Kumho Tire – Win a trip to NBA All Star to celebrate 2017 Mardi Gras
Kumho All-Star Sweepstakes
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN AND A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. The following promotion is intended for participants in the United States only and shall be construed and evaluated according to the laws of the United States. Do not proceed in this promotion if you are not a legal resident of the United States. Further eligibility restrictions are contained below in these official rules (“Official Rules”) below.
1. DESCRIPTION: The “Kumho All-Star Sweepstakes” (the “Sweepstakes”) begins on or about Monday, January 9, 2017 and ends on Sunday, January 29, 2017 at 11:59:59 pm Eastern Time (“ET”) (the “Sweepstakes Period”). The Sponsor of this Sweepstakes is Kumho Tires U.S.A., Inc., 133 Peachtree St., NE Suite 2800, Atlanta, GA 30303 (“Sponsor”). The administrator of this Sweepstakes is Creative Zing Promotion Group, LLC (“Administrator”), 189 South Orange Avenue, Suite 1130A, Orlando, FL 32801. The Sponsor and Administrator will collectively be referred to as the “Sweepstakes Entities”. NBA Properties, Inc., NBA Media Ventures, LLC, the National Basketball Association and its member teams (collectively the “NBA Entities”) are not responsible for collection, submission or processing of entries, the administration or execution of the Sweepstakes, the selection of the winners, or the fulfillment of prizes. There are two (2) prizes available, as described in Section
2. ELIGIBILITY: Sweepstakes is open only to legal United States residents residing in the forty-eight contiguous United States and Washington, D.C. (EXCLUDING FLORIDA AND NEW YORK), who are physically located and residing therein and who are at least twenty-one (21) years of age at the time of entry (the “Entrant”). ENTRANT, IF SELECTED AS A WINNER, MUST BE AVAILABLE FOR PRIZE-RELATED TRAVEL ON DATES TO BE SELECTED BY THE SPONSOR, WHICH ARE CURRENTLY CONTEMPLATED AS FEBRUARY 17 – 20, 2017. Employees, owners, shareholders, officers and directors of Sweepstakes Entities, Sponsor’s local authorized dealers/distributors and each of their respective parent companies, affiliates, divisions, subsidiaries, agents, representatives, promotion and advertising agencies, the NBA Entities, and employees of any manufacturer of automobile tires, together with the immediate family members and/or those living in the same household of such persons (collectively, “Household Members”), are not eligible to participate in the Sweepstakes. For purposes of the Sweepstakes “Household Members” shall mean those people who share the same residence at least three months a year; “immediate family members” shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses; and employees of “authorized dealers and distributors” shall include individuals employed directly by the authorized dealer or distributor such as sales, mechanical, marketing, operations, and accounting staff. In the event of a dispute over the identity of an Entrant or potential winner in the Sweepstakes, the Entrant or potential winner will be deemed the authorized account holder of the email address associated with the entry. “Authorized Account Holder” is defined as the natural person in whose name the e-mail account was opened. In the event a dispute regarding the identity of an Entrant or potential winner cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. Entries will not be acknowledged except as provided herein. Sweepstakes prize is non-transferable and cannot be substituted, sold or bartered. Void in Alaska, Hawaii, Florida and New York and where prohibited or restricted by law.
3. HOW TO ENTER: During the Sweepstakes Period, go to http://kumhoallstarsweepstakes.com/ (the “Website”) and follow the on-screen instructions to fully and accurately complete the online entry form to automatically receive one (1) entry into the Sweepstakes. All entries must be received by 11:59:59 pm ET on Sunday, January 29, 2017. Additionally, each Entrant will be given the opportunity to receive e-mail updates from the Sponsor. PLEASE NOTE: AGREEING TO RECEIVE FUTURE E-MAIL UPDATES WILL NOT INCREASE CHANCES OF WINNING IN THE SWEEPSTAKES.
