Official Rules: Nighttrain Express 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 Nighttrain Express 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”) and its 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 Sponsor, 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 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 November 6th, 2020 and ends at 11:59 p.m. MST on November 12th, 2020 (the "Promotion Period").
How to Enter:
- Purchase Entry: During the Promotion Period, go to DieselPowerGear.com (the “Website”) and purchase one or more products during the Promotion Period (a “Purchase Entry”). Entrants must complete all required information for each purchase. Receive one (1) entry for every $5 USD spent (not including shipping) subject to the limitation on entries noted below. Purchase transactions involving account adjustment transactions/returns, declined credit or debit transactions are not eligible for Purchase Entries.
- 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: Nighttrain Express Giveaway, P.O. Box 2670, Salt Lake City, UT 84110 USA to receive fifty (50) entries in the Promotion (a “Mail-in Entry”). Mail-in Entry requests must be postmarked on or before November 12th, 2020 and received by November 15th, 2020. All Mail-in Entries must be legibly handwritten (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.
- Grand Prize Drawing: On or about November 15th, 2020 in San Jose, California, the Sponsor will conduct a random drawing for 9 winners from among all eligible entries received during the entire Promotion Period.
Prizes, Approximate Retail Value (“ARV”) & Odds of Winning: One (1) First Prize: iPhone 12 with a total ARV of $1000; One (1) Second Prize: iPad with a total ARV of $300; One (1) Third Prize: Vizio TV with a total ARV of $500; One (1) Fourth Prize: Oculus with a total ARV of $299; One (1) Fifth Prize: Cabela Gift Card with a total ARV of $500; One (1) Sixth Prize: Klim Gear Package with a total ARV of $1000; One (1) Seventh Prize: Edge Monitor with a total ARV of $99; One (1) Eighth Prize: Ring with a total ARV of $99; and One (1) Ninth Prize: Amazon Alexa with a total ARV of $50. All prize amounts are listed in United States Dollars. No substitution, cash redemption or transfer of the 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, provincial and local taxes, and all other costs associated with acceptance or use of the prize, are the sole responsibility of the winner. Sponsor will determine all features of the prize including, but not limited to, color. If required by law, winner of prize must be a licensed driver. Winner of prize is responsible for license, registration, insurance, transportation, import and export taxes, and other fees associated with the prize. Prize is awarded “as is” with no warranty or guarantee, either express or implied. Winner of prize 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 prize, including but not limited to its quality, mechanical condition or fitness. 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 it is claimed properly in accordance with these Official Rules. At the Sponsor’s discretion, unclaimed prize 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 Sponsor reserves the right to require proof of identity and/or eligibility (in a form acceptable to the Sponsor – including, without limitation, government issued photo identification) for any reason the Sponsor 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 Sponsor within the timeline specified by the Sponsor may result in disqualification by the Sponsor, 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 Sponsor 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). Sponsor 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 Sponsor, 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 Sponsor 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 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 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, Sponsor 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 Sponsor 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 Utah, without giving effect to any choice of law or conflict of law rules (whether of the State of Utah or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Utah. 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 Woods Cross, Utah for any action, suit or proceeding arising out of or relating to this Promotion.
- 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, and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control.
- Third Party Rights: All trademarks used herein are the property of their respective owners. SweepstakesPros and the manufacturers of the prizes offered in this Promotion do not sponsor or endorse this Promotion and are not affiliated with the Sponsor for this Promotion.
- Sponsor: Diesel Power Gear, LLC, 1955 S 1800 W, Woods Cross, UT 84087. Mail-in entries are not accepted at this address.
- SweepstakesPros Notice: Copyright 2020 SweepstakesPros www.sweepstakespros.com. All rights reserved. These Official Rules are protected by U.S. and International copyright laws. Reproduction and distribution of these Official Rules without written permission from SweepstakesPros is prohibited. SweepstakesPros grants to Diesel Power Gear, LLC a limited and revocable license to reproduce, modify and display these Official Rules on only the following websites: www.DieselPowerGear.com, www.4x4anything.com, http://legiontires.com and heavydsparks.com.