TERMS AND CONDITIONS
1) Giveaway Administrator: The Cat® Construction Australia Jack Miller Giveaway is (hereinafter referred to as the “Giveaway”) is administered by Caterpillar of Australia Pty Ltd, 1 Caterpillar Dr Tullamarine, VICTORIA, 3043 Australia (the “Administrator” or “Caterpillar”) for its own benefit.
2) Who Can Enter: To be eligible to participate in the Giveaway, an individual must by physically located in Australia at the time of entry and, if applicable, at the time any awarded prize is collected.
Officers, directors and employees, including their immediate or household members, of:
i) Caterpillar or any of its related bodies corporates (“Caterpillar Group”);
ii) Any authorised dealer of Caterpillar Group products or services; and
iii) DPR & Co Limited or any of its related bodies corporates,
and any other persons involved in any way in conducting the draw, are not eligible to participate in this Giveaway.
3) The Administrator shall have the right at any time to require proof of identity and/or eligibility to participate in the Giveaway. Failure to provide such proof may result in disqualification. All personal and other information requested by, and supplied to, the Administrator for the purpose of the Giveaway must be truthful, complete, accurate and in no way misleading. The Administrator reserves the right, in its sole discretion, to disqualify any Entrant (as that term is defined below) should such an Entrant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information, or otherwise fail to comply with the rules set out in these terms and conditions. The Giveaway is subject to all applicable laws.
4) How to Enter:
a) There is no purchase necessary to enter the Giveaway. To enter this Giveaway, persons eligible to enter the Giveaway are to follow the Cat® Construction Australia Facebook page and complete the giveaway form available on that page, in accordance with all the instructions set out on the page. Each Entry must be submitted via the Cat Construction Australia Facebook page and will be referred to in this document as an “Entry” or collectively as the “Entries”.
b) For the avoidance of any doubt, in addition to these terms and conditions, each entrant’s use of Facebook is subject to any other applicable terms and conditions, including as to privacy, relevant to the access and use of Facebook (“Facebook T&Cs”). Caterpillar and its related bodies corporate, and each of their officers, directors and employees, disclaims any and all responsibility for any costs, damages or liabilities arising out of an Entrants access to or use of Facebook, or the Facebook T&Cs.
c) Entries must be submitted between 12:00:01 a.m. Australian Eastern Standard Time (AEST; UTC+10:00) on August 1, 2023 and 11:59:59 p.m. AEST on August 14, 2023 (the “Giveaway Period”) after which time the Giveaway will be closed and no further Entries shall be accepted.
d) Each person who submits an Entry agrees that they have reviewed, and agree and consent to, and will at all times comply with, these terms and conditions. All persons that submit an Entry in accordance with these terms and conditions shall be referred to as an “Entrant” or collectively as the “Entrants”.
e) Lost, late, incomplete, inaccurate, stolen, misdirected, corrupted or illegible (for example, because they don’t comply with these terms and conditions). Entries, or entries that are otherwise not received by Caterpillar, are void and will not be considered. Any disputes regarding ownership of any Entry will be resolved by the Administrator in its sole discretion.
f) Limit of one (1) entry per person during the Giveaway Period.
g) 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 terms and conditions, “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 Administrator with proof that the selected Entrant is the authorized account holder of the e-mail address associated with the winning entry.
h) Caterpillar may at any time and for any reason, in its sole and absolute discretion, cancel the Giveaway in which case no Entrants will be eligible for any prizes, and Caterpillar will have no liability whatsoever in connection with the Giveaway.
