“Kia All-Star Ride” Contest Official Rules

“Kia All-Star Ride” Contest Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCE OF WINNING.

ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND CONTESTANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.

IN ORDER TO PLAY THE IN-CAR GAME (“GAME”), SELECTED CONTESTANTS MUST FIRST SIGN A PARTICIPATION RELEASE CONSENTING TO HAVE THEIR ENTIRE RIDE IN THE VEHICLE FILMED BY SPONSOR AND SPONSOR SHALL BE PERMITTED TO DISTRIBUTE SUCH RECORDING IN ANY MEDIA AND IN ANY MANNER, IN ITS SOLE DISCRETION. A SIMILAR RELEASE MUST ALSO BE SIGNED BY ANY PERSONS RIDING WITH THE SELECTED CONTESTANT.

DATES OF CONTEST: The “Kia All-Star Ride” Contest (the “Contest”) begins at 12:01 a.m. Central Time (“ET”) on February 16, 2017 and ends at 10:59:59 p.m. CT on February 19, 2017 (the “Contest Period”). Sponsor’s selected clock is the official time clock of this Contest.

ELIGIBILITY: The Contest is open only to permanent legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years of age or older and who, prior to the Contest Period, downloaded the Uber app to their mobile device (the “Contestant”). Officers, directors, managers and employees of Kia Motors America, Inc. (the “Sponsor”), Uber Technologies, Inc., NBA Properties, Inc. (“NBAP”), NBA Media Ventures, LLC (“NBAMV”), the National Basketball Association (“NBA”) and its members teams, NBA TV, LLC (“NBATV”) (NBAMV, NBATV and NBAP collectively referred to as the “NBA Entities”), Havoc Live LLC dba IMG LIVE, DriveShop and each of their respective parent companies, subsidiaries, affiliates, and related companies, dealers, advertising and promotion agencies, consultants and agents, as well the immediate family (i.e., spouse, parents, siblings and children) and household members of each such person, and any others engaged in the development, production, execution or distribution of this Contest, including National Sweepstakes Company, LLC (collectively, referred to herein as “Contest Entities”) are not eligible to participate or win prize(s) in this Contest or a Game (defined below). Contest may not be entered outside the state of Louisiana and is void wherever prohibited by law. By playing, Contestants indicate their full and unconditional agreement to, and acceptance of, these “Official Rules” and the decisions of the Sponsor and host, which are final and binding in all respects. If a selected Contestant does not agree to the rules of the specific Game and these Official Rules or refuses to sign a film release, such selected Contestant will not be permitted to play the Game but they will still receive the free Uber ride (as discussed below).

TO PLAY: During the Contest Period, individuals who wish to receive a free ride in a special Kia Uber vehicle (which is offered on a first-come, first-served, “as available” basis), may open the Uber app on your mobile device and follow the prompts to access the special Kia “partner card” Contest entry form. The entry form will only appear in the Uber app in the special geo-targeted area in New Orleans where the Contest is being offered. Complete the entry form with all required information and thereafter submit the completed entry form. By submitting a completed entry form, you are also simultaneously ordering a ride via Uber. Throughout the Contest Period (depending on the availability of the Kia Uber vehicles), six (6) total Kia Uber vehicles will be available to give free rides around the New Orleans area. Only three (3) of the six (6) Kia Uber vehicles will offer the Game. When a Kia Uber Vehicle is open and available during the Contest Period, individuals who fill out the entry form may be selected by Sponsor based on the timing of your request and a Kia Uber vehicle availability. If your entry is selected, you will be notified by the in-car host prior to the Uber ride. The individual who ordered the Kia Uber vehicle through the Uber app will be deemed the Contestant for purposes of participating in any Game. All other individuals with the Contestant may participate in the Game but will not win any prizes (other than a free Uber ride). Upon arrival of the Kia Uber ride, if your Kia Uber ride offers the Game, the in-car host will provide the Official Rules of the Game and the Participation Release for the selected Contestant and any individual(s) riding with the selected Contestant to sign and return to in-car host prior to playing the Game. The Game the Contestant will play will be determined by the in-car host. The host will start providing questions for the Contestant to answer. Any additional rider(s) may participate and help the Contestant; however, the Contestant will be the only person permitted to answer the question(s) to be awarded a prize (in addition to the free Uber ride), if any. The Contestant must correctly answer a minimum number of questions to win an additional prize for a Game; for the avoidance of doubt, in all cases and regardless of his/her performance in answering the questions, the Contestant will receive a free Uber ride. Minimum number of correct answers will be communicated to the Contestant prior to the Game by the host. If Contestant wins a lower level prize in the Game, he/she will then have the option to keep playing the Game to win a higher level prize (in addition to the free Uber ride). Contestant is limited to win one (1) prize plus the free Uber ride. The host will determine all and any correct answers to the questions and when the Game ends. Limit of one (1) play per Contestant for the Contest Period.  

