Official Rules: “KIA OPTIMA HYBRID SWEEPSTAKES WITH THE ALTERNATIVE CONSUMER” SPONSORED BY FANSCAPE, LLC.
BY ENTERING OR OTHERWISE LEAVING A BLOG COMMENT ON WWW.ALTERNATIVECONSUMER.COM IN CONNECTION WITH THE SWEEPSTAKES DURING THE SWEEPSTAKES ENTRY PERIOD, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SWEEPSTAKES ENTITIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
1. NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED. INTERNET ACCESS AND ONLINE ENTRY IS REQUIRED. ENTRY VIA BLOG COMMENT ON WWW.ALTERNATIVECONSUMER.COM IS REQUIRED. VOID OUTSIDE OF THE FIFTY UNITED STATES AND THE DISTRICT OF COLUMBIA AND WHERE PROHIBITED OR RESTRICTED BY LAW.
2. Entry Period: The “KIA OPTIMA HYBRID Sweepstakes with The Alternative Consumer” (“Sweepstakes”) commences at 12:01 PM PDT on October 4, 2011 and ends at 11:59 PM PDT on October 17, 2011(“Entry Period”). All entries must be received by 11:59 PM PDT on October 17, 2011. TheWebsite (hereinafter defined) computer is the official time keeping device for entry into Sweepstakes. Entries received before or after the Entry Period will not be eligible. All interpretations of these Official Rules and decisions made by Sponsor (hereinafter defined) relating to the Sweepstakes are final.
3. Eligibility: The Sweepstakes is open to persons legally residing in, and physically located within, the 50 United States or the District of Columbia. Entrants must be at least 18 years of age at time of entry. Entrants who are 18 but have not yet reached the age of majority in the jurisdiction in which they reside (“Minors”) must obtain parental or legal guardian consent to be eligible to enter Sweepstakes. Employees, agents, directors of Fanscape, LLC (“Sponsor”), Kia Motors America, Inc. (“Kia”), The Alternative Consumer (“The Alternative Consumer”), and their respective parent companies, affiliated companies, subsidiaries, partners, dealers, manufacturers, distributors, sponsors, advertising agencies, promotion and administration agencies and any entity which is involved in any aspect of the creation, production, operation, execution or fulfillment of Sweepstakes (“Sweepstakes Entities”), and their immediate families (i.e., parents, spouse, siblings, children, grandparents, step parents, step children and step siblings, and their respective spouses, and those living in the same household, whether or not related) are not eligible to enter the Sweepstakes. The Sponsor will disqualify any entry from individuals who do not meet the eligibility requirements. Void where prohibited by law. By participating in this Sweepstakes, entrants: (a) agree to be bound by these Official Rules and by the interpretations of these Official Rules by Sponsor and by the decisions of Sponsor, which are final and binding in all respects; (b) acknowledge compliance with these Official Rules; (c) agree to comply with any and all applicable federal, state and local laws, rules and regulations; and (d) agree to release and hold harmless Sweepstakes Entities from and against any and all claims, injury or damages arising out of or relating to participation in Sweepstakes and/or the use, misuse or redemption of the Prize (hereinafter defined), and for any claim including claims based on defamation, publicity rights, invasion of privacy, copyright infringement, trademark infringement, or any other intellectual property related cause of action.
4. To Enter: Visit www.alternativeconsumer.com, a web site owned and controlled by The Alternative Consumer (“Website”), and follow all on-screen instructions to post a comment on the Sweepstakes blog post that advertises this Sweepstakes. Posting of a comment will result in one (1) entry into the Sweepstakes. There is a limit of one (1) comment entry per person for the entire Entry Period.
Entries must not include, refer to or depict any of the following: obscenity, inappropriate language, nudity, explicit sexual activity, illegal drug or alcohol use, violence, commercial products, unauthorized copyrighted or trademarked properties, including brand names and logos, material that is hateful, tortuous, defamatory, disparaging, slanderous, libelous, or otherwise unlawful, material that violates or infringes another’s rights, including but not limited to, rights of privacy or publicity or any other intellectual property rights, material that promotes bigotry, racism, hatred or harm against any group or individual, or promotes discrimination based on race, ethnicity, sex, religion, nationality, disability, sexual orientation or age, personal identifiable information, including but not limited to, phone numbers, personal addresses, and any other content, including but notlimited to, text, images, graphics, photographs, captions and descriptions, data, that could be considered inappropriate or offensive, as determined by Sponsor in its sole discretion.
