NBA.com – Win a 2016 Kia Optima LX valued at $21,840 and more instant prizes by December 21, 2015 – INSTANTLY!
HOLIDAY GIFT PROMOTION
ENDING ON 12/21/15 at 11:59:59 PM ET
1. PROMOTION PERIOD:
The NBA.com Holiday Gift Promotion begins on 12/1/15 at 12:00:00 PM Eastern Time and ends on 12/21/15 at 11:59:59 PM ET
The Promotion is only open to legal residents of the fifty (50) U.S. states and the District of Columbia (excluding residents of Puerto Rico, and all other U.S. territories and possessions) who are at least the legal age of majority in the state in which they reside (19 in NE and AL, 21 in MS, and 18 in all other states) as of the date of entry.
Void in Puerto Rico, all other U.S. territories, possessions and where prohibited. Subject to all applicable federal, state and local laws. The information you provide as detailed below will only be used for Promotion purposes.
3. HOW TO PARTICIPATE:
In the event of a dispute as to the identity of an entrant based on the email address submitted, entry will be awarded to the person named on the applicable registration form (regardless of whether that is the name of the authorized account holder of the email address from which said registration was submitted) and he/she must comply with these Official Rules. Released Parties are not responsible for late, lost, stolen, incomplete, misdirected, delayed, garbled, inaccurate, or undelivered entries, access numbers, prize claims, or for telephonic, human or computer failures, problems or errors, interruptions in service due to system upgrades, repairs, modifications or other causes, failures or malfunctions of connections, satellite, network, cable, Internet Service Provider (ISP), phones, phone lines or telephone systems, traffic congestion on the internet, technical or mechanical malfunctions, or other malfunctions or errors, whether caused by equipment, programming, human error or otherwise relating to or in connection with the Promotion, including, without limitation, errors which may occur in connection with the administration of the Promotion, the processing of Game Plays, entries or prize claims, the announcement of the prizes, or any injury or damage to participant’s or any other person’s computer relating to or resulting from participation in this Promotion, or for printing, typographical, human or other errors appearing in these Official Rules or other Promotion-related materials. Sponsors are not responsible for any damage to any entrant’s computer system/software related to or resulting from participation or downloading any materials in this Promotion.
4. INSTANT WIN GAME/ODDS OF WINNING:
Two thousand five hundred thirty four (2,534) Instant Win Prizes are randomly seeded throughout the Promotion Period by time and are subject to verification and these Official Rules. Instant Win Game is not skill-based. If Submit button is clicked at a randomly selected winning time (determined by Sponsors) or if no one clicks “Submit” at such time and you are the first to play thereafter (determined by Sponsors) during the Promotion Period, you are a potential Instant Win Prize winner. If you are an Instant Win Prize winner (prize award subject to verification of eligibility, winning Game Play and compliance with the terms of these Official Rules), follow the instructions provided to claim your prize. Incomplete prize claims will not be processed. The use of script, macro or automated devices (or any other devices intended to automate any aspect of participation) is prohibited. If Sponsors, in their sole discretion, determine that an entrant has used an automated or similar device to participate or is in violation of these Official Rules, all Game Plays/entries and prize claim from that entrant or e-mail address will be void. Odds of winning depend on the number of eligible Game Plays received during the Instant Win Promotion Period and the timing of such Game Plays. Only the published number of prizes stated in these Official Rules will be awarded. In the event for any reason, including technical, computer, seeding, human or other errors, the number of winning messages issued exceeds the number of prizes listed in these Official Rules, Sponsors reserve the right to conduct a random drawing from among all individuals who received a prize winning message to award the listed number of prizes. Unclaimed Instant Win Prizes will be awarded in the Second Chance drawing outlined below.
5. SECOND CHANCE DRAWING:
Unclaimed Instant Win Prizes with a value over $25 in the Promotion (if any) will be awarded in a Second Chance random drawing conducted by Administrator on or about 1/5/16 from among all eligible, non-winning game plays received. Odds of winning a prize in the Second Chance Drawing depend on the number of unclaimed prizes and eligible non-winning game plays received. Potential winner(s) of the Second Chance Drawing will be notified by email and will be required to execute and return an Address Confirmation Form within five (5) days of date of issuance of notification and fulfill all requirements imposed on winners set forth herein. Noncompliance with the above time period, with these Official Rules, the inability of Sponsors to contact a potential winner within a reasonable time period or the return of prize or prize notification as non-deliverable, may result in disqualification and, at Sponsors’ discretion, an alternate winner being selected. By participating, entrants agree to be bound by the terms of these Official Rules and the decisions of the Sponsors and judges, which are final and binding in all matters relating to this Promotion.
