Peak

PEAK® CHICAGOLAND SELFIE CHALLENGE SWEEPSTAKES

OFFICIAL RULES

The PEAK® CHICAGOLAND SELFIE CHALLENGE SWEEPSTAKES (“Sweepstakes”) is intended for viewing and participation within the 50 United States and Washington, D.C. (collectively, 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 (“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 Friday, September 12, 2014 at 12:01 am Central Time and will end on Sunday, September 14, 2014 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; (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 any subsidiary or affiliate of Old World Industries, LLC (the “Sponsor”), Michael Waltrip Racing Holdings, LLC or MWR Racing, LLC; (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/ENTRY CRITERIA: (a) To enter the Sweepstakes, take a picture of yourself (i.e., a “Selfie”) along with: PEAK-branded products or signage (such as PEAK antifreeze or motor oil); and/or a PEAK-branded race car (such as the #15 PEAK Radiator Guarantee Car and the “#15”); and/or a PEAK celebrity (such as Clint Bowyer or Michael Waltrip) (collectively referred to herein as a “PEAK Selfie”) and send it via electronic mail during the Sweepstakes Period to: PickMe@SelfieAndWin.com (referred to herein as an “Entry”). Entries should prominently display the PEAK brand. Entries must not violate any laws or rights of any person or entity. Entries must not be violent, reckless, harmful, lewd, sexually explicit, exploitive, profane or cause or depict any unsafe behavior or depict any injury to people, animals or property. Entry must not depict any activity that puts minors at risk or that depicts them in any negative, harmful or exploitive way. Any creative works used in the Entry must be original works or Entrant must secure the appropriate copyrights and other applicable rights to said works prior to submission. (b) Limit one Entry per individual per Sweepstakes Period. Multiple submissions per person will be automatically disqualified. All Entries must be received during the Sweepstakes Period. Sponsor is not responsible for undelivered, illegible or incomplete Entries. Sponsor reserves the right to remove/void/edit all or part of an Entry at any time and for any reason.
  4. PRIZES. A total of 6 prizes (“Prize(s)”) will be awarded to 6 prize winners (“Prize Winner(s)”) at the conclusion of the Sweepstakes Period in two (2) categories as follows: (a) One (1) Grand Prize (the “Grand Prize” or “Prize”) will be awarded to one Grand Prize Winner (“Grand Prize Winner” or “Prize Winner”) in the form of a trip for two (2) for the Grand Prize Winner and a guest to attend a 2015 PEAK primary-sponsored race of the Prize Winner’s choosing to be held in the United States in 2015 (the “Race”). The Grand Prize shall consist of the following: roundtrip coach air transportation for two (2) from a major airport nearest the Grand Prize Winner’s residence in the United States to a major airport nearest the Race venue (airport, carrier, and airline ticket class to be selected by Sponsor); one (1) double occupancy standard hotel accommodation for two (2) nights at a hotel selected by Sponsor; and two (2) tickets to the Race. (Grand Prize approximate retail value is $1,000); and (b) five (5) First Place Prizes (“First Place Prizes”) will be awarded to 5 First Place Winners (“First Place Prize” Winners) each in the form of an autographed Clint Bowyer #15 PEAK Antifreeze and Motor oil 1:24 Scale Die cast toy race car and a PEAK #15 hat (each with an ARV of $85).
  5. PRIZE DRAWINGS. (a) After the conclusion of the Sweepstakes Period, on or before September 16, 2014, the Sweepstakes judges designated by Sponsor (“Sweepstakes Judges”) will conduct a random drawing to select the Grand Prize Winner. The odds of winning will depend on the total number of eligible Entries received during the Sweepstakes Period. The random drawing will be held at Northbrook, Illinois. (b) The Sweepstakes Judges will draw from among all eligible Entries using a random generator program and select the Prize Winners from the list generated by the random generator (the “List”). (c) The first name on the List will be selected as the Grand Prize Winner and will be awarded the Grand Prize. In no event will Sponsor be obligated to award more than one Grand Prize. (d) The next 5 names on the List will be selected as the First Place Prize Winners and will each be awarded the First Place Prize. (d) Each respective Prize Winner will be eligible to be awarded and receive the respective Prizes corresponding to the drawing subject to a final determination 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) Prize Winner will be contacted by 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) the 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, as stated herein. If Sponsor elects to award a forfeited Prize to an alternate Prize Winner, the alternate Prize Winner shall 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 an official winner, Prize Winner will be required to execute and return an Affidavit/Declaration of Eligibility/Liability & Publicity Release and, if applicable, 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 four (4) weeks to determine and verify the eligibility of the Prize Winner and award the Prize after verification. Sponsor shall not be held responsible for any delays in awarding the Prize for any reason outside of its control. Prize will only be awarded and delivered to the verified Prize Winner. (c) By accepting the 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 the Prize, 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 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. 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 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 his/her 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 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. (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, its promotional agents, representatives and contractors administering the Sweepstakes, as well as Michael Waltrip Racing Holdings, LLC and MWR Racing, LLC, including, individually and collectively, any and all shareholders, members, directors, managers, officers, employees, agents, representatives or contractors of said entities (or their subsidiaries and affiliates), 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 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. 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 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. PRIZE WINNERS LIST. For the name of the Sweepstakes Prize Winners, send a self-addressed postage stamped envelope to “PEAK® CHICAGOLAND SELFIE CHALLENGE SWEEPSTAKES Prize Winner Name Request,” c/o Old World Industries, LLC, 4065 Commercial Avenue, Northbrook, Illinois 60062 no later than December 1, 2014. The name of Grand Prize Winner will be sent after the Prize is awarded.
  13. PRIVACY. Personal information collected from Entrants will be used by the Sponsors for the purpose of administering this Sweepstakes unless Entrant has elected to receive additional information and promotional material from Sponsors or a third party. To review Sponsor’s privacy policy, please visit www.peakauto.com to see how personal information obtained in connection with this Sweepstakes will be used by Sponsor.
  14. ADVERTISING DISCLAIMER. The trademarks and service marks, along with all associated emblems, designs and other trade indicia, of Michael Waltrip Racing Holdings, LLC are used with permission. PEAK and the PEAK Mountain Graphic are trademarks of Old World Industries, LLC. Michael Waltrip Racing logo is a trademark of Michael Waltrip Racing Holdings, LLC. The Michael Waltrip name and likeness used under license.

©2014 Old World Industries, LLC. All Rights Reserved.