Terms & Conditions
for Australian Open 2013
Please read these Terms and Conditions carefully. If you do not agree with them, you should not proceed any further with the Australian Open 2013 Event (“Event”) presented by Kia Motors Corporation (“Kia”). By continuing to participate in this Event, you agree to be bound by the following Terms and Conditions.
This Event is in no way sponsored, endorsed or administered by, or associated with, Facebook. You are providing your information to Kia and not to Facebook. The information you are providing will be used for marketing purposes by Kia.
1. ELIGIBILITY
1.1 Entry and participation in this Event is free and one may enter more than once. If you wish to be a Facebook user to participate in this Event, please refer to the Facebook Statement of Rights and Responsibilities at: www.facebook.com
1.2 There is no limit to the number of people that can participate in the Event.
1.3 Employees of Kia (and/or any employee of associated companies of Kia) may participate in this Event for their own enjoyment; however, they are not eligible for any prizes.
1.4 Kia reserves the right to exclude any participants who infringe upon the stated conditions of entry for this Event. Any person, or persons, using prohibited aids, or otherwise seeking to obtain advantage by manipulations of any kind whatsoever, will be excluded from the Event as well. In such cases, Kia also reserves the right to disallow prizes already awarded and demand return or repayment for the value of the prize awarded thereafter. Participants shall take part via their own Facebook. Any person, or persons, found using a fraudulent account or not that of their own will have their winning entry voided and Kia reserves the right to pursue legal action. Kia reserves the right to refuse or accept any content from participants that is deemed inappropriate at the sole discretion of Kia.
2. EVENT
2.1 This Event is related to the introduction of Kia’s sponsorship of the Australian Open. This Event consists of one campaign, the “Ask tennis stars!” campaign. There is no fee to enter the campaign. There are two ways to participate in this Event.
Number - This campaign involves participants posting questions on Facebook for their favorite tennis stars and earning votes from other participants. Participants can participate by either writing questions, voting or both.
※ The Question Stage
- Participants submit their questions for their favorite tennis star via comments.
- The questions received may be asked to tennis stars and the questioners’ name may be revealed via TV and/or uploaded video through the internet.
- Questions only will be accepted from December 20, to December 26, 2012 and may be revealed via TV and/or uploaded video through the internet.
- One (1) participant who earns the most votes by the public will receive round-trip air transportation, hotel accommodation and an entry ticket for the final match. (Winner may travel with one companion or alone)
- The five (5) participants who earn the second highest through sixth highest votes by the public will receive Australian Open goods such as a Towel, a Wilson Australian Open triple racquet bag-event, or a Wilson Jumbo Ball. All gifts are subject to availability.
※ The Question Stage
- Participants can vote via the Facebook Australian Open Question page.
- Participants can vote for each contestant but cannot vote for one contestant more than once.
- Five (5) participants who vote on a Question will be randomly selected to receive Australian Open goods such as a Towel, a Wilson Australian Open triple racquet bag-event, or a Wilson Jumbo Ball. Goods are subject to change based on availability.
-The Event period is from December 20, 2012 until January 6, 2013.
2.2. All Entries submitted during the Event period will be eligible to win any of the prizes. Entries submitted outside of the stated Event period will not be eligible to win.
3. EVALUATION CRITERIA
Kia will evaluate each submitted application based on the following criteria:
※ The Question Stage
- Participants will submit questions for their favorite tennis stars. Then Facebook fans will vote for their favorite question. The six (6) questions with the highest vote counts will be the winners.
※ The Voting Stage
-Five (5) Facebook fans who vote for their favorite questions will be selected at random.
4. Event procedure
4.1 Prize will be given to each stage’s winner. The winner of every stage will be selected according to each evaluation criteria.
- For the Question stage of the “Ask Tennis Stars!” Campaign, winners will be selected by online voting and the top six (6) entrants will receive prizes.
The one participant (1) with the highest vote count will receive round-trip air transportation, hotel accommodation and entry ticket for the final match for questioner him/herself and his/her teammate. (The winner may choose one other person to accompany him/her)
The five (5) participants who earn the second highest through sixth highest votes by the public will receive Australian Open goods such as a Towel, a Wilson Australian Open triple racquet bag-event, or a Wilson Jumbo Ball. Goods subject to change based on availability.
- For the Voting stage of the “Ask Tennis Stars!” campaign, five (5) winners will be randomly selected to receive Australian Open goods such as a Towel, a Wilson Australian Open triple racquet bag-event, or a Wilson Jumbo Ball. Goods are subject to change based on availability
4.2 The prizes will be awarded to the chosen participants in the Event. No participant may win more than one prize in this Event. Winners for Ask Tennis Stars will be announced on January 8, 2013. The announcement date is subject to change.
4.3 Kia will notify winners via e-mail and publish their Facebook usernames on Kia Motors Worldwide Facebook page. Additional information may be required to claim prizes. Winners failing to reply to the e-mail notification within three days will forfeit their claim to a prize. Non-responses will be considered a rejection of the prize. In these cases, the prize will be awarded to the next participant chosen by Kia.
4.4 Participants’ collected digital data and information automatically grant Kia an exclusive license to use the data and information unconditionally. Participants are not entitled to claim any remuneration for the granting of these rights. The participants, including winners, still retain the title to their collected digital data and information.
4.5 The grand prize winner of “Ask Tennis Stars!” is responsible for his or her own share of the preparation, including but not limited to a valid passport, all necessary travel visas and personal belongings, for the trip to travel destination. Participants are responsible for ensuring that the data on Facebook relating to their e-mail is correct. Only participants residing in a country where the acceptance of a prize in the form of a trip to the given travel destinations is not legally forbidden are entitled to the prize. If the Grand prize winner has an issue with obtaining a visa, the giveaway may be changed to the second to sixth prize.