5) Prizes to be Awarded:
a) There will be one (1) autographed framed poster of estimated value of AUD210, (1) autographed pair of racing gloves of estimated value of AUD500 and fifty (50) prizes of equal value of AUD20 (each a “Prize” and collectively the “Prizes”) available to be won by eligible Entrants that enter the Giveaway, with one prize to be awarded to each winner.
b) Winning Entries (“Winners”) shall be selected by random draw from the total number of eligible Entries received via a random number generator on a spreadsheet after the closing date by Caterpillar. Each Entrant agrees to be bound by the decisions of the Administrator, which are final and binding in all respects.
c) The Administrator shall not be responsible for delivery of any Prize to any location other than to a location in Australia and to such person’s attention as are identified by each Winner in the Winner’s Entry.
d) The Prize must be accepted as awarded and cannot be split, transferred, assigned, substituted or redeemed for cash, except in the sole discretion of the Administrator. The Administrator reserves the right, in its sole discretion, to substitute an alternate prize of equal or greater value if the Prize (or any portion thereof) cannot be awarded for any reason.
e) The Administrator shall not assume any liability for a lost, damaged or misdirected Prize.
f) The Administrator shall not be liable if the Prize cannot reasonably be provided due to unforeseen circumstances including, but not limited to, acts of God and other circumstances beyond Administrator‘s reasonable control.
g) EACH WINNER IS SOLELY RESPONSIBLE FOR ANY AND ALL APPLICABLE TAXES AND DUTIES DUE ON THE PRIZE OR INCURRED AS A RESULT OF WINNING A PRIZE.
7) Winner Notification: The Winner will be notified by electronic mail within 7 days of the draw being conducted on August 15, 2023 at 1 Caterpillar Dr Tullamarine, VICTORIA, 3043 Australia. Names of each Winner will also be published on www.cat.com/en_AU.html in September 2023, and may be provided to government authorities as required by law and, by submitting an entry, each Entrant consents to their name being published in this manner. The Winner may be required to provide additional information for the disbursement of the Prize. Notification will be attempted by Administrator a maximum of two (2) times. If the selected Entrant winner does not respond, including by providing any additional information requested by Caterpillar, to the notification within three months of the final notification; 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.
8) Agreement to these terms and conditions: Participation in the Giveaway constitutes the Entrant’s full and unconditional agreement and acceptance of these terms and conditions. Receiving a Prize is contingent upon fulfilling all requirements set forth herein.
9) Other Terms and Conditions: The invalidity or unenforceability of any provision of these terms and conditions shall not affect the validity or enforceability of any other provision.
10) Disclaimer:
a) The Administrator and its related bodies corporate, as well as any of their respective employees, shareholders, directors, officers, members, personnel, agents, assigns, advertising and promotional agencies, including without limitation DPR & Co Ltd, 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 Cat Construction Australia Facebook form or any Web pages of the Administrator; (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 Giveaway. If for any reason this Giveaway is not capable of being conducted as planned; or if this Giveaway 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 Giveaway and/or processing of entries in accordance with these terms and conditions 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 Administrator, corrupts or affects the administration, security, fairness, integrity or proper conduct of this Giveaway, the Administrator reserves the right, in its sole discretion, to disqualify the Entrant or any other individual implicated in such action and/or to cancel, terminate, modify or suspend this Giveaway, or any portion thereof, without obligation. If such cancellation, termination, modification or suspension of this Giveaway occurs, notification will be posted at the Cat Construction Australia Facebook page. Any individual’s use of robotic, automatic, scripted, programmed or similar entry methods will void all Entries by that individual. The Administrator 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 terms and conditions, or attempt to interfere with the Giveaway 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 Giveaway is a violation of criminal and/or civil laws, and should such an attempt be made, the Administrator reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. The Administrator’s failure to enforce any term of these terms and conditions shall not constitute a waiver of that provision.
b) The Administrator and its related bodies corporate: (i) make no warranty, guarantee 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 Giveaway 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 Administrator 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 Giveaway for any reason or through the acts or defaults of any company or person fulfilling any portion of the Prize.
11) Release/Indemnity/Limitation of liability:
a) To the extent permitted by applicable law, by participating in the Giveaway, all Entrants, including without limitation all Winners, agree to release and hold harmless the Administrator and Facebook, and their related bodies corporate, and each of their officers, directors, employees, contractors and agents, (all such individuals and entities collectively referred to herein as 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 Giveaway, any breach of these terms and conditions, 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.
b) To the extent permitted by law, and without intending in any way to reduce, limit or narrow the application or operation of the release and hold harmless provision in paragraph a), the Releasees shall not under any circumstances be liable for any lost profits or any consequential or indirect losses or damages.
