NO PURCHASE NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT INCREASE CHANCES OF WINNING.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
- SPONSOR: Kia Motors America, Inc., 111 Peters Canyon Road, Irvine, CA 92606 (“Sponsor”).
- ADMINISTRATOR: One Line Sports Agency, Inc., 29 Chelsea Drive, Syosset, NY 11791 (“Administrator”).
- ELIGIBILITY: The 2018 Kia Family Flyaway Sweepstakes (the “Sweepstakes”) is open only to individuals who are legal U.S. residents who reside permanently in the state of Minnesota, who have a valid Minnesota driver’s license and who are 18 years of age or older as of August 23, 2018. Void where prohibited by law. Employees, officers and directors of Sponsor, Administrator and each of their respective parent companies, affiliates, subsidiaries, divisions, and advertising and promotional agencies and their respective officers, directors and agents (collectively, the “Sweepstakes Entities”) and the immediate family members and persons living in the same household (whether legally related or not) of each are not eligible to enter or participate in the Sweepstakes. For purposes of this Sweepstakes, immediate family members are defined as spouse, partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren and those living in the same household shall mean people who share the same residence at least three (3) months a year, whether legally related or not.
- HOW TO ENTER: This Sweepstakes begins at 9:00 a.m. central time (“CT”) on August 23, 2018, and ends at 9:00 p.m. CT on September 3, 2018 (“Entry Period”).
- POTENTIAL WINNER SELECTION AND NOTIFICATION: One (1) potential winner will be chosen in a random drawing on or about September 7, 2018 from among all eligible entries received by an independent judging organization whose decision with respect to the selection of the winner and the interpretation of these rules and regulations will be final. Potential winner will be notified by telephone or email (method to be selected by Sponsor in its sole discretion) in a commercially reasonable time after the drawing. Potential winner will be required to sign and return an Affidavit of Eligibility, Release and Indemnification and a Publicity Release (where allowed by law) within five (5) business days of notification. If potential winner does not reply to such notification within five (5) business days, an email notification is not acknowledged after up to three (3) attempts and/or the Affidavit of Eligibility, Release and Indemnification and Publicity Release is not returned to Sponsor within specified time period, potential winner will be disqualified and an alternate potential winner will be selected.
- PRIZES AND ODDS OF WINNING: One (1) “Grand Prize” will be awarded. Grand-Prize winner will receive a trip for Grand Prize winner and three (3) guests to Orlando, Florida to include: (i) roundtrip economy-class airfare from a major commercial airport nearest to the winner’s residence to Orlando International Airport, (ii) three (3) nights quad occupancy (one (1) standard room) hotel accommodations at an Orlando hotel (from a list provided by the Sponsor), (iii) four (4) general admission park passes to an amusement park of choice (from a list provided by the Sponsor), (iv) a rental car for duration of stay; and (v) a commemorative gift bag. Grand-Prize winner and guests must travel together on the same itinerary. Grand-Prize winner is solely responsible for all other expenses not specified herein, including, but not limited to, hotel taxes, travel insurance, room service, bag check fees, parking fees, laundry service, alcoholic beverages, merchandise, souvenirs, telephone calls, and service charges, meals, gas, tolls, gratuities and other hotel incidentals. Trip must be taken by August 23, 2019 or Grand Prize winner will forfeit the Grand Prize. Accommodation restrictions and blackout dates may apply (i.e., holiday weekends, etc.). All travel dates and arrangements are subject to change, per availability and Sponsor’s approval. Once travel is booked, no changes or cancellations will be accepted and no extensions or exceptions apply. Grand Prize winner and guests will be required to have, and are solely responsible for obtaining any necessary and required travel documents. The Grand Prize winner and his or her travel companion must travel together on the same itinerary. Grand Prize winner and guests must present valid identification prior to ticketing. Airline carrier’s regulations apply. Airline tickets are non-refundable/non-transferable. Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. Sponsor reserves the right to structure travel route and select hotels in their sole and absolute discretion. The Grand Prize is subject to seat and hotel availability, as well as Sponsor’s terms and conditions generally applicable thereto. If in the judgment of Sponsor air travel is not required due to winner’s proximity to Grand Prize location, ground transportation will be substituted for roundtrip air travel at Sponsor’s sole and absolute discretion. The difference in value will not be awarded to the Grand Prize winner. Sweepstakes Entities shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any Grand Prize-related services or accommodations. The Sweepstakes Entities are not liable for any missed prize events, opportunities or expenses incurred as a consequence of flight cancellation/delay or ground transportation delay. No refund or compensation will be made in the event of the cancellation or delay of any transportation or other prize element except at the sole and absolute discretion of Sponsor. Additional prize award details and travel information to be provided to the Grand Prize winner at the time of Grand Prize notification. Grand Prize winner and companions are responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. The Grand Prize winner may be required to provide a credit card at the time of hotel check-in. Travel companion must execute liability/publicity releases prior to issuance of travel documents. Once a travel companion is selected, he/she may not be substituted, except in Sponsor’s sole and absolute discretion. Travel is subject to the terms and conditions set forth in this Sweepstakes, and those set forth by Sponsor’s transportation carrier(s) of choice. Lost, stolen or damaged airline tickets, travel vouchers or certificates will not be replaced or exchanged. Transportation carrier and hotel regulations and conditions apply. Travel and lodging are subject to availability, and any changes made to either of these will be at the expense of the Trip Prize winner. Other restrictions may apply. Approximate Retail Value (“ARV”) of Grand Prize is $4,950, but actual final value of trip may vary based on point of departure, travel dates and ticket availability/fare/rate fluctuations at time of purchase. If the actual value of the prize is less than the stated ARV, the difference will not be awarded. No other substitution or cash equivalent of prizes is permitted except at Sponsor's sole discretion. All prize details are at Administrator’s sole discretion. Any person winning over $600.00 in prizes will receive an IRS Form 1099 from Sponsor or Administrator for the calendar year in which the prize is awarded. Odds of winning depend on the number of eligible entries received. The Grand-Prize winner must provide Sponsor with a valid taxpayer identification number or social security number before the Grand Prize will be awarded for tax reporting purposes.
