HYUNDAI MOTOR AMERICA
HYUNDAI SWAG GAME SHOW
Official Rules
NO PURCHASE NECESSARY TO PARTICIPATE OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND CONTESTANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
THESE OFFICIAL RULES APPLY FOR THE HYUNDAI SWAG GAME SHOW (collectively, the “GAME”) SPONSORED BY HYUNDAI MOTOR AMERICA (“Sponsor”), AND INTENDED FOR
PLAY ONLY BY REGISTERED CONTESTANTS OF THE GAME AS DEFINED IN THESE OFFICIAL RULES. THE GAME IS GOVERNED BY U.S. LAW.
BY REGISTERING/PLAYING (OR OTHERWISE PARTICIPATING IN) THE GAME, EACH CONTESTANT AND AUDIENCE MEMBER AGREES TO THESE OFFICIAL RULES, WHICH ARE A BINDING CONTRACT, SO READ THEM
CAREFULLY BEFORE PARTICIPATING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE CONTEST PARTIES (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND
REMEDIES.
The Game begins on or about 10:00:00 a.m. Eastern Time (“ET”) on March 29, 2024, and ends at 11:59:59 p.m. PT on December 1, 2024 (“Game Period”).
The Game Period consists of multiple events that occur during the Game Period, each of which will be an activation at an auto show (each an “Event”). Each Event
will have a start and end date (each an “Event Period”) based on the date and timing of the applicable auto show. Event dates and times are subject to change.
The number of Events and the number of game sessions to be conducted during each Event will be determined by the Sponsor and is dependent upon the hours of operation of the
applicable Event. Game sessions will be conducted approximately once per hour for every hour the auto show is open during the applicable Event (each a “Game
Session”). The Game is a contest of skill (“Contest”), based on trivia questions (some with audience help) and physical challenges.
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ELIGIBILITY: The Game is open only to legal residents of the fifty (50) United States, as well as Puerto Rico and the U.S. Virgin Islands, and the District
of Columbia, who are eighteen (18) years of age or older at the time of Game registration and have a ticket to an Event that was not purchased for the purpose of
participating in this Game. A minor who is under the age of 18 may be allowed to participate, with a parent survey, but will only be eligible to receive a single
participation prize. Employees, managers, officers, agents, and directors of Hyundai Motor America (including, without limitation, its dealerships and dealership personnel)
(the “Sponsor”), Innocean Worldwide Americas, LLC, and their respective parent companies, affiliates, subsidiaries, advertising, promotion, contest, fulfillment
and marketing agencies (collectively, the “Contest Parties”), their immediate family members and those living in the same household as such individuals (whether
legally related or not) are not eligible to participate in the Game or win a prize. For purposes of this Game, immediate family members are defined as spouse, partner,
parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren 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. By participating, you agree to these Official Rules and to the decisions of the Sponsor, which are final
and binding in all respects. Void outside of the 50 U.S. and where prohibited by law, rule or regulation. By participating in the Game, each audience member, registrant,
and Contestant unconditionally accepts and agrees to comply with and abide by these “Official Rules” and the decisions of Sponsor, including the interpretation
of these Official Rules and its exercise of discretion, which will be final and binding in all respects. All federal, state and local laws and regulations apply.
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HOW TO REGISTER TO PLAY A GAME: During the Game Period, an eligible participant may visit the Hyundai booth at an Event during public show hours. Upon
visiting the Hyundai booth at an Event, an eligible participant must register with a Hyundai on-site representative or at www.hyundaiswag.com to register to participate in
a daily game session. Each Game Session is an independent event. Each eligible participant will be required to register for the next Game Session. Each
contestant will be required to provide full name, mailing address including zip code, telephone number including area code, and valid email address upon registration.
Sponsor will permit up to two (2) eligible participants who complete the registration process in the required time to participate as a contestant (each a
“Contestant”) in the Game for the next Game Session.
Registration is on a first-come, first-served basis. Limit: Two (2) Contestants per Game Session. Any additional interested persons will be recruited as members of the
“audience.” There will be no audience number limitation. Each contestant and audience member will be assigned to one of two teams. the Game. The clock of
the Hyundai on-site Host, representative, or Product Specialist (defined below) at each Event shall be the official time-keeping device for the Game
Session.
