Official Rules
No Purchase Necessary To Enter or Win. Participation constitutes entrant's full and unconditional agreement to and acceptance of these Official Rules.
Internet Limitations of
Liability: If for
any reason this Sweepstakes is not capable of running as planned due to
infection by computer virus, bugs, tampering, unauthorized intervention, fraud,
technical failures, or any other causes beyond the control of the Sponsor which
corrupt or affect the administration, security, fairness, integrity or proper
conduct of this Sweepstakes, the Sponsor reserves the right at its sole
discretion, to disqualify any individual who tampers with the entry process,
and to cancel, terminate, modify or suspend the Sweepstakes in whole or in
part, at any time, without notice and award the Grand Prizes using all
non-suspect eligible entries received as of or after (if applicable) this
cancellation, termination, modification or suspension date, or in any manner
that is fair and equitable. Sweepstakes Entities assume no responsibility for
any error, omission, interruption, deletion, defect, delay in operation or
transmission, communications line failure, theft or destruction or unauthorized
access to, or alteration of, entries. Sweepstakes Entities are not responsible
for any problems or technical malfunction of any telephone network or telephone
lines, computer on-line systems, servers, or providers, computer equipment,
software, failure of any e-mail or entry to be received by Sponsor on account
of technical problems, human error or traffic congestion on the Internet or at
any Website, or any combination thereof, including any injury or damage to
participant's or any other person's computer relating to or resulting from
participation in this Sweepstakes or downloading any materials in this
Sweepstakes. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR
UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF
CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR
RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON (S)
RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the
event of a dispute as to the identity of a winner based on an e-mail address,
the winning entry will be declared made by the authorized account holder of the
e-mail address submitted at time of entry. "Authorized account
holder" is defined as the natural person who is assigned to an e-mail
address by an Internet access provider, on-line service provider or other
organization (e.g., business, educational, institution, etc.) that is
responsible for assigning e-mail addresses for the domain associated with the
submitted e-mail address.
Grand Prizes/Odds of Winning: Ten (10) Grand Prize iPhones with an Appoximate
Retail Value of $399 will be awarded. Ten (10) 1st Prizes
Winners will receive $100 Gift Cards. Grand
Prize winners will be required to provide picture proof of identification which
may include a driver’s license, passport, or similar government issued
identification. Sponsor reserves the right to verify all information submitted
by Grand Prize winners. No transfer, refund or substitution of Grand
Prizes are permitted, except that the Sponsor and Sweepstakes Entities retain
the right to substitute prizes of equal
or greater retail value for any reason. Odds
of winning will depend on the total number of eligible entries received.
Drawing and Notification: The potential Grand Prize winners will be selected, from among all eligible entries received, in a random drawing conducted on or about 9/15/2008 by an independent judging organization, whose decisions are final in all matters relating to this Sweepstakes. Upon initial notification and verification of potential Grand Prize winners, confirmation will be sent to winners in writing via USPS mail, or other home delivery service of Sponsor’s choice.
Prize Conditions: Grand Prize winners are solely responsible for all applicable federal, state, and local taxes associated with the receipt of Grand Prizes. If Grand Prizes or Grand Prize notifications are returned as unclaimed or undeliverable to a potential winner, if a potential winner cannot be reached within three (3) calendar days from the first notification attempt, or if a potential winner fails to return requisite document within the specified time period, or if a potential winner is not in compliance with these Official Rules, then such person shall be disqualified and, at Sponsor’s sole discretion, an alternate Grand Prize winner may be selected for the Grand Prize. The Grand Prize winners acceptance of the Grand Prizes offered constitutes permission (except where prohibited by law and Sponsor’s Privacy Policy) for the Sponsor to use said winners’ name, photograph, likeness, statements, biographical information, voice and address (city and state), in all forms of media, in perpetuity, without notice or further compensation.
Terms & Conditions: This Sweepstakes is subject to all applicable federal, state, and local laws. By participating, entrants agree to be bound by these Official Rules and the decisions of the Sweepstakes Administrator, and waive any right to claim ambiguity in the Sweepstakes or these Official Rules. Grand Prize winners and entrants also agree to release, discharge, indemnify and hold harmless the Sweepstakes Entities from and against any claims, damages or liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in any part, directly or indirectly, from acceptance, possession, use or misuse of Grand Prizes offered, or participation in this Sweepstakes. Any person attempting to defraud or in any way tamper with the Sweepstakes mechanics and/or implementation will be prosecuted to the full extent of the law. This Sweepstakes is void where prohibited.
Privacy: Information submitted in connection
with the Sweepstakes will be treated in accordance with these rules and
ARBITRATION / WAIVER OF INJUNCTIVE RELIEF / GOVERNING LAW: BY SUBMITTING ENTRY, ENTRANTS AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE OFFICIAL RULES, ITS ENFORCEMENT, ARBITRABILITY OR INTERPRETATION SHALL BE SUBMITTED TO FINAL AND BINDING ARBITRATION, TO BE HELD IN LOS ANGELES COUNTY, CALIFORNIA, BEFORE A SINGLE ARBITRATOR, IN ACCORDANCE WITH CALIFORNIA CODE OF CIVIL PROCEDURE §§ 1280 ET SEQ. THE ARBITRATOR SHALL BE SELECTED BY MUTUAL AGREEMENT OF THE PARTIES OR, IF THE PARTIES CANNOT AGREE, THEN BY SELECTING AN ARBITRATOR FROM A LIST OF ARBITRATORS SUPPLIED BY JAMS (JUDICIAL ARBITRATION AND MEDIATION SERVICES). IF THE PARTIES STILL CANNOT AGREE ON AN ARBITRATOR, THE ARBITRATOR SHALL BE APPOINTED BY JAMS. THE ARBITRATION SHALL BE A CONFIDENTIAL PROCEEDING, CLOSED TO THE GENERAL PUBLIC. THE ARBITRATOR SHALL ISSUE A WRITTEN OPINION STATING THE ESSENTIAL FINDINGS AND CONCLUSIONS UPON WHICH THE ARBITRATOR’S AWARD IS BASED. THE PARTIES WILL SHARE EQUALLY IN PAYMENT OF THE ARBITRATOR’S FEES AND ARBITRATION EXPENSES AND ANY OTHER COSTS UNIQUE TO THE ARBITRATION HEARING (RECOGNIZING THAT EACH SIDE BEARS ITS OWN DEPOSITION, WITNESS, EXPERT AND ATTORNEYS’ FEES AND OTHER EXPENSES TO THE SAME EXTENT AS IF THE MATTER WERE BEING HEARD IN COURT). NOTWITHSTANDING THE FOREGOING, THE ARBITRATOR MAY REQUIRE THAT SUCH FEES BE BORNE IN SUCH OTHER MANNER AS THE ARBITRATOR DETERMINES IS REQUIRED IN ORDER FOR THIS ARBITRATION CLAUSE TO BE ENFORCEABLE UNDER APPLICABLE LAW.
Winners List: To request confirmation of the name
and address of the Grand Prize winners, please send a self-addressed, stamped business size envelope, by 10/1/2008 to: ASC/Kia “
Sponsor: Kia Motors America Inc.
Sweepstakes Administrator: American Sweepstakes & Promotion
Co.,