To participate in the Sweepstakes, you must agree to and abide by these Official Rules.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
SWEEPSTAKES IS OPEN TO LEGAL RESIDENTS OF THE UNITED KINGDOM, SPAIN, GERMANY, DENMARK, UKRAINE (EXCLUDING LEGAL RESIDENTS OF THE TERRITORY OF THE AUTONOMOUS REPUBLIC OF CRIMEA, THE CITY OF SEVASTOPOL AS WELL AS THE OCCUPIED TERRITORIES OF THE DONETSK AND LUHANSK REGIONS OF UKRAINE), AUSTRIA AND GREECE WHO HAVE FULL LEGAL CAPACITY AND ARE AT LEAST EIGHTEEN (18) YEARS OF AGE OR THE AGE OF MAJORITY IN THEIR COUNTRY/PROVINCE/STATE AT TIME OF ENTRY. VOID ELSEWHERE AND WHERE PROHIBITED OR RESTRICTED BY LAW. YOU MUST HAVE INTERNET ACCESS, AN INSTAGRAM ACCOUNT AND VALID E-MAIL ADDRESS TO PARTICIPATE AND BE FLUENT IN ENGLISH.
PRELIMINARY INFORMATION: The Kia UEL Final Digital Sweepstakes 2020 (“Sweepstakes”) begins on [August 3, 2020 at 5:00:00 p.m.] Greenwich Mean Time (“GMT”) and ends on [August 10, 2020 at 6:59:59 PM GMT] (“Sweepstakes Period”). Entrants will participate by submitting a photo/video feed post (“Post”) to Instagram showing them passionately cheering on their team, with a caption describing what they do before a match that gets them charged up with passion and excitement to watch their team play, along with the sweepstakes hashtag ("Sweepstakes Hashtag”) and team hashtag (“Team Hashtag”) listed below for one (1) of the following teams participating in the 2019-20 UEFA Europa League Round Of 16 (“Tournament”): Manchester United, LASK, Copenhagen, Istanbul Basaksehir, Wolverhampton Wanderers, Olympiacos, Leverkusen, Rangers, Shakhtar Donetsk, Wolfsburg, Basel, Eintracht Frankfurt, Sevilla, Roma, Internazionale Milano and Getafe. There will be one (1) semi-finalist winner selected from entries using the corresponding Team Hashtag of the teams that advance to the semi-finals in the Tournament for a total of four (4) semi-finalist winners. Two (2) grand prize winners will then be determined by the outcome of the semi-final matches of the Tournament.
1. Sponsor: Kia Motors Corporation (KOREA), 12, Heolleung-ro, Seocho-gu, Seoul 06797, South Korea (“Sponsor”).
2. Administrator: CSM Sports and Entertainment, Inc., 440 9th Avenue, 17th Floor, New York, NY 10001 USA (“Administrator”).
3. Eligibility: Sweepstakes is open only to legal residents of the United Kingdom, Spain, Germany, Denmark, Ukraine (excluding legal residents of the the territory of the Autonomous Republic of Crimea, the city of Sevastopol as well as the occupied territories of the Donetsk and Luhansk regions of Ukraine), Austria and Greece who have full legal capacity and are at least eighteen (18) years of age or the age of majority in their country/province/state of legal residence at time of entry. Void elsewhere and where prohibited or restricted by law. Any individuals (including but not limited to employees, consultants, independent contractors, and interns) who have, within the past six months, performed services for Sponsor, Administrator, Sportority UK Ltd. and its affiliates d/b/a Minute Media (“Minute Media”), any organisations responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes or supplying the prizes and/or their respective parent, subsidiary, affiliated and successor companies, and immediate family and household members of such individuals, are not eligible to participate or win any prize. "Immediate family members" shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. "Household members" shall mean people who share the same residence at least three months a year, whether related or not. Entrants must have fluency in English to the satisfaction of the Sponsor, Administrator and Minute Media. Potential winners may be required to provide proof of age, legal residency and fluency in English through a phone call with the Administrator at time of winner confirmation upon request prior to prize award.
