PEAK® STOCK CAR DREAM CHALLENGE SWEEPSTAKES OFFICIAL RULES
The Peak® Stock Car Dream Challenge Sweepstakes (the "Sweepstakes") is intended for viewing and participation within the 50 United States and Washington, D.C. (the "United States") only and shall be construed and evaluated according to the applicable laws and regulations of the United States, along with these Official Rules (the "Official Rules"). Please do not enter if you are not a legal resident of the United States at the time of entry (see specific eligibility requirements below).
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER THE SWEEPSTAKES OR TO WIN ANY OF THE PRIZES TO BE AWARDED THEREUNDER. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED.
1. SWEEPSTAKES PERIOD. The Sweepstakes Period will begin on February 20, 2013 at 12:00 am Central Time and will end on May 31, 2013 at 11:59 pm Central Time (the "Sweepstakes Period").
2. ELIGIBILITY. (a) Persons Eligible. To enter the Sweepstakes and to be eligible to win, an entrant ("Entrant") must: (i) be a legal resident of one of the 50 United States or Washington, D.C.; (ii) be at least 18 years of age on or before the beginning of the Sweepstakes Period; and (iii) comply with the terms and conditions of these Official Rules. (b) Persons Ineligible. Throughout the Sweepstakes Period, in addition to those persons who do not meet the eligibility requirements stated above, persons in any of the following categories are NOT eligible to enter the Sweepstakes or win a Prize (defined below): (a) any person who is a shareholder, member, director, manager, officer, employee, agent, representative or contractor of Old World Industries, LLC (the "Sponsor") or its subsidiaries or affiliates; (b) any person engaged in the administration, development, execution, management or production of the Sweepstakes for and on behalf of the Sponsor; (c) immediate family members (defined as a biological or step mother, father, sister, brother, daughter, son or dependent or spouse of any of the foregoing) of any person in any of the preceding categories, regardless of where they live; and (d) persons who reside in the same household (defined as persons living in the same household for at least 3 of the 12 months preceding the start of the Sweepstakes Period, whether related or not) with any person in any of the preceding categories.
3. HOW TO ENTER: (a) To enter the Sweepstakes, visit peakstockcardream.com (the "Sweepstakes Site") during the Sweepstakes Period and complete the Sweepstakes entry form (the "Sweepstakes Entry Form") online including your name, residence, email address, date of birth and telephone number (individually an "Entry" and collectively "Entries"). (b) Limit one Entry per individual per day. Multiple submissions per person will automatically be disqualified. All Entries must be received during the Sweepstakes Period. Sponsor is not responsible for undelivered, illegible or incomplete Entries. (c) All Entrants to the Sweepstakes will also receive an invitation via email to participate in the The Peak® Stock Car Dream Challenge Contest (the "Contest") which will run concurrently with the Sweepstakes.
4. PRIZES: A total of 33 prizes ("Prize(s)") will be awarded to 33 prize winners ("Prize Winner(s)") at the conclusion of the Sweepstakes Period in four (4) categories as follows: (a) One (1) Grand Prize (the "Grand Prize") will be awarded to one (1) Grand Prize Winner (the "Grand Prize Winner") in the form of a 2013 Toyota® Tundra pick-up truck (with an approximate retail value ("ARV") of $35,000). (b) Two (2) First Place Prizes ("First Place Prize(s)") will be awarded to two First Place Winners ("First Place Winner(s)") each in the form of a Michael Waltrip VIP Racing Experience Package for Two to a Stock Car Race in July 2013 (each with an ARV of $1,800. Each First Place Prize will consist of: event tickets; pit access (subject to Prize Winner's compliance with all applicable sanctioning body and track rules and regulations); meet & greet access; round trip coach airfare; airport transfers; hotel accommodations for two nights; and meals for two persons. (c) Ten (10) Second Place Prizes ("Second Place Prize(s)") will be awarded to 10 Second Place Winners ("Second Place Winners") each in the form a Richard Petty Driving Experience gift card (each with an ARV of $490.00). (d) Twenty (20) Third Place Prizes ("Third Place Prize(s)") will be awarded to 20 Third Place Winners ("Third Place Winners") each in the form of a PEAK® Performance product prize kit (each with an ARV of $250.00). Each Third Place Prize will consist of various PEAK®-branded products and other items.