6. GRAND PRIZE DRAWING/ODDS OF WINNING:
The potential “Grand Prize Winner” will be selected in a random drawing conducted on or about 12/22/15 from among all eligible entries received for the duration of the entire Promotion Period. Drawing will be conducted by Administrator, an independent judging organization whose decisions are final and binding in all matters relating to the Promotion. Odds of winning will depend on the number of eligible entries received. The first randomly selected potential Grand Prize winner that answers a telephone call placed by tD notifying him/her of his/her potential winning status and who agrees to accept such prize will be declared the Grand Prize winner, subject to verification of eligibility and the terms of these Official Rules. Messages will not be left on answering machines or with live persons and if an individual declines prize or is not available for any reason when called, his/her prize opportunity will be forfeited and, at Sponsor’s discretion, an alternate winner will be selected.
7. PRIZES: ONE (1) GRAND PRIZE:
2016 Kia Optima LX. Approximate retail value (“ARV”): $21,840. Grand Prize winner is responsible for vehicle registration, license, title and insurance fees and for all costs associated with any available upgrade/option packages and any other expenses related to the acceptance and use of the prize not specified herein. Winner must take delivery of Grand Prize vehicle within 30 days of notice of availability from the Kia dealership near winner’s residence designated by Administrator, or the Grand Prize vehicle will be forfeited. Grand Prize winner shall be required to personally accept delivery of the vehicle at the designated dealership and present adequate personal identification. Released Parties are not responsible for delays in delivery of the vehicle. Grand Prize winner will be required to provide proof of possessing a valid U.S. automobile driver’s license in good standing as well as appropriate automobile motor vehicle insurance prior to the vehicle being awarded. If the Grand Prize winner fails to provide such proof of possessing a valid automobile driver’s license and/or appropriate automobile motor vehicle insurance within five (5) days of prize notification, the Grand Prize will be forfeited and the prize may be awarded to an alternate winner. Grand Prize winner shall bear all risk of loss or damage to his/her vehicle after he/she has taken delivery of vehicle. Exact model, color, and options of vehicle and exact vehicle to be awarded are at the sole discretion of Kia and subject to availability from manufacturer. EXCEPT AS STATED IN THE MANUFACTURER’S LIMITED WARRANTY FOR THE VEHICLE, THE RELEASED PARTIES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OR ENJOYMENT OF THE VEHICLE, INCLUDING, WITHOUT LIMITATION, THEIR QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Grand Prize winner acknowledges and agrees that installations or alterations to the vehicle’s original equipment or chassis as distributed by Kia may void the Kia New Vehicle Limited Warranty. Vehicle pictured in any advertising surrounding this Promotion may not be the actual vehicle awarded. All prize details are at Kia’s sole discretion.
TWO THOUSAND FIVE HUNDRED THIRTY FOUR (2,534) INSTANT WIN PRIZES:
Subject to a sufficient number of participants the following Instant Win Prizes will be randomly awarded during the Promotion Period: Ten (10) Game Ticket Prizes: Two (2) tickets to a 2015-16 regular season NBA game in any one (1) team market (to be determined by Sponsors). Travel to and from game is not included in prize and is each winner’s sole responsibility. ARV=$150 each. Fourteen (14) Video Game Prizes: One (1) NBA2K16 game (ARV= $59.99). Ten (10) JBL Clip+ Portable Speaker Prizes: One (1) JBL Clip+ Portable Speaker. ARV=$49.95. JBL Clip+ product colors ay vary. Two thousand five hundred (2,500) Gift Codes: $25 NBAstore.com Gift Codes. All prize details, including, without limitation, make/model of prizes, are at Sponsors’ sole discretion. Prize details are subject to change at Sponsors’ sole discretion. Prizes are awarded “as is” without warranty or guarantee either express or implied by Sponsors. Any and all warranties and/or guarantees (if any) shall be subject to the manufacturer’s terms therefore (each winner agrees to look solely to such manufacturer and/or dealer for any such warranty and/or guarantee, if any). Gift Codes subject to certain terms and conditions. Limit one Instant Win Prize per person and per e-mail address per day. Total ARV of all prizes to be awarded in this Promotion: $87,179.36.
