Freedom Tremor Rules
Freedom Tremor Sweepstakes
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED BY LAW. Participation constitutes Entrant's full and unconditional agreement to and acceptance of these Official Rules. By participating in this Sweepstakes, you are providing your signature, consent and agreement to receive emails messages from DiamondBack Automotive Accessories Inc., the Sponsor of this promotion.
ENTRY PERIOD: The Freedom Tremor Sweepstakes (“Sweepstakes”) begins on January 2, 2022 at 12:00 am Eastern Time (“ET”) and ends on February 15, 2022 at 11:59 pm ET ("Sweepstakes Period"). Sweepstakes is sponsored by DiamondBack Automotive Accessories Inc.
SPONSOR: DiamondBack Automotive Accessories Inc. at 354 Enterprise Drive Philipsburg, PA 16866 (the “Sponsor”).
ADMINISTRATOR: Momares, LLC at SweepPea.com (the “Administrator”).
ELIGIBILITY: The Sweepstakes is open only to natural persons who are legal residents of, and physically residing in, one of the 48 contiguous United States, including D.C., and who are 18 years of age or older as of the Sweepstakes start date ("Entrant"). Persons in any of the following categories are not eligible to participate or win a Prize: (a) persons who are employees or agents of DiamondBack Automotive Accessories Inc., Momares, LLC., and their respective parent companies, affiliates, divisions, prize providers, subsidiaries, suppliers, distributors and the service agencies or independent contractors of any of the above organizations (“Sweepstakes Entities”); (b) suppliers, distributors or retailers of Sponsor’s products; (c) individuals engaged in the development of, the production or distribution of materials for, or the implementation of this Sweepstakes; or (d) employees of, persons in the immediate family of, or persons living in the same household as any person in any of the preceding categories. All federal, state, and local laws and regulations apply. For the purposes of this Sweepstakes, “immediate family members” is defined as spouse, domestic partner, mother, father, grandmother, grandfather, children, siblings, and their spouses, and “persons living in the same household” shall mean people who share the same residence at least three (3) months a year, whether legally related or not. This Sweepstakes is void in Alaska, Hawaii, Puerto Rico, Guam, American Samoa, all other United States territories, possessions, and protectorates, foreign-based United States military installations and wherever restricted or prohibited by law.
HOW TO ENTER: During the Sweepstakes Period eligible Entrants may enter the Sweepstakes in the following ways:
WEBSITE: By visiting https://diamondbackcovers.com/pages/freedom-tremor (“Website”) and making a purchase online. Upon the successful purchase, the Entrant will receive one (1) entry for each $1.00 of merchandise purchased (excluding tax and shipping) for any of these qualifying products (“Qualifying Products” and each a “Qualifying Product”) automatically:
- Freedom Tremor PVC Patch
- Freedom Tremor Hat
- Freedom Tremor T-shirt
- Freedom Tremor Long Sleeve T-shirt
- Freedom Tremor Hoodie
on the https://diamondbackcovers.com/pages/freedom-tremor online store (each, an “Online Store Entry”). ONLINE STORE ENTRIES CAN ONLY BE RECIVED BY PURCHASING ONE OR MORE QUALIFING PRODUCT. All entries must be received no later than 11:59 pm ET on the last day of the Entry Period to be eligible to win the prizes(s) offered. Entries are conditional on completing a purchase. The maximum number of entries a participant may receive regardless of method of entry is four hundred and eighty (480) entries. If, during the Sweepstakes Period and through the time period ending February 15, 2022, the Entrant cancels their purchase, Sponsor issues a refund to an Entrant, or if the Entrant initiates a credit card charge-back for any purchase from Sponsor, the corresponding number of entries associated within the purchase will be void and revoked.
FREE ENTRY: During the Sweepstakes Period, eligible Entrants can obtain Sweepstakes entries by legibly hand-printing, on a 3”x 5” card or paper, their full name, complete mailing address, mobile phone number, date of birth and email address, and a 25 words minimum description on what winning the Prize would mean to you, mailing the card/paper in a #10 business-sized envelope, with proper first class postage affixed to: “Freedom Tremor Sweepstakes” PO Box 240 Macedon, NY 14502-0240 (the “Mail-In Entry”). All entries must be postmarked no earlier than the first day and no later than the last day of the Entry Period you are participating in and received by the Sponsor no later than five (5) days after the last day of the Entry Period you are participating in. Each mail-in entry will receive eighty (80) entries during the Sweepstakes Period for a maximum of four hundred and eighty (480) entries.
