Diablo $5000 Giveaway
NO PURCHASE NECESSARY TO ENTER OR WIN.
A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
- Eligibility: The Diablo $5000 Cash Giveaway (the “Promotion”) is open only to legal residents of the 50 United States and the District of Columbia and Canada (excluding Quebec) the "Territory") who are 18 years of age or older and located in the Territory at the time of entry. Diesel Power Gear LLC (“Sponsor”), SweepstakesPros (“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 respective officers, directors, employees and agents (collectively, “Promotion Parties”), and their immediate family members and persons living in the same households of each (whether related or not) are not eligible to participate. The Promotion is subject to all applicable federal, state and local laws and is void outside the Territory and where prohibited by law. By participating in this Promotion, entrants (and their parents or legal guardians if entrants are deemed minors in the jurisdictions in which they reside) agree to abide by and be bound by the Official Rules and decisions of the independent Promotion Administrator, which shall be final in all matters relating to the Promotion. Sponsor or Administrator may require proof of consent at any time and in any manner they deem appropriate.
- Promotion Period: The Promotion begins on March 24th, 2021 and ends at 11:59 p.m. MST on March 31st, 2021 (the "Promotion Period").
How to Enter:
- Purchase Entry: During the Promotion Period, go to DieselPowerGear.com(“Website”) and purchase one or more products during the Promotion Period (“Purchase Entry”). Entrants must complete all required information. RECEIVE ONE ENTRY PER ORDER.
- Mail-in Entry: To obtain an entry without making a purchase, legibly handprint your name, street address, city, state or province, zip or postal code, telephone number, complete e-mail address on a standard 4” x 6” postcard (with no outer envelope) and mail to: Diablo $5000 Cash Giveaway, P.O. Box 2670, Salt Lake City, UT 84110 (“Mail-in Entry”). Requests must be received by April 7th, 2021. All mail-in entries must be legibly hand written (including addressing), mailed separately with no outer envelope and have sufficient postage. Promotion Parties assume no responsibility for lost, late, misdirected, stolen, illegible, inaccurate, damaged, incomplete, non-delivered or postage-due mail; or for failure or unavailability of electronic equipment, communications or Internet connections; or other errors, failures or malfunctions of any kind. RECEIVE ONE ENTRY PER MAIL-IN ENTRY REQUEST.
- Grand Prize Drawing: On or about April 10th, 2021, in Woods Cross, UT, the Promotion Administrator will conduct a random drawing and select one winner among all eligible entries received during the entire Promotion Period..
- Prize, Approximate Retail Value (“ARV”) & Odds of Winning: One (1) Grand prize: $5,000 awarded by check, a total ARV of $5,000. No substitution, cash redemption or transfer of prize is permitted except at Sponsor’s sole discretion or as provided herein. If the 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 and local taxes, and all other costs associated with acceptance or use of the prize, are the sole responsibility of the winner. Arrangements for delivery of prize will be made after winner validation. If a prize is won by a minor, it will be awarded in the name of the winner’s parent/legal guardian. Odds of winning a prize depend on the number of eligible entries received. Prize will be awarded only to an address within the Territory provided they are claimed properly in accordance with these Official Rules. At the Sponsor’s discretion, unclaimed prizes may not be awarded. Canadian residents must correctly answer a time-limited, mathematical skill-testing question (without assistance of any kind, mechanical or otherwise) if selected as a potential winner, in order to claim a prize.
- Notification & Validation of Winners: Potential winners (and/or his/her parent/legal guardian if winner is a minor) will be contacted by telephone, email, regular mail or overnight mail, and may be required to complete, sign and return an affidavit of eligibility, a liability release, tax forms, 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 required documents or information in a timely manner or a determination that a potential winner is ineligible or not in compliance with these Official Rules, as determined solely by the Promotion Administrator, may result in disqualification of the winner and forfeiture of the corresponding prize, and the choosing of an alternate winner in a random drawing from among the remaining eligible entries.