Each Contestant must be the “Authorized Account Holder” of the email address and telephone number provided upon registration. In the event of a dispute over the
identity of a Contestant, the Contestant will be the registered owner of the email account and telephone number provided at registration.
Limit one (1) registration per Contestant during the entire Game Period. Additional registrations will be disqualified.
Whether you win a prize will be determined by the outcome of the Game Play (Game Play defined below). Sponsor is not responsible for and shall not be liable for: (i) late,
lost, stolen, delayed, misdirected, incomplete, unreadable, or inaccurate registrations; (ii) errors of any kind whether mechanical, human or otherwise relating to or in
connection with the Game, including, without limitation, errors which may occur in connection with the administration of the Game or the processing of registrations; (iii)
data corruption, theft, destruction, unauthorized access to or alteration of registration or other materials; or (iv) any printing, typographical, human, administrative or
technological errors in any materials associated with the Game. In the event a Game Session is cancelled for any reason, it will not be rescheduled.
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HOW TO PLAY THE GAME (“GAME PLAY”): Each Game Session will run approximately (10-15) minutes. Each Game Session will be conducted by an onsite
Game representative designated by Sponsor (“Product Specialist” or “Host”)) and will include two (2) Contestants and their assigned audience
members. (collectively, a “Team”). Each Game Session will begin with the Host introducing both Contestants and explaining how the Game will be played. The Host
will then ask seven (7) multiple choice questions on different topics pertaining to the Hyundai brand and current model lineup. The first six (6) questions will be worth 1
point and final question will be worth 5 points. Each contestant will be given a buzzer. The Contestant who hits their buzzer first after the Host has completed reading
each question and the possible answers will be given first opportunity to make their answer selection. Contestants may seek assistance from their respective audience team
members to answer any two (2) of the ask seven (7) questions. A wrong answer gives the other Contestant a chance to steal. All questions will be determined by Sponsor in
its sole discretion and are designed to be of increasing difficulty. The Contestant Team receiving the highest point total upon completion of all questions being answered
wins the game. All decisions regarding correctness of answers or judging performance are at the Sponsor’s/Host’s sole discretion.
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WINNER NOTIFICATIONS/RELEASES: After the results of each Game Session have been announced by the Host/Product Specialist, the potential winners may be
required by Sponsor to complete a Prize Verification Form and where lawful a Publicity Release. Age verification may be required to claim a prize. Non-compliance may result
in disqualification and forfeiture of the applicable prize. Forfeited prizes will not be awarded. Prizes that are unclaimed will not be awarded.
- PRIZES/PRIZE RESTRICTIONS: The following prizes are available to be awarded for each Game Session.
- Both Contestants shall receive a participation bonus prize with an ARV of $8.00
- Winning team Contestants and Audience Members 18 and older will receive a SWAG Prize Pack with an ARV of $9.00.
- Losing team Contestants and Audience Members 18 and older will receive a SWAG Prive Pack with an ARV of $7.00
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Qualified audience members under 18 years of age (i.e., accompanied by a registered 18 and older adult) will receive a SWAG Participation Prize with an ARV of $1.00.
The number of prizes awarded for each Game Session will be determined as each Game Session occurs. Each prize winner will be solely responsible for all expenses associated
with the acceptance and use of any prize(s). The ARV of prizes set forth above represents Sponsor’s good faith determination of the actual fair market value and as
ultimately determined by Sponsor, is final and binding and cannot be challenged or appealed. In the event a stated ARV is more than the actual fair market value, the
difference will not be awarded in cash or otherwise. Upon verification, prizes will be awarded on-site immediately following each Game Session. Prizes are non-transferable.
No substitutions, exchanges, or cash redemptions are permitted except by Sponsor due to unavailability, in which case a prize of equal or greater value will be awarded.
Prizes are awarded “as-is” and the Contest Parties have neither made nor are responsible or liable for any warranty, representation, or guarantee, express or
implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition, or fitness.
