Official Terms And Conditions For This Promotion*

The Cat® Prepaid Credit Giveaway For Cat Owners Club Sign-ups Promotion

*(The Cat Prepaid Credit Rules Are Found At cat.com/catcardrewards)

NO PURCHASE NECESSARY TO ENTER OR WIN PROMOTION.  A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.  OPEN TO ALL LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA (EXCLUDING (A) INDIVIDUAL RESIDENTS OF FLORIDA, NEW YORK, RHODE ISLAND, PUERTO RICO, OR THE U.S. TERRITORIES AND POSSESSIONS, AND (B) ENTITIES WHO ARE FORMED IN OR ARE CONSIDERED DOMICILED IN FLORIDA, NEW YORK, RHODE ISLAND, PUERTO RICO, OR THE U.S. TERRITORIES AND POSSESSIONS). U.S. RESIDENTS MUST BE AT LEAST THE AGE OF MAJORITY IN THEIR STATE OR DISTRICT AND PHYSICALLY LOCATED AND RESIDE IN THE UNITED STATES OR DISTRICT OF COLUMBIA (EXCLUDING (I) INDIVIDUAL RESIDENTS OF FLORIDA, NEW YORK, RHODE ISLAND, PUERTO RICO, OR THE U.S. TERRITORIES AND POSSESSIONS). THIS PROMOTION IS VOID IN FLORIDA, NEW YORK, RHODE ISLAND, PUERTO RICO, THE U.S. TERRITORIES AND POSSESSIONS AS WELL AS WHERE PROHIBITED OR RESTRICTED BY LAW OR REGULATION.  THE PROMOTION IS SUBJECT TO ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS. THIS PROMOTION IS SUBJECT TO ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS.  THE LAWS OF THE STATE OF ILLINOIS GOVERN THE TERMS OF THIS PROMOTION.

FACEBOOK®, INSTAGRAM®, LINKEDIN®, AND TWITTER®ARE NOT SPONSORS OF THIS PROMOTION AND THE PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK®, INSTAGRAM®, LINKEDIN®, AND TWITTER®.

 

  1. Promotion Sponsor: The Cat® Prepaid Credit Giveaway for Cat Owners Club Sign-ups Promotion (the “Promotion”) is sponsored by Caterpillar Inc., 510 Lake Cook Road, Suite 100, Deerfield, Illinois 60015 (“Sponsor” or “Caterpillar”).

  2. How to Enter; Who May Enter:
    • There is no purchase necessary to enter or win the Promotion. To enter the Promotion, a Customer (as defined below) must during the period beginning on and including April 15, 2022 through and including June 30, 2022 (the “Promotion Period”) either (a) complete the registration process located at https://www.cat.com/en_US/by-industry/construction-industry-resources/for-owners-signup.html (the “Registration Site”) to become a member of the Cat Owners Club (such registration being, an “Electronic Entry”), or (b) legibly write or type their full name, e-mail address, complete mailing address and daytime telephone number on a plain 3x5 card and send it to Caterpillar Inc., Attn: Cat® Owners Club Sign-ups Promotion,  501 South Jefferson Street, Peoria, Illinois 61630 (“Mail-in Entry”), to be entered into a sweepstakes for a Cat Prepaid Credit of U.S. Five Thousand Dollars ($5,000.00) (“Cat Prepaid Credit”) that can be used for the purchase of Cat parts, service, work tools, or rentals at any participating Cat dealer or Cat rental store location in the United States of America. Electronic Entries and the Mail-in Entries as described above are each referred to herein as an “Entry” and all such entries are collectively referred to as the “Entries”.

    • A “Customer” is defined as (1) an individual who (a) is a legal resident of and physically located in one of the fifty (50) United States (excluding residents of or those located in Florida, New York, Rhode Island, Puerto Rico, or the U.S. Territories and Possessions), or the District of Columbia, (b) be at least the age of majority in their state or district of residency, (c) owns at least one piece of Cat equipment that is not primarily used for personal, family or household use; and (d) signs up for the Cat Owners Club with a valid serial number for the first time during the Promotion Period or (2) a legal entity which (a) is formed in or considered to be domiciled in one of the fifty (50) United States (excluding entities formed or domiciled in Florida, New York, Rhode Island, Puerto Rico, or the U.S. Territories and Possessions), or the District of Columbia, (b) has the legal capacity to participate in the Promotion, (c) owns at least one piece of Cat equipment that is not primarily used for personal, family or household use; and (d) signs up for the Cat Owners Club with a valid serial number for the first time during the Promotion Period. In the event one or more representatives complete the registration form on behalf of the same legal entity (or any affiliated entity), the legal entity shall be deemed the sole Customer rather than each registered representative being deemed a separate Customer. Officers, directors and 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”), and the immediate family members and household members of any of the above, are not eligible to participate in this Promotion. Customers may not register with multiple names, email addresses or other information nor register multiple times in an attempt to obtain more than one entry in relation to this Promotion.

