-giveaway.
13. Sponsor: The Sponsor of the Sweepstakes is KISS Products, Inc., 25 Harbor Park Drive, Port Washington, NY 11050.
14. BMW: BMW and BMW of North America, LLC is not affiliated or sponsor of the Sweepstakes.
