2. Promotion Sponsor: The Caterpillar Build Your Success Promotion (the “Promotion”) is sponsored by Caterpillar, Inc. 100 NE Adams St., Peoria, IL (the “Sponsor” or “Caterpillar”).
3. Who Can Enter: To be eligible for the Promotion, an individual must:
(a) be a legal resident of: (i) one of the fifty (50) United States (excluding the states of Florida, New York, and Rhode Island, excluding Puerto Rico and the US Territories and Possessions), (ii) the District of Columbia or (iii) Canada (excluding the province of Quebec);
(b) be 18 years of age or older (in respect of United States residents) or be of the age of majority or older in the province or territory of residence (in respect of Canadian residents); and
(c) be authorized by a business that is not publicly traded on any stock market or exchange and excluding any competitors of Sponsor (“Business”) with a taxpayer identification number (“Tax ID Number”) to enter the Promotion on behalf of the Business. An Entrant (as defined below) is entering on behalf of the Business and therefore must have authority to enter on behalf of the Business.
Employees of Caterpillar and its parents, agents, subsidiaries, and affiliated companies, divisions, dealers, attorneys, advertising and promotion agencies including, without limitation, Simantel Group, Ltd. (“Simantel”), its employees, and the immediate family members and household members of any of the above, are not eligible to participate in this Promotion.
The Sponsor shall have the right at any time to require proof of identity and/or eligibility to participate in the Promotion. Failure to provide such proof may result in disqualification. All personal and other information requested by, and supplied to, the Sponsor for the purpose of the Promotion must be truthful, complete, accurate and in no way misleading. The Sponsor reserves the right, in its sole discretion, to disqualify any Entrant should such an Entrant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information. The Promotion is subject to all federal, state, local, provincial and municipal laws. The law of the State of Illinois governs this Promotion.
4. How to Enter:
(a) There is no purchase necessary to enter the Promotion. To enter this Promotion, persons eligible to enter the Promotion are to log on to www.buildyoursuccess.com (the “Promotion Website”) and complete the Caterpillar Build Your Success Promotion entry form with the Entrant’s full legal name, complete mailing address, e-mail address (if any), daytime telephone number, and such additional information request by the entry form on the Promotion Website. The entry form submitted and selection of the submission button after login by the Entrant as described above is referred to herein as an “Entry” and all such entries are collectively referred to as the “Entries”. Each Entry will be submitted via the Promotion Website. The Entries must be submitted between 5:00:01 p.m. CT on January 6, 2014 and 4:59:59 p.m. CT on March 31, 2014 (the “Promotion Period”) after which time the Promotion will be closed and no further Entries shall be accepted. Any person who desires to submit an Entry must provide all information required by these Official Rules in order to have his/her Entry entered into the Promotion. Each Entrant must also consent to, and abide by the disclaimer that the Entrant will be prompted to review at the time of submission of his/her Entry. All persons that submit an Entry in accordance with these Official Rules shall be referred to as an “Entrant” or collectively as the “Entrants”.
(b) As indicated below, each Prize will be awarded to one (1) Entrant per fleet size class. For purposes of this Promotion, each business will be designated to be in one of the following fleet size classes (each a "Fleet Size Class" and collectively the "Fleet Size Classes"): Fleet Size Class A – each business that owns less than three (3) machines or power systems; Fleet Size Class B – each business that owns at least four (4) but not more than ten (10) machines or power systems; Fleet Size Class C – each business that owns at least eleven (11) but not more than twenty (20) machines or power systems; Fleet Size Class D – each business that owns at least twenty-one (21) but not more than fifty (50) machines or power systems; and Fleet Size Class E – each business that owns fifty-one (51) or more machines or power systems.
(c) All Entries become the sole property of the Sponsor and none will be returned for any reason.
(d) Lost, late, incomplete, stolen, misdirected, corrupted or illegible Entries are void and will not be considered. Any disputes regarding ownership of any Entry will be resolved by the Sponsor in its sole discretion.
(e) Limit of one (1) Entry per person, per day during the Promotion Period. Although more than one person may enter the Promotion on behalf of the same Business, in accordance with Section 6(c), each Business may only win one (1) Prize (as defined below) regardless of the number of Entrants submitting an Entry on behalf of that Business
(f) Entries received online shall be deemed to be submitted by the authorized account holder of the e-mail address associated with the Entry. For the purpose of these Official Rules, “authorized account holder” of an e-mail address is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Each selected Entrant may be required to provide the Sponsor with proof that the selected Entrant is the authorized account holder of the e-mail address associated with the winning entry.
