Kia Test Drive for Tickets Terms & Conditions

“Kia Test Drive for Tickets” 2013-2014 Offer Terms & Conditions

INDIVIDUALS MUST MENTION OFFER AT TIME OF TEST DRIVE IN ORDER TO RECEIVE A VOUCHER FOR THE TICKETS.

Kia Test Drive for Tickets Offer (the “Offer”) is a limited time, while supplies last offer. The Offer is undertaken and sponsored by administered by the Suns Legacy Partners, L.L.C (dba "Phoenix Suns"), Phoenix Arena Development Limited Partnership (dba “US Airways Center”), Sports & Entertainment Services, LLC, 201 E. Jefferson Street, Phoenix, AZ, 85004 (collectively, the “Offer Entities”), in connection with Kia Motors America, Inc. (“Kia”), 111 Peters Canyon Road, Irvine, CA 92606, and its authorized Local Valley Kia Retailers listed below. The Offer Entities, and not Kia or any of its Local Valley Kia Retailers, are solely responsible for this promotion. The terms “you” or “your” mean the person to whom a Certificate (defined below) is issued to. Participation in the Offer constitutes the participant's full and unconditional agreement to these Terms and Conditions. Receipt of Certificate may require participants to sign paperwork issued by the Offer Entities.

1. How To Qualify: To qualify for the Offer, eligible consumers will need to test drive any new, unused, 2013 or 2014 Kia vehicle at a participating Local Valley Kia Retailer listed below during the Offer Qualifying Period (defined below). On the completion of the test drive, consumers will receive a Promotional Code (defined below) for two (2) upper level Phoenix Suns tickets (valued at up to $100 each, $200 total), while supplies last, to a home Phoenix Suns regular season basketball game. Limit one (1) test drive/Promotional Code per person/family. Individuals will not receive more than one (1) Promotional Code if they choose to test drive multiple Kia vehicles. Redemption of the Offer is expressly conditioned upon acceptance of and compliance with all of these Offer "Terms and Conditions".

Participating Local Valley Kia Retailers:

Kia Dealership Address City State Zip Phone #
Rodeo Kia 10685 W. Papago Fwy Avondale AZ 85323 623-298-1200
Horne Kia 1025 North Arizona Ave. Gilbert AZ 85233 480-497-4848
Peoria Kia 17431 N. 91st Ave. Peoria AZ 85382 623-933-6900
Earnhardt Kia 2121 E. Bell Road Phoenix AZ 85022 602-346-5400
Cambelback Kia 2223 W. Camelback Road Phoenix AZ 85015 602-249-1133
Mark Kia 1000 N. Scottsdale Road Scotssdale AZ 85257 480-994-0026
Sands Kia 13474 N. Autoshow Ave. Surprise AZ 85388 623-474-3344
Tempe Kia 8005 S. Autoplex Loop Tempe AZ 85284 480-598-2300

Offer Qualifying Period: “Offer Qualifying Period”: November 15, 2013 until January 2, 2014 or while supplies last.

2. Eligibility: Except as expressly set forth in this Section 2, the Offer is only open to legal residents of the U.S. and the state of Arizona who live within a seventy-five (75) mile radius of the US Airways Center, eighteen (18) years of age or older at the time of vehicle test drive. The Offer is subject to all Kia Retailer test drive requirements, as applicable. Failure of an individual to satisfy any such requirement (e.g., failure to produce a driver’s license at the dealership) will disqualify such individual from the Offer. Further, any individual who has been banned from attending 2013-14 Phoenix Suns home games is not eligible. Employees of any of the Offer Entities, Kia or the Local Valley Kia Retailers and each of their respective parents, subsidiaries, affiliates, and agents and the immediate family (spouse, parents, siblings, and children) and household members (whether legally related or not) of each such employee are not eligible to participate

