PEAK®: WIN A YEAR’S SUPPLY OF BLUEDEF SWEEPSTAKES
Official Rules
Old World Industries, LLC (the “Sponsor”) is sponsoring the PEAK® Win a Year’s Supply of BlueDEF sweepstakes (the “Sweepstakes”). The Sweepstakes is subject to these official rules (the “Official Rules”), and by participating, you (“Entrant”) agree to be bound by them and the interpretations and decisions of the Sponsor, which are final and binding in all respects.
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW OR RESTRICTED BY LAW.
THIS SWEEPSTAKES IS GOVERNED EXCLUSIVELY BY THE LAWS OF THE UNITED STATES. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
1. Sweepstakes Period: The Sweepstakes begins at 12:01 AM Central Time (“CT”) on August 4, 2023, and ends at 11:59 PM CT on October 31, 2023 (the “Sweepstakes Period”). The Sponsor’s computer is the official timekeeping device for entry in the Sweepstakes.
2. Eligibility: The Sweepstakes is open only to legal residents of the fifty (50) United States and the District of Columbia who are 18 years of age or older at the time of entry (except in the cases of residents of jurisdictions where the legal age of majority is greater than eighteen (18) years, in which case, such legal age of majority). VOID WHERE PROHIBITED. Employees, officers and representatives, and the immediate family members of such employees, officers and representatives (i.e., parent, spouse, sibling, children, grandparents, step parents, step children and step siblings, and their respective spouses, and those living in the same household, whether or not related) of the Sponsor or its affiliated companies, parent companies, subsidiaries, participating promotional partners, advertising and promotion agencies, webmasters, and any company involved in the creation, design, execution, production, or fulfillment of the Sweepstakes (collectively, the “Sweepstakes Entities”) are not eligible to enter (the Sponsor retains the right to determine in its sole discretion if an existing agreement represents a conflict). Additionally, individuals who are employed by any local, state or federal government office or agency, elected officials, and individuals on the OFAC Specially Designated Nationals and Blocked Persons (SDN) List are not eligible to enter or win. The Sweepstakes is subject to all applicable federal, state, and local rules, laws, and regulations.
3. How to Enter: To enter the Sweepstakes, each entrant must visit www.peakauto.com/pbr (“Website”) and complete the following steps: (1) complete the entry form by giving your first and last name, email address (“Address”), and zip code, and (2) click the “SUBMIT” button to complete your entry into the Sweepstakes (“Entry”). Normal internet access and usage charges imposed by your online and cell phone service provider will apply.
There is a limit of one (1) Entry per Entrant for the entire Sweepstakes Period. Any attempt by an entrant to obtain more than the stated number of entries by using multiple/different identities or Addresses, and/or any other methods will void that Entrant’s entry and that Entrant may be disqualified from the Sweepstakes. When submitting an Entry, Entrant is required to provide complete and truthful information. Entries submitted by anyone other than the Entrant are void. In case of dispute as to the identity of any Entrant, Entry will be declared made by the registered name and Address on such entry. Any potential prize winner may be requested to provide Sponsor with proof that such person is the prize winner. All Entries are the property of Sponsor and will not be acknowledged or returned.
Neither Sponsor nor any Sweepstakes Entity is responsible for any entry that is lost, late, illegible, stolen, mutilated, incomplete, invalid, unintelligible, postage-due, misdirected or undeliverable, whether due to system errors, omissions, interruption, deletions, defects, delay in operations or transmissions, theft or destruction or failures, faulty transmissions or other telecommunications malfunctions, human error, entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors and failures, faulty transmissions, technical malfunctions, or otherwise. Proof of submission will not be deemed to be proof of receipt by Sponsor or Sweepstakes Entity.
4. Prizes (10): Ten (10) Winners (as defined below) will receive a one-year supply of BlueDEF or BlueDEF Platinum (at Sponsor’s sole discretion) diesel exhaust fluid (the “Prize”). A one-year supply is defined as one (1) 2.5-gallon box per month (twelve 2.5-gallon boxes total).
The Prizes will be delivered to Winners as follows: A six-month supply consisting of six 2.5-gallon boxes of diesel exhaust fluid will be shipped to each Winner at the verified address by November 30, 2023. A second six-month supply, consisting of six 2.5-gallon boxes of diesel exhaust fluid will be shipped to each Winner at the verified address by May 30, 2024. If Winner changes addresses it is the sole responsibility of Winner to communicate the new address to Sponsor. Sponsor shall have no liability for any Prize not received by any Winner due to a change in verified address.
The total Approximate Retail Value (“ARV”) of each prize will be $250 - $300. This includes cost of shipping.
TOTAL ARV OF ALL PRIZES: $2500 - $3000 USD.
ONLY ELEMENTS OF THE PRIZES DESCRIBED ABOVE ARE BEING AWARDED TO THE WINNERS. A refund or cash equivalent will not be provided to any Winner under any circumstances.