In the event a postmark date falls on a Sunday or federal holiday, the mail-in entry must be postmarked on the following business day. NOTE #1: Mail-in Entry card and envelope must be hand printed by the Entrant only. The envelope must have sufficient postage and be free of any extraneous decoration, drawing, stickers, or tape. In addition, Entrants are not permitted to use any 3rd party organization to assist with the entry process in any way (as determined by the ADMINISTRATOR). Each Mail-In Entry must be mailed individually. No more than one Mail-In Entry will be allowed per postmarked day, up to a maximum of six (6) Mail-In Entries. Should more than one Mail-In Entry from the same Entrant have the same postmark date, only one (1) will be valid and all other Mail-In Entries from the same Entrant will be void. Bulk shipments of entries will not be accepted. All required information must be provided to enter and to be eligible to win. Incomplete entries will be disqualified. Released Parties are not responsible for: late, incomplete, incorrect, delayed, garbled, undelivered, misdirected, postage-due entries or mail. Photocopied, illegible, or mechanically reproduced entries are not eligible. All entries become the exclusive property of Sponsor and will not be acknowledged or returned. By participating, you consent for Sponsor to obtain, use, and transfer your name, address, and other information for the purpose of administering this Sweepstakes and for other purposes as set forth below.
IMPORTANT INFORMATION: Sponsor’s computer is the official time keeping device for this Sweepstakes. Proof of mailing or purchase does not constitute proof of delivery or entry. Any attempt to submit more than the maximum number of entries using multiple/different mail addresses, identities or any other methods may void that Entrant’s entry. Entries generated by robotic, programmed, script, macro or other automated means will be disqualified. No other forms of entry are valid other than those set forth above. All entry information becomes the property of the Sponsor.
DRAWING: One (1) potential winner will be randomly drawn on or around February 22, 2022 from among all eligible entries received for each Entry Period in accordance with these Official Rules through the entry methods offered (“Winner”). There will be one (1) winner drawn per Sweepstakes Period for a total of one (1) prize (collectively “Drawing”). Drawing will be held from among all valid entries only. The potential Winner(s) will be notified on or around March 1, 2022 using the information provided in their entry. All drawings will be conducted by the Sponsor or Administrator whose decisions are final and binding in all matters relating to this Sweepstakes. The Administrator will randomly draw the potential Winner from the pool of eligible Entrants. The decisions of the Sponsor or Administrator are final and binding in all matters relating to the Sweepstakes. Odds of winning depend on the number of eligible entries received during the Sweepstakes Period. The Winner will be required to claim their Prize within five (5) days of notification. If no response is received within the time allotted, one (1) alternate Winner will be selected. Any alternates selected will also be required to claim their Prize within five (5) days of notification. Sponsor is not responsible for suspended or discontinued Internet, land line, or wireless service which may result in potential Winner(s) not receiving initial Prize notification or communication from Sponsor.
The Prizes (altogether collectively, the “Prizes” and each a “Prize”) are described as:
PRIZE: One (1) pre-owned Ford Super Duty 250 Tremor 2020 pickup truck with 14,000 miles (ARV $80,000) and a check for $20,000.00
The Approximate Retail Value (“ARV”) of the Prizes is $100,000.00
RESTRICTIONS ON PRIZE: Prize to be fulfilled within thirty (30) days of Winner’s approval. The Prize Winner must have and provide a valid U.S. Driver’s License suitable for the Prize and provide proof of vehicle insurance (Comprehensive or Liability) at time of delivery, if required by law and/or requested by Sponsor or Administrator, or their authorized agent. The Prize Winner agrees to be bound by, and not to contest in any way, these determinations of the Sponsor.
NOTE #1: Prize automobile may not pass smog or emissions testing in certain states. Winner should check standards for operation of a vehicle in their state before accepting Prize.
NOTE #2: Winner may opt travel to 354 Enterprise Drive, Philipsburg, PA 16866 (the “Location”) to take possession of the Prize within thirty (30) days of Prize approval or make arrangements for Prize delivery. The Prize does not include Prize delivery.
NOTE #3: Winner understands and agrees that if opting to pick up the Prize or have it delivered, an awarding ceremony may be video recorded and/or photographed. Rights to any Prize ceremony video or photo belong solely to the Sponsor and can be used in any media at their sole discretion.
The Prize Winner will be solely responsible for all taxes (federal, state, local), all applicable registration, license, title and insurance fees, and all expenses not specifically listed herein related to the acceptance and use of the Prize. Neither Sponsor nor the Administrator offer or provide, nor are Sponsor or Administrator in any manner responsible or liable for any warranty, mileage, representation, compliance with safety, emissions laws, regulations or guarantee, express or implied, in fact or in law, relative to the Prize, including but not limited to its quality, fitness for purpose, or mechanical condition. The Prize Winner is required to comply with any and all applicable federal, state, and local laws, rules and regulations including, but not limited to licensing and insurance requirements. Any difference between actual value and the stated ARV of the Prize will not be awarded. In accepting the Prize, Prize Winner expressly understands and agrees that operating a motor vehicle is an inherently dangerous activity that may expose the driver, passenger(s) and other persons to injury, dismemberment or even death. No substitution or transfer of Prize will be permitted, except by the Sponsor, who reserves the right at its sole discretion to substitute a Prize with another Prize of equal or greater value. All other expenses associated with Prize acceptance or usage not mentioned herein are the sole responsibility of the Winner.
