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Kia MVP Sweepstakes Official Rules

No Purchase or Payment of Any Kind Is Necessary to Participate or Win. A Purchase or Payment of Any Kind Will Not Increase Your Chances of Winning. Void Where Prohibited By Law. Odds of Winning Will Depend on the Total Number of Entries Received During the Sweepstakes Period. Affidavit of Eligibility / Liability Release / Publicity Release May Be Required. All Disputes Will Be Resolved Solely By Binding Arbitration and Participants Waive The Ability To Bring Claims In A Class Action Format. Online Entry Only and Internet Connection Required. This Sweepstakes Is in No Way Sponsored, Endorsed or Administered By, or Associated with, X Corp. (formally known as Twitter) (“X”). 

Eligibility:  The Kia MVP Sweepstakes (“Sweepstakes”) is open only to individuals who are, at the date and time of entry: (1) legal residents (natural persons only) and physically located in one (1) of the fifty (50) United States or the District of Columbia, and (2) the age of majority in their state of residence (which is eighteen (18) in most states but is nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi). Employees, officers, representative, agents, members and directors of NBA Properties, Inc. (“NBAP”) and Kia America, Inc. (“Kia”) (NBAP and Kia are collectively referred to herein as, “Sponsors”), NBA Media Ventures, LLC, the National Basketball Association (“NBA”), the Women’s National Basketball Association, the NBA 2K League, NBAP, their collective member teams, and any applicable Players Union including but not limited to the National Basketball Players Association and the National Basketball Retired Players Association (collectively, the “NBA Entities”), and each of their respective parent companies, subsidiaries, affiliates, officers, governors, owners, distributors, retailers, dealerships, advertising/promotion agencies and teamDigital Promotions, Inc. (“tD” or “Administrator”) (the Administrator, Sponsors and the NBA Entities are collectively referred to herein as, the “Released Parties”), and the immediate family members and those living in the same household of each, whether or not legally related, are not eligible to participate or win a prize. For purposes of this Sweepstakes, ‘immediate family members’ are defined as parent, spouse, sibling or child and their respective spouses, regardless of where they reside, and ‘those living in the same household’ shall mean people who share the same residence at least three (3) months a year, whether legally related or not. Sweepstakes is subject to all applicable federal, state and local laws and is void where prohibited by law. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with X (formally known as Twitter).

Sweepstakes Period:  The Sweepstakes begins at or around 12:00:01 p.m. Eastern Time (“ET”) on 5/6/2024 and all entries must be received by Administrator by or before 11:59:59 p.m. ET on 5/8/2024 (“Sweepstakes Period”). For the purposes of this Sweepstakes, a “Sweepstakes Day” is defined as the twenty four (24) hour period beginning at 12:00:01 a.m. ET and ending at 11:59:59 p.m. ET each day of the Sweepstakes Period, with the exception of 5/6/2024, which will start at 12:00:01 p.m. and end at 11:59:59 p.m. ET.
How To Participate: There are two (2) ways to receive an entry into the Sweepstakes, and you may enter via either method of entry to receive one (1) entry. Each individual who enters through the designed entry method shall be considered a “Participant”: 