4. Sweepstakes Schedule: The Sweepstakes begins on or about 5:00:00 p.m. Greenwich Mean Time (“GMT”) on August 3, 2020 through 6:59:59 PM GMT on August 10, 2020 (“Sweepstakes Period”). IMPORTANT NOTICE TO ENTRANTS: ALL TIMES LISTED THROUGHOUT THE REMAINDER OF THE RULES ARE IN GREENWICH MEAN TIME. ENTRANTS ARE SOLELY RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTIONS. Administrator’s computer is the official clock for the Sweepstakes.
5. How to Enter
During the Sweepstakes Period:
1. Post a photo or video to your feed on Instagram passionately cheering on your team.
2. In the caption, describe what you do before a match that gets you charged up with passion and excitement to watch your team play.
3. Include the ‘Sweepstakes Hashtag’ and a ‘Team Hashtag’:
Manchester United – #ManchesterUnited
LASK – #LASK
FC Copenhagen – #FCK
Istanbul Basaksehir – #Basaksehir
Wolverhampton Wanderers – #Wolves
Olympiacos – #Olympiacos
Leverkusen – #Leverkusen
Rangers – #Rangers
Shakhtar Donetsk – #ShakhtarDonetsk
Wolfsburg – #Wolfsburg
Basel – #Basel
Eintracht Frankfurt – #Eintracht
Sevilla – #Sevilla
Roma – #Roma
Internazional Milano – #InterMilano
Getafe – #Getafe
All Entries: You must include a description in the caption with your Post (caption must be in English), this is required. Only one (1) Team Hashtag may be used per Entry. Posts that contain multiple Team Hashtags will be disqualified.
BY SUBMITTING A POST ALONG WITH A CAPTION, THE SWEEPSTAKES HASHTAG AND ONE OF THE TEAM HASHTAGS, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTOOD AND FULLY AGREE TO THESE OFFICIAL RULES AND ACKNOWLEDGE THE PROCESSING OF YOUR PERSONAL DATA AS DESCRIBED IN THESE OFFICIAL RULES. DO NOT SUBMIT A POST WITHOUT FIRST REVIEWING THESE OFFICIAL RULES.
These Official Rules and any changes to them will be posted online at 90min.com
Your posted photo/video, and caption, together with the Sweepstakes Hashtag and one of the Team Hashtags will constitute your entry into this Sweepstakes (each, an “Entry”); you, as the individual who submitted a Post, are therefore the “Entrant.”
Partial or incomplete/piecemeal Entries (i.e., posting a photo/video showing you cheering on your team without including the Sweepstakes Hashtag or one of the Team Hashtags) will NOT BE ACCEPTED.
Entry must be the original work of the Entrant (DO NOT COPY OTHERS’ WORKS, IN WHOLE OR IN PART, INCLUDING BUT NOT LIMITED TO RE-POSTING ANOTHER PERSON’S PHOTO/VIDEO). YOU MUST OTHERWISE COMPLY WITH THE CONTENT GUIDELINES BELOW AND OTHER TERMS HEREIN. If other people appear in the photo/video, Entrant must have each person’s written consent to use and publish his/her image as contemplated in the Sweepstakes prior to posting the Post (and, if such people are minors – i.e., under the age or majority in such minor’s jurisdiction of residence, the written consent of their parent or legal guardian). If Entrant is not the photographer/videographer, Entrant must have photographers/videographers written consent to use and publish the photo/video prior to posting the Post (and, if such person is a minor, the written consent of their parent or legal guardian). Entries must comply with these Official Rules in all respects, including without limitation, the Content Guidelines below.
To be eligible for the Sweepstakes, Entries must be posted in compliance with the format and other requirements set forth on Instagram.
