Kia Performance Challenge Sweepstakes 2012-13 Official Rules
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED AND THE SKILL LEVEL OF THOSE SELECTED TO PARTICIPATE IN THE ON-COURT ACTIVITIES THAT ARE PART OF THIS SWEEPSTAKES. VOID WHERE PROHIBITED BY LAW.
INDIVIDUALS SELECTED AS A QUALIFYING WINNER (DEFINED BELOW) MUST BE AVAILABLE TO ATTEND THE GAME ON THE DATE DESCRIBED IN SECTION 4 BELOW. PRIZE ACCEPTANCE RELEASE MAY BE REQUIRED.
BY ENTERING THE SWEEPSTAKES, YOU AGREE TO THESE “OFFICIAL RULES”, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSORS (DEFINED BELOW) AND NBA ENTITIES (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
1. Eligibility. The 2012-2013 “Kia Motors Performance Challenge” Sweepstakes (the “Sweepstakes”) is only open to legal residents of the state of Massachusetts who are 18 years of age or older with a valid driver’s license; who live within a seventy-five (75)-mile air radius of Boston, Massachusetts as of their date of entry.
Employees, household members (legally related or not) of employees and the immediate family members (i.e., spouses, parents, legal guardians, in-laws, siblings, grandparents, grandchildren and children) of employees of Kia Motors America, Inc. (“KMA”), the Boston Celtics, the National Basketball Association and its Member Teams, NBA Properties, Inc., and/or any of their respective parents, subsidiaries, affiliates, directors, dealerships, officers, governors, owners, successors, assigns, advertising and promotion agencies and agents (collectively, the “NBA Entities”) are not eligible to enter or win.
2. Method of Entry. The Sweepstakes will begin on or about 12:01 AM Eastern Time (“ET”) on December 10, 2012 and will end at 11:59 PM ET on April 5, 2013; provided, however, mail-in entries must be postmarked on April 2, 2013 and received by April 5, 2013 (the “Sweepstakes Period”). There are two (2) methods of entry for this Sweepstakes:
(i) Online Entry: To enter the Sweepstakes online, you may visit the Boston Celtics website at http://www.celtics.com/kia (the “Website”) during the Sweepstakes Period. The Website will contain a description of the Sweepstakes and the official online entry form. Follow the directions provided to complete the online entry form and submit electronically.
(ii) Mail-In Entry: To enter the Sweepstakes by mail, send a 3 x 5 card in a postage-paid envelope with your first and last name, postal address (no P.O. Boxes), date of birth, daytime phone number (including area code), and email address (all legibly hand printed) to: Boston Celtics, Attn: “Kia Motors Performance Challenge Sweepstakes”, Corporate Partnership Services, 226 Causeway Street, 4th floor, Boston, MA 02114. All mail-in entries must be postmarked byApril 2, 2013 and received no later than April 5,2013.
LIMIT ONE (1) ENTRY PER PERSON (REGARDLESS OF METHOD). Subsequent attempts made by the same individual to submit multiple entries, by using multiple or false contact information or otherwise, may be disqualified. Mechanically reproduced entries may be disqualified. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified. Postage-due entries and such entries are void Sponsors are not responsible for lost, late, incomplete, inaccurate, forged, mass-reproduced or mass-transmitted, mutilated, stolen, destroyed, invalid, delayed, unintelligible, misdirected, technically corrupted, undelivered or garbled mail-in or electronic entries or email; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or viruses or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the prizes, or in any Sweepstakes-related materials or the cancellation or postponement of the game. For purposes of this Sweepstakes, an online entry is “received” when the Website’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. The Website’s database clock will be the official time keeper for 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 forms, or abide by these Official Rules or other instructions of Sponsors may be disqualified.
The Sponsors 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 Sponsors believe 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 Sponsors, 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 WEBSITE (INCLUDING THE SWEEPSTAKES WEBSITE) OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsors reserve the right, at their 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.
3. Prize Rules. The Sponsors reserve the right, in their sole discretion, to modify, suspend, or terminate the Sweepstakes (or any portion thereof), or to take any other action deemed necessary, should viruses, bugs, non-authorized human intervention or other causes beyond the reasonable control of Sponsors, including, but not limited to, war or armed conflict (whether or not officially declared), labor controversy or threat thereof, and/or acts of God, corrupt or impair the administration, security, fairness or proper play of the Sweepstakes and, in the event of termination or suspension, at its discretion, select a winner for the drawing at issue from among all eligible, non-suspect entries received as of the date of the event requiring such termination or suspension. By participating in this Sweepstakes, entrants agree to be bound by these “Official Rules” and the decisions of the Sponsors, which are final and binding in all respects. Failure to abide by these Official Rules may result in disqualification. All materials submitted become the property of Sponsors 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 registered 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 registered account holder. Registered 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. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsors’ satisfaction, the affected entry will be deemed ineligible. Sponsors 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.