    • All communications, registration forms, and other information sent to Sponsor from a Customer become the sole property of Sponsor and will not be returned for any reason. Customer's completion of the registration form shall constitute said Customer’s consent and agreement to these Terms and Conditions. By signing up via the registration process, Customer is also agreeing to the particular terms which are included in such registration process. These terms may include Caterpillar, affiliated companies or persons from the Caterpillar dealership network contacting Customer for the purposes defined in such registration process. 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.

  3. Winner Selection:
    • The Winner shall be selected by random draw from the total number of eligible Entries received during the Promotion Period with a Drawing Date of July 12, 2022.

    • No more than the stated number of prizes will be awarded.

    • The odds of winning depend upon the total number of eligible Entries received during the Promotion Period in accordance with Section 2.

    • Before being declared a Winner, the Entrant selected must comply with these Official Rules (including the eligibility requirements).  Additionally, a Winner may be required to execute an affidavit and release (the “Affidavit and Release”) that confirms the 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 the 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, if required, must be returned within ten (10) days of the verification as a Winner or the selected Entrant will be disqualified and the Prize forfeited.

  4. Winner Notification: The Winner will be notified by electronic mail and/or telephone using the information provided in his or her Entry. If the selected Entrant winner does not respond to the notification within six (6) business days 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 and an alternative Entrant from all of the remaining eligible Entrants will be randomly selected and deemed the Winner.

  5. Cat Prepaid Credit:
    • Only one (1) Cat Prepaid Credit with a value of U.S. Five Thousand Dollars ($5,000.00) will be awarded as a prize for this Promotion.

    • The Cat Prepaid Credit will be delivered as a certificate to Customer by electronic mail to the e-mail address provided by Customer during the completion of the registration form. Customer will receive their Cat Prepaid Credits 4-6 weeks following the acceptance of the Prize.

    • Sponsor shall not be responsible for delivery of Cat Prepaid Credit to any e-mail address other than the e-mail address provided by Customer at the time of registration.

    • One Cat Prepaid Credit in relation to this Promotion will be provided to one Customer that completes the online registration form in accordance with Section 2.

    • Sponsor shall not be responsible for any Cat Prepaid Credits lost by any delivery method selected by Sponsor including, but not limited to, delivering the Cat Prepaid Credits to the incorrect e-mail address.

    • Cat Prepaid Credits are not redeemable for cash. See the Rules for Cat Prepaid Credits for a complete statement of the rules governing Cat Prepaid Credit (located at cat.com/catcardrewards).

    • Each Customer is solely responsible for any and all federal, state or local taxes due as a result of receiving the Cat Prepaid Credit.

    • Cat Prepaid Credits issued during the Promotion Period will be active 1 year from the date of issuance (active for 12 months.)

  6. Agreement to Official Terms and Conditions: Completion of the above referenced online registration form found on the Registration Site constitutes Customer's full and unconditional agreement and acceptance of these Official Terms and Conditions. Receiving a Cat Prepaid Credit is contingent upon acceptance of these Official Terms and Conditions as well as upon fulfilling all requirements set forth herein. Please visit cat.com/catcardrewards for a complete statement of the Cat Prepaid Credit Rules.