5. PRIZE DRAWINGS: (a) After the conclusion of the Sweepstakes Period, on or before June 3, 2013, Sponsor's representatives (the "Sweepstakes Judges"), will conduct four (4) random drawings to select the Prize Winners (subject to verification as provided below) for the Grand Prize, the two (2) First Place Prizes, the 10 Second Place Prizes and the 20 Third Place Prizes, respectively. The odds of winning will depend on the total number of eligible Entries received during the Sweepstakes Period. The random drawings will be held at Northbrook, Illinois. (b) The Sweepstakes Judges will first draw from among all eligible Entrants and choose one Grand Prize Winner for the Grand Prize from among all eligible Entrants. A second drawing will then be held from all remaining eligible Entrants to choose two (2) First Place Prize Winners for the two (2) First Place Prizes. A third drawing will then be held from all remaining eligible Entrants to choose 10 Second Place Prize Winners for the 10 Second Place Prizes. And finally, a fourth drawing will be held from all remaining eligible Entrants to choose 20 Third Place Prize Winners for the 20 Third Place Prizes. Each respective Prize Winner will be eligible to win the respective Prizes corresponding to each drawing, subject to verification of eligibility under these Official Rules. In no event will Sponsor be obligated to award more than the total number of Prizes set forth above.
6. PRIZE WINNER DETERMINATIONS AND CLAIMING PRIZES: (a) Each Prize Winner will be contacted by phone, mail or email with instructions on how to claim his/her Prize. In the event that: (i) a Prize Winner is found to be ineligible; (ii) a Prize Winner declines to accept a Prize; (iii) a Prize Winner cannot be contacted or found within a reasonable period; or (iv) a Prize confirmation or Prize is returned undeliverable, the Prize will be forfeited and, in the Sponsor's sole discretion, said Prize may be awarded to an alternate Prize Winner chosen in a random drawing from among all remaining eligible Entrants. Each Prize Winner will be required to furnish proof of eligibility. In addition, before being verified as an official winner, each Prize Winner will be required to execute and return an Affidavit/Declaration of Eligibility/Liability & Publicity Release and a W9 form within 10 business days from the time it is postmarked as having been sent by the Sponsor or its representative, or the Prize will be forfeited. (b) Sponsor will have up to 6 weeks to verify and deliver a Prize after verification. Sponsor shall not be held responsible for any delays in awarding Prizes for any reason outside of its control. Prizes will only be delivered to verified Winners. (c) By accepting a Prize, the Prize Winner consents to the use of his/her name, addresses, voice, likeness and statements relating to the Sweepstakes or Sponsor (including photographs and videos of the Prize Winner) without further compensation, notification or permission in any publicity or advertising carried out by Sponsor or any of its representatives in any and all media now known or hereinafter developed without territorial or time limitation, except where prohibited by law. (d) As to each Prize, each corresponding Prize Winner is solely responsible for the following: (i) any federal, state and/or local taxes, including income and withholding taxes, associated with receipt of the applicable Prize; (ii) any additional costs and expenses associated with Prize Winner's receipt of his/her Prize, other than what is stated herein, including, but not limited to, gratuities and other personal expenses incurred in the acceptance or use of a Prize; and (iii) responsibility for adhering to any expiration dates in relation to receipt of his/her Prize. The Prize is non-transferable and no Prize substitutions shall be made, except by Sponsor, who reserves the right to substitute another Prize or Prize component of comparable or greater value. Where applicable, Sponsor will issue a Form 1099 and/or other income tax forms to the winner, where required by law.
7. CONDITIONS OF ENTRY: (a) By entering, Entrants: (i) acknowledge compliance with these Official Rules including all eligibility requirements and including your agreement that clicking your consent on and to the Entry is a binding form of your electronic signature which binds you to these Official Rules; and (ii) agree to be bound by the decisions of the Sponsor and/or the Sweepstakes Judges, made in their sole discretion, which shall be final and binding in all matters relating to this Sweepstakes. Entrants who have not complied with these Official Rules are subject to disqualification. (b) Sponsor is not responsible for late, lost, damaged, stolen, misdirected, mutilated, garbled, illegible or incomplete Entries. Proof of transmission (screenshots, etc.) does not constitute proof of delivery. All Entries become the property of Sponsor and in no case shall be returned to sender. (c) The Sponsor reserves the right to disqualify any Entry in the Sweepstakes or entitlement to a Prize, if, in the sole discretion of the Sponsor, it determines or suspects that the Entrant has attempted to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other fraudulent, deceptive or unfair playing practices (including any Entries generated by script, macro, robotic, programmed, or any other automated means). (d) If a dispute arises regarding who submitted an Entry, the Entry will be deemed to be submitted by the authorized account holder of the email address provided at time of Entry. Authorized account holder is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address.
