THIS CONTEST IS OPEN ONLY TO RESIDENTS OF CANADA AND IS GOVERNED BY CANADIAN LAW
1. KEY DATES:
Kia Canada’s Niro Contest (the “Contest”) starts on January 1, 2024 at 12:00:00 p.m. ET and ends on October 31, 2024 at 12:00:00 p.m. ET (the “Contest Period”).
2. ELIGIBILITY TO ENTER:
Contest is open to residents of Canada who have reached the legal age of majority in their province/territory of residence at the time of entry; except employees, representatives or agents (and those with whom such persons are living, whether related or not) of Kia Canada Inc. (the “Sponsor”), its parent companies, subsidiaries, affiliates, prize suppliers, dealers, advertising/promotion agencies and any other individual(s), entity or entities involved in the development, production, implementation, administration or fulfillment of the Contest (collectively with the Sponsor, the “Contest Parties”).
3. AGREEMENT TO BE LEGALLY BOUND BY RULES:
By participating in this Contest, you are signifying your agreement that you have read and agree to be legally bound by these Official Rules and Regulations (the “Rules”).
4. HOW TO ENTER:
NO PURCHASE NECESSARY. MAKING A PURCHASE OR ATTENDING AN EVENT WILL NOT IN ANY WAY WHATSOEVER INCREASE OR OTHERWISE IMPACT YOUR CHANCES OF WINNING.
You can earn a maximum of one (1) Entry (each, an “Entry” and collectively, the “Entries”), as follows:
Attending an Event: Where the Contest is promoted by Sponsor at any promotional event attended by Sponsor (each an “Event”) during the Contest Period, attendees will complete the electronic entry form (the “Entry Form”). Once you have completed the Entry Form with all required information, follow the on-screen instructions to submit your Entry Form to earn one (1) Entry. To be eligible, your Entry must be received during an Event.
OR
Online: During the Contest Period, visit https://nirocontest2024.kia.ca/ (the “Website”) to obtain the Entry Form. Once you have completed the Entry Form with all required information, follow the on-screen instructions to submit your Entry Form to earn one (1) Entry. To be eligible, your Entry must be received during the Contest Period.
5. ENTRY LIMIT AND CONDITIONS:
There is a limit of one (1) Entry per person (regardless of the method of entry). If it is discovered by the Sponsor (using any evidence or other information made available to or otherwise discovered by the Sponsor) that any person has attempted to use multiple names, multiple identities, multiple email addresses, any automated, macro, script, robotic or other system(s) or program(s), and/or any other means not in keeping with the Sponsor’s interpretation of the letter and spirit of these Rules to enter or otherwise participate in or to disrupt this Contest; then they may be disqualified from the Contest in the sole and absolute discretion of the Sponsor. The Contest Parties and each of their respective agents, employees, directors, officers, successors, and assigns (collectively, the “Released Parties”) are not responsible for, and accept no liability whatsoever in relation to, any late, lost, misdirected, delayed, incomplete or incompatible Entries (all of which are void).
6. VERIFICATION:
All Entries, and entrants are subject to verification at any time and for any reason. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the 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 and/or other information entered (or purportedly entered) for the purposes of this Contest; and/or (iii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Contest in accordance with the Sponsor’s interpretation of the letter and spirit of these Rules. Failure to provide such proof to the complete satisfaction of the Sponsor within the timeline specified by the Sponsor may result in disqualification in the sole and absolute discretion of the Sponsor. The sole determinant of the time for the purposes of this Contest will be the official time-keeping device(s) used by the Sponsor.
7. PRIZE:
There will be one (1) prize (the “Prize”) available to be won consisting of the confirmed winners choice of:
Option 1: A 2024 Niro HEV. The approximate retail value of this option is $42,133 CAD;
OR
Option 2: A 2024 Niro EV and $1,000 CAD (payable in the form of a cheque in the name of the confirmed winner) to support the purchase and installation of at home charging station. The approximate retail value of this option is $57,733 CAD;
OR
Option 3: A 2024 Niro PHEV and $1,000 CAD (payable in the form of a cheque in the name of the confirmed winner) to support the purchase and installation of at home charging station. The approximate retail value of this option is $42,433 CAD.
