The Soul Xpression Contest

Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. ONLINE ENTRY ONLY AND INTERNET CONNECTION REQUIRED. Contest is only open to natural persons who are legal residents of and are physically located in one (1) of the fifty (50) United States or the District of Columbia who are at least eighteen (18) years of age at the time of entry and entries originating from any other jurisdiction are not eligible for entry. This Contest is governed exclusively by the laws of the United States. You are not eligible to participate in the Contest if you are not located within the fifty (50) United States or the District of Columbia. Void where prohibited by law.

1. Description of Contest. The Soul Xpression Contest (the "Contest") is sponsored by Harris Publications, Inc. ("Sponsor"). The Contest is a skill competition where you can submit a creative expression (“Expression”) at http://www.antennamag.com/kia (the "Contest Site”) that is any combination of up to 300 words and/or images that represents your Kia Soul® vehicle (image file size limit 2 MB). The best Expression as judged by the Sponsor using the criteria set forth below will win One Thousand Dollars ($1,000.00). Five runner-ups who submit the next five best Expressions using the criteria set forth below will win limited edition merchandise valued at $100 per prize (5 runner-up prizes awarded in total, approximate retail value $100 each; $500 in total).A description of all Contest details, including important dates and criteria for determining prize winners can be found below. By entering the Contest, entrants agree to comply with and be bound by these "Official Rules”. Failure to comply with these Official Rules may result in disqualification from the Contest.

2. How to Enter. To enter the Contest during the Contest Period (defined below) first go to the Contest Site and complete the entry form by including your Expression, name and e-mail address, mailing address and phone number. Entrant's Expression can be any combination of words and/or images (personal or computer generated drawings or photographs only – absolutely no videos!) that represents your Kia Soul vehicle that are capable of being sent to Sponsor via the Contest Site. Any written portion of an Expression must be in the English language. Sponsor may reject any entrant’s Entry in the Contest that does not include the entry form completed in all respects and complies with the Expression Requirements (defined below). Each Expression must comply with the following requirements (the "Expression Requirements"):

  1. Expressions uploaded through the Contest Site must be in digital format and must comply with the Contest Site's posting requirements (if any).
  2. Expressions may not previously have been submitted to or won an award in any other contest.
  3. No background artwork should appear in the Expressions submitted unless it is an original work of the entrant.
  4. Any third party names, logos, trademarks, etc. that can be seen in Expressions must be depicted as they would normally appear on a commercial product (unaltered).
  5. Each Expression, in its entirety, must be a single work of original material created by the Contest entrant. No other automotive brands may appear in an Expression and only images of your own non-damaged Kia Soul vehicles may be submitted as part of an Expression.
  6. Each Expression must not, in the sole and unfettered discretion of the Sponsor, contain obscene, provocative, defamatory, sexually explicit, or otherwise objectionable or inappropriate content.
  7. Each Expression must not contain material that violates or infringes another person’s rights, including, but not limited to, privacy, publicity or intellectual property rights, or that constitutes copyright infringement.
  8. Each Expression must not contain material that is unlawful, in violation of or contrary to the laws or regulations.

The submission of an Entry form to Sponsor with an Expression shall be referred to herein as “Entry”. All Entries must be received by 5:00 pm Eastern Time (“ET”) on December 11, 2009. The Contest Site's database clock will be the official time keeper for this Contest. Assurance of delivery of the Entry and Expressions will be the sole responsibility of the entrant. Any automated computer receipt (such as a "thank you" message or one confirming delivery of entry) does not constitute proof of actual receipt by Sponsor of an entry for purposes of these Official Rules. Mechanically reproduced, illegible, incomplete or forged entries may be rejected by Sponsor. To be eligible, entrants must submit their entries and agree to the Official Rules before the end of the Contest Period or be subject to disqualification.

All entrants must have a valid e-mail address. Limit one (1) Entry per person. No automated entry devices and/or programs permitted. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Only fully completed Entry forms are eligible. Proof of submission will not be deemed to be proof of receipt by Sponsor.

3. Start/End Dates. The Contest begins at 11:00 a.m. ET on October 2, 2009 and ends at 5:00 p.m. ET on December 11, 2009 (the "Contest Period").

4. Eligibility. The Contest is open only open to natural persons who are legal residents of and physically located in one (1) of the fifty (50) United States or the District of Columbia and who are eighteen (18) years of age or older at the time of entry. Void outside of the fifty (50) United States and the District of Columbia, and where prohibited by law. Employees, officers and directors of Sponsor, Kia Motors America, Inc. ("KMA") and each their respective parent companies, subsidiaries, affiliates, partners, dealers, advertising and promotion agencies, manufacturers or distributors of promotion materials ("Contest Entities") and the immediate family members (parents, children, siblings, spouse, mother, father, in-laws, grandmother, grandfather, brother, sister and grandchildren) or those persons living in the same household (whether legally related or not) of such employees/officers/directors are not eligible to enter. Contest may only be entered in or from the United States and entries originating from any other jurisdiction are not eligible for entry. You are not authorized to participate in the Contest if you are not located within the United States. All applicable federal, state and local laws and regulations apply.