12) Claim Form. As a pre-condition of receiving a Prize, each Winner may be required to complete, sign and deliver to Caterpillar a claim form (the “Claim Form”) that, among other things, confirms the Winner’s: (i) eligibility for the Giveaway and compliance with these terms and conditions; (ii) acceptance of the Prize as offered; (iii) release of Caterpillar, its related bodies corporate and any other Releasees in accordance with these terms and conditions; and (iv) grant to the Administrator the unrestricted right, in the Administrator’s sole discretion, to produce, reproduce, publish, convert, broadcast, communicate by telecommunication, exhibit, distribute, translate, adapt and otherwise use and re-use the Winner’s name, photographs, likeness, voice and biography in any and all media now known or hereafter devised, in connection with the Giveaway and the promotion and exploitation thereof. The completed Claim Form, if required, must be returned within three (3) months of the verification as a Winner or the selected Entrant will be disqualified, and the Prize forfeited.
13) Privacy: By participating in the Giveaway, each Entrant (i) grants to the Administrator and its respective authorized agents and the Caterpillar Group the right to use his/her name, address, telephone number, e-mail address, and such other information provided in connection with registering for the Giveaway (“Personal Information”) for the purposes of administering the Giveaway including, but not limited to, contacting and announcing the Winners and fulfilling the award of the Prizes; (ii) grants to the Administrator the right to use and share (including with the Caterpillar Group’s dealer network) his/her Personal Information for publicity and promotional purposes relating to the Giveaway, in any and all media now known or hereafter devised, without further compensation unless prohibited by law; and (iii) authorizes Administrator to send to the Entrant additional promotional correspondence, subject to a right to “opt out” and cease all future additional promotional correspondence, and (iv) acknowledges that the Administrator may disclose his/her Personal Information to third-party agents and service providers , affiliates, including Caterpillar Inc. in the United States of America, of the Administrator in connection with any of the activities listed in (i), (ii) and (iii) above. Personal information will otherwise not be sold; shared or disclosed in any manner or for any other purposes by the Administrator or any related entities, unless Entrant has otherwise agreed. The Sponsor will process the Entrant’s Personal Information in a manner that is consistent with the Administrator’s Global Data Privacy Statement, located at http://www.caterpillar.com/dataprivacy, as may be updated from time to time.
14) Dispute Resolution: All issues and questions concerning the construction, validity, interpretation and enforceability of these terms and conditions, or the rights and obligation of the Entrant and the Administrator in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of Victoria, Australia. The sole proper venue for the resolution of any dispute shall be the State of Victoria, Australia and each Entrant hereby consents to the jurisdiction of the courts located therein.
15) Parties not affiliated with Giveaway: None of the following are affiliated with this Giveaway: DPR & Co Ltd, its subsidiaries, if any, nor any of the following social media platforms: Facebook®, Instagram®, LinkedIn®, and Twitter®; and none of the foregoing are Administrators of this Giveaway and therefore are not responsible for providing any Prize to be awarded. Without limiting the preceding sentence, this Giveaway is in no way sponsored, endorsed, administered by or associated with Facebook.
16) Trademark/Copyright: All Content on the Giveaway Website, any Facebook® page, , 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 Giveaway Website, any Facebook® page, or any Twitter® messages, Instagram® posts, and/or LinkedIn® shares or posts are the property of either the Administrator, its respective affiliates, or third parties that have licensed Content and software for use on the Giveaway Website, Facebook® page, or Twitter® messages, Instagram® posts, and/or LinkedIn® shares or posts. No license is granted for any further use of any of these trademarks, service 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 terms and conditions. All rights not expressly granted in these terms and conditions are reserved.
17) Termination. The Administrator reserves the right, in its sole discretion, to terminate the Giveaway, in whole or in part, and/or modify, amend or suspend the Giveaway, and/or the terms and conditions in any way, at any time, for any reason without prior notice.
© 2023 Caterpillar, Inc. All Rights Reserved.