All information submitted by entrants is subject to and will be treated in a manner consistent with The Alternative Consumer’s Terms of Use accessible at http://www.alternativeconsumer.com/terms-of-use/ and The Alternative Consumer’s Privacy Policy accessible at http://www.alternativeconsumer.com/privacy- policy/. By participating in Sweepstakes, entrants hereby agree that The Alternative Consumer may collect and use their personal information and acknowledge that they have read and accepted The Alternative Consumer Privacy Policy. Entrants further agree and acknowledge that Sponsor and Kia shall have no responsibility or liability to entrants with respect to the Terms of Use or Privacy Policy at the Website or The Alternative Consumer’s collection and use of entrants’ personal information.
If it is suspected that an entrant submits more than one entry, only the first entry will count. In the event of a dispute over who submitted a winning entry, the “authorized account subscriber” of the member account/e-mail accountused to participate in Sweepstakes at the actual time of entry, will be deemed to be the entrant. The “authorized account subscriber” for online entries is defined as the natural person who is assigned an e-mail address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted e-mail address.Proof to Sponsor’s satisfaction of being the authorized account subscriber may be required by Sponsor.
All entries must be submitted during and by the end of the Entry Period to be eligible. Illegible and/or incomplete entries and entries submitted by entrants who do not meet the eligible requirements (including all requirements with respect to age and residence) are void.
All entries submitted in compliance with these Official Rules and not disqualified are considered “Eligible Entries”. All entries become the sole and exclusive property of Sponsor. Entries will not be returnedand receipt of entries will not be acknowledged. Proof of entry submission will not be deemed to be proof of receipt of entry by Sponsor.
The odds of winning the Sweepstakes depend on the total number of Eligible Entries received during the Entry Period.
5. Prizes: The one (1) Winner (hereinafter defined) will receive: (i) one (1) Gaim Gift Certificate, with an approximate retail value (“ARV”) of $100 (subject to the terms and conditions of gift card); The total ARV of the Prize is $100. The ARVs are subject to change based on current market conditions at time of Prize fulfillment. Any difference between the ARVs and the actual values, if any, will not be awarded.
By participating in Sweepstakes, the Winner grants the right to Sponsor to record, film, videotape and photograph the Winner (“Images”). These Images will be owned by Sponsor. Sponsor and each of its designees shall have the right to use, re-use, reproduce, publish, display, exhibit, distribute, edit, adapt, post, stream, copy and exploit such Images, and all elements embodied therein, including any names, addresses (city and state of residence) likenesses, photograph, voice, conversation, biographical and prize information, and any other attributes of Winner, individually or with others, in whole or in part, in conjunction with other material, if any, in any and all media now known or hereafter devised, for the purpose of trade, advertising, publicity, promotion, on a Sweepstakes winners list, or any other lawful purpose whatsoever, in perpetuity, throughout the world, without additional compensation, notification, permission or consideration to Winner or to any other person or entity, except where prohibited by law.
6. Winner Selection and Notification: There will be one (1) Winner selected in a random drawing from among all of the Eligible Entries on or about October 17, 2011. The potential Winner will be notified by email on or about October 18, 2011 and will be required to confirm his/her address. If potential Winner does not meet the eligibility requirements, cannot be reached after a reasonable effort has been exerted and/or do not confirm his/her address within five (5) days from when initial email is sent, an alternate potential Winner will be selected in a random drawing from among all remaining Eligible Entries. Sponsor’s decisions are final and binding.
