Legal & Privacy Statement
Last Update: [03/24/19]
Copyright ©2013 Kia Canada Inc. (“Kia”). All rights reserved. Any unauthorized use of these materials may subject you to penalties or damages. By accessing, browsing or using this website (“Site”), you are agreeing to the terms and conditions contained in the present document (“Legal & Privacy Statement”). If you do not agree with the terms and conditions of this Legal & Privacy Statement, you must cease use of this Site. If you breach any provision of this Legal & Privacy Statement, then you may no longer use this Site. You are granted a non-exclusive, non-transferable, non-sub-licensable, revocable, limited license to display and review this Site on your computer or mobile device, and to print, download and use the messages, information, data, text, software, images and other content on this Site, solely for informational purposes solely for your own personal use.
Kia reserves the right to change its Legal & Privacy Statement from time to time. If Kia exercises this right the “Last Update” notice at the top of this document shall be amended to reflect the last date of such changes. Changes will be effective as of the date the changes to this Legal & Privacy Statement are posted to this Site. If any change to this Legal & Privacy Statement is not acceptable to you, you must discontinue your use of this Site immediately. Your continued use of this Site after any such changes are posted will constitute acceptance of those changes.
This Legal & Privacy Statement and your use of this Site shall be governed by and construed in accordance with the laws in force in the Province of Ontario and the federal laws of Canada. Any disputes or claims arising out of or related to this Legal & Privacy Statement or your use of this Site shall be commenced exclusively in the courts of the Province of Ontario, sitting in the City of Toronto.
The Kia mark and design are registered trademarks. These trademarks and other Kia names, logos and service marks may not be modified, and they may not be used, downloaded, copied or distributed in any way except as an integral part of an authorized download, copy or transmission of material on this Site. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying, redistribution, reproduction or modification of this Site or any of Kia’s content. No license to any intellectual property has been granted by this Site except as first noted above.
The purchase or lease of a Kia vehicle is transacted through an independent automobile dealer authorized by Kia (each, a “Dealer”) and is governed exclusively by the terms and conditions of the agreement entered into between you and the applicable Dealer. The Dealers are not affiliates of Kia. Accordingly, any purchase or lease you make is exclusively between you and the Dealer, and not with Kia.
Any financial services and promotional sales programs on this Site are only available through the Dealers, and in the case of regional programs which may not be on this Site, through the Dealers in the region. The Dealer that you select from this Site reserves the right to determine whether you qualify for credit or any promotional sales program. The Dealers are under no obligation to sell any vehicle at the Manufacturer’s Suggested Retail Price (MSRP) posted on this Site and Kia is not responsible for the prices set by any Dealer. Kia is permitted to change any vehicle specifications, promotional sales programs, employment opportunities, and other information available on this Site at any time without notice to you.
Limitation of Liability
Although Kia will make all reasonable efforts to provide accurate information on this Site, there is no guarantee of accuracy and Kia does not assume any liability for the accuracy or completeness of information presented on this Site. All information contained on this Site is for informational purposes only and in no way constitutes an offer to buy or sell Kia vehicles. This Site shall not be used or relied upon by any visitor as a substitute for information available from their local Kia Dealer. Your use of this Site is not intended and shall not be deemed to create any legal relationship of any kind between you and Kia, or amend or vary any pre-existing legal relationship.
You acknowledge and agree that this Site is provided on an “AS IS” basis and that any use of or reliance on this Site shall be at your sole risk. To the extent permitted by law, Kia and its affiliates do not make any, and expressly disclaim all, representations, warranties, covenants and conditions, express or implied, by operation of law or otherwise, including without limitation any implied warranties and conditions of merchantable quality, or fitness for any particular purpose, or non-infringement, or those arising out of course of performance, course of dealing or usage of trade with respect to this Site (including the content or User Content (as defined below)). For greater certainty, Kia does not warrant that this Site will (a) meet your requirements, (b) be compatible with your computer, mobile device or related equipment, (c) be accurate, reliable, authentic, current or complete, (d) continue to operate, (e) operate without interruptions, or (f) be error-free.
Kia and its Dealers, and each of their respective directors, officers, agents, employees, representatives and licensors shall not be liable for any damages of any kind whatsoever (including, without limitation, damages for loss of revenue or profits, failure to realize expected savings, interruption of activities, or any other pecuniary or economic loss) arising out of the use of or inability to use this Site or any product or service described or provided on this Site, including the use of any hypertext links.
User Submissions (solicited and unsolicited)
(a) Subject to any applicable law and the requirements of the Kia privacy obligations below:
(i) Kia does not wish to obtain unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved Products, goods, services or technologies, product enhancements, processes, materials, marketing plans, or new product names. Accordingly, please do not send any unsolicited ideas, suggestions or other materials ("Submissions") to Kia.