• Entry Form Method of Entry: To participate and enter this Sweepstakes via online entry form, during the Sweepstakes Period, visit nbapartners.jebbit.com (the “Website”), follow the links to the Sweepstakes registration page and vote for the NBA player nominee that you think should win the Kia NBA MVP award by following the instructions provided and then fully complete and submit the online entry ballot/form for the Sweepstakes. Each Participant must complete and submit the MVP award ballot with all required information as prompted for the entry to be eligible. The selection of a specific NBA player nominee for whom you cast your vote does not affect your chances of winning. In other words, you receive an entry regardless of whether that individual actually wins the NBA MVP award. 
• X Method of Entry: To participate and enter this Sweepstakes via X, individuals will need an X account (“X Account”). If you don’t already have an X Account, visit www.twitter.com to create an X Account; creating an X Account is free. By submitting your information and creating an X Account, you will be required to agree to the X terms of service and privacy notice. If you do not agree to X’s terms of service and privacy notice, you cannot create an X Account or participate in this Sweepstakes. Then, during the Sweepstakes Period, log in to your X Account and post or repost the player’s official X handle or the first and last name of the NBA player you think should receive the Kia MVP award and include the hashtag #KiaMVPSweepstakes (the “X Hashtag”) in your post or repost. Valid entries must include the player’s first and last name or the player’s official X handle. Just including the first or last name of the player you select would not count as a valid entry. Sponsor may not receive entries from X users with “protected” updates (i.e., user has set their X Account so that only people the user has approved can view their updates) due to the way X operates its service, and thus your X Account and profile settings must be public to be eligible for entry via X. Use of the X Hashtag constitutes your unconditional acceptance to these Official Rules. Subject to your compliance with these Official Rules, once you post or repost your entry in accordance with this method of entry on X, you will receive one (1) Entry into the Sweepstakes drawing. Posts or reposts that do not follow the above format may be discarded or ignored. Incomplete replies, posts or reposts received after the applicable Sweepstakes Period deadline, and/or posts or reposts which may contain obscene or offensive language, or any language communicating messages inconsistent with the positive images to which the Sponsor wishes to associate, will be void. Subject to X terms of service and except where otherwise prohibited, all winning entries become property of Sponsor and will not be returned. Entrants may participate in the Sweepstakes via their mobile device and/or computer. Data rates apply to entrants who submit or participate via a wireless mobile device.
Prize Winner Selection/Odds of Winning: Potential prize winners will be selected in an individual random drawing from among all eligible entries received during the Sweepstakes Period by Administrator, an independent judging organization. Drawings will be conducted by Administrator on/about 1/3/24. Odds of winning will depend on the total number of entries received during the Sweepstakes Period. The Administrator will attempt to notify each potential prize winner via email.  The potential prize winners are subject to eligibility verification and compliance with these Official Rules. Prize will be awarded to the person named on the applicable entry (subject to verification of eligibility and the terms of these Official Rules).  In the event of a dispute as to the identity of any Participant, the Participant will be deemed the Authorized Account Holder of the e-mail address submitted at the time of entry provided that such individual is eligible and such individual complied with these Official Rules.  “Authorized Account Holder” is defined as the natural person who is assigned to the e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational institution, etc.) which is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.  Proof (to the Administrator’s satisfaction) of being the Authorized Account Holder may be required by the Administrator.  In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to the Administrator’s satisfaction, the affected entry will be deemed ineligible.  Limit one (1) prize per person, per household, and per e-mail address. The Released Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in Participant’s e-mail account to receive e-mail messages.  The Released Parties are not responsible for false, incorrect, changed, incomplete or illegible contact information.

There is a limit of one (1) entry per person, regardless of entry method, per Sweepstakes Day, regardless of how many times entrants complete the entry methods above. Subsequent attempts made by the same individual to submit multiple entries by using multiple or false contact information or otherwise may be disqualified. Your participation constitutes your consent to participate in this Sweepstakes and consent for Sponsor to obtain, use, and share your name, post, X handle, address and/or other details (collectively, “Sweepstakes Data”) for Sweepstakes administration and marketing purposes. Released Parties are not responsible for late, lost, stolen, incomplete, misdirected, delayed, garbled, damaged, inaccurate or undelivered posts or reposts, direct messages, replies, emails or Sweepstakes Data, theft, destruction or unauthorized access to, or alteration of Sweepstakes Data, defect/delay in transmission or communication, including, but not limited to, Sweepstakes hashtag use or for telephonic, human or computer failures, problems or errors, interruptions in service, whether via X or otherwise, due to system upgrades, repairs, modifications or other causes, defect or delay in transmission, failures or malfunctions of connections, satellite, network, cable, Internet Service Provider (ISP), server or other connections; miscommunications, failed computer hardware or software or technical failures; garbled, misrouted or scrambled transmissions; incomplete entries or communications; or other errors; printing, typographical or other errors appearing within these Official Rules, in any Sweepstakes-related advertisements or other materials; or other errors or problems of any kind whether mechanical, human, computer, electronic, mail or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or problems which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the prize, or the cancellation or postponement of any events or games. The NBA Entities reserve the right, in their sole discretion, to void any and all entries of a Participant who they believe has attempted to tamper with or impair the administration, security, fairness or proper play of this Sweepstakes. ANY ATTEMPT BY A PERSON TO DAMAGE ANY WEBSITE (INCLUDING THE SWEEPSTAKES WEBSITE) OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE NBA ENTITIES RESERVE THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Entries that are in excess of the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at the NBA Entities’ sole and absolute discretion. The use of automated or similar devices, which subvert the entry process, including, but not limited to, entries, submitted using any bot, macro, script, or sweepstakes service (or any other devices intended to automate any aspect of entry) to enter this Sweepstakes is prohibited and entries through such devices are void. All entrants submitting materials/content as part of the Sweepstakes will be non-exclusively licensing (with the unlimited right to sublicense) to Released Parties the right to use such materials, and the images related thereto (including entrant’s name, social media account username and likeness), for any purpose (including any and all commercial purposes) with the right to modify the materials and make derivative works thereof. Entrants represent and warrant that the materials submitted will not infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity and the use thereof will result in no third party liability or obligations. The Released Parties may run multiple campaigns, contests, sweepstakes or other promotions simultaneously.  Entry into one (1) campaign, contest or sweepstakes does not constitute entry into any other. The Website’s database clock will be the official timekeeper for this Sweepstakes. Illegible and/or incomplete entries and entries submitted by Participants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of the NBA Entities may be disqualified.

