2012-13 Kia Motors Predict and Win Sweepstakes
(1) No purchase necessary to enter or win. A purchase will not increase your chances of winning. The odds of winning are dependent upon the accuracy of predictions and the eligible number of entrants. Void where prohibited by law. Prize acceptance agreement may be required. Online entry only and Internet connection required.
(2) The 2012-13 Kia Motors Predict and Win Sweepstakes (the “Sweepstakes”) is open only to legal residents of the state of Ohio who reside within a 75 mile radius of Quicken Loans Arena and who are 18 years of age or older as of their date of entry. Employees and immediate family members (spouse, parents, legal guardians, in-laws, siblings, grandparents, grandchildren and children) and/or those living in the same household (whether legally related or not) of Kia Motors America, Inc. (the “Sponsor”), Cavaliers Operating Company, LLC (the “Cleveland Cavaliers” or “Cavaliers”), Quicken Loans Arena, and the National Basketball Association and its Member Teams, NBA Properties, Inc., (all together herein after the “NBA Entities”) and each of their respective parents, subsidiaries, affiliates, directors, owners, employees, dealerships, advertising and promotion agencies and agents and all others associated with the manufacture, distribution, development and execution of this Sweepstakes and its prizes (collectively, the “Released Parties”) are not eligible to enter or win.
To enter the Sweepstakes, log onto www.cavs.com/contests, click through to the Sweepstakes page, and fill out an official entry form and make predictions based on an upcoming Cavaliers road game. Contestant will be required to make predictions in the following four (4) categories: 1. the Cavaliers final score; 2. the opponent’s final score; 3. which Cavaliers player will have the most rebounds in that particular game; and 4. the score differential of the game. Contestant will get one point for every correct prediction for that particular game for a maximum of 4 points. The Sweepstakes will be conducted for the following Cavaliers road games: Tuesday, November 13 at Brooklyn Nets; Monday, November 26 at Memphis Grizzlies; Friday, November 30 at Atlanta Hawks; Monday, December 3 at Detroit Pistons; Wednesday, December 12 at Indiana Pacers; Wednesday, December 19 at Boston Celtics; Wednesday, December 26 at Washington Wizards; Friday, January 4 at Charlotte Bobcats; Wednesday, January 16 at Portland Trail Blazers; Friday, February 1 at Detroit Pistons; Tuesday, February 26 at Chicago Bulls; Monday, April 1 at Atlanta Hawks. Registrations for the November 13, 2012 game will begin on November 8, 2012 at 9:00 am EST and be available until November 13, 2012 at 7:30 pm EST. Registrations for the November 26, 2012 game will begin on November 14, 2012 at 9:00 am EST and be available until November 26, 2012 at 8:00 pm EST. Registrations for the November 30, 2012 game will begin on November 27, 2012 at 9:00 am EST and be available until November 30, 2012 at 7:30 pm EST. Registrations for the December 3, 2012 game will begin on December 1, 2012 at 9:00 am EST and be available until December 3, 2012 at 7:30 pm EST. Registrations for the December 12, 2012 game will begin on December 4, 2012 at 9:00 am EST and be available until December 12, 2012 at 7:00 pm EST. Registrations for the December 19, 2012 game will begin on December 13, 2012 at 9:00 am EST and be available until December 19, 2012 at 7:30 pm EST. Registrations for the December 26, 2012 game will begin on December 20, 2012 at 9:00 am EST and be available until December 26, 2012 at 7:00 pm EST. Registrations for the January 4, 2013 game will begin on December 27, 2012 at 9:00 am EST and be available until January 4, 2013 at 7:00 pm EST. Registrations for the January 16, 2013 game will begin on January 5, 2013 at 9:00 am EST and be available until January 16, 2013 at 10:00 pm EST. Registrations for the February 1, 2013 game will begin on January 17, 2013 at 9:00 am EST and be available until February 1, 2013 at 7:30 pm EST. Registrations for the February 26, 2013 game will begin on February 2, 2013 at 9:00 am EST and be available until February 26, 2013 at 8:00 pm EST. Registrations for the April 1, 2013 game will begin on February 27, 2013 at 9:00 am EST and be available until April 1, 2013 at 7:30 pm EST. The web site’s database clock will be the official time keeper for this Sweepstakes. Only one (1) registration per person per game will be accepted. Once registration/predictions have been submitted, they cannot be changed. A new registration must be submitted for each game as entries/registrations will not carry over to the next game. Entry/registration must be completely filled out to be considered eligible. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified. Entries that are incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at Sponsor’s sole and absolute discretion. All materials submitted become the property of Sponsor and will not be returned. In the event of a dispute over the identity of an online entrant, entry will be deemed submitted by the authorized account holder of the e-mail address associated with the entry for the domain associated with the submitted address provided that person is eligible. Winners may be required to show proof of being the authorized account holder. Authorized account holder is defined as the person assigned to an e-mail address by an Internet access provider, on-line service provider or other organization responsible for assigning e-mail addresses. The Released Parties 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 e-mail account to receive e-mail messages. 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. For purposes of this Sweepstakes, an on-line entry is “received” when the web site’s servers record the entry information. Proof of sending (such as an automated computer receipt confirming entry or “thanks for entering” message) does not constitute proof of actual receipt of an entry for purposes of this Sweepstakes. 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. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsor may be disqualified.
(3) One (1) winner for each of the twelve (12) games will be identified by the Cavaliers who will select the contestant who had the most points. In the event of a tie, a random drawing will be held among all eligible contestants with the same number of points. Sponsor and the Cavaliers will have complete discretion over interpretation of the Official Rules, of administration of the Sweepstakes, and of selection of the winners. Decisions of the Cavaliers as to the selection of the winners will be final. Winner will be notified by Cavaliers representative via mail, e-mail or phone (in the Cavaliers sole and absolute discretion) within seven (7) days of each designated game date. The Released Parties are not responsible for false, incorrect, changed, incomplete or illegible contact information. In the event a winner cannot be contacted or declines the prize for any reason, another winner will be selected based on the next highest score or in the event of a tie, a random drawing. The Released Parties do not assume any responsibility for incorrect or inaccurate capture of entry information, technical malfunctions, human or technical error, seeding or printing errors, viruses, lost/delayed/garbled data or transmissions, omission, interruption, deletion, defect, or failures of any telephone or computer line or network, computer equipment, software or any combination thereof. Entry materials that have been tampered with or altered are void. If, in the Cleveland Cavaliers’ opinion, this Sweepstakes is compromised or becomes technically corrupted in any way, electronically or otherwise, the Cleveland Cavaliers reserve the right to cancel, terminate, or suspend the Sweepstakes (or the online portion thereof, if applicable) and, in such event, to select a winner for the prize by randomly drawing from among all valid entries received, up to such time of cancellation, termination, or suspension, or solely from the mailed entries. Persons found tampering with or abusing any aspect of this Sweepstakes, or whom the Cavaliers 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. ANY ATTEMPT BY A PERSON TO DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. 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. The Cleveland Cavaliers further reserve the right, in its sole discretion, to cancel, modify the Sweepstakes, or take any other necessary action, if fraud or other failure destroys the integrity of the Sweepstakes. In the event the Cavaliers are prevented from continuing with the Sweepstakes 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 Sweepstakes by any party, or any federal state or local 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 Sweepstakes.