(a) There will be five (5) prizes (each, a “Prize” and collectively, the “Prizes”) available to be won by the winners (each a “Winner” and collectively, the “Winners”):
(i) One (1) Winner with a Fleet Size Class A will be awarded one (1) Cat Commercial Account Card that contains Twenty Thousand and 00/100 Dollars ($20,000) of credit. Said Prize has an approximate value of $20,000.00;
(ii) One (1) Winner with a Fleet Size Class B will be awarded one (1) Cat Commercial Account Card that contains Twenty Thousand and 00/100 Dollars ($20,000) of credit. Said Prize has an approximate value of $20,000.00;
(iii) One (1) Winner with a Fleet Size Class C will be awarded one (1) Cat Commercial Account Card that contains Twenty Thousand and 00/100 Dollars ($20,000) of credit. Said Prize has an approximate value of $20,000.00;
(iv) One (1) Winner with a Fleet Size Class D will be awarded one (1) Cat Commercial Account Card that contains Twenty Thousand and 00/100 Dollars ($20,000) of credit. Said Prize has an approximate value of $20,000.00; and
(v) One (1) Winner with a Fleet Size Class E will be awarded one (1) Cat Commercial Account Card that contains Twenty Thousand and 00/100 Dollars ($20,000) of credit. Said Prize has an approximate value of $20,000.00.
(b) The aggregate approximate value of all the Prizes is $100,000.
(c) Winners are not entitled to any monetary difference between the actual Prize value and the stated approximate Prize value, if any.
(d) In addition to being awarded a Prize, each Winner will be offered a formal consultation, business assessment, and review of recommendations with the Winner's local Caterpillar dealer to be conducted at a time and location agreed upon by the Winner and the local Caterpillar dealer in the event the Winner elects to accept the offer for a consultation and assessment.
(e) All Prizes will be delivered to each Winner by commercial courier selected the Sponsor to the address and attention of the winning Entrant, after the respective winner has been successfully contacted and notified of his/her Prize and fulfilled the requirements set forth herein.
(f) The Sponsor shall not be responsible for delivery of any Prizes to any location other than to the location and person's attention identified by the Winner in the respective Entry.
(g) Each Winner must comply with these Official Rules.
(h) The Prizes must be accepted as awarded and cannot be split, transferred, assigned, substituted or redeemed for cash, except in the sole discretion of the Sponsor. The Sponsor reserves the right, in its sole discretion, to substitute a prize of equal or greater value if a Prize (or any portion thereof) cannot be awarded for any reason.
(i) The Sponsor shall not assume any liability for lost, damaged or misdirected Prizes.
(j) The Sponsor shall not be liable for any portion of a Prize that is prohibited from being provided due to unforeseen circumstances including, but not limited to, acts of God beyond Sponsor’s reasonable control.
(k) The Sponsor shall not be responsible for any Prize lost by any delivery method selected by the Sponsor to deliver any portion of the Prize including, but not limited to, delivering any portion of the Prize to the incorrect address or location.
(l) EACH WINNER IS SOLELY RESPONSIBLE FOR ANY AND ALL FEDERAL, STATE OR LOCAL TAXES DUE ON ANY PRIZE OR INCURRED AS A RESULT OF WINNING A PRIZE.
6. Winner Selection:
(a) The Winners shall be selected as follows: on or about April 11, 2014, one (1) Entrant for each Fleet Class Size will be selected by a random draw from all eligible Entries received during the Promotion Period. Eligible entries will be separated by Fleet Size Class with one (1) Entrant selected from each Fleet Class being awarded the Prize identified in Section 5 above, per Fleet Class Size.
(b) Each Entrant may only win one (1) Prize.
(c) Each Business may only win one (1) Prize regardless of the number of Entrants submitting an Entry on behalf of said Business.
(d) No more than the stated number of prizes will be awarded.
(e) The odds of winning depend upon the total number of eligible Entries received by each respective participating Dealer.
(f) Each Entrant shall be entered into the Promotion being conducted solely with respect to the Fleet Class for which the Business is deemed to be in accordance with the Fleet Classes identified above.
(g) Before being declared a Winner, if the Entrant selected is a Canadian resident, he or she shall be required to correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question to be administered during a pre-arranged telephone call or by e-mail.
(h) Before being declared a Winner, the Entrant selected must comply with these Official Rules (including the eligibility requirements) and sign and return an official the Affidavit and Release (described below).
