5 TONS OF FUN: OFFICIAL RULES
Eligibility: 5 TONS OF FUN (the “Promotion”) is open only to legal residents of the 50 United States and the District of Columbia and Canada (excluding Quebec), who are 18 years of age or older and located in the U.S. or Canada at the time of entry. Diesel Power Gear (“Sponsor”), Sweepstakes Pros (“Promotion Administrator”) and their respective parents, subsidiaries and affiliated companies, retailers, sales representatives, dealers, distributors, licensees and the advertising, fulfillment, judging and promotion agencies involved in the development and administration of this Promotion and each of their officers, directors, employees and agents (collectively, “Promotion Parties”), and their immediate family members (parent, child, sibling and spouse of each) and those living in the same households of each are not eligible. Void elsewhere and where prohibited by law.
Promotion Period: The Promotion begins at 12:00 a.m. Mountain Standard Time ("MST") on March 20th, 2015 and ends at 11:59 p.m. MST on April 5th, 2015 (the "Promotion Period").
How to Enter: During the Promotion Period, go to the following websites: www.dieselpowergear.com or www.4x4anything.com (“Websites”) and purchase one or more products during the Promotion Period (“Purchase Entry”). Entrants must complete all required information. RECEIVE ONE ENTRY FOR EVERY $5 SPENT (not including shipping).
Drawing: On or about April 15th, the Promotion Administrator will conduct a random drawing from among all eligible entries received during the entire Promotion Period.
Promotional Prizes: One (1) Grand Prize: One entrant will be awarded a 5-Ton Military Truck. All vehicle prizes are pre-owned. No substitution, cash redemption or transfer of prize is permitted except at Sponsor’s sole discretion. If prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute a prize of equal or greater value. All federal, state, provincial and local taxes, and all other costs associated with acceptance or use of the prize, are the sole responsibility of the recipient. Sponsor will determine all features of the vehicle. Winner of vehicle must be a licensed driver. Winner of vehicle is responsible for license, registration, auto insurance, transportation, import and export taxes, and other fees associated with the prize. All prizes are awarded “as is” with no warranty or guarantee, either express or implied. Winner of vehicle agrees Diesel Power Gear, or any of the Promotion Parties has neither made nor is responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the vehicle, including but not limited to its quality, mechanical condition or fitness. Arrangements for delivery of prize will be performed after recipient validation. LIMIT ONE (1) PRIZE PER PERSON/EMAIL ADDRESS/HOUSEHOLD. Odds of receiving the grand prize depend on the number of entries received. At the Sponsor’s discretion, unclaimed prizes may not be awarded.
General Rules: All federal, state and local laws apply. All potential recipients (and/or their parent/legal guardian if a minor) will each be notified by telephone, email, regular mail or overnight mail, and may be required to complete, sign and return an Affidavit or Declaration of Eligibility and Release of Liability , and where lawful, a publicity release within a stated amount of time. The return of any notification as undeliverable or failure to respond to notices or return any documents in a timely manner or if a potential recipient is found to be ineligible or not in compliance with these Official Rules, as determined by the Promotion Administrator, may result in disqualification and an alternate winner may be chosen. By participating, participants agree to release, discharge and hold harmless Promotion Parties from and against any and all liability or damages associated with this Promotion or acceptance, use or misuse of any prize received in this Promotion. Promotion Parties are not responsible for any typographical or other error in the printing of the offer or administration of the Promotion. Acceptance of prize constitutes permission for the Sponsor and its agencies to use recipients’ names and likenesses for purposes of advertising and publicity without further compensation, unless prohibited by law. By participating in this Promotion, participants agree to be bound by the Official Rules and decisions of the independent Promotion Administrator, which shall be final in all matters relating to the Promotion. Promotion Parties are not responsible for printing, distribution or production errors or for technical, hardware, software, or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the user or by any of the equipment or programming associated with or utilized in this Promotion, or by any human, or other error, which may occur in this Promotion. If, in the Promotion Administrator's sole opinion, there is any suspected or actual evidence of tampering with any portion of the Promotion or Website or if technical difficulties compromise the integrity of the Promotion, the Promotion Administrator reserves the right to void suspect entries and/or modify and/or terminate the Promotion and/or conduct a random drawing to award the prizes using all known eligible non-suspect entries received. The Promotion Administrator reserves the right to disqualify any individual who tampers with the Promotion or Website or acts in a disruptive or unfair manner. In the event of a dispute regarding the identity of the person submitting an entry, entries will be declared made by the person's name submitted at time of entry.
Choice of Law and Jurisdiction: This Promotion is offered only in the United States and Canada (excluding Quebec) and is governed by the laws of the State of Utah. By entering, entrants irrevocably consent to the sole and exclusive jurisdiction of the courts of the State of Utah located in the county of Davis for any action, suit or proceeding arising out of or relating to this Promotion.
Waiver: By participating in this Promotion, participant waives all rights to claim punitive, incidental and consequential damages, attorneys’ fees or any damages other than actual out-of-pocket costs incurred to participate.
Sponsor: Diesel Power Gear, LLC, Woods Cross, UT 84087