When playing the Game while the Uber car is in operation, Contestant (and, as applicable, additional rider[s]) must be wearing their seat belt at all times as well as obeying all other rules of conduct (e.g., not smoking and not interfering with driver’s operation of the car). A given person may only be selected once to receive the complimentary Uber ride and have the opportunity to participate in a Game. Odds of a Contestant being selected to receive a free Uber ride and play the Game depend on the availability of the Kia Vehicles participating in the Contest, timing of when an individual requests the Kia Vehicle and the total number of eligible entries received at the time a Kia Vehicle is available. 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, drunk, obscene, immoral or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person.

*The rules for a specific Game are made a part of these Official Rules and incorporated herein by reference. In the event of any inconsistency between the rules for a specific Game and these Official Rules, the rules of a specific Game will prevail, govern and control with regard to Contestant’s participation in that Game but, in all other respects, these Official Rules will prevail, govern and control.

WINNING/PRIZES: Contestant must correctly answer a minimum number of questions to win a prize (in addition to the free Uber ride). Minimum number of correct answers will be clearly communicated to the Contestant prior to the Game by the host. Should Contestant win a lower level prize, he/she will have the option to keep playing the Game to win a higher level prize (in addition to the free Uber ride). Prizes available to be won in a given Game will be determined by the host and will be clearly communicated to the Contestant prior to the Game by the host. Contestant is limited to one (1) prize plus the free Uber ride. The Contestant is the only prize winner of the Game.

PRIZE: The prizes (in addition to the free Uber ride) available to be won in the Contest (which may or may not be available in any given Game) include:

Total ARV of all prizes to potentially be awarded is $22,200. Terms and conditions of use apply to Uber gift card. Uber service is not available in all areas and is subject to additional restrictions available at www.uber.com.

*Subject to any terms and conditions set forth on the gift card and issuer’s standard terms and conditions applicable thereto. Name of prize manufacturer/trademark owner is used solely for the purposes of identification of the prize. No endorsement, authorization, sponsorship, or approval by prize manufacturer is intended or implied by such use.

Lebron James All-Star Jersey is not autographed. Size of jersey is subject to availability.

For all tickets, Sponsor will determine specific ticket type and seat location at its sole discretion. Tickets are subject to terms and conditions of use as indicated thereon as well as venue restrictions. Without limiting the foregoing, winner and/or guest will be ejected from venue with Released Parties having no liability to winner and/or guest should winner/guest be determined by venue personnel to be behaving in an inappropriate, unruly or belligerent manner. Tickets are not for re-sale. Should winner not have a guest accompany him/her to the event/basketball game in question, winner will be issued only one (1) ticket and no alternate prize or compensation will be awarded.

Prize is non-transferable, with no cash redemptions, equivalents or substitutions except at Sponsor’s sole and absolute discretion (and as required by law, for gift card prizes). All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Prize details and availability are subject to change and prize provider’s rules and restrictions, and in the event that Sponsor is unable to provide the winner with his or her prize, the Sponsor may elect to provide winners with the approximate value of such item in cash or award an alternate prize of comparable or greater value. All prize(s) are awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Prize winners will be solely responsible for all federal, state, local, and for any other fees or costs associated with the prize(s) they receive, regardless of whether they, in whole or in part, are used; for ticket prizes, this includes but is not limited to travel costs to the event/basketball game in question. The approximate retail value (“ARV”) of the prize is based on available information provided to Sponsor and the value of any prize(s) awarded to a winner may be reported for tax purposes as required by law. A winner receiving prize(s) having a value of $600 or more will be required to provide Sponsor with a valid social security number before the prize(s) will be awarded for tax reporting purposes. An IRS Form 1099 will be issued in the name of winner(s), or if a minor in the jurisdiction in which s/he resides, in the name of his/her parent or legal guardian, for the actual value of the prize(s) received. Unclaimed prize(s) will be forfeited. Prize(s), if legitimately claimed, will be awarded. The Contest Entities are not responsible for and will not replace any lost, mutilated or stolen prizes or any prize that is undeliverable or does not reach the winner for any reason. If a winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and the Contest Entities will have no further obligation with respect to that prize or portion of the prize. No more than the stated number of prizes will be awarded. Winner will not receive the difference, if any, between the actual value of the prize(s) at the time of award and the stated ARV in these Official Rules or in any Contest-related correspondence or material.

PRIZE CLAIM: A Contestant receiving a prize having a value of $600 or more will need to complete, execute and return an Affidavit of Eligibility, Liability and Publicity Release (the “Release”) and an IRS Form W-9 (the “Required Documents”) at the time of accepting the prize. If the prize winner fails to complete and return the Required Documents he/she forfeits his/her right to the prize without compensation of any kind.