Limit one (1) entry per person per day. If entries exceed the entry limitations, the Entrant may be disqualified, at the Sponsor’s sole discretion. Entries generated by a script, macro or other automated means will be disqualified. Entrants must accurately provide all of the requested information to be eligible to win. Incomplete, unreadable, or unintelligible entries will be disqualified. ELIGIBLE ENTRANTS MUST SUBMIT THE REQUESTED ENTRY INFORMATION IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED. Participation in the Sweepstakes constitutes Entrant’s understanding of, full and unconditional agreement to, and acceptance of these Official Rules. Sponsor reserves the right to disqualify any Entrant that Sponsor determines to be in violation of any term contained in these Official Rules. Sponsor’s decision not to enforce a specific provision of these Official Rules does not constitute a waiver of that provision or of the Official Rules generally. Sponsor has the right to change the Sweepstakes Period, and all other dates or deadlines set in connection with this Sweepstakes, at any time and in its sole discretion and notice of any such change will be posted on the Website.
4. WINNER SELECTION AND NOTIFICATION: At the conclusion of the Sweepstakes Period, two (2) potential winners will be selected in a random drawing conducted by the Administrator from among all eligible entries received. The potential winners will be notified on or about Monday, January 30, 2017 at the email address and phone number associated with the entry. The potential winners will be required to respond (as directed) to the notification within twenty-four (24) hours (or a shorter time if required by exigencies) of attempted notification. The failure to respond within the stated time period may result in forfeiture of the prize. The potential winners will be required to verify address, sign, and return within two (2) days of initial notification one or more forms covering eligibility, liability, advertising and (unless prohibited by law) publicity rights and such other documents as Sponsor or Administrator may require (collectively, “Prize Acceptance Forms”). Failure to return the Prize Acceptance Forms within the specified time period may result in forfeiture of the prize and selection of an alternate potential winner from the remaining eligible entries, time permitting. Prizes will not be awarded and Entrant will not be confirmed as a winner until all such properly executed Prize Acceptance Forms are returned. Sweepstakes Entities, in their sole discretion, will attempt to contact up to three (3) potential winners of a prize in accordance with the above procedure, after which the prize in question may go unawarded if it remains unclaimed. The two eligible Entrants chosen in the above manner and who submit valid and properly completed Prize Acceptance Forms will be deemed a Sweepstakes winner (each a “Winner”). Sweepstakes Entities reserve the right to disqualify anyone not fully complying with the Official Rules. All federal, state and local taxes and any other costs and expenses, associated with the receipt or use of the prize are the sole responsibility of the winners. As required by law, an IRS Form 1099 will be issued in the name of the winners for the actual value of the prize received.
5. ODDS: Odds of winning depend on the number of eligible entries received during the Sweepstakes Period. NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN AND A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
6. PRIZE: There are two (1) prizes available. Each prize consists of a 4-day/3-night trip to New Orleans, LA (the “Trip”). The Trip will consist of the following: (a) Round-trip coach class airfare for Winner and one (1) guest from a gateway airport near the Winner’s permanent residence to an airport in close proximity to New Orleans (if Winner lives within a 200 mile radius of the destination, the Sweepstakes Entities may substitute airfare by providing ground transportation or a ground transportation allowance of $300); (b) Hotel accommodations for three (3) nights for the Winner and guest (one standard room; double occupancy, room & tax only); (c) two (2) Suite tickets to attend three (3) All-Star events (collectively, the “Events”) at Smoothie King Arena: 1) the Rising Stars Challenge on Friday, February 17; 2) All-Star night on Saturday, February 18; AND 3) the NBA All-Star Game on Sunday, February 19; and (d) $300 incidental expense spending allowance, awarded in the form of a general use gift card (gift card is subject to separate terms, conditions and restrictions which can be found on the back of the gift card). Approximate Retail Value (“ARV”) of each prize: $6,800.
Prize-related Travel is currently contemplated to take place February 17-20, 2017. All prize details are at the sole discretion of the Sweepstakes Entities. Winner’s guest must be at least twenty-one (21) years of age. Guest will be required to verify address and to execute a Travel Companion Release, as directed by the Administrator, prior to the travel departure date. Failure to return the executed Travel Companion Release within the specified time period may result in forfeiture of the Trip for the guest.