(4) One (1) grand prize winner will be selected for each of the designated games and will receive two (2) lower level end tickets to a regular season Cavaliers home game at Quicken Loans Arena. The specific game and seat location that grand prize winners receive tickets for will be at the sole discretion of the Cavaliers. Tickets will be left at the Quicken Loans Arena Box Office Will Call window under the grand prize winner’s name. To obtain the tickets, the grand prize winner will need to present government issued photo identification. The winning prize is non-transferable to any other person, including relatives or friends with no cash redemptions, equivalents or substitutions except at the Cleveland Cavaliers sole and absolute discretion. Prize details and availability are subject to change, and in the event that the Cleveland Cavaliers are unable to provide the Grand Prize winner with their Grand Prize, the Cleveland Cavaliers may elect, at their sole and absolute discretion, to provide winners with the approximate value of such item in cash or award an alternate prize of comparable or greater value. The Cleveland Cavaliers will not replace any lost or stolen 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. In the event a prize winner (and/or his or her companion (if applicable)) engage in behavior that (as determined by Sponsor or any prize provider in its or their sole and absolute discretion) is obnoxious, inappropriate, or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the applicable experience early. All prizes 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).
(5) Winner is solely responsible for all applicable federal, state and local taxes and any expenses associated with the prize they receive, unless otherwise indicated regardless of whether it, in whole or in part, are used. No substitution, cash equivalent or transfer of prize permitted except at the Cleveland Cavaliers’ option for a prize of comparable or greater value.
(6) Approximate retail value of prize is: $120 per designated game or $1,440 for all twelve (12) games.
(7) The odds of winning are dependent upon the accuracy of predictions and the eligible number of entrants.
(8) A list of winners (first name, last name initial and city of residence only) can be obtained by writing Kia/Cleveland Cavaliers Predict and Win Sweepstakes, One Center Court, Cleveland, OH 44115. Requests for a list of winners must be submitted before May 30, 2013.
(9) By entering, entrant agrees to follow and be bound by these Official Rules and the decisions of the Cleveland Cavilers, which are final and binding in all respects. By participating in this Sweepstakes, entrants and prize winners agree to release, defend, hold harmless and indemnify the Released Parties from and against any and all losses, liability, damages or causes of action of any kind (however named or described), with respect to or arising out of the Sweepstakes, including, but not limited to, (i) entrant’s participation in the Sweepstakes; (ii) travel to or from any Sweepstakes-related activity; or (iii) or resulting directly or indirectly, from the receipt, acceptance, possession, use or misuse of any prize awarded in connection with the Sweepstakes or participation in this Sweepstakes, including, without limitation, personal injury, death and/or property damage, as well as claims based on publicity rights, defamation and/or invasion of privacy.
(10) In consideration for being awarded a prize, each winner hereby agrees and consents, without further authorization, compensation or remuneration of any kind, to the use of winner’s name, voice, biographical information and/or likeness in any and all advertising, promotions and other publicity conducted by the Released Parties in any media and by all manners (now and hereafter known) in perpetuity, except where prohibited by law.
(11) As a condition and prior to being awarded a prize, potential winners and his/her companions/guests, if applicable, must execute an affidavit (“Affidavit”) certifying the winner’s age, eligibility and re-affirming the release of the Released Parties from any and all liability arising from, among other things: (i) participation in the Contest; (ii) acceptance of the prizes awarded therein; and (iii) the administration of the Sweepstakes and distribution of the prizes awarded therein within the time period specified at notification before being eligible to receive his or her prize. If any potential prize winner fails or refuses to sign and return such Affidavit within the time period required by Sponsor or if the prize or prize notification is returned as rejected, faulty, unclaimed or returned as undeliverable to such potential prize winner, such potential prize winner may be disqualified and an alternate may be selected. Non-compliance shall result in disqualification and award of the prize to an alternate winner. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules, or if the potential prize winner cannot attend or participate in any portion of the prize, or declines a prize for any reason prior to award, such potential winner may be disqualified and an alternate potential winner may be selected. The Released Parties are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential winners.
(12) All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of Ohio, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws. The parties each agree to finally settle all disputes in the exclusive jurisdiction and venue of the courts located in Cuyahoga County, Ohio. BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIFTY DOLLARS ($50.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
(14) Sweepstakes is void where prohibited.
Sponsor: Kia Motors America, Inc., 111 Peters Canyon Road, Irvine, CA 92606.