7. Winner Verification: To be eligible to be declared the Winner and to receive the Prize, the potential Winner must sign (his or her parent/legal guardian if potential Winner is a Minor), within three (3) days of issuance of documentation from Sponsor: (a) an Affidavit of Eligibility and Release releasing Sweepstakes Entities from any and all liability, loss, claims, demands, and causes of action for personal injuries or death and/or damage to personal or real property, theft, loss, or any other harm suffered directly or indirectly from potential Winner’s participation in Sweepstakes, including, but not limited to, traveling to, preparing for and/or participating in any Prize related activity, or the acceptance, possession, or use or misuse of any Prize, to be eligible for the Prize; and (b) except where prohibited by law, a publicity release granting Sweepstakes Entities the right to use potential Winner’s name, picture and/or likeness, or biographical information or voice for trade, advertising and publicity purposes, in any media now known or hereafter devised, throughout the world, in perpetuity, without additional compensation or consideration or notification. Entry into Sweepstakes constitutes agreement to sign such Affidavit of Eligibility and Release and Publicity Release. When such documentation is properly executed, and potential Winner is otherwise in compliance with the Official Rules, potential Winner will be determined to be the Sweepstakes winner (“Winner” ). Prize or Prize documents returned as undeliverable will result in forfeiture of Prize.
In the event of non-compliance by a potential Winner, such potential Winner shall be disqualified and shall forfeit the Prize, and all privileges otherwise due as a Winner shall be terminated and an alternative potential Winner will be chosen in a random drawing from among all of the remaining Eligible Entries received. Sponsor expressly reserves the right to delay the announcement of the Winner for any reason Sponsor deems necessary. In addition, Sponsor reserves the right to select an alternate Winner in event that any potential Winner fails to comply with these Official Rules.
The Sweepstakes Entities are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected or unsuccessful efforts to notify the potential Winners, or if a potential Winner is a Minor.
By participating in Sweepstakes, Winner acknowledges that Sweepstakes Entities have not and will not obtain or provide insurance of any kind relating to the Prize and that Winner (or any parent or legal guardian acting on behalf of the Winner) will be responsible for obtaining and paying for any life, travel, car, accident, property or other form of insurance relating to the Prize that Winner deems appropriate.
8. Prize Terms: The date for fulfillment of the Prize will be on or about November 17, 2011, but subject to change in Sponsor’s sole discretion. If for any reason any Prize is unavailable or any Prize or related event is delayed, cancelled or postponed, or for any other reason, Sponsor reserves the right to modify the Sweepstakes in its sole discretion and award a substitute Prize, or portion of Prize, of comparable or greater valueas set forth in these Official Rules. No substitution, transfer, assignment or cash equivalent of the Prize, or any portion thereof, is permitted by the Winner. Sweepstakes Entities shall have no responsibility or obligation to a Winner who is unable or unavailable to, or who does not for any reason, accept or utilize the Prize. All costs and expenses not specifically listed above as part of the Prize are solely Winner’s responsibility. Prize is provided “as is”. Entrants acknowledge that Sweepstakes Entities have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize, including any express warranties provided by a Prize supplier that are sent along with the Prize and any implied warranty of merchantability of fitness for a particular purpose. Arrangements for the fulfillment of the Prize will be made by Sponsor. Prizes pictured in online, television and print advertising, promotional packaging and other Sweepstakes materials are for illustrative purposes only.
The value of the Prize will be taxable to Winner as income. An IRS Form 1099 will be issued in the name of Winner for the actual value of the Prize awarded if the actual value of Prizes is over $600. All federal, state and local taxes, and any other costs and expenses associated with acceptance or use of Prize not specifically provided for in these Official Rules are solely the Winner’s responsibility.
9. General Terms: Sweepstakes Entities are not responsible if the Sweepstakes cannot take place, or if any Prize cannot be awarded due to delays, interruptions or failures due to acts of God, war, natural disasters, weather, acts or threats of terrorism, strikes, lockouts, labor disputes, work stoppages, fire, acts of government, or other events outside of the reasonable control of Sweepstakes Entities. If, for any reason the Sweepstakes is not capable of running as planned, including, without limitation,infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of Sweepstakes Entities, which, in Sponsor’s sole determination, corrupts or affects the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend the Sweepstakes or any part of the Sweepstakes. If the Sweepstakes or any part of the Sweepstakes is terminated or modified prior to the closing date of the Sweepstakes, notice will be posted on www.alternativeconsumer.com if time permits and the Prize will be awarded to a potential Winner to be selected in a random drawing from among all of the remaining uncorrupted Eligible Entries received prior to any such event outside of the reasonable control of Sponsor. Sponsor reserves the right to modify and amend these Official Rules from time to time during Sweepstakes for clarification purposes.
