KIA VET DRIVE SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
PRIZES AWARDED MUST BE UTILIZED ON SPECIFIC DATES OUTLINED IN THE SECTION “DRAWING DATES” AS SET FORTH BELOW.
GENERAL
The Kia Vet Drive Sweepstakes (the “Sweepstakes”) will begin on November 20, 2017, at 9:00 a.m. ET and will end on March 4, 2018, at 11:59 p.m. ET (the “Sweepstakes Period”). Before entering the Sweepstakes, each entrant must review and agree to be bound by the Sweepstakes “Official Rules” as set out below. By entering the Sweepstakes, entrants accept and agree to be bound by the Official Rules, and accept the decisions of NESN (the “Sponsor”) as final and binding in all respects.
ELIGIBILITY
The Sweepstakes is open only to Eligible Veterans (as defined herein) of the United States Military, who are, as of the time and date of entry: legal residents and physically located in one of the following states: Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island or Vermont, 18 years of age or older, and have a valid email address. “Eligible Veterans” means those persons who have served for the full period in which they were called and were honorably discharged, or those that were discharged early for a service- connected disability, from the United States Navy, Army, Air Force, Marine Corps or Coast Guard (collectively, the “U.S. Military”) and can present their DD-214 or NGB-22 to verify their Veteran status.
Employees, officers and directors of New England Sports Network (the “Sponsor”), Kia Motors America, Inc., and their respective affiliates, dealerships, parent companies, subsidiaries, advertising and promotion agencies (collectively, “Sweepstakes Entities”) (including immediate family members or those living in the same household of each) are not eligible to enter or win the Sweepstakes. For purposes of this Sweepstakes, immediate family members are defined as spouse, partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren and those living in the same household shall mean people who share the same residence at least three (3) months a year, whether legally related or not.
HOW TO ENTER
Visit NESN.com/Kia and completely fill out the Sweepstakes registration form with your name, zip code, TV provider, and email address. To be eligible, online entries must be received during the Sweepstakes Period. Entrants must provide all required information requested in the entry form in order to participate in the Sweepstakes.
Only one (1) entry per person during the Sweepstakes Period will be accepted. No purchase or obligation necessary to enter or win the Sweepstakes. Void where prohibited by law. Incomplete or illegible entries are not eligible. All entries become property of the Sponsor and will not be acknowledged or returned. Duplicate entries will be disqualified. Use of automated devices is not valid for entry. Subsequent attempts made by the same individual to submit multiple entries by using multiple or false contact information, accounts or otherwise may result in the entrant being disqualified. Sponsor is not responsible for any computer malfunctions, website tampering or any technical difficulties that may occur. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified. Entries that are in excess of the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at Sponsor’s sole and absolute discretion. Entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. The Sponsor’s designated database clock will be the official timekeeper for this Sweepstakes. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsor may be disqualified.
DRAWING DATES/DEADLINE
Three (3) drawings will be conducted to randomly select one (1) winner from all eligible entries received before each Drawing Date. The drawings will take place according to the following schedule:
Drawing Date Prize Date
December 26, 2017 January 17, 2018
January 29, 2018 February 13, 2018
March 5, 2018 March 19, 2018
Entries not selected in an earlier drawing will be carried over to the next Entry Period and shall be eligible for the next drawing. Odds of winning depend upon the number of eligible entries received at the time of each drawing. All decisions of Sponsor regarding the Sweepstakes are made in the Sponsor’s sole discretion and are final in all respects.
PRIZES (3)
Three (3) prize winners (one (1) for each drawing) will receive a NESN VIP Hockey Experience for 4 according to the prize dates listed above in the Drawing Dates section. VIP Experience includes a meet and greet with NESN’s announcers at the arena and four (4) tickets to attend the game. Retail value of each prize is $540. Winners will be responsible for all expenses not specifically included herein, including, but not limited to, all applicable federal, state and local taxes, transportation and/or parking. An IRS Form 1099 may be issued in the name of winners for the actual value of the prize(s) received. Unclaimed prize(s) will be forfeited. Prize(s), if legitimately claimed, will be awarded. The Sweepstakes Entities are not responsible for and will not replace any lost, mutilated or stolen prize(s) or any prize that is undeliverable or does not reach the winner because of an incorrect or changed address. If a winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and the Sweepstakes Entities will have no further obligation with respect to that prize or portion of the prize. No more than the stated prize(s) will be awarded. Prize is non-transferable and no substitution by winners or cash equivalent is allowed. Sponsor reserves the right, at its sole discretion, to substitute a prize (or portion thereof) with one of equal or greater value or change the date of any prize. Limit of one (1) prize per person.
