Power Driven Diesel Truck 2020 Sweepstakes: Vin “D”, Official Rules
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR ODDS OF WINNING.
Eligibility: This sweepstakes is open to legal residents of the fifty United States (excluding New York, Florida and Vermont), who are twenty one (21) years of age or older. Current and former employees of Sponsor and their family members are prohibited from entering. Entrants are subject to all applicable federal, state and local laws and regulations. Void where prohibited by law.
Sponsor: The sweepstakes is sponsored by Power Driven Diesel, LLC, 660 N 800 W, Cedar City, Utah 84721 (“Sponsor”).
Agreement to Official Rules: By participating in this sweepstakes (the “Sweepstakes”), entrants agree to abide by the terms and conditions thereof as established by Sponsor. Sponsor reserves the right to qualify all entries and to reject any entries that do not meet the requirements for participation as established by Sponsor.
Sweepstakes Period: The Sweepstakes begins on September 1 2020 at 12:00 AM MT and ends on January 4, 2021 at 12:00 AM MT (the “Sweepstakes Period”). Entries received before or after the Sweepstakes Period are void. Sponsor’s computer is the official time-keeping device for the Sweepstakes.
How to Enter: During the Sweepstakes Period, you can enter by purchasing products from Sponsor’s online store at https://powerdrivendiesel.com/shop/ and checking the box on the payment page to confirm you entry. For each dollar spent during the Sweepstakes Period, you will receive one (1) Entry. Alternatively, you may enter by sending Sponsor a handwritten postcard with your name, mailing address, phone number and email address. Each eligible postcard will qualify for thirty five (35) Entries. Postcard Entries must be received during the Sweepstakes Period to qualify.
Sponsor also assumes no responsibility for postal delays, computer system, hardware, software or program malfunctions or other errors, failures, delayed computer transactions or network connections that are human or technical in nature, or for damaged, lost, late, illegible or misdirected Entries; technical, hardware, software, electronic or telephone failures of any kind; lost or unavailable network connections; fraudulent, incomplete, garbled or delayed computer transmissions whether caused by Sponsor, the users, or by any of the equipment or programming associated with or utilized in this Sweepstakes; or by any technical or human error that may occur in the submission or processing of Entries or downloading that may limit, delay or prevent an entrant’s ability to participate in the Sweepstakes.
Sponsor reserves the right, in its sole discretion, to cancel or suspend this Sweepstakes and award the prizes from Entries received up to the time of termination or suspension should causes beyond Sponsor’s control, including unauthorized human intervention, which, in the sole opinion of Sponsor, corrupt, compromise or materially affect the administration, fairness, security or proper play of the Sweepstakes or proper submission of entries. Sponsor is not liable for any loss, injury or damage caused, whether directly or indirectly, in whole or in part, from downloading data or otherwise participating in this Sweepstakes.
Selection of the Grand Prize Winner: On or about January 15, 2021, one (1) winner will be selected at random from all eligible Entries received to win the Grand Prize (the “Grand Prize Winner”). The odds of winning are not calculable in advance and depend on the number of eligible Entries received.
Notification of the Grand Prize Winner: The Grand Prize Winner will be notified via phone or email on or about January 15, 2021. If the Grand Prize Winner does not acknowledge acceptance of his or her prize within ten (10) days after being notified that he or she is a the Grand Prize Winner, an alternate Grand Prize Winner may be chosen using the same procedure specified above. Sponsor reserves the right to not award the Grand Prize after four alternate Grand Prize Winners are selected and do not accept the Grand Prize or submit the requested documentation.
Requirements of Winners: Sponsor may require the Grand Prize Winner to sign and return an affidavit of eligibility and liability and publicity release, wherever lawful, as a precondition to award of any prize. If the Grand Prize Winner fails to sign and return the requested documents to Sponsor, that the Grand Prize Winner may be disqualified, and the prize will thereafter be awarded to an alternate Grand Prize Winner from the remaining entrants using the procedure specified in these Official Rules.
