NO PURCHASE OR SURVEY COMPLETION NECESSARY TO ENTER OR WIN.
A PURCHASE OR SURVEY COMPLETION WILL NOT IMPROVE YOUR CHANCES OF WINNING.
The 2015-2016 Kia Sales Rejecter Sweepstakes (the “Sweepstakes”) begins at 12:00:01 a.m. Eastern Time ("ET") on 12/1/15 and ends at 11:59:59 p.m. ET on 1/31/16 (the “Sweepstakes Entry Period”).
ELIGIBILITY: Sweepstakes is open to individuals who at time of entry are legal residents of the 48 contiguous United States (including the District of Columbia) age 16 or older at time of entry and to whom this survey/sweepstakes offer is specifically addressed to and owns a Kia vehicle prior to the start of the Sweepstakes. Officers, directors, employees, agents and representatives of J.D. Power and Associates (the “Sponsor”), and its parent company, subsidiaries, affiliates, advertising and promotion agencies, retailers, distributors (collectively, “Sweepstakes Entities”), and their immediate family members (defined as parents, siblings, children and spouses, regardless of where they reside) and/or those living in the same household of each (whether or not related) are not eligible to enter or win. Sweepstakes governed by U.S. law. Sweepstakes is subject to all applicable federal, state and local laws and regulations. Void in Alaska, Hawaii and where prohibited by law.
HOW TO ENTER: There are two (2) methods of entry: Method #1: Visit the URL provided in the offer you received and follow all onscreen instructions to enter the passcode (printed on the solicitation you received) to complete and submit the survey (“online entry(ies)”). You must complete the survey in order to be entered into the Sweepstakes via this method of entry. Online entry(ies) must be received by the deadline date specified in offer or by 11:59:59 p.m. ET on 1/31/16; whichever date is sooner. Method #2: To enter Sweepstakes without completing the survey, send an email with your name and address to: [email protected] with the words “Kia Sales Rejecter Sweepstakes Entry” on the subject line so it is received by 11:59:59 p.m. ET on 1/31/16 (“Email Entry”). Limit: One entry per person, regardless of method of entry. Duplicate entries will be disqualified. In the event of a dispute over the identity of an online entrant, entry will be deemed submitted 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. Entry materials that have been tampered with or altered are void.
Photocopied or mechanically reproduced entries are not eligible. Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices or as a result of bulk email or spamming of any sort are void. Sponsor is not responsible for lost, late, damaged, misdirected, incomplete, inaccurate, invalid, illegible, garble or undelivered entries. All entries and requests become the property of Sponsor and will not be acknowledged or returned.
CONSUMER DISCLOSURES: You have not yet won. Ends: 1/31/16. Ten (10) Prizes are guaranteed to be awarded. Each winner will receive a $500 American Express® Gift Card. Total value of all prizes: $5,000.00. Odds of winning depend on number of eligible entries received during the Sweepstakes Entry Period, estimated at 1:4,000. Sponsor: J.D. Power and Associates, 2625 Townsgate Road, Suite 100, Westlake Village, CA 91361.
SELECTION OF WINNERS & PRIZE DETAILS: Potential winners will be selected in a random drawing from among all eligible entries received during the Sweepstakes Entry Period. The random drawing will be conducted on or about 2/17/16 by Ventura Associates Int’l LLC, an independent judging organization (“judges”), whose decisions are final and binding in all matters relating to this Sweepstakes. Potential winners will be notified by telephone, and/or e-mail and/or first class mail on or about 2/18/16 and may be required to complete, sign and return an Affidavit of Eligibility/Liability Release and Publicity Release (collectively, the “Release”) within ten (10) days of date specified on notification. If a potential prize winner does not return the executed Release within ten (10) days, or if said e-mail and/or mail is returned as undeliverable, or if an entrant is otherwise found to be ineligible, or if the selected winner cannot accept or receive the prize for any reason, the potential prize winner will forfeit the prize and an alternative winner will be selected who will be subject to disqualification in the same manner. If a winner is considered to be a minor in his/her state of primary residence, a parent or legal guardian will be required to execute Affidavit/Release on winner’s behalf. The Sponsor reserves the right to modify the notification procedures in connection with the selection of an alternate winner, if any. Each gift card is non-transferable and may not be returned or redeemed for cash. No credit or cash given for unused portion. Gift card will not be replaced if lost or stolen. Each gift card will be fulfilled within ninety (90) days from date of award. All fees, federal, state, local and income taxes or other expenses relating to the use, misuse, acceptance and possession of prize are the sole responsibility of each winner. Entry and acceptance of prize constitutes permission (except where prohibited by law) to use each winner's name, prize won, hometown and likeness for online posting and promotional purposes without further compensation.