GENERAL CONDITIONS: Should any portion of the Contest be, in Sponsor’s sole discretion, compromised, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Contest and conduct the Contest in a manner which in its sole discretion is fair, appropriate and consistent with these Official Rules. Sponsor reserves the right to disqualify or reject any incomplete, inaccurate or false answer. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. In the event Sponsor is prevented from continuing with the Contest by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Contest by any party, or any federal, state, local or provincial government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence) Sponsor shall have the right to modify, suspend or terminate the Contest or prize. Sponsor additionally reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Contest should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Contest; or (b) to disqualify any Contestant found to be, or suspected of: (i) tampering with the entry process or the operation of the Contest; (ii) acting in violation of these Official Rules; or (iii) acting in an un-sportsmanlike manner. ANY ATTEMPT BY ANY PERSON TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST OR A GAME IS A VIOLATION OF CRIMINAL AND CIVIL LAW, 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. SUCH ACTIONS, INCLUDE, BUT ARE NOT LIMITED TO, ACTING IN AN INAPPROPRIATE, BELLIGERENT OR ANTI-SOCIAL MANNER TOWARD THE CAR HOST AND/OR DRIVER, USE OF A SMART PHONE OR OTHER DEVICE/APPARATUS (I.E., ANY RESOURCE OTHER THAN CONTESTANT HIM/HERSELF AND ADDITIONAL RIDER[S], IF APPLICABLE) TO DETERMINE THE ANSWERS TO QUESTIONS, OR VIOLATING THE INSTRUCTIONS OF THE CAR HOST. SPONSOR’S FAILURE TO ENFORCE ANY TERM OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF THESE PROVISIONS.

RELEASE: By participating in this Contest, Contestants agree to release, discharge, defend, indemnify and hold harmless the Sponsor and other Contest Entities and each of their respective officers, directors, managers, employees, parents, subsidiaries, affiliates, agents, members, shareholders, insurers, independent contractors (including car host and driver), servants, divisions, predecessors, successors, representatives, dealers, distributors, advertising, promotion, and fulfillment agencies, consultants and legal advisors (collectively, the “Released Parties”) from and against any and all claims, liability, costs (including attorneys’ fees), losses, damages, fines or injuries (up to and including bodily injury and death) of any kind arising out of or related to: (i) Contestant’s participation in the Contest (including travel to/from any Contest activity); (ii) any acceptance, possession, misuse or use of any prize (including, without limitation, losses, damages or injuries to Contestant’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 Contest activity and/or prize. Contestant agrees that the Contest Entities may irrevocably use the Contestant’s name, voice, city/state of residence, photos, video or film clips, and/or other visual likeness for advertising and/or trade purposes and/or for any other purpose in any media or format now or hereafter known without further compensation (financial or otherwise), permission or notification and agrees to confirm such grant of rights in writing upon request and without compensation. For the avoidance of doubt, the preceding expressly, includes, but is not limited to, the electronic or other recordation of Contestant’s Game play for possible future commercial/advertising use by Sponsor, and/or Uber Technologies, Inc., and/or the NBA Entities (The Contestant and additional rider[s], if any, are expressly prohibited from recording Game play, however).

Contestants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Contestants acknowledge that Section 1542 provides that: “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.” Contestant acknowledges that the releases herein are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.

LIMITATIONS OF LIABILITY: The Released Parties are not responsible for (a) unauthorized human intervention in any part of the entry process or the Contest; (b) electronic or human error which may occur in the administration of the Contest or any Games; (c) any injury or damage to persons or property, which may be caused, directly or indirectly, in whole or in part, from Contestant’s participation in the Contest or any Game; (d) any printing or typographical errors or other incorrect or inaccurate information in any Contest-related materials; or (e) technical failures of any kind, including, but not limited to, the malfunctioning of any computer, mobile device, cable, network, hardware or software.

DISPUTES: Contestant agrees that: (a) any and all disputes, claims, and causes of action arising out of, or connected with, this Contest (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 New York, New York 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 costs associated with Contestant’s participation in this Contest or otherwise accessing this Contest, and in no event will Contestant be entitled to receive attorneys’ fees or other legal costs; and (c) under no circumstances will you be permitted to obtain awards for, and Contestant hereby waives, 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 Contestant seek or be entitled to rescission, injunctive, or other equitable relief or to enjoin or restrain the operation of this Contest, exploitation of any advertising or other materials issued in connection therewith, or exploitation of this Contest or any content or other material used or displayed on this Contest. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Contestant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York. 

WINNERS’ LIST/ RULES REQUEST: For the name of the prize winners or a copy of these Official Rules, please submit a self-addressed stamped envelope for receipt by March 21, 2017 to “Kia All-Star Ride Contest” (specify either “Winners’ List” or “Rules Request”), PO Box 10505, Rochester, NY 14610.

OFFICIAL RULES: A copy of these Official Rules may be obtained in the vehicle before playing the Game during the Contest Period.

SPONSOR: Kia Motors America, Inc., 111 Peters Canyon Road, Irvine, CA 92606.

MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Rules or the Required Documents will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Required Documents 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. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Contestants 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 Contest-related materials, privacy policy or terms of use on any website, social media platform 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.