Kia Forum Gift Offer

Terms and Conditions

• ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND PARTICIPANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT. 
• LiMITED QUANTITIES AVAILABLE – only TWO HUNDRED (200) OFFER ITEMS AVAILABLE.
• OFFER ITEMS ARE MADE available TO EVENT ATTENDEES on a first-Come, FIRST-Served, WHILE SUPPLIES LAST BASIS.
• VOID WHERE PROHIBITED BY LAW.
• INDIVIDUALS MUST BE PHYSICALLY PRESENT AT AN EVENT AT THE KIA FORUM WHEN THIS OFFER IS MADE AVAILABLE TO PARTICIPATE in the OFFER AND OBTAIN AN OFFER ITEM.

BY PARTICIPATING IN THE OFFER, PARTICIPANTS AGREE TO THESE TERMS AND CONDITIONS, WHICH ARE A BINDING CONTRACT, SO READ THEM CAREFULLY BEFORE PARTICIPATING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE OFFER PARTIES (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

1. ELIGIBILITY: The Kia Forum Gift Offer (the “Offer”) is open only to individuals who are: (a) legal residents and physically located in one (1) of the fifty (50) United States or the District of Columbia, (b) at least eighteen (18) years of age or older, and (c) in attendance at a participating event designated by Sponsor (defined below) at the Kia Forum, 3900 W. Manchester Blvd., Inglewood, CA 90305 (each, an “Event”).Employees, officers and directors of Kia America, Inc. (“Sponsor” or “Kia”), Sponsor’s parent company, and each of their respective affiliates, subsidiaries, divisions, advertising, fulfillment and marketing agencies (collectively with Sponsor, the “Offer Parties”) are not eligible to participate in the Offer.Void where prohibited by law.By participating in the Offer, each participant unconditionally accepts and agrees to comply with and abide by these “Terms and Conditions” and the decisions of Sponsor, including the interpretation of these Terms and Conditions and its exercise of discretion, which will be final and binding in all respects.


2. OFFER PERIOD:The Offer begins at the start time of the Event and ends at the end time of the Event or while supplies last (the “Offer Period”).


3. HOW TO PARTICIPATE IN THE OFFER: To participate in the Offer, during the Offer Period, eligible individuals must visit Sponsor’s activation at the Kia Forum taking place during the Event and follow Sponsor’s instructions to scan the QR code displayed with your mobile device to: (a) access and submit a survey with your required information, which may include, without limitation, your name, email address, phone number, zip code and your Kia vehicle model(s) of interest, (b) answer whether you are a current Kia vehicle owner, and (c) participate in and complete a short virtual game.For clarity, all of the foregoing steps to participate in this Offer can be completed via your mobile device.Once you have completed the steps in this Section 3 to participate in the Offer, you must see Sponsor’s brand ambassador in attendance at the Event and show the brand ambassador your completed the survey in order to claim your Offer Gift Item (defined below).

Limit of one (1) redemption per person will be accepted during the Offer Period.Subsequent attempts made by the same individual to submit multiple Offer redemptions by using multiple or false contact information, accounts or otherwise may result in the participant being disqualified.Redemptions 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 Terms and Conditions may be disqualified at Sponsor’s sole and absolute discretion.Redemptions submitted by participants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void.All materials submitted become the physical property of Sponsor and will not be returned.Those who do not follow all of the instructions, provide the required information in their registration form, or abide by these Terms and Conditions or other instructions of Sponsor may be disqualified.

4. OFFER GIFT ITEM/OFFER GIFT ITEM RESTRICTIONS: Upon completion of the steps described in Section 3 above, each individual will receive one (1) of the following gifts (each, an “Offer Item”), on a first-come, first-served, while supplies last basis:
• One (1) empty clear branded tote bag (with an approximate retail value (“ARV”) of three dollars and forty nine cents ($3.49)) (two hundred (200) available);or
• One (1) empty clear branded fanny pack (with an ARV of four dollars and thirty five cents ($4.35)) (two hundred (200) available).

Items are available on a first-come, first-served basis.Offer Items are subject to availability and only available while supplies last.A total of two hundred (200) Offer Items are available in this Offer.Once you complete the steps described in Section 3 above, you must see Sponsor’s brand ambassador in attendance at the Event to claim your Offer Item.

