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Kia Performance Challenge Rules 2011
Posted May 3 2011 2:21PM
The Kia Performance Challenge Official Rules
No Purchase Necessary To Enter or Win. A Purchase Will Not Increase Your Chances Of Winning. Void Where Prohibited By Law. Participation in this Promotion may include signing release documents.
Eligibility: The Kia Performance Challenge (“Promotion”) is open only to legal residents of the 50 United States or the District of Columbia, who: 1) are 18 years of age or older as of 5/1/11; 2) have not won prizing during any other 2011 Promotion event and 3) are not current members of any college or university basketball team or professional basketball team within or outside the United States. Note: All participants are personally responsible for understanding and following high school or intercollegiate athletic eligibility guidelines as it pertains to your participation in this Promotion (guidelines available at: http://eligibilitycenter.org/ECWR2/NCAA_EMS/NCAA.html). Employees, officers, directors, representatives & agents of NBA Properties, Inc. (“Sponsor”), NBA Media Ventures, LLC, the National Basketball Association (“NBA”) & its member teams, Kia Motors America, Inc., T-Mobile USA, Inc. & each of their respective parent companies, subsidiaries, affiliates, governors, owners, distributors, retailers, dealerships, agents, assignees, advertising/promotion agencies and all others associated with the manufacture, distribution, development and execution of this Promotion and its prizes (collectively, “Released Parties”) & the immediate family members (parents, spouses, siblings, children & their respective spouses, regardless of where they reside) &/or those living in the same household of any such individual, whether or not related, are not eligible to enter or win. This Promotion is subject to all applicable federal, state & local laws & regulations. Void in Puerto Rico & other U.S. territories & possessions & where prohibited by law.
To Participate: While at one of the participating NBA Nation Tour events (“Local Event”) (see schedule below) between 4/29/11 & 6/26/11 (“Promotion Period”), register onsite by obtaining the Contest Release Form, while supplies last, & completing in accordance with the instructions provided (NOTE: You will also be required to show a valid government issued photo ID with your date of birth). Once you have submitted your Contest Release Form, you will participate in The Kia Performance Challenge at the applicable event (each, a “Challenge”), in which you will try to finish the Challenge as quickly as you can while dribbling, passing & shooting a basketball. Participants will not be permitted any practice attempts or warm-ups before beginning the Challenge. Participants must complete the Challenge in the sequence presented and according to the instructions provided by Sponsor. Instructions on how to participate will be provided by Sponsor immediately prior to the start of the applicable Challenge. Only basketball(s) in the designated area will be used for the Challenge & the longest that any participant will be permitted to remain in the Challenge area will be five (5) minutes (the “Challenge Time Limit”). Participants remaining in the area beyond the Challenge Time Limit will be disqualified & will forfeit their turn in the Challenge. If any skill in the sequence is not successfully completed by a participant (as determined by Sponsor), that participant will not be eligible to have a time for completion of the Challenge recorded on his or her behalf. Limit one (1) attempt at the Challenge per person every two (2) hours for each Local Event. The opportunity to participate in a Challenge at each Local Event will be based on a first come, first served basis. Sponsor does not guarantee that everyone who fills out the Contest Release Form will have the opportunity to participate in a Challenge. The success of the completion of any of the skills & the determination of the amount of time each participant expends, as well as whether a participant forfeits his or her turn, will be determined by the on-site Supervising Staff whose decisions about all aspects of the Challenge are final & binding in all respects. The time it takes you from start to finish to complete the Challenge will be timed & recorded on your Contest Release Form by the Supervising Staff.
Local Event Judging (Local Event First, Second & Third Prizes): The entrant from each day of the participating Local Event (see below) who successfully completes the Challenge in the shortest period of time (as determined by Sponsor in its sole discretion) will win a Local Event First Prize. The entrant from each day of the participating Local Event who successfully completes the Challenge in the second shortest period of time (as determined by Sponsor) will win a Local Event Second Prize. The entrant from each day of the participating Local Event who successfully completes the Challenge in the third shortest period of time (as determined by Sponsor) will win a Local Event Third Prize. In the event of a tie, each of the tied entrants for such position will be asked ten (10) NBA-related trivia questions with a time limit of ten (10) seconds per question. The entrant who answers the most questions correctly in the shortest period of time, as determined by Sponsor, will be declared the applicable prize winner. Once a question has been answered incorrectly, the entrant will not be able to answer again for that question. A question which is not answered in the permitted time period will be considered answered incorrectly. The NBA Nation Tour “Local Event” schedule is as follows:
Entry Dates City Event Location
4/29/11 - 5/1/11 Houston, TX Houston IFest
5/7/11 - 5/8/11 Denver, CO Cinco de Mayo "Celebrate Culture" Festival
5/14/11 – 5/15/11 Los Angeles, CA Universal Citywalk Hollywood Universal Hollywood Dr.