7. Winner Notification: The week following the selection of the Winners of the Prizes, each Winner will be notified by electronic mail and/or telephone using the information provided in his or her Entry. Notification will be attempted a minimum of five (5) times. If any selected Entrant does not respond to the notification within six (6) business days of the final attempted contact; if the contact information provided is non-operative or non-operational; or if the selected Entrant is unwilling or unable to accept the Prize offered, the Prize will be forfeited and an alternative Entrant will be randomly selected and deemed the Winner.
8. Agreement to Official Rules: Participation in the Promotion constitutes the Entrant's full and unconditional agreement and acceptance of these Official Rules. Winning a Prize is contingent upon fulfilling all requirements set forth herein.
9. Identification of Winner: The Winners shall be announced on the Promotion Website on or about May 1st and shall remain posted there for a minimum of thirty (30) days.
10. Terms and Conditions: All Entries become the exclusive property of the Sponsor and will not be returned or acknowledged. Proof of Entry submission does not equate to proof of receipt. This Promotion is subject to all federal, state, provincial and local laws and regulations. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. No correspondence will be entered into by the Sponsor and any Entrant. The Sponsor, its parents, subsidiaries, limited liability or affiliated companies, any of their respective employees, shareholders, directors, officers, members, personnel, agents, assigns, advertising and promotional agencies, including without limitation Simantel, shall not be responsible for: (1) Entries, Prize claims or notifications that are not received by the intended recipient, in whole or in part, due to computer or technical malfunction, or human error of any kind; (2) telephone, electronic, hardware, software, network, Internet or computer or communications malfunctions, failures or difficulties, including public utility or telephone outages, omissions, interruptions, deletions or defects of any telephone system or network, computer online systems, computer equipment, servers or service providers; (3) typographical, printing or other errors, or any combination thereof; (4) inability to access the Promotion Website or any Web pages of the Sponsor; (5) theft, tampering, destruction, or unauthorized access to, or alteration of, Entries; (6) data that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any service provider’s facilities, or any phone site or Web site or for any other reason whatsoever; or (7) any injury or damage to Entrant’s or any other person’s computer relating to or resulting from participation in this Promotion. If for any reason this Promotion is not capable of being conducted as planned; or if this Promotion is not conducted due to technical malfunctions including any computer or technical systems (or any portion thereof) becoming corrupted or does not allow the proper conduct of the Promotion and/or processing of entries in accordance with these Official Rules for any reason; or if infection by a computer (or similar) virus, bugs, tampering, unauthorized intervention, actions by Entrants, fraud, technical failures, or any other causes, in the sole opinion of the Sponsor, corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion, the Sponsor reserves the right, in its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, modify or suspend this Promotion, or any portion thereof, without obligation, and select the Winners in a random drawing from among all eligible Entries received prior to or after (as appropriate) the action taken by the Sponsor. If such cancellation, termination, modification or suspension of this Promotion occurs, notification will be posted at the Promotion Website. Any individual’s use of robotic, automatic, scripted, programmed or similar entry methods will void all Entries by that individual. The Sponsor reserves the right in its sole discretion to disqualify any Entry or Entrant that it deems to have violated or attempted to violate any of these Official Rules, or attempt to interfere with the Promotion in any manner. Any attempt by an Entrant or any other individual to deliberately damage any phone service site or Web site or undermine the legitimate operation of this Promotion is a violation of criminal and/or civil laws, and should such an attempt be made, the Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
11. Limitation of Liability / Publicity: By entering the Promotion, each Entrant (i) acknowledges compliance with these Official Rules, including all eligibility requirements; (ii) agrees to be bound by the decisions of the Sponsor, which are final and binding in all respects; (iii) agrees that the Sponsor has sole discretion to resolve any disputes as it sees fit; and (iv) agrees that neither the Entrant nor his/her heirs, successors, or assigns will assert any claim related to damages, losses or injuries against the Sponsor or its related corporations, parents, subsidiaries, franchisees, advertising or promotion agencies, including without limitation Simantel, attorneys, Prize providers and affiliated entities, and each of their parents, subsidiaries, limited liability companies, affiliates and each of their respective employees, shareholders, directors, officers, members, personnel, agents and assigns. The Sponsor and its related corporations, parents, subsidiaries, limited liability and affiliate companies, franchisees, advertising and promotion agencies, including without limitation Simantel, attorneys, Prize providers and affiliated entities: (i) make no warranty, guaranty or representation of any kind concerning any Prize; (ii) disclaim any implied warranty; (iii) are not in any way responsible or liable for damage, loss or injury of any kind including, but not limited to death or bodily harm, actually or allegedly arising from entry into the Promotion or acceptance and/or use of any Prize; (iv) disclaim any responsibility for any actual or alleged loss (financial or otherwise), injury or damage to persons or property which may be caused directly or indirectly, in whole or in part, from downloading any material from any website, regardless of whether the material was prepared by the Sponsor or a third party, and regardless of whether the material is connected to the website by a hypertext link; and (v) disclaim any liability for the termination, suspension or modification of the Promotion for any reason or through the acts or defaults of any company or person fulfilling any portion of the Prize. By accepting a Prize, each Winner consents to the use of his/her, and that of the Business upon who's behalf the entry was submitted, name, photograph, likeness, voice, and biographical information for publicity or advertising purposes without further notice or compensation, to the extent permitted by law.
