NO PURCHASE NECESSARY TO ENTER OR WIN.
1. ELIGIBILITY. The “ADULT SWIM™ PRESENTS: KIA SOUL/HENSE” Sweepstakes (the “Sweepstakes”) is open to legal residents of the 48 contiguous United States and the District of Columbia, who are at least eighteen (18) years of age or older on June 1, 2009 and possess a valid U.S. driver’s license and auto insurance. The following are ineligible: employees and their spouses (and their immediate families (parent, child, sibling and any of their respective spouses), and household members of any of the foregoing (whether or not related)) of The Cartoon Network, Inc. (“Cartoon Network”), Kia Motors America Inc. (“KIA”) (Cartoon Network and KIA shall be collectively referred to as “Sponsors”), Hot House, Inc. (“Administrator”), Time Warner Inc., and each of their respective parents, subsidiaries, divisions, trustees, franchisees, participating vendors, distributors, cable affiliates, advertising and promotion agencies and affiliated entities (collectively, including Sponsors and Administrator, the "Sweepstakes Entities"). Void in Alaska, Hawaii and wherever prohibited or restricted by law.
The Sweepstakes is governed by U.S. law and subject to all applicable federal, state and local laws and regulations. By entering the Sweepstakes, participants (and their parent or legal guardian if participant is not the age of majority in his/her state of residence) agree to accept and be bound by all terms of these Official Rules.
2. HOW TO ENTER. Participants may enter the Sweepstakes beginning 10:00:01 a.m. Eastern Time (“ET”) on June 1, 2009 until 11:59:59 p.m. ET on June 28, 2009 (“Entry Period”). Cartoon Network’s computer is the official clock for the Sweepstakes. To enter the Sweepstakes, participants must log on to www.AdultSwim.com/KiaSoul and follow the directions to complete and submit the online entry form, including participant’s name, address, e-mail address, birth date and any other requested information.
To be eligible, all entries must be submitted and received during the Entry Period. No other methods of entry will be accepted. LIMIT: one (1) entry per person, household or e-mail address per calendar day. Multiple entries received in violation of the above entry limitation, false or deceptive acts or entries, or entries generated by script, macro or other automated means will be void, will render a participant ineligible, and also may result in participant no longer being allowed to enter Cartoon Network’s sweepstakes, contests or other promotions in the future, at Cartoon Network’s sole discretion.
Entries must be submitted in the name of an eligible living person and the prize(s) can only be awarded to the person or e-mail account holder whose name is on or corresponds to the winning entry. All entries become the property of Sponsors and will not be acknowledged.
The Sweepstakes Entities and their respective employees, officers, directors, representatives, and all others associated with the manufacture, distribution, development and execution of the Sweepstakes and its prize(s) (collectively, the “Released Parties”) are not responsible for technical, hardware or software failures of any kind, lost or unavailable network, cable, satellite, Internet Service Provider, telephone, telephone lines or other connections, pre-emptions, blackouts or any other non-controllable acts concerning a television broadcast, or incorrect, incomplete, misdirected, undelivered, lost, late, garbled or stolen entries or computer transmissions, or other errors or problems of any kind which may limit or affect a person’s ability to participate in the Sweepstakes. In the event of sabotage, acts of God, terrorism, computer virus, worm, bug, or other events or causes beyond Sponsors’ reasonable control, which corrupt the integrity, administration, security or proper operation of the Sweepstakes, Sponsors reserve the right to cancel, modify or suspend the Sweepstakes. In the event of cancellation, Sponsors reserve the right, at its sole discretion, to award the prize(s) from among all eligible, non-suspect entries received up to the time of such action.
3. WINNER SELECTION. On or around June 30, 2009, one (1) potential winner (when verified by Sponsors as set forth below, the “Winner”) will be randomly selected from among all eligible entries received during the Entry Period. The odds of winning will depend on the total number of eligible entries received. Selected Winner must meet all eligibility requirements including the execution and return of all necessary releases and documents, if any.
The Sweepstakes will be administered by Administrator. The decisions of Sponsors and Administrator in all matters regarding the Sweepstakes are final and binding.
4. PRIZE. One (1) Winner will receive one (1) custom painted 2009 Kia Soul (the “Vehicle” or “Prize”), with standard manufacturer equipment (any upgrades or modifications are at the Winner’s sole expense), at an approximate retail value of Eighteen Thousand Five Hundred and ninety-five dollars ($18,595.00). Actual vehicle awarded may vary from promotional photos. Vehicle will have its exterior painted in a one-of-a kind Adult Swim themed graffiti-style by the artist Hense.
No substitution or transfer of prize or cash redemption permitted by Winner. Sponsors reserve the right to substitute any prize of like value for any reason whatsoever.
Winner is solely responsible for all insurance, taxes, title and tag fees, licensing, registration, emissions inspection, additional options and/or accessories (if available) for the Vehicle, maintenance, gasoline, all federal, state and local taxes (including without limitation income taxes) and any and all other fees and expenses (if any) associated with the receipt and use of the Vehicle. Winner will receive an IRS 1099 Form and will be required to sign a waiver acknowledging acceptance of the prize. The value of the prize will be stated on the waiver and on any and all corresponding tax forms. Winner has the right to forfeit the prize, in which case nothing will be awarded in its place to that person and an alternate Winner may be selected, at Sponsors’ sole discretion. Any alternate potential winner will receive notification and prize acceptance forms at a later date.