- GENERAL CONDITIONS: By participating in this Sweepstakes, entrants agree: (a) to be bound by these Official Rules, the decisions of the judges, and the Sponsor’s Privacy Policy, available at (http://www.kia.com/us/en/content/privacy-and-legal/privacy-policy), (b) to release, indemnify, defend and hold harmless Sponsor and the Sweepstakes Entities and their respective directors, officers, employees, agents, successors and assigns (collectively, “Released Parties”) from and against any and all claims, demands, damages, losses, fines, liabilities, costs (including attorneys’ fees), injuries (up to and including bodily injury and death) or expenses caused by, arising out of, or related to: (i) entrants’ participation in the Sweepstakes (including travel to/from any Sweepstakes activity); (ii) any acceptance, possession, misuse or use of any prize (including, without limitation, losses, damages or injuries to entrant’s or any other person’s equipment or other property, or to their persons, including those arising from any travel to/from any prize event or activity); (iii) the Released Parties’ violation of rights of publicity or privacy, claims of defamation or portrayal in a false light or based on any claim of infringement of intellectual property; and (iv) any typographical, human or other error in the printing, offering, selection, operation or announcement of any Sweepstakes activity and/or prize; and (c) to be contacted by Sponsor via e-mail and telephone. Subject to applicable law, winner irrevocably grants the Sweepstakes Entities, and each of their licensees, and its and their successors, assigns and sub-licensees, the right and permission to use his/her name, voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Sweepstakes, in all forms of media and by all manners (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice or consideration except for the awarding of the prize to the winner. Sponsor reserves the right to make changes or additions to these Official Rules and/or extend the dates of this Sweepstakes for any reason at any time. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. 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 to comply with applicable laws, regulations and rules. Any information entrant provides to Sponsor may be used to communicate with entrant in relation to this Sweepstakes or on a Sweepstakes winner’s list.
- TECHNOLOGY: If for any reason the Sweepstakes is not capable of running as planned, including infection due to computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure, human error or any other causes beyond the control of Sponsor that corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, Sponsor reserves the right to disqualify any individual it finds who tampers with the entry process, operation of the Sweepstakes or web site, and to cancel, terminate, modify, or suspend the Sweepstakes without notice and to select the winner from all eligible entries received prior to the cancellation or termination. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, problems or technical malfunctions of any computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of human error, technical problems or traffic congestion on the Internet or at any Web site, theft or destruction, or unauthorized access to, or tampering with or hacking of website, any combination thereof, or otherwise, including any injury or damage to any entrant's or any other person's computer related to or resulting from participation in the Sweepstakes. The Sweepstakes Entities are not responsible for the actions of entrants in connection with the Sweepstakes, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. Persons found tampering with or abusing any aspect of this Sweepstakes, or whom Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified. Additionally, any attempt to cheat the Sweepstakes, as determined at the sole and absolute discretion of Sponsor, may result in immediate disqualification of the entrant, as well as other possible consequences, including disqualification from any and all existing and future sweepstakes. Sponsor reserves the right, at its sole and absolute discretion, to disqualify (or terminate the prize of) any individual who is found to be, or suspected of, acting in violation of these Official Rules, or to be acting in an unsportsmanlike, obscene, immoral or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person.
- CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO ALTER OR DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
- DISPUTES AND LIMITATION OF LIABILITY: As a condition of entering, entrant agree that: (a) any and all disputes, claims, and causes of action arising out of, or connected with, this Sweepstakes (including, without limitation, any alleged violation of these Official Rules, any controversy relating to the arbitrability of any dispute, or any claim that these Official Rules (or any part thereof) are invalid, illegal, or otherwise voidable (or void) shall be resolved individually, without resort to any form of class action, and exclusively by arbitration to be held solely in Orange County, California under the auspices of the American Arbitration Association and pursuant to its Commercial Dispute Resolution Rules and Procedures; (b) any and all claims, judgments, liabilities, and/or awards shall be limited to actual out-of-pocket costs incurred, including any alleged costs associated with entrant’s participation in this Sweepstakes or otherwise accessing this Sweepstakes, and in no event will entrants be entitled to receive attorneys’ fees or other legal costs; and (c) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waive, all rights to claim, punitive, special, incidental, and/or consequential damages and any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. This arbitration provision shall be deemed to be self-executing, and in the event that either party fails to appear at any properly noticed arbitration proceeding, an award may be entered against such party notwithstanding said failure to appear. In no event shall entrant seek or be entitled to rescission, injunctive, or other equitable relief or to enjoin or restrain the operation of this Sweepstakes, exploitation of any advertising or other materials issued in connection therewith, or exploitation of this Sweepstakes or any content or other material used or displayed on this Sweepstakes. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
- WINNER’S LIST: For the name of the Grand-Prize winner, send a self-addressed stamped envelope to: “Kia Family Flyaway” Sweepstakes Winner’s List, c/o One Line Agency, P.O. Box 4317, Huntington, NY 11743-4317, to be received no later than January 1, 2019..
- MISCELLANEOUS: 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 the 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 or illegal provision were not contained herein. The Sweepstakes Entities’ 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 the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, privacy policy or terms of use on any website or application and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion. As a condition of entering the Sweepstakes, 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 to comply with applicable laws, regulations and rules. Any information entrant provides to Sponsor may be used to communicate with entrant in relation to this Sweepstakes or on a Sweepstakes winner’s list.
There are two (2) ways to enter:/p>
(i) To enter in-person and receive one (1) entry, (i) visit the Kia exhibit at the Minnesota State Fair, located at 1265 Snelling Ave. N., St. Paul, MN 55108, during the Kia exhibit’s daily operating hours during the Entry Period; (ii) obtain an electronic tablet device from a Kia ambassador; (iii) follow the directions on the provided electronic tablet device to complete and submit an entry form. Tablet device entries must be received prior to the close of the Kia exhibit’s operating hours to be eligible. The electronic tablet device will be available on a first come, first serve basis and Sponsor does not guarantee the availability of the electronic tablet device or the opportunity to enter.
(ii) To enter by mail, hand-print your full name, complete mailing address, email address, day and evening telephone numbers (including area code) and date of birth on a 3” x 5” card and mail it in an envelope with proper postage affixed to: “Kia Family Flyaway Sweepstakes”, c/o One Line Agency, P.O. Box 4317, Huntington, NY 11743-4317. Mail-in entries must be postmarked by September 3, 2018 and received by September 6, 2018 to be eligible.
Limit one (1) entry per person for the Entry Period, regardless of method of entry. Entries received from any person in excess of the stated limitation will be void. Subsequent attempts made by the same individual to submit multiple entries by using multiple or false contact information, accounts or otherwise may result in the entrant being disqualified. Entries by any means which subvert the entry process will be void. Entrants must complete all required information on the entry form to be eligible. All entries become the property of the Sponsor and will not be returned. Entrant must include all required information on his/her entry to be eligible. All mail-in entries must be legibly hand-printed. No mechanically reproduced or facsimile entries or entries by any means which subvert the entry process are permitted and all such entries will be void.
By entering, entrants agree to comply with these Official Rules including all eligibility requirements. 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 Sweepstakes Entities are not responsible for lost, late, or misdirected entries, for technical, hardware or software failures of any kind, for lost or unavailable network connections, or for failed, incomplete, garbled or delayed computer transmissions or any human error which may occur in the receipt or processing of the entries. Sponsor reserves the right to modify the scheduling of the Sweepstakes without prior notification. Use of computer programs, macro, programmed, robotic, automatic and other similar means to enter the Sweepstakes is prohibited and may result in the disqualification of the entrant. All entries become the sole property of the Sponsor and will not be acknowledged or 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. The Sweepstakes Entities are not responsible for notifications that are misdirected because of email addresses that are no longer correct, or for any other reason beyond the control of the Sponsor. Return of any prize notification as “undeliverable” will result in disqualification. If for any reason any prize is not claimed or a potential winner is disqualified, the prize will be forfeited and an alternate potential winner will be selected from among all eligible entries received during the Entry Period. The Sweepstakes Entities are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s email account to receive email messages.