(ii) any communications sent by you to Kia via this Site or otherwise, including Submissions, whether solicited by Kia or otherwise, are on a non-confidential basis (other than personal information which is covered under the Kia privacy obligations below), and Kia shall be free to use and disclose the content of any such communication, including without limitation any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose including without limitation developing, manufacturing and/or marketing goods and services. You agree to not assert any ownership right of any kind in such communications (including without limitation copyright, trade-mark, patent, trade secret, unfair competition, moral rights, or implied contract) and you hereby waive such moral rights in favour of Kia and its affiliates, licensees, successors and assignees. You also acknowledge that you have no right to receive any financial or other consideration in connection with such communication.
(b) Users of this Site may be permitted to submit or post discussions, questions, images, comments, reviews or other information (“User Content”) to this Site. In submitting or posting any User Content, you agree:
(i) not to post any User Content that may: (A) harm, threaten, harass, abuse or intimidate any other person in any way; (B) involve materials that constitute, depict, promote, encourage, indicate, advocate or tend to incite the commission of a crime or other unlawful activities, violence, hatred, cruelty or discrimination against any individuals or groups, for any reason, or any act of cruelty to animals; (C) conceal or misrepresent the author or origin of any messages or communication, or that impersonate any person, or that falsely state or otherwise misrepresent an affiliation with any other person, including Kia; or (D) disclose any private or personal information about any person without that person’s permission.
(ii) you are solely responsible for your User Content and any other actions and communications undertaken or transmitted in the course of your usage of this Site, and that you will comply with all laws that apply or may apply to your use of or activities on this Site. Kia may investigate occurrences which may involve violations of such laws and co-operate with law enforcement authorities in prosecuting users who are involved in such violations. Kia reserves the right at all times to disclose any information (including without limitation your personal information or your identity) regarding your usage of this Site (including any perceived violations of applicable law), in each case as may be permitted or required by applicable law, including as necessary to satisfy any request authorized by applicable law.
(c) Kia is not obliged to monitor, screen, police or edit your use of this Site, including postings you or others may make to this Site (including, for greater certainty, User Content), although Kia may choose to do so in its sole discretion. Kia may take any and all actions it considers appropriate, in its sole discretion, if Kia becomes aware of any inappropriate uses of this Site, including without limitation use that constitutes copyright infringement.
Use of this Site
You may not, nor may you cause or assist another to:
(a) modify, reverse engineer, decompile, create derivative works from, or disassemble this Site for any reason whatsoever, including for the purpose of creating a competitive product or service;
(b) use this Site in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, this Site or any services, system resources, accounts, servers, networks, affiliated or linked sites connected to or accessible through this Site (including without limitation uploading, posting or otherwise transmitting on this Site any computer viruses, Trojan horses, worms or other files or computer programs which are potentially harmful, disruptive or destructive or that may impose an unreasonable or disproportionately large load on this Site’s infrastructure);
(c) use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site in whole or in part;
(d) use this Site in any manner that may dilute or depreciate the name or reputation of Kia, its Marks (as defined below) or its affiliates or associates; or
(e) interfere with any other persons’ use and enjoyment of this Site or of the Internet generally.
This Site may contain hypertext links to other sites, which are completely independent of this Site. Kia makes no representations as to the accuracy, completeness or authenticity of the information contained in any such hypertext link and any hypertext link to another person or entity shall not in any manner be construed as an endorsement by Kia of such person's or entity's site, products or services. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. Kia shall is not responsible for any content of such third party site.
If you are not already a customer of Kia, Kia may seek from you within this Site or otherwise certain personal information, and in particular your contact information, for the purpose of sending product brochures or promotional materials and facilitating the provision of certain services such as booking a test drive with one of our authorized Kia Dealers or applying for one of Kia’s finance/lease programs. Information such as name, mailing address, e-mail address, and any additional information you provide, is collected by Kia and is used to process your request. Kia will retain your personal information until such time as you unsubscribe from receiving such communications. By providing this information to Kia, you consent to the use and disclosure of the personal information as described in this policy.
If you are already a customer of Kia, then the personal information you provided at the time of your vehicle purchase or lease and any subsequent personal information you provide through this Site or otherwise is used by Kia to improve the services we provide to you as well as for the purpose of sending product brochures or promotional materials. Kia may use your personal contact information to notify you of any promotional offers or product information, such as Kia newsletters, and service reminders. Kia may also use your personal contact information to communicate and administer any safety and recall notices; warranty, maintenance, service and Roadside Assistance program; and generate statistical and aggregate data that may identify you personally. Similarly, to improve our delivery of products, services, and information, from time to time, Kia may ask you to reply to vehicle ownership satisfaction surveys directly or indirectly through marketing companies such as DMT Development Systems Group Inc., J.D. Power and Associates and Maritz Research. Kia will retain your personal information for the purpose of sending product brochures or promotional materials until such time as you unsubscribe from receiving such communications. For all other purposes described in this policy, Kia will retain your personal information for 25 years from the moment of your vehicle purchase or lease.
