OFFICIAL RULES: COLOSSUS GIVEAWAY
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. PURCHASE OR PAYMENT DOES NOT IMPROVE YOUR CHANCE OF WINNING.
- Eligibility: The Colossus Giveaway (the “Promotion”) is open only to legal residents of the 50 United States and the District of Columbia, Canada (excluding Quebec) and Mexico (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, representatives 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, provincial/territorial, local and municipal 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 these Official Rules and decisions of the independent Promotion Administrator, which shall be final in all matters relating to the Promotion. If an entrant is a minor, s/he must have the consent of a parent or legal guardian to participate in the Promotion. Sponsor or Promotion Administrator may require proof of consent at any time and in any manner they deem appropriate.
- Promotion Period: The Promotion begins at 12:00 a.m. United States’ Mountain Standard Time ("MST") on August 20, 2019 and ends at 11:59 p.m. MST on September 30, 2019 (the "Promotion Period").
How to Enter:
- Online Entry: During the Promotion Period, go to the following websites: DieselPowerGear.com, www.4x4anything.com, http://legiontires.com and www.heavydsparks.com (“Websites”) and purchase one or more products from any of the Websites during the Promotion Period (“Purchase Entry”). Entrants must complete all required information. RECEIVE ONE ENTRY FOR EVERY $5 SPENT (not including shipping).
- Diesel Club Points Entry: During the Promotion Period, visit the Websites and login to your account to view your accumulated Diesel Club Points (“Points”). Follow the instructions to redeem your Points for an entry in this Promotion (“Points Entry”). RECEIVE ONE (1) ENTRY FOR EVERY FIFTY (50) POINTS REDEEMED. Points Entries will be awarded during the Weekly Entry Period corresponding to the date the applicable Points are redeemed for a Points Entry in this Promotion. Accumulation, use and redemption of Points subject to the Diesel Club Terms and Conditions which can be found here: https://dieselpowergear.com/pages/diesel-club-terms-conditions.
- 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, country, telephone number, complete e-mail address on a standard 4” x 6” postcard (with no outer envelope) and mail to: The Colossus Giveaway, O. Box 2670, Salt Lake City, UT 84110 USA. Requests must be received by October 7, 2019. 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 THIRTY FIVE (35) ENTRIES PER MAIL-IN ENTRY REQUEST.
- Finalist Drawing: On or about October 14, 2019, in San Jose, California, the Promotion Administrator will conduct a random drawing for ten (10) finalists from among all eligible Purchase and Mail-in entries received during the entire Promotion Period.
- Grand Prize Drawing: On or about October 21, 2019, in a location in the United States to be determined by the Sponsor, the Sponsor will randomly select one (1) finalist to be the Grand Prize Winner. The process for random selection and the location of the Grand Prize Drawing shall be determined solely by the Sponsor. Further, the final date and location of the Grand Prize Drawing are subject to change at Sponsor's discretion.
- Prizes, Approximate Retail Value (“ARV”) & Odds of Winning:
One Grand Prize: One (used) 2003 Ford Excursion, color Black with a total ARV of $50,000 and a one-way trip for the winner to Salt Lake City, Utah to pick up the prize and meet the Diesel Power Crew. Includes one-way air transportation from the major airport nearest winner’s residence to Salt Lake City, UT, and hotel accommodations for one night (ARV: up to $1,000). Total ARV of Grand Prize: $51,000. Prior to awarding the Grand Prize, the winner may elect to substitute the Grand Prize with a cash alternative of $20,000 awarded in the form of a check. In such event, the ARV of Grand Prize is $20,000. No value has been attributed to the Diesel Power Crew personal appearance portion of prize. Actual value of trip portion of the Grand Prize will depend on airfare fluctuations and point of departure. Any difference between stated value and actual value will not be awarded.
Winner must complete the trip by December 30, 2019 or prize will be forfeited. Trip must be booked at least thirty (30) days prior to departure. Trip is subject to space availability and blackout dates. All travel arrangements/accommodations at Sponsor’s sole discretion. If, in the sole judgment of the Sponsor, air travel is not required due to winner’s proximity to prize location, air travel will not be provided. All travel expenses not specifically listed, including but not limited to, transportation between winner’s home and major closest airport (as determined by Sponsor), ground transportation, meals, incidentals, gratuities, airline fees, fuel, surcharges (including NAV surcharges), airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses, are winner’s responsibility and must be paid by winner with a credit card at the time of booking, where applicable. Sponsor is not liable for delays, cancellation or unforeseen events related to the flights. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates.
