2019 Kia VDS Vehicle Owner Sweepstakes
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NO PURCHASE OR SURVEY COMPLETION NECESSARY TO ENTER OR WIN.
A PURCHASE OR SURVEY COMPLETION WILL NOT IMPROVE YOUR CHANCES OF WINNING.
The 2019 Kia VDS Vehicle Owner Sweepstakes (the “Sweepstakes”) begins at 8:00:00 a.m. Eastern Time (“ET”) on 5/31/19 and ends at 11:59:59 p.m. ET on 8/9/19 (the “Promotion Period”).
ELIGIBILITY: The Sweepstakes is open to individuals who are legal residents of the 50 United States (including the District of Columbia), age 18 or older at time of entry; to whom this offer is specifically addressed and who own a Kia vehicle prior to the start of the Sweepstakes. Officers, directors, employees, agents and representatives of J.D. Power (the “Sponsor”), and its parent company, subsidiaries, affiliates, advertising and promotion agencies, retailers, distributors, Kia Motors Corporation (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 where prohibited by law.
PROMOTION DETAILS & HOW TO ENTER: The Promotion Period consists of two (2) Entry Period random drawings. To qualify for a given Entry Period random drawing, your entry must be received (or postmarked if entering by U.S. mail) by the deadline date provided for the applicable entry period (“Entry Period”) as defined in the chart below.
|Entry Period #:||Begins at 8:00:00 a.m. ET:||Ends at 11:59:59 p.m. ET:|
|1||May 31, 2019||June 27, 2019|
|2||July 15, 2019||August 9, 2019|
There are two (2) methods of entry:
To Enter via Method #1 (“Online”): Click on the URL provided in the offer you received and follow all onscreen instructions to complete and submit the survey (“online entry(ies)”). You must complete the survey in its entirety by the specified date in the offer you received in order to be entered into the Entry Period’s random drawing for which you qualify.
To Enter via Method #2 (“Mail”): To enter Sweepstakes without completing the survey, mail a postcard with your hand written name, address, phone number and email address (optional) to: 2019 Kia VDS Vehicle Owner Sweepstakes Entries, P.O. Box 9306, Medford, NY 11763-9306 (“mail-in entry(ies)”). All mail-in entries must be handwritten; postmarked during the applicable Entry Period you wish to enter and received 7 days thereafter to qualify for inclusion in the applicable Entry Period’s random drawing.
If no entries are received for a given Entry Period, that Entry Period’s prize will not be awarded. Limit: One entry per person per Entry Period, regardless of method of entry. Duplicate entries will be disqualified. Photocopied, illegible, incomplete or mechanically reproduced entries are not eligible. Sponsor is not responsible for lost, late, illegible, incomplete, damaged, misdirected or postage due mail/entries. All entries and requests become the property of Sponsor and will not be acknowledged or returned. Entry materials that have been tampered with or altered are void. 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.
PRIZES: One (1) prize will be awarded per Entry Period random drawing. Each eligible winner will receive a $1,000 cash prize awarded in the form of a corporate check. Limit: One prize per winner/household over the course of the Promotion Period. Prizes are non-transferable.
ODDS: Odds of winning depend on number of eligible entries received during each Entry Period.
SELECTION OF WINNERS: Each potential winner will be determined in a random drawing from among all eligible entries received for a given Entry Period. Each Entry Period’s random drawing will be conducted on or about four (4) business days after the deadline date for each Entry Period by Ventura Associates Int’l LLC, an independent judging organization (“judges”), whose decisions are final and binding in all matters relating to this Sweepstakes. Each potential winner will be notified by e-mail, first class mail and/or telephone on or about three (3) business day after each Entry Period’s random drawing is conducted, and will be required to complete, sign and return an Affidavit of Eligibility, Liability Release and Publicity Release (collectively, “Release”) within ten (10) days of date specified on notification. If a potential winner fails to complete, sign and return the Release within ten (10) days, or if said e-mail and/or mail is returned as undeliverable, or if potential winner is otherwise found to be ineligible, or if the potential winner cannot accept or receive the prize for any reason, the potential winner will forfeit all rights to the prize and an alternate winner may be selected and subject to the notification and disqualification procedure stated in these Official Rules. The Sponsor reserves the right to modify the notification procedures stated herein with the selection of an alternate winner, if any. At Sponsor’s discretion, if after 5 attempts a winner is not confirmed, the corresponding prize will not be awarded. If a potential winner is considered as an eligible minor in his/her state of primary residence, a parent or legal guardian will be required to execute Release on winner’s behalf. Each winner will also be required to furnish his/her taxpayer identification number information before the awarding of any prize to comply with IRS tax reporting requirements. All federal, state, local and income taxes or other expenses relating to the use, misuse, acceptance and possession of any prize are the sole responsibility of each winner. Prizes will be fulfilled within thirty (30) days from date of verification of a potential 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. Each winner assumes 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 prize won.
GENERAL & LIMITATIONS OF LIABILITY: Entrants, including if confirmed as a winner, 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 (“Releasing Parties”), release, defend and hold harmless the Sweepstakes Entities, as well as the employees, officers, directors and agents of each (“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 a prize (if entrant is verified a winner). 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 a verified winner, the 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.
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 any 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 website 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 judges. 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 the affected method of entry if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Sweepstakes), or to select winners from among all eligible entries received during the Promotion Period 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.
WINNERS’ LIST: For a list of winners, send a self-addressed stamped envelope (return postage not required for Vermont residents) by 9/9/19 to: 2019 Kia VDS Vehicle Owner Sweepstakes Winners, c/o: Ventura Associates International LLC – Attn.: DE-JDPA6524, 494 Eighth Avenue, Suite 1700, New York, NY 10001.
OPT-OUT: To opt out of future survey offers from J.D. Power, please visit https://telljdpower.com/optout
PRIVACY: To learn more about the ways Sponsor may use and share your information and about your privacy choices, read the J.D. Power Privacy and Cookie Notice at https://www.jdpower.com/privacy.
SPONSOR: J.D. Power, 30870 Russell Ranch Road, Suite 300, Westlake Village, CA 91362.