If you prefer that we do not use your personal contact information for promotional offers, product information or marketing surveys, please advise us by contacting Kia’s Privacy Officer at firstname.lastname@example.org or telephone (1.877.542.2886) and confirming your Vehicle Identification Number (VIN).
Any non-identifiable information gathered by Kia through your use of this Site may be used by Kia for its own marketing, promotional and product development purposes and more specifically may be stored in a database and used by Kia to identify, customize and personalize user access, and assess utilization of this Site. Such information may be shared among Kia and its affiliates, suppliers, licensors, partners and clients in furtherance of the forgoing purposes.
Your information is never sold, given or disclosed to any third parties except to our authorized Kia Dealers in your market, our service providers for the purposes of storage and/or management of data and marketing companies such as DMT Development Systems Group Inc., J.D. Power and Associates and Maritz Research who conduct market research on our behalf. Under no circumstance do we sell your personal information to anyone. Kia will disclose personal information where required by law.
Kia is obligated to protect your personal information by making reasonable security arrangements against such risks as unauthorized access. Kia has implemented security safeguards that are appropriate to the sensitivity of the information that we collect, use and disclose. Your personal information will be stored at the premises located at the address mentioned below and access will be limited to the employees who need access within their duties. Some of your personal information may also be stored in servers located in the United States of America. In this case, local tribunals and legislation will have jurisdiction over the access to that personal information.
KIA SUPERFAN 2016 CONTEST (“Contest”)
THIS CONTEST IS OPEN TO ALL CANADIAN RESIDENTS, INCLUDING QUEBEC AND IS GOVERNED BY CANADIAN LAW
1. CONTEST PERIOD: The Contest Sponsor is Kia Canada Inc. (hereinafter referred to as the "Contest Sponsor"). The Contest starts on Saturday, July 2, 2016 at 6:00 a.m. Eastern Time (“ET”) and ends on Sunday, July 31, 2016 at 11:59 p.m. ET (the “Contest Period”). All times referenced in these Official Contest Rules and Regulations (the “Rules”) are ET.
2. ELIGIBILITY TO ENTER: Contest is open only to residents of Canada, including Quebec who are eighteen (18) years of age or older at the time of Contest entry.
Employees, officers, directors and agents of Kia Canada Inc., its parent companies, subsidiaries, affiliates, and the immediate family members of any such employees (and those with whom they are domiciled) (altogether the “Released Parties”) are not eligible to enter the Contest. For purposes of this Contest, “immediate family members” shall include the mother, father, brothers, sisters, daughters, sons, partner or spouse of an individual (regardless of where any such “immediate family member” resides).
By participating in this Contest, you are agreeing to be legally bound by the terms and conditions of these Rules.
3. HOW TO ENTER: Eligible entrants can enter the Contest by going to www.kia.ca/superfan and following the on-screen instructions to complete the entry form: (i) enter your full name, valid email address, and telephone number in the space provided; and signify your agreement that you have read and agree to be legally bound by the terms and conditions of these Official Rules and Regulations (the “Rules”). Next, click the “Submit” button to complete your entry (the “Entry”). To be eligible, your Entry must be submitted and received within the Contest Period in accordance with these Rules.
Without limiting the generality of the foregoing or the Submission Requirements below, each eligible Entry (each, an “Entry”) must be in accordance with: (i) these Rules, including, but not limited to, the specific Submission Requirements listed below in Rule 5 (all as determined by Contest Sponsor in its sole and absolute discretion).
To be eligible, an Entry must have been submitted and received within the Contest Period. All eligible Entries submitted and received in accordance with these Rules during the Contest Period will be reviewed by a judging panel to evaluate the quality of each entry entered into the draw for the Prize event that will be held Innocean Canada – 720 King St W, Suite 505, Toronto, Ontario M5V 2T3. Any Entry that does not follow all requirements as outlined in these Rules (as determined by Contest Sponsor in its sole and absolute discretion) will be discarded and will not be eligible for entry in this Contest.
You can only use one (1) email address to participate in the Contest. If it is discovered by the Contest Sponsor (using any evidence or other information made available to or otherwise discovered by the Contest Sponsor) that any person has attempted to: (i) obtain more than the maximum stated number of Entries as outlined in these Rules; and/or (ii) use multiple names, identities, email addresses, and/or any automated, macro, script, robotic or other system(s) or program(s) to enter or otherwise participate in or disrupt this Contest, then he/she may be disqualified from the Contest in the sole and absolute discretion of the Contest Sponsor. The Contest Sponsor is not responsible for late, lost, misdirected, delayed, incomplete or incompatible Entries (regardless of how they are submitted), all of which are void.