  7. Additional Terms and Conditions: The invalidity or unenforceability of any provision of these Official Terms and Conditions shall not affect the validity or enforceability of any other provision. No correspondence regarding the Promotion will be entered into by Sponsor and any Customer, other than as described herein. Sponsor, its parents, subsidiaries, limited liability or affiliated companies, any of their respective employees, shareholders, directors, officers, members, personnel, agents, assigns and advertising and promotional agencies shall not be responsible for: (1) 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 Sponsor's website or form; (5) theft, tampering, destruction, or unauthorized access to, or alteration of, information submitted; (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 Customer’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 submissions in accordance with these Official Terms and Conditions for any reason; or if infection by a computer (or similar) virus, bugs, tampering, unauthorized intervention, actions by Customers, fraud, technical failures, or any other causes, in the sole opinion of Sponsor, corrupts or affects the administration, security, integrity or proper conduct of this Promotion, 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 for further action. If such cancellation, termination, modification or suspension of this Promotion occurs, notification will be posted at Sponsor's Website. Sponsor reserves the right in its sole discretion to disqualify any Customer that it deems to have violated or attempted to violate any of these Official Terms and Conditions or attempt to interfere with the Promotion in any manner. Any attempt by a Customer 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, Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Terms and Conditions shall not constitute a waiver of that provision.

  8. Limitation of Liability / Publicity: By entering the Promotion, each Customer (i) acknowledges compliance with these Official Terms and Conditions; (ii) agrees to be bound by the decisions of Sponsor in interpreting these Official Terms and Conditions, which are final and binding in all respects; (iii) agrees that Sponsor has sole discretion to resolve any disputes as it sees fit; and (iv) agrees that neither the Customer nor his/her/its heirs, successors, or assigns will assert any claim related to damages, losses or injuries against either Sponsor or its related corporations, parents, subsidiaries, franchisees, advertising or promotion agencies, attorneys, suppliers 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, successors and assigns. Sponsor and its related corporations, parents, subsidiaries, limited liability and affiliate companies, franchisees, advertising and promotion agencies, attorneys, suppliers, providers and affiliated entities: (i) make no warranty, guaranty or representation of any kind concerning any Cat Prepaid Credits or their intended use; (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 Cat Prepaid Credits; (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 Sponsor or a third party, and regardless of whether the material is connected to Sponsor's Website by a hypertext link; and (v) disclaim any liability for either the termination, suspension or modification of the Promotion for any reason or through the acts or defaults of any company or person supplying the Cat Prepaid Credits.

  9. Release Indemnity: By participating in the Promotion, all Customers, agree to release and hold harmless Sponsor and its parent, subsidiaries, limited liability and affiliate companies, Cat dealers, its advertising and promotional agencies, 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 Customer's participation in the Promotion, any breach of these Official Terms and Conditions, the acceptance, possession, use or misuse of any Cat Prepaid Credits, 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. Each Customer further agrees to fully indemnify the Releasees from any and all claims by third parties relating to the Promotion, without limitation.

  10. Privacy: By participating in the Promotion, each Customer (i) grants to Sponsor and its respective authorized agents the right to use his/her/its name, e-mail address, and such other information provided in connection with registering for the Promotion (“Personal Data”) for the purposes of administering the Promotion including, but not limited to, contacting the Customer and providing Cat Prepaid Credits; (ii) authorizes Sponsor to send the Customer additional promotional, marketing or other correspondence related to the ownership of Cat products, subject to Customer's right to "opt out" of future correspondence; and (iii) acknowledges that Sponsor may disclose his/her Personal Information to third-party agents and service providers of Sponsor in connection with any of the activities listed in (i) and (ii) above. Personal information will otherwise not be sold, shared or disclosed in any manner or for any other purposes by Sponsor or any related entities. Personal Data is more fully defined in the global privacy notice posted online at https://www.caterpillar.com/dataprivacy (the “Privacy Statement”). Sponsor and its service provider partners will collect, use store, disclose and share the collected data, including any Personal Data in accordance with the Privacy Statement. By entering into this Agreement, Customer agrees to collection, use, disclosure and sharing of the collected data as set forth in the Privacy Statement; which may be updated by Sponsor from time to time without notice. Customer may also have consented to the collection, use, disclosure and sharing of Personal Data in other agreements with Sponsor, its affiliates or Caterpillar dealers and nothing contained herein shall interfere with or affect those consents in any way.

  11. Choice of Law; Dispute Resolution: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Terms and Conditions, or the rights and obligation of the Customer and 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 Cat Prepaid Credits 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 Customer hereby consents to the jurisdiction of the courts located therein.

  12. Trademark/Copyright: All content on Sponsor's App and Websites, 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 Sponsor's App and Website are the property of either Sponsor, its respective affiliates, or third parties that have licensed content and software for use on Sponsor's App and 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 Terms and Conditions. All rights not expressly granted in these Official Terms and Conditions are reserved.

  13. Termination: 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 Terms and Conditions in any way, at any time, for any reason without prior notice.

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