Official Rules: Duramax 2.0 Giveaway
NO PURCHASE NECESSARY TO ENTER OR WIN.
A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
- Eligibility: The Duramax 2.0 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 have reached the legal age of majority in their state/province/territory of residence and are located in the Territory at the time of entry. Any entrant who has ever been convicted of a felony will not be eligible. Employees, officers and directors of Diesel Power Gear LLC (“Sponsor”), SweepstakesPros (“Promotion Administrator”), Magilla Entertainment LLC (“Producer”) and Discovery Communications, LLC (“Network”) (collectively, “Promotion Parties”) and their respective parent companies, subsidiaries and affiliated companies, retailers, representatives, agents, dealers, distributors, licensees and the advertising, fulfillment, judging and promotion agencies involved in the development and administration of this Promotion, and each of their immediate family members (defined as including spouse, biological, adoptive and step-parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) and members of their same households of each (whether related or not) are not eligible to participate. The Promotion is subject to all applicable federal, state, provincial and local laws and is void in Quebec, outside the Territory, and where prohibited by law. By participating in this Promotion, entrants 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.”
- Promotion Period: The Promotion begins during the one (1) hour episode of the Network program “Diesel Brothers” Eastern airing at 10:00PM Eastern Time ("ET") on April 15, 2019 and ends at 11:59 p.m. ET on May 10, 2019 (the "Promotion Period").
How to Enter:
- Online Entry: During the Promotion Period, go to the following websites: DieselPowerGear.com, www.4x4anything.com, www.legiontires.com and www.heavydsparks.com (“Websites”) and purchase one or more products from any of the Websites (“Purchase Entry”). Entrants must complete all required information. RECEIVE ONE ENTRY FOR EVERY $5 SPENT (not including tax and 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. 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.
- Free Mail-in Entry: To obtain an entry without making a purchase, legibly handprint your name, street address, city, state or province/territory, ZIP or postal code, telephone number, complete e-mail address on a standard 4” x 6” postcard (with no outer envelope) and mail to: Diesel Power Gear US Duramax 2.0 Giveaway, P.O. Box 2670, Salt Lake City, UT 84110 (“Mail-In Entries”). Mail-in Entries must be postmarked by May 10, 2019 and received by May 16, 2019. All mail-in entries must be legibly hand written (including addressing), mailed separately with no outer envelope and have sufficient postage. RECEIVE THIRTY FIVE (35) ENTRIES PER MAIL-IN ENTRY.
- Contestants and Finalists Drawing: On or about May 16, 2019, in San Jose, California, the Promotion Administrator will conduct a random drawing to select ten (10) semi-finalists (“Contestants”) from among all eligible Purchase Entries and Mail-in Entries received during the entire Promotion Period. On May 23, 2019 two (2) finalists (“Finalists”) will be selected by a random drawing from among the ten (10) Contestants to participate in the selection of a Grand Prize winner occurring on a live show filmed by Producer and broadcasted by Network on May 27, 2019 (the “Live Show”).
Grand Prize Determination: On May 27, 2019, the two (2) Finalists will participate in a contest to determine the Grand Prize winner live on the Diesel Brothers Show (“Grand Prize Contest”). The process for the Contest is described below and the locations of the Grand Prize Winner Contest activities shall be determined solely by the Sponsor. Further, the final date and location of the Grand Prize Contest are subject to change at Sponsor's discretion.
- Prior to the Live Show two (2) drivers will race their trucks against each other for a recorded segment to be played during the Live Show. Third Party Compliance representatives will verify the results, but the winner of this race will otherwise remain undisclosed until the segment is shown.
- During the Live Show, the Finalists will participate in a coin toss with each Finalist selecting a side – eg: Finalist “A” is heads, Finalist “B” is tails. If one of the Finalists is unable to attend the live taping after traveling to Salt Lake City as described in section 6 below, Sponsor or Producer may in their sole discretion designate a proxy from the cast to stand in for that Finalist.
- The Finalist that wins the toss will get to choose the driver they think will win the race. The remaining Finalist will be assigned the other driver.