5. Prize Restrictions: Limit of one (1) prize per person, family, or household per Sweepstakes. If for any reason the Prize is unavailable, Sponsor reserves the right to modify the Sweepstakes in its sole discretion and award a substitute prize, or portion of prize, of comparable or greater value as set forth in these Official Rules. No substitution, transfer, assignment or cash equivalent of the Prize, or any portion thereof, is permitted by the Winners. If the actual prize is less than the stated ARV, the difference will not be awarded.
Sponsor and the Sweepstakes Entities shall have no responsibility or obligation to a Winner who is unable or unavailable to, or who does not for any reason, accept or utilize a Prize or any portion thereof. Winners agree to comply with any additional terms and conditions applicable to the Prize. The Prize is provided “as is”; entrants acknowledge that Sponsor and the Sweepstakes Entities have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize, including any implied warranty of merchantability or of fitness for a particular purpose. All costs and expenses not specifically listed above as part of the Prize are solely each Winner’s responsibility, including other taxes not otherwise mentioned herein. All prizes pictured in advertising and other Sweepstakes materials are for illustrative purposes only. The trademarks associated with the Prize are the property of its respective owner.
All U.S. federal, state, and local tax liability, and any other costs and expenses associated with acceptance or use of the Prize not specifically provided for in these Official Rules are solely the responsibility of each Winner (regardless of whether the prize, in whole or in part, is used).
6. Winner Selection: Ten (10) winners will be selected by Sponsor in a random drawing held on or about November 3, 2023, from all eligible entries received. Sponsors decisions are and shall be final and binding in all matters relating to this sweepstakes. Odds of winning depend on the number of eligible entries received. The potential winners will be contacted via the email address provided by Entrant on the Entry and will be required to confirm his/her email address. Details will follow via email.
If a prize or prize notification is returned as undeliverable, Sponsor is unable to contact a potential winner within 72 hours of initial outreach, or a potential winner is not in compliance with these rules, the prize will be forfeited and, at Sponsor’s discretion, an alternate winner selected. Sponsor shall have no liability for any winner notification that is lost, intercepted, or not receiving by a potential winner for any reason.
7. Winner Verification: The potential winners may be required to prove eligibility, including, without limitation, proof of age, residence, and identify, which may include submitting a copy of a driver’s license, passport, or similar government-issued identification within seventy-two (72) hours after being notified of being a potential winner.
The potential winner may be required to compete and sign an Affidavit of Eligibility, release of liability, publicity release form (except where prohibited), and a completed IRS W-9 form (if required), and the eligibility of the potential winner will be verified. Forms must be returned within forty-eight (48) hours of receipt by the potential winner. If any potential winner does not complete all forms necessary within the time given and/or in the event of non-compliance by any potential winner, such potential winner shall be disqualified and shall forfeit the prize, and all privileges otherwise due as a potential winner shall be terminated and an alternate potential winner will be chosen in a random drawing from among all of the remaining eligible entries.
Provided that each potential winner is in compliance with the Official Rules and after having successfully proven eligibility, they will be officially confirmed as the Winners (each, a “Winner”). Sponsor expressly reserves the right to delay the announcement of the Winners for any reason is deems necessary.
Sponsor and the Sweepstakes Entities reserves the right to make a public announcement, announcing the Winners on either Sponsor’s website or in any manner (including, without limitation social media (e.g., Facebook, Twitter, Instagram, etc.)), which Sponsor deems appropriate.
8. Liability Release and Indemnity: THE PRIZE IS OFFERED AND PROVIDED “AS IS” WITH NO WARRANTY OR GUARANTEE BY SPONSOR OR ANY SWEEPSTAKES ENTITY, EITHER EXPRESS OR IMPLIED. IN NO EVENT WILL SPONSOR OR ANY SWEEPSTAKES ENTITY BE LIABLE TO ENTRANT FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXAMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, BUSINESS, OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH ENTRANT’S PARTICIPATION IN THE SWEEPSTAKES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SPONSOR AND/OR OTHER SWEEPSTAKES ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
By entering the Sweepstakes, Entrant agrees to indemnify, defend, and hold harmless, Sponsor and any other Sweepstakes Entities from any and all liability, for any claims, damages, injuries or losses of any kind, and to release all rights to bring any claim, action or proceeding arising out of, in connection with, or relating to, (i) participation in the Sweepstakes, (ii) without limitation, death, or property damage, arising directly or indirectly from the acceptance, possession, misuse or use of the Prize, including any vehicle use related thereto, (iii) defamation, violation of publicity rights, or invasion of privacy in connection with the Sweepstakes or acceptance and use or the Prize, and (iv) copyright infringement, trademark infringement, or any other intellectual property-related cause of action arising from or related to the Sweepstakes, the Prize, or Sponsor’s advertising and marketing related to the Sweepstakes, Entrants or the Winners, in all cases, including but not limited to: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, or telephone, or network lines; (c) printing errors; (d) lost, late, misdirected or undeliverable entries or prize notifications; (e) errors in the administration of the Sweepstakes or the processing of entries; or (f) injury or damage to persons or property (including to any computer or mobile device systems resulting from participation in or accessing or downloading information in connection with the Sweepstakes), which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt or use of any prize. Entrant assumes all liability for any injury or damage caused, or claimed to be caused, by participation in the Sweepstakes, or the acceptance, receipt, or use of the Prize or any Prize component. Entrant further agrees that in any cause of action, Sponsor and/or the Sweepstakes Entities’ liability will be limited to the value of the Prizes, and in no event shall the Sponsor or the Sweepstakes Entities be liable for attorney’s fees.