Regardless of the option selected by the confirmed winner, the vehicle (“Vehicle”) trim, colour and other specifics must be selected by the confirmed winner and is subject to Sponsor’s remaining inventory in confirmed winner’s province/territory of residence at time of selection. All other costs associated with the Prize (including, but not limited to, licence, insurance and registration fees) shall be the sole responsibility of the confirmed winner. IMPORTANT NOTE: THE APPROXIMATE RETAIL VALUE OF THE PRIZE NOTED ABOVE IS CURRENT AS OF NOVEMBER 29, 2023. UNDER NO CIRCUMSTANCES WHATSOEVER WILL ANY DIFFERENCE BETWEEN THE ACTUAL RETAIL VALUE OF THE PRIZE AS AT THE TIME OF FULFILMENT AND THE APPROXIMATE RETAIL VALUE OF THE PRIZE NOTED ABOVE BE AWARDED. Without limiting the generality of the foregoing, the following general conditions apply to the Prize: (i) Prize must be accepted as awarded and is not transferable, assignable and/or convertible to cash (except as may be specifically permitted by Sponsor in its sole and absolute discretion); (ii) no substitutions are permitted, except at Sponsor’s option; (iii) the costs of everything not specifically and expressly stated above as included in the Prize are the sole and absolute responsibility of the confirmed winner; (iv) if the confirmed winner does not utilize any part(s) of the Prize, then any such part(s) not utilized may, in the sole and absolute discretion of the Sponsor, be forfeited in their entirety and, if forfeited, nothing will be substituted in their place; (v) Sponsor reserves the right at any time to: (a) place reasonable restrictions on the availability or use of the Prize or any component thereof; and (b) substitute the Prize or a component thereof for any reason with a prize or prize component(s) of equal or greater retail value, including, without limitation, but solely at the Sponsor’s sole discretion, a cash award; (vi) Vehicle will not be released unless and until the confirmed winner first shows proof (in a form acceptable to the Sponsor) of having a valid driver’s licence (equivalent to a full “G” class licence in Ontario) in the province/territory in which they reside and proof (in a form acceptable to the Sponsor) of satisfactory insurance; (vii) by accepting the Prize, the confirmed winner agrees to waive all recourse against the Sponsor and all of the other Released Parties if the Prize or a component thereof does not prove satisfactory, either in whole or in part; and (viii) in the event that the eligible Prize winner does not have a valid driver’s licence or that Prize claimant is not legally eligible to operate the Vehicle, the eligible Prize winner may, in the sole and absolute discretion of the Sponsor, be permitted to transfer the Prize to their spouse, partner, parent, sibling, child or legal guardian who meets the necessary requirements as specified in these Rules. The Sponsor and the other Released Parties are not responsible for any delay or postponement, for any reason, of any aspect of the Prize. Neither the confirmed winner nor any other person or entity will be compensated in the event of such delay or postponement.
None of the Released Parties makes any representation or offers any warranty, express or implied, as to the quality or fitness of the Prize awarded in connection with the Contest. To the fullest extent permitted by applicable law, the confirmed winner understands and acknowledges that they may not seek reimbursement or pursue any legal or equitable remedy from either the Sponsor or any of the other Released Parties should the Prize fail to be fit for its purpose or is in any way unsatisfactory.
8. ELIGIBLE WINNER SELECTION AND ODDS OF WINNING:
On November 15, 2024 (the “Draw Date”) in Toronto, ON at approximately 12:00 p.m. ET, one (1) eligible entrant will be selected by random draw from among all eligible Entries submitted and received in accordance with these Rules. The eligible entrant selected will be eligible to win the Prize (subject to compliance with these Rules). The odds of winning depend on the number of eligible Entries submitted and received in accordance with these Rules.