Limit one (1) Prize per person, mobile number, address, and/or household during the Sweepstakes Period. If a Prize offered becomes unavailable for any reason, the Sponsor reserves the right to provide an alternate Prize of equal or greater value. In no event will more than the prizes listed be awarded. If, for any reason, more Prize notifications are sent (or more claims are received) than the number of Prizes offered, as set forth in these Official Rules, the Sponsor reserves the right to award the intended number of Prizes through a random drawing from among all eligible Prize claims received. In the event that the Winner is disqualified for any reason, the Prize will be forfeited and may be awarded to an alternate winner at the Sponsor’s sole discretion.
No substitution or transfer of Prize or election of cash in lieu of Prize will be permitted, except by Sponsor. Prizes are awarded “as is” with no warranty or guarantee, either express or implied. The Sponsor reserves the right at its sole discretion to substitute the Prize with another Prize of equal or greater value in the event that the Prize (or any component thereof) is not available. The Winner(s) will be required to complete and sign an Affidavit of Eligibility and Liability/Publicity Release form provided to them to be returned within five (5) days of written notification, or Prize may be forfeited, and an alternate winner selected. The Prize Winner(s) will also be required to disclose their social security number for tax filing purposes. The Winner will be solely responsible for all taxes (federal, state, local), all applicable registration, license, title and insurance fees, and all expenses not specifically listed herein related to the acceptance and use of the Prize. To the extent permitted by applicable law, by accepting a Prize, the Winner grants permission for the Sponsor and those acting under its authority to use their name, and address (city and state), photograph, voice and/or likeness, for advertising and/or publicity purposes, in any and all media (including posting on Sponsor’s website and/or social media) now known or hereinafter invented without territorial or time limitations and without further notice to and without additional compensation. Winners who are not required under applicable state law to grant such permission under these Official Rules may be asked by the Sponsor to provide their voluntary consent for such permission. If you are selected as a Winner, your information may also be included in a publicly-available Winner's list, except where prohibited by law. Prizes pictured in advertising, marketing, or promotional materials are for illustrative purposes only. Model, color, options, and other prize specifics are subject to availability.
DISCLAIMERS: By participating in the Sweepstakes, Entrant agrees to release, discharge, indemnify and hold harmless the Sweepstakes Entities, Twitter, Inc., Facebook, Inc., Instagram, Inc., TikTok, Inc., Momares, LLC., and each of their respective directors, officers, employees, agents, successors and assigns (“Released Parties”) from and against any and all claims, liability, costs (including attorneys’ fees), losses, damages, fines or injuries (up to and including bodily injury and death) of any kind arising out of or related to: (i) Entrant’s participation in the Sweepstakes; (ii) any acceptance, possession, misuse or use of any prize (including, without limitation, losses, damages or injuries to Entrant’s or any other person’s equipment or other property, or to their persons); (iii) the Released Parties’ violation of rights of publicity or privacy, claims of defamation or portrayal in a false light or based on any claim of infringement of intellectual property; or (iv) any typographical, human or other error in the printing, offering, selection, operation or announcement of any Sweepstakes activity and/or prize. Without limiting the generality of the foregoing, Entrants agree that the Released Parties have neither made nor will be in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, in connection with the Sweepstakes and/or with respect to prizes, including, without limitation, to any prize’s quality or fitness for a particular purpose. Entrant agrees that the Released Parties shall have no responsibility or liability for discontinued prizes; human error; incorrect or inaccurate transcription of registration and/or account information; any technical malfunctions of the telephone or data network, computer online system, computer dating mechanism, computer equipment, software, social media platform, or Internet service provider utilized by Sponsor or Administrator; interruption or inability to access the website, application or any online service via the Internet due to hardware or software compatibility problems; any damage to Entrant’s (or any third person’s) computer or mobile device and/or its contents related to or resulting from any part of the Sweepstakes; any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Released Parties. Each Entrant further agrees to indemnify and hold harmless the Released Parties from and against any and all liability resulting or arising from the Sweepstakes and to release all rights to bring any claim, action or proceeding against Released Parties and hereby acknowledge that the Released Parties 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 a prize, including express warranties provided exclusively by a Supplier that may be sent along with a prize. The Released Parties are not responsible for any changes or unavailability of the internet service provider or the social media platform used for purposes of administering this Sweepstakes that may interfere with the Sweepstakes (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use the website or social media platform for the Sweepstakes as set forth herein that are not acceptable to Sponsor) or ability of Entrant to timely enter, receive notices, or communicate with Sponsor via email, in which case Sponsor, in its sole discretion, may terminate or modify the Sweepstakes.