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EVENT CONDUCT: The conduct of each Contestant and audience member will be under the supervision of Sponsor, the Host(s), and the Event staff whose
decisions are final and binding in all aspects relating to each Game and Event. Sponsor reserves the right to disqualify any Contestant from participation in the Game
and/or to remove any Contestant from the Event premises at the sole discretion of the Sponsor, Host, or other Event staff for any reason at any time, including if the
Contestant is found to be tampering with the operation of the Contest or violating the Official Rules, creating an unauthorized disturbance or interruption or engaging in
unnecessarily rough physical contact, or unsportsmanlike, disruptive, abusive, threatening, or harassing conduct, or for engaging in any unlawful, unsafe, or inappropriate
act. Sponsor may prohibit individuals from participating in this Game and disqualify Contestants if they (1) attempt to participate in the Game through any means other than
as described in these Official Rules, (2) attempt to disrupt the Game, tamper with the operation of the Game, or circumvent the terms and conditions of these Official Rules
in any way or (3) repeatedly show a disregard for the Official Rules or act (a) in an unsportsmanlike manner or (b) with an intent to annoy, abuse, threaten or harass any
other Contestant or Sponsor. Sponsor may prohibit an individual from participating in the Game or winning a prize if, in its sole discretion, it determines that said
individual is attempting to undermine the legitimate operation of the Game by cheating, hacking, deception, or other unfair playing practices or intending to annoy, abuse,
threaten or harass any Contestant or Sponsor representative.
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GENERAL: Sponsor or any Host may discontinue this Game at any time. Sponsor may terminate this Game or decide to modify it in any manner that it deems fair
and equitable to eligible Contestants (and audience members) if it becomes aware of any occurrence that would materially affect the Game security and fairness. Contest
Parties reserve the right to correct typographic, clerical or printing errors in any Game materials. By participating in this Game, Contestants and audience members agree
to abide by and be bound by these Official Rules and understand that Sponsor’s and Host’s decisions with respect to the Game results are final and binding in
all respects. By participating in the Game, Contestants and audience members hereby release, discharge, and hold harmless the Contest Parties from any and all claims,
actions, and/or liabilities for any loss, harm, damages, costs or expenses, including without limitation property damages, personal injury and/or death, arising out of
participating in this Game, or the acceptance, possession, use or misuse of any prize and claims based on publicity rights, defamation or invasion of privacy and
merchandise delivery. In the event the Sponsor is prevented from continuing with this Game, or the integrity and/or feasibility of the Game is undermined by any event
including but not limited to fire, flood, epidemic, pandemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure,
riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state, or local government law, order of regulation, order of any
court or jurisdiction, or other cause not reasonably within the Sponsor’s control (each a “Force Majeure” event) the Sponsor shall have the right, in its
sole discretion, to abbreviate, modify, suspend, cancel or terminate the Game without notice or further obligation. If the Sponsor, in its sole discretion, elects to
abbreviate, cancel or terminate the Game because of a Force Majeure event, the Sponsor reserves the right, but shall have no obligation, to award the prizes from among all
valid and eligible Contestants and/or audience members up to the time of such Force Majeure event. The interpretation of these Official Rules shall be governed by the laws
of the United States and the State of California exclusively and solely by and within the courts of that state without regard to choice of law principles, subject to
arbitration requirements in Section 10, below.
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USE OF INFORMATION: By registering for the Game and/or participating in the Event, each Contestant and audience member grants to the Contest Parties the
right to videotape such Contestant’s or audience member’s participation in the Event and consents to the use of his/her name, hometown, video and photos of the
Game, and prize information, voice, picture, image and/or likeness, for advertising, trade and/or publicity or any other lawful purposes without additional compensation in
all media without notice, review, or approval, (except where prohibited by law), including but not limited to Sponsor’s websites and social media platforms in
connection with this Game. The information that you provide in connection with the Game may be used for Sponsor’s internal purposes and to send you information about
Sponsor's products and offers, but will not be provided to third parties, except as necessary for the administration of Game, as required by law or legal process, or as set
forth in Sponsor’s privacy policy. For more information about Sponsor’s use of personal information, see Sponsor’s privacy policy by pressing the Privacy
Practices link indicated at the bottom of the Home Page at www.hyundaiusa.com.