All Entries are subject to verification at any time and for any reason. The Contest Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Contest Sponsor – including, without limitation, government issued photo identification): (i) for the purposes of verifying an individual’s eligibility to participate in this Contest; (ii) for the purposes of verifying the eligibility and/or legitimacy of any Entry entered (or purportedly entered) for the purposes of this Contest; and/or (iii) for any other reason the Contest Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Contest in accordance with these Rules. Failure to provide such proof to the complete satisfaction of the Contest Sponsor within the timeline specified by the Contest Sponsor may result in disqualification. The sole determinant of the time for the purposes of this Contest will be the Contest Sponsor’s Official Clock(s).
4. MAXIMUM NUMBER OF ENTRIES: There is a limit of one (1) Entry per Eligible Entrant, during the Contest Period. The winning entry will be judged by a panel. Under no circumstances will an Eligible Entrant be permitted to obtain more than one Entry during the Contest Period.
5. SUBMISSION REQUIREMENTS: BY SUBMITTING AN ENTRY, YOU AGREE THAT THE ENTRY (AND EACH INDIVIDUAL COMPONENT THEREOF – INCLUDING, WITHOUT LIMITATION, THE SUBMISSION) COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES. THE RELEASED PARTIES WILL BEAR NO LIABILITY WHATSOEVER REGARDING: (I) THE USE OF YOUR ENTRY (OR ANY COMPONENT THEREOF – INCLUDING, WITHOUT LIMITATION, THE SUMISSION AND/OR ANY OTHER CONTENT); (II) PARTICIPATION IN ANY CONTEST-RELATED ACTIVITIES; AND/OR (III) ANY USE OR MISUSE OF ANY PRIZES. THE RELEASED PARTIES SHALL BE HELD HARMLESS BY YOU IN THE EVENT THAT IT IS DISCOVERED THAT YOU HAVE DEPARTED FROM OR NOT OTHERWISE FULLY COMPLIED WITH ANY OF THESE RULES. THIS RELEASE AND INDEMNITY SHALL CONTINUE IN FORCE FOLLOWING THE TERMINATION OF THE CONTEST AND/OR AWARDING OF ANY PRIZES.
By participating in the Contest, each Eligible Entrant agrees to be legally bound by these Rules and by the interpretation of these Rules by the Contest Sponsor (which shall be final and binding without right of appeal in all respects related to this Contest), and further warrants and represents that his/her Entry and each individual component thereof (including, without limitation, the Submission):
a. to enter the Contest;
b. does not violate any law, statute, ordinance or regulation;
c. does not contain any reference to any identifiable third parties;
d. will not give rise to any claims whatsoever, including, without limitation, claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party; and
e. is not defamatory, trade libelous, pornographic or obscene, and further that it will not include, discuss or involve, without limitation, any of the following: nudity (partial or otherwise); alcohol/drug consumption or smoking; sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups (including, without limitation, any competitors of Contest Sponsor); content that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct; personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services other than products of Contest Sponsor; any identifiable third party products, trade-marks, brands and/or logos, other than those of Contest Sponsor; conduct or other activities in violation of these Rules; and/or any other content that is or could be considered inappropriate, disparaging, unsuitable or offensive, all as determined by the Contest Sponsor in its sole and absolute discretion.
f. For greater certainty, your Entry must be original to you and you must have all necessary rights to submit the Entry and transfer ownership of the copyrights and other intellectual property rights in the Entry to the Contest Sponsor.
IMPORTANT NOTE: The Contest Sponsor and/or its promotional agency and/or designated content moderator (collectively, the “Moderator” or “Moderators”) will screen every selected Entry. Any Entry that the Contest Sponsor and the Moderators deem, in their sole discretion and at any point in time, to violate the terms and conditions set forth in these Rules will be subject to disqualification.
By entering the Contest and submitting an Entry, each Eligible Entrant: (i) grants to the Contest Sponsor, in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use the Entry and each individual component thereof (including, without limitation, the Submission and all other content), in whole or in part, for advertising or promoting the Contest or for any other reason; (ii) waives all moral rights in and to his/her Entry and each individual component thereof (including, without limitation, the Submission and all other content) in favour of the Contest Sponsor (and anyone authorized by the Contest Sponsor to use the Entry or a component thereof); and (iii) agrees to release, indemnify and hold harmless the Released Parties from and against any and all claims related, directly or indirectly, to his/her Entry (or a component thereof) – including, without limitation, claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related or other cause of action. For greater certainty, the Contest Sponsor reserves the right, in its sole discretion, to modify, edit or remove any Entry (or a component thereof), or to request an entrant to modify or edit his or her Entry (or a component thereof), if a complaint is received with respect to the Entry (or a component thereof), or for any other reason at any time. If such an action is necessary at any time, then the Contest Sponsor reserves the right, in its sole and absolute discretion, to: (i) disqualify the Entry; (ii) disqualify the Eligible Entrant and any or all of his/her Entries; and/or (iii) to take whatever action the Contest Sponsor deems appropriate in the circumstances as determined by the Contest Sponsor its sole and absolute discretion.