GENERAL RELEASES: By accepting a Prize, where permitted by law, the Winner grants to the Sponsor, its parent, subsidiaries and related companies, and those acting pursuant to the authority of Sponsor (which grant will be confirmed in writing upon Sponsor's request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation, in perpetuity, at any time the recipient's full name, portrait, picture, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification. IN NO EVENT WILL SPONSOR, THEIR RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES, ADVERTISING AND PROMOTION AGENCIES, DEALERS, DISTRIBUTORS, SUPPLIERS, RETAILERS, PRIZE PROVIDER AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES AND AGENTS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS SWEEPSTAKES OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZES. By participating, Entrant releases and agrees to hold harmless the Sponsor, their respective parents, affiliates, subsidiaries, advertising and promotion agencies, distributors, suppliers, Prize provider and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in this Sweepstakes or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of the Prize(s). Winner acknowledges that Sponsor has neither made nor is in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the Prize.
All Entrants understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state, territory, or country that may be applicable with respect to the foregoing release are hereby expressly and forever waived. All participating Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR
RELEASED PARTY.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
LIMITATIONS OF LIABILITY: If for any reason this Sweepstakes is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice and award the Prize using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Sponsor is not responsible for any problems or technical malfunction of any wireless telephone network, wireless signal coverage or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to Entrant's or any other person's computer relating to or resulting from participation in this Sweepstakes or downloading any app or materials in this Sweepstakes. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute over the identity of an Entrant, entry will be deemed submitted by the registered account holder of the email address and/or mobile phone number associated with the entry, provided that person is eligible. Prize Winner(s) may be required to show proof of being the registered account holder. “Registered account holder” is defined as the person assigned to an email address by an Internet access provider, an organization responsible for assigning email addresses for the applicable domain, or to the responsible party associated with the account connected to the mobile number. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules and/or other instructions of the Sponsor may be disqualified.
GOVERNING LAW: The parties agree that the Sweepstakes and these Official Rules will be governed, construed, and interpreted under the laws of the State of Pennsylvania, without giving effect to any choice of law or conflict of law rules (whether of the State of Pennsylvania or any other jurisdiction) which would cause the application of the laws of any jurisdiction other than the State of Pennsylvania.
DISPUTE RESOLUTION: BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIVE DOLLARS ($5.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED FIVE DOLLARS ($5.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
Entrant, Sponsor, Administrator and the Sweepstakes Entities (each, a “Party” and collectively the “Parties”) each agree to fully and finally settle all disputes pertaining to the Sweepstakes, administration of the Sweepstakes, and/or these Official Rules only through binding arbitration (in each case, a “Dispute”); provided, however, (a) Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in or closest to Harrisburg, Pennsylvania and any other court with jurisdiction over the Parties. In arbitration, there is no judge or jury, and review is limited. The arbitrator’s decision and award are final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction.
The Parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator in an arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the AAA, and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website: www.adr.org, unless otherwise mutually agreed between the parties. If an in-person hearing is required, except as otherwise required by applicable AAA rules or applicable law, then it will take place in Harrisburg, Pennsylvania. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the Dispute must be brought in a court of competent jurisdiction in Harrisburg, Pennsylvania. Sponsor agrees to pay the administrative and arbitrator’s fees to conduct the arbitration (but specifically excluding any travel or other costs of Entrant to attend the arbitration hearing). If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Harrisburg, Pennsylvania and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.
In no event shall any Dispute brought by either Party related in any way to the Sweepstakes be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
The arbitrator is empowered to resolve the Dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other individual. You and each Party also agree that each Party may bring claims against the other in arbitration only in their respective individual capacities and in so doing YOU WAIVE THE RIGHT TO A TRIAL BY JURY, to assert or participate in a class action lawsuit or class action arbitration, to assert or participate in a private attorney general lawsuit or private attorney general arbitration, and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.
WINNERS LIST: For a Winner(s) List, visit https://diamondbackcovers.com/pages/freedom-tremor-winner
no earlier than 30 days after the Sweepstakes has ended.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook, Google, Twitter, TikTok, or Instagram. All registered trademarks belong to their respective owner who are not a party to this Sweepstakes and have not offered or sponsored this Sweepstakes in any way; and shall have no liability or responsibility for any claim arising in connection with this Sweepstakes or any items awarded (other than any manufacturers warranty, if any available).