GENERAL & LIMITATIONS OF LIABILITY: Entrants agree to these Official Rules and the decisions of the judges and the Sponsor, and on their behalf, and on behalf of their respective heirs, executors, administrators, legal representatives, successors and assigns (the “Releasing Parties”), release, defend and hold harmless the Sweepstakes Entities, as well as the employees, officers, directors and agents of each (collectively the “Released Parties”), from any and all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, lost profits, indirect or direct damages, consequential damages, incidental damages, punitive or exemplary damages, judgments, extent, executions, claims and demands whatsoever, in law, admiralty or equity, whether known or unknown, foreseen or unforeseen, against Released Parties which any one or more of the Releasing Parties ever had, now have or hereafter can, shall or may have which in any way arise out of or result from entrant’s participation, acceptance and use or misuse of prize. In the event Sponsor is prevented from continuing with the Sweepstakes as contemplated herein by any event beyond its control, or otherwise, including but not limited to fire, flood, hurricane, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state, or local government law, order, or regulation, or order of any court or other cause, or concerns regarding the safety of any winner or guest, Sponsor shall have the right, to modify, suspend, extend or terminate the Sweepstakes in whole or in part, at any time and without notice or obligation. Entrants assume all liability for any injury, including death or damage caused or claimed to be caused, by participation in this Sweepstakes or use, misuse or redemption of any prize. This Sweepstakes shall be governed by and interpreted under the laws of the State of New York, U.S.A. without regard to its conflicts of laws provisions. Entrants hereby agree that any and all disputes, claims, causes of action, or controversies (“Claims”) arising out of or in connection with this Sweepstakes shall be resolved, upon the election by entrant or Sponsor, by arbitration pursuant to this provision and the code of procedures of either the National Arbitration Forum (“NAF”) or the American Arbitration Association (“AAA”), as selected by the entrant. IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM. FURTHER, NEITHER SPONSOR NOR ENTRANT WILL HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR OTHER PERSONS SIMILARLY SITUATED, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT ENTRANT WOULD HAVE IF ENTRANT WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS SWEEPSTAKES. ENTRANT HEREBY WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEY’S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE. The arbitrator’s authority to resolve Claims is limited to Claims between Sponsor and entrant alone, and the arbitrator’s authority to make awards is limited to awards to Sponsor and entrant alone. Furthermore, claims brought by either party against the other may not be joined or consolidated in arbitration with Claims brought by or against any third party, unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore such exclusions may not apply to you. Notwithstanding any other provision in this Agreement and without waiving either party’s right to appeal such decision, should any portion of this provision be deemed invalid or unenforceable, then the entire provision (other than this sentence) shall not apply. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of prize. Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. The Sponsor is not responsible for: (i) error, 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 any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; (ii) any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in the Sweepstakes, or (iii) the failure of any third party to comply with the instructions and proper administration of this Sweepstakes. By participating in the Sweepstakes, entrants (i) agree to be bound by these Official Rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor and the independent judging organization, which are final and binding in all matters relating to the Sweepstakes. Failure to comply with these Official Rules may result in disqualification from the Sweepstakes. Sponsor reserves the right to: permanently disqualify from any sweepstakes it sponsors any person it believes has intentionally violated these Official Rules; and terminate the Sweepstakes or cancel the online entry portion if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Sweepstakes), and to select winners from among all eligible entries received prior to termination. LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL & CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
LIST OF WINNERS: For a list of winners (available after 3/31/16) send a stamped, self-addressed envelope (return postage not required for Vermont residents) by 3/31/16 to: 2015-2016 Kia Sales Rejecter Sweepstakes Winners, c/o: Ventura Associates International LLC – Attn.: DE (JDPA5655), 60 East 42nd Street, Ste. 650, New York, NY 10165.
OPT-OUT: To opt out of future survey offers from J.D. Power and Associates, please visit http://businesscenter.jdpower.com/OptOut.aspx
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