CAT® CHOICES GIVEAWAY PROMOTION
NO PURCHASE NECESSARY TO ENTER 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 RESIDENTS OF FLORIDA, NEW YORK, RHODE ISLAND, PUERTO RICO, THE U.S. TERRITORIES AND POSSESSIONS) AND CANADA (EXCLUDING RESIDENTS OF THE PROVINCE OF QUEBEC). U.S. RESIDENTS MUST BE 18 YEARS OF AGE OR OLDER AND PHYSICALLY LOCATED AND RESIDE IN THE UNITED STATES OR DISTRICT OF COLUMBIA (EXCLUDING RESIDENTS OF FLORIDA, NEW YORK, RHODE ISLAND, PUERTO RICO, THE U.S. TERRITORIES AND POSSESSIONS); CANADIAN RESIDENTS MUST BE THE AGE OF MAJORITY IN THEIR PROVINCE OR TERRITORY OF RESIDENCE OR OLDER AND PHYSICALLY LOCATED AND RESIDE IN CANADA (EXCLUDING THE PROVINCE OF QUEBEC). THIS PROMOTION IS VOID IN FLORIDA, NEW YORK, RHODE ISLAND, PUERTO RICO, THE U.S. TERRITORIES AND POSSESSIONS AND THE PROVINCE OF QUEBEC AS WELL AS WHERE PROHIBITED OR RESTRICTED BY LAW OR REGULATION. THIS PROMOTION IS SUBJECT TO ALL FEDERAL, STATE, PROVINCIAL, LOCAL AND MUNICIPAL LAWS. THE LAWS OF THE STATE OF ILLINOIS GOVERN THIS PROMOTION.
1) NO PURCHASE NECESSARY TO ENTER PROMOTION. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING.
2) Promotion Sponsor: The Cat® Choices Giveaway Promotion is comprised of two separate and distinct giveaway promotions and these Official Rules concern exclusively with and pertain exclusively to the second of the two giveaway promotions (the second of the two giveaway promotions hereinafter referred to as the “Promotion”) is sponsored by Caterpillar, Inc. 500 Lake Cook Road, Deerfield, Illinois, 60015 (the “Sponsor” or “Caterpillar”).
3) Who Can Enter: To be eligible to participate in the Promotion, an individual must:
a) be a legal resident of and physically located in: (i) one of the fifty (50) United States (excluding residents of Florida, New York, Rhode Island, Puerto Rico, and the U.S. Territories and Possessions), (ii) the District of Columbia or (iii) Canada (excluding the province of Quebec); and
b) be 18 years of age or older (for United States residents) or be of the age of majority or older in the province or territory of residence (for Canadian residents) as that term is defined in your place of residence.
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.
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, provincial, state, local, 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 cat.com/choicesgiveaway (the “Promotion Website”) to complete and submit the Promotion entry form with the Entrant’s full legal name, complete mailing address, e-mail address, daytime telephone number, and such additional information requested 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 12:00:01 a.m. CDT on July 1, 2021 and 11:59:59 p.m. CDT on October 31, 2021 (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 Cat® Choices Giveaway Promotion Part II Official Rules (“Official Rules”) in order to have his/her Entry entered into the Promotion. Each Entrant must also consent to, and abide by these Official Rules 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, a Prize (defined below) will be awarded to nine (9) Entrants in accordance with these Official Rules.
c) All Entries become the sole property of the Sponsor and none will be returned for any reason.
d) Lost, late, incomplete, inaccurate, 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 during the Promotion Period.
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.
5) Prizes to be Awarded:
a) There will be nine (9) prizes (each a “Prize” and collectively the “Prizes”) available to be won by eligible Entrants that successfully enter the Promotion. From the collective group of eligible Entrants that successfully enter the Promotion and subject to these Official Rules, three (3) separate winners will be selected in each of three (3) consecutive months as set forth below (each a “Winner” and collectively the “Winners”).
b) The Prize for the three (3) Winners chosen on the First Drawing Date (as defined below) is 15,000 Cat Reward Points and a Five Hundred and no/100 U.S. Dollars Cat Prepaid Credit that can be used towards the purchase of Cat parts, service, work tools, or rentals at any Cat dealer or Cat rental store location in the United States or Canada, however, each Cat Prepaid Credit can only be used in Winner’s country of residence. The total approximate value of the Prize awarded to each of the three (3) Winners on the First Drawing Date is Three Thousand Seven Hundred Fifty and no/100 U.S. Dollars ($3,750.00 U.S.).
c) The Prize for the three (3) Winners chosen on the Second Drawing Date (as defined below) is 15,000 Cat Reward Points and a Five Hundred and no/100 U.S. Dollars Cat Prepaid Credit that can be used towards the purchase of Cat parts, service, work tools, or rentals at any Cat dealer or Cat rental store location in the United States or Canada, however, each Cat Prepaid Credit can only be used in Winner’s country of residence. The total approximate value of the Prize awarded to each of the three (3) Winners on the Second Drawing Date is Three Thousand Seven Hundred Fifty and no/100 U.S. Dollars ($3,750.00 U.S.).
d) The Prize for the three (3) Winners chosen on the Third Drawing Date (as defined below) is 20,000 Cat Reward Points and a Five Thousand and no/100 U.S. Dollars ($5,000.00 U.S.) Cat Prepaid Credit that can be used towards the purchase of Cat parts, service, work tools, or rentals at any Cat dealer or Cat rental store location in the United States or Canada, however, each Cat Prepaid Credit can only be used in Winner’s country of residence. The total approximate value of the Prize awarded to each of the three (3) Winners of the Third Drawing Date is Eighteen Thousand and no/100 U.S. Dollars ($18,000.00 U.S.).
e) The total aggregate approximate value of all of the Prizes is Twenty Five Thousand Fifty and no/100 U.S. Dollars ($25,500.00 U.S.).
f) Winners are not entitled to any monetary difference between the actual Prize value and the stated approximate Prize value, if any.
g) The Cat Prepaid Credits are not redeemable for cash.