8. INDEMNITY: As a condition of entering, Entrants agree: (a) to indemnify, defend, release and hold harmless Sponsor, its promotional agents, representatives and contractors administering the Sweepstakes, as well as Richard Petty Driving Experience, Inc., Michael Waltrip Racing Holdings, LLC and MWR Racing, LLC, including, individually and collectively, any and all of their shareholders, members, directors, managers, officers, employees, agents, representatives or contractors, from any and all liability, loss or damage incurred with respect to Entrants participation in the Sweepstakes, Prizes awarded or the awarding, receipt, possession, and/or use or misuse of any Prize or any travel or other activities related thereto; (b) that under no circumstances will Entrant be permitted to obtain awards or judgments for, and Entrant hereby waives all rights to claim any, consequential, incidental, indirect, punitive or special damages arising out of or in connection with this Sweepstakes, regardless of how caused or regardless of the theory of liability or recovery; (c) that all causes of action arising out of or connected with this Sweepstakes, or any Prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred or $500, whichever is less.
9. SWEEPSTAKES OPERATION: (a) Sponsor reserves the right in its sole discretion to cancel, modify or suspend this Sweepstakes at any time, if fraud, technical failures, including any network server or hardware failure, viruses, bugs, errors in programming, or any other errors or other causes corrupt the administration, security, integrity or proper play of the Sweepstakes. (b) Sponsor does not warrant that access to the Sweepstakes will be uninterrupted and Sponsor will not be responsible for any problems that may arise, including but not limited to: (i) lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connection, availability or accessibility problems arising in connection with or over the course of the Sweepstakes; (ii) failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions or hardware or software malfunctions, failures or difficulties; (iii) failure of personal computers and/or software and hardware configurations, any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical or other errors in the offering or announcement of any Prize or in any Prize notification documents; (iv) any other errors of any kind relating to or in connection with the Sweepstakes, whether human, mechanical, clerical, electronic, or technical in nature; (v) the incorrect or inaccurate capture of information, or the failure to capture any information in connection with the Sweepstakes; or (vi) damage to a user's system occasioned by participation in this Sweepstakes or downloading any information necessary to participate in this Sweepstakes.
10. DISCLOSURES: (a) Any attempt by an Entrant or other individual, to deliberately damage any website or undermine the legitimate operation of this Sweepstakes, including but not limited to any fraudulent claims, may be a violation of both civil and criminal laws. Should such an attempt be made, Sponsor reserves the right to seek remedies and damages from any such individual, to the fullest extent permitted by law, including criminal prosecution. Entrant engaging in any of the foregoing activities will be disqualified and will forfeit any Prize(s) won. (b) In the event of any conflict with any Sweepstakes details contained in these Official Rules and Sweepstakes details contained in any other Sweepstakes materials (including but not limited to point of sale, television, and print advertising, promotional packaging, and other promotion media), the details of the Sweepstakes as set forth in these Official Rules will prevail. (c) All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Entrant and Sponsor in connection with the Sweepstakes, will be governed by, and construed in accordance with, the substantive laws of the State of Illinois without regard to Illinois' conflicts of law principles. All Entrants consent to the jurisdiction and venue of the federal or state courts of the U.S. located in Cook County, Illinois. (d) 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 particular, Sponsor's employees, agents, representatives or contractors are not authorized to waive, modify or amend any provision or provisions of these Official Rules in any manner whatsoever.
11. SPONSOR: The Sponsor of this Sweepstakes is Old World Industries, LLC, 4065 Commercial Avenue, Northbrook, Illinois 60062.
12. WINNERS LIST: For a list of the Sweepstakes Prize Winners, send a self-addressed postage stamped envelope to: "The Peak® Stock Car Dream Challenge Sweepstakes Winners List Request," c/o Old World Industries, LLC, 4065 Commercial Avenue, Northbrook, Illinois 60062 no later than August 3, 2013. Winners list will be sent after all Prizes have been awarded.
Toyota and Tundra are registered trademarks of Toyota Motor Corporation. References to the Richard Petty Driving Experience and Michael Waltrip Racing are used with the permission of their respective owners.