Limit of two (2) total Entries per person during the Sweepstakes Period, subject to the following: (a) each Entry must consist of an original photo/video created by the Entrant that contains the Sweepstakes Hashtag and a Team Hashtag; and (b) each Entry must be submitted separately and in accordance with these Official Rules. Further entries will not be accepted.
You may only use one (1) Instagram account to participate in the Sweepstakes. All Instagram Posts must comply with the applicable policies of Instagram available at www.instagram.com.
In addition to complying with all other requirements of these Official Rules and those of Instagram where you may post your Entry, each Entry must comply with the following guidelines (“Content Guidelines”). Any Entry that Sponsor or Administrator, and Minute Media in their reasonable discretion, determines is in violation of any Content Guideline may be disqualified.
Each Entry must not:
- Exceed one (1) minute in length of a video entry.
- Include your name, e-mail address, phone number or your home address in the Entry itself; if Entry contains such personal data, it is your sole responsibility to remove all such personal data from the Entry before posting it to your Instagram account.
- Contain content, images, or material that violates or infringes any third party rights of any kind, including without limitation, any third party privacy, publicity, trade secret, or intellectual property rights, including third party registered and common law copyrights and trademarks;
- Disparage Sponsor, Administrator, participating teams in the Tournament, any other person or entity affiliated with the Sweepstakes or products, services, or entities that are competitive with any of the foregoing;
- Contain brand names, trademarks, or logos of any third party other than those owned by or licensed to Sponsor, subject to the Entry complying with all other requirements of these Official Rules (including these Content Guidelines) and those of Instagram; Entrant has a limited, non-exclusive, revocable license to use Sponsor’s and participating team’s trademarks solely and only to incorporate them in his/her Entry submitted in this Sweepstakes;
- Contain content, images, artwork, or other creative elements not created by and original to Entrant; Contain images or other material that is misleading, inappropriate, indecent, obscene, hateful, offensive, tortious, defamatory, slanderous, or libellous (including nudity or inappropriate consumption of alcohol);
- Contain content, images or other material that reflects, advocates, or promotes bigotry, racism, hatred, harm, exploitation of or against any class, group, or individual, or discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age, or actions or activities that are restricted, prohibited, illegal, or unlawful (including without limitation, the consumption of any controlled substances);
- Contain content, images or other material that is unlawful or in violation of or contrary to any applicable federal or state laws or regulations; or
Have been previously submitted in a promotion of any kind, or published, posted, exhibited or displayed publicly for commercial use by any means and in any form or media.
- Include music unless it has been cleared for this use and/or it is an original song performed by Entrant.
In addition to the foregoing, the Post must not:
- Contain executable programming of any kind, including without limitation, viruses, worms, Trojan horses, spyware, malware, time bombs, Easter eggs, cancel bots, or any kind of malicious or benign computer programming whatsoever; or
- Contain encrypted content of any kind, including without limitation, encoded messages.
If an Entry cannot be opened, viewed, and/or accessed by Sponsor or Administrator for any reason whatsoever outside of their control, that Entry shall be disqualified without any fault or liability of the Released Parties, as defined below.
Sponsor grants to each qualified Entrant a limited, non-transferable, non-exclusive, non-sublicensable, revocable right to use its copyrighted materials and trademarks solely for purposes of and limited to including them in the Entries submitted in this Sweepstakes; such right and license will automatically expire without further act of any party at the expiration of the Sweepstakes Period, unless specifically extended on an individual basis by Sponsor in writing in its sole discretion. Any other use of Sponsor’s, and/or its licensors’ copyrighted materials or trademarks will be a violation of Sponsor’s, or its applicable licensor’s intellectual property rights. Sponsor’s or copyrighted materials and trademarks cannot be modified, adapted, or edited by Entrant other than modifications due to technological limitations or malfunctions.
