KIA MOTORS America, Inc. / GOLDEN STATE WARRIORS “DRIVE FOR FIVE” TICKET OFFER
Terms and Conditions
WHILE SUPPLIES LAST. VOID WHERE PROHIBITED.
The Kia Motors America, Inc. /Golden State Warriors "Drive for Five" Ticket Offer (the “Offer”) is a limited time while supplies last offer and is subject to these Terms and Conditions. The Offer is sponsored by Kia Motors America, Inc. (“Kia”), 111 Peters Canyon Road, Irvine, CA 92606 and the Golden State Warriors (the “Warriors”), 1011 Broadway, Oakland, CA 94607 (collectively, the “Offer Entities”).
1. Golden State Warriors Ticket Offer. With a qualifying purchase or lease of a new 2013 or 2014 Kia vehicle at a participating Bay Area Kia retailer during the Offer Period (defined below), the first 300 eligible individuals will receive two (2) tickets to five (5) Offer Entities-selected 2013-14 Golden State Warriors regular season home basketball games, while supplies last (“Offer”). The approximate retail value of each ticket package is $148.00.
2. How to Qualify. To qualify for the Offer, eligible individuals must complete a purchase or lease and take delivery of a new Kia brand vehicle (2013 or 2014 models only) at one (1) of the thirteen (13) participating Bay Area Kia retailers listed below in this Section 2 between the dates of December 20, 2013 and February 20, 2014 (the “Offer Period”) or while supplies last. Each eligible individual that satisfies the Offer requirements will receive two (2) tickets to five (5) Offer Entities-selected 2013-14 Golden State Warriors regular season home games (see Section 4 below for ticket details), while supplies last. Redemption of the Offer is expressly conditioned upon acceptance of all of the terms and conditions set forth in these Offer “Terms and Conditions”. Void where prohibited by law or restricted in a manner inconsistent with these Terms and Conditions. If an individual chooses to finance the purchase of a Kia vehicle, all such financing must be finalized before the individual qualifies for the Offer, and such finalization must occur prior to the expiration of the Offer Period. If an individual chooses to lease the Kia vehicle, all lease paperwork must be finalized and approved before the expiration of the Offer Period.
Participating Bay Area Kia Retailers
3. Eligibility. Except as set forth in this Section 3, this Offer is only open to legal residents of Northern California, whose legal residence is within a 75-mile radius of Oracle Arena and who are at least 18 years of age or older at the time of vehicle purchase/lease that qualifies for this Offer. The Offer is subject to all Kia dealer vehicle purchasing and/or leasing requirements, as applicable. Failure of an individual to satisfy any such requirements (e.g., failure to qualify for financing to purchase a Kia vehicle or failure to maintain the required credit score to qualify to lease a Kia vehicle) will disqualify such individual from the Offer. Notwithstanding the foregoing, any individual who has been banned from the Oracle Arena or attending 2013-14 Golden State Warriors home games is not eligible.
4. Limited Time Offer/While Supplies Last. This Offer is a limited time offer and is subject to availability while supplies last. Prior to purchasing or leasing a vehicle during the Offer Period, eligible entrants may inquire to a sales person at a participating Bay Area Kia retailer (listed above in Section 2) as to whether as of that time there are tickets remaining to be distributed as part of the Offer. Please note that there is no guarantee that if tickets are available at such time that they will continue to be available.
5. Tickets. With a qualifying purchase or lease of a new Kia vehicle at a participating Bay Area Kia retailer during the Offer Period, the salesperson will present the customer with a package containing two (2) tickets to five (5) Golden State Warriors regular season home games, while supplies last, Individuals will receive two (2) tickets to the five (5) games listed below. Ticket packages are final and not eligible for exchanges. The Offer Entities and/or any representative thereof reserve the right to determine and confirm eligibility.
The Offer Entities make no promises or representations regarding the location of the seats of the tickets in the arena. Recipients must redeem the tickets at Oracle Arena on the date and time of each game. Any unused tickets will be forfeited. Additionally, the Offer is subject to all of the terms and conditions set forth on the tickets. Ticket privileges are extended at the discretion of the Golden State Warriors and are subject to revocation at any time for, amongst other things, the failure of the holder to conduct themselves in accordance with the Golden State Warriors and/or NBA’s Fan Code of Conduct while at Oracle Arena at any time before, after or during a Golden State Warriors home game. Any and all taxes of any kind, fees, insurance and other related costs incurred in conjunction with the tickets or redemption of this Offer, including, without limitation, costs for transportation, parking, food or beverages, are the sole responsibility of the recipients. 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 revocable licenses, non-transferable and non-reproducible; the Golden State Warriors reserves the right, in its sole discretion, to revoke the tickets and/or refuse admission to the games for any or no reason at all. Limit one (1) ticket package per person. Offer cannot be combined with other offers/incentive programs or substituted for cash back.
6. Administration. Kia and the Golden State Warriors 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 the Golden State Warriors and any questions relating to eligibility, these Terms and Conditions and any other questions concerning this Offer will be resolved at Offer Entities’ sole discretion. 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 shall sign any required documents in connection with the Offer as determined by Kia and/or the Golden State Warriors in their sole discretion. All necessary transportation/airfare and/or accommodations/lodging in connection with attending the games associated with the tickets are solely the responsibility of qualified individuals. 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.
7. Release, Waiver of Liability and Indemnity. The Released Parties (defined below) shall not be responsible for cancelled, delayed, suspended or rescheduled games nor for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of limitation of any kind, or inaccurate transmissions of or failure to receive information by or from Kia and/or the Warriors on account of technical problems or traffic congestion on the internet or at any website or any combination thereof. Each Offer recipient expressly assumes all risk of, and hereby releases, defends, indemnifies and holds harmless the Released Parties from and against any and all liability, claims or actions of any kind whatsoever (however named or described) with respect to the injury, death, damages or losses to persons or property which may be sustained in connection with: (a) any individual’s participation in the Offer; and (b) the receipt, license, use or misuse of the tickets, including, without limitation, the preparation for, participation in, travel to or from any other activity related to the Offer. The Offer Entities 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.
8. Name and Likeness. Acceptance of the Offer constitutes permission for the Golden State Warriors, Kia Motors America, Inc. and its authorized Bay Area retailers, the National Basketball Association and its Member Teams, NBA Properties, Inc., and their respective parents, subsidiaries, affiliates, directors, officers, governors, employees and agents (“Released Parties”) to use winner’s name, biographical information, and/or likeness for purposes of advertising and promotion without further compensation or approval as permitted by law.
9. 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 the Offer Entities, shall be governed by, and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions (whether of California, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than California. 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.
10. Disclaimer of Warranties/Limitation of Liability. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, EACH INDIVIDUAL WHO PARTICIPATES IN THE OFFER ACKNOWLEDGES AND AGREES, THAT ANY TICKETS RECEIVED IN CONNECTION THEREWITH ARE PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR AT LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE TICKETS, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTIBILITY 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. EACH PARTICIPANT FURTHER ACKNOWLEDGES THAT NONE OF THE RELEASED PARTIES SHALL BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, ECONOMIC, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY, DIRECTLY OR INDIRECTLY, TO REDEMPTION OF THE OFFER, EVEN IF FORESEEABLE OR EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE SAME.
11. 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.
12. For a copy of the rules, send a self-addressed, stamped envelope to ”Kia Drive for Five Giveaway”, Attention: Corporate Partnerships, 1011 Broadway, Oakland, CA 94607.