Prizes are not transferable, and no substitutions or cash redemptions are allowed, except by Sponsors, which reserve the right to substitute a prize (or component thereof) with one of comparable or greater retail value at their sole discretion. All costs and expenses not stated herein as being provided in connection with the redemption, receipt and/or use of the prize are the responsibility of each winner, including, without limitation, transportation. All prize details are at Sponsors’ sole discretion. Prize details and availability are subject to change and prize provider’s rules and restrictions, and in the event that Sponsors are unable to provide the winners with their prizes, the Sponsors may elect to provide winners with the approximate value of such item in cash or award an alternate prize of comparable or greater value. No extension of event dates will be granted, except at Sponsors’ sole discretion. Unclaimed prizes will be forfeited.
4. Qualifying Winner Selection and Notification. There will be six (6) “Qualifying Winners” selected in the Sweepstakes: One (1) Qualifying Winner will be selected via each of six (6) random drawings, each comprised of a combined pool of all online and mail-in entries received by the relevant drawing date. The drawing dates are: December 17, 2012; January 14, 2013; January 28, 2013; February 1, 2013; February 27, 2013; and April 5, 2013. Entries not received prior to any particular drawing date in the previous sentence will only be eligible for subsequent drawings. Qualifying Winners will be notified by phone within a reasonable time after each drawing. It is the sole responsibility of each entrant to notify the Celtics if his or her phone number changes. The Sponsors are not responsible for false, incorrect, changed, incomplete or illegible contact information. In the event a winner cannot be contacted within a reasonable time frame or declines the prize, another winner will be selected by random drawing.
Each Qualifying Winner will receive two (2) tickets to one (1) Celtics home game played at the TD Garden. The specific game for each Qualifying Winner shall be the game from the following list that occurs soonest following that Qualifying Winner’s winning drawing: December 19, 2012 against the Cleveland Cavaliers; January 16, 2013 against the New Orleans Hornets; January 30, 2013 against the Sacramento Kings; February 3, 2013 against the Los Angeles Clippers; March 1, 2013 against the Golden State Warriors; and April 7, 2013 against the Washington Wizards. Approximate Retail Value (“ARV”) of each ticket is $65.00. The Qualifying Winner must use one of the tickets for his or her own entrance to the game. Qualifying Winner and guest may be provided an opportunity to watch pre-game warm-ups and have their picture taken on center court prior to the game, provided they follow all of Sponsors’ instructions. At the relevant game, that night’s Qualifying Winner will have the opportunity to participate in the Kia Performance Shootout On-Court Contest (“Grand Prize Contest”). There will be five (5) Grand Prize Contests in total, one (1) at each of the games from the preceding list. Qualifying Winners from previous drawings shall not be eligible for subsequent drawings.
5. Grand Prize Contest. Each Qualifying Winner will have one (1) opportunity to make a halfcourt shot from the halfcourt line. If the Qualifying Winner successfully makes the halfcourt shot, he or she will become a Grand Prize winner. Successful completion of a halfcourt shot means that he or she must complete the halfcourt shot without the ball touching any surface except the backboard, rim and/or net. No part of the Qualifying Winner’s body or clothing may come in contact with the halfcourt demarcation line (or the court in front of the demarcation line) prior to releasing the ball. No practice shots will be allowed in the arena prior to the Grand Prize Contest, and any attempt at such a practice shot shall render the Qualifying Winner ineligible for the Grand Prize. The “Grand Prize” is a 2012 Kia Optima Limited (the “Vehicle”) (ARV: $32,950.00, excluding tax, title, and license charges).
ARV of Vehicle is as of date of printing of these Official Rules. The difference in value as stated herein and value at time of prize notification, if any, will not be awarded in cash. Vehicle will be delivered with standard equipment, as specified by KMA. Any upgrades and options are at the sole expense of the Grand Prize winner. Color, package, factory options, and other specifics to be determined by KMA are subject to availability. Winner must be a licensed driver and must present a current valid U.S. driver's license and proof of automobile insurance (as required by law and/or dealership) prior to taking possession of the Vehicle. Failure to show same may result in prize forfeiture. Winner (if any) is responsible for all associated dealership fees including all title, license, insurance, registration, dealer preparation, applicable taxes or fees, destination and handling charges, and other fees associated with the Vehicle, including any travel and transportation costs associated with collecting the Vehicle. All other costs not specifically stated herein as being awarded are the responsibility of winner.
Grand Prize winner must take delivery of Vehicle from the designated Kia authorized dealer within thirty (30) days after the date the Vehicle is delivered to the specified designated dealer, or the Vehicle may (in Sponsors’ sole discretion) be automatically forfeited by the winner. Except as stated in the manufacturer’s limited warranty for the Vehicle, none of KMA or any other person associated with the manufacture, distribution, development and execution of this Sweepstakes and its prize(s), or any of their respective affiliates, parent companies, subsidiaries, directors, officers, employees, and agents makes any warranties, representations or guarantees, express or implied, in fact or in law, relative to the use or enjoyment of the Vehicle, including, without limitation, its quality, mechanical condition, merchantability or fitness for a particular purpose. Any and all guarantees and warranties for the prize are subject to the manufacturer’s terms and conditions, and the winner agrees to look solely to such manufacturers for any such warranty or guarantee claim).