Publicity Release:  Subject to applicable law, the winner irrevocably grants the Released Parties and each of their licensees, and its and their successors, assigns and sub-licensees the right and permission to use their name, voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Sweepstakes, in all forms of media and by all manners (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice or consideration, except for the awarding of the prize to the winner. 

Winner Selection/Odds of Winning:  There will be one (1) winner selected in this Sweepstakes. The potential prize winner will be selected in a random drawing on or about 5/17/2024 from among all eligible entries received during the Sweepstakes Period by Administrator, an independent organization whose decisions at to the selection of winner will be final and binding in all matters relating to this Sweepstakes. Odds of winning will depend on the total number of entries received during the Sweepstakes Period. Sponsor or the Administrator will attempt to notify each potential prize winner via email if their entry was submitted via the online entry form method of entry. If the entry was submitted via the X method of entry, Sponsor will attempt to notify the potential winner by sending a direct message to the potential winner’s X’s Account used to enter into this Sweepstakes. Notification is deemed to have occurred immediately upon sending of an email or direct message. Each potential winner must contact Sponsor using the contact information described by Sponsor in its email/direct message within two (2) days of notification. The potential prize winner is subject to eligibility verification and compliance with these Official Rules. Prize will be awarded to the person named on the applicable entry (subject to verification of eligibility and the terms of these Official Rules). In the event of a dispute as to the identity of any Participant, the Participant will be deemed the Authorized Account Holder (defined below) of the email address submitted at the time of entry or email addressed associated with the respective X Account provided that such individual is eligible and such individual complied with these Official Rules. “Authorized Account Holder” is defined as the natural person who is assigned to the email address by an Internet access provider, online service provider or other organization (e.g., business, educational institution, etc.) which is responsible for assigning email addresses for the domain associated with the submitted email address. Proof (to the Administrator’s satisfaction) of being the Authorized Account Holder may be required by the Administrator. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to the Administrator’s satisfaction, the affected entry will be deemed ineligible. Limit one (1) prize per person, per household and per email address. The Released Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in Participant’s email account to receive email messages. The Released Parties are not responsible for false, incorrect, changed, incomplete or illegible contact information.