6. THE PRIZES: There are three (3) prize packages available to be won, consisting of one (1) trip to Korea for two (2) people (winner and one (1) guest) to the KIA Headquarters in Seoul, Korea. The trip includes: return economy airfare for two (2) people departing September 19, 2016 from the Canadian international airport nearest the winner’s residence to Seoul, Korea and returning September 23, 2016; four (4) nights’ accommodation at moderate hotel based on double occupancy as selected by the Sponsor.
The Prize also includes the following (subject to change in the Sponsor’s sole discretion) for each winner and his/her travel guest:
Day 1: Arrival at Incheon International Airport & Hotel Check -in;
Day 2: Breakfast at the Hotel, attend a Conference at Kia Motors Global Headquarters, Lunch, Korean Folk Village’ Tour, Welcome Dinner (at Lotte Hotel World), Free time (after Welcome Dinner);
Day 3: Breakfast at the Hotel, Tour of Kia’s Hwaseong Plant, Lunch, Hyundai Steel Tour, Special dinner at Samwon Garden, Free time following Dinner;
Day 4: Breakfast, Royal Palace’ Tour, Lunch, Insadong Tour, Farewell dinner at Sebitseom;
Day 5: Departure Lotte Hotel World check-out, Airport for return flight to Canada.
The approximate retail value of each Prize is $9,200.00 (CDN) based on return economy airfare for two (2) people from Toronto, Ontario to Seoul, Korea. Actual retail value of a Prize may vary depending on city of departure. Any difference between such approximate retail value and the actual value of a Prize as taken will not be awarded.
The winner and his/her travel guest are responsible for all other costs and expenses not specifically listed above, including, without limitation, taxes, meals, food, beverages, insurance, valid travel documentation, passports, transfers to and from the departure airport, car rentals, medical/health expenses, gratuities, excess baggage fees, communication charges, admission fees and all personal expenses and incidentals. Due to the nature of a Prize, no alternative dates are available. The winner and his/her travel guest must travel on the same itinerary, must each have valid travel documents prior to ticketing (such as a passport) and be eligible for entry into Seoul, Korea or the Prize will be forfeited. Each travel guest must be a Canadian resident. In the event that the travel guest accompanying the Prize winner is not of the age of majority a parent or legal guardian must act on their behalf in all matters concerning this Contest. There are no deviations to travel allowed (i.e. length of stay, number of guests, flight stopovers, travel dates, etc). In the event that a winner does not use any portion of the Prize, there will be no extension, transfer, substitution or any kind of compensation provided. No frequent flyer miles will be awarded. Due to the nature of the Prizes, no alternative dates are available other than those selected by the Sponsor. In the event that a Prize winner is not available to travel on the dates specified by the Sponsor or does not meet the travel requirements for whatever reason, the Prize will be forfeited and may be awarded to an alternate winner. Prizes must be accepted as awarded without substitution and are not transferable, not for resale and have no cash surrender value. The Sponsor reserves the right, in the event that a Prize or any component of a Prize cannot be awarded as described, or for any reason whatsoever, to substitute another prize or component of a prize of equal or greater value.
Without limiting the generality of the foregoing, the following general conditions apply to all Prizes: (i) Prize must be accepted as awarded and is not transferable or convertible to cash (no substitutions except at Contest Sponsor’s option); (ii) all costs or expenses related to a Prize not expressly stated above as being included in the Prize are the sole responsibility of each Prize winner (iii) Contest Sponsor reserves the right at any time to substitute any Prize or a component thereof for any reason with a prize or a prize component of equal or greater value, including without limitation, but solely at the Contest Sponsor’s sole discretion, a cash award; and (v) by accepting a Prize, each winner agrees to waive all recourse against the Released Parties if the Prize or a component thereof does not prove satisfactory, either in whole or in part.
The Released Parties will not be held responsible for, and accept no liability in relation to, any costs or other damages incurred as a result of event cancellation and/or rescheduling of games or other aspects of a Prize. The Contest Sponsor’s rulings are final and binding without appeal in all matters related to this Contest and the awarding of Prizes. There is a limit of one (1) Prize per person.
7. WINNER SELECTION: The selection process will begin on or about August 4, 2016 at 10:00 AM ET at 720 King Street West, Suite 505, Toronto, ON M5V 2T3, from among all eligible entries received by the Contest Closing Date and will conclude on or before August 8, 2016 (“Decision Date”). Entries will be judged by a panel of judges as selected by the Sponsor based on the following criteria (the “Judging Criteria”):
i. Brand Dedication
ii. Quality, Authenticity, and Creativity of story
iii. Demonstrates live active presence on social media channels
iv. Possesses the capability to travel abroad during defined dates
8. WINNER NOTIFICATION: The Contest Sponsor, or its designated representative, will make a minimum of one (1) attempt to contact each selected Eligible Entrant, via telephone and/or email using the information provided at time of the Entry) within one (1) business days of the Decision Date. If a selected Eligible Entrant cannot be contacted within one (1) business days of the applicable Decision Date, or if there is a return of any notification as undeliverable; then the selected Eligible Entrant may, in the sole and absolute discretion of the Contest Sponsor, be disqualified (and, if disqualified, will forfeit all rights to the applicable Prize) and the Contest Sponsor reserves the right, in its sole and absolute discretion and time permitting, to randomly select an alternate Eligible Entrant from among the remaining eligible Entries submitted and received in accordance with these Rules.