- The pre-recorded race will be played back for the Finalist, and the winning truck will be revealed.
- The Finalist whose driver wins the race will be declared the winner of the Grand Prize (as defined below).
Prize, Approximate Retail Value (“ARV”) & Odds of Winning:
- Ten (10) Semi-Finalist Prizes: $50 awarded by check.
- Two (2) Finalist Prizes: Each prize consists of a trip to Salt Lake City, Utah to participate in a live show event and a chance to win the Grand Prize and meet the Diesel Power Crew. Includes round trip coach air transportation from the major airport nearest winner’s residence (as determined by Producer) to Salt Lake City, UT, and hotel accommodations (one single occupancy room) for three (3) days and two (2) nights from May 26-28, 2019 (ARV: $2,000 each depending on departure locations).
- One Grand Prize: A (Used) 2018 Chevy Silverado Truck (ARV: $75,000) (the “Vehicle”) and a one-way trip for the winner to Salt Lake City, Utah to pick up the prize or before July 30, 2019. Trip 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 for Grand Prize is $76,000. In lieu of the Vehicle, Grand Prize Winner may elect to substitute the Grand Prize with a cash alternative of $35,000 awarded in the form of a check. In such event, the ARV of Grand Prize is $35,000.
Total ARV of All Prizes is $80,500. ALL PRIZES, INCLUDING GRAND PRIZE VEHICLE, ARE AWARDED “AS IS” WITH NO REPRESENTATION, WARRANTY OR GUARANTEE FROM SPONSOR, EITHER EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING BUT NOT LIMITED TO THE PRIZE’S QUALITY, MECHANICAL CONDITION OR FITNESS FOR A PARTICULAR PURPOSE. Prizes are non-transferable and cannot be redeemed for cash or credit, in whole or in part, except as provided herein.
All Finalists’ travel arrangements/accommodations at Producer’s sole discretion. If, in the sole judgment of the Producer, air travel is not required due to a winner’s proximity to prize location, air travel will not be provided and winner will not be awarded value in lieu thereof. All travel arrangements, including, without limitation, the acquisition of airline tickets and the booking of accommodations, shall be made through Producer’s physical production or travel departments, as applicable. Travel and accommodations are subject to availability and certain restrictions. All other travel expenses not specifically listed, including but not limited to, transportation between each Finalist’s home and major closest airport (as determined by Producer ), ground transportation, meals, incidentals, gratuities, airline fees, fuel, surcharges (including NAV surcharges), airport fees, service charges or facility charges, necessary travel authorizations, personal charges at lodging, security fees, taxes or other expenses, are each Finalist’s responsibility and must be paid by each Finalist with a credit card at the time of booking, where applicable. Promotion Parties are not liable for delays, cancellation or unforeseen events related to the flights. Promotion Parties will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates.
No value has been attributed to the Diesel Power Crew personal appearance portion of prize or the filming of and participation in the Live Show. Actual value of trip portion of Finalist Prize will depend on airfare fluctuations and point of departure. Any difference between stated value and actual value will not be awarded.
The Finalists are responsible for procuring adequate documentation for travel, if required, or personal travel insurance prior to departure, if desired. Any expenses not specified are the sole responsibility of the prize winners. If the Grand 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(s), are the sole responsibility of the Semi-Finalists, Finalists and Grand Prize winner, as applicable. Sponsor will determine all features of the Vehicle including, but not limited to, color of exterior and interior. The winner of the Vehicle must be a licensed driver and will be required to provide proof of insurance at time of delivery and is solely responsible for license, registration, auto insurance, transportation, import and export taxes, and other fees associated with the Vehicle. The winner of Vehicle must pick up Vehicle from a location in Utah, USA, designated by Sponsor. Arrangements for delivery or pickup of the Vehicle will be made after winner validation. Grand Prize Winner must complete the trip to pick up the Vehicle by July 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.