Entrant understands and agrees that Sponsor has wide access to ideas, stories and other literary, artistic and creative materials submitted to it from outside sources or developed by its own employees and agents (together, “Sponsor Creative”); such Sponsor Creative may be similar to (or even identical to) the Posts created and disseminated by Entrant; with regard to any claims by Entrant in relation to their Entry, Sponsor shall not have any liability to Entrant or any third party with respect to or in connection with the development, use, sale, and/or commercial exploitation of all or any portion of Sponsor Creative by Sponsor and/or their designees and licensees, all of which liability, if any, Entrant hereby expressly and irrevocably waives, releases, and discharges. Entrant further understands and agrees that Sponsor and Administrator shall not have any fiduciary duty or duty of confidentiality regarding his/her Entry.
ALL ENTRIES REPRESENT SOLELY THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR IN ANY MANNER.
Use of automated/programmed/robotic means of participation is prohibited and Posts completed or submitted using such illicit means will be void, and the applicable participant may be disqualified from the Sweepstakes. Unless caused by them, Sponsor, Minute Media and Administrator will not be responsible for late, lost, incomplete, corrupted, inaccessible, garbled or misdirected registration information, or for videos not being uploaded due to technological/programming/electronic error, malfunction or failure or for any other reason
Entrant Warranties and Representations
By submitting a Post, Entrant gives permission, and warrants and represents that he/she has obtained all rights, including photographer/videographer if other than Entrant, necessary to give such permission, to Sponsor and Minute Media and hereby grants to each of Sponsor and Minute Media a royalty-free, transferable non-exclusive license to post Entrant's Post, name, voice, likeness and all other information about the Entrant contained in the Post on the World Wide Web, and to otherwise use, reproduce, adapt, amend, broadcast, modify or alter, and communicate to the public and cause to be seen and/or heard in public Entrant's Post and the names, voices, images, photographs, and likenesses therein without compensation in accordance with the requirements of this Sweepstakes and the advertising, promotion, and publicity of the Sweepstakes, for the duration of the copyrights, and otherwise, as stated in these Official Rules (as solely determined by Sponsor).
LOCAL LAWS SOMETIMES DO PROTECT AUTHORS AND LIMIT THE POSSIBILITY OF WAIVING MORAL RIGHTS.
Except if Entrant is resident in a jurisdiction in which moral rights cannot be waived under applicable copyright law, Entrant waives any “Moral Right of Authors” (Droit Moral) in the Post in favour of the Sponsor. The Entrant hereby requests and the Sponsor hereby agrees not to indicate the Entrant's name on the photo/video/Eligible Entry and other objects to which the photo/video/Eligible Entry may be included, unless otherwise agreed between the Sponsor and the Entrant in writing, save for the cases where such indication is statutory required or required by competent authority or is a matter of practical necessity as established by the Sponsor at its sole discretion. Where applicable, the Entrant agrees that any alteration, use, modification, or edit of the photo/video/Eligible Entry shall not be deemed a violation of her/his moral rights. Entrant further agrees, upon Sponsor’s request and without compensation, to sign any and all necessary and appropriate documents so as to effect, perfect or record the preceding grant of license rights and moral rights consent and (if necessary) to procure signatures from any third parties. Entrant further expressly acknowledges that Sponsor does not owe him/her a duty of confidence (or fiduciary duty or the like) with regard to his/her Post.
6. Your Privacy
What personal details are collected - Entrant personal data that will be processed during this Sweepstakes includes Instagram username, name, telephone number and email address as collected via the Post and email during prize claim period, and any other information that you voluntarily provide or share in connection with the this Sweepstakes.
Legal basis for processing your personal data - This information will be used on the lawful basis of the Sponsor pursuing its legitimate business interests as per Article 6(f) of the General Data Protection Regulation (“GDPR”), namely marketing its brand and its sponsorship of the 2019-20 UEFA Europa League, or (where indicated) on the lawful basis of your consent as per Article 6(a) of the GDPR.