Universal City, CA
5/28/11 - 5/29/11 Atlanta, GA Atlanta Jazz Fest
6/4/11 – 6/5/11 Miami, FL Miami Goombay Festival
6/10/11 - 6/12/11 San Antonio, TX Texas Folklife Festival
6/18/11- 6/19/11 New York, NY South Street Seaport Fulton & South Street
6/25/11 - 6/26/11 Washington, DC Safeway BBQ Battle
The winners for each participating Local Event’s Challenge will be determined at the close of each day; however, potential winners need not be present at that time to win the prize. Awarding of any prize is subject to verification of eligibility & compliance with the terms of these Official Rules. Potential Local Event First Prize winners will be notified in person or via phone or mail & may be required to execute, notarize, & return within two (2) days of date of issuance of notification an Affidavit of Eligibility/Liability & a Publicity Release, where permitted by law. Local Event Prizes: Seventeen (17) Local Event First Prizes (one (1) per day of each Local Event): The person who completes the course in the fastest overall time will win a Flip Cam video recorder ARV: $125 each. Seventeen (17) Local Event Second Prizes (one (1) per day of each Local Event): One (1) iPod Shuffle ARV: $100 each. Seventeen (17) Local Event Third Prizes (one (1) per day of each Local Event): One (1) NBA gift card. ARV: $25 each. Local Event First, Second & Third Prizes will be awarded onsite. Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Winners are responsible for any federal, state & local taxes, as well as any other costs & expenses associated with acceptance & use of prize not specified as covered as part of prize herein. Total Maximum ARV of each set of Local Event prizes: $4250. Winners of any Local Event First, Second or Third Prize will not be eligible to win prizing during any other day or at any other Local Event.
Miscellaneous: By participating in this Promotion, each participant agrees to be bound by these Official Rules, and the decisions of the Sponsor, which are final and binding in all respects. Failure to abide by these Official Rules may result in disqualification. No transfer, assignment, cash redemption or substitution of a prize or opportunity to participate in a Challenge is permitted, except by Sponsor who reserves the right to substitute a prize (or applicable portion thereof) with one of comparable or greater value, at its sole discretion. All federal, state, & local taxes (including income and withholding taxes) & all other costs & expenses associated with acceptance & use of a prize not specified herein as being provided are winners’ sole responsibility. Sponsor, in its sole discretion, reserves the right to: 1.) disqualify any person & void any entries of any person who it believes has tampered with the entry process or any other component of this Promotion, whose conduct or actions affect the administration, integrity, security, fairness or proper conduct of this Promotion, or who is in violation of these Official Rules; & 2.) modify, suspend or terminate this Promotion (or portion thereof) for any reason, as determined by Sponsor in its sole discretion, should non-authorized human intervention or other causes, including, but not limited to, war, strikes, &/or acts of God, corrupt or impair the administration, security, fairness or proper play of this Promotion &, in the event of termination at its discretion, select the winners for the event(s) at issue from using the same criteria for selecting winners as set forth above, as of the date &/or time of the event(s) requiring such termination. Released Parties are not responsible for lost, late, stolen, incomplete, damaged, illegible, delayed, undelivered or inaccurate or Contest Release Forms or for the inability of any entrant to participate in a Challenge at any event. Released Parties are also not responsible for any errors or problems of any kind whether mechanical, human, network or electronic or otherwise relating to or in connection with the Promotion, including, without limitation, errors which may occur in connection with the administration of the Promotion or the processing Contest Release Forms, the tabulation of Challenge scores, the cancellation or postponement of any event; for inaccurate entry or other Promotion-related information, printing, typographical or other errors appearing in these Official Rules, or in other Promotion-related materials. By participating, entrants agree to be bound by these Official Rules & the decisions of the Sponsor & judges, which are final & binding & agree that: 1.) Released Parties & their designees & assigns may use (unless prohibited by law) such entrant’s name, voice, city/state of residence, biographical information, photograph, &/or other visual likeness for advertising &/or trade purposes &/or for any other purpose in any media or format now or hereafter known worldwide in perpetuity without further compensation, permission or notification; and 2.) Released Parties are released, will have no liability whatsoever for, and shall be indemnified, defended and held harmless by participants against any liability for any injuries, losses or damages of any kind (whether due to negligence or otherwise) to person(s), including death, or property, resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize, (including any travel or activity-related thereto or any injury or harm that may result from the use of a Vehicle) or participation in this Promotion including any travel or related activities associated with the foregoing. BY ENTERING THE PROMOTION, EACH ENTRANT AGREES: (1) THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (2) 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. CAUTION: Any attempt to damage or undermine the legitimate operation of this Promotion is a violation of criminal & civil laws & should such an attempt be made, the Sponsor reserves the right to seek damages (including attorneys’ fees) &/or other remedies from any such person(s) responsible for the attempt to the fullest extent permitted by law. The invalidity or unenforceability of any provision of these Official Rules or the liability/publicity release will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the liability/publicity release 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. Released Parties’ 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.
Winners’ List: For the winners’ names (available after 8/12/11), send a stamped, self-addressed envelope for receipt by 8/12/11 to: Kia Performance Challenge Winners, NBA Properties, Inc., 645 Fifth Avenue, New York, NY 10022.
Sponsor: NBA Properties, Inc., 645 Fifth Avenue, New York, NY 10022
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