Kia Motors/Orlando Magic Drive for Five Ticket Offer
TERMS AND CONDITIONS
OFFER BEGINS AT ON FEBRUARY 1, 2012 AND ENDS ON FEBRUARY 29, 2012
limited time while supplies last offer. The Offer is sponsored by Kia, 111 Peters Canyon Road, Irvine, CA
92606, its authorized Orlando-area dealerships listed below, and the Orlando Magic, Ltd.,
8701 Maitland Summit Blvd., Orlando, FL 32810
tickets may require participants to sign Offer Entities issued paperwork.
1. HOW TO QUALIFY: To qualify for the Offer, eligible individuals must complete a purchase or
lease of a new Kia brand vehicle (2010 (if available), 2011 or 2012 models only) at one (1) of nine
(9) participating Orlando-area Kia dealerships designated below during the Offer Period. Each
eligible individual that satisfies the Offer requirements will receive two (2) tickets to five (5) Offer
Entities-selected 2011-2012 Orlando Magic regular season home games, while supplies last.
Redemption of the Offer is expressly conditioned upon acceptance of all Terms and Conditions.
Void where prohibited by law. If an individual chooses to finance the purchase of the Kia vehicle, all
such financing must be in place and finalized before the expiration of the Offer Period. If an
individual chooses to lease the Kia vehicle, all lease paperwork must be finalized and approved
before the expiration of the Offer Period.
2. Participating Orlando Area Kia Retailers:
Orlando KIA North -- 625 North Highway 17-92, Longwood, FL 32750. Phone: (407) 571-1234
Orlando Kia West -- 3407 West Colonial Drive, Orlando, FL 32808. Phone: (407) 532-2217
Orlando Kia East -- 8701 East Colonial Drive., Orlando, FL 32817. Phone: (407) 678-1717
3. TICKETS: With a qualifying purchase or lease of a new Kia vehicle at a participating Orlando-area
Kia Retailer during the Offer Period, Kia Motors, at their sole discretion, will provide two (2) tickets
to five (5) Orlando Magic regular season home games, while supplies last, to eligible individuals.
Individuals will be required to fill out a Drive for Five form to confirm acceptance of the tickets.
Individuals will not be able to choose which package of games they will receive. The decision of
which package an individual will receive will be in the Offer Entities sole and absolute discretion.
Promotion is valid while supplies last. Limit one ticket package per family or household. If ticket
packages remain after the February 29, 2012 Offer Period end date, Offer Entities may extend the
Offer Period through March 31, 2012 in its sole discretion on a while supplies last basis. Promotion
will be discontinued and no tickets will be awarded after March 31, 2012. The Offer Entities make
no promises or representations regarding the location of the seats of the tickets in the arena or which
regular season home games to which they will receive tickets. The Offer Entities will have the sole
and absolute discretion to select which regular season home game tickets may be forwarded to
eligible individuals. Individuals who satisfy the Offer requirements will be required to comply with
the Orlando Magic/NBA Fan Code of Conduct found at
http://www.nba.com/magic/fans/NBA_Fan_Code_of_Conduct-132682-801.html. Additionally, the
Offer is subject to all of the terms and conditions set forth on the tickets. Any and all taxes of any
kind, fees, insurance and other related costs incurred in conjunction with the tickets, including,
without limitation, costs for parking at the arena, are the sole responsibility of the recipient. Please
allow up to three (3) weeks for the mailing of the tickets following purchase or lease of the new Kia
brand vehicle by an eligible recipient. Tickets cannot be replaced if lost, stolen or destroyed and are
only valid for the games and seats for which they are issued. Tickets are not transferable or
reproducible and may not be sold, auctioned, or bartered. Further, tickets are a revocable license and
admission to the games may be refused for any or no reason by the Orlando Magic. Offer cannot be
combined with other offers/incentive programs or substituted for cash back.
4. ELIGIBILITY: Except as expressly set forth in this Section 4, the Offer is only open to individual
legal residents of Florida who reside within a 75-mile radius of the Amway Center, eighteen (18)
years of age or older at the time of vehicle purchase. Employees and their immediate families
(spouse, parents, siblings, and children) and members of the same household of the Offer Entities,
Amway Center Teams, NBA Properties, Inc. and each of their respective parent organizations, subsidiaries, affiliates, directors, officers, owners, advertising and promotion agencies, and agents are not eligible to participate in the Offer. The Offer is subject to all Kia dealer vehicle purchasing and/or leasing requirements, as applicable. Failure of an individual to satisfy any such requirement (e.g., failure to qualify for financing to purchase a Kia vehicle or failure to maintain the required credit score to qualify to lease a Kia vehicle) will disqualify such individual from the Offer. Further, any individual
who has been banned from attending 2011-12 Orlando Magic home games is not eligible.
5. ADMINISTRATION: Kia and/or the Orlando Magic expressly reserve the right to amend, suspend
or terminate this Offer at any time without prior notice or consent should any tampering, technical
failure, unauthorized human intervention or other cause beyond the Offer Entities' control corrupt or
affect the administration, security, fairness or proper conduct of the Offer. Administration of this
Offer is at the sole discretion of Kia and/or the Orlando Magic. Any questions relating to eligibility,
these Terms and Conditions or any other questions concerning this Offer will be resolved at the sole
discretion of Kia and/or the Orlando Magic and their decisions will be final and binding with respect
thereto. No requests for exchanges, seat location, or cash equivalent for the tickets will be considered
and no substitutions will be made. Qualified individuals must sign any required documents in
connection with the Offer as determined by Kia and/or the Orlando Magic in their sole and absolute
discretion. All necessary transportation/airfare and/or accommodations/lodging in connection
with attending the events associated with the tickets are solely the responsibility of qualified
individuals. Qualified individuals are responsible for any and all other expenses related to the Offer,
including, but not limited to, meals, beverages, transportation, parking and personal purchases. No
responsibility is assumed by the Offer Entities or its affiliates for cancelled, delayed, suspended or
rescheduled events. No groups, clubs, corporations, companies, partnerships, or organizations may
participate in this Offer or reproduce or distribute any portion of these Terms and Conditions to their
members.