9. WINNER CONFIRMATION: BEFORE BEING DECLARED A CONFIRMED PRIZE WINNER, each selected Eligible Entrant will be required to: (a) correctly answer a mathematical skill-testing question without mechanical or other aid (which may, in the sole and absolute discretion of the Contest Sponsor, be administered online, by email or other electronic means, by telephone, or in the Contest Sponsor’s form of declaration and release); (b) supply proof of age and residency for the selected entrant and his or her eligible daughter by providing a photocopy of one (1) piece of Canadian Government issued photo identification (including date of birth); and (c) sign and return within two (2) business days of notification the Contest Sponsor’s declaration and release form, which (among other things): (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the applicable Prize (as awarded); (iii) releases the Released Parties from any and all liability in connection with this Contest, his/her participation therein and/or the awarding and use/misuse of the applicable Prize or any portion thereof; and (iv) agrees to the publication, reproduction and/or other use of his/her name, address, voice, statements about the Contest and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Contest Sponsor in any manner whatsoever, including print, broadcast or the internet. If a selected Eligible Entrant: (a) fails to correctly answer the skill-testing question; (b) fails to return the properly executed Contest documents within the specified time; (c) cannot accept (or is unwilling to accept) the applicable Prize (as awarded) for any reason; and/or (d) is determined to be in violation of these Rules (all as determined by the Contest Sponsor in its sole and absolute discretion); then he/she will be disqualified (and will forfeit all rights to the applicable Prize) and the Contest Sponsor reserves the right, in its sole and absolute discretion and time permitting, to randomly select an alternate Eligible Entrant from among the remaining eligible Entries submitted and received in accordance with these Rules.
Upon receipt of the duly completed Release Forms, the Sponsor or its designated travel agent will contact the winner to coordinate and make travel arrangements for the winner and his/her travel guest. Please Note: A valid Canadian passport is required for all Canadians, including children, intending to visit Korea. It is recommended that the passport be valid for at least three (3) months beyond the date of expected departure from Korea. The Sponsor and the independent contest organization are not responsible for obtaining any travel documents (passport) for the winner and/or travel guest and are released from any liability should the winner and/or travel guest be refused such documents.
10. GENERAL CONDITIONS: All Entries become the property of the Contest Sponsor. This Contest is subject to all applicable federal, provincial and municipal laws. The decisions of the Contest Sponsor with respect to all aspects of this Contest are final and binding on all entrants without right of appeal, including, without limitation, any decisions regarding the eligibility/disqualification of Entries and/or entrants. ANYONE DEEMED BY THE CONTEST SPONSOR TO BE IN VIOLATION OF THESE RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE CONTEST SPONSOR AT ANY TIME.
The Released Parties will not be liable for: (i) any failure of any website during the Contest; (ii) any technical malfunction or other problems relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any Entry or other information to be received, captured or recorded for any reason, including, but not limited to, technical problems or traffic congestion on the Internet or at any website; (iv) any injury or damage to an entrant’s or any other person’s computer or other device related to or resulting from participating in the Contest; and/or (v) any combination of the above.
In the event of a dispute regarding who submitted an Entry, Entries will be deemed to have been submitted by the authorized account holder of the email address used at the time of entry. “Authorized account holder” is defined as the person who is assigned to an email address. An entrant may be required to provide proof (in a form acceptable to the Contest Sponsor – including, without limitation, government issued photo identification) that he/she is the authorized account holder of the Account associated with the Entry in question.
The Contest Sponsor, subject only to the approval of the Régie des alcools, des courses, et des jeux in Quebec, reserves the right, in its sole and absolute discretion, to withdraw, amend or suspend this Contest (or to amend these Rules) in any way, in the event of any cause beyond the reasonable control of the Contest Sponsor that interferes with the proper conduct of this Contest as contemplated by these Rules, including, without limitation, any error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud or technical failure. Any attempt to deliberately damage any website or to undermine the legitimate operation of this Contest in any way (as determined by Contest Sponsor in its sole and absolute discretion) is a violation of criminal and civil laws and should such an attempt be made, the Contest Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law. The Contest Sponsor reserves the right, with the consent of the Régie , to cancel, amend or suspend this Contest, or to amend these Rules, in any way without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason whatsoever. Without limiting the generality of the forgoing, the Contest Sponsor reserves the right, in its sole and absolute discretion, to administer an alternate test of skill as it deems appropriate based on the circumstances and/or to comply with applicable law.