6. Additional Prize Terms. The potential total ARV of all prizes awarded in this Sweepstakes is $165,400 ($33,080 for each Grand Prize winner (if any)). Each winner is solely responsible for all applicable federal, state and local taxes and any expenses associated with any prize they receive. An IRS Form 1099 may be issued in the name of winner for the actual value of the prize(s) received. Winners’ attendance at the Celtics home game to which they are invited is subject to the general ticket rules and regulations established from time to time by Delaware North Corporation – Boston (“DNC-B”), the owner of the TD Garden, and by the Celtics (the “Ticket Rules”). In the event of a violation of the Ticket Rules, both DNC-B and the Celtics shall have the right to eject the violators from the TD Garden. If the Qualifying Winner is ejected from TD Garden prior to participating in the Grand Prize Contest, he or she shall be disqualified from the Grand Prize Contest and shall not have any rights to other prizes or compensation.
The Sponsors are not responsible for awarding any un-awarded portion of a prize to a prize winner if the prize winner undertakes activities or communicates messages or images or engages in speech publicly or made known publicly that: (a) are sexually explicit, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; (b) are obscene or offensive, or may create public disrepute, contempt, scandal or ridicule; (c) defame or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any third party’s or prize provider’s personal or intellectual property rights or contain disparaging remarks about other people or companies; (d) are inconsistent with the positive images and/or goodwill to which the Sponsors wish to associate (which may be determined by the Celtics, at their sole and absolute discretion); and/or (e) otherwise violate the terms of any of the agreements that the winners have agreed to comply with as an entrant of this Sweepstakes.
7. Prize Claiming. Qualifying Winners and/or Grand Prize winner (if any) will be required to sign an affidavit of eligibility and liability/publicity release (collectively, the “Affidavit”) and return the Affidavit within the time period specified at notification before being eligible to receive his or her prize and/or participate in on-court activities. If any potential prize winner fails or refuses to sign and return such Affidavit within the time period required by Sponsors 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. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. The Sponsors are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential winners.
8. Odds of Winning. Odds of becoming a winner for the Sweepstakes are dependent on the total number of eligible entries received and the Qualifying Winner’s skill level in his or her participation in the on-court activity that is part of this Sweepstakes. There will be a total of six (6) winners selected to participate in the on-court Grand Prize Contest.
9. Liabilities and Dispute Resolution. By entering the Sweepstakes, all entrants agree that Sponsors maintain the right to decide all matters and disputes arising from the Sweepstakes, that Sponsors’ determination of the winners will be final and binding, as well as agreeing to hold harmless and indemnify the Sponsors and the NBA Entities from and against any liability, damages, or causes of actions (however named or described), with respect to or arising out of: (i) the entrants’ participation in the Sweepstakes and the on-court contest portion of the Sweepstakes, including, but not limited to, personal injury, death and/or property damage, as well as claims based on publicity rights, defamation and/or invasion of privacy; (ii) the delivery, mis-delivery, acceptance, possession, use of, misuse of or inability to use any prize (including any type or manner of costs or damages), whether under a theory of contract, tort (including negligence), warranty, or any other theory; and (iii) travel to or from any Sweepstakes -related activity. By accepting a prize, each winner agrees that the Sponsors and NBA Entities will have no liability and will be held harmless by such winner for any liability, loss, injury, or damage to property or to person, including death, due in whole or in part, directly or indirectly, by reason of the acceptance, participation in, use or misuse of the prize or participation in the Sweepstakes, even if caused or contributed to by the negligence of Sponsors. Except where prohibited by law, 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 material, and/or likeness, in all forms of media and by all manners (now and hereafter known), worldwide, in perpetuity, in any and all advertising, promotions and other publicity conducted by the Sponsors and the NBA Entities. Entrants agree not to issue any publicity concerning the Sponsors.
10. Identification. For a complete list of winners, or for a copy of the Official Rules, send a written request along with a self-addressed stamped envelope for receipt by June 17, 2013 to: “Kia Motors Performance Challenge Sweepstakes,” c/o Boston Celtics, 226 Causeway Street, 4th Floor, Boston, MA 02114. Please indicate whether you are requesting a list of winners or a copy of the Official Rules.
11. Disputes. The Sweepstakes is void where prohibited by law. By entering the Sweepstakes, each 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; and (2) he or she knowingly and expressly waives all rights to seek punitive, incidental, exemplary, consequential or special damages, lost profits, and/or any right to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants or Sponsors in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of Massachusetts, 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.
13. Sponsors. Boston Celtics, Corporate Partnership Services, 226 Causeway Street, 4th floor, Boston, MA 02114 and Kia Motors America, Inc., 111 Peters Canyon Road, Irvine, CA 92606 (collectively, “Sponsors”).