6. RELEASE AND WAIVER OF LIABILITY: By redeeming this Offer, individuals agree to release,
defend, indemnify and hold harmless the Offer Entities, including the National Basketball
Association, its member professional basketball teams (including the Orlando Magic), and each of
their respective parent corporations, subsidiaries, advertising and promotion agencies, affiliates,
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directors, officers, employees, representatives and agents from and against any and all liability claims
or actions of any kind whatsoever (however named or described) for injuries, death, damages or
losses to persons and property which may be participation in the Offer; and (ii) the receipt, use or misuse of the tickets, or while preparing for, participants in, and/or traveling to any ticket-related activity. The Offer Entities expressly disclaim any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use or misuse of the tickets. In consideration of the tickets, each individual hereby agrees and consents, without further authorization, compensation or remuneration of any kind, to the information and statements concerning the Offer, in any and all advertising, promotions and other publicity conducted by the Offer Entities, and/or the National Basketball Association, its member professional basketball teams (including the Orlando Magic), and each of their respective parents, subsidiaries and affiliates.
7. DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY: TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INDIVIDUALS WHO
PARTICIPATE IN THE OFFER AGREE THAT ANY TICKETS RECEIVED ARE PROVIDED
AS-IS WITHOUT ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR
IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED,
RELATIVE TO THE USE OR ENJOYMENT OF THE TICKETS, INCLUDING, WITHOUT
LIMITATION, ITS QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR
PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF
IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO
CONDITIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW,
NONE OF THE OFFER ENTITIES ARE RESPONSIBLE OR LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, ECONOMIC, EXEMPLARY,
PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT
LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY,
DIRECTLY OR INDIRECTLY, TO REDEMPTION OF THE OFFER, EVEN IF FORESEEABLE
OR EVEN IF THE OFFER ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
8. DISPUTE RESOLUTION:
(a) Informal Dispute Resolution. Prior to filing any arbitration proceeding pursuant to paragraph
8(b) hereof, the party intending to file such a proceeding shall notify the other party in writing of the
existence and the nature of the dispute. The parties each agree that within ten (10) business days of
the other party's receipt of such notice, a representative of each party shall meet for a minimum of
one (1) eight (8) hour day, or such shorter period of time if the dispute is more quickly resolved, in
Orlando, Florida in order to attempt to amicably resolve the dispute. If such informal dispute
resolution attempts prove to be unsuccessful, the notifying party may initiate the dispute resolution
procedures available as set forth herein. Each party shall bear its own costs associated with the
meeting and in no event shall either party be liable to the other for any costs or expenses incurred as a
result of such meeting.
(b) Arbitration. Except as provided in paragraph 8(c) with respect to injunctive proceedings, and
paragraph 8(a) with respect to informal dispute resolution, all controversies, disputes or claims
arising between the parties arising out of or related to the Offer shall be submitted promptly for
arbitration to be conducted in Orlando, Florida, and administered by the American Arbitration
Association. Such arbitration proceedings shall be resolved by a single arbitrator selected by mutual
agreement of the parties. If the parties are unable to agree on the appointment of the arbitrator to
resolve the dispute within thirty (30) days from the date when the request for arbitration initially has
been communicated to the other party, such appointment shall be made by the American Arbitration
Association. The arbitrator shall have the right to award or include in the award any relief deemed
proper under every circumstance including attorney fees and costs incurred by the prevailing party.
The award and decision of the arbitrators shall be conclusive and binding upon all parties hereto and
judgment upon the award may be entered in any court of competent jurisdiction. The parties waive
any right to contest the validity or enforceability of such award. All issues and questions concerning
the construction, validity, interpretation and enforceability of these Terms and Conditions, or the
rights and obligations of any individual or the Offer Entities, shall be governed by, and construed in
accordance with the laws of the State of Florida, without giving effect to any choice of law or conflict
of law rules or provisions (whether of Florida, or any other jurisdiction) that would cause the
application of the laws of any jurisdiction other than Florida. The parties agree that all disputes
arising out of or connected with these Terms and Conditions or the Offer will be resolved
individually, and without resort to class action.
(c) Injunctive Relief. The parties acknowledge that violation of these Terms and Conditions
would cause irreparable harm that would not be adequately compensable by monetary damages. In
addition to other relief, it is agreed that preliminary and permanent injunctive relief will be available
to prevent any actual or threatened violation of such provisions.
9. SPONSORS: Kia Motors America, Inc., 111 Peters Canyon Road, Irvine, CA 92606, and Orlando
Magic, Ltd., 8701 Maitland Summit Blvd., Orlando, FL 32810.
10. MISCELLANEOUS: No waiver of any of the provisions of these Terms and Conditions shall be
deemed or shall constitute a waiver of any other provisions hereof, nor shall waiver constitute a
continuing waiver unless otherwise expressly provided. If any provision of these Terms and
Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such
provision shall be severed from the remainder of these Terms and Conditions, which will otherwise
remain in full force and effect.