Entrants agree to indemnify and hold harmless Sweepstakes Entities from any and all liability arising out of or relating in any way to entrant’s participation in Sweepstakes and to release all rights to bring any claim, action or proceeding against the Sweepstakes Entities arising out of participation in the Sweepstakes or receipt or use of any Prize, including but not limited to: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, or telephone, or network lines; (c) printing errors; (d) lost, late, postage-due, misdirected or undeliverable mail, (e) errors in the administration of the Sweepstakes or the processing of entries; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use of any Prize. Entrants further agree that in any cause of action, the Sweepstakes Entities’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Sweepstakes Entities be liable for attorney’s fees. Sweepstakes Entities assume no responsibility for and will disqualify entries that are: stolen, late, lost, illegible, incomplete, invalid, unintelligible, altered, tampered with, unauthorized, fraudulent, damaged, destroyed, delayed, misdirected, not delivered, not received, or that have incorrect or inaccurate entry information, whether caused by any of the equipment or programming associated with or utilized in Sweepstakes, or by any human, mechanical or electronic error which may occur in the processing of the entries in Sweepstakes, or other errors appearing within the Official Rules or in any Sweepstakes related advertisements, or otherwise are not in compliance with the Official Rules. Sweepstakes Entities assume no responsibility for any typographical or other error in the printing of the offer, administration of Sweepstakes, errors in processing entries, identifying the Winner, in the announcement of the Prize and Winner, and the delivery of the Prize, any problems or technical malfunction of any telephone network or lines, computer systems, online systems, servers or providers, computer equipment, software, failure of any e-mail or players on account of technical problems or traffic congestion on the Internet or on any web site, or any combination thereof, including, without limitation, any injury or damage to entrant’s or any other person’s computer system/softwarerelated to or resulting from participation in, uploading any materials or downloading any materials in Sweepstakes. Use of any device to automate or subvert entry is prohibited and any entries received by such means will be void. No software-generated, robotic, repetitive, programmed, script, macro or other automated entries are permitted and any entries received by such means will be void. Sponsor reserves the right in its sole discretion to disqualify any person they suspect or find: (i) to have used a software generated, robotic, programmed, script, macro or other automated entry; (ii) to have tampered with the entry process or the operation of Sweepstakes; (iii) to be acting in a disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; (iv) to display behavior that will bring such Winner or Sweepstakes Entities into disgrace; (v) to have provided inaccurate information on any legal documents submitted in connection with Sweepstakes; or (vi) to be acting in violation of these Official Rules. ANY VIOLATION OF THESE OFFICIAL RULES BY THE WINNER WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS THE WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS THE WINNER WILL BE IMMEDIATELY TERMINATED. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAW AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. THE CALIFORNIACOURTS (FEDERAL COURTS LOCATED IN ORANGE COUNTY, CALIFORNIA) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE SWEEPSTAKES AND THE LAWS OF THE STATE OF CALIFORNIA SHALL GOVERN THE SWEEPSTAKES. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THESE COURTS.
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. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. 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 a 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 Sponsor’s sole and absolute discretion.
Disputes: Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prizes awarded shall be resolved individually, without resort to any form of class
action, and exclusively by the and federal courts located in Orange County, California, (b) all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes event attorneys’ fees, and (c) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these 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 State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California. By entering into this Sweepstakes, all entrants agree to all the terms and conditions stated in these Official Rules.
10. Request for Name of Winner and Official Rules: All requests for a copy of the Official Rules and for the name of the Winner must be made by November 14, 2011.Vermont residents may omit return postage if requesting a set of Official Rules. For the name of the Winner and/or Official Rules: (i) send a self-addressed stampedenvelopeto:
Fanscape,LLC,Attention:“KIAOPTIMAHYBRIDSWEEPSTAKESWITHTHE ALTERNATIVE CONSUMER”, 360 N. La Cienega Blvd, 3rd Floor, Los Angeles, CA 90048;and (ii) write “Winners List” and/or “Official Rules” on the lower left hand corner of the envelope.
11. Sponsor/Administrator: This Sweepstakes is sponsored and administrated by by Fanscape, LLC, 360 N. La Cienega Blvd, 3rd Floor, Los Angeles, CA 90048.





