Purpose of collection – Only the personal data needed to conduct the Sweepstakes as described in these Official Rules will be collected, including to contact potential winners and award the prizes. Please note, if you do not provide this information you will not be able to participate in the Sweepstakes and/or receive the prize.
Your rights - Pursuant to applicable privacy and data protection legislation, including but not limited to the GDPR, you have various rights including the right to receive confirmation as to whether or not personal data concerning you is being processed and to access said personal data; the right to rectification of such personal data; the right to receive a copy of personal data you directly volunteered in a structured, commonly used and machine-readable format; and the right for erasure of your personal data. You also have the right to object to the data collection, under certain circumstances. Further, you have the right to file a complaint with the relevant supervisory authority and where the processing of your personal data is based on consent you have the right to withdraw your consent at any time which you can do using the address or e-mail address stated below under “Contact details”. However, this will not affect the lawfulness of any processing carried out on the basis of your consent prior to it being withdrawn.
Recipients of personal data - The recipients of your personal data, or part of it, may be either or all of the following: the Sponsor, Innocean Worldwide Inc., Administrator, and Minute Media.
Transfer of personal data outside the EU/EEA - Some data recipients may be located outside the EU/EEA. In such cases your personal data will be transferred only to such countries as approved by the European Commission as providing an adequate level of data protection, or where legal agreements have been entered into ensuring an adequate level of data protection.
Retention - Your personal data will be retained for as long as necessary to facilitate the Sweepstakes, and as necessary to comply with our legal obligations, resolve disputes, and enforce our policies. Retention periods will be determined taking into account the type of information that is collected and the purpose for which it is collected, bearing in mind the requirements applicable to the situation and the need to destroy outdated, unused personal data at the earliest reasonable time.
7. Winner Selection: On or about August 10, 2020, Administrator – via an independent, third party judging agency - will randomly select one (1) Entry per Team Hashtag for the teams that qualify for the semi-finals of the Tournament giving a total of four (4) semi-finalist prize winners. The selection process will operate such that the eligible Entries received using those Team Hashtags will be split into four (4) separate pools, each of which will have its own potential semi-finalist prize winner. The two (2) potential grand prize winners will be the Entrants whose teams, denoted by the Team Hashtag used in their Entry, advance to the final of the Tournament. Decisions of the Administrator will be final and binding on all matters relating to this Sweepstakes. If a potential winner does not respond within twenty-four (24) hours of the first notification attempt, is found to be ineligible, does not comply with these Official Rules or declines to accept the prize, the potential winner may be disqualified in Sponsor’s sole discretion, and in such case Administrator may select an alternate potential winner based on a random drawing using the process set out in this clause (time permitting).
Winner Notification & Verification: All potential winners will be notified via direct message on Instagram from the 90min (@90min) page on or about August 10, 2020 at 8:00 pm GMT. Participants are encouraged to regularly check their direct messages at the conclusion of the Sweepstakes Period. The notification message will request that the potential winners email the Administrator at the specified email address with specific personal data (e.g., full name, address (including country of residence), phone number (including country code/city code or area code, as applicable), email address, age, Instagram username). This personal data will be maintained by the Administrator in the United States and will only be used by Administrator for purposes of winner notification and prize fulfillment in the Sweepstakes. Failure to respond to the initial verification notice within twenty-four (24) hours after notification or return of direct message as undeliverable after two (2) attempts will result in disqualification. Potential winners will be required to sign and return, within seventy-two (72) hours from date of transmission, an Affidavit/Declaration of Eligibility, Release and Indemnification, and a Publicity Release where allowed by law and any other documentation required by Sponsor or Administrator (collectively, “Winner Documents”). If the Winner Documents are not returned to Sponsor within a specified time period, potential winner may be disqualified. If for any reason the Grand Prize is not claimed or if a winner is disqualified, prize will be awarded to an alternate winner, also selected at random from all remaining eligible entries received for the applicable team (time permitting). In the event of any dispute concerning the identity of any participant, the entry will be deemed submitted by the natural person who is the authorized holder of the transmitting e-mail account. The authorized account holder shall be the natural person to whom the applicable e-mail address has been assigned by the Internet access provider, service provider, or other online organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. A potential winner may be required to provide the Sponsor with proof that the potential winner is the authorized account holder of the e-mail address associated with the winning entry.