Offer Items are non-transferable, with no cash redemptions, equivalents or substitutions except at Sponsor’s sole and absolute discretion.All Offer Item details not specified in these Terms and Conditions will be determined in Sponsor’s sole and absolute discretion.Offer Item details and availability are subject to change and provider’s rules and restrictions, and in the event that Sponsor is unable to provide the recipient with their Offer Item, Sponsor may elect to provide recipient with the approximate value of such item in cash or award an alternate item of comparable or greater value.All Offer Items 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).Offer Item recipients will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the Offer Items they receive, regardless of whether they, in whole or in part, are used.The ARV of each Offer Gift Bag is based on available information provided to Sponsor and the value of any Offer Item awarded to a recipient may be reported for tax purposes as required by law.Unclaimed Offer Items will be forfeited.The Offer Parties are not responsible for and will not replace any lost, mutilated or stolen Offer Items or any Offer Item that is undeliverable or does not reach the recipient because of an incorrect or changed address.The Offer Parties are not responsible for and recipient will not receive the difference, in any, between the actual value of the Offer Item at the time of award and the stated ARV in these Terms and Conditions or in any Offer-related correspondence or material.Limit of one (1) Offer Item per person.



5. GENERAL: Subject to applicable law, each participant hereby expressly grants to the Offer Parties, and their respective successors, assigns, sublicensees and designees, the irrevocable right to use and publish the participant’s name, social handles, likeness (photographic or simulated), voice, biography and place of residence for all purposes, including, without limitation, advertising, marketing, promotional and publicity purposes in connection with this Offer (“Advertising”), in any and all media now or hereafter devised, worldwide, in perpetuity, without any form of notice, permission or any amount or kind of compensation, except for the awarding of the Offer Items to the recipient.All copyright, trademark or other intellectual property rights in such Advertising shall be owned by Sponsor and/or its licensors, and each participant hereby disclaims and waives any claim of right to such Advertising.Such Advertising shall be solely under the control of Sponsor and/or its licensors, and each participant hereby waives any claim of control over the Advertising content as well as any possible claims of misuse of such participant’s name, likeness or voice under contract, tort or any other theory of law.The Offer Parties do not assume any responsibility for any disruption in the Offer Parties, including, but not limited to, the failure or interruption of any social media platform or any internet service provider.In the event there is a discrepancy or inconsistency between disclosures and other statements contained in any Offer materials and the terms and conditions of these Terms and Conditions, these Terms and Conditions shall prevail, govern and control.All decisions as to these Terms and Conditions and interpretations thereof are exclusively within the sole discretion of the Offer Parties and may be changed from time to time without notice.In the event Sponsor is prevented from continuing with the Offer 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 Offer 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 Offer or Offer Items.Sponsor additionally reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Offer should a Force Majeure event or occurrence corrupt or interfere with the administration, integrity, operation, security or proper play of the Offer; or (b) to disqualify any participant found to be, or suspected of: (i) tampering with the redemption process or the operation of the Offer; (ii) acting in violation of these Terms and Conditions; or (iii) acting in an unprofessional manner.


6. CONDUCT: The Offer Parties are not responsible for the actions of participants in connection with the Offer, including participants’ attempts to circumvent the Terms and Conditions or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Offer.The Offer Parties reserve the right, at their sole discretion, to disqualify any individual found to be tampering with the participation process or the operation of the Offer, or to be acting in any manner deemed by the Offer Parties to be in violation of the Terms and Conditions, or to be acting in any manner deemed by the Offer Parties to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person (including at any point during the Event) and void all associated redemptions and/or registrations.CAUTION: ANY ATTEMPT BY A PARTICIPANT, YOU OR ANY OTHER INDIVIDUAL TO DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE OFFER IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, THE OFFER PARTIES RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.Sponsor reserves the right, at its sole and absolute discretion, to disqualify (or terminate the Offer Item of) any individual who is found to be, or suspected of, acting in violation of these Terms and Conditions, or to be acting in an unsportsmanlike, obscene, immoral or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person, including at any point during the Event.