Prize: The Grand Prize Winner will receive a used 1998 Dodge Ram 2500 truck with a new engine and transmission plus $5,000 in cash (the “Grand Prize”). The estimated retail value (“ERV”) of the Grand Prize is $20,000. The Grand Prize Winner must take possession of the truck from Sponsor at Sponsor’s location in Cedar City, Utah within sixty (60) day of being notified that he or she is the Grand Prize Winner or the Grand Prize will be forfeited. All other expenses not specified above, including, but not limited to, title, taxes, insurance, transportation are the sole responsibility of the Grand Prize Winner. The Grand Prize is provided as is without any warranty.
The Grand Prize Winner is responsible for any and all applicable local, state, and/or federal taxes and fees. Sponsor will issue a Form 1099 to the Grand Prize Winner. The Grand Prize may not be assigned, transferred, changed, exchanged, substituted or redeemed for cash.
No substitutions will be made except as provided herein, in the Sponsor’s sole discretion. Non-monetary prizes are not redeemable for cash. Sponsor reserves the right to substitute a particular prize for one of comparable or greater value. NON-MONETARY PRIZES ARE AWARDED AS IS AND WITHOUT CONDITION, WARRANTY, GUARANTEE OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE).
Release and Publicity: You are participating in the Sweepstakes voluntarily. You assume all such risks and all related damages and losses, whether caused in whole or in part by any act or omission of Sponsor or its affiliates, or any of their officers, directors, employees, agents, partners and licensors (“Sponsor Parties”), even where such acts or omissions are negligent. You voluntarily release, waive, discharge and hold harmless the Sponsor Parties from any and all claims, demands or causes of action for property damage, bodily injury, wrongful death, loss of services or other claims arising from or relating to your participation in the Sweepstakes and/or acceptance, possession and use of any prize.
YOU ACKNOWLEDGE AND AGREE THAT THE SPONSOR PARTIES SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS OR FINANCIAL LOSS, EVEN IF THE SPONSOR PARTIES HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE.
SPONSOR IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL OR OTHER ERROR IN THE PRINTING OF THE OFFER OR ADMINISTRATION OF THE SWEEPSTAKES OR IN THE ANNOUNCEMENT OF ANY PRIZES. BY RECEIPT OF ANY PRIZE AND BY SIGNING AN AFFIDAVIT OF ELIGIBILITY AND LIABILITY/PUBLICITY RELEASE, IF REQUESTED, EACH WINNER CONSENTS TO THE USE OF HIS OR HER NAME AND ADDRESS BY SPONSOR FOR ADVERTISING AND PROMOTIONAL PURPOSES, WITHOUT ANY ADDITIONAL COMPENSATION, EXCEPT WHERE PROHIBITED. NO ENTRIES WILL BE RETURNED. ALL ENTRIES BECOME THE PROPERTY OF SPONSOR.
Governing Law: These Official Rules shall be governed by and construed and enforced in accordance with the United States Federal Arbitration Act, other applicable federal laws and the laws of the State of Utah, without regard to conflict of laws principles.
DISPUTES: ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS AND CONDITIONS, YOUR PARTICIPATION IN THE SWEEPSTAKES, INCLUDING, BUT NOT LIMITED TO, THE VALIDITY, APPLICABILITY OR INTERPRETATION OF THESE TERMS AND CONDITIONS (“CLAIM”), SHALL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.
The arbitration will be conducted by the American Arbitration Association (AAA) under its then-applicable rules, including (as appropriate) its Consumer Arbitration Rules. The AAA’s rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that the hearing will be conducted in Salt Lake City, Utah or, if the Consumer Arbitration Rules apply, another location reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, as determined by the arbitrator. The decision of the arbitrator on all matters relating to a Claim shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.
WE EACH AGREE THAT ALL CLAIMS SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN A COURT OF COMPETENT JURISDICTION IN SALT LAKE CITY, UTAH. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH CLAIM.
Severability: If any provision of these Official Rules is held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the remaining parts of these Official Rules.
Sweepstakes Results and Official Rules: To obtain the identity of the Winners and/or a copy of these Official Rules, send an email to [email protected] -or- send a self-addressed stamped envelope to Power Driven Diesel, LLC, Attention: Customer Service, 660 N 800 W, Cedar City, Utah 84721.