9. ELIGIBLE WINNER NOTIFICATION PROCESS:
The Sponsor or its designated representative will make a maximum of three (3) attempts to contact the eligible winner, either through the e-mail address or by telephone provided (as applicable) within five (5) business days of the Draw Date. If the eligible winner cannot be contacted as outlined above, or if there is a return of any notification as undeliverable; then they may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit all rights to the Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to randomly select an alternate eligible entrant for the Prize from among the remaining eligible Entries submitted and received in accordance with these Rules in accordance with the procedures outlined in Rule 8 (in which case the foregoing provisions of this section shall apply to such newly selected eligible winner). 10. ELIGIBLE WINNER CONFIRMATION PROCESS: NO ONE IS A WINNER UNLESS AND UNTIL THE SPONSOR OFFICIALLY CONFIRMS THEM AS THE WINNER IN ACCORDANCE WITH THESE RULES. BEFORE BEING DECLARED AS THE CONFIRMED WINNER, the eligible winner 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 Sponsor, be administered online, by e-mail or other electronic means, by telephone, or in the Sponsor’s form of declaration and release); and (b) sign and return in electronic format within five (5) business days of notification the Sponsor’s declaration and release form, which (among other things): (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the Prize (as awarded); (iii) releases the Sponsor and all of the other Released Parties from any and all liability in connection with the Contest, their participation therein and/or the awarding and use/misuse of the Prize or any portion thereof; (iv) agrees to indemnify the Released Parties against any and all claims, damages, liabilities, costs, and expenses arising from use of their Entry; and (v) agrees to the publication, reproduction and/or other use of their name, city and province/territory of residence, 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 Sponsor in any manner or medium whatsoever, including but not limited to print, broadcast, social media platforms and/or the Internet. If the eligible winner: (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 Prize (as awarded) for any reason; and/or (d) is determined to be in violation of these Rules (all as determined by the Sponsor in its sole and absolute discretion); they will be disqualified (and will forfeit all rights to the Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to randomly select an alternate eligible entrant for the Prize from among the remaining eligible Entries submitted and received in accordance with these Rules in accordance with the procedures outlined in Rule 8 (in which case the foregoing provisions of this section shall apply to such newly selected eligible winner). 11. GENERAL CONDITIONS: The Contest is subject to all applicable federal, provincial and municipal laws. The decisions of the Sponsor with respect to all aspects of the Contest are final and binding on all entrants without right of appeal. ANYONE DEEMED BY THE SPONSOR TO BE IN VIOLATION OF THE SPONSOR’S INTERPRETATION OF THE LETTER AND/OR SPIRIT OF THESE RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE SPONSOR AT ANY TIME. The Sponsor and other Released Parties will not be liable for: (i) any failure of any website or any platform during the Contest; (ii) any technical malfunction or other problems of any nature whatsoever, including, without limitation, those relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any Entry and/or other information to be received, captured or recorded for any reason whatsoever, including, but not limited to, technical problems or traffic congestion on the Internet or at any website, including the Entry Form; (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; (v) anyone being incorrectly and/or mistakenly identified as a winner or eligible winner; and/or (vi) any combination of the above. The Sponsor reserves the right, in its sole and absolute discretion, to cancel, withdraw, amend or suspend the Contest (or to amend these Rules) in any way, in the event of any cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of the Contest as contemplated by these Rules, including, without limitation, any error, problem, computer virus, bugs, tampering, unauthorized intervention, fraud or failure of any kind whatsoever. Any attempt to undermine the legitimate operation of the Contest in any way (as determined by Sponsor in its sole and absolute discretion) may be a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law. The Sponsor reserves the right, in its sole and absolute discretion, to cancel, amend or suspend the 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. The 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 Sponsor reserves the right, to adjust any of the dates, timeframes and/or other Contest mechanics stipulated in these Rules, to the extent deemed necessary by Sponsor, for purposes of verifying compliance by any entrant, Entry and/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 Sponsor, in its sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Rules, or for any other reason.
By entering this Contest, each entrant expressly consents to the Sponsor, its agents and/or representatives, storing, sharing and using the personal information submitted only for the purpose of administering the Contest and in accordance with Sponsor’s privacy policy (https://www.kia.ca/legal). This section does not limit any other consent(s) that an individual may provide the Sponsor or others in relation to the collection, use and/or disclosure of their personal information. 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, but not limited to, the French version of these Rules, advertising and/or any instructions or interpretations of these Rules given by any representative of the Sponsor, the terms and conditions of these English Rules shall prevail, govern and control to the fullest extent permitted by law. The invalidity or unenforceability of any provision of these Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Rules shall otherwise remain in effect and shall be construed in accordance with the terms as if the invalid or illegal provision were not contained herein. To the fullest extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Rules or the rights and obligations of participants, Sponsor or any of the other the Released Parties in connection with the Contest will be governed by and construed in accordance with the domestic laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws. The parties hereby consent to the exclusive jurisdiction and venue of the courts located in Ontario in any action to enforce (or otherwise relating to) these Rules or relating to the Contest.