4.6 The Event winners must agree to grant Kia an exclusive and unconditional license to use the story, photographs, and videos submitted to Kia and make them available for use for marketing purposes or otherwise. Also, to the extent permitted by applicable law, the winners’ acceptance of prizes constitutes permission for Kia to sublicense its rights to any third party authorized by Kia to use the names, photographs and videos of the winners for publicity purposes.
5. PRIZES
The prizes for this Event are as follow:
Campaign Winner Prize Judging Criteria
Ask Tennis Stars! Grand prize winner (1 person) - Round- trip air transportation (2ea)
- Hotel accommodation (2 rooms)
- Final match ticket (2ea) - Questions: Highest number of votes
- Voting: randomly selected
3 persons AU Open Official 2013 Men's or Women’s Player Towel
3 persons Wilson Australian Open triple racquet bag-event
4 persons AU Open Wilson Jumbo Ball
5.1 All the winners except the Grand prize winner get a single gift, which is randomly distributed.
5.2 No cash or prize substitution is allowed except at the discretion of Kia.
5.3 Although Kia’s distribution of the prizes may be delayed for any reason, no interest will be paid on the prize, and prizes cannot be transferred without the prior written consent of Kia.
5.4 Kia shall not be responsible for any local tax that the winner is required to pay resulting from the acceptance of a prize.
5.5 If the prizes cannot be awarded due to circumstances beyond the control of Kia, Kia at its sole discretion, reserves the right to substitute a prize of equal value.
5.6 In case of the Grand prize winner under the age of 19, parental/legal guardian should accompany or his/her consent is required prior to their travel. (Additional documents to prove relationship must be submitted)
6. LIABILITY
6.1 All contractual obligations of Kia are deemed to be fulfilled on delivery of the prizes to the winners. Kia shall not be responsible for any material defect of the prizes.
6.2 Any announcement or publication of winners' names is unofficial and does not constitute a guarantee to the winner that the prize will be awarded to him/her. No potential winner is deemed to have won a prize until his/her eligibility has been confirmed by Kia's verification process.
6.3 Kia shall not be liable for: (i) late, lost, delayed, stolen, misdirected, incomplete, unreadable, inaccurate, misrepresented or unintelligible entries, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind caused by the prize or resulting from acceptance, possession or use of a prize, or from participation in this Event; or (v) any printing, typographical, administrative or technological errors in any materials associated with this Event. Kia disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Event, and reserves the right, in its sole discretion, to cancel, modify or suspend this Event should a virus, bug, computer problem, unauthorized intervention or other causes beyond Kia’s control, corrupt the administration, security or proper play of this Event.
6.4 By participating in this Event, participants agree that no claim shall be asserted against Kia, its affiliates or any of their respective directors, officers, employees or agents in respect of any and all losses or injuries (including without limitation special, indirect or consequential losses), damages, rights, claims or actions of any kind whatsoever that result from participation to this event and/or your acceptance and enjoyment of the prize. Participants further agree to make no claim to Facebook and completely release Facebook from any responsibility in relation to Event.
7. OWNERSHIP OF CONTENT
7.1 During the course of this Event, participants will submit their own created content. Participants bear sole liability and sole responsibility for the legality of the data and for ensuring that they have the necessary rights to digital data supplied by them. Participants shall be liable for and hold Kia harmless from and against all losses and damages incurred and suits and claim brought by third party due to possible infringement of intellectual property right of the third party. Participants shall, at his/her own expense, take charge of the defense of any such suits and claim.
7.2 Digital data and information must not contain statements that are racist, sexist, defamatory in nature, nor statements glorifying violence nor which could be construed as deriding, insulting or similarly offending specific individuals or groups. Any participants violating this condition will be excluded from this Event forthwith and Kia reserves the right to take further legal action.
7.3 By entering the Event, except where prohibited by law, each participant agrees that Kia has the right and permission to use and announce the name, picture, voice, performance, background and biographical data, photograph, image, testimonial, or other likeness and/or prize information or personal exposition (and/or any edited portion thereof), and/or any information contained in his/her entry for promotional, advertising, publicity and/or other purposes in relation to the Event.
8. MISCELLANEOUS PROVISIONS
8.1 The legal relationship between Kia and the participants is governed by the laws of the Republic of Korea. Any and all legal actions or claims arising in connection with this promotion and contest must be brought in a court of competent jurisdiction in Seoul, Republic of Korea.
8.2 Kia is subject to the Republic of Korea data protection laws when collecting and processing personal data. However, if you communicate with Kia in regards to any and all legal actions or claims arising in connection with this Event by email, you should note that the security of Internet email is uncertain. By sending sensitive or confidential email messages that are not encrypted you accept the risks of such uncertainty and possible lack of confidentiality over the Internet.
8.3 Kia reserves the right to amend these Terms and Conditions of entry at any time without prior notice.
8.4 Informative and explanatory material relating to this Event is an integral part of these Terms and Conditions. However, any terms and conditions on the informative and explanatory material relating to this event that are contradictory to these Terms and Conditions shall be invalid and these Terms and Conditions shall prevail.
INQUIRY: Any inquiries related to participating in this Event shall be either emailed to onlinesupport@kia.co.kr or mailed to Kia Motors Corporation (Attn: Overseas Communication Team), 231 Yangjae-dong, Seocho-gu, Seoul, 137-938, Republic of Korea. Requests received after the close of the Event period will not be honored.