Odds of winning a Semi-Finalist Prize from this Promotion depends on the number of eligible entries received. Odds of winning a Finalist Prize are 1:10. Odds of winning the Grand Prize are 1:2. Semi-Finalist and Finalist 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. 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 will be contacted by telephone, email, regular mail or overnight mail, and may be required to complete, sign and return an affidavit of eligibility, background check submission form, 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 due to time constraints 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 or 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) 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.
- Background Checks: Each Contestant will be required to submit to, and cooperate in, a background check to confirm eligibility and to help ensure that the use of any such person in this Promotion will not reflect unfavorably on the Promotion Parties (“Unfavorable Contestants”), as determined in their sole discretion. Contestants convicted of felonies or any crime of moral turpitude or determined by Promotion Parties to be Unfavorable Contestants 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 Semi-Finalists in a random drawing from among all eligible, non-suspect entries received as of the time/date of termination. Thereafter, the selection of the Finalists and Grand Prize winner will function as described in these Official Rules.
- 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 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 in Promotion-related activities and travel, including but not limited to participation in the Grand Prize Event (if applicable), 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 permission for the Sponsor and its agencies to use entrants' names, photos, voices and/or likenesses for purposes of advertising, marketing, publicity, and broadcast purposes 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 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.
- Confidentiality: The terms of this Promotion are confidential and neither any Contestant nor his/her representatives shall issue any publicity releases or make any statements or announcements to the press regarding Participant’s engagement without the express prior permission of the Promotion Parties. Furthermore: (i) no Contestant may use or otherwise reference involvement with Promotion Parties, or the Live Show in any manner or media whatsoever without the prior written approval of the Promotion Parties, PROVIDED Contestant may make incidental mention in the media or in his/her biography, resume or portfolio that Contestant appeared in the Live Show on the Network; and (ii) no Contestant nor anyone acting on behalf of Contestant shall at any time use any of Sponsor’s, Producer’s or Network’s or Network programming services’ names, logos, trade names or trademarks (including, but not limited to, the title of the Live Show or any logos or marks related thereto), or those of any of Sponsor’s, Producer’s or Network related entities, or any word(s), catch phrases, slogans, verbal expressions or terms that have become associated with the Live Show or any participant therein, for any purpose or in any manner whatsoever, without the prior written approval of the Promotion Parties. Contestants acknowledge and understand that they shall not make any derogatory comments or statements of any kind in any media regarding any of the following: Sponsor (including but not limited to his employees and/or agents), Producer (including but not limited to his employees and/or agents), or Network (including but not limited to their employees, agents, its programming services and/or any of its programming), and/or the Live Show (including but not limited to any of Contestant’s fellow Contestants and/or the production thereof.). Contestants acknowledge and agree that they shall never make use of any “Social Media” (e.g., Facebook, Twitter, Flickr, YouTube, LinkedIn or similar Internet source), in connection with the Live Show whatsoever (including, but not limited to, mentioning Sponsor, Producer, or Network, any of its programming services, and/or any of their executives and/or agents) without their prior written approval, except to make incidental mention that Contestant appeared in the Live Show on Network.
- Miscellaneous Rules and Prohibitions:
- In the event that the filming of the Live Show is cancelled for any reason (whether prior to or after it has commenced), including but not limited to, weather, health or safety issues and/or or technical difficulties, Producer and/or Network may, at its sole and absolute discretion, continue at a later time, cancel the filming in its entirety or begin a new Grand Prize Contest (which may or may not be filmed and broadcast) with all eligible Contestants from the cancelled filming.
- The rules of any individual challenges, and all safety requirements, related to the Promotion that may be announced or otherwise provided by the Promotion Parties are subject to change at any time and for any reason (including, by way of example and not limitation, due to production needs, creative determinations, and/or time constraints), with or without notice, at their sole and absolute discretion, and such changes shall not be subject to challenge or appeal.
- Producer and/or Network shall have the right to approve the wardrobe items worn by each Contestant during filming of the Live Show. In no event may any logos, brand names, trademarks or copyrighted material, obscene or indecent material, or any other material that Producer and/or Network determines to be objectionable in its sole discretion, appear on any such wardrobe items.