7. WAIVERS AND DISCLAIMERS: The Offer Parties assume no responsibility or liability for: (a) lost, late, stolen, undelivered, inaccurate, incomplete, delayed, misdirected, damaged or garbled registrations, submissions/redemptions, entries, URLs, or emails; (b) any incorrect or inaccurate entry information, or for any faulty or failed electronic data transmissions; (c) any unauthorized access to, or theft, destruction or alteration of submissions/redemptions, entries or registrations at any point in the operation of this Offer; (d) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, cable, satellites, servers, computers or providers utilized in any aspect of the operation of the Offer; (e) inaccessibility or unavailability of the Internet or the website or any combination thereof or for computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Offer, including, without limitation, errors or difficulties which may occur in connection with the administration of the Offer, the processing of submissions/redemptions, social networking posts, or registrations, the announcement of the Offer Items, or in any other Offer-related materials; or (f) any injury or damage to participants or to any other person's computer which may be related to or resulting from any attempt to participate in the Offer.If, for any reason, the Offer (or any part thereof) is not capable of running as planned for reasons which may include, without limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Offer, then the Offer Parties reserve the right at their sole discretion to cancel, terminate, modify or suspend the Offer in whole or in part.


8. RELEASES: All participants, as a condition of participation in this Offer, agree to release, discharge, indemnify and hold harmless the Offer Parties and each of their respective directors, officers, employees, agents, successors and assigns (collectively, “Released Parties”) from and against any and all liability, claims, costs (including attorneys’ fees), losses, damages, fines, or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained, in whole or in part, directly or indirectly, in connection with: (a) participation in any aspect of the Offer (including travel to/from any Offer activity); (b) the receipt, ownership, use or misuse of any Offer Item awarded, including any travel associated with any Offer Item; (c) the Released Parties’ actual or alleged 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; or (d) any typographical, human or other error in the printing, offering, selection, operation or announcement of any Offer activity and/or Offer Items.


9. GOVERNING LAW AND LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions or the rights and obligations of participants, Sponsor or the Released Parties in connection with the Offer will be governed by and construed in accordance with the internal laws of the State of California, 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 PARTICIPATING IN THE OFFER, PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE OFFER, OR ANY OFFER ITEM AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND (C) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), 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.



10. DISPUTE RESOLUTION: The parties each agree to finally settle all disputes only through arbitration; provided, however, Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in Orange County, California, 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 Offer 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 Orange County, California.The federal or state law that applies to these Terms and Conditions 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 Orange County, California.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 participant to attend the arbitration hearing).Either party may, notwithstanding this provision, bring qualifying claims in small claims court.


11. INFORMATION AND OFFER COMMUNICATIONS: As a condition of participating in the Offer, each participant gives consent for Sponsor to obtain and deliver the participant’s name, address and other information to third parties for the purpose of administering this Offer and to comply with applicable laws, regulations and rules.Any information participant provides to Sponsor may be used to communicate with participant in relation to this Offer.By participating in the Offer or opting-in to receiving communications from Kia and/or local Kia dealers, participant agrees to all of the terms and conditions of Sponsor’s Privacy Policy, which is available at https://www.kia.com/us/en/privacy.In the event of any discrepancy between Sponsor’s Privacy Policy and these Terms and Conditions, these Terms and Conditions shall control and govern.


12. MISCELLANEOUS: The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the validity or enforceability of any other provision.In the event that any provision of the Terms and Conditions 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 Terms and Conditions will not constitute a waiver of that provision.Participants agree to waive any rights to claim ambiguity of these Terms and Conditions.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 Offer-related materials, privacy policy or terms of use on any website, social media platform or application and/or the terms and conditions of the Terms and Conditions, the Terms and Conditions shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.The Terms and Conditions may be modified and/or we may cease offering the Offer at any time.YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR PARTICIPATION IN THE OFFER AFTER SUCH NOTICE CONSTITUTES YOUR AGREEMENT TO THE NEW TERMS.


13. SPONSOR: Kia America, Inc., 111 Peters Canyon Road, Irvine, CA 92606.Reference to third parties in connection with gifts, rewards and/or third-party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Offer.