Xbox Kinect Kia Optima sweepstakes official rules
XBOX KINECT Kia Optima SWEEPSTAKES with DESTRUCTOID
Official Rules
No Purchase Necessary to enter or win. A Purchase will not Increase Your Chances of Winning.
Odds of winning will depend on the total number of eligible entries received. Void where prohibited by law. Internet access and online entry is required. Entry via blog comment on Destructoid.com is required.
BY ENTERING OR OTHERWISE LEAVING A BLOG COMMENT ON DESTRUCTOID.COM IN CONNECTION WITH THE SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SWEEPSTAKES ENTITIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
Eligibility: Kia Optima Sweepstakes with Destructoid (the “Sweepstakes”) is open only to individuals who are legal residents of the fifty (50) United States or the District of Columbia, who are (18) years of age or older at the time of entry. Employees, directors and officers of Kia Motors America, Inc., Destructoid.com, ModernMethod and each of their respective advertising or promotion agencies, those involved in the production, development, implementation or handling of the Sweepstakes, any agents acting for, or on behalf of the above entities, and each of their respective parent companies, subsidiaries, affiliates, dealerships, distributors, licensees, service providers, prize suppliers any other person or entity associated with the Sweepstakes (collectively “Sweepstakes Entities”) and/or the immediate family (i.e., spouse, parents, legal guardians, siblings, in-laws, grandparents, grandchildren and children) and household members (whether related or not) of each such employee, director or officer are not eligible to enter or win. Void where prohibited by law.
Sponsor: The Sweepstakes is both sponsored and administered by Fanscape, Inc., 360 N. La Cienega Blvd., 3rd Floor, Los Angeles, CA 90048 (“Sponsor”).
Agreement to Official Rules: Entering or otherwise participating in the Sweepstakes, constitutes entrant’s full and unconditional agreement to and acceptance of these “Official Rules” and the decisions of the Sponsor, including the interpretation of these Official Rules and its exercise of discretion, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.
Entry Period: The Sweepstakes begins at 12:01 A.M. Pacific Time (“PT”) on April 11, 2011 and ends at 11:59 P.M. PT on April 18, 2011 (the “Entry Period”). Entries submitted before or after the Entry Period will not be eligible.
How to Enter: To enter the Sweepstakes, entrants may enter by visiting Destructoid.com (the “Website”) and follow all on-screen instructions to a comment in the blog post that advertises this Sweepstakes. To post a blog comment, entrants must first be a registered user of the Website, or connect using their Facebook log-in information. Registering with the Website or with Facebook is free. There is a limit of one (1) comment entry per person for the entire Entry Period. Posting of a comment will result in one (1) entry. The use of any scripts, computer programs, robotic repetitive, macro, automatic, programmed or similar automated entry methods or agents to submit entries will void all entries submitted by that person or that person’s agents. All entries must be received by the end of the Entry Period to be eligible. Entries that are incomplete, illegible, corrupted, 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. Illegible and/or incomplete entries and entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void.
Drawing/Odds: At the conclusion of the Sweepstakes, Sponsor will select the name of one (1) potential winner in a random drawing of all eligible entries received during each Entry Period in accordance with these Official Rules. The odds of being selected as a potential winner depend on the number of eligible entries received during the Entry Period. Potential winner will be contacted via email and will be asked to provide his/her full name, date of birth and mailing address within a specified time period. If a potential winner does not respond within the timeframe stated in the notification email, we may select an alternate potential winner in his/her place at random from all entries received during the Entry Period.