If the Events, or any portion of the Events listed in the prize description do not or cannot take place as scheduled or at all, for reasons included but not limited to scheduling conflicts, cancellations, postponement, or for any other reason, then assuming the Winners are willing and able to travel on the dates chosen by Sponsor for Prize-related travel, the Winners will receive the remaining components of the prize which shall constitute full satisfaction of Sponsor’s prize obligation to each such Winner, and no other or additional compensation will be awarded. Winner and his/her guest must travel together on same itinerary for the Trip. Winner and his/her guests agree to undertake the Trip at their own risk. All travel arrangements must be made through Sweepstakes Entities. Airline will be selected by Sweepstakes Entities in their sole discretion. Airline carrier’s regulations and conditions apply. Once Trip dates have been booked, no changes, extensions or substitutions are permitted, except at Sweepstakes Entities’ sole discretion. Sweepstakes Entities will not replace any lost or stolen tickets or travel vouchers. Any costs of travel exceeding the allowance provided herein shall be the sole responsibility of the winner. For the avoidance of doubt, winners shall be solely responsible for all costs, expenses, and incidentals associated with prize acceptance and use, including, but not limited to, additional ground transportation, meals, beverages, gratuities, phone calls, insurance, taxes, and any other expenses not specifically mentioned as being included. Once travel commences, no unscheduled stopovers are permitted; if an unscheduled stopover occurs, full airfare may be charged to the winner from stopover point for the remaining segments, including return, of the Trip. Sweepstakes Entities and the NBA Entities are not liable for any expenses incurred as a consequence of flight cancellation/delay. Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. Airline tickets are non-refundable/non-transferable and are not valid for upgrades. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. Winners are responsible for all applicable travel and other insurance, all applicable airport charges, including, without limitation, any baggage charges, airport taxes, fuel charges and any applicable Federal inspection fees. ALL FEDERAL, STATE AND LOCAL TAXES, AND ANY OTHER COSTS AND EXPENSES, ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER. Winners cannot assign or transfer the prize to another person. No cash alternatives or prize substitution is allowed except at the discretion of Sweepstakes Entities. If a prize cannot be awarded due to circumstances beyond the control of the Sweepstakes Entities, a substitute prize of equal or greater retail value may be awarded. Other restrictions may apply. Any depictions of prizes are for illustrative purposes only.
Trip Conduct: Each Winner and his/her guest shall conduct themselves with due regard to the prevailing conventions of public morals. While participating in the Trip, they shall not commit an offense involving moral turpitude under local laws or ordinances. Each Winner and his/her guest also agrees not to commit any act that would reasonably be regarded as tending to degrade the Sweepstakes Entities in society or bring the Sweepstakes Entities into public hatred, public disrepute, contempt, scorn, or ridicule, or that will tend to shock, insult or offend the community or public morals or decency or prejudice the Sweepstakes Entities. In the event a Winner or his/her guest engage in behavior that (as determined by Sweepstakes Entities in their sole discretion) is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, the Sweepstakes Entities reserve the right to terminate the Trip early and send such Winner and/or guest home with no further obligation related to the Trip or other parts of the prize.
Sweepstakes Entities maintain no control over the personnel, equipment, or operation of any air, water or surface carrier, transportation company, restaurant or venue (“Providing Party”) and Sponsor is merely an independent supplier of the Trip and is not in any way related to each Providing Party. The Sweepstakes Entities shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to (a) by wrongful, negligent, or unauthorized act or omission on the part of any of those Providing Parties or any of their agents, servants, employees or independent contractors, (b) by any defect in or failure of any vehicle, equipment, instrumentality, service, product, or accommodation that is owned, operated, furnished, or otherwise used by any of those suppliers, (c) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Sweepstakes Entities, or (d) by any cause, condition or event whatsoever beyond the control of the Sweepstakes Entities.