8. Prizes, Approximate Retail Values ("ARV"):
Semi-Finalist Prize – four (4) winners: Each semi-finalist prize winner will receive a UEFA Europa League supporter pack consisting of items such as two tickets to a 2020/21 UEFA Europa League group stage match (subject to availability), UEFA online store voucher (€550), replica ball, cap, key ring (exact items to be determined by Sponsor at its sole discretion). ARV of each semi-finalist prize is €650.00.
Grand Prize – two (2) winners – the semi-finalist prize winners whose teams (denoted by the Team Hashtag used in their Entry) advance to the final of the Tournament: Each grand prize winner receive a 15-45 min dual-live experience with football legend (subject to availability and restrictions, as discussed below).
TOTAL APPROXIMATE RETAIL VALUE OF ALL PRIZES: €2,600.00
GRAND PRIZE RESTRICTIONS AND LIMITATIONS: Dual-live experience with football legend (exact person to be determined by Sponsor at its sole discretion) consists of conversation with football legend to be conducted via Instagram on Sponsor’s chosen channel on August 21, 2020; time of day of dual-live experience will also be of Sponsor’s sole choosing. If grand prize winner is unavailable on such date/time for any reason, dual-live experience element of grand prize will be forfeited and the liability of Sponsor and the management and representation of football legend (as well as Administrator) will consist solely of the semi-finalist prize. Dual-live experience is planned to last at least 15 minutes but no longer than 45 minutes; but, should duration of dual-live experience be less than 15 minutes (or more than 45 minutes), Sponsor, the management and representation of football legend (as well as Administrator) shall not have any liability of any kind. Dual-live experience will be public for anyone to view via Instagram and may include more than one grand prize winner. Sponsor and/or its designees (including without limitation the management and representation of football legend) may record the dual-live experience for possible use for advertising/commercial/promotional purposes for use throughout the world and in all media including but not limited to online media and linear and non-linear TV. To the fullest extent permitted by law, grand prize winner grants to Sponsor and its designees any and all copyrights, trademarks, rights of privacy, publicity or other intellectual property or other legal or moral rights in the dual-live experience, without further consent or compensation of any kind and will not otherwise enforce these rights against the Sponsor. Grand prize winner agrees upon the request of Sponsor and/or its designees and without compensation of any kind, to execute any additional documents so as to effect, record or perfect such grant of rights necessary to achieve the above mentioned purpose. Grand prize winner must participate in the dual-live experience alone without any third party guests. The dual-live experience will be held in English and grand prize winner is therefore required to be fluent in English. Grand prize winner must wear unbranded clothing during the dual-live experience, to be approved by Sponsor and/or Administrator before the event takes place, and there should be no third party brands or marks included in view (e.g. in the background) during the dual-live experience. Grand prize winner further agrees to act in an appropriate, well-behaved and respectful manner toward football legend during and in conjunction with the dual-live experience. Failure to do so (as determined by Sponsor and/or the management and representation of football legend in their reasonable discretion) will result in immediate termination of the dual-live experience and, if determined by Sponsor in its reasonable discretion to be egregious enough, withholding of the semi-finalist prize or the required return of the semi-finalist prize (or its value), as the case may be. In all cases where dual-live experience is so terminated, Sponsor and the management and representation of football legend (as well as Administrator) shall not have any liability to grand prize winner under any legal theory. Grand prize winner further agrees not to record the dual-live experience other than to make one (1) copy of same for his/her own personal records as a souvenir with the caveat that such copy cannot be posted on social media or otherwise published by grand prize winner.