ADDITIONAL PRIZE RESTRICTIONS:
Winner must TAKE DELIVERY OF his/her vehicle at the AUTHORIZED KIA dealership nearest his/her residence, as determined by Sponsors, IN Sponsors’ sole discretion. WINNER SHALL BEAR ALL RISK OF LOSS OR DAMAGE TO HIS/HER VEHICLE AFTER IT HAS BEEN DELIVERED TO THE SPECIFIED KIA DEALERSHIP. Once Winner has been notified BY ADMINISTRATOR that the Vehicle is at the KIA dealership, he/ she must pick up the Vehicle within thirty (30) days of the date of such notification, OR THE VEHICLE SHALL BE AUTOMATICALLY FORFEITED BY THE WINNER. Sponsors will use all reasonable efforts to deliver the Vehicle within one hundred twenty (120) days of receipt of the Winner Documents (defined below), however, delivery is subject to MANUFACTURER availability. Neither Sponsors nor any other Sweepstakes Entities shall be responsible for delays in delivery of the Vehicle and Sponsors reserve the right to extend the delivery date of vehicle by up to six (6) months from the date of receipt of the Winner Documents.
Vehicle will only be TITLED AND DELIVERED TO WINNER upon Winner providing adequate personal iDENTIFICATION and proof of valid driver's license and satisfactory proof of legally required AUTO insurance. If Winner is not the age of majority in his/her state of residence, the Vehicle must be awarded in Winner’s parent or legal guardian’s name, who must sign and return all required documents and provide proof of valid driver's license and satisfactory proof of AUTO insurance. IF the Winner does not provide adequate personal identification, VALID DRIVER’S LICENSE and PROOF of legally required AUTO insurance, an alternate winner shall be selected and the original Winner’s rights to the Prize Vehicle shall be automatically forfeited.
The Vehicle will be delivered solely with the MANUFACTURER’S express written NEW VEHICLE limited warrantY, SUBJECT TO APLICABLE WARRANTY TERMS, CONDITIONS, RESTRICTIONS AND EXCLUSIONS, AS set forth in the Vehicle’s applicable WARRANTY AND CONSUMER INFORMATION guide
No more than the stated number of prizes will be awarded. All details of the prize not specified herein are at the sole discretion of Sponsors.
5. GENERAL. By participating in this Sweepstakes and accepting the prize, Winner (and Winner’s parent/ legal guardian if Winner is not the age of majority in his/her state of residence) grants the Sweepstakes Entities the right, unless prohibited by law, to use Winner’s name, voice, and likeness, without compensation, or further notification or approval, for the purpose of advertising and publicizing the goods and services of the Sweepstakes Entities and all matters related to the Sweepstakes, in any manner or medium, throughout the world in perpetuity. Winner may be required to sign affidavits of eligibility, prize acceptance forms, tax acknowledgment forms, liability releases and, except where prohibited by law, use of name and likeness releases (collective, “Winner Documents”) and to return these within five (5) days of receipt. If (i) a prize or prize notification is returned as undeliverable, (ii) Winner fails to properly and/or timely reply to and/or return all Winner Documents within the time specified above, (iii) a Winner declines his or her prize, or (iv) a Winner fails to comply with any of the Official Rules as outlined herein, such Winner will be disqualified and an alternate potential winner will be selected by random drawing at Sponsors’ discretion.
The Released Parties expressly disclaim any responsibility REGARDING THE PRIZE and entrants and their parents/legal guardians agree to indemnify and hold harmless the Released Parties, and their respective employees, officers, directors, shareholders and agents, from and against any and all claims, actions, SUITS, demands and/or liability for PERSONAL injury OR DEATH, OR damage or loss to any person or property relating to or arising in connection with participation in this Sweepstakes (regardless of the cause of such injury, DEATH, DAMAGE or loss), the delivery and/or subsequent use or misuse of any of the prizes awarded and/or printing, distribution or production errors.
OTHER THAN THE MANUFACTURER’S NEW VEHICLE limited WARRANTY REFERENCED ABOVE, Participants and their parents/legal guardians acknowledge AND AGREE that THE prize IS awarded “as is” and that SponsorS haVE not made, and ARE not in any manner responsible or liable for any representation, guarantee or warranty, expressed or implied, in law or in fact, relative to the prize, including, but not limited to its quality, mechanical condition, MERCHANTABILITY or fitness for a particular purpose.
6. DISPUTES: Except where prohibited, participants agree that (1) any and all disputes, claims and causes of action arising out of or connected with the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action and exclusively by the appropriate court located in Fulton County, Georgia; (2) any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with participating in this Sweepstakes, but in no event attorneys fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental and consequential damages, and any other damages other than for actual out of pocket expense and any and all rights to have damages multiplies or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or participants’ and/or Sponsors’ rights and obligations in connection with the Sweepstakes shall be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to any choice of law or conflict of law rules (whether of the State of Georgia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Georgia.
7. OFFICIAL RULES OR WINNER’S LIST: For a copy of these Official Rules or Winner’s Name (which should be available on or about July 30, 2009), send a self-addressed, stamped envelope (residents of VT need not include return postage) to the following address (please specify “Official Rules” or “Winner”): Adult Swim Presents: Kia Soul/Hense Sweepstakes, P.O. Box 2783, Atlanta, GA 30301.
SPONSORS: The Cartoon Network, Inc., 1050 Techwood Drive, Atlanta, GA 30318
Kia Motors America, Inc., 111 Peters Canyon Road, Irvine, CA 92606