Prize: There will be one (1) grand prize awarded in this Sweepstakes: A two (2) day/one (1) night trip for winner and up to three (3) guests to one (1) 2024-25 regular season NBA game (as designated by Sponsor) consisting of round-trip air transportation from major airport near winner’s residence, standard quad-occupancy hotel accommodations, ground transportation to/from the airport and the applicable hotel, a VIP experience, two hundred fifty ($250) in spending money (awarded in the form of a prepaid gift card), and up to four (4) tickets to a 2024-25 regular season NBA game (the “Game”), as determined in Sponsor’s sole and absolute discretion. Gift card is subject to certain terms and conditions available at: www.amexgiftcard.com/card-agreements. Certain restrictions and blackout dates may apply. The winner must travel as and when designated by Sponsor or the prize may be forfeited and an alternate randomly selected winner chosen. The approximate retail value (“ARV”) of the grand prize is five thousands dollars ($5,000). Sponsor reserves the right to modify the grand prize depending on the number of guests the winner selects to partake in the grand prize, and therefore the ARV of the grand prize may be different than as stated.
Trip Conditions: Actual prize value will vary depending on the winner's city of departure, availability of dates, etc. Winner’s choice of NBA team/game must be selected from one of Kia’s partner NBA teams (list to be provided by Sponsor at the time of winner notification). Sponsor, in its sole discretion, reserves the right to provide ground transportation in place of air transportation if winner lives within one hundred fifty (150) miles of the Game venue as determined by Sponsor, and to award no additional compensation or substitution for the difference in prize value. Sponsor is not responsible for any canceled, delayed or reschedule games or events. Travel and hotel arrangements determined by Sponsor in its sole discretion and must be made through Sponsor’s agent, on a carrier of Sponsor’s choice. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles.  Travel must be booked at least two (2) weeks prior to travel and all travel must be completed prior to 3/14/25.  All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. Trip must be taken on dates and times designated by Sponsor or prize will be forfeited in its entirety and may be awarded to an alternate winner. Sponsor reserves right to change dates. Winner and their respective guests must travel together on the same itinerary. Guests must be of legal age of majority in their jurisdiction of residence (and at least eighteen (18) years old) unless they are the child or legal ward of the winner. Winner and their respective guests are responsible for obtaining all necessary travel documents, including passports and visas (if applicable) prior to travel. In the event that the winner or their guests are unable to obtain the necessary travel documents prior to trip departure date the respective winner will forfeit the trip in its entirety and the prize may be awarded to an alternate winner. If any event is canceled or postponed for any reason, travel prize may be substituted with something of comparable or greater value as determined solely by Sponsor. All prize details are at Sponsor’s sole discretion. Certain travel restrictions may apply. Any expenses not specifically stated herein such as hotel taxes, additional ground transportation, travel insurance, room service, meals, gratuities, parking fees, etc. are the sole responsibility of the prize winner and their guests. Unclaimed prize will be forfeited.  Prize, if legitimately claimed, will be awarded. The Released Parties are not responsible for and will not replace any lost, mutilated or stolen prize or any prize that is undeliverable or does not reach the winner because of an incorrect or changed address. If a winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited, and the Released Parties will have no further obligation with respect to that prize or portion of the prize. No more than the stated prize will be awarded. The Released Parties are not responsible for and winner will not receive the difference, in any, between the actual value of the prize at the time of award and the stated ARV in these Official Rules or in any Sweepstakes-related correspondence or material.

Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any prize-related services or accommodations. Sponsor is not liable for any missed prize events, opportunities or expenses incurred as a consequence of flight cancellation/delay or ground transportation delay. Additional prize award details and travel information to be provided to the winner at the time of prize notification. Winner and guests are responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. The winner may be required to provide a credit card at the time of hotel check-in. Transportation carrier and hotel regulations and conditions apply. Travel and lodging are subject to availability, and any changes made to either of these will be at the expense of the winner.

Ticket Conditions: If, for whatever reason, the Game associated with the prize is cancelled after the prize is awarded, Sponsor’s liability for the prize is limited only to the non-event portions of the prize. No compensation will be paid in lieu of the cancelled Game. The tickets to the Game are subject in all respect to the terms and conditions set forth on the tickets and any requirements of the venue hosting the Game. Seat locations will be determined by Sponsor. The winner is strictly prohibited from selling, auctioning, trading or otherwise transferring the Game tickets unless Sponsor consents in writing. In the event the winner and/or their guests engage in behavior that (as determined by Sponsor or any prize provider in its or their sole and absolute discretion) is obnoxious, inappropriate, or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the applicable experience early. Decisions regarding the conduct of the winner and guests in all aspects of their participation in the Game or any prize event/activity will be in the sole discretion of Sponsor, and any of Sponsor’s representatives and final and binding in all respects. Winner and guests may be removed or disqualified from participating in any aspect of the prize for any reason at any time, including, without limitation, creating an unauthorized disturbance, interruption or unnecessarily rough physical contact, creating the potential for injury or property damages, or for any unhealthy, unsafe, unlawful, or inappropriate act. If a winner or guest who, in the opinion of Sponsor or any of Sponsor’s representatives, is considered a physical or mental threat to the well-being of any other individual, they may be removed from any premises relating to the prize and winner consents to such removal.

