PEAK® TRY AND TOP IT SWEEPSTAKES
The PEAK® TRY AND TOP IT SWEEPSTAKES (“Sweepstakes”) is intended for viewing and participation within the 50 United States and Washington, D.C. (collectively, the “United States”) only and will be construed and evaluated according to the applicable laws and regulations of the United States along with these Official Rules (“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 IS 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 October 1, 2019 at 12:01 am Central Time and will end on December 31, 2019 at 11:59 pm Central Time (“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 United States or the District of Columbia; (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 as stated above, persons in any of the following categories are NOT eligible to enter the Sweepstakes or win a Prize (defined below): (i) any person who is a shareholder, member, director, manager, officer, employee, agent, representative, or contractor of Old World Industries, LLC (the “Sponsor”), John Force Racing, Inc. (“John Force Racing”), Stewart-Haas Racing, LLC and Haas Formula LLC (collectively, “Haas Racing”), the National Hot Rod Association (the “NHRA”), the National Association of Stock Car Auto Racing (“NASCAR”) and Formula One World Championship Limited (“F1”), or their respective subsidiaries or affiliates; (ii) any person engaged in the administration, development, execution, management or production of the Sweepstakes for or on behalf of the Sponsor; (iii) 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 (iv) 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. To enter the Sweepstakes, visit peakauto.com/tryandtopit or text PEAK to 40691 from your smart phone 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”). Limit one (1) Entry per individual during the Sweepstakes Period. Any additional submissions per individual will be automatically disqualified. All Entries must be received during the Sweepstakes Period. Sponsor is not responsible for undelivered, illegible or incomplete Entries.
4. PRIZES. In total, 2500 prizes (the “Prizes”) will be awarded to 2500 prize winners (“Prize Winners”) at the conclusion of the Sweepstakes Period in the following category
(a) Three (3) Grand Prizes (the “Grand Prize(s)”) will be awarded to three separate (3) Grand Prize Winners (the “Grand Prize Winner(s)”) in the form of one of the following three (3) racing experiences:
(i) (i) A trip for two (2) (one of the three Grand Prize Winners and his/her guest) to attend the 2020 NHRA race in Las Vegas on April 5, 2020 (the “NHRA Race”). The NHRA Race Grand Prize shall consist of: Round trip coach air transportation for two (2) (departing on April 4, 2020 and returning on April 6, 2020) from a major airport nearest the Grand Prize Winner’s residence in the United States to Las Vegas, Nevada (airport, airline and airline ticket class to be selected by Sponsors); two (2) tickets to the NHRA Race; a $500 Visa gift card to cover ground transportation and meals; two (2) double occupancy hotel accommodation near the NHRA Race venue for three (3) nights; and VIP hospitality access at the NHRA Race venue that will include a meet and greet with celebrity drivers (subject to each driver’s schedule and availability);
(ii) A trip for two (2) (one of the three Grand Prize Winners and his/her guest) to attend the 2020 NASCAR race in Daytona, Florida on February 16, 2020 (the “NASCAR Race”). The NASCAR Race Grand Prize shall consist of: Round trip coach air transportation for two (2) (departing on February 15, 2020 and returning on February 17, 2020) from a major airport nearest the Grand Prize Winner’s residence in the United States to the Daytona, Florida (airport, airline and airline ticket class to be selected by Sponsors); two (2) tickets to the NASCAR Race; a $500 Visa gift card to cover ground transportation and meals; two (2) double occupancy hotel accommodation near the NASCAR Race venue for three (3) nights; and VIP hospitality access at the NASCAR Race venue that will include a meet and greet with celebrity drivers (subject to each driver’s schedule and availability); or
(iii) A trip for two (2) (one of the three Grand Prize Winners and his/her guest) to attend the race in Austin Texas in 2020 (date in 2020 to be determined per announced schedule) (the “Race”). The Race Grand Prize shall consist of: Round trip coach air transportation for two (2) (departing on the day before the Race and returning the day after the Race) from a major airport nearest the Grand Prize Winner’s residence in the United States to the Austin, Texas (airport, airline and airline ticket class to be selected by Sponsors); two (2) tickets to the Race; a $500 Visa gift card to cover ground transportation and meals; two (2) double occupancy hotel accommodation near the Race venue for three (3) nights; and VIP hospitality access at the Race venue that will include a meet and greet with celebrity drivers (subject to each driver’s schedule and availability)(approximate retail value: $2,700 to $4,000 each).
(b) 2500 Secondary Prizes will be awarded to 2500 separate Secondary Prize Winners (the “Secondary Prize Winner(s)”) in the form of a 1:64 scale John Force die cast toy funny car (approximate retail value: $5 each).
(c) In addition to the Prizes set forth above, all Entrants to the Sweepstakes will receive a $2 rebate on PEAK® antifreeze products from the Sponsor (cannot be combined with any other retail offer).