5. Contest/Judging/Judging Criteria/Contest Prize. All eligible entrants who submit an Expression will be entered into the Contest. Expressions entered into the Contest will be judged by a panel of judges chosen by Sponsor (in its sole and absolute discretion), whose decisions will be final and binding with respect to the Contest. Sponsor reserves the right to reject or disqualify any Entry that it deems inappropriate or does not comply with the Expression Requirements, in its sole and absolute discretion. Judges will determine the winners based on the following equally-weighted judging criteria (“Judging Criteria”): (a) quality; (b) originality; and (c) fit with the mission of Soul Xpression as outlined in print and online communications. In the case of a tie, the Contest Entry among the tied entries with the highest score in the "Quality" category will be deemed the "Contest Winner". If a tie still remains, a guest judge will be re-judge the entries using the Judging Criteria to break the tie. One (1) Contest Grand Prize Winner will be chosen by the Judges based on the Judging Criteria on or about January 8, 2010. The Contest Grand Prize Winner will receive $1,000 (the "Contest Prize"). Five (5) Runner Up Winners will will be chosen by the Judges based on the Judging Criteria on or about January 8, 2010. The Contest Runner Up Winners will receive a t-shirt, sneakers or other premium limited edition item selected in Sponsor's sole discretion (“Runner Up Prize”) from the partners who worked with Sponsor on Soul Xpression. The Approximate Retail Value (“ARV”) of each Runner Up Prize: One Hundred Dollars ($100). Total ARV of all Runner Up Prizes combined is Five Hundred Dollars ($500). The Contest Grand Prize Winner will be notified by e-mail on or about January 11, 2011. The Contest Runner Up Winners will be notified by e-mail on or about January 27, 2011.

6. Additional Prize Restrictions. The Contest Winners will be collectively referred to herein as each a “winner” and collectively “winners.” Total ARV of all prizes awarded: Fifteen Hundred Dollars ($1500). Allow at least 4-6 weeks for shipment of prizes after winners are announced. All federal, state and local taxes on any prize, and other expenses not specifically included herein are the sole responsibility of the winners. The value of any prize awarded to a winner may be reported for tax purposes as required by law. The winners may be required to provide Sponsor with his/her correct full-name, mailing address, telephone number and valid social security number before the prize will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of winners. Prizes are non-transferable. No substitutions or cash redemptions except at Sponsor's sole and absolute discretion. In the case of unavailability of any prize, Sponsor reserves the right to substitute a prize of equal or greater value. All prizes are awarded "AS IS" and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Prizing may be fulfilled by a third party. Unclaimed prizes will be forfeited.

7. Notification. Potential winners will be notified by e-mail and may be required to sign and return, an Affidavit or Declaration of Eligibility and Liability/Publicity Release (where legal) (the "Affidavit") within ten (10) days of prize notification before being eligible to receive his or her prize. If any winner is considered a minor in his/her jurisdiction of residence, Liability/Publicity Release must be signed by his/her parent or legal guardian and such prize will be delivered to minor’s parent/legal guardian and awarded in the name of parent/legal guardian. If any winner cannot be contacted within five (5) calendar days of first notification attempt, refuses or fails to sign and return the Affidavit within ten (10) days, if any prize or prize notification is returned as undeliverable, unclaimed or returned as undeliverable, if any winner rejects his/her prize or in the event of noncompliance with these Official Rules and requirements, such prize will be forfeited and an alternate winner will be selected from all remaining eligible entries based on the original selection process for that prize (i.e., judging for the Contest). Upon prize forfeiture, no compensation will be given. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules, he or she may be disqualified in Sponsor’s sole discretion, and an alternate potential winner may then, in Sponsor’s sole discretion, be selected. The Affidavit is subject to verification by Sponsor.

The Contest 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 potential winner is a minor, for late, lost, misdirected, or unsuccessful efforts of potential winner to provide signed parental or guardian consent. If a potential winner changes his/her e-mail address or other contact information after he/she registers, it is his/her sole responsibility to update his/her registration information by notifying the Sponsor using a contact feature on the Contest Site. Failure to update such registration information may affect a potential winner’s ability to receive a prize.