Each of the 9 chosen Winners will be directed to register with the Cat Rewards Program and upon registration in the Cat Rewards Program and fulfillment of the requirements set forth herein, the Cat Rewards Points will be deposited into the Cat Rewards Program Participation Account of each of the Winners. In addition to these Official Rules, the Cat Rewards Program complete terms and conditions (“Program Terms”) are incorporated and merged herein, and shall govern this Promotion. The Cat Rewards Program terms and conditions are viewable at https://rewards.cat.com/user/register/termsandconditions.
h) Each Cat Prepaid Credit will be delivered to the Winner as a certificate by electronic mail to the e-mail address provided by each Winner during the completion of the Entry, after the Winner has been successfully contacted and notified of his/her Prize and fulfilled the requirements set forth herein.
i) The Sponsor shall not be responsible for delivery of any portion of the Prize to any location other than to the location and to such person’s attention as are identified by each Winner in the Winner’s Entry submitted and these Official Rules.
j) Each Entrant must comply with these Official Rules.
k) 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 Sponsor. The Sponsor 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.
l) The Sponsor shall not assume any liability for a lost, damaged or misdirected Prize.
m) The Sponsor shall not be liable if the Prize is prohibited from being provided due to unforeseen circumstances including, but not limited to, acts of God beyond Sponsor‘s reasonable control.
n) The Sponsor shall not be responsible if the Prize is 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.
o) EACH WINNER IS SOLELY RESPONSIBLE FOR ANY AND ALL FEDERAL, STATE, PROVINCIAL OR LOCAL TAXES DUE ON THE PRIZE OR INCURRED AS A RESULT OF WINNING A PRIZE.
6) Winner Selection:
a) The Winners shall be selected by random draw from the total number of eligible Entries received during the Promotion Period as of each Drawing Date as follows: three (3) to be drawn on or about September 1, 2021, (the “First Drawing Date”) from all eligible Entries received on or before August 31, 2021 at 11:59 p.m.; three (3) to be drawn on or about October 1, 2021, (the “Second Drawing Date”) from all eligible Entries received on or before September 30, 2021 at 11:59 p.m.; and three (3) to be drawn on or about November 1, 2021 (the “Third Drawing Date”) from all eligible Entries received on or before October 31, 2021 at 11:59 p.m.; (the First Drawing Date, the Second Drawing Date, and the Third Drawing Date collectively a “Drawing Date”).
b) Each Entrant can win more than one (1) Prize.
c) No more than the stated number of prizes will be awarded.
d) The odds of winning depend upon the total number of eligible Entries received during the Promotion Period as of the cut off time for each Drawing Date as set forth in Section 6 a) of these Official Rules .
e) 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.
f) Before being declared a Winner, the Entrant selected must comply with these Official Rules (including the eligibility requirements).
7) Winner Notification: The Winner will be notified by electronic mail and/or telephone using the information provided in his or her Entry. Notification will be attempted by Sponsor a maximum of five (5) times. 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.
8) Agreement to Official Rules: Participation in the Promotion constitutes the Entrant’s full and unconditional agreement and acceptance of these Official Rules. Receiving a Prize is contingent upon fulfilling all requirements set forth herein.
9) Identification of Winners: The Winners shall be announced on the Promotion Website on or about November 1, 2021 and shall remain posted there for a minimum of thirty (30) days. Where permitted by law, for the names of all Winners of Prizes, available on or after November 1, 2021, send a self-addressed stamped envelope to: Caterpillar Inc., Attn: Customer Interaction Center – Matt Sanders, 100 NE Adams Street, Peoria IL 61602
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 the Entrant or any other individual implicated in such action and/or to cancel, terminate, modify or suspend this Promotion, or any portion thereof, without obligation. 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, the Entrant consents to future communications being sent to the Entrant, subject to a right to “opt out” and cease all future correspondence, the use of his/her, 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 all Winners, 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 (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 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 may be required to execute an affidavit and release (the “Affidavit and Release”) that, among other things, 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.
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: None of the following are affiliated with this Promotion: Simantel, its subsidiaries, if any, nor any of the following social media platforms: Facebook®, Instagram®, LinkedIn®, and Twitter®; and none of the foregoing are sponsors of this Promotion and therefore are not responsible for providing any Prize to be awarded.
17) Trademark/Copyright: All Content on the Promotion Website, any Facebook® page, Instagram® posts, or any Twitter® messages (or "tweets"), 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, any Facebook® page, or any Twitter® messages, Instagram® posts, and/or LinkedIn® shares or posts 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, 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 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.
2021 Caterpillar, Inc. All Rights Reserved.