- Promotion Parties may at any time disqualify a Contestant if they determine that such Contestant is not physically, mentally or emotionally fit to continue, or for any other reason, in their sole discretion. Promotion Parties decision is final and binding and not subject to challenge or appeal.
- Contestant’s may not use inappropriate language or engage in sexually explicit or otherwise inappropriate gestures or movements during the filming of the Live Show or while at any location in connection with the Contestant’s participation in the Live Show. The Promotion Parties reserve the right to eliminate Contestant from the Promotion if they believe, in their sole discretion that a Contestant is not complying with the foregoing or any other rules, standards and practices that may be adopted by Producer and/or Network in their sole discretion.
- Contestants are not allowed to mention or “plug” (either visually or verbally) any commercial product, service, venture or thing while on the Live Show. Further, Contestants will agree to comply with the relevant section(s) of Federal Communications Act, which makes it a criminal offense for any Contestant to pay or agree to pay any money, service or other valuable consideration for the inclusion of any matter in the Live Show, or to accept or agree to accept any money, service or other valuable consideration for the inclusion of any matter in the Live Show.
- Contestants must sign a release/appearance agreement, waiver, assumption of risk agreement in a form provided by Producer prior to the filming of the Live Show.
- Winners’ List: To view the winners’ list for this Promotion, please visit http://certified.promotrust.com/dieselpowergear/USDuramax20Giveaway/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.
BY ENTERING IN THIS PROMOTION, ENTRANTS RELEASE AND HOLD EACH OF THE PROMOTION PARTIES AND THEIR parents, affiliates, subsidiaries, licensees, and assigns HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE PROMOTION, THE GRAND PRIZE OR PARTICIPATION IN ANY PROMOTION-RELATED ACTIVITY OR RESULTING DIRECTLY OR INDIRECTLY FROM ACCEPTANCE, POSSESSION, USE, OR MISUSE OF THE VEHICLE OR ANY PRIZE AWARDED IN CONNECTION WITH THE PROMOTION, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY. PROMOTION PARTIES DO NOT NOW AND SHALL NOT HAVE IN THE FUTURE ANY DUTY OR LIABILITY, DIRECT OR INDIRECT, VICARIOUS, CONTRIBUTORY, OR OTHERWISE, WITH RESPECT TO THE INFRINGEMENT OR PROTECTION OF AN ENTRANT’S INTELLECTUAL PROPERTY RIGHTS, IF ANY, AND/OR OTHER MATERIALS PROVIDED IN CONNECTION WITH THE PROMOTION. BY ENTERING THE PROMOTION, ENTRANTS RELEASE, WAIVE ANY CLAIMS WITH REGARD TO, AND HOLD HARMLESS THE PROMOTION PARTIES FROM AND AGAINST ANY AND ALL CLAIMS OF ANY KIND THAT ARE OR COULD BE ASSERTED WITH RESPECT TO ANY MATTER RELATING TO THE PROMOTION. ENTRANTS FURTHER AGREE TO INDEMNIFY, DEFEND AND HOLD THE PROMOTION PARTIES HARMLESS FROM ANY AND ALL DAMAGES, LIABILITIES, FEES AND COST INCURRED IN DEFENDING AGAINST ANY THIRD PARTY CLAIMS OR THREATS OF CLAIMS ASSERTED AGAINST PROMOTION PARTIES ARISING FROM ANY ENTRANTS PARTICIPATION IN OR CONDUCT ASSOCIATED WITH THE PROMOTION.
BY ENTERING THIS PROMOTION, EACH ENTRANT ACKNOWLEDGES THAT (S)HE HAS READ, FULLY UNDERSTANDS, AND AGREES TO ABIDE BY THESE OFFICIAL RULES. BY AGREEING TO COMPETE IN THE PROMOTION, EACH ENTRANT ACCEPTS AND AGREES THAT ALL DECISIONS MADE BY THE PROMOTION PARTIES REGARDING THE LIVE SHOW AND THE OFFICIAL RULES SHALL BE FINAL AND BINDING, AND ARE NOT SUBJECT TO CHALLENGE OR APPEAL.