3. Tickets/Receive Your Certificate: On the completion of a test drive of a new Kia automobile at one of the participating Local Valley Kia Retailers, eligible customers will receive a certificate (“Certificate”) containing a unique promotional code (the “Promotional Code”). The Promotional Code is redeemable online at www.suns.com/kiatestdrive (the “Website”). The Promotional Code is a “one time use only” promotional access code good towards two (2) upper level tickets for a participating Phoenix Suns regular season home game at US Airways Center, based on availability. The Promotional Code must be redeemed prior to the date set forth on the Certificate. When redeeming the Promotional Code on the Website, individuals may be required to complete a short survey. After redemption of the Promotional Code on the Website, tickets can ultimately be picked up at will-call at US Airways Center on game day. A list of potential Phoenix Suns regular season home games will be selected by the Offer Entities in their sole and absolute discretion. Eligible participants will choose from the list of available games, which are subject to change without notice. The Offer Entities may substitute games in their sole and absolute discretion. Further, the Offer Entities make no promises or representations regarding the location of the seats of the tickets in the arena. Individuals who satisfy the Offer requirements will not be permitted to select the location of their seats. Additionally, the Offer is subject to all of the terms and conditions set forth on the tickets, including, without limitation, compliance with the NBA Fan Code of Conduct. Tickets are subject to Offer availability and venue capacity restrictions. Tickets to a particular game are not guaranteed. Any and all taxes of any kind, fees, and other related costs incurred in conjunction with attending the games associated with the tickets, including, without limitation, transportation and costs for parking at the arena, are the sole responsibility of the recipient. Promotional Code and tickets cannot be replaced if lost, stolen or destroyed and are only valid for the games and seats for which they are issued. Tickets are not transferable or reproducible and may not be sold or auctioned or bartered. No cash value or cash back if games are cancelled for any reason. Further, tickets are a revocable license and admission to the games may be refused for any or no reason by the Offer Entities. All redemptions are final. The Offer cannot be combined with other product offers or promotions. Use of the Promotional Code for unauthorized advertising, marketing or other promotional purposes is strictly prohibited. Promotional Codes are void if (a) not obtained in accordance with these Terms and Conditions and through legitimate channels; or (b) any part of the Promotional Code is counterfeit, altered, defective, tampered with or irregular in any way. In the event you receive a defective Promotional Code, your sole remedy (and the Offer Entities' sole liability) is to replace the defective Promotional Code (while supplies last). The Promotional Code must be redeemed while supplies last.

4. Limited Time Offer/While Supplies Last: This Offer is a limited time offer and is subject to availability and while supplies last.

5. Administration: Kia and/or the Offer Entities expressly reserve the right to amend, suspend or terminate this Offer at any time without prior notice or consent. Administration of this Offer is at the sole discretion of Kia and/or the Offer Entities. Any questions relating to eligibility, these Terms and Conditions or any other questions concerning this Offer will be resolved at the sole discretion of Kia and/or the Offer Entities and their decisions will be final and binding with respect thereto. No requests for exchanges, seat location, or cash equivalent for the tickets will be considered and no substitutions will be made. Qualified individuals must sign any required documents in connection with the Offer as determined 2119926 by Kia and/or the Offer Entities in their sole and absolute discretion. No responsibility is assumed by the Offer Entities or Kia or any of their affiliates for cancelled, delayed, suspended or rescheduled events. No groups, clubs, corporations, companies, partnerships, or organizations may participate in this Offer or reproduce or distribute any portion of these Terms and Conditions to their members.

6. Release and Waiver of Liability: Each individual, by redeeming this Offer, hereby forever releases and discharges, and agrees to defend, indemnify and hold harmless, each of Kia, the Local Valley Kia Retailers, the Offer Entities, and the National Basketball Association and its member professional basketball teams (including the Phoenix Suns), and each of their respective parent corporations, subsidiaries, advertising and promotion agencies, affiliates, directors, officers, employees, representatives and agents from and against any and all liability, claims, damages, losses, costs, expenses and actions of any kind whatsoever (however named or described), including, without limitation, those for injuries, death, damages or losses to persons or property, that may be suffered or sustained in connection with (i) any participation in the Offer; (ii) the receipt, use or misuse of the tickets; or (iii) while preparing for, participating in, and/or traveling to any ticket-related activity. The Offer Entities, Kia and the Local Valley Kia Retailers expressly disclaim any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use or misuse of the tickets. In consideration of the tickets, each individual hereby agrees and consents, without further authorization, compensation or remuneration of any kind, to the use of such individual’s name, photograph, likeness (including his/her voice), biographical information and statements concerning the Offer, in any and all advertising, promotions and other publicity conducted by Kia, the Offer Entities, and/or the National Basketball Association or its member professional basketball teams (including the Phoenix Suns), and each of their respective parents, subsidiaries and affiliates.

7. Construction/Disputes: All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of any individual or Kia or the Offer Entities, shall be governed by, and construed in accordance with the laws of the State of Arizona, without giving effect to any choice of law or conflict of law rules or provisions (whether of Arizona, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than Arizona. The parties agree that all disputes arising out of or connected with these Terms and Conditions or the Offer will be resolved individually, and without resort to class action.

8. DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INDIVIDUALS WHO PARTICIPATE IN THE OFFER AGREE THAT ANY TICKETS RECEIVED ARE PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE TICKETS, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THESE TERMS AND CONDITIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER KIA NOR ANY OF THE OFFER ENTITIES ARE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, ECONOMIC, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY, DIRECTLY OR INDIRECTLY, TO OFFER OR THE REDEMPTION OF THE OFFER, EVEN IF FORESEEABLE OR EVEN IF KIA OR THE OFFER ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. Miscellaneous: No waiver of any of the provisions of these Terms and Conditions shall be deemed or shall constitute a waiver of any other provisions hereof, nor shall waiver constitute a continuing waiver unless otherwise expressly provided. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.