9. Grant of Rights. Except where prohibited by law, by entering the Sweepstakes and/or winning the Prize, Entrant irrevocably consents to the use of his or her name, image, photograph, likeness, biographical information, entry, statements attributed to Entrant (if true) and any video footage related to the Prize, for all Sponsors’ advertising, promotional, or other commercial purposes in all media now or hereafter known, worldwide and in perpetuity without additional compensation and additionally consents to the Sweepstakes Entities putting his or her name on a winner’s list.
10. General Terms. Sweepstakes Entities are not responsible if the Sweepstakes cannot take place, or if the Prize cannot be awarded due to delays, interruptions or failures due to acts of God, war, natural disasters, weather, acts or threats of terrorism, strikes, lockouts, labor disputes, work stoppages, fire, acts of government, or other events outside of the reasonable control of the Sweepstakes Entities. If, for any reason the Sweepstakes is not capable of running as planned, including, without limitation, due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of the Sweepstakes Entities, which, in Sponsor’s sole determination, corrupts or affects the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend the Sweepstakes or any part of the Sweepstakes. If the Sweepstakes or any part of the Sweepstakes is terminated or modified prior to the closing of the Sweepstakes Period, notice will be posted on www.peakauto.com/pbr. Sponsor reserves the right to modify and amend these Official Rules from time to time during the Sweepstakes Period for clarification purposes.
ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAW AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
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 of the Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that term or any other provision of these Official Rules. Entrant agrees to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in the Sweepstakes–related materials, privacy policy or terms of use on a website and/or the terms and conditions of these Official Rules, the Official Rules shall prevail, govern, and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.
11. Privacy: All information submitted by Entrants and collected by Sponsor in connection with Entrant’s entry will be subject to and will be treated in a manner consistent with Sponsor’s web site Terms and Conditions accessible at: owi.com/owi-legal/terms-and-conditions and Sponsor’s Privacy Policy available at: owi.com/owi-legal/privacy-policy. By participating in the Sweepstakes, Entrant hereby agrees that Sponsor may collect and use his or her personal information submitted with the entry and acknowledges that he or she has read and accepted the Sponsor’s Privacy Policy. Among other things, the information Entrants provide may be used for sending Entrants company updates and announcements about Sponsor and its products and/or services.
12. Binding Arbitration: Entrant agrees that: (1) ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE SWEEPSTAKES OR ANY PRIZE AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) any dispute, controversy or claim arising out of or relating to the Sweepstakes or any prize awarded shall be resolved by binding arbitration administered by the Judicial Arbitration and Mediation Services (“JAMS”) in accordance with its Comprehensive Arbitration Rules and Procedures (“JAMS Rules”) then in effect; (3) any arbitration shall be heard by one arbitrator to be selected in accordance with JAMS Rules, in Cook County, Illinois; (4) unless both Entrant and Sponsor agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of class or representative proceeding; (5) judgment upon any award rendered may be entered in any court having jurisdiction thereof; and (6) any award or judgment shall be subject to all limitations and releases set forth in these Official Rules and be limited to actual out of pocket damages, and shall not, in any event, include any punitive, exemplary, consequential or incidental damages, attorney’s fees or costs of bringing a claim, or any injunctive or other equitable relief. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
13. Governing Law: All federal, state and local laws and regulations apply. Void where prohibited by law. 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 Sweepstakes, shall be governed by, and construed in accordance with Illinois law without giving effect to any choice of law or conflict of laws rules (whether of Illinois or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Illinois.
14. Accessibility of Official Rules: A copy of the Official Rules is available via www.peakauto.com/pbr. Where required by law, Sponsor will provide the name of Winner(s) of the Sweepstakes to those who request it. For the names of Winners: (i) send a self-addressed, stamped envelope postmarked to Old World Industries, LLC, 3100 Sanders Rd. Suite 400, Northbrook, IL 60062, Attn: Marketing Manager; and (ii) write the name of the Sweepstakes on the lower left-hand corner of the envelope. All requests for the names of the Winners must be received within two (2) weeks of the end of the Sweepstakes Period.
15. Opt In/Opt Out: By entering the Sweepstakes you agree to periodically receive email newsletters from Old World Industries. You can opt-out of receiving these communications at any time by clicking the “unsubscribe” link in the newletter.
16. Sponsored and Administered by: Sweepstakes subject to these Official Rules are sponsored and administered by Old World Industries, LLC, 3100 Sanders Rd. Suite 400, Northbrook, IL 60062.
17. No Endorsement: This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter, YouTube, Pinterest, LinkedIn, or Google. You understand that you are providing your information to the Sponsor of this sweepstakes and not to Facebook, Twitter, YouTube, Pinterest, LinkedIn, or Google.