Grand Prize winner further understands and agrees that the participation of football legend is subject to their availability and professional commitments. Should football legend be unable to participate in the dual-live experience for any reason, the liability of Sponsor and the management and representation of football legend (as well as Administrator) shall be limited to the award of the semi-finalist prize.
Limit one (1) Prize per person/family/household. All federal, state, local and other taxes are the sole responsibility of each winner. Winner is also responsible for any unspecified costs and expenses in conjunction with prize acceptance and use.
ARVs of Prizes do not reflect resale value of autographed items. Autographed items may be accompanied by a certificate of authenticity in Sponsor’s sole discretion; and, if so, the content and format of such certificate of authenticity shall be determined solely by Sponsor. Prizes are not redeemable for cash or transferable. No substitutions allowed, except as set forth in these Official Rules and at Sponsor’s sole discretion, a prize of comparable or equal value will be provided. (Notwithstanding the foregoing, no prize substitution is available if the dual-live experience element of the grand prize is not available for any reason not attributable to the Sponsor and its agencies (including, without limitation, Administrator and Minute Media), as discussed above.) Any images of prizes in advertising are for illustrative purposes only and actual items awarded as prizes may differ from such images for various reasons, including due to compliance with manufacturer’s safety standards; and Sponsor and Administrator disclaim any and all liability in conjunction therewith. Prize will be shipped only to a street address in United Kingdom, Spain, Germany, Denmark, Ukraine, Austria or Greece.
Winners will be solely responsible for customs clearance of the prize and paying any import duties required under local law.
9. Limitations of Liability: Sponsor and its agencies (including, without limitation, Administrator and Minute Media) are not responsible for failed, partial or garbled computer transmissions, or for technical failures of any kind, including but not limited to human, typographical, printing or electronic malfunction, any damage caused by or relating to any downloadable content or damage of any network, hardware or software where such issues are beyond their reasonable control. If for any reason the Sweepstakes (in whole or in part) is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorised intervention, fraud or technical failures, each thereof beyond Sponsor's reasonable control that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Sponsor reserves the right, in its reasonable discretion, to cancel, terminate, modify or suspend the Sweepstakes (in whole or in part) and/or disqualify any individual who tampers with (or attempts to tamper with) the entry process/operation of the Sweepstakes (or any part thereof). In such event, Sponsor shall conduct the Sweepstakes and make prizes available in a manner which is fair, appropriate and consistent with the spirit of these Official Rules, as determined by Sponsor in its reasonable discretion. Notice of cancellation/termination/modification/suspension of Sweepstakes will be posted on the 90min Instagram page. No responsibility is assumed for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, entries; or any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail, or electronic entry to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to entrant's or any other person's computer or mobile device (or data/information stored thereon) related to or resulting from participation in or downloading any materials from this Sweepstakes.
10. Additional Conditions of Participation: Entrants agree to be bound by and abide by these Official Rules and the decisions of Sponsor and Administrator, which shall be final and binding in all respects. Entrants agree to the fullest extent permitted by law (excluding only negligence and/or other rights/interests that cannot be lawfully waived pursuant to the law of a given jurisdiction), to release and hold harmless Sponsor, Administrator, Minute Media, Twitter, Inc., Instagram, LLC, Facebook, Inc., and each of their respective parents, subsidiaries, affiliated and successor companies, advertising and promotion agencies, contractors and prize suppliers, and each of their respective officers, directors, agents, representatives and employees, as well as each of their respective successors, representatives and assigns, and (collectively, the "Released Parties") from any and all actions, claims, injury, loss or damage to person(s) or property, arising in any manner, directly or indirectly, from participation in this Sweepstakes and/or acceptance, possession, receipt or use/misuse of any prize, except that the waiver does not restrict entrant from raising claims which cannot be waived under applicable local law in the entrant’s jurisdiction such as claims regarding loss of life, body injury, or claims relating to a violation to a principle, cardinal duty under the relevant legal relationship. Without limitation to Section 8 above, entrants also authorize the Sponsor and its designees to use the entrant’s name, image, voice, likeness, photograph, prize information, biographical data and city and state/province/territory and/or country of residence in programming, advertising, trade and/or promotional material or on a winners’ list (if applicable) without compensation or notice, to the extent permitted by law. Sponsor is not obligated to use any of the above mentioned information or materials, but may do so and may edit such information or materials, at Sponsor's sole discretion, without obligation or compensation.