8. Conditions. Participation in the Contest constitutes each entrant’s permission for Sponsor and its licensees, and its and their successors, assigns and sublicensees the right and permission to use his/her name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information and/or any statements made by each winner regarding the Contest or Sponsor for advertising and Contest purposes without notice or additional compensation, except where prohibited by law. By participating, entrants and winners agree to defend, indemnify, release and hold harmless the Contest Entities from and against any and all claims, demands, causes of action (however named or described) liability, for losses, harm, damages, injury, costs or expenses whatsoever, including, without limitation, property damage, personal injury and/or death which may occur in connection with, entrant's breach of the Official Rules, preparation for, travel to, or participation in Contest, or possession, acceptance and/or use or misuse of a prize or participation in any Contest-related activity and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery. The Contest Entities are not responsible or liable to any entrant or the winner or any person claiming through such winner if the Contest cannot take place or if any prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, kidnapping, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, vandalism, or any other cause beyond the Contest Entities’ sole control. Entrants who do not comply with these Official Rules, or attempt to interfere with this Contest in any way shall be disqualified. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest materials, privacy policy or terms of use on the Contest Site and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control.

Entrants, upon submission of their Expression to the Contest, hereby irrevocably, exclusively, in perpetuity and throughout the universe, grant, transfer and assign to Sponsor, and each of its licensees, successors and assigns, their Expression, including, without limitation, all right, title and interest in and to the Expression, including all copyrights, trademark and service mark and trade dress rights, and all other legal and equitable rights in the Expression, including, without limitation, the exclusive rights to make, use, reproduce, prepare derivative works based upon, perform, display, license, exploit, sell or otherwise dispose of, the Expression and related materials, as well as copies thereof, in any manner and for any purpose that Sponsor, in its sole discretion, may see fit; and all rights to register, extend and renew trademarks in the Expression or any derivative works based on the Expression. Entrants agree that Sponsor nor its agents shall be responsible for return or preservation of the Expressions submitted. The sole compensation to the Contest winner will be the Grand Prize and no additional compensation will be due or paid as a result of the Expression being used as contemplated by Sponsor.

Each entrant hereby represents and warrants that he or she has read, understands and will follow these Official Rules. Entrants further represent and warrant that Expressions and all elements therein submitted as part of the Contest: (1) are wholly original work of the entrant; (2) 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; and (3) is not the subject of any threatened or pending litigation, claim or dispute that might give rise to litigation, which adversely affects or in any way prejudices, impairs or diminishes the rights granted hereunder or the value thereof. Each entrant further represents and warrants that he or she has the right to agree to and fully perform consistent with these Official Rules and the consent of no third parties are required to grant the rights hereunder.

9. Additional Terms. In case of dispute as to the identity of any entrant, entry will be declared made by the authorized account holder of the e-mail address submitted at time of entry provided that the individual is an eligible entrant. “Authorized Account Holder” is defined as the natural person who is assigned an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational, institution, etc.) responsible for assigning email addresses or the domain associated with the submitted email address. Any potential winner may be requested to provide Sponsor with proof that such winner is the authorized account holder of the e-mail address associated with the winning entry. In the event a dispute regarding the identity of the individual who actually submitted an Entry cannot be resolved to Sponsor's satisfaction, the affected Entry will be deemed ineligible.

Any other attempted form of entry is prohibited; no automatic, programmed; robotic or similar means of entry are permitted. The Contest Entities are not responsible for printing or typographical errors in any Contest-related materials; for viruses; human error, technical, hardware, software, telephone, computer or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or stolen, lost, late, misdirected, damaged, failed, illegible, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Contest, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Contest or downloading any materials in this Contest. Further, the Contest Entities not responsible for any additional expenses, omissions, delays or re-routing resulting from any acts of any government or authority. Additionally, the Contest Entities 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 entrant’s e-mail account to receive e-mail messages. Also, the Contest Entities are not responsible, and may disqualify an entrant, if his or her e-mail address does not work or if it is changed without entrant giving prior written notice to Sponsor.

Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Contest should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Contest. In such case, Sponsor may select the winners from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Contest or the Contest Site. Sponsor may prohibit an entrant from participating in the Contest or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives.

CAUTION: ANY ATTEMPT BY AN ENTRANT TO DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

10. Disputes. BY ENTERING THE CONTEST, EACH ENTRANT 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 CONTEST, 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 TWO HUNDRED FIFTY DOLLARS ($250.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT 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.

EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:

“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

11. Use of Data. When entering the Contest, entrant recognizes and agrees that Sponsor will be collecting the registration information provided by entrant and use of such information will be governed in accordance with Sponsor's privacy policy. Please review the Sponsor’s privacy policy at http://www.antennamag.com/online/privacy. If entrants would like to receive additional information from Sponsor, they may consent by checking the opt-in box at the time of registration for the Contest. Opt-in consent is not required to enter the Contest and will not increase your chances of winning.

12. List of Winners/Winner’s Name. To obtain a list of winners/the name of the winner, send a self-addressed, stamped envelope by March 31, 2010 to: Soul Xpression c/o Antenna Magazine, 1115 Broadway, 8th floor, New York, NY 10010.

13. Sponsor. Harris Publications, Inc., 1115 Broadway, New York, NY 10010.