Winner is responsible for procuring adequate documentation for international travel, if required, or personal travel insurance prior to departure, if desired. Prize is non-transferable and cannot be redeemed for cash or credit, in whole or in part, for any destination. Any expenses not specified are the sole responsibility of the winner. No substitution, cash redemption or transfer of prize(s) 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, provincial and local taxes, and all other costs associated with acceptance or use of the prize(s), are the sole responsibility of the winner. Sponsor will determine all features of the vehicle including, but not limited to, color of exterior and interior. Winner of vehicle must be a licensed driver and will be required to provide proof of insurance at time of delivery. Winner of vehicle is responsible for license, registration, auto insurance, transportation, import and export taxes, and other fees associated with the prize(s). Winner of vehicle must pick up vehicle from a location in Utah, USA, designated by Sponsor. All prizes are awarded “as is” with no warranty or guarantee, either express or implied. Winner of vehicle agrees that Diesel Power Gear, and any of the Promotion 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 the vehicle, including but not limited to its quality, mechanical condition or fitness. Arrangements for delivery of prize(s) 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. Prizes 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.
- Entrant Verification: In the event of a dispute regarding the identity of the person submitting an entry, the entry will be declared made by the person in whose name entry was made. The Promotion Administrator reserves the right to require proof of identity and/or eligibility (in a form acceptable to the Promotion Administrator – including, without limitation, government issued photo identification) for any reason the Promotion Administrator deems necessary, in its sole discretion, for the purposes of administering this Promotion in accordance with these Official Rules. Failure to provide such proof to the complete satisfaction of the Promotion Administrator within the timeline specified by the Promotion Administrator may result in disqualification by the Promotion Administrator, in its sole discretion.
- Disqualification: Entries which are incomplete, incorrect, incomprehensible, not received, or do not otherwise comply with these Official Rules (as determined by the Promotion Administrator in its sole and absolute discretion) will be void and will not be entered into the Promotion's prize drawing. Entries made by facsimile, overnight courier, automated means, any entry service, or in any other manner not specifically allowed under these Official Rules will not be entered into the Promotion and may result in disqualification of the entries and the responsible entrant(s). Promotion Administrator reserves the right, in its sole and absolute discretion, to disqualify any individual who tampers with or attempts to tamper with the entry process or who acts in a disruptive or unfair manner.
- Notification & Validation of Winners: Potential winners (and/or his/her parent/legal guardian if winner is a minor) will each be contacted by telephone, email, regular mail or overnight mail, and may be required to complete, sign and return an affidavit or declaration 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 by the Promotion Administrator, in its sole and absolute discretion, may result in disqualification of the winner and forfeiture of the corresponding prize, and the choosing of an alternate winner. Canadian residents must correctly answer a time-limited, mathematical skill-testing question (without assistance of any kind, mechanical or otherwise) in order to be eligible to win a prize. The Promotion Administrator may, in its sole discretion, provide an alternate skill-testing question or vary the requirements to perform any skill-testing component of the Promotion to accommodate and include the participation of entrants with disabilities.
- Limitations: To the fullest extent permitted by applicable law, Promotion Parties are not responsible for: (i) electronic or digital transmissions, entries or mail that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed, misdirected, non-delivered, or not received by Sponsor or Promotion Administrator for any reason; (ii) mail that is received postage-due; (iii) 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, mail delivery service, telephone systems or other communications systems), destruction of or unauthorized access to, or alteration of, entries, or for printing, distribution or production errors; (iv) failed or unavailable hardware, network, software or telephone transmissions; (v) damage to entrants' or any person's computer; (vi) causes beyond Promotion Parties’ reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Promotion; (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.
- 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 applicable eligible, non-suspect entries received as of the time/date of termination.
- Releases: To the maximum extent permitted by law, by participating in this Promotion, entrants (and their parents/legal guardians if entrants are minors) agree (and agree to confirm in writing): (a) that 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 and their respective successors and assigns 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 or the use of any photo, video or entry; 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, photographs, videos, voices and/or any other 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, Jurisdiction and Notice: 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 these Official Rules without written permission from the Promotion Administrator is prohibited. Copr. 2019 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.
- Winners’ List: To view the winners’ list for this Promotion, please visit http://certified.promotrust.com/dieselpowergear/ColossusGiveaway/winners. The winners’ list will be available after winner validation has been completed.
- Third Party Rights: All trademarks used herein are the property of their respective owners. Manufacturers of the prizes offered in this Promotion do not sponsor or endorse this Promotion and are not affiliated with the Sponsor or Promotion Administrator in any way.
- 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.
Please note that personal data collection and its treatment, regarding individuals located in Mexico, must comply with the applicable Mexican law “FLPPD”.
In order to collect personal data, the FLPPD states that the data controller (the organizer of the promotion, regardless if it is Mexican or foreigner) has the obligation to inform the data owners (the participants) about what information is collected from them and for what purpose, through the privacy notice.
With regard to the privacy notice itself, the FLPPD states that it shall contain the following information:
- i) The identity and domicile of the data controller collecting the personal data;
- ii) Specify the personal data to be collected (avoiding any ambiguities);
iii) The purposes of the data collection/processing;
- iv) The options and means offered by the data controller to the data owners to limit the use or disclosure of data;
- v) The means for the personal data owners to exercise their rights of access, rectification, cancellation or objection (“ARCO rights”);
- vi) Where appropriate, the data transfers to be made by the data controller; and,
vii) The procedure and means by which the data controller will notify the data owners of changes to the privacy notice.
Not complying with this requirement may create a risk of fines upon the organizer of the promotion.