Note: The winner and their guests irrevocably waive all claims against the Released Parties and agrees that the Released Parties will have no liability or responsibility for any claim arising in connection with participation in this Sweepstakes, the prize awarded, personal injury, or wrongful death, a potentially heightened risk of exposure to communicable diseases, viruses, bacteria or illnesses (including, without limitation, COVID-19 (defined below)) and the causes thereof, and sickness arising as a result of the Grand Prize winner participating in the Sweepstakes and related activities, wherever, whenever or however the same may occur. The winner fully understands that (a) the novel coronavirus SARS-CoV-2 and any resulting disease (together with any mutation, adaptation or variation thereof, “COVID-19”) is extremely contagious and there is an inherent risk of exposure to COVID-19 in any place where people are or have been present; (b) no precautions, including the protocols that will be implemented from time to time by any/all travel providers or those providing accommodations, can eliminate the risk of exposure to COVID-19; (c) while people of all ages and health conditions have been adversely affected by COVID-19, certain people have been identified by public health authorities as having greater risk based on age and/or underlying medical conditions; and (d) exposure to COVID-19 can result in being subject to quarantine requirements, illness, disability, other short-term and long-term health effects, and/or death, regardless of age or health condition.  

Miscellaneous: By participating in this Sweepstakes, each Participant unconditionally agrees to comply with and abide by these Official Rules, and the decisions of the NBA Entities, including the interpretation of these Official Rules and their exercise of discretion, which are final and binding in all respects. Failure to abide by these Official Rules may result in disqualification. No transfer, assignment, cash redemption or substitution of prize (or portion thereof) except by the NBA Entities, who reserve the right to substitute the prize (or applicable portion thereof) with one of comparable or greater value (except as otherwise provided above), at their sole discretion. Prize is awarded “AS IS” with no warranty or guarantee, either express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose) by Sponsor. All federal, state and local taxes (including income and withholding taxes) and all other costs and expenses associated with acceptance and use of a prize not specified herein as being awarded are winner’s sole responsibility. The ARV of the prize is based on available information provided to the NBA Entities and the value of any prize awarded to a winner may be reported for tax purposes as required by law (regardless of whether the prize, in whole or in part, is used). The winner and guests will be required to sign and return a liability release and (where legal) a publicity release (collectively, “documents”) within five (5) days of date of winner notification. If any potential guests are a minor child or legal ward of the respective winner, the winner will be required to execute the liability release and publicity release (unless prohibited by law) on their child’s behalf. If any potential prize winner fails or refuses to sign and return any documents requested by the NBA Entities within the time period required by the NBA Entities or if the prize or prize notification is returned as rejected, faulty, unclaimed or returned as undeliverable to such potential prize winner, such potential prize winner may be disqualified and an alternate may be selected. Non-compliance shall result in disqualification and award of the prize to an alternate winner. Parents or legal guardians of any prize winner under the age of majority in their state of residence (which is eighteen (18) in most states but is nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi) may be required to also sign and return the documents for the prize winner to be qualified to receive their prize. If any potential prize winner is found to be ineligible, or if they have not complied with these Official Rules or if the potential prize winner declines a prize for any reason prior to award, such potential winner may be disqualified and an alternate potential winner may be selected. The Released Parties are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected or unsuccessful efforts to notify the potential winner, or if potential winner is a minor, for late, lost, misdirected or unsuccessful efforts of potential winner to provide signed parental or guardian consent. Non-compliance with any of the foregoing or with these Official Rules may result in disqualification and awarding of prize to an alternate winner, at the NBA’s sole discretion and time permitting. If any prize notification letter or prize is returned as undeliverable, in the event of non-compliance with these Official Rules, if a potential winner fails to execute and return all required documents within the specified time period, or the NBA Entities are unable to contact a potential winner within a reasonable time period, such potential winner will be disqualified and, at the NBA’s discretion and time permitting, an alternate potential winner may be selected. The NBA, in its sole and absolute discretion, reserves the right to: (1) disqualify any person who tampers with the entry process, the operation of the Website, NBA.com, X or any other component of this Sweepstakes, or who is otherwise in violation of these Official Rules; and (2) modify, suspend or terminate this Sweepstakes for any reason, as determined by the NBA Entities, in their sole discretion, including should virus, bug, worm, unauthorized intervention or other causes, including, but not limited