If, for whatever reason, the event associated with the prize is cancelled after the prize is awarded, Sponsor’s liability for the prize is limited only to the non-event portions of the prize. No compensation will be paid in lieu of the cancelled event. The tickets to the event are subject in all respect to the terms and conditions set forth on the tickets and any requirements of the facility hosting the event. Seat locations (if applicable) will be determined by Sponsor. The winner is strictly prohibited from selling, auctioning, trading or otherwise transferring the tickets unless Sponsor consents in writing. In the event a prize winner (and/or his or her companion(s) (if applicable)) engage in behavior that (as determined by Sponsor or any prize provider in its or their sole and absolute discretion) is obnoxious, inappropriate, or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the applicable experience early. Decisions regarding the conduct of the winner(s) and guest (if applicable) in all aspects of their participation in the prize event/activity will be in the sole discretion of Sponsor, and any of Sponsor’s representatives and final and binding in all respects. Winner(s) and guest(s) may be removed or disqualified from participating in any aspect of the prize for any reason at any time, including, without limitation, creating an unauthorized disturbance, interruption or unnecessarily rough physical contact, creating the potential for injury or property damages, or for any unhealthy, unsafe, unlawful, or inappropriate act. If a winner or guest who, in the opinion of Sponsor or any of Sponsor’s representatives, is considered a physical or mental threat to the well-being of any other individual, he/she may be removed from any premises relating to the prize and winner consents to such removal.
PRIZE WINNER NOTIFICATION
Potential prize winners will be notified by email on or around the Drawing Date. In the event the Sponsor is unable to contact a potential winner despite reasonable efforts to do so, as determined in the Sponsor’s sole discretion, such potential winner’s prize will be forfeited and an alternate winner may be chosen by the Sponsor. The Sweepstakes Entities are not responsible for false, incorrect, changed, incomplete or illegible contact information. All potential prize winners will be required to sign and return an Affidavit of Eligibility, Liability and Publicity Release (“Affidavit”) within 5 days of being notified before accepting the prize or the prize will be forfeited and awarded to an alternate winner. The Sweepstakes Entities are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s email account to receive email messages.
The Winner must prove he or she is the qualified winner by presenting identification acceptable to the Sponsor to prove his or her status as an Eligible Veteran. If a winner cannot prove he or she is a qualified winner, the prize will not be awarded. If a winner declines the prize, another potential winner may be selected from the eligible entries received as time allows. If any potential prize winner fails or refuses to sign and return such Affidavit within the time period required by Sponsor or if the prize or prize notification is returned as rejected, faulty, unclaimed or returned as undeliverable to such potential prize winner, such potential prize winner may be disqualified and an alternate may be selected. Non-compliance shall result in disqualification and award of the prize(s) to an alternate winner. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules, or if the potential prize winner cannot attend or participate in any portion of the prize, or declines a prize for any reason prior to award, such potential winner may be disqualified and an alternate potential winner may be selected. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. The Sweepstakes Entities are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential winners.