7. CONDITIONS OF PARTICIPATION/RELEASES: Sponsor, in its sole discretion, may designate the Administrator to handle winner selection, notification and fulfillment tasks on Sponsor’s behalf. All federal, state and local laws and regulations apply. By participating, each Entrant agrees to be bound by these Official Sweepstakes Rules and the decisions of the Sweepstakes Entities, which shall be final in all respects. Each Entrant (including each potential winner and the actual Winners) hereby releases the Sweepstakes Entities, the NBA Entities, Event host, Sponsor’s authorized dealers/distributors and each of their respective parent companies, affiliates, divisions, subsidiaries, agents, representatives, promotion and advertising agencies and each such company’s employees, owners, shareholders, officers and directors (collectively, the “Released Parties”) from any and all actions, claims, injuries, death, losses or damages arising in any manner, directly or indirectly, from participation in this Sweepstakes and/or acceptance or use of a prize. Winners hereby grants to the Sweepstakes Entities and the NBA Entities the irrevocable, royalty-free right and license to use his/her photo, video, name, voice, likeness, biographical data or information, city and state of residence and entry materials in advertising, marketing, programming, research or promotional activities, worldwide in perpetuity, and on a winner’s list, if applicable, without further compensation unless prohibited by law. Winners may be asked to participate in select publicity activities, as determined at the sole discretion of the Sweepstakes Entities. Sweepstakes Entities are not obligated to use any of the above mentioned information or publicity materials, but may do so and may edit such information or materials, at Sweepstakes Entities’ sole discretion, without further obligation or compensation. The Released Parties shall not be liable for: (i) any injuries, losses, liabilities or damages of any kind including personal injury or death caused by the prize or resulting from acceptance, possession or use of a prize including participation in any activity or travel related thereto, or from participation in the Sweepstakes; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) late, lost, delayed, stolen, misdirected, postage-due, incomplete, unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (v) any inability of a Winner to accept or use any prize (or portion thereof) for any reason and such prize or portion thereof shall be forfeited; or (vi) any printing, typographical, human administrative or technological errors in any materials or activities associated with the Sweepstakes. Sweepstakes Entities disclaim any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Sweepstakes. Sweepstakes Entities reserve the right, in their sole discretion, to cancel, modify or suspend the Sweepstakes (or any portion of the Sweepstakes) at any time for any reason or should a virus, bug, computer problem, unauthorized intervention, extenuating circumstance or other problem/cause corrupt or inhibit the administration, security or proper play of the Sweepstakes and, in such situation, will select the winner from eligible non-suspect entries received prior to and/or after such action or in such manner as deemed fair and appropriate by the Sweepstakes Entities. Sweepstakes Entities may prohibit Entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines Entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or any other unfair practices or intending to annoy, abuse, threaten or harass any other Entrants or Sweepstakes Entities representatives. ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE SWEEPSTAKES. SHOULD SUCH AN ATTEMPT BE MADE, SWEEPSTAKES ENTITIES RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY AWARD AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND 3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
8. INDEMNITY: Each Entrant (including each potential winner and the actual Winners) shall indemnify, defend and hold harmless the Released Parties from and against any and all claims, damages, actions, liability, loss, injury or expense, including reasonable attorneys’ fees and costs, arising out of or in connection with: (a) participation in the Sweepstakes; (b) a breach or allegation which if true would constitute a breach of any of the representations, warranties or obligations herein; and (c) acceptance, possession, grant, or use of any prize, including without limitation, personal injury, death and property damage arising therefrom.
9. GOVERNING LAW: Any and all disputes, claims and causes of action arising out of, or connected with, this Sweepstakes, including without limitation, any alleged violation of these Official Rules, any controversy relating to the arbitrability of any dispute, or any claim that the Sweepstakes, or any part thereof, is invalid, illegal or otherwise voidable (or void), shall be resolved exclusively by arbitration under the auspices of the American Arbitration Association and pursuant to its Commercial Dispute Resolution Rules and Procedures. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. This arbitration provision shall be deemed to be self-executing, and in the event that either party fails to appear at any properly noticed arbitration proceeding, an award may be entered against such party notwithstanding said failure to appear. In no event shall an Entrant seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of this Sweepstakes.
All issues and questions concerning the construction, validity, interpretation and enforceability of this Sweepstakes, or the rights and obligations of Entrants and Sweepstakes Entities, shall be governed by, and construed in accordance with, the laws of the State of Georgia, U.S.A., without giving effect to any choice of law or conflict of law rules (whether of the State of Georgia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Georgia.
11. WINNER LIST/OFFICIAL RULES: To obtain the names of the Winner or a copy of these Official Rules, send a request along with a stamped, self-addressed envelope to “Kumho All-Star Sweepstakes” Winner /Rules, 189 S. Orange Ave, Suite 1130a, Orlando FL 32801. Requests for the name of the Winners must be received no later than March 3, 2017.