Requirements of Potential Winner: Potential winner will be notified by the e-mail address associated with his/her account on destructoid.com.com and/or receive a private message on destructoid.com.com (if applicable) or Facebook message. Potential winner has seven (7) days from the original message alerting them of their winnings to respond and claim their prize. Prize will default to the next randomly selected winner if no claim is made within seven (7) days. If potential winner cannot be reached after a reasonable effort has been exerted, if he/she is found to be ineligible, if he/she cannot or does not comply with these Official Rules, and/or if his/her prize is returned as undeliverable, such potential winner will be disqualified, and an alternate potential winner may be selected (at Sponsor’s sole discretion) from all eligible entries received using the same process set forth in paragraph 6. Potential winner is not official and confirmed as a winner until he/she has completed, signed and returned all required documentation, including, but not limited to, an Affidavit of Eligibility, Publicity Release (except where prohibited by law) and Liability Waiver, and the eligibility of the potential winner has been verified. Potential winner must complete and return all necessary forms. Forms must be received within thirty (30) days after notification of winning. If a potential winner does not complete all forms necessary within the time given, he/she will forfeit the prize and an alternate winner may be chosen at Sponsor’s discretion using the same process set forth in paragraph 6. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules, or declines a prize for any reason prior to award, such potential winner may be disqualified and an alternate potential winner may be selected (in Sponsor’s sole discretion). 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, or if potential winner is a minor, for late, lost, misdirected, or unsuccessful efforts of potential winner to provide signed parental or guardian.
Prizes: There will be one (1) grand prize consisting of the following: Xbox 360 with Kinect (ARV: $299.00); Xbox LIVE 12-month Gold Card (ARV: $59.99); Kinect Sports (ARV: $49.99); No cash or other substitution may be made, except by the Sponsor, who reserves the right to substitute a prize with another prize of equal or greater value if the prize is not available for any reason as determined by the Sponsor, in its sole discretion. The winner of the grand prize is responsible for any and all applicable federal, state and local taxes and fees associated with receipt or use of a prize. Prizes will be mailed between 1 to 45 business days after winner has replied with their required info. All prizes are awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Unclaimed prize(s) will be forfeited. The approximate retail value of all prizes awarded in this Sweepstakes is $408.98.
General Conditions: In the event that the operation, security, or administration of the Sweepstakes is impaired in any way for any reason, including, but not limited to, fraud, virus, or other technical problem, the Sponsor may, in its sole discretion, either: (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (b) award the prizes at random from among the eligible entries received up to the time of the impairment. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. In case of a dispute as to the owner of an entry, entry will be deemed to have been submitted by the authorized account holder associated with the member account/e-mail address from which the entry is made provided that person is otherwise eligible. The 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 responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. In the event Sponsor is prevented from continuing with the Sweepstakes by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Sweepstakes by any party, or any federal state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence) Sponsor shall have the right to modify, suspend or terminate the Sweepstakes or prize. Sponsor additionally reserves the right, in its sole and absolute discretion: (1) 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 (2) to disqualify any entrant found to be, or suspected of: (a) tampering with the entry process or the operation of the Sweepstakes; (b) acting in violation of these Official Rules; or (c) acting in an un-sportsmanlike manner.
Release and Limitations of Liability: By participating in the Sweepstakes, entrants agree to release, indemnify, defend and hold harmless the Sweepstakes Entities from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late, misdirected, or undeliverable mail; (e) errors in the administration of the Sweepstakes or the processing of entries; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt of any prize. Entrant further agrees that in any cause of action, the Sweepstakes Entities’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Sweepstakes Entities be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
Publicity: Except where prohibited by law, the winner irrevocably grants to the Sweepstakes Entities and each of their licensees, and its and their successors, assigns and sublicensees the right and permission to use of his/her name, likeness, voice, opinions, biographical information, and state of residence for advertising, promotional and/or publicity purposes in any forms of media and by all manners (now and hereafter known), worldwide, in perpetuity, without further payment, obligation, notice or consideration except for the awarding of the prizes to the winner.
Disputes: Except where prohibited, entrant agrees that (a) any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the state and federal courts located in Commonwealth of Virginia, (b) all 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 attorneys’ fees, and (c) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsors in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of Commonwealth of Virginia, without giving effect to any choice of law or conflict of law rules (whether of Virginia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Virginia.
Sweepstakes Results: To request a written copy of the name of the winner, send a self-addressed stamped envelope (stating the specific Sweepstakes you are requesting the winners for) to destructoid.com Sweepstakes Winner’s List, 1364 Utah Street, San Francisco, California 94110 with a print out of the Sweepstakes page. Requests must be received within thirty (30) days from the end date of the applicable Sweepstakes. However, you should note that the winner’s name is usually posted the day following the promotion on the Website’s contest section.
Miscellaneous: The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules 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 a website 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.