Entrants further agree not to knowingly damage or cause interruption of the Sweepstakes and/or prevent others from participating in the Sweepstakes. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE OR AN INDIVIDUAL OTHERWISE ATTEMPTS TO DEFRAUD SPONSOR, SPONSOR MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
Where it becomes necessary to do as a result of war, terrorism, state of emergency, pandemic, disaster or other reasons beyond the reasonable control of the Sponsor and/or its third party vendor(s), the Sponsor reserves the right to cancel, terminate, modify or suspend the Sweepstakes or suspend or modify all or part of the prizes.
NOTHING IN THESE OFFICIAL RULES LIMITS, EXCLUDES OR MODIFIES OR PURPORTS TO LIMIT, EXCLUDE OR MODIFY ANY STATUTORY CONSUMER GUARANTEES OR ANY IMPLIED CONDITION OR WARRANTY THE EXCLUSION OF WHICH FROM THESE OFFICIAL RULES WOULD CONTRAVENE ANY STATUTE OR CAUSE ANY PART OF THESE OFFICIAL RULES TO BE VOID (“NON- EXCLUDABLE GUARANTEES”). EXCEPT FOR ANY NON-EXCLUDABLE GUARANTEES, AND THE SPONSOR’S OWN PRODUCT/SERVICE THAT MAY BE COVERED BY A WARRANTY (WITH SUCH WARRANTY BEING EXPRESSLY LIMITED TO ITS TERMS SUBJECT TO ANY NON-EXCLUDABLE GUARANTEE) SPONSOR MAKES NO WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF ANY PRIZE (OR ANY COMPONENT OF ANY PRIZE), INCLUDING (IN RESPECT OF ALL JURISDICTIONS), WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
11. Disputes: Except where prohibited and to the maximum extent permitted by applicable law, entrant (including the winners) agrees that: (1) any and all disputes, claims 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 the United States District Court for the Central District of California or an appropriate State Court of the U.S. State of California, with entrant expressly waiving any right of forum non conveniens, change of venue or the like; (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; unless the assistance of an attorney is required by law and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the U.S. State of California, without giving effect to any choice of law or conflict of law rules (whether of the U.S. State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the U.S. State of California.
12. Language Discrepancies/Severability: Should there be any discrepancy between the English language version of these Official Rules and the version of the Official Rules as translated into another language, the English language version shall prevail, govern and control in all respects. If a court of competent jurisdiction determines that any provision of these Official Rules is in violation of law or unenforceable, such provision will be replaced with a substitute provision that is legal and enforceable and most closely approximates the original intent of Sponsor. The illegality/unenforceability of a given provision will not affect the legality or enforceability of the balance of these Official Rules or the Sweepstakes itself.
13. Winners' List: Prize winners’ surnames, counties/regions and countries will be made available on request unless a prize winner objects to this. To request the names, regions/counties and countries of the winners, e-mail firstname.lastname@example.org with “The Kia UEL Final Digital 2020 Winners” in the subject line no later than September 30, 2020. To object to your surname, county/region and country being made available in this manner in the event you are a prize winner please let the Administrator know by emailing email@example.com prior to accepting any prize. In such circumstances these details may still be provided to the UK’s Advertising Standards Authority or other relevant regulators on request.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Twitter, Instagram and/or Facebook.