to, war, strikes, terrorist activities, and/or acts of God, corrupt or impair the administration, security, fairness or proper play of this Sweepstakes and, in the event of termination, at its discretion, select winner from among eligible, non-suspect entries received as of the date of the event requiring such termination. By participating, Participants (and if eligible minors, their parents or legal guardians) agree to be bound by these Official Rules and agree that the Released Parties and X are each released, will have no liability whatsoever for, and shall be indemnified, defended and held harmless by Participants against any liability for any injuries, losses or damages of any kind (whether due to negligence or otherwise) to person(s), including death, or property, resulting in whole or in part, directly or indirectly, from: (1) Participants’ participation in the Sweepstakes; (2) any acceptance, possession, misuse or use of any prize (including, without limitation, losses, damages or injuries to Participant’s or any other person’s equipment or other property, or to their persons; (3) the Released Parties’ actual or alleged violation of rights of publicity or privacy, claims of defamation or portrayal in a false light or based on any claim of infringement of intellectual property; and (4) any typographical, human or other error in the printing, offering, selection, operation or announcement of any Sweepstakes activity and/or prize. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Released Parties’ failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Participants agree to waive any rights to claim ambiguity of these Official Rules. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, privacy policy or terms of use on the Website and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in the NBA’s sole and absolute discretion. In the event the NBA Entities are prevented from continuing with the Sweepstakes by any event beyond its control, including, but not limited to, fire, flood, epidemic, pandemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Sweepstakes by any party, or any federal, state, local or provincial government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within the NBA’s control (each, a “Force Majeure” event or occurrence), the NBA Entities shall have the right to modify, suspend or terminate the Sweepstakes or prize. The NBA Entities additionally reserve the right, in its sole and absolute discretion: (1) to modify, suspend or terminate the Sweepstakes should a Force Majeure event or occurrence corrupt or interfere with the administration, integrity, operation, security or proper play of the Sweepstakes; or (2) to disqualify any Participant found to be, or suspected of: (a) tampering with the entry process or the operation of the Sweepstakes; (b) acting in violation of these Official Rules; or (c) acting in an un-sportsmanlike manner.
Arbitration: Except where prohibited by law, as a condition of participating in this Sweepstakes, Participant agrees that: (1) any and all disputes and causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held in New York County, New York; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction.  In arbitration, there is no judge or jury and review is limited.  The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The federal or state law that applies to these Official Rules will also apply during the arbitration.  Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in New York, New York.  The NBA Entities agree to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of Participant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court. 
Limitation of Liability: BY ENTERING THE SWEEPSTAKES, PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PARTICIPANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.  
Choice of Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Participant and the NBA Entities in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the substantive laws of the State of New York, USA, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s law. 
Entry Information and Sweepstakes Communications:  As a condition of entering the Sweepstakes, each Participant gives consent for the NBA Entities to obtain and deliver their respective name, address and other information to third parties for the purpose of administering this Sweepstakes and to comply with applicable laws, regulations and rules. Any information Participants provide to the NBA Entities may be used to communicate with Participant in relation to this Sweepstakes or on a Sweepstakes winner’s list. The information provided by Participants will be used pursuant to the NBA’s privacy policy available at: www.nba.com/privacy-policy.

Participants will be given the option to receive further communication (i.e., emails, specific offers, etc.) from the NBA and Kia; however, eligibility to participate in the Sweepstakes is not dependent upon Participant’s consent to receive such emails. Opting-in to receive further communications from the NBA and/or Kia does not improve Participant’s chances of becoming the grand prize winner, as defined above. Participants may opt-out of marketing communications at any time. If Participants choose to opt-in to Kia’s marketing emails, participants consent to Kia’s privacy policy available at: https://www.kia.com/us/en/privacy. 
Winner’s List:  For the winner’s name (available after 5/28/2024), visit http://winners.teamdigital.com/KiaMVP2024. Winners list will be removed on/about 7/29/24.
Sponsors: Kia America, Inc., 111 Peters Canyon Rd., Irvine, CA 92606 and NBA Properties, Inc., 645 5th Ave., New York, NY 10022.
Administrator: teamDigital Promotions, Inc., 6 Berkshire Blvd., Bethel, CT 06801; www.teamdigital.com.
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