5. PRIZE DRAWINGS. One Grand Prize shall be awarded during each month (October, November and December, 2019) of the Sweepstakes Period as follows: upon entry, each Entrant will receive an electronic ‘scratch-off” allowing the Entrant to instantly see whether he/she has won. One Entrant who enters the Sweepstakes during the month of October, 2019 will win one of the Grand Prizes referenced above (as chosen by Sponsor in its sole discretion). An additional 834 Entrants who enter the Sweepstakes during the month of October, 2019 will win a Secondary Prize. This process will be repeated during the months of November, 2019 and December, 2019; with one Entrant winning a Grand Prize in November, 2019 and one Entrant winning a Grand Prize in December, 2019 and with 833 Entrants winning a Secondary Prize in November, 2019 and 833 Entrants winning a Secondary Prize in December, 2019. The odds of winning a Grand Prize are 1 in 75,000 and the odds of winning a Secondary Prize are 1 in 90. 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, text, mail or email with instructions on how to claim his/her Prize. In the event that: (i) Prize Winner is found to be ineligible; (ii) Prize Winner declines to accept the Prize; (iii) Prize Winner cannot be contacted or found within a reasonable period; or (iv) Prize confirmation or Prize is returned undeliverable, the respective Prize will be forfeited and, in the Sponsor’s sole discretion, said Prize may be awarded to an alternate Prize Winner, as stated herein. If Sponsor elects to award a forfeited Prize to an alternate Prize Winner, the alternate Prize Winner will be chosen, in the Sponsor’s sole discretion, from the next Entrant’s name on the above-mentioned List or from a separate randomly generated drawing from among all remaining eligible Entrants. Prize Winner will be required to furnish proof of eligibility. In addition, before being verified as the official Prize Winner, the selected Entrant (and his/her guest if applicable) will be required to execute and return an Affidavit/Declaration of Eligibility/Liability & Publicity Release and a W-9 form within five (5) business days from the time it is sent by the Sponsor or its representative. (b) Sponsor will have up to four (4) weeks to determine and verify the eligibility of each Prize Winner and award the Prize(s) after verification. Secondary Prizes may not be available and delivered to Secondary Prize Winners until March, 2020. Sponsor will not be held responsible for any delays in awarding the Prize(s) for any reason outside of its control. Prize(s) will only be awarded and delivered to the verified Prize Winner(s). (c) By accepting the Prize, Prize Winner (and his/her guest if applicable) consents to the use of his/her name, addresses, voice, likeness and statements relating to the Sweepstakes or Sponsor (including photographs, videos and media productions of and/or involving the Prize Winner and his/her guest, if applicable) without further compensation, notification or permission in any publicity, advertising or media production 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) Each 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 Prize; (ii) any additional costs and expenses associated with the Prize Winner’s receipt of his/her Prize, other than what is stated herein, including, but not limited to, insurance, licensing, gratuities and other personal expenses incurred in the acceptance or use of the Prize; and (iii) responsibility for adhering to any expiration dates in relation to receipt of his/her Prize. Prize is non-transferable and no Prize substitutions will 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 each Prize Winner, where required by law.
7. CONDITIONS OF ENTRY. (a) By entering the Sweepstakes, Entrant: (i) acknowledges compliance with these Official Rules, including all eligibility requirements, and including the Entrant’s agreement that clicking the consent on and to the Entry is a binding form of Entrant’s electronic signature binding the Entrant to these Official Rules; and (ii) agrees to be bound by the decisions of the Sponsor and/or the Sweepstakes Judges, as made in their sole discretion, which decisions will 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 will be deemed transferred/assigned to and will become the property of Sponsor and in no case will be returned. (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, Entrant agrees: (a) to indemnify, defend, release and hold harmless Sponsor, John Force Racing, Haas Racing, NHRA, NASCAR, F1 and their respective officers, directors, agents, employees, contractors, corporate partners, affiliates, parents, subsidiaries, vendors, advertising and promotion agencies, and companies involved in the implementation and execution of the Sweepstakes from any and all liability, loss or damage incurred with respect to Entrant’s participation in the Sweepstakes, any 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 any 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 will be resolved individually without resort to any form of class action; and (d) any and all claims, judgments, and awards will 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. Any Entrant engaging in any of the foregoing activities will be disqualified and will forfeit any Prize 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 will 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 will otherwise remain in effect and will 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, 3100 Sanders Road, Suite 500, Northbrook, Illinois 60062.
12. PRIZE WINNERS LIST. For the name of the Sweepstakes Prize Winner, send a self-addressed postage stamped envelope to “PEAK TRY AND TOP IT SWEEPSTAKES” Prize Winner Name Request,” c/o Old World Industries, LLC, 3100 Sanders Road, Suite 500, Northbrook, Illinois 60062 no later than January 31, 2020. The name of Prize Winner(s) will be sent after the Prizes are awarded.
14. ADVERTISING DISCLAIMER. References to John Force Racing and Haas Racing (including the use of the name and likeness of their drivers), NHRA, NASCAR, F1 are used with permission. PEAK® and the PEAK Mountain Graphic are trademarks of Old World Industries, LLC
©2019 Old World Industries, LLC. All Rights Reserved.