- Limitations: Promotion Parties are not responsible for: (i) electronic or digital transmissions or entries that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed, or misdirected, or not received by Sponsor or Promotion Administrator for any reason; (ii) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation of transmission, communication failures (including but not limited to failures or malfunctions of phone lines, telephone systems or other communications systems), destruction of or unauthorized access to, or alteration of, entries, or for printing, distribution or production errors; (iii) failed or unavailable hardware, network, software or telephone transmissions; (iv) damage to entrants' or any person's computer; (v) causes beyond Promotion Parties’ reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Promotion; (vi) any entries submitted in a manner that is not expressly allowed under these Official Rules (all such entries will be disqualified); (vii) incorrect or inaccurate entry information whether caused by entrants or by any of the equipment or programming associated with or utilized in the Promotion; (viii) any typographical or other error in the printing or advertising related to the Promotion, in the administration or execution of the Promotion, or in the announcement/notification of prize winners; (ix) by any human, or other error, which may occur in this Promotion or (x) cheating or fraud by any participant. All incomplete or non-conforming entries will be disqualified.
- Modification, Suspension and Termination: If for any reason this Promotion cannot be executed as planned, including but not limited to infection by virus, bugs, tampering, unauthorized intervention, fraud, technical failures, social media mandate, or any other causes beyond the control of Sponsor or Promotion Administrator that corrupt or affect the security, administration, integrity, fairness or proper conduct of this Promotion, or if this Promotion is compromised or becomes corrupted in any way, electronically or otherwise, Promotion Administrator reserves the right, in its sole discretion, to void suspect entries/entrants and/or modify, suspend and/or terminate this Promotion. If the Promotion is terminated before the stated end date of the Promotion Period, the Promotion Administrator may select the winners in a random drawing from among all eligible, non-suspect entries received as of the time/date of termination.
- Disqualification: Promotion Administrator reserves the right, in its sole discretion, to disqualify any individual who tampers with or attempts to tamper with the entry process, who acts in a disruptive or unfair manner, or who attempts to enter using any automatic or programmed entry method, or any entry service. CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY CORRUPT OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR AND/OR PROMOTION ADMINISTRATOR RESERVE THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
- Releases: By participating in this Promotion, entrants (and their parents/legal guardians if entrants are minors) agree (and agree to confirm in writing): (a) all causes of action arising out of or connected with this Promotion, or any prize awarded, shall be resolved individually, without resort to any form of class action; (b) to release, defend, indemnify and hold harmless Promotion Parties, from and against any liability, loss, claim or cause of action, including, but not limited to, injury, death or damages arising out of participation in this Promotion or the acceptance, possession, use or misuse of any prize received in this Promotion; and (c) to waive all rights to claim punitive, indirect, incidental and consequential damages, attorneys’ fees, court costs, or any damages other than actual out-of-pocket costs incurred to enter, 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 APPLICABLE PORTIONS OF THE ABOVE MAY NOT APPLY TO YOU.
- Publicity: Except where prohibited, participation in the Promotion constitutes each entrant’s (and his/her parent’s/legal guardian’s if entrant is a minor) permission for the Sponsor and its agencies to use entrants' names, photos, voices and/or likenesses for purposes of advertising and publicity in all media now known or hereinafter invented without territorial or time limitations and without compensation or notice.
- Choice of Law and Jurisdiction: 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 Promotion, 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, entrants (and each entrant's parent or legal guardian if entrant is a minor) irrevocably consent to the exclusive jurisdiction of the federal and state courts located within the county of Santa Clara, California for any action, suit or proceeding arising out of or relating to this Promotion. These Official Rules are protected by U.S. and International copyright laws. Reproduction and distribution of the Official Rules without written permission from the Promotion Administrator is prohibited. Copr. 2018 Promotion Administrator.
- Severability & Conflicts: The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Promotion-related materials or made by any representative of Sponsor or Promotion Administrator, and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control.
- Sponsor: Diesel Power Gear, LLC, Woods Cross, UT 84087. Mail-in entries are not accepted at this address.
- Promotion Administrator: The Promotion is administered and judged by SweepstakesPros, P.O. Box 18404, San Jose, CA 95158. Mail-in entries are not accepted at this address. All comments, questions and complaints regarding this Promotion must be directed to the Promotion Administrator only.
All trademarks used herein are the property of their respective owners. Manufacturers of the prize offered in this Promotion do not sponsor or endorse this Promotion and are not affiliated with the Sponsor or Promotion Administrator in any way.