8. PRIZE AWARDING AND NOTIFICATION:
No transfers, cash awards, or prize substitutions are permitted, except by Sponsors. Sponsors reserve the right to substitute a prize with one of comparable or greater value, at their sole discretion. The potential Grand Prize Winner will be notified by email and/or telephone and will be required to execute and return an Affidavit of Eligibility, Liability and Publicity Release (where legal) and required tax documents within one (1) day of date of issuance of notification. If a potential Grand Prize Winner cannot be contacted; is ineligible according to these Official Rules; fails to return the required documents within the specified time period; prize notification is returned as undeliverable; decides to decline his/her prize for any reason whatsoever; or fails to fully comply with these Official Rules, he/she will forfeit his/her prize and the prize may be awarded to an alternate Grand Prize Winner from among all remaining eligible entries received for the applicable drawing, in the Sponsors’ sole discretion. Once the official paperwork is received within the specified time period, verified, and receives final approval by Promotion Entities, then and only then will a potential Grand Prize Winner become an actual winner. The Instant Win Prizes with the exception of the Gift Codes, will be fulfilled six (6) to eight (8) weeks after a potential winner has been selected and verified. The Gift Codes will be awarded via email within five (5) days of winning. All prize awards are subject to verification of eligibility and compliance with these Official Rules.
Participants agree to comply with these Official Rules and the decisions of the Sponsors, which are final and binding. Winners, by accepting a prize, consent to the use of their name, city and state of residence and photographs for advertising, promotional and other purposes by Sponsors and their designees (“Advertising”), in any and all media now or hereafter devised worldwide in perpetuity without limitation and without additional compensation, notification or permission, unless prohibited by law. All copyright, trademark or other intellectual property rights in such Advertising shall be owned by Sponsors or their licensors and winning entrants hereby disclaim and waive any claim of right to such Advertising. Such Advertising shall be solely under control of Sponsors or their licensors, and winners hereby waive any claim of control over the Advertising content as well as any possible claims of misuse of winner’s name, likeness or voice under contract, tort or any other theory of law.
By participating in the Promotion, or receiving of any prize, entrant agrees to and does hereby indemnify, release and hold harmless, the Promotion Entities and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize. All entrants agree, as a condition of participation in this Promotion, that Released Parties are not liable for any injuries, losses or damages of any kind (whether due to negligence or otherwise) to person(s), including death, or property arising in whole or in part, directly or indirectly in connection with accessing the web site, participation in any aspect of this Promotion or the acceptance, possession, misuse and use of the prize or participation in this Sweepstakes including any travel or related activities associated with the foregoing.
Sponsors reserve the right to disqualify any person and void registrations, Game Plays, and/or entries of any person who it believes has tampered with the entry process or any other component of this Promotion, whose conduct or actions affect the administration, integrity, security, fairness or proper conduct of this Promotion, or who is in violation of these Official Rules. Sponsors also reserve the right, in their sole discretion, to void suspect registrations or Promotion entries and/or to cancel this Promotion (or portion thereof) should virus, bugs, non- authorized human intervention or other causes corrupt or impair the administration, security, fairness or proper play of the Promotion or for any other reason, as determined by Sponsors and, in the event the Promotion is cancelled, at their discretion, randomly select the potential winners for the drawing(s) at issue from among all eligible, non-suspect Promotion entries received for the drawing(s) at issue prior to event requiring such action. In the event of a dispute as to the identity of a participant, Promotion entries will be deemed to be made by the participant whose name is on the registration form, regardless of whether he/she is the authorized account holder of the email address associated with the Promotion entry. CAUTION: Any attempt to damage the Web Site or undermine the legitimate operation of this Promotion is a violation of criminal and civil laws and should such an attempt be made, Sponsors reserve the right to seek damages and other remedies (including attorneys’ fees) from such individual to the fullest extent permitted by law.
Except where prohibited by law, as a condition of participating in this Promotion, participant agrees that (1) any and all disputes and causes of action arising out of or connected with this Promotion, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held in New York County, New York; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e., costs associated with participating in this Promotion), and participant further waives all rights to have damages multiplied or increased.
11. CHOICE OF LAW:
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant and Sponsors in connection with the Promotion, shall be governed by, and construed in accordance with, the substantive laws of the State of New York, USA.
12. LIST OF WINNERS:
For the names of the winners, visit winners.teamdigital.com/HolidayGifts no later than 3/7/16.
NBA Properties, Inc., 645 Fifth Avenue, New York, NY 10022.
Kia Motors America, Inc., 111 Peters Canyon Rd., Irvine, CA 92606.
teamDigital Promotions, Inc., 6 Berkshire Blvd, Bethel, CT 06801.
JBL is a registered trademark of Harman International Industries, Incorporated, registered in the United States and other countries