CONDITIONS AND RELEASE
This Sweepstakes is void outside of Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and Vermont and where prohibited by law and subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Sweepstakes Entities in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of Massachusetts, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws. By entering, entrants agree to these Official Rules and the decisions of the Sponsor, which are binding and final, and release, defend, indemnify and hold harmless Sponsor, Kia Motors America, Inc., and their respective divisions, affiliated dealerships, affiliates, parent companies, subsidiaries, advertising and promotion agencies and anyone associated with the production of this Sweepstakes, and their respective directors, officers, employees and agents from any and all liability for any claims, injuries, losses or damages (including attorney’s fees) of any kind arising out of: (i) their participation in this Sweepstakes or resulting from acceptance, possession, receipt, use or misuse of prize (including travel to/from any Sweepstakes activity); (ii) the violation of rights of publicity or privacy, claims of defamation or portrayal in a false light or based on any claim of infringement of intellectual property; and (iii) any typographical, human or other error in the printing, offering, selection, operation or announcement of any Sweepstakes activity and/or prize. Entrants agree that these entities are in no matter responsible for any warranty, representation or guarantee, expressed or implied, in fact or in law, relating to the Sweepstakes and/or the awarding of any prize. Each entrant agrees that, by entering the Sweepstakes, (i) any and all disputes, claims, and causes of action arising out of or in connection with the Sweepstakes, or any prizes awarded, shall be resolved individually without resort to any form of class action; (ii) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorney’s fees; and (iii) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses. The potential prize winner waives the right to assert as a cost of winning the prize any and all costs of verification and redemption or travel to redeem said prize and waives any liability or claims (including attorney’s fees) which might arise from redeeming or seeking to redeem said prize. In the event of non-compliance with these Official Rules, or if prize notification is returned to Sponsor as undeliverable, if prize is refused or the prize is not accepted for any reason within five (5) business days of prize notification, the prize will be forfeited and an alternate winner will be selected in a random drawing. Upon forfeiture, no compensation will be given. Subject to applicable law, acceptance of prize constitutes permission for the Sweepstakes Entities, to use each winner’s name, voice, photograph, likeness and/or statements attributed to winner regarding Sweepstakes, for advertising and publicity purposes, worldwide, in perpetuity, without further obligation, notice, compensation or consent except for the awarding of the prize(s) to the winner(s).
DISPUTE RESOLUTION
The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in Middlesex County, Massachusetts and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Middlesex County, Massachusetts. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Middlesex County, Massachusetts. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
INTERNET
It is the entrant’s responsibility to enter in the appropriate manner. Each entrant is responsible for all costs or charges involved in accessing the NESN.com website and warrants that the cost of accessing the site, if any, is part of a larger agreement with an Internet Service Provider or some other means, and that the cost of this access is not an incremental cost. If for any reason the Internet portion of the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, 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. Should the online portion of the Sweepstakes be terminated prior to March 4, 2018, finalists will be drawn from eligible entries received online up to the time of cancellation and eligible entries received by mail to entry end-date. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft, or destruction or unauthorized access to, or alteration of entries. Sponsor is not responsible for any problems or technical malfunctions of any telephone network or lines, computer online systems, services or providers, computer equipment, software, failure of any email or entry to be received due to technical problems or traffic congestion on the Internet or at any web site, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer related to or resulting from participation or downloading of any material in this Sweepstakes. CAUTION: Any attempt by an entrant to 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, sponsors reserve the right to seek damages from any such person to the fullest extent permitted by law. In the event of a dispute, entries made by Internet 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, online 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. Winners may be required to show proof of being the registered account holder. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible.
WINNER’S LIST
To obtain the names of the winners, mail a stamped, self-addressed envelope (to arrive by April 30, 2018) to NESN’s Kia Vet Drive Winners, 480 Arsenal Way, Building #1, Watertown, MA 02472.
SPONSOR
Sweepstakes is sponsored by New England Sports Network (“NESN”), 480 Arsenal Way, Watertown, MA 02472.
PRIVACY POLICY
Any questions regarding privacy matters should be directed to the address set out below. Please refer to Sponsor’s privacy policy on http://www.nesn.com for important information regarding the collection, use and disclosure of personal information by Sponsor including information provided by entrants in connection with this Sweepstakes. As a condition of entering the Sweepstakes, each entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Sweepstakes and to comply with applicable laws, regulations and rules. Any information entrant provides to Sponsor may be used to communicate with entrant in relation to this Sweepstakes or on a Sweepstakes winner’s list.
FORCE MAJEURE
The failure of Sponsor to comply with any provision of these Official Rules due to an act of god, hurricane, war, terrorism, fire, riot, earthquake, actions of governmental authorities outside the control of Sponsor or other force majeure event shall not be considered a breach of these Official Rules. Sponsor additionally reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Sweepstakes should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Sweepstakes; or (b) to disqualify any entrant found to be, or suspected of: (i) tampering with the entry process or the operation of the Sweepstakes; (ii) acting in violation of these Official Rules; or (iii) acting in an un-sportsmanlike manner.
MISCELLANEOUS
The invalidity or unenforceability of any provision of these Official Rules or the Affidavit will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Affidavit 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. Sponsor’s 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. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, privacy policy or terms of use on any website, social media platform or application and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.