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DISCLAIMER: Contest Parties are not responsible for printing or typographical errors in these Official Rules or in any Game-related materials. Sponsor
reserves the right, in its sole discretion, to disqualify any individual that tampers with the registration or Game process. Sponsor also reserves the right to
terminate, suspend, cancel or modify the Game and award the prizes for the Game from among all eligible, non-suspect Contestants (i) as of the date of termination using
the procedure outlined above or in another manner deemed fair by Sponsor, in its sole discretion if for any reason this Game is not capable of running as planned due to
any reason, including tampering, fraud, unauthorized intervention, technical failures or other causes that may corrupt or impair the integrity, fairness or proper play
of the Game. Contest Parties are not responsible or liable for any events which may cause errors and/or the Game to be stopped, including but not limited to any error,
omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration
of, registration materials, nor are they responsible for any problems or technical malfunction of any telephone, network or telephone lines, computer on-line systems,
servers, or cable, satellite, or Internet Service Providers, computer equipment, software or any other failure of any registration to be received by Sponsor on account
of technical problems, human error or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to any person's
computer relating to or resulting from participation in this Game or downloading any materials in this Game. Should more prizes be announced via any error or failure,
or for any other reason, in any prize category, than are planned for that category in the Official Rules, Sponsor reserves the right to award only the prizes stated in
the Official Rules for that category. In no event will more prizes be awarded than that listed in Section 5.
CAUTION: ANY ACT OR ATTEMPT BY A REGISTRANT OR CONTESTANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS GAME IS A VIOLATION OF
CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, CONTEST PARTIES RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY
SUCH INDIVIDUAL(S) TO THE FULLEST EXTENT PERMITTED BY LAW.
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DISPUTES: By playing the Game, each Contestant and audience member agrees that: (1) any and all disputes, claims, and causes of action arising out of or
connected with the Game, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards
shall be limited to actual out‑of‑pocket costs incurred, including costs associated with registering for or participating on the Game, but in no event will attorneys’
fees be awarded or recoverable; and (3) under no circumstances will any Contestant be permitted to obtain any award for, and each Contestant hereby knowingly and expressly
waives all rights to seek, punitive, incidental or consequential damages and/or any other damages, other than actual out‑of‑pocket expenses, and/or any and all rights to
have damages multiplied or otherwise increased. THIS GAME IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA, AND THE FORUM AND
VENUE FOR ANY DISPUTE SHALL BE IN ORANGE COUNTY, CALIFORNIA IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE
RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JAMS IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS
RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN CALIFORNIA.
ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN ORANGE COUNTY, CALIFORNIA. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO
EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING
ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. YOU AGREE THAT YOUR
RIGHTS AND OBLIGATIONS AND THOSE OF ANY REGISTRANT OR CONTESTANT AND/OR CONTEST PARTIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF
CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR FROM THE END OF THE GAME PERIOD, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
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LIMITATION OF LIABILITY: By participating in this Game, you agree that the Contest Parties and each of their respective representatives, consultants,
contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers and each their respective officers, directors,
stockholders, employees, representatives, designees and agents (“Released Parties”) are not responsible for any injury, loss, or damage of any kind, whether
personal (including death) or property, to Contestants or to any person's computer related to or resulting from participating in the Game and/or accepting a prize, nor for
any unanswered or undeliverable winner notifications.
By playing the Game, you agree: (i) to waive all of your rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Game;
and (ii) to forever and irrevocably agree to release, discharge and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of
action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may arise in connection
with: (a) the Game, including, but not limited to, any Game-related activity or element thereof, and your entries, participation or inability to participate in the Game;
(b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) acceptance, attendance at, receipt, travel related to, participation in,
delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage (including property damage, personal injury and/or death), destruction, negligence
or willful misconduct in connection with the use of a prize (or any component thereof); (d) any change in the prizing (or any components thereof); (e) human error; (f) any
wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (g) lost, late, stolen, misdirected, damaged or destroyed prizing (or any
element thereof); or (h) the negligence or willful misconduct by a registrant or Contestant.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR PARTICIPATION IN THIS GAME. WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT
PERMITTED BY LAW, THIS GAME, INCLUDING THE PRIZES, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO ALL CONTESTANTS.
YOU SHOULD CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
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TAX INFORMATION: All federal, state, local, and other taxes on prizes and any other costs and expenses associated with prize acceptance and use not
specified herein as being provided, are the sole responsibility of each applicable winner.
SPONSOR: Hyundai Motor America, 10550 Talbert Ave., Fountain Valley, CA 92708; https://www.hyundaiusa.com/;
https://www.hyundaiusa.com/privacy-policy.aspx