12. Release Indemnity: By participating in the Promotion, all Entrants, including without limitation each Winner, agree to release and hold harmless the Sponsor and its parent, subsidiaries, limited liability and affiliate companies, its advertising and promotional agencies, including without limitation Simantel, and each of their respective employees, shareholders, directors, officers, members, personnel, agents, attorneys and assigns (collectively, the “Releasees”) from any and all damages, injuries, claims, causes of action, or losses of any kind resulting in whole or in part, directly or indirectly, from such Entrant's participation in the Promotion, any breach of these Official Rules, or acceptance, possession, use or misuse of any Prize, including without limitation: personal injury, death, property damage, defamation, infringement of intellectual property rights, and claims based on the rights of publicity and privacy. THIS LIMITATION OF LIABILITY IS A COMPREHENSIVE LIMITATION OF LIABILITY OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES; LOSS OF DATA; INCOME; OR PROFIT; LOSS OR DAMAGE TO PROPERTY; CLAIMS OF THIRD-PARTIES, AND ANY OTHER DAMAGES, AND THE RIGHT TO HAVE ANY DAMAGES MULTIPLIED OR OTHERWISE INCREASED. The Entrant further agrees to fully indemnify the Releasees from any and all claims by third parties relating to the Promotion, without limitation.
13. Winner Affidavit and Release. Each Winner will be required to execute an affidavit and release (the “Affidavit and Release”) that confirms each Winner’s: (i) eligibility for the Promotion and compliance with these Official Rules; (ii) acceptance of the Prize as offered; (iii) release of the Sponsor and its parent companies, subsidiaries, affiliates and/or related companies and each of their employees, directors, officers, suppliers, agents, sponsors, administrators, licensees, representatives, advertising, media buying and promotional agencies, including without limitation Simantel, from any and all liability for any loss, harm, damages, cost or expense arising out of participation in the Promotion, participation in any Promotion-related activity or the acceptance, use, or misuse of any prize, including but not limited to costs, injuries, losses related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light, or from any and all claims of third parties arising therefrom; and (iv) grant to the Sponsor the unrestricted right, in the Sponsor’s sole discretion, to produce, reproduce, publish, reproduce, convert, broadcast, communicate by telecommunication, exhibit, distribute, translate, adapt and otherwise use and re-use each Winner’s name, photographs, likeness, voice and biography in any and all media now known or hereafter devised, in connection with the Promotion and the promotion and exploitation thereof. The executed Affidavit and Release must be returned within ten (10) days of the verification as a Winner or the selected Entrant will be disqualified and the prize forfeited.
15. Dispute Resolution: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligation of the Entrant and the Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Illinois without giving effect to any choice of law or conflict of law rules (whether of the State of Illinois or any other jurisdiction). Any and all disputes, claims and causes of action arising out of or connected with this Promotion, or the prize(s) awarded, shall be resolved individually, without resort to any form of class action. All claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event shall include attorney's fees. The sole proper venue for the resolution of any dispute shall be the State of Illinois, County of Peoria and each Entrant hereby consents to the jurisdiction of the courts located therein.
16. Parties not affiliated with Promotion: Simantel and its subsidiaries, are not sponsors of this Promotion and are not responsible for providing any Prize to be awarded.
17. Trademark/Copyright: All content on the Promotion Website, including text, graphics, logos, button icons, images, video clips and audio clips (collectively “Content”), the compilation of the Content (meaning its collection, arrangement and assembly) and all software used on or in the Promotion Website are the property of either the Sponsor, its respective affiliates, or third parties that have licensed content and software for use on the Promotion Website. No license is granted for any further use of any of these trademarks, service marks or logos. All content and software are protected by U.S. and international copyright laws. All content and other copyrightable material may be used only as provided in these Official Rules. All rights not expressly granted in these Official Rules are reserved.
18. Termination. The Sponsor reserves the right, in its sole discretion, to terminate the Promotion, in whole or in part, and/or modify, amend or suspend the Promotion, and/or the Official Rules in any way, at any time, for any reason without prior notice.
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