The Contest Sponsor reserves the right, subject to the consent of the Régie to adjust any of the dates, timeframes and/or other Contest mechanics stipulated in these Rules, to the extent necessary, for purposes of verifying compliance by any entrant, Entry or other information with these Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of the Contest Sponsor, in its sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Rules, or for any other reason.
For Quebec residents: Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of the prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.
In the event of any discrepancy or inconsistency between the terms and conditions of these English Rules and disclosures or other statements contained in any Contest-related materials (including, without limitation, the French version of these Rules); the terms and conditions of these English Rules shall prevail, govern and control to the fullest extent permitted by law.
Contest Sponsor: Kia Canada Inc. Contest Period starts at 6:00 a.m. on Saturday, July 2, 2016 and ends at 11:59 p.m. on Sunday, July 31, 2016. Open to residents of Canada, including Quebec. Enter online by completing the entry form, and full rules at www.kia.ca/superfan. Three (3) Prizes available, one (1) for each eligible contestant, one (1) trip for two (2) to Seoul, South Korea. Prizes have an approximate retail value of between of $9,200 each CAD. Odds depend on number of eligible entries received. Skill-testing question required. Limit of one (1) entry per person.
Available for Quebec province only.
No purchase necessary. Enter by going to the Kia display during the Just for Laughs Festival in Montreal and completing an electronic Contest Entry Form or enter online at kia.ca/kiahahaha. Contest ends on July 30, 2016. Prizes: 2 Just for Laughs VIP Packages for 2 people to attend a 2017 Vidéotron Juste Pour Rire Gala. The approximate retail value of each prize is $1,500 each. Package for 2 includes: 1 night at a Montréal hotel, VIP dinner, VIP tickets to attend a Videotron Gala. Contest rules and regulations at kia.ca/kiahahaha.
#KIAHAHAHA Facebook contest
1. Contest Period: The contest begins July 12th, 2016 at 9:00 am (EST) and ending July 18, 2016 at 23:59 (EST). The date and time of the social post will determine the eligibility of it in the contest.
2. Eligibility: The contest is open to Quebec residents only. Participants must have reached the age of majority at time of entry. This contest is not open to (i) Kia Canada employees, Just for Laughs Group or their advertising and promotional agencies, or their agents, affiliates, subsidiaries, affiliates, advertising agencies and promotion or assignees, or to (ii) persons residing in the same household as the persons mentioned above.
3. How to Enter: Participation on Social Media: To participate, you must share your photo and the hashtag #KiaHahaha under the specific post of “Juste pour rire Kia Hahaha contest”, on the Facebook page or Instagram account of Kia Canada, between July 12 and July 18.
4. Prizes: Prize to win: One of two (2) Just for Laugh VIP Packages for two (2) persons to attend the Saturday July 23, 2016 Gala Vidéotron Juste pour rire. Value of $1,500 each. Package includes: 1 night at a Montreal hotel (for 2 persons), VIP dinner (for 2 persons), two (2) VIP tickets to attend a Videotron Gala. Winners must be available on Saturday July 23 to attend the Gala. Prize must be taken, as is, no possibility to change to another date.
All prizes awarded will be determined by Kia Canada in its sole discretion. Prizes may not be substituted or exchanged against a sum of money. All prices must be accepted "AS IS" WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation, any implied warranty of merchantability for a particular purpose). In the event that it is impossible to award the prize as described, Kia Canada reserves the discretionary right to substitute a prize of equal value. All fees and all incidental expenses not specified in these regulations are not included in the prize, fully transfer to the winners. THE WINNERS ARE the only RESPONSIBLE FOR THE USE OF PRIZES.
5. Winner Selection: Random draw will take place on Tuesday July 19 at noon (12:00) EST, from all participants who have posted their picture on Kia Canada’ Social channels, on the specific Juste pour rire contest post.
All Winners will be contacted via Social Media directly on their post/picture shared. If a selected winner can not be contacted within two (2) business days following the date of disclosure or Kia Canada determines (in its sole discretion) that the selected entrant does not meet all contest conditions set out in this regulation, another draw will be done and another entrant will be declared the winner. This process will be repeated until all eligible winners are declared winners of all VIP packages. Winners must sign a Declaration and Release of Liability confirming its acceptance and compliance with the Contest Rules and releasing Kia Canada, Just for Laugh Group and their employees, directors, officers, directors, affiliates, agents, parent companies, subsidiaries, professional advisors and advertising agencies and respective promotional (collectively, the "Released Parties from any liability") from any liability in connection with the holding of this contest or arising, including responsibility for the acceptance and use the delivered prize, administration of the Contest and selection of winners.
6. Ownership interests: All entries and all electronic forms sent to Kia Canada in connection with the Contest (collectively, "Entry Materials") and all copyrights, trademarks and other related property rights, become ownership of Kia Canada upon consignment. The participation documents will not be returned. All participants agree to take additional reasonable steps (including the execution of affidavits and other documents) to bring into force, validate or confirm Kia Canada property rights according to what is stated with Article 6. Note this promotion is not associated with Facebook, nor is managed by Facebook or their associates. Participants must ensure that any photo or images submitted to the Contest are original and do not violate any copyrights, be offensive, slanderous, violent or pornographic in nature.
7. Use of personal information and the names of the winners, image, etc.: By entering the Contest, participants consent to the collection, use and disclosure of information by Kia Canada in order to ammonisation , sending price and disclosure of winners. Unless otherwise specified by law, by entering the contest, all participants agree Kia Canada or their advertising and promotional agencies, the unlimited right (without it being an obligation) to publish and use, without payment or other compensation without notice, consent or approval, their name, photograph or picture, address (city and province / territory), in any publicity or website, or Facebook, indefinitely and without geographical restrictions, disseminated through now known or hereafter devised media (including Internet) and unconditionally consent to such publication or use without further notice, approval or compensation.
8. General Release: By entering the Contest, on Facebook or other Social channels, you understand that the content is public and could be viewed by anyone who consults the Page. Each contestant releases and discharges the Released Parties (including Facebook) from any liability and waive any cause of action for damages, losses or damages of any kind to any person or persons (including death, personal injury, damage to property, the rights to information publicity or privacy, defamation or misrepresentation, whether intentional or unintentional) arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any prize or portion of a prize, or the inability to use one or the other, or any other facts related to participation contest.
9. Indemnification: By entering the Contest, each entrant agrees to assure and hold harmless the Released Parties (including Facebook) from any liability for any damage, liability or causes of action (however phrased or named) arising from: (i) participation in the contest (ii) the acceptance or use of the prizes, (iii) the administration of the Contest and distribution of the prizes awarded.
10. Limitation of Liability: The parties released from all responsibility can not be held responsible for damages caused or likely caused by a contest entry, prize or other correspondence or data lost, stolen, delayed, illegible, distorted, damaged or sent to the wrong place, what reason whatsoever; dissemination of incorrect, inaccurate or out-dated about the competition on the site by users or due to programming errors, or technical failures; technical or human error while processing an entry. In addition, Kia Canada assumes no responsibility for printing errors appearing in these rules or any other document related to the contest.
11. General Rules: This contest is subject to all laws and federal rules, provincial or municipal legislation. Except where contest are prohibited by law, any question relating to the validity, interpretation and enforceability of these regulations or the rights and obligations between the participants and Kia Canada (and Released Parties from any liability) in connection with the Contest is governed by the laws of Quebec and construed in accordance with these laws, including procedural provisions without giving effect to any choice of a provision or rule of law or conflict laws that have the effect of making the applicable law of another jurisdiction. Any dispute regarding the organization or conduct of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux ("RACJ") for a ruling. Any litigation respecting the awarding of a prize may be submitted to the RACJ sole purpose of helping the parties reach a settlement. Any attempt by any person to tamper with the entry process, interfere with the proper administration of the Contest or the application of its regulations, to deliberately damage the sites or any other web site, use or promote any portion sites or the Contest for the purposes of conducting or promoting illegal gambling activities, impair the administration, security or legitimate activities related to the Contest or to take unfair or harmful behaviour for Kia Canada contest may be in violation of the law, and Kia Canada reserves the right to seek damages or other relief from all persons who committed such acts to the fullest extent permitted by law, which can include, without limitation, disqualification from the contest or banning participation of participants or other persons in the Contest or any other games, promotions, other contests or competitions organized by Kia Canada. Kia Canada reserves the right to prohibit the participation of persons whose eligibility is in question, who were disqualified or who are ineligible for any reason the contest. Kia Canada reserves the right to substitute the prizes with other prizes of equal value or, with the approval of the ("RACJ"), to terminate the Contest, to modify or withdraw, fully or in part (including changing how prizes are distributed), at any time without notice for any reason, including, without limitation, delay, postponement, abandonment or cancellation of any part of Kia Canada, or other causes beyond the control of Kia Canada and may, according to the opinion of Kia Canada in its sole discretion, affect the administration, security, fairness or proper play of the Contest. If a replacement prize is awarded, the prize must be accepted as awarded and cannot be replaced or exchanged against money. In addition, Kia Canada reserves the right to disqualify any participant and declare cancelled any entries of that participant if the latter is presumed to have tampered with the entry process at play or another element of the competition, if his behaviour or his actions may affect the administration, security, fairness, integrity or proper conduct of the Contest, or do not comply with the contest rules. All entries are subject to verification and may be declared invalid if it is possible to determine that they were forged, falsified, altered, improperly submitted or modified in any way, or that they infringe the rules contest. The invalidity or unenforceability of any provision of the competition rules is of no consequence on the validity and enforceability of the remaining provisions. If any provision of these Contest Rules is declared invalid, unenforceable or illegal, these Official Rules Regulation remain in force and should be interpreted in